Відновне та перехідне правосуддя в міжнародному праві

Abstract

International law deals with regime change and post-conflict situations under the perspective of transitional justice rather than restorative justice. It envisages a broad range of mechanisms which relate to (1.) truth-seeking, (2.) criminal justice, (3.) reparations, and (4.) guarantees of non-recurrence. International institutions have codified important standards for transitional justice. The UN Basic Principles and Guidelines on the Right to a Remedy and Reparation and the UN Principles to Combat Impunity are examples of this. Some institutions like the International Criminal Court are directly involved in providing transitional justice. The Al-Mahdi case illustrates how an international institution can further develop international standards pertaining to transitional justice and to reparation in particular. Finally, international human rights law provides a framework for dealing with transitional justice. This is particularly true for the European Convention on Human Rights with the specific standards developed by the European Court of Human Rights. In essence, any project of transitional or restorative justice must respect the international rule of law