Transitional justice in Libya between the rule of law and the challenges of the transitional phase

Abstract

Transitional justice is a methodology targeting the past of human rights violations, achieving democratic transition and the rule of law directly and peacefully, establishing democratic and constitutional institutions that ensure that tyranny does not return again, or violating human rights, and addressing the files of the past with regard to violations, with the aim of rebuilding a homeland for the future. Everyone, without exclusion, is based on democracy, respect for human rights and the rule of law. And because each country has its own characteristics and components, there is no ready-made prescription for transitional justice, and for transitional justice to succeed in a country it must stem from a clear approach and an agreed strategic choice, consistent with the country's peculiarities and the period in which it is going. The usefulness of the study stems from the importance of the historical stage of political change in Libya, as transitional justice is one of the merits of the current transitional phase, as it is without any doubt a first step in achieving national reconciliation among the Libyan people, and a tool to rebuild political confidence between them, as a basis for drafting the political contract, a constitution Country. It also reveals the obstacles and challenges that faced and hindered the process of restorative justice in Libya, while giving an overview of the period that preceded this change as the "social and grievances" legacy carried by Libyan society.