TRANSITIONAL JUSTICE: EVOLUTION, PRINCIPLES, MECHANISMS OF IMPLE-MENTATION

Abstract

Introduction. The article is devoted to the results of a comprehensive study of the phenomenon of transitional justice as a conceptual and practical model of post-conflict reconstruction aimed at ensuring accountability, establishing the truth, reparation and guarantees of non-repetition in states experiencing or emerging from periods of mass human rights violations, armed conflicts or authoritarian rule. The relevance of the topic is due to the urgent need of states in the post-conflict period to ensure the restoration of the rule of law, strengthen the rule of law and restore the public's trust in state institutions. Over the past decades, transitional justice has transformed into an interdisciplinary direction that encompasses international law, criminal law, and political science. At the same time, the concept continues to evolve, responding to modern challenges, such as hybrid wars, mass internal population displacements during crises, digital crimes, memory manipulation and demands for broader civil society participation in post-conflict reconstruction processes.

Summary of the main research findings. The article traces the historical evolution of the concept of transitional justice from the first post-conflict processes after World War II to its integration into national legislation and international peace policy. It is shown that transitional justice was formed under the influence of several key stages. First, the Nuremberg and Tokyo models, which laid the foundation for international criminal responsibility. The second stage was marked by a turn to truth and reconciliation in Latin America (Chile, Argentina, El Salvador), which actualized the role of restoring the truth and acknowledging crimes in order to prevent their repetition and prevent the radicalization of society. The third stage was the spread of hybrid models, including the Truth and Reconciliation Commission of South Africa. Today, the concept is being institutionalized in international law, in particular through the creation of the ICC.

Based on the analysis, the author identifies four classic components of transitional justice: the right to truth (documentation of crimes, the work of truth commissions, preservation of memory), justice (criminal prosecution of persons responsible for serious violations), reparation (compensatory and symbolic forms, rehabilitation of victims), guarantees of non-repetition (institutional reforms of the security sector, the judicial system, constitutional changes).

The article analyzes the main models of implementation of transitional justice mechanisms: criminal judicial models (domestic, international, hybrid tribunals); truth and reconciliation models; compensation and restitution programs; models of institutional reform. Particular attention is paid to the balance between punishment and reconciliation. It is shown that successful models do not oppose criminal justice and restorative justice, but combine them depending on the political context, state capabilities and societal expectations.

Conclusion. In the conclusions, the author systematizes the key findings of the study and emphasizes that transitional justice is not a universal model, but a flexible framework that adapts to the unique political, social and legal conditions of each state. The article emphasizes that the effectiveness of transitional justice mechanisms is determined not only by legal instruments, but also by the level of political will, public participation, support from international partners and the state’s ability to build institutions focused on human rights.

It is emphasized that transitional justice plays a critical role in post-conflict state-building, as it ensures the restoration of trust in justice institutions, recognition of the suffering of victims, the formation of a culture of memory, the transformation of society through reforms, long-term stability and the prevention of new conflicts.

The author concludes that the future of transitional justice depends on the ability of the international community and national governments to integrate new technologies, strengthen victim protection, ensure accountability for new types of crimes (including cyber and environmental crimes), and adapt approaches to the increasing complexity of contemporary conflicts. Transitional justice remains a key tool for finding a balance between justice, reconciliation, and sustainable peace.