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Transitional Justice: A Conceptual and Normative Framework for Combating Terrorism in Occupied Territories
Title: Transitional Justice: A Conceptual and Normative Framework for Combating Terrorism in Occupied Territories;
La justice transitionnelle : un cadre conceptuel et normatif international contre le terrorisme des territoires occupés
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International Studies Journal, 2010, 6, 4, 1-22
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QUESADA ALCALA, Carmen, ZAKERIAN, Mehdi, Transitional Justice: A Conceptual and Normative Framework for Combating Terrorism in Occupied Territories; La justice transitionnelle : un cadre conceptuel et normatif international contre le terrorisme des territoires occupés, International Studies Journal, 2010, 6, 4, 1-22 - https://hdl.handle.net/1814/14654
Abstract
Transitional justice generally refers to a range of approaches, judicial and
non-judicial, that States may use to build the transition from violence and
repression to societal stability and peace. The term “transitional justice” has
recently received ever greater attention with respect to the Occupied
Territories, especially in relation to terrorism and its consequences. The
purpose of this paper is to establish a normative and conceptual framework
for transitional justice in the fight against terrorism in the Occupied
Territories. We will focus our attention in the possible ways of transitional
justice for the Occupied Territories, and in its essential elements related to
terrorism: Truth Commissions, International or Hybrid Tribunals, and the
International Criminal Court. Our principal aim is to make a proposal
relating a specific profile of transitional justice that is appropriate and
feasible for the Occupied Territories, in light of the experience of other
international tribunals. But this proposal must be done to ensure that the
rights to truth and to the identification of the perpetrators of terrorism are
effectively guaranteed and the harm suffered by victims is recognized. And
this is a big challenge that must be met if this region of the world is to have a
peaceful future.
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Product of workshop No. 2 at the 10th MRM 2009