Transitional Justice: A Conceptual and Normative Framework for Combating Terrorism in Occupied Territories

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.