ІСТОРИЧНІ АСПЕКТИ СТАНОВЛЕННЯ КОНЦЕПЦІЇ ПЕРЕХІДНОГО ПРАВОСУДДЯ В ТЕОРІЇ МІЖНАРОДНОГО ПРАВА

Abstract

The article examines the features of the historical development of the concept of transitional justice in the theory of international law. The author draws attention to the urgency of the need to generalize the patterns of development of directions and mechanisms of transitional justice, study the evolution of international legal regulation of the transitional justice model, and clarify the impact of national contexts on the content of the transitional justice model. The author analyzes in detail the existing theories of the concept of transitional justice and draws attention to the common features of these concepts. In particular, this concerns the emergence of a transitional justice model through human rights campaigns around the world in response to serious violations of human rights or humanitarian law. The author concludes that transitional justice was formed as a model that directs political processes in the state to the stage of sustainable development. Moreover, it is proved that a characteristic feature of the history of the formation of individual mechanisms of transitional justice is their visualization without a vision of a holistic model (this applies to such areas as: amnesty, lustration, satisfaction). The author also concludes that in the process of evolution of the model of transitional justice two processes take place in parallel: the formation of the concept of transitional justice as a holistic model; formation of separate mechanisms and forms of settlement of post-conflict and post-authoritarian periods of state development. The article substantiates the inter-institutional nature of the model of transitional justice, which combines private law and public law institutions. This means that the model of transitional justice affects the whole spectrum of relations in a post-authoritarian and postconflict society.