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The contribution of transitional justice to the establishment of the rule of law in a post-conflict society


Author: Năvodariu Elena Tania
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2022
Scientific adviser: Vitalie Gamurari
doctor, associate professor (docent)
Institution: Free International University of Moldova

Status

The thesis was presented on the 16 June, 2022 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.35 Mb / in romanian
Adobe PDF document0.26 Mb / in english

Thesis

CZU 341.1/.8:340.12(043.2)

Adobe PDF document 2.22 Mb / in romanian
259 pages


Keywords

transitional justice, rule of law, sanction, amnesty, reconciliation, post-conflict society

Summary

Thesis structure: Introduction, three chapters, general conclusions, recommendations and bibliography from 239 titles, 228 basic text pages. The obtained results are published in 11 scientific papers.

Field of study: Public international and European law.

The aim of the paper is to determine the role of transitional justice in the process of national reconciliation of a post-conflict society, including the restoration and consolidation of the rule of law.

Research objectives: determining the concept of transitional justice; characterization of instruments and mechanisms of transitional justice; description of the forms and methods of implementation of transitional justice; appreciation of the role of transitional justice in the context of consolidating and reconciling a post-conflict society; the contribution of transitional justice to the restoration of trust in state institutions and the consolidation of the rule of law in a post-conflict society; determining the co-ratio between the capacity of sanctions and amnesty as instruments of transitional justice to restore a certain level of trust between the enemy parties in a divided society; avoiding the inevitable in such situations - the imposition of revenge.

Scientific novelty and originality are determined by the fact that the concept of transitional justice is a new one, formulated three decades ago, in the context in which International Law was faced with a dilemma - which would be its instruments and institutions that may be able to respond expressly to the challenges facing post-conflict societies in the context in which the reconciliation of such a society is conditioned by the restoration of the functioning of state institutions in general and the rule of law in particular.

The results obtained that contribute to solving an important scientific problem lie in the formulation of the concept of transitional justice, especially in the context of restoring the rule of law, including the trust of a post-conflict society in state institutions.

Theoretical significance - The approach to the concept of transitional justice as opposed to the rule of law is a new one, which is still in the process of consolidation. Transitional justice is a new concept, with its own objectives, principles, sources, subjects, object, but, with regret, without ends, unlike the “rule of law”, which is an express, recognized, accepted one and which does not need an additional approach.

The applicative value of research - The study could be used by decision-makers in the negotiation process of post-conflict situations, such as the case of the Republic of Moldova - the armed conflict of 1992, but also the need to reconcile a divided society for over 30 years, The study can be used to train specialists who focus on areas such as - conflictology, victimology and, obviously, international law, in the situation where, at regional level, but not only, there is a severe lack of specialists.

Implementation of scientific results - The information accumulated and presented in the study can and must be part of the preparation of the teams participating in the negotiations on the "Transnistrian" issue, as well as a broad dialogue at the national level in the context of a long process of reconciliation of Moldovan society. Or, the inclusion of the study in question as a scientific-didactic material for the students from the faculties of Law, International Relations, Political Science, etc.