Transitional Justice: Between Retributive and Restorative Justice

• Main Author: Oliver Bačanovikj
• Format: Article
• Language: English
• Published: Faculty of Philosophy, Ss. Cyril and Methodius University in Skopje 2015-12-01
• Series: Bezbednosni Dijalozi
• Subjects: transitional justice; restorative justice; retributive justice; post-conflict societies; post-authoritarian societies
• Online Access: http://periodica.fzf.ukim.edu.mk/sd/SD%2006.sp%20(2015)/SD%2006.sp.33%20Bachanovikj,%20O.%20-%20Transitional%20Justice%20Between%20Retributive%20and.pdf

The text aims at defining the concept, the elements, and the relationship between restorative and retributive justice in the context of transitional justice. The basic hypothesis is that the goals of transitional justice are broader than those of the retributive justice, or better - it is a more complex phenomenon that cannot be reduced to criminal charges and trials. It corresponds to the nature of the societies in transition from authoritarian regimes and/or post-conflict societies that face challenges, such as: providing the satisfaction of the victim, active engagement of all the participants in the restorative process (i.e. the perpetrator, the victim, and the community), reform of the institutions as well as the system as a whole, and finally –reconciliation as a precondition for the achievement of the final goal i.e. enduring peace. All this requires performing complex and long-term activities but provides for a final and significant result – the reconstruction of the society through the rule of the law, democracy, and the respect of human rights and freedoms.