THE ROLE OF TRANSITIONAL JUSTICE MICHANISMS IN REDRESSING VICTIMS ENFORCED DISAPPEARANCE IN SYRIA

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Date
2022-04-19
Authors
Sabbh, Hadeel
Journal Title
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Volume Title
Publisher
An-Najah National University
Abstract
This study sheds light on the role of transitional justice mechanisms in redressing the victims of enforced disappearance in Syria, by understanding what are the obligations of the Syrian state under this crime, in addition to the role that transitional justice mechanisms will contribute to if they are applied within the framework of redressing victims Enforced Disappearance. The role of its mechanisms in redressing the victims of enforced disappearance in light of the current political, social and international realities. The importance of this study lies in that it reinforces the idea of applying the transitional justice approach in Syria, benefiting from the experiences of Latin American countries that have gone through similar experiences of human rights violations, especially the crime of enforced disappearance during the civil war period at the end of the last century, as these experiences proved the importance of applying mechanisms Transitional justice in redress for victims of enforced disappearance. The researcher divided this study into two chapters that discuss in the first chapter the development of the crime of enforced disappearance by reviewing the historical and legal context of it, as well as the obligations imposed on the Syrian state according to it. Enforced disappearance, in addition to the importance and challenges of implementing the transitional justice approach, and the role of its judicial and non-judicial mechanisms in redressing the victims of enforced disappearance in Syria. The study concluded with a set of results and recommendations, the most important of which were: Considering the application of criminal accountability in Syria as an essential component for the implementation of the transitional justice approach, and this was confirmed by court decisions issued by German courts based on the principle of universal jurisdiction, and the fact that the current conflict did not end does not mean the necessity of Postponing the search for appropriate transitional justice mechanisms for implementation, but this point should be considered as a challenge to the negotiating parties, pushing them and motivating them to think deeply about what are the appropriate mechanisms to apply them in the Syrian conflict. And the international community's recommendation to provide various forms of support to these organizations.
Description
This study sheds light on the role of transitional justice mechanisms in redressing the victims of enforced disappearance in Syria, by understanding what are the obligations of the Syrian state under this crime, in addition to the role that transitional justice mechanisms will contribute to if they are applied within the framework of redressing victims Enforced Disappearance. The role of its mechanisms in redressing the victims of enforced disappearance in light of the current political, social and international realities. The importance of this study lies in that it reinforces the idea of applying the transitional justice approach in Syria, benefiting from the experiences of Latin American countries that have gone through similar experiences of human rights violations, especially the crime of enforced disappearance during the civil war period at the end of the last century, as these experiences proved the importance of applying mechanisms Transitional justice in redress for victims of enforced disappearance. The researcher divided this study into two chapters that discuss in the first chapter the development of the crime of enforced disappearance by reviewing the historical and legal context of it, as well as the obligations imposed on the Syrian state according to it. Enforced disappearance, in addition to the importance and challenges of implementing the transitional justice approach, and the role of its judicial and non-judicial mechanisms in redressing the victims of enforced disappearance in Syria. The study concluded with a set of results and recommendations, the most important of which were: Considering the application of criminal accountability in Syria as an essential component for the implementation of the transitional justice approach, and this was confirmed by court decisions issued by German courts based on the principle of universal jurisdiction, and the fact that the current conflict did not end does not mean the necessity of Postponing the search for appropriate transitional justice mechanisms for implementation, but this point should be considered as a challenge to the negotiating parties, pushing them and motivating them to think deeply about what are the appropriate mechanisms to apply them in the Syrian conflict. And the international community's recommendation to provide various forms of support to these organizations.
Keywords
Enforced disappearance, Transitional justice, The right to redress, truth commissions, Compensation and reparation
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