Transitional justice

Transitional justice (전환기의 정의/轉換期的 正義) refers to the set of judicial and non-judicial measures to be implemented so as to set a new norm for the market economy from the socialist one in the process of transition, and to redress the legacies of massive human rights abuses. These measures include criminal prosecutions, truth commissions, reparations programs, and various kinds of institutional reforms.

Transitional justice is enacted at a point of political transition from violence and repression to societal stability and it is informed by a society’s desire to rebuild social trust, repair a fractured justice system, and build a democratic system of governance. The core value of transitional justice is the very notion of justice — which does not necessarily mean criminal justice. This notion and the political transformation, such as regime change or transition from conflict are thus linked toward a more peaceful, certain, and democratic future.

Key words
transitional justice, political transition, human rights abuses, rule of law

Examples
Transitional justice has recently received greater attention by both academics and policymakers. It has also generated interest in the fields of political and legal discourse, especially in transitional societies. In period of political transitions, from authoritarian, dictatorial regimes or from civil conflicts to democracy, transitional justice has often provided opportunities for such societies to address past human rights abuses, mass atrocities, or other forms of severe trauma in order to facilitate a smooth transition into a more democratic or peaceful future.

The typical example of transitional justice might be found from human rights abuses and holocaust under Nazism. Similar cases are enumerated as follows:
 * Killing Fields under the Pol Pot regime in Cambodia (1975 - 1979)
 * Dirty War in Argentina (1976 - 1983)
 * Evil doings of Stasi in East Germany (1948 - 1989)
 * Genocide in Rwanda (1994)
 * Ethnic cleansing at Kosovo (1998)
 * Gwangju Democratization Movement in South Korea (1980)
 * Human rights abuses in North Korea (1948 - present)

Objectives
The primary objective of a transitional justice policy is to end the culture of impunity and establish the rule of law in a context of democratic governance.

The legal and human rights protection roots of transitional justice impute certain legal obligations on states undergoing transitions. It challenges such societies to strive for a society where respect for human rights is the core and accountability is routinely practiced as the main goals. In the context of these goals, transitional justice aims at:
 * Halting ongoing human rights abuses;
 * Investigating past crimes;
 * Identifying those responsible for human rights violations;
 * Imposing sanctions on those responsible (where it can);
 * Providing reparations to victims;
 * Preventing future abuses;
 * Security sector Reform;
 * Preserving and enhancing peace; and
 * Fostering individual and national reconciliation.

In general, therefore, one can identify eight broad objectives that transitional justice aims to serve: establishing the truth, providing victims a public platform, holding perpetrators accountable, strengthening the rule of law, providing victims with compensation, effectuating institutional reform, promoting reconciliation, and promoting public deliberation.

Implementing Justice
As a German lawyer Baerbel Bohley described the transitional justice, it's true "At first, we sought justice, but we've got a rule of law."

In order to implement justice, according to Wikipedia, the investigation and prosecution of serious international crimes, such as genocide, crimes against humanity, and war crimes are needed.

It helps strengthen the rule of law by sanctioning those who violate laws with criminal penalties. It also demonstrates that crime will not be tolerated, and that human rights abusers will be held accountable for their actions. The ICC and Hybrid Courts/Tribunals are key components of prosecution initiatives.

International Criminal Court
The ICC was established by the Rome Statute in 1998. It is the first international criminal court that helps end impunity for perpetrators of severe crimes. It was established to investigate and try leaders of genocide, war crimes, and crimes against humanity in cases where countries are unable or unwilling to do so.

Hybrid courts/tribunals
Hybrid courts and tribunals have emerged as “third generation” courts established to investigate and prosecute human rights offenses. They follow the “first generation” Nuremberg and Tokyo tribunals and the “second generation” International Criminal Court and International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). These courts consist of both international and domestic justice actors. They attempt to deliver justice that the domestic justice systems cannot provide alone due to lack of capacity or political will. Furthermore, hybrid courts attempt to strengthen domestic capacities to prosecute human rights abuses through the transfer of international legal skills and expertise. Examples include the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia.

Reparations
Reparations aim to repair the suffering of victims of human rights abuses. They seek to make amends with victims, help them overcome the consequences of abuse, and provide rehabilitation. They may include financial payments, social services including health care or education, or symbolic compensation such as public apologies. One example is the Canadian government’s apology “Statement of Reconciliation” to indigenous Canadian families for removing their children and placing them in church-run Indian Residential Schools. The Canadian government also created a $350 million fund to help those affected by the schools.

Truth-seeking
Truth-seeking encompasses initiatives allowing actors in a country to investigate past abuses and seek redress for victims. These processes aim to enable societies to examine and come to terms with past crimes and human rights violations in order to prevent their recurrence. They help create documentation that prevents repressive regimes from rewriting history and denying the past. They can also help victims obtain closure by knowing the truth about what actually happened (such as to “disappeared” people) and understanding the atrocities they endured. Truth-seeking measures may include freedom of information legislation, declassification of archives, investigations, and truth commissions.

Truth commissions
Truth commissions are non-judicial commissions of inquiry that aim to discover and reveal past abuses by a government or non-state actors; about forty official truth commissions have been created worldwide. One example is the Truth and Reconciliation Commission in South Africa, which was established to help overcome apartheid and reconcile tensions in the country.

Memory and memorials
Memorials seek to preserve memories of people or events. In the context of transitional justice, they serve to honor those who died during conflict or other atrocities, examine the past, address contemporary issues and show respect to victims. They can help create records to prevent denial and help societies move forward. Memorials may include commemoration activities, such as architectural memorials, museums, and other commemorative events. One example includes the monuments, annual prayer ceremony, and mass grave in northern Uganda, created in response to the war conducted by and against the Lord’s Resistance Army there.

Institutional reform
Public institutions, including the police, military, and judiciary, often contribute to repression and other human rights violations. When societies undergo a transition, these institutions must be reformed in order to create accountability and prevent the recurrence of abuse. Institutional reform includes the process of restructuring these state actors to ensure that they respect human rights and abide by the rule of law.

Reforms can include measures such as vetting, lustration, and Disarmament, Demobilization and Reintegration (DDR). Vetting is the process of eliminating corrupt or abusive officials from public service employment. For instance, in Afghanistan, election candidates in the 2009 and 2010 elections were vetted. While similar to lustration, "vetting" is the broader category referring to processes aimed at screening and excluding human rights abusers from public institutions while "lustration" refers specifically to the vetting processes and laws that were implemented in the former communist countries in Eastern and Central Europe after the end of the Cold War. Vetting does not necessarily imply dismissals from the state apparatus. Several countries developed alternative personnel systems that provide for the inclusion of inherited personnel in exchange for their exposure or confession. DDR programs assist ex‑combatants in rejoining society.