Transitional justice: some reflections around a misunderstood notion

Resumen

Transitional justice is a concept that, frequently, generates a huge rejection. The reason has to do with its consideration as a form of “extraordinary” justice in which, it is believed, the demands of the democracy or peace are the ones that should prevail. Consequently, it is thought that International Law does not have a role in these complex situations of transitions. However, as in the present work we are going to demonstrate, this conception of “transitional justice” is anchored in the past. In effect, nowadays, transitional justice is an integral form of justice -that applies in ambiguous “transitional” periods- and whose objective is to eradicate impunity and guarantee the rights of victims. What is more, the relation of transitional justice with International Criminal Justice is based on complementarity, due to the fact that criminal justice continues having a central role in transitional periods. In conclusion, the main objective of this work is to prove that it is erroneous to consider that transitional justice does not have a juridical basis and, as a consequence, that it only offers alternative mechanisms to deal with violations of human rights.