The Integrated and Comprehensive Rights-Based Approach to Transitional Justice Systems Libya as a Model

Abstract

The subject of transitional justice is of paramount importance due to its intrinsic link to the restoration of peace and the achievement of stability following the periods of security vacuum often experienced by states during democratic transitions. Transitional justice represents a comprehensive framework dedicated to establishing a state governed by institutions, ensuring the rule of law, and addressing legacy issues concerning human rights violations.
In light of the arduous reality currently facing the Libyan state—precipitated by the repercussions of armed conflicts and the struggle for power following the February 17 Revolution—the operationalization of a transitional justice system has become an urgent necessity. It is a critical entitlement essential for navigating the country out of its current impasse. Although successive Libyan governments have made several attempts in this context, employing various mechanisms and measures pertinent to transitional justice, these endeavors have, most regrettably, culminated in failure.
Accordingly, the significance of this research lies in addressing the problematic inquiry regarding the primary causes that have hindered the realization of the desired objectives of transitional justice in Libya. This study is structured into two main sections: the first identifies the mechanisms adopted to achieve transitional justice within the Libyan context, while the second examines the challenges and impediments obstructing its implementation, alongside proposed strategies to overcome them.