Dissertations / Theses on the topic 'Justice transitionnelle'
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Gutiérrez, Ramírez Luis-Miguel. "Justice transitionnelle et Constitution." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10015.
Full textThis research proposes a specific analysis of transitional justice through the prism of comparative constitutional law in order to examine the theoretical and practical links between transitional justice and the Constitution. Transitional justice is envisaged to deal with crimes perpetrated in armed conflicts or under dictatorships by establishing a legal regime that is both ad hoc, derogatory and retroactive. Many innovate and original mechanisms, both judicial and extrajudicial, can be mobilized to confront these crimes. In view of the experiences of various countries, it would nevertheless appear that the responses provided by the law to these situations are still insufficient and yet so necessary. The relationship between transitional justice and the Constitution has not been sufficiently studied by the doctrine and cannot continue to go unnoticed. These two notions interact dynamically and have a striking reciprocal influence. On one hand, the constituent power, both original and derived, constitutionalizes some of these mechanisms. On the other hand, the exercise of public authorities and the guarantee of fundamental rights provide a special framework for the establishment of a transitional justice process. Transitional Justice and Constitution are intrinsically linked in a relationship of constant confrontation which requires the reinterpretation of certain fundamental principles of constitutional law. In this context, the role of the constitutional judge becomes the main one to frame this process and also to slow it down. The present study shows that transitional justice can and must guarantee legal certainty of the situations it regulates, provided that they respect the guarantees enshrined in the Constitution
Gutiérrez, Ramírez Luis-Miguel. "Justice transitionnelle et Constitution." Electronic Thesis or Diss., Toulouse 1, 2017. http://www.theses.fr/2017TOU10015.
Full textThis research proposes a specific analysis of transitional justice through the prism of comparative constitutional law in order to examine the theoretical and practical links between transitional justice and the Constitution. Transitional justice is envisaged to deal with crimes perpetrated in armed conflicts or under dictatorships by establishing a legal regime that is both ad hoc, derogatory and retroactive. Many innovate and original mechanisms, both judicial and extrajudicial, can be mobilized to confront these crimes. In view of the experiences of various countries, it would nevertheless appear that the responses provided by the law to these situations are still insufficient and yet so necessary. The relationship between transitional justice and the Constitution has not been sufficiently studied by the doctrine and cannot continue to go unnoticed. These two notions interact dynamically and have a striking reciprocal influence. On one hand, the constituent power, both original and derived, constitutionalizes some of these mechanisms. On the other hand, the exercise of public authorities and the guarantee of fundamental rights provide a special framework for the establishment of a transitional justice process. Transitional Justice and Constitution are intrinsically linked in a relationship of constant confrontation which requires the reinterpretation of certain fundamental principles of constitutional law. In this context, the role of the constitutional judge becomes the main one to frame this process and also to slow it down. The present study shows that transitional justice can and must guarantee legal certainty of the situations it regulates, provided that they respect the guarantees enshrined in the Constitution
Turgis, Noémie. "La justice transitionnelle en droit international." Paris 1, 2012. http://www.theses.fr/2012PA010315.
Full textFlory, Philippe. "L'action de l'ONU dans le domaine de la justice transitionnelle." Thesis, Université Grenoble Alpes (ComUE), 2018. http://www.theses.fr/2018GREAD004/document.
Full textTransitional justice has experienced an impressive growth since its inception, more than thirty years ago. It has evolved from a field known only by experts to a common practice for post-conflict societies. It is now considered “normalised”. Still, the action of its main promoter, the United Nations, remains surprisingly under-studied. Never has it truly been considered in its entirety. The UN action in the field of transitional justice thus remains illknown. It is true that the highly complex structure of the United Nations, comprising numerous organs, institutions, funds, programmes and departments, does not make its study an easy task. The latter is rendered even harder by the equal complexity of transitional justice, a notion still not benefitting from a clear definition. The sheer existence of a United Nations’ transitional justice may be questioned. Has the Organisation managed to adopt aunified approach ? Does it succeed in applying it in a coherent fashion ? These questions may only find answers through a global and systematic study of the UN’s action in the field of transitional justice
Flory, Philippe. "L'action de l'ONU dans le domaine de la justice transitionnelle." Electronic Thesis or Diss., Université Grenoble Alpes (ComUE), 2018. http://www.theses.fr/2018GREAD004.
Full textTransitional justice has experienced an impressive growth since its inception, more than thirty years ago. It has evolved from a field known only by experts to a common practice for post-conflict societies. It is now considered “normalised”. Still, the action of its main promoter, the United Nations, remains surprisingly under-studied. Never has it truly been considered in its entirety. The UN action in the field of transitional justice thus remains illknown. It is true that the highly complex structure of the United Nations, comprising numerous organs, institutions, funds, programmes and departments, does not make its study an easy task. The latter is rendered even harder by the equal complexity of transitional justice, a notion still not benefitting from a clear definition. The sheer existence of a United Nations’ transitional justice may be questioned. Has the Organisation managed to adopt aunified approach ? Does it succeed in applying it in a coherent fashion ? These questions may only find answers through a global and systematic study of the UN’s action in the field of transitional justice
Dakuyo, Aboubacar. "À la recherche d’un modèle de justice transitionnelle efficace pour le Soudan du Sud." Thesis, Université d'Ottawa / University of Ottawa, 2021. http://hdl.handle.net/10393/41838.
Full textRomero, Cortes Elsa Patricia. "Vers la construction d'une justice transitionnelle par degrés : le cas colombien." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1020.
Full textTransitional Justice has become a reference in the countries trying to deal with a past of massive and systematic violations of human rights, due to an authoritarian regime or armed conflict. Colombia, ravaged on internal armed conflict for sixty years, is following this trend. In 2005, inspired law on transitional justice was adopted. Nevertheless, this law has not been adopted in a country emerging from conflict. Since it was adopted, transitional justice is a current topic in the Colombian situation. Whether by the normative framework of 2005 or by the adoption of new provisions, the Colombian transitional justice system is developing gradually and has been exposed to significant changes. The analysis of the system leads to determine a link with the past national law over the conflict. The overall study of the legislation on the subject provides a different approach towards the Colombian model. In this perspective, the use of transitional justice is relativized and its character of transitional process is further promoted, the outcome is the progressive construction of the system where the use of transitional justice is not yet exhausted. The current Colombian transitional system matches with a preparatory system to the post-conflict phase. This perspective facilitates the identification of normative failures and the obstacles to overcome, in order to implement an effective and efficient transitional justice system, which will go along with the efforts to end the armed conflict and to ease the post-conflict period
Jean, Joannie. "Mémoires et figures des "disparus" chiliens en période post-transitionnelle." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/24232.
Full textDenef, Mélanie. "Du droit des victimes aux réparations ethniques. Citoyennetés autochtones et afrocolombiennes au croisement de la justice transitionnelle et du multiculturalisme." Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0116.
Full textSince the signing of Peace Accords between the FARC-EP guerrilla and the government of Juan Manuel Santos in 2016, Colombia has embarked on a new attempt to resolve the armed conflict, taking into account the specificities of historically minorized ethnic groups, who have been both actors or victims of violence within the conflict. The "ethnic chapter" integrated into the recent Peace Accords reflects several decades of social mobilization, where victim movements intersected with Indigenous and Afro-Colombian movements in the fight for human rights and for the decentering of peace rights from marginalized territories. It is also part of ongoing peace-building policies amidst the armed conflict and efforts to manage ethnic diversity in a postcolonial context that Colombia has adopted since the end of the twentieth century. Prior to these Peace Accords, Decree-Laws 4633 and 4635 of 2011 had already outlined the rights of victims to justice, truth, reparations, and the non-repetition of violence, through an "ethnic differential approach" aimed at Indigenous, Black, Afro-Colombian, Raizales and Palenqueras peoples and territories. Situated at the crossroads between two governance models – conceptualized as Transitional Justice and Multiculturalism – policies for collective reparation to ethnically differentiated victims of the Colombian armed conflict challenge traditional citizenship categories of belonging on multiple levels. How is the recognition of ethnic communities as collective subjects of rights may be translated into the formulation and application of collective reparations for peripheral communities and territories historically constructed as ethnic? How does the transition towards peace through reparations for conflict victims prompt a rethinking of the relationship between Indigenous and Afro-Colombian peoples and the State? To what extent does the restoration of their rights violated during the armed conflict contribute to a redefinition of differentiated ethnic and victim-based citizenship? To answer these questions, this thesis adopts a socio-anthropological fieldwork approach comparing two reparative processes conducted within two ethnic communities recognized as collective victims of the armed conflict by the 2011 Victims and Land Restitution Law: a group of displaced people organized as a Nasa resguardo in the Andes of Cauca and a Black Community Council encompassing eleven Black communities in the Pacific coast of Cauca. Combining archivist research to trace the mobilization of ethnic organizations in shaping post-conflict policies that take them into account with a field work conducted from 2017 to 2020 within three transitional institutions established by the Victims' Law and with the two collective political subjects entitled to reparation, this study aims to better understand the interethnic power dynamics at play in the formulation and implementation of reparation policies for ethnic communities recognized as victims. The comparative analysis of transitional public policies directed at historically ethnicized territories and communities provides insight into the mecanisms of integration and empowerment for ethnic authorities under new transitional institutions, which ensure an increasing presence of the State in its peripheries and the ethnic differential approach that brings into question the exercise of power
Desde la firma de los Acuerdos de Paz entre la guerrilla de las FARC-EP y el gobierno de Juan Manuel Santos en 2016, el Estado colombiano ha emprendido un nuevo intento de resolución del conflicto armado que toma en cuenta las especificidades de grupos étnicos históricamente puestos en minoría, bien sean actores o víctimas de la violencia cometida en el marco del conflicto. El "capítulo étnico" incorporado en los recientes Acuerdos de Paz responde a varias décadas de movilización social en las que se han unido movimientos de víctimas, movimientos indígenas y movimientos afrocolombianos para reivindicar el respeto de los derechos humanos y su descolonización epistémica desde los territorios marginados. También se inscribe en la continuación de las políticas de construcción de paz en medio del conflicto armado y de manejo de la diversidad étnica en un contexto poscolonial, adoptadas desde finales del siglo XX en Colombia. Anteriormente a los Acuerdos de Paz, los Decretos-Leyes 4633 y 4635 de 2011 establecieron un marco para los derechos de las víctimas a la justicia, la verdad, la reparación y la no repetición de la violencia, basado en un "enfoque diferencial étnico" dirigido a los pueblos y comunidades indígenas, negras, afrocolombianas, raizales y palenqueras. En la encrucijada entre dos modelos de gobernanza conceptualizados como justicia transicional y multiculturalismo, las políticas de reparación a víctimas del conflicto armado colombiano dirigidas a pueblos étnicamente diferenciados cuestionan las categorías sociales y jurídicas de pertenencia en varios niveles. ¿Cómo se traduce el reconocimiento de las comunidades étnicas como sujetos colectivos de derecho en la formulación y aplicación de reparaciones colectivas a comunidades y territorios periféricos históricamente construidos como étnicos? ¿De qué manera el contexto de transición a la paz a través de la reparación a las víctimas del conflicto nos lleva a repensar la relación de los pueblos indígenas y afrocolombianos con el Estado? ¿En qué medida el restablecimiento de sus derechos, vulnerados durante el conflicto armado, contribuye a una redefinición de la ciudadanía diferencial étnica y de víctimas? Para responder a estas preguntas, esta tesis adopta un enfoque socio-antropológico de trabajo de campo para comparar dos procesos de reparación llevados a cabo en el seno de dos comunidades étnicas reconocidas como víctimas colectivas del conflicto armado por la Ley de Víctimas y Restitución de Tierras de 2011: un grupo de desplazados constituido como resguardo nasa en los Andes caucanos y un consejo comunitario conformado por once comunidades negras en el Pacífico caucano. Combinando un trabajo de archivo que rastrea la movilización de las organizaciones étnicas en la construcción de políticas para el posconflicto que las tengan en cuenta, con una investigación de campo realizada entre 2017 y 2020 en el seno de tres instituciones transicionales creadas por la Ley de Víctimas y con los dos sujetos colectivos de derecho a la reparación, este estudio pretende comprender mejor las relaciones de poder interétnicas en juego en la formulación y aplicación de las políticas de reparación para las víctimas miembros de comunidades étnicas. El análisis comparado de las políticas públicas transicionales dirigidas a territorios y comunidades históricamente etnicizadas permite captar las lógicas de integración y autonomía de las autoridades étnicas por parte de las nuevas instituciones transicionales, garantes del despliegue del Estado en sus periferias y del enfoque diferencial étnico idóneo para cuestionar el ejercicio del poder
Stirn, Nora. "Repenser la justice transitionnelle en Afrique subsaharienne : concilier l'un et le multiple dans la reconstruction des sociétés post-guerre civile." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D031.
Full textThrough a comparative study of different African conflicts, this research aims at underlying the need for complementarity between the different judicial and extra-judicial mechanisms of the transitional justice process. Sierra Leone, Central African Republic, Rwanda, Uganda, Darfur, Mozambique, every post-conflict situation has its own experience of Transitional Justice. There is no pre-conceived solution to solve a conflict, where the frontier between victims and perpetrators is constantly shaken, and with mass atrocities committed by both sides. Be it International Justice, National Justice, Truth and Reconciliation Commissions, or Local and Traditional Justice, none of these mechanisms of Transitional Justice can be efficient if they aren't any linkage between them and if they are not adapted to each specific contexts. For post-conflict justice to be a catalyst toward Reconciliation and a Sustainable Peace, peacemakers have to look deep into the political, the historical, and structural reasons that led to the commission of international crimes. The purpose of this PhD project is to encourage the adoption of a renewed plural vision of Justice in Africa, which would meet more specifically the needs of the war-torn population for a long-term peaceful society
Wiesner, León Hector. "La justice transitionnelle en Colombie : une étude de ses particularités et sa mise en marche." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020089.
Full textThe transitional justice is the legal system that allowed Colombia as a State to overcome a long period of armed conflict and to find peace. This system, used by the Colombian government to develop political and legal mechanisms applied to peace processes, must be analyzed from different angles. The first section studies the theoretical foundations of the rights that compose transitional justice, such as the truth, the justice and the reparation, according to international instruments and both the Colombian and international constitutional rulings. In this section the mechanisms that make effective the rights are analyzed equally. The study of the second section is a look at the two stages of the Colombian transitional justice model implementation. These stages were applied by different governments of the country and with different circumstances. This analysis is, on the one hand the development of the so-called Justice and Peace Law of 2005, its characteristics and difficulties within the process with the paramilitaries. On the other hand, the second stage of the model was consecrated to enable the development of the peace agreement signed by the Colombian government and the FARC guerrilla in 2016
Andrieu, Kora. "Le libéralisme politique à l’épreuve des violences de masse : une théorie de la justice transitionnelle ?" Thesis, Paris 4, 2010. http://www.theses.fr/2010PA040131.
Full textWithin the contemporary debate on theories of justice, philosophers are increasingly debating the possibilities of applying these principles of justice to different situations from those envisioned by John Rawls, where “all other things are equal”. A new, unexplored, field of application is therefore emerging in the form of democratic transitions: what kind of justice should be applied in extreme situations to address “war of the gods” type of identity or "ethnic" conflicts, which were precisely those that liberalism was born to overcome? This “transitional justice”, as experts have already called it, includes retributive, restorative and economic aspects, and is often construed as forming a new general theory of justice. In this paper we would like to challenge this point of view and determine to what extent the “extreme case” of post-conflict societies forms a sort of empirical test for our intuitions with regard to political justice in general. Indeed, there appears to be a structural contradiction between the ends of transitional justice and the means used to achieve it. The very notion of transition implies a kind of teleology: we always transit “towards” something, and in the post-Cold War era in which transitional justice was born, the political horizon was always some form of liberal democracy. However, the means used by transitional justice often contradict this objective, with the use of tools and concepts that counter some of the fundamental principles of political liberalism. For instance, we might name the confusion between law and morality, the defense of positive freedom, a form of social holism, a “sentimentalization” of the public sphere, a therapeutic interpretation of rights, or a “thick”, substantial, conception of reconciliation - all of which seem to lead transitional justice more towards some form of political and moral perfectionism rather than to an entirely neutral and procedural form of liberalism. In this thesis therefore, we will attempt to understand to what extent the application of transitional justice to post-conflict societies (using a quasi-experimental methodology that will entail six different case studies: ex-Yugoslavia, Uganda, Rwanda, East Germany, South Africa and Timor Leste), could lead us to redefine and modify some of our strongest intuitions dealing with liberal political justice. The notion of capability, understood as a means of empowering victims of violence, will lead us to consider ways of reintroducing a certain ethical purpose to those “ends”, which political liberalism, in its traditional form, has abandoned. Faced with extreme forms of trauma and social pathologies, it seems that political and social organization needs a “thicker”, more substantial, conception of morality and of what constitutes mankind's humanity – one that Rawls’ strictly procedural liberalism cannot provide
Brites, Osorio de Oliveira Alice. "Repenser la justice transitionnelle à partir du cas colombien : le vivant comme victime des conflits armés." Electronic Thesis or Diss., Limoges, 2024. http://www.theses.fr/2024LIMO0004.
Full textThe peace agreement between the FARC-EP guerrillas and the Colombian government signed in 2016 opens up a possibility for the transition from an armed conflict that has lasted more than half a century to peace. In this case, this agreement establishes the creation of an Integral System for Peace composed by mechanisms that build truth, reparation and reconciliation and that promote the participation of victims in all processes. In 2019, the legal component of this Integral System, named Special Jurisdiction for Peace (Jurisdicción Especial para la Paz - JEP), granted war victim status to the territories of ethnic peoples. This decision is based on their cosmologies and on the perspectives of endogenous normative systems, where non-human living things have a place as a subject. Our research work proposes to analyze, based on the case study, the coordination between different scales of justice (global/local) and the importance of extending the victim status of armed conflicts to non-humans. This question evokes the need to go beyond "classic" forms of thinking about the of armed conflicts resolution, which often impose solutions based on the imposition of a peace concept, results in the establishment of development models and "modernization" of societies and a notion of reparation which consists in particular in material or monetary reparation for the victims. The transitional model proposed by the Special Jurisdiction for Peace touches on other languages and ways of making the world and consists of rethinking the notions of justice, reparation and reconciliation from a pluriversal perspective (from different ontologies), recognizing the importance of endogenous rights for deeper conflict resolution and reconciliation, including not only the repair of links between humans but also between human and non-human, living things as an inseparable and interdependent whole. Based on an anthropo-legal approach combining the examination of legislative and regulatory texts and a field research stay, this thesis made it possible to carry out a critical study of the current model of transitional justice in Colombia. Anthropological analyzes demonstrate the first steps towards a way of conceiving the law as a vector for rethinking the resolution of conflicts from the concept of socio-ecological coviability, towards a notion of peace and reconciliation which has as its basis the repair of the eco-social network
Gauvin, Jonathan. "Les impacts sociopolitiques du Tribunal Spécial pour le Liban sur la communauté politique libanaise." Thesis, Université d'Ottawa / University of Ottawa, 2015. http://hdl.handle.net/10393/31919.
Full textSawadogo, Aboubacar. "Les stratégies de sortie de crises politiques au Burkina Faso." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLV059/document.
Full textThe dynamics of the political crises in Burkina Faso have been marked by multisectoral mobilizations having led to a cyclical desectorization of the social space, with the consequence of a mobility of the stakes of confrontations and collusive opposition and government transactions.These mobilizations were made around relative issues including: the conquest of state power, the control of the state apparatus; to the improvement of the living conditions of the workers; land ownership; the inviolability of constitutional rules relating to the exercise of State power; alternation at the top of the state; the participation of certain actors in the political competition; taking measures to mitigate the high cost of living and the quest for truth and justice.In the end, the multisectoral mobilizations have been at the origin of political changes which, according to the conjuncture, were either peaceful or violent.The different political strategies have forced the protagonists, but also third parties to these crises, to find solutions by the use of various strategies.These strategies out of political crises were played around issues related to: the preservation of political power, the preservation of social peace, the economic and financial recovery of the state, the restoration of public order, the quest truth and justice, obtaining forgiveness and national reconciliation.They have given rise to a variety of initiatives, resulting in a variety of means, coercive and peaceful, used to emerge from crisis situations. In addition, the initiatives to end political crises have resulted in constitutional transitions and transitional justice. Although they constituted distinct processes, they nevertheless had common goals: the guarantee of rights and the reconstruction of the rule of law. These common goals can coincide so that the dynamics of transitional justice integrate the constitutional text thus consecrating its constitutionalisation. Finally, these transitional dynamics constituted windows of opportunity to carry out constitutional and public policy reforms
Fougère-Green, Scott. "Démocratie, mémoire et droit international : l'influence du droit international sur la justice transitionnelle de l'Amérique latine à l'Espagne." Electronic Thesis or Diss., Perpignan, 2021. http://www.theses.fr/2021PERP0054.
Full textThe thesis will focus on the influence of public international law on transitional justice in the Southern Cone of Latin America and in Spain. The function of transitional justice is to deal with the criminal past of a state within the framework of a democratic transition. It is based on three main rights: truth, justice, reparation. The aim is to show the role of international conventions in reactivating the judicial process relating to human rights violations perpetrated by military regimes in Argentina, Chile and Uruguay. Latin America was inspired by the Spanish democratic transition. This was based on forgetting the dictatorship in the name of national reconciliation. This pattern had been reproduced in the Latin American Southern Cone. Consequently, the action of justice had been blocked by the laws of amnesties approved during democratic transitions during the 1980s. During the 1990s, public international law produced conventions incriminating the acts committed by these dictatorships, in particular enforced disappearance. Consequently, in Latin America, the Constitutions have been revised to give a preponderant place to international standards for a better guarantee of fundamental rights in order to avoid a return to authoritarianism and arbitrariness. Thus, the treatment of the criminal past by the vector of international law encountered highlights its place within the Constitution.International law, via constitutional law, becomes the main vehicle for reactivating the judicial process. Moreover, the Spanish democratictransition based on the forgetting of the Franco's dictatorship is called into question through the experiences of transitional justice in Latin America, looks like Argentina
Picard, Kelly. "La responsabilité de l'État du fait du préjudice historique : réflexion sur la possible reconnaissance d'un dommage constitutionnel." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0531.
Full textCan historical facts, several decades after their occurrence, lead to the recognition of an injurious situation, giving rise to a specific form of legal accountability? This doctoral study is set up at the crossroads of constitutional and transitional justice. These latter can be defined as the set of mechanisms seeking to achieve justice after times of massive violence including responsibility, reparations and the recognition of truth. This doctoral study asserts that the failure of justice in the aftermath of extreme violence and mass crimes is likely to generate a specific “historical wrong”. It reveals the necessity to recognize a legal and judicial accountability resulting from an historical wrong. However, the exceptional nature of extreme violence acts generates “extra-ordinary” prejudices, creating a need for the implementation of specific mechanisms beyond the ordinary ones. This thesis will therefore explore the notion of “constitutional damage” as a potential basis to the accountability resulting from historical wrong. Thus, this dissertation exposes a larger issue on the helplessness of the law outside its traditional ordinary mechanisms and on the need to go beyond its limits. It also seeks means to answer and deal with a social reality from which the law would otherwise remain distanced
Lecombe, Delphine. ""Nous sommes tous en faveur des victimes" : usages sociaux et politiques de la justice transitionnelle en Colombie (2002-2010)." Paris, Institut d'études politiques, 2013. http://www.theses.fr/2013IEPP0026.
Full textIn Colombia, the demobilization of paramilitary groups triggers as of 2003 the diffusion of transitional justice in a context lacking any political transition. Drawing on an ethnographic study with NGO members combating for human rights and peace, with international agencies and organizations and with members of the Colombian government, this thesis shows that the normative project embedded in transitional justice did not unfold in Colombia in a linear fashion but rather by borrowing, from various social sites, competing categories later revisited. In creating a space for the victims, the diffusion of transitional justice has shaped anew the relations prevailing between these different sectors. In domesticating and institutionalizing the norms of transitional justice, the Colombian State has negotiated to its own benefit the relation to actors involved in international cooperation and, in the process, it has reinforced itself. The transformations of the human rights movement have further led to the emergence of expert of transitional justice. By playing the role of intermediaries between various sectors, actors and levels involved in the diffusion of “good practices” tied to the post-conflict process, they have reinforced their position in the Colombian space that defends the cause of the victims. The spread of transitional justice in Colombia has not been accompanied by a mere enforcement of meaning by international diffusers to local actors but rather by competing translations and appropriations contributing to (re)-inventing the norms tied to the post-conflict process
Kebaili, Selima. "Le genre de la justice transitionnelle : les effets d'un label international sur des femmes (victimes) en Tunisie (2011-2018)." Thesis, Paris, EHESS, 2021. http://www.theses.fr/2021EHES0012.
Full textTransitional justice, a set of instruments intended to bring peace to and democratizesocieties through the recognition of victims, was the subject of considerable mobilization by various political groups in post-revolutionary Tunisia. Tunisian associations joined forces to shed light on the forms of repression specific to women, using multiple – and sometimes antagonists – victim figures for that purpose. The inclusion of female victims in the process was also addressed by institutional measures, which lead to the implementation of a Truth Sub-commission specifically for women, and the implementation of a “gender approach” by international organizations, such as the United Nations. Whereas institutional actors and theorists have conceived of transitional justice as a technical and neutral process, this thesis questions the politicization and effects produced by the implementation of the program. Most research work on transitional justice has adopted institutional perspectives and analyzed the program a posteriori. This research shifts the analysis towards local actors’ reception of and socialization vis-a-vis the process of transitional justice.Using the sociology of social movements, the sociology of law, the anthropology ofdevelopment, and the sociologie of gender, this thesis draws on ethnographic observation and interviews with international and local actors in transitional justice and with women victims. This research examines three axes. First, it addresses how women come to file a victim's report with the Truth Commission. Secondly, it explores how the support offered to associations of women victims by international organizations influences both their collective identities and their militant paths.Lastly, this study questions the differential appropriations of victim categories and their impact on the construction of the political subjectivities of female victims involved in transitional justice
Djie, Bouin Wilfried. "Le droit à un procès équitable et la justice transitionnelle dans la reconstruction du système juridique et politique ivoirien." Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10052/document.
Full textThe issue of the research deals with fair trial and transitional justice in Côte d'Ivoire. The problem at stake here is to see how the state of Côte d'Ivoire fail to protect and respect an international fondamental right as Fair trial in context of post crisis.It will be convenient to highliht the role of transitional justice and its mechanisms in the process of reinforcing respect and promotion of the right to a fair trial in Ivory Coast
Yaliki, Arnaud. "Quelle justice pour une réconciliation nationale ? Cas de la République Centrafricaine et de la République de Côte d'Ivoire." Thesis, Paris Est, 2018. http://www.theses.fr/2018PESC0046/document.
Full textFor more than a decade, the Central African Republic (CAR) and the Republic of Côte d'Ivoire (RCI or the Ivory Coast) are going through serious military-political conflicts which have been accentuated for the Central African Republic in 2012 and for RCI in 2011. These crises, which in most cases are rooted in poor governance and lack of political will have a common denominator: significant material damage and loss of life. Serious crimes in the hierarchy of horror have been committed (war crimes, crimes against humanity and crimes of genocide). Given the seriousness of these crimes that profoundly transcend human consciousness, both countries have engaged in transitional justice processes, through judicial and non-judicial measures to deal with their painful past and reconcile divided populations and communities. How to integrate justice into a more global strategy of the transitional process for national reconciliation in favour of a new democratic future?It is true that the repression of these crimes by the Central African and Ivorian courts, the International Criminal Court (ICC), the Special Criminal Court (SPC) in CAR or under universal jurisdiction is a priority objective pursued by both countries. However, classical justice has proved incapable of judging all the authors, as their number is important and the facts they are accused of are serious. This is why the Central African and Ivorian authorities have considered complimentary mechanisms to criminal justice aimed at restoring living together among the divided populations, materialized by the creation of the Truth and Reconciliation Commission (CDVR). It is responsible for establishing a historical truth about the crimes committed in order to definitively turn the page. Apart from this classical institution of national reconciliation, other structures have been created, either to fill the gaps of previous initiatives or to find other new areas. Religion has also played an important role; either it promotes religious tolerance, acceptance of differences or peaceful resolution of conflicts, or it appears as a cause of conflict, through messages of hatred and division.But in this process of reconciling these two objectives, how can we begin the process of national reconciliation without endorsing practices of impunity? It is in this sense that the repression of serious crimes appears as a necessary mechanism of transitional justice.Finally, it is important to note that the crises in both countries are politically motivated, but also institutional. This is why institutional reforms have been initiated in several areas, including Security Sector Reform (SSR) with the disarmament, demobilization and reintegration of all combatants. Reforms have also been undertaken in the field of good governance and constitutional justice so that, henceforth, the actions of the rulers are subject to the law
Adopo, Annick Marie-Dominique. "Les États africains et la répression des crimes internationaux." Paris 1, 2012. http://www.theses.fr/2012PA010280.
Full textIssa, Fehima. "Les Commissions Vérité et Réconciliation comme mécanisme de justice transitionnelle : La question de la justice, de la vérité et de la réconciliation dans les sociétés en transition démocratique." Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111012.
Full textThe issue of justice in societies in transition is systematically raised after a conflict, a repressive period or an authoritarian period. Gross violations of international human rights law and grave breaches of international humanitarian law perpetrated under previous regimes cannot let the choice of inaction concerning the past to the new political institutions.Truth and reconciliation commissions constitute one of the mechanisms of transitional justice, which place the victim at the middle of its concerns especially because the criminalization of perpetrators is not the only goal of justice and, as noted by Hannah Arendt, “men are unable to forgive what they cannot punish and are unable to punish what turns out to be unforgivable”. Sometimes presented as an alternative mean to criminal justice, these commissions aim to establish the misdeeds committed by former regimes. The possible choice between truth commissions and international or internal criminal Justice is avoided in this study, which aims to highlight the important role of the complementarity of truth and reconciliation commissions with other transitional justice mechanisms, notably legal prosecutions against the perpetrators of crimes against international law and reparations for victims. In this regard, the aim of this study is not to analyze these commissions in an isolated manner, but to notice that international standards as well as situations in each country restrict the options available for dealing with the past. This research is based on a comparative approach presenting a case study on different countries for demonstrate the legitimacy of truth and reconciliation commissions and their functioning in period of transition
Naftali, Patricia. "La construction du "droit à la vérité" en droit international: une ressource ambivalente à la croisée de plusieurs mobilisations." Doctoral thesis, Universite Libre de Bruxelles, 2013. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209506.
Full textComment une notion aussi floue a-t-elle pu être consacrée si rapidement auprès de ces institutions, alors qu’elle n’est reprise dans aucun catalogue des droits fondamentaux ?Quelle est la portée de ce nouvel objet en droit international, et quels en sont les usages ?Mis à part son appellation, le « droit à la vérité » aurait-il réellement un contenu propre qui se distinguerait du catalogue des droits existants ?Sa reconnaissance offre-t-elle une illustration de la « rhétorique des droits » ou traduit-elle la cristallisation d’un nouveau droit justiciable?
Alors même que le « droit à la vérité » est aujourd’hui convoqué de manière croissante par la communauté internationale pour légitimer la mise en place de nouvelles politiques de pacification internationales, à l’instar des « commission de vérité et de réconciliation » préconisées dans des sociétés affectées par des crimes d’ampleur massive (rapports du Secrétariat général et du Haut-Commissariat aux droits de l’homme des Nations Unies, 2004, et de la Banque mondiale, 2011), cet objet d’étude demeure largement inexploré. Palliant cette lacune, ma thèse consiste en une reconstitution généalogique du « droit à la vérité » dans une perspective chronologique, des luttes sociales concrètes pour sa reconnaissance à ses développements juridiques contemporains, afin de déterminer les enjeux sociaux, politiques et juridiques de sa reconnaissance.
À travers une méthode interdisciplinaire qui articule l’approche critique du droit à la sociologie politique du droit, mes recherches apportent ainsi des connaissances originales sur deux plans :sur le plan juridique, d’une part, il s’agit de la première étude exhaustive des textes et décisions juridiques sur le « droit à la vérité » qui analyse de manière systématique sa nature, ses bénéficiaires, son contenu et ses contours en droit international; sur le plan de la sociologie du droit, d’autre part, elle offre une cartographie inédite des mobilisations sociales et professionnelles du « droit à la vérité » et propose une analyse des motivations qui les animent, susceptible d’enrichir les débats en sociologie du droit et de la justice sur la création et la diffusion empirique de nouvelles normes en droit international.
L’hypothèse de travail mise à l’épreuve tout au long de l’étude est la suivante :la reconnaissance d’un « droit à la vérité », notion à contenu variable par excellence, permettrait à une multitude d’entrepreneurs de normes de défendre, derrière la formalisation de ce droit, d’autres causes controversées en droit international. La thèse montre ainsi comment les mobilisations du « droit à la vérité » tentent d’orienter dans des sens particuliers certains débats qui demeurent ouverts en droit international et qui sont liés à des enjeux de justice contemporains :les victimes d’atrocités ont-elles un droit à la punition des responsables ?Les amnisties sont-elles licites en droit international, et le cas échéant, à quelles conditions ?Peut-on restreindre le privilège du secret d’État et contraindre les autorités à communiquer des informations aux victimes lorsqu’elles sont soupçonnées de couvrir des crimes internationaux ?Quelle est l’étendue et la nature de l’obligation des États d’enquêter et de poursuivre les auteurs de crimes de masse ?En cas de circonstances exceptionnelles, comme la menace d’un coup d’État ou l’insuffisance de ressources financières, les gouvernements ont-ils une marge de discrétion sur ces questions ?Emblème des dilemmes de la justice transitionnelle, le « droit à la vérité » est ainsi revendiqué dans des directions opposées.
En particulier, la thèse révèle la diversité irréductible des mobilisations du « droit à la vérité » en explorant la polysémie de ses usages, les jeux de compétition entre ses promoteurs et les tensions qui jalonnent sa formalisation en droit international. Cette analyse empirique permet de comprendre pourquoi ce droit fonde aujourd’hui des politiques contradictoires, à savoir tant des politiques de répression des violations graves des droits de l’homme, axées sur la condamnation pénale des responsables, que des politiques mémorielles axées sur la « réconciliation » des sociétés à travers des amnisties au bénéfice des auteurs de crimes, ainsi que des mesures de réparation matérielles et symboliques au bénéfice des victimes. Droit à une vérité judiciaire des victimes, et droit à une vérité « historique » et collective des peuples sur les causes de conflits passés coexistent ainsi au sein du même droit pour justifier un déploiement de la justice pénale international(isé)e ou à l’inverse, pour la paralyser au nom d’impératifs de démocratisation et de concorde civile.
Ma thèse démontre ainsi l’ambivalence du « droit à la vérité », qui agit tantôt comme ressource, et tantôt comme contrainte pour ses promoteurs :au final, il n’offre qu’une ressource limitée à ses promoteurs en raison de la compétition qui continue à se jouer au sujet de sa définition, sa nature et ses titulaires.
Doctorat en Sciences juridiques
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Maya, Antton. "La justice transtionnelle au-delà de la transition : le cas de la communauté autonome basque." Thesis, Pau, 2020. http://www.theses.fr/2020PAUU2087.
Full textTransitional Justice aims at dealing with gross violations of human rights perpetrated during dictatorships or armed conflicts. It’s significant development since the beginning of the new millennial, lead to its quasi-systematic use during transitions toward peace and/or democracy, even outgrowing the temporal boundaries of transitions. Indeed, transitional justice has been used in cases where the transition had already happened, creating a need to adapt its tool to post-transition contexts. The case of the Basque Autonomous Community appears as a paradigmatic case of such development of transitional justice beyond transition. The diversity and complexity of politically motivated violence perpetrated on this territory (civil war, dictatorial repression, ETA’s terrorism and violence in the frame of anti-terrorism politics) and the continuum of violence despite and after the political transition toward democracy, create a specific challenge regarding the temporal delimitation of the transition itself. Nevertheless, this delayed transition toward peace does not preclude the use of transitional justice tools. Even though it exceeds the traditional definition of the concept and frames in time the legal and political context, transitional justice takes place decades after the transition and simultaneously aims to participate to the transition toward peace, without being explicitly recognized as such. This research studies this expenditure of transitional justice beyond transition to highlight the important discursive dimension of transitional justice as a concept which implies to identify it as a concrete legal mechanism. The present study participates in a necessary redefinition of transitional justice, whose scope of action appears nowadays almost infinite
Charles-Alfred, Christophe-Claude. "La justice transitionnelle face à la responsabilité de l'enfant associé aux forces et groupes armés âgé de plus de quinze ans auteur d'infractions graves." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1066.
Full textThe legal justice mechanism of the Child Associated with Armed Forces and Groups of more than fifteen years old of serious offenders is inconsistent. In fact, this kid's allowed to obtain the combatant status even if he never assumes automatically his responsibilities when he commits serious offences. It's because the international community is divided and considers him as a victim or a criminal. This uncertainty creates the effect of legal insecurity since he doesn't know how he'll be treated by Justice. This situation benefits to his recruiter who encourages him to commit the most serous crimes. The child feels almighty. But at the end of the conflict, he may probably rejected by this community who considers him as an executioner. So, his reintegration is compromise. To rectify this situation, harmonizing the age of the fighter should be a solution to clarity his accountability status. For the moment, fifteen years old appears as minimum standard. If the child isn't so youth to take arms, he can bear his accountability. But how? Whith Transitional Justice in general and more specifically the creation of a Special Court for Serious Violations which judge those who have the highest level of responsibility in the commission of the crime. For the others, we propose Restorative Justice that meet their needs, those of their victims and their entire community
Ursachi, Raluca. "La justice de transition en Roumanie postcommuniste : Usages politiques du passé." Paris 1, 2012. http://www.theses.fr/2012PA010320.
Full textHebert-Dolbec, Marie-Laurence. "La place réservée aux victimes au sein de la justice internationale pénale." Doctoral thesis, Universite Libre de Bruxelles, 2021. https://dipot.ulb.ac.be/dspace/bitstream/2013/320982/5/CDMLHD.pdf.
Full textDoctorat en Sciences juridiques
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Matignon, Emilie. "La justice en transition. Le cas du Burundi." Thesis, Pau, 2012. http://www.theses.fr/2012PAUU2015.
Full textAs an answer to cycles of mass violence in Burundi, a transitional justice process has been opened. The Burundian case study presents some particularities among this kind of process. Whereas the Arusha peace and reconciliation agreement for Burundi in 2000 decided setting up two transitional justice instruments, a special court and a Truth Reconciliation Commission, the transitional justice process has not begun yet. Only National Consultations were organized in 2009. The negotiations and the mediation occurred during the ongoing war. There were no winners and no losers but just armed men who decided to discuss in order to conquer the power and then to keep it. That may explain why negotiations were so longer and staggered. A sort of consociativisme system was set up in Burundi as the model organization of power-sharing. Inside the politic game of power-sharing the peace-justice dilemma appears through instrumentalization of retributive justice which is assimilated to justice and the truth and pardon which claim referring to peace. Another particularity is found regarding numerous judicial and legal reforms relatively to children rights, lands conflict, electoral law or Criminal Code. On the eve of the implementation of the Truth Reconciliation Commission, the global nature of the transitional justice process is obvious. The Burundian context appears as an illustration of the extensive meaning of transitional justice which represents a justice in transition. The global nature of the matter is emerging through its temporal and disciplinary versatility. On one hand, transitional justice seems to be past justice, currently justice and future justice at the same time and on the other hand it may take several forms out of the official one, initially predicted. In a legalist and normative view, global nature of justice in transition might cause deadlock regarding the case of Burundi. In a systemic and multidisciplinary perspective, global nature of justice in transition reveals change capacities according to the case of Burundi. What really matter in such transitional justice process is relieving victims and perpetrators’sufferings which are undeniably linked and bringing answers to each protagonist of the crime as to the society with the permanent and ambitious aim of reconciliation
Kane, Ameth Fadel. "La protection des droits de l'enfant pendant les conflits armés en droit international." Thesis, Université de Lorraine, 2014. http://www.theses.fr/2014LORR0122/document.
Full textThe protection of children rights victim of the armed conflicts is a recent and current problem which leans on the evolution of human rights and on the transformation of the nature of the conflicts. It raises the question of the existence of a substantial international normative frame, capable of assuring protection and assistance to the child in the grip of hostilities. On this point, it seems that the international law plans a set of legal mechanisms applicable to the child, whether he is direct or indirect victim of the conflicts, or that he participates directly in the hostilities. However, the examination of these instruments shows that they are often characterized by the generality of their measures which are not still adapted to the consideration of the specificity of the child. Furthermore, they sometimes raise questions of applicability. So, if we cannot deny them any effectiveness, this one remains partial in many cases. The adoption of legal mechanisms specifically applicable to the child, as the Convention on the Rights of the Child of 1989 and its optional protocols, had moreover for object to remedy this maladjustment and to establish the exhaustiveness of the legal framework. The obstinacy of the violations makes, however, normative inadequacies become aware and impose a redefining of the objective of protection. In this context, the growing implication of the Security Council, but also the criminalization of the violations committed during the armed conflicts, define a new approach of the responsibility of the international community on the subject. This intervention allowed, indeed, to remind to States their obligations and to adopt penalties against individuals offenders. Also, the condemnations pronounced by the International Criminal Court and the Special Court for the Sierra Leone for war crimes consisting in the recruitment and in the use of children soldiers mark the end of a denial of justice. However, the action of these jurisdictions is sometimes hindered by the complexity of rules governing the international justice or the lack of cooperation of States. Thus, an international frame object of all the contradictions emerges from it, where from the relativity of the system of protection. This puts the necessity of insisting on the first responsibility which falls to States in this domain
Makaya, kiela Serge. "Le droit à réparation des victimes des crimes internationaux, condition de justice efficiente : l'exemple de la RDC." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1006.
Full textFaced with the irreparable prejudices arising from international crimes, except for the cases being prosecuted at the ICC and the processes of various Commissions and reparations funds of the UN, international law has been pontius-pilating when it comes implementing under domestic laws the rights of victims to reparations. This hypocrisy is particularly highlighted by the use of humanitarian aid. Domestic laws have systematically resorted to traditional practices to implement this right. This inclination towards traditional approaches is indeed at variance with the material elements of the law on reparations in as much as the context of the crimes, the scope of the damage, the vast number of victims and fluctuations in the types of perpetrators have simply made the traditional systems obsolete. Whence the quest for an efficiency paradigm hinged on «attempts» within transitional justice and reparations justice. Analyses of these attempts by experts reveal that a lot still has to be done. In the case of the DRC, and mindful of the shortcomings of the traditional legal system in mitigating the suffering of victims of international crimes, this study proposes a holistic approach to the development of a criminal reparations policy. This holistic approach requires a global response to the damage suffered by victims of international crimes. The reparations response to these multidimensional prejudices must reflect a global understanding of the law based on interdisciplinary and «social technology» considerations
Denicourt-Fauvel, Camille. "Au-delà du chaos : l’héritage de l’impunité institutionnalisée pour expliquer l’extrême violence au Guatemala post-conflit." Thesis, Université d'Ottawa / University of Ottawa, 2020. http://hdl.handle.net/10393/40565.
Full textVianney-Liaud, Mélanie. "La juridiction internationalisée des chambres extraordinaires au sein des tribunaux cambodgiens." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0477.
Full textEstablished in 2003, and launched in 2006 to try these crimes, the Extraordinary chambers in the courts of Cambodia (ECCC) are commonly placed in the category of the so-called "internationalized" criminal courts, composed of tribunals whose mixed nature results from a hybridization between national and international elements. To date, the ECCC has sentenced three individuals. One case is under deliberation, another has been dismissed and the investigations of three cases - the future of which is very uncertain - are nearing completion. While the activity of the ECCC seems to be coming to an end, the purpose of this thesis is to make an assessment. After twelve years of operation, has the court achieved its objectives, as set by its creators, namely to bring to justice the perpetrators of the serious abuses committed during the Khmer rouge period, both in the respect of the sovereignty of Cambodia and within procedures that comply with international standards of justice? The findings from the ECCC’s assessment are intrinsically linked to its internationalized character. The hybridity, however, is not the only factor that has affected the observable result of the activity of the court: other elements have weighed, just as determining (like the cultural influence of Cambodia, the structural weaknesses of the national judicial system, the modalities of the court financing, etc.), which are also analyzed in this study to distinguish between what should be kept from the experience of the ECCC and the pitfalls to avoid
Kousouris, Dimitris. "Une épuration ordinaire : les procès des collaborateurs en Grèce (1944-1949) comme composante de la reconstruction judiciaire en Europe." Paris, EHESS, 2009. http://www.theses.fr/2009EHES0141.
Full textThis dissertation studies the judiciary purge of the Axis' collaborators in Greece after the country's libération in l9M. That purge took place into the context of a civil war that had started during the foreign occupation and finished in 1949, when the Special Collaborators' Courts finished working. The different stages ofjuridicisation of the question describe how the two camps of the internal conflict aligned themselves on the lines that separated the camps of the civil war. Hence, we study the purge as a component of a civil war that was at the same time internal and international. The various qualitative and quantitative aspects of the administrative purges, reveal that the the purge was an effective instrument in the hands of the successor élites. In the beginning, the the trials inaugurated the myth of a global and unanimous national resistance that permitted to the new régime to incorporate into the state apparatus a part of excollaborators, mainly inthe armed forces. The symbolic appropriation of the antifascist victory permitted to the judiciary to restore its authority as well as to prepare, by 1946, the institution of an anticommunist state of emergency. Finally, by identiffing the internal and the external ennemy, mainly close to the northern frontier of the counfry, the judiciary'purge carried out the transformation of the greek frontier into frontier of the Cold War
Silva, Rodrigo Deodato de Souza. "Os efeitos dos mecanismos de justiça de transição: análise comparativa de Uganda e Guatemala." Universidade Católica de Pernambuco, 2014. http://www.unicap.br/tede//tde_busca/arquivo.php?codArquivo=1030.
Full textUlla, Malgorzata. "La lustration dans les Etats postcommunistes européens." Thesis, Clermont-Ferrand 1, 2013. http://www.theses.fr/2013CLF10418/document.
Full textThe fall of communism in 1989 was a huge challenge for European states who experienced its effects. The new democracies had to face the immense legacy of the past, and had to find a solution on the issue of individuals related to the former regime. In particular, they had to work with those who have worked or collaborated with the communist secret services. Lustration is an original response the Post-Communist States to this phenomenon. It is considered as a measure of transitional justice. Lustration is strictly regulated by laws. They set up procedures to verify the past behavior of persons wishing to pursue employment in the public service of the new democratic State. Therefore, these laws establish a kind of purification of public administration.The lustration procedures are binding because they may violate many rights and fundamental freedoms of the individuals they are targeting. Hence, the importance of the supervision of this phenomenon at different levels: at the national level by the constitutional courts and at the European level by the Council of Europe and the European Court of Human Rights, who has established the standards of lustration to be respected by each State wishing to implement it
Schettini, Andrea. "Comissões de verdade e o processo de “acerto de contas” com o passado violento : um olhar genealógico, jurídico-institucional e crítico." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100056.
Full textThe present study aims to understand the legal and political contours of truth commissions, in order to examine the promises, the potentialities and the limits of this mechanism of transitional justice. The broadest goal of this work is to situate truth commissions within contemporary relationships stablished between truth, law and memory. It seeks to critically reflect about the ways in which these new mechanisms of justice affect our way of naming and understanding forms of violence (especially state-sponsored violence). The central hypothesis holds that the regime of truth-making within truth commissions — in its complex, contradictory and ambiguous relationship with law, history, and memory — maintains an inseparable link with the process of official writing of violence (its outlines, gaps and silences). Indeed, far from constituting a neutral or finished solution for the legacies of grave human rights violations, truth commissions are, above all, a space of conflict between different memories and a space of dispute of the meanings granted to the past of violence. The experience of the Brazilian National Truth Commission is finally addressed as a reference for the study of truth commissions (and more broadly for the study of transitional justice), capable of bringing relevant contributions to the analysis of these mechanisms of justice
O presente estudo busca analisar os contornos jurídicos e políticos das comissões de verdade, a fim de apontar as promessas, as potencialidades e os limites desse mecanismo da justiça de transição. O objetivo mais amplo deste trabalho consiste em situar as comissões de verdade no interior das relações, contemporaneamente reconfiguradas, entre a verdade, o direito e a memória. Trata-se de refletir criticamente sobre a maneira em que, no interior de tais mecanismos, a violência (sobretudo no que diz respeito à violência política e à violência de Estado) é compreendida, investigada e nomeada. A hipótese central desta pesquisa sustenta que o regime de construção de verdades no interior das comissões de verdade — em sua relação complexa, contraditória e ambígua com os direitos humanos, a história e a memória — mantém um vínculo indissociável com o processo de escrita oficial (seus contornos, lacunas e silêncios) da violência. Longe de constituírem uma solução neutra ou acabada para os problemas decorrentes dos legados de graves violações de direitos humanos, comissões de verdade são, acima de tudo, um espaço de conflito entre diferentes memórias e de disputas pelos significados e sentidos do passado violento. A experiência da Comissão Nacional da Verdade do Brasil é abordada, ao final, como caso referência para o estudo das comissões de verdade (e mais amplamente para o estudo da justiça de transição), capaz de trazer relevantes aportes à análise destes mecanismos de justiça
Umutesi, Viviane. "Les juridictions GACACA au Rwanda et les garanties du procès équitable." Thesis, Université Laval, 2012. http://www.theses.ulaval.ca/2012/28943/28943.pdf.
Full textRestrepo, Orrego Lucas Andrès. "Victime de la force ; force de la victime : le problème politique de la victime à la lumière du conflit colombien." Thesis, Université de Paris (2019-....), 2020. http://www.theses.fr/2020UNIP7035.
Full textThey say our time is the age of the victim. The importance of his/her role in establishing the criminal facts, his/her testimony against mass crimes, his/her intolerable suffering, seem to underpin the path of rebuilding a new humanity united around the rejection of unjust pain. The figure of the victim, which originated in the judicial sphere during the development of insurance law, is nowadays more than just the subject of reparation for harm. This overflowing of the judicial scene seems to be the effect of an "anthropological reversal" consisting in the rejection of the pain of the sacrifice of "one" in the name of "all" and the assumption of suffering as a pre-eminent political object. Crimes against humanity, as well as domestic aggression, war crimes and street violence are rejected. Through the recognition of the victim, we have become more empathetic towards others through their suffering. This is the anchor for a new humanity based on the rejection of the unjust. The victim appears as a figure that goes beyond the purely legal framework when he or she comes to occupy a specific place in the spaces of politics, as the bearer of a message from the past for the present and for the future. In this sense, it engages a form of governing: it introduces the problem of "fragility" and suffering as ways of reconstructing a humanity already too torn apart by its differences. In this sense, it does not represent any overthrow: it is the development of a mode of power that has its privileged objects in life. Our work tries to show, first of all, that the victim, more than an individual recognized as such, is a way of taking charge of life, as a political object, from its productive aspect (making a life a liveable one) but also from its unproductive aspect: to stop, fix, block the possibility that in the results of violence new forces can be deployed. We wanted to return to the point where the powers of state, war and the economic totalisation of life take up the question of victims to make them a factor of accumulation. Basically, it is a question of highlighting the point where the "recognition of victims", by conjuring up the subjective effects of violence, borders on the processes of ascent towards the destruction of politics itself. Our contribution seeks to highlight the fact that fragility is not on the side of the victims, but on the side of voluntarist theoretical positions towards them, as well as on the side of the false path of consensualism. Our privileged example is the Colombian conflict. The specificity of this "place" of problematization allows us to link the most expressive aspects, present in this political novelty that is the victim. Neoliberalism", "violence", but also "justice" and "transition", are the topics of this examination, which finds in the new security and humanitarian mechanisms the strategic framework for the political
Omoali, Quionie. "Vers un modèle évolué de prise en charge des victimes des violences sexuelles basées sur le genre commises en période de conflits armés. Cas de la République Démocratique du Congo." Electronic Thesis or Diss., Pau, 2024. http://www.theses.fr/2024PAUU2156.
Full textFor approximately 27 years, the Democratic Republic of the Congo has been plagued by armed conflicts, currently persisting in the eastern part of the country. Thousands have lost their lives, and women and girls have endured various and exceptional harms from sexual violence, compounded by stigma and social ostracization. Despite progressive national and international legal frameworks, impunity persists, denying victims access to the right to redress. The dysfunctional national judicial system, guided by conventional criminal and reparative principles, reveals the weakness of the domestic response to the implicated international crimes. In the context of transitional justice revival, traditional national approaches to criminal justice and reparations prove inadequate in the dual national and international setting. A unique comprehensive approach addressing international crimes, focusing on the autonomy of sexual violence as a weapon of war in the DRC, gives rise to a transitional justice mechanism encompassing both judicial and extrajudicial aspects. In a geopolitical landscape marked by UN disengagement and the erosion of international responsibility, the prospect of a judicial mechanism constructed with a crescendo approach to the internationalization or denationalization of concurrent jurisdiction between national courts (Judicial Special Chambers) and the Special Criminal Court for the DRC, an international tribunal, constitutes the innovation of this thesis
Bertrand, Virginie. "Crimes de guerre au XXe siècle et juridictions pénales internationales." Thesis, Montpellier 3, 2012. http://www.theses.fr/2012MON30066.
Full textWar crimes are serious violations of international criminal law. However, each new conflict, international or non-international, gives rise to the commission of war crimes. Why ? Does-it have factors that predispose to violent behaviours ? The 20th century is the century of international criminal law which is first characterized by the establishment of international military tribunals after the discovery of the atrocities of World War II, then international tribunals « ad hoc », eventually it ends by the introduction of an international criminal court. International Criminal Tribunals established for former Yugoslavia and Rwanda have permitted the application of International Conventions, defining armed conflict’s rules, to non-international armed conflicts. What was the impact of these tribunals’ case laws on war crime concept ? Eventually, even if the establishment of International Criminal Court gave hope to combat impunity, its status highlights the delicate balance between states’ sovereignty and the willingness of universal justice. Transitional justice was introduced to complete or to replace institutional justice in some cases. One of transitional justice’s objectives is to make a transition a transition between wartime and peacetime as smooth as possible even if many challenges remain. In fact, the fast restoration of lasting peace would it not be better ? The transitional justice leads us to wonder if we have to judge or forgive war crimes ?
Kassi, Brou Olivier Saint-Omer. "Francophonie et justice : contribution de l'organisation internationale de la francophonie à la construction de l'état de droit." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0327/document.
Full textJustice is a fundamental attribute of modern States. In a democratic society, itguarantees the safeguard of the standard-setting framework as well as the protection ofrights. An independent and effective justice is a symbol of the rule of law. It illustrates theseparation of powers and establishes the primacy of law. But the efficiency of any judicialsystem depends on the nature and the extent of the resources at its disposal. Yet, inmany Francophone countries, the judicial system faces many weaknesses, sometimesrelated to the avatars of democratic stabilisation processes, sometimes to more fragilepost-crisis situations. So the question of the capacity development of the judicialinstitutions arises. For thirty years, the International Organization of La Francophonie(OIF) has entered the legal and judicial cooperation field on this basis. By including thepromotion of democracy at the heart of its political action, the OIF has indeed made strongcommitments and developed programs aimed at accompanying its member States in thecapacity development of their justice systems, thanks to its institutional networks. Thiscommitment can be seen in several statements of the Organization. It demonstrates thewill of the Francophone States to anchor their relationships in a cooperation framework,dedicated to the protection of fundamental rights and the regulation of majorities’ powers.Today, justice is consequently established as a priority in Francophone concerns. It isentered in both national and international level and in its transitional dimension
Riotor, Clotilde. "Une réconciliation contestée : l'affaire de la répression de Tanjung Priok : violence, justice et fabrique de l'après-violence en Indonésie (1984-2005)." Thesis, Paris, EHESS, 2017. http://www.theses.fr/2017EHES0123.
Full textWhy are some state or mass crimes judged in courts after a civil war or the fall of an authoritarian regime, while other episodes of violence see their judicial treatment suspended ? Why do they sometimes go through so-called “reconciliation” procedures or institutions? Are these forms of circumvention of justice ? This thesis is an attempt to answer these questions in the light of a case of violence in 1984 in Indonesia. In full contrast with a national climate often referred to as impunity of suspected perpetrators of serious past violations since the transition, the “tragedy of Tanjung Priok” has not remained without judicial consequences after the fall of Suharto in 1998. In 2003, about fifteen soldiers who were deployed on the scene during the bloody events were charged and tried for “crimes against humanity” before a national ad hoc human rights court. However, a charter of “reconciliation”, called ishlah charter, referring to Islamic law, signed before the trial between suspected perpetrators and some of the victims sparked off a controversy and the embarrassment of institutional actors. To understand the stakes of this “reconciliation”, this work makes an extensive review of the evolutions of transitional justice mechanisms on an international scale dialogue with a portrait of Indonesia in transition and a historical reconstitution of the key scenes and the controversies that have arisen over the course of this whole affair, which extends over more than twenty years. Thus, this thesis departs from disembodied descriptions of post-violence in order to insist on local dynamics at work on a long temporality, this being based on manifold sources (interviews, tracts, trials, press), from underground contests of State violence during Suharto's era up to the 2000s. Yet, it should also be distinguished from analysis in terms of determinism of structures and, conversely, puts the stress on the concatenation effects generated by the globalization of practices of transitional justice
Colombani, Anouk. "L'après-violence : (ré)conciliations (im)possibles ?" Thesis, Paris 8, 2017. http://www.theses.fr/2017PA080019/document.
Full textMore than fifty thousand processes of national reconciliation have been organised since the end of the eighties. Yet the outcome is still uncertain: is reconciliation possible? The instances of extreme violence which emerged in the twentieth century seem to have created an insoluble paradox. On the one hand, we must accept reconciliation to avoid new massacres. (Doesn't violence generate more violence?) On the other, it seems more incongruous than ever to call for reconciliation. Who has the right to order a victim of genocide to agree to r conciliation? The underlying assumption in this work is that reconciliation never really works because liberal theory cannot conceive of violence, and, more generally, social sciences are unable to deal with violence. As a result, we have to understand the scientific storytelling produced by liberal philosophy and transitional justice. We can then oppose the storytelling to a "philosophy of the concrete" and a philosophy of detail, which draw on anthropology and history in order to grasp what we almost incidentally call violence
Lassée, Isabelle. "Les missions d'établissement des faits des Nations Unies sur les violations graves et massives du droit international des droits de l'homme et du droit international humanitaire : entre uniformité et diversité." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020014/document.
Full textTo respond appropriately to violations of human rights and humanitarian law, the United Nations requires an in-depth knowledge of the facts alleged and a better understanding of the relevant situation on the ground. To this end, United Nations organs including the General Assembly, the Security Council, the Secretary General, the Human Rights Council and even the Office of the High Commissioner for Human Rights may create fact-finding missions. These missions are collegial ad hoc bodies created in response to human rights and humanitarian law violations that are particularly grave. Their functions generally include establishing the facts, conducting a legal appraisal of facts, and making recommendations for the cessation of violations and for their remedy. In the past twenty years, United Nations organs have increasingly resorted to these missions – often referred to as commissions of inquiry – in particular when violations of international human rights and international humanitarian law may amount to international crimes. In this respect, transitional justice theory and the doctrine of the responsibility to protect provide new perspectives for fact-finding. The objectives and functions of these missions have therefore diversified. However, some states and scholars criticize the ad hoc creation of the missions, their often politicized mandate, and their methods of work. We will elaborate on this tension between uniformity and diversity and propose some solutions. These proposals will aim at addressing the issues raised by scholars as well as maximizing the missions’ impact on stakeholders’ response to the situation
Kamugisha, Yvonne. "L’influence américaine et la fonction du religieux dans les mécanismes de réconciliation et de prévention contre le génocide : quel modèle de réconciliation pour le cas du Burundi ?" Thesis, Bordeaux 3, 2019. http://www.theses.fr/2019BOR30021.
Full textAs Burundi begins a key phase in national reconciliation, the vast work of collective memory initiated by the Arusha Peace Accords in August 2000 offers an opportunity to the US to penetrate and strategically position them in the Great Lakes’ Region Peacebuilding. A mistake would be to see such U.S. involvement in the East Africa Community as a recent phenomenon. Since the postcolonial era until the current phase of reconciliation mechanisms and genocide prevention, the American visibility in African politics goes back in time as its missionary activities prove it. Many studies explored the question on geopolitical relations between former colonial countries and colonial powers in sub-Sahara Africa. Yet, few pointed out the relevance or the deep religious relationships and their influence in sociopolitical events in East African countries such as Burundi or Rwanda. To explain the U.S. Foreign Policy linking it to its religious investment in the Great Lake prevents a misleading simplification of U.S. interests. Our study of the role of American missions and their complex relations with Christian missions of former colonial powers offers us a new look at the U.S. political dynamics in the Great Lakes’ Region in East Africa. The challenge of the Truth and Reconciliation Commission provides a unique political and religious space for a study of these different religious actors. The use of the transitional justice in Burundi underlines not only the confrontation of processes of justice and forgiveness in post-conflict periods, but it underlines the difficult negotiation of collective memories along with geopolitical interests
Fedele, Greta. "I processi ai résistants : giustizia e memoria nella Francia del secondo dopoguerra." Thesis, Université de Paris (2019-....), 2020. http://www.theses.fr/2020UNIP7062.
Full textThe thesis proposes to question the legal proceedings run by the French judiciary in the aftermath of World war two - from 1945 to the mid-1950s - against former Resistance fighters for crimes committed between 1944 and 1 June 1946, the legal date of the cessation of hostilities. The thesis is structured in four main thematic chapters. Going beyond the caesura represented by the end of the Second World War, the thesis examines a little-known aspect of what happened after the end of the war of liberation, involving some of its protagonists. From the beginning, the Resistance represented a complex “memory issue"; this study shows how the trials of resistance fighters fit into the broader framework of the difficult construction of the memory of the war years. Indeed, the trials of resistance fighters have constituted a terrain of political confrontation and have been instrumentalized. Moreover, the thesis fits into the historiographical debate around the category of transitional justice, completing a picture that was limited to the study of purges. It is a new look at the period of transition that allows us to observe, in a complete and complex way, the passage through different forms of justice with continuities and ruptures. In this sense, the study of the trials brings to light a series of dynamics linked not only to the actors directly involved, but also to society in general
La tesi si propone di analizzare i procedimenti giudiziari avviati dalla magistratura francese nel dopoguerra - dal 1945 alla metà degli anni Cinquanta – a carico di ex partigiani per crimini commessi tra il 1944 e il 1° giugno 1946, data legale della cessazione delle ostilità. La tesi è strutturata in quattro capitoli tematici principali. Andando oltre la cesura rappresentata dalla fine della Seconda Guerra Mondiale, la tesi esamina un aspetto poco conosciuto di quanto accaduto dopo la fine della guerra di liberazione, coinvolgendo alcuni dei suoi protagonisti. Fin dall'inizio, la Resistenza ha rappresentato una complessa "questione memoriale"; questo studio mostra come i processi ai partigiani si inseriscano nel quadro più ampio della difficile costruzione della memoria degli anni della guerra. In effetti, i processi ai partigiani hanno costituito un terreno di confronto politico e sono stati strumentalizzati. Inoltre, la tesi si inserisce nel dibattito storiografico intorno alla categoria della giustizia di transizione, completando un quadro che si limitava allo studio dell’epurazione. È un nuovo sguardo sul periodo di transizione che ci permette di osservare, in modo completo e complesso, il passaggio attraverso diverse forme di giustizia con continuità e rotture. In questo senso, lo studio dei processi porta alla luce una serie di dinamiche legate non solo agli attori direttamente coinvolti, ma anche alla società in generale
Mara, Bana. "Les crises constitutionnelles en Guinée : déroulement, résolution et approches prospectives." Thesis, Avignon, 2017. http://www.theses.fr/2017AVIG2056.
Full textBorn from the ashes of French colonial rule, Guinea has known a tumultuous history both in the formation of the current government at the level of its constitutional history. In the aftermath of independence (at the cost of a long political struggle) in 1958, the country experiences different constitutional cycles: the presidential regime, the presidential systemand the democratic regime. From 1958 to 2009, these first regimes were essentially characterized by constitutional crises with serious implications for all sectors of the national life. But these different crises took place differently and have not all been resolved in the same way.Most of these constitutional crises resulted from the violation of constitutional texts often confusing and incomplete but also suspension of the Constitution. In this respect, and by comparison with other African countries where they have proven themselves, modes of political and judicial resolutions have always been used to resolve the crises in Guinea. These modes have been and are still seen as the most appropriate in the Guinean context. But beyond these modes of resolution, also widespread in Africa as a whole, it seems necessary now to experiment with other approaches that are essential for sustainable peace and national cohesion. These new tracks, we can retain transitional justice and consociational democracy which deal on the first hand, with repairing the painful past; on the other hand, with the distribution of power and wealth between the different regions or communities. These alternatives modes could bring adequate solutions to the real roots of the constitutional issues and in this regard, deserve to be approached through the prism of Guinean context
Abou, assi Sabbagh Nathalie. "La réparation en droit pénal - Etude comparative." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3047.
Full textThe concept of reparation is becoming more common in criminal law. In fact, reparation is evolving, independently of the civil aspect of the notion, at the heart of alternative measures, commonly known as a “third way”, and in the essence of some sentences. This brings us to questioning the place of the notion of reparation in criminal law: is reparation an alternative to criminal justice or a component of criminal justice? The comparative study of French law, English law and Lebanese law will shed the light on some interesting aspects of the question. It will open the possibility to analyze the different approaches in terms of reparation and to enrich the study of the reparation’s position in criminal law. In a first part, the study of the reparation’s expressions in criminal law will reveal the concept of reparation as a new response to offences. In a second part, the idea of considering reparation as a component of criminal justice will reveal the notion’s special characteristics that make reparation an autonomous concept that needs to be defined. Nowadays, reparation in criminal law redefines the outlines of criminal justice
Broni, Fulgence Axel. "L'approche conceptuelle du déplacement forcé de population en Afrique subsaharienne à la lumière du droit international." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3002.
Full textThe international law seems to deal with the issue of forced displacement in Africa through two conceptual approaches. The first which stems from the Cold War is deemed reactive since the issue of forced displacement is limited to exile and international protection of refugees. This traditional system of the refugees' international protection does not allow a full understanding of forced displacement in Africa as such. In light of these shortcomings, and following a growing series of factors fostered by the end of the Cold War, the need for a thorough reassessment of the traditional approach of forced displacement in Africa is becoming an essential issue today. The new paradigm is now proactive and focused on prevention. The research therefore aims to examine this evolution in regards to international public law. Although this new approach to the issue of forced displacement in Africa is proactive, it contains some obvious contradictions in terms of security from an international law practice point of view. The shift of the issue of forced displacement to the matter of security raises concerns about its implementation by international law practice, especially as it tends to favor containment strategies of vulnerable populations within their country rather than promoting their protection in situ. In order to face the risk of a security shortfall, the solution should rely on a human security driven approach regardless of any strategic preoccupation. This attitude could form an efficient answer to the plague of forced displacement in Africa