FROM RETRIBUTION TO RECONCILIATION - THE EVOLUTION OF TRANSITIONAL JUSTICE IN INTERNATIONAL HUMAN RIGHTS LAW

Transitional justice has emerged as a vital framework within international human rights law to address large-scale human rights violations committed during periods of conflict, authoritarian rule, or political transition. Traditionally rooted in retributive justice, early approaches emphasized criminal accountability through prosecutions and tribunals aimed at punishing perpetrators. However, over time, the paradigm of transitional justice has evolved to incorporate restorative and reconciliatory mechanisms that seek to heal societies, acknowledge victims’ suffering, and promote sustainable peace. This paper critically examines the transformation of transitional justice from a predominantly punitive model to a multidimensional process encompassing truth-seeking, reparations, institutional reforms, and guarantees of non-recurrence. It analyses the role of international human rights law in shaping this evolution, particularly through the jurisprudence of international criminal tribunals, regional human rights courts, and soft law instruments such as UN principles and guidelines. The study further explores how mechanisms like truth and reconciliation commissions, victimcentered reparations, and community-based justice have redefined accountability beyond mere punishment. By assessing comparative experiences from post-conflict societies, the paper highlights the tensions between justice, peace, and reconciliation, and evaluates whether contemporary transitional justice mechanisms adequately address structural injustices and systemic violence. Ultimately, the paper argues that a holistic and context-sensitive approach— anchored in human dignity and participatory justice—is essential for transitional justice to contribute meaningfully to long-term reconciliation and democratic consolidation.