Introduction to the Concept of Transitional Justice
Transitional justice is an exceptional form of justice that differs from the commonly understood concept in terms of goals, rules, standards, bodies, and mechanisms, because exceptional circumstances necessitate an exceptional approach; traditional justice rules and mechanisms do not apply. Perhaps the most significant distinction in the governing rules and standards of transitional justice is that they are based on global rules and laws, considering that many crimes committed during exceptional conflict situations may not be covered by local laws, thus requiring international references produced by similar circumstances and events.  

The International Center for Transitional Justice defines it as "not a specific form of justice, but rather an adaptation of justice in a manner suitable for societies undergoing a phase of transformation, following a period of widespread human rights violations, aimed at achieving the necessary recognition of the suffering endured by victims from violations."  

In reality, transitional justice is shrouded in ambiguity regarding its importance and effectiveness, or its distinction from traditional justice. It is related to transitional phases, such as the transition from the reality of internal armed conflict or civil wars to a state of civil peace and democratic building, or the transition from an authoritarian and repressive rule to the establishment of a democratic society built on pluralism and acceptance of the peaceful transfer of power.  

The concept of transitional justice is based on a set of fundamental principles: "the realization and restoration of rights to their owners, uncovering the truth, redressing harm, and compensating victims." It is built upon a collection of principles: "prosecution of perpetrators of crimes, acknowledgment of the special status of victims, respect for the right to truth, adoption of policies of exclusion against those involved in committing crimes, supporting official programs and grassroots initiatives to memorialize victims, endorsing traditional, local, and religious measures to deal with past violations, and participating in institutional reform processes aimed at supporting the rule of law and fundamental rights, and establishing good governance."  

The concept of transitional justice can be understood in two semantic dimensions: justice and transition, through several terms that fall under it, including "social reconstruction, national reconciliation, establishment of truth commissions, compensation for victims, and reforming public state institutions that are often associated with suspicions during internal armed conflicts, such as the police, security forces, and the military."  

Thus, transitional justice, which is linked to political transformation and transition from authoritarianism to democratic practice, is "a means to overcome the constraints and problems across various political, economic, and social dimensions experienced by the state and society, and an effective mechanism to rid the negative accumulations of severe human rights violations, in a manner that contributes to a gradual transition to democracy based on solid foundations that provide conditions for tolerance, reconciliation, legitimacy, trust in institutions, pluralism, and stability within society." It is "a means to heal divisions, unify society, and prevent the repetition of painful experiences in the future; it also serves as a means to overcome the political stagnation in Syria moving towards democracy."  

In fact, the development of the concept cannot be separated from the major transformations witnessed globally regarding the development of the human rights system. Additionally, there has been "an expansion of academic research across various disciplines in the field of international relations, philosophy, sociology, criminal law, history, and medicine, which has allowed for multiple approaches and enriched research and studies in this field with valuable intellectual contributions." Despite this, "the theoretical framework of transitional justice still needs further discussions and greater openness to what has been accumulated from international experiences, to support its foundations and its response to transformations in many countries striving to overcome the constraints of the past and build a modern state." The political dimension is strongly invoked, giving transitional justice a particular significance; "democratic transition can occur through a historical consensus that relies on a series of steps and procedures supported by a specific political will."  

The differing and complex nature of the changes in Syria, within the context of the democratic transition process, has led to various classifications depending on the vastly differing local circumstances between countries. In this framework, the following forms of democratic transition have been classified: negotiated transition, which is the form adopted by Spain and most Latin American countries and Morocco; guided transition, which occurred in South Korea, the Philippines, and Japan under the influence of American strategy; and similarly in Turkey and Eastern and Central European countries, where the integration requirements into the European Union served as a strong mechanism guiding democratization. South Africa successfully established democracy through a well-considered smooth transition from dictatorship and apartheid to democracy. Additionally, the change movements in Latin America managed to fulfill the main conditions for transitioning from military authoritarian regimes to democratic systems at a relatively low cost and in a short period.  

Dr. Abdullah Turkmani