PECULIARITIES OF THE APPLICATION OF TRANSITIONAL JUSTICE IN FOREIGN COUNTRIES

Abstract

This article is devoted to the analysis of the features of the application of the transitional justice model in foreign countries. The author examines the peculiarities of the post-conflict development of the countries of Latin America and Europe, in particular: Colombia, Chile, Guatemala, Slovakia, Bosnia and Herzegovina. The experience of implementing the directions and principles of transitional justice in the specified states is analyzed. It has been established that the experience of foreign countries in the field of transitional justice is rather ambiguous. In particular, the experience of Latin American countries is characterized by significant resistance from the political elites, who managed to partially retain their influence after the conflict. The author notes the insufficient involvement of communities and the predominance of international participation at the post-conflict stage of the development of Latin American countries. It is justified that, as a result, institutional reforms turned out to be ineffective, and the model of transitional justice was perceived by society as a “policy of winners”. It is noted that the most positive is the experience of the countries of Europe, which is characterized by the consistency and complexity of the implementation of transitional justice. It was found that in European countries there are positive trends regarding the implementation of the principles of transitional justice in national legislation. It is proved that a significant role in the social transition of post-conflict European states was assigned to the transitional society. The author notes that there is politicization of many processes of transitional justice, which resulted in certain miscalculations, in particular, insufficient attention to the issue of compensation for the victims of the conflict. It is proven that in the studied countries, the transformation of reconciliation into a political struggle is the result of excessive politicization of national memory, which the parties to the conflict used to achieve their own goals. The combination of national, regional and supranational legal forms of work within the framework of transitional justice in the countries of Latin America and Europe is noted. On the basis of the conducted research, it is argued that the principle of victim-centrism in the countries of Latin America has been pushed to the periphery, and the issue of retribution has been moved to the center, which nullifies efforts to fix and work out the causes of the conflict.