Transitional justice in Libya: confused paths

Abstract

This article is about transitional justice in Libya. It shows that despite the novelty of this concept in Libya- some authors argued that term is new in Libya, but the concept is not1- the country has witnessed great momentum in enacting transitional justice legislation. However, this momentum was not accompanied by a momentum in implementation, in addition to, and perhaps because of, shortcomings associated with this legislation. In later periods, the feasibility and application of transitional justice, in concept and legislation, was questioned, and calls appeared to exclude it, in whole or in part, permanently or temporarily, in order to achieve national reconciliation. The political context since 2011 has had a significant impact on the emergence and development of these calls. It also had an impact on the responses provided. The article argues that the relationship of transitional justice with national reconciliation is not mutually exclusive, meaning that it is not necessary if one is accepted that the other is denied, but rather the opposite; That is, to achieve sustainable national reconciliation, transitional justice is required. The article also argues that, despite the enormity of the challenges, there are still opportunities to achieve transitional justice.

Arabic version: https://hdl.handle.net/1887/3563576