Abstract

IBARRA PADILLA, Adelaida María. Transitional Justice: The relationship between law and power in times of transition. Rev. Derecho [online]. 2016, n.45, pp.237-261. ISSN 0121-8697.

The different manifestations of transitional justice are given by the relationship between it and the power of actors confronted in transition periods from war to peace, or from dictatorship to democracy. These power relations determine whether transitional justice constitutes an instrument of power, a reflection of power or a limit to power. Which have been the relations between transitional justice and power since the Nuremberg Tribunal to the International Criminal Court?, is the question that this article addresses. In response to this concern, it was found that due to the requirements of International Human Rights Law and International Criminal Law, transitional justice has evolved from being an instrument of power to becoming a limit of it and a tool for building sustainable peace

Keywords : transitional justice; limit to power; peace building; restorati-ve justice; retributive justice; reconciliation; guarantee of non-repetition.

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