نوع مقاله : علمی - پژوهشی
1 دانشکده حقوق و علوم سیاسی، دانشگاه آزاد اسلامی، واحد علوم و تحقیقات تهران (نویسنده مسئول)
2 دانشگاه آزاد اسلامی، واحد علوم و تحقیقات تهران
عنوان مقاله [English]
After Tunisia and Egypt, Libya was the third country in North Africa that experienced anti-governmental protests in 2011 with the aim of transforming the political system of dictatorship into democracy. While Muammar Gaddafi in his 43-year domination committed the human right violation against Libyan citizens, he also committed the specified crimes in the statute of the International Criminal Court (ICC) including: war crimes, crimes against humanity and crimes against peace. Hence, the implementation of transitional justice over Muammar Gaddafi and the main elements of his state that played an important role in contributing to human rights violation and the mentioned triple crimes, was considered by the domestic circles of Libya and the world political actors and rulers. Despite the fact that transitional justice mechanisms in post-Gaddafi Libya has been considered, it has not been a successful experience yet. By using the descriptive-analytical method and the conceptual framework of transitional justice in international law, the authors of this paper seek to answer this key question: which factors led to failure to apply the mechanisms of transitional justice in Libya? The hypothesis to answer this question is that although the ultimate goal of implementing transitional justice is "to strengthen the rule of law and institutionalize responsiveness of the authorities," but the efficient use of the mechanisms of transitional justice requires the readiness of that society, such as the political stability and security, but in Libya lack of this readiness has led to a reverse outcome on the use of mechanisms of transitional justice, and finally has increased insecurity in this country.