RESTITUTION AS A COMPONENT OF TRANSITIONAL JUSTICE

Abstract

The article is dedicated to an in-depth analysis of the concept of transitional justice, focusing on its key element – restitution, which is a crucial tool for restoring the violated rights of victims of serious human rights violations and international humanitarian law, such as war crimes, genocide, and mass repression. The article describes the four main components of transitional justice, with special emphasis on restitution, which involves restoring the original state of victims of serious human rights violations or international humanitarian law breaches. It is determined that restitution not only compensates for the damage caused but also restores social justice and ensures the return of victims to their original state, including the return of property, restoration of citizenship, human rights, identity, family life, and compensation for the harm suffered.

The article characterizes the legal foundations of restitution, analyzing international documents such as the UN General Assembly Resolution No. 60/147, which establishes the basic principles and guidelines regarding the right to protection and reparation for victims of human rights violations. Examples of restitution application in various countries, such as Guatemala, Bosnia, and South Africa, are provided, demonstrating the effectiveness of this mechanism in overcoming the consequences of conflicts and mass human rights violations. The article examines how restitution contributed to the restoration of property rights, the return of land, reinstatement at work, and compensation payments to the affected, ensuring justice and preventing the recurrence of such violations in the future.

The significance of restitution as an element of transitional justice, playing a key role in ensuring long-term peace and stability in post-conflict societies, is analyzed. The article concludes that the integration of restitution into national and international mechanisms of transitional justice is critically important for building a just and peaceful future. Thus, arguments are presented in favor of the importance of restitution in global practice as one of the main tools of transitional justice, ensuring not only legal but also moral rehabilitation of society.