THE ALGERIAN APPROACH TO TRANSITIONAL JUSTICE IN LIGHT OF THE NATIONAL RECONCILIATION LAW

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Mahieddine Hassiba

Abstract

     The Algerian approach to transitional justice in light of the National Reconciliation Law has a particular importance in light of the current international, regional, and even local situation, which has resulted in the consolidation of this discourse in the current political and legal literature. It also constituted the great challenge that faced the Algerian experience in order to gain acceptance at the domestic and international levels, as many specialists consider the Algerian experience a new and special approach in dealing with the terrorist phenomenon.

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Author Biography

Mahieddine Hassiba

Mahieddine Hassiba1

1 University of Lounici Ali, Blida2 (Algeria).

The Author E-mail: mahieddinehassiba12@gmail.com

References

Books:

Carole Mottet, Transitional justice, a path towards reconciliation and lasting peace (Yaoundé –Cameroon: Imprimerie Saint-Paul, 2000), p.16.

Mohamed Sherif Bassiouni, International Conflicts and the Need for Post-Conflict Justice (Cairo: Dar Ennahda Elarabia, 2012).

Stéphanie Maupas, the essentials of international criminal justice (Paris: Gualino publisher, 2007), p.12.

Theses:

Souad Khoja, Transitional Justice, a theoretical and applied study, PhD thesis, Faculty of Law and Political Science, Montouri Brothers University, Constantine, Algeria, 2017.

Abdelrazak Bakhaled, National Reconciliation in the Shadow of Criminal Politics, Master's Thesis, Faculty of Law and Political Science, University of Ikhoua Montouri, Constantine, Algeria, 2010.

Abdelnour Mansouri, National Reconciliation in Algeria from a Human Security Perspective, Master's thesis, Faculty of Law and Political Science, University of El Hadj Lakhdar , Batna, Algeria, 2010.

Fatima Ouanass, National Reconciliation as a Mechanism for Political Stabilisation in Algeria, Master's thesis, Faculty of Law and Political Science, University of Kassidi Merbah, Ouargla, Algeria, 2013.

Kenza Hamdaoui, National Reconciliation in the Framework of the Algerian Approach to Transitional Justice: A study in the light of UN standards, Master's thesis, Faculty of Law and Political Science, Abdelrahmane Meira University, Bejaia, Algeria, 2015.

Nadir Amirch, The Civil Liability of the State for Damages Resulting from Acts of Violence and Terrorism, PhD thesis, Faculty of Law and Political Science, University of Ikhoua Mentouri, Constantine, Algeria, 2011.

Articles:

Idriss Bakhouya, Transitional Justice in the Light of Algeria's National Reconciliation Law, Ijtihad Journal for Legal and Economic Studies, published by the University Centre of Tamengiste, Algeria, Issue 12, June 2017.

Ahmed Shawky Benyoub, Transitional Justice: Concept and Development, Al-Mustaqbal Al-Arabi, No. 413, July 2013.

Eric Sotas, Transitional Justice and Punishment, International Review of the Red Cross, Vol. 90, No. 870, June 2008.

Quada Houari, Transitional Justice...The Other Face of Justice, Al-Maar Journal in Law, Political and Economic Sciences, published by the University Centre of Ahmed Ben Yahya Al-Wunshrissi, Tissemsilt, Vol. 9, No. 4, December 2018.

Mohamed Laagab, "National Reconciliation: The Road to the Future," The Deputy's Journal, published by the National People's Assembly, third year, special issue, 2005.

Yasmin Sooka, Looking Back and Transitional Justice, Peacebuilding through Accountability, International Review of the Red Cross, Vol. 88, No. 862, June 2006.

Yasmin Naqbi, The right to truth in international law, reality or fiction, International Journal of the Red Cross, Vol. 88, No. 862, June 2006.

Communications:

Al-Mustapha Souleih, "Reconciliation, a concept for what purposes and by what mechanisms?" Intervention delivered in the framework of the Reconciliation Symposium, Moroccan Organisation for Human Rights, 12/11/2005, Rabat, Morocco.

Mohammed Al-Mekhlafi. The ultimate goal of the transitional justice project is to complement political reconciliation with societal reconciliation, an intervention presented as part of the Civil State Our Way to Build Modern Yemen Symposium, 2012, Yemen.

Websites:

Abdulmajid Ahmed Bayouk, The Most Important Elements of National Reconciliation, viewed on 14/01/2017, at: www.alarabia.com

Draft Organic Law on Transitional Justice on setting the foundations of transitional justice and its sphere of competence, 29 October 2012, viewed on 13/03/2019, at: http://www.tunisien.tn

History and Theory of Transitional Justice, International Center for Transitional Justice, viewed on 14/01/2017, at: www.icij.org

Legal texts:

Presidential Decree No. 06-93 of 28 February 2006, concerning the compensation of victims of the national tragedy, JRSG, No. 11, 28 February 2006.

Order 06-01, dated 27 February 2006, on the implementation of the Charter for Peace and National Reconciliation, J.R.G.D.S. No. 11, issued on 28 February 2006.

Documents:

United Nations, Office of the United Nations High Commissioner for Human Rights, Rule of Law Tools for Post-Conflict States, Amnesty Measures, New York and Geneva, 2009.

Human Rights Committee, Final Observation on Algeria (December 12, 2007), p12.