Punitive Transitions


The Punitive Transitions are an example of the various examples of transitional justice that recent history offers as a particular mechanism to deal with tensions between justice and peace. The basic types of these mechanisms are schematic models or tools, useful for understanding the various elements that are at stake in transitional processes. Punitive transitions are part of the radical models, which are questioned as types of transitional justice. These models, while describing the transition from a state of war to a state of peace, do not resolve the tension between justice and peace by striking a balance between the two demands, but rather by choosing one of them.

For example, punitive transitions impose justice without negotiation. Examples of these transitions are Nuremberg, Rwanda and Yugoslavia, where it was acted on the premise that it is only through the punishment of those responsible that it is possible to erect a new democratic order based on respect for human rights. The way to punish the culprits within this model is through the establishment of ad hoc tribunals, although the following political and legal conditions are necessary: ​​

Bibliography

wiki