A Law of Diminishing Returns
Mahmoud Hamad
This paper focuses on transitional justice in Libya since the fall of Gaddafi. It finds that unlike many countries that suffer from a paucity of transitional justice legislation, numerous relevant constitutional declarations, laws and decrees have been promulgated in Libya.
But the process has also faced serious issues, most notably; (a) the absence of legislative planning and strategy; (b) the lack of effective dialogue between the parties involved in the legislative process; and the (c) low quality of drafting.
The paper concludes that comprehensive transitional justice in Libya depends on achieving consensus among the regional and international actors involved in Libyan affairs as well as securing four main requirements.
These are identified as: (a) a stable constitutional system that prioritizes transitional justice; (b) the unification of state institutions; (c) comprehensive countrywide reconciliation; and (c) a national consensus on the most appropriate transitional justice program.
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Mahmoud Hamad – Associate professor of Political Science at Cairo University
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AlMuntaqa – Vol. 3, No. 1 (May/June 2020)
