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Trial by error: Justice and Reconciliation in post-Qaddafi Libya
Abstract
Justice and Reconciliation are among the most challenging issues that the new Libyan government has been grappling with since the collapse of the Qaddafi regime in October 2011. Libyan authorities have repeatedly professed to want to establish the rule of law, promote national reconciliation and guarantee that justice be carried out in a fair and transparent manner. In practical terms, however, they have so far failed and the Libyan transitional government has been under heavy scrutiny for being unable to carry out such aspirations. As for February 2012, Libya has not yet reached an agreement with the International Criminal Court (ICC) over the possible prosecution Saif al-Islam al-Qaddafi, the captured son of the former leader; the country’s detention centers still house thousands of foreign prisoners held with no legal process; furthermore the government has taken no action to prevent extra-judiciary killings against Qaddafi loyalists and, as a result, many members of the former regime remain in exile. This paper, which will be based on extensive research conducted in Libya, shall present the problems the Libyan government faces in carrying out justice and reconciliation in the post-Qaddafi era. We shall assess the difficulties in reconciling efforts to promote truth and justice, while simultaneously endeavoring to ensure reconciliation on an individual and national level. As a number of authors have already highlighted (Teitel, Barkan, Elster), in post-revolutionary situations truth and reconciliation can stand at odds with each other given the former can actually impede the latter. The paper shall also analyze the broader efforts that have been made to set up other transitional justice mechanisms, which include also public ceremonies, the conversion of property belonging to the previous regime into public spaces, the re-writing of educational curricula, the renaming of roads, and reparation programs.
Discipline
Political Science
Geographic Area
Libya
Sub Area
Human Rights