Assessing the impact of transitional justice mechanisms in post-conflict societies: Lessons drawn for Libya

Over the course of the last three decades, judicial and non-judicial mechanisms of transitional justice as defined by the UN have been used to address legacies of past grievances and violations in a number of post-conflict societies. This thesis is an exploration of the viability and efficacy of transitional justice mechanisms in providing justice, promoting reconciliation, establishing viable democracies and achieving sustainable peace in the aftermath of conflicts. By assessing the earlier experiments with the application of international and local justice mechanisms, it draws out lessons for the Libyan case. It evaluates the application of three models of transitional justice: retributive justice with the trials at the ICC and national courts; restorative justice; and customary justice mechanisms in transitional societies in general and Libya in particular. Such an evaluation is intended to make the case for transitional justice mechanisms that are reconciliatory and locally relevant.
In the case of Libya, the dissertation assesses the transitional justice mechanisms conducted in post-Gaddafi Libya to date in the light of achieving desired goals of transition. It also explores the application of what it terms customary justice mechanisms used mostly in Libya to achieve reconciliation and lasting peace. The study considers the role of ‘Orf’ in resolving the conflicts and bringing people together again. It combines unique data on local perceptions regarding conflict resolution mechanisms with insights from the literature, to critically examine the viability and efficiency of engaging customary justice mechanisms in Libya in achieving sustainable peace and national reconciliation. The key finding of this exploration is that local justice mechanisms are more effective in fostering such objectives than criminal prosecutions.