Transitional justice mechanisms in light of human rights charters and the Palestinian situation (The experience of Morocco and South Africa as a case) رسالة ماجستير

Abstract

The current study aims to clarify the mechanisms and tools of transitional justice and Palestinian situation in this context, which faces occupation and settlement on one hand, and the internal Palestinian division on the other. The 2007 division within the Palestinian Authority is marked as a critical juncture in Palestinian history, notable not only for the fatalities it inflicted but also for its role in territorial fragmentation. This schism undermined the bedrock of the national liberation movement, encompassing both resistance and settlement efforts, profoundly affecting all dimensions of Palestinian life and severely disrupting social relationships. The accumulated risks over the years have attracted significant attention from international and local stakeholders, dedicated to mending the division between the factions and terminating the Israeli occupation of Palestine. This study zeroes in on the feasibility and methods of enacting transitional justice within Palestinian society, tackling the ramifications of the division. It employs descriptive and analytical methodologies to elucidate the nature, features, and operations of transitional justice, and to examine the initiatives undertaken by the Palestinian National Authority in the West Bank and Hamas in the Gaza Strip, analyzing their impact on severe human rights breaches. The research identifies a pervasive failure to implement transitional justice in Palestinian territories, attributed to non-adherence to reconciliation agreements by Fatah and Hamas, despite concerted Palestinian and international efforts. It advocates for various strategies to foster reconciliation and transitional justice, highlighting the significance of mechanisms such as reparations, judicial pursuits, and compensation for victims. The study underscores the critical need for transitional justice in Palestine and the dearth of related research within this context, aiming to spotlight the issue of transitional justice in Palestine.