Thesis (PhD) - Cyprus International University. Institute of Graduate Studies and Research International Relations Department

Includes bibliography (sheets 149-168)

ABSTRACT
Over the last three decades, judicial and non-judicial transitional justice (TJ) systems,
as defined by the UN, have been used primarily in post-conflict societies to address
the legacy of previous grievances and injustices, as well as to lay the groundwork for
future peace. However, increasingly in recent years, international criminal justice
through international tribunals seeks to deal with atrocities when conflict is even
present. Scholars have examined the outcomes of TJ, such as the theory that trials lead
to greater respect for human rights or, conversely, that international tribunals lead to
instability. Indeed, TJ projects during conflict or after international intervention
situations face many challenges, whereas in some cases, the TJ has been used for
regional and international actors’ interests. The thesis assesses Libya’s experience with
TJ, including the role of the ICC, since the outbreak of the civil war in Libya in 2011.
TJ's contextual challenges in Libya since 2011 are examined in this thesis. Its findings
indicate that Libya’s fragile statehood, ongoing conflicts, and the interference of
various regional and external actors have undermined Libya’s prospects for peace and
justice. It concludes that the international criminal justice system can be influenced
and manipulated by global powers. Additionally, Libya’s TJ model has been
ineffective and failed to achieve its ambitious goals. Finally, the thesis advocates a
transformative approach to transitional justice.
Keywords: International Tribunals; Ongoing Conflict; Post-Conflict Societies;
Transitional Justice; Transformative Justice