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Transitional justice in Libya is the key to stability of state and society. Under the previous regime, many Libyans' rights were violated. The regime's collapse only exacerbated these violations, in addition to bringing about the country's social and cultural disintegration. The very exceptional nature of the Libyan state complicated efforts to establish a transitional justice system in post-revolution Libya. Successive governments since the revolution have failed to exercise control over security. This paper deals with transitional justice in three sections. The first reviews Libyan legislation since the 17 February 2011 revolution. The second analyzes reasons for the failure of legislative efforts to implement an integrated program of transitional justice. The third outlines short- and medium-term requirements for implementing a transitional justice program.

This study investigates the circumstances under which military governments leave power. It shows that there is no single path to get the military out of power, as there are no general rules for all cases. Nevertheless, several lessons are learned of which the most important is that military officers never relinquish power on their own. Rather, they are usually forced to leave it. In most cases, forcing the military to hand over authority requires a democratic opposition bloc that reaches a national consensus and agrees on a clear political strategy with an explicit goal. This will get the military out of power and establish a civilian government. A consensus or democratic bloc enables reformist democrats to change the balance of power for the benefit of democratic transition.

In September 2018 it will have been thirteen years since the referendum on the reconciliation plan in Algeria. This paper considers the details and achievements of the plan by investigation of the concept and objectives of national reconciliation and the historical framework of the Algerian crisis, critiquing the plan in order to establish new horizons for reconciliation. It examines the historical context of Algeria's national reconciliation, and then the chronology of the path to national reconciliation. It then moves on to study the Algerian journey of reconciliation through a thorough reading of the draft Charter for Peace and National Reconciliation. Finally, the paper determines the extent of the advances made in establishing peace and coexistence in the Algerian homeland and also identifies some of the gaps in the reconciliation experience, and suggests ways to unlock potential achievements.

This report highlights some of the major milestones of the Arab democratic transition. The countries covered include Tunisia, Egypt, Libya and Yemen.

عنوان الكتاب: الحلم الأوروبي.

Qatar is on a path to ever widening global production and trade, its networks today including the entire global market. This paper discusses how the economy is no longer governed by the system of the nation-state alone, as new types of actors in the economic field appear. The private sector has gained the primary role in fields of production, marketing, and global competition, causing some theorists to say that globalization has put the state’s role in the shadow of globalization, predicting an end to the state. Others, however, say that though it has removed restrictions and barriers on the flow of goods, capital, labor, values ​​and cultures, globalization does not toll the demise of the role of the state as much as it promotes the role of national authority in the management of economic, social, civil, cultural, and scientific activities. The general global trend toward the international reality of gradual global institutionalization allows the overcoming of barriers and other enormous challenges that lie ahead. This study discusses a number of issues related to globalization and the opening of old borders, it reviews the trend toward institutionalization of international action on issues such as terrorism, war, and environmental crimes, as international law has taken a step forward to develop mechanisms of judicial action

This paper explores the concept of “the Responsibility to Protect” (R2P), an outcome of the 2005 World Summit which entails that the international community has a moral duty to intervene in the domestic affairs of sovereign states in cases involving war crimes, crimes against humanity, ethnic cleansing, or genocide. The author illustrates the historical legacy of the R2P, covering how early legal philosophers justified the intervention of European powers through theories such as just war, intervention in the name of humanity, and humanitarian intervention, before exploring whether R2P represents a violation of well-established principles of international law: the sovereignty of states and non-intervention in their affairs and the non-use of force in international affairs. The paper concludes that R2P does not provide for the use of force in a manner that does not already exist in the UN Charter.

Discussions regarding the relative success of Tunisia's democratic transition, argues Ladrissi, remain premature. His paper examines the extent to which particular Tunisian specificities could explain the relative success of Tunisia to date when compared to other Arab Spring states: the role of women in society; the legacy of founding president Bourguiba; and the role of Tunisian civil society. The paper asks if Tunisia will ultimately succeed in sowing the seeds of a permanent and lasting democracy. It sets out from the assumption that a functioning democratic system is predicated on three main factors: political dialogue; social homogeneity; and an organic state. Later, the author moves on to examine three distinct, if seemingly interdependent, aspects of transitional justice: the political responsibility of the previous political leadership; the criminal liability of those leaders for violations of human rights; and responsibility in questions of bribery and corruption. Finally, the paper summarizes three major threats to the Tunisian democratic experiment: the country's economic crisis, the weakening of the Tunisian state and terrorism.

This study problematises the theoretical dialectic between the rule of law as a formal legal principle, and democracy as a political value. Taking a fundamental legal approach, the paper builds a concept of a constitutionalization democratic rule of law, through which it is possible to overcome the constant tension in democracy between the authority of the majority in deciding the law, and individual rights and freedoms. It concludes that the rule of law does not mean the rule of law over individual rights, and democracy does not mean the rule of the majority only, but that respect for individual rights and granting them a constitutional value are a prerequisite for constitutionalizing the principle of a democratic rule of law. However, the application of this principle, in practice, will be linked to the role of the constitutional judge in reconciling, through constitutional oversight, the power of the majority, which is embodied in the principle of the rule of law, and constitutional rights, which are the essence of the democratic principle.

The study focuses on civil-military relations in Egypt since 2013 , examining measures the regime employs to achieve three objectives: controlling the military to prevent coups, thwarting political mobilization that could lead to popular uprisings akin to the January Revolution, and securing ongoing external support. The study concludes that these measures have brought about fundamental changes. Firstly, they have restructured the political regime towards a personalist regime led by one man, a close-knit elite, and loyalists. Secondly, they have threatened military unity with the emergence of parallel armed entities, notably Sinai's tribal union. Thirdly, they have undermined state sovereignty through expanding debts, selling state assets, and making other concessions to foreign backers. The analysis reveals that concessions granted to the military to ensure loyalty have also strengthened its independence, potentially paving the way for various scenarios if the presidential office becomes vacant or public discontent erupts due to mismanagement of state affairs.