著者

小阪 真也

出版者

一般財団法人 日本国際政治学会

雑誌

国際政治 (ISSN:04542215)

巻号頁・発行日

vol.2014, no.178, pp.178_118-178_131, 2014-11-10 (Released:2015-11-30)

参考文献数

49

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This paper demonstrates the contribution of Morocco’s on-going comprehensive reparation for the gradual transition of Morocco from the authoritarian regime to the constitutional one after the end of the “Années de Plomb”. Previous researches tended to stress a lack of transitions of remained authoritarian regimes in Middle East including Morocco. However, this paper argues that, since 1990s, Morocco has been gradually developing its state system based on the idea of the constitutionalism that has been recently regarded as a source of the legitimacy of the sovereignty in international society. By referring to the broad concept of the reparation in the “Guideline” adopted by the United Nations General Assembly in 2005, this paper builds a theoretical framework based on the idea of the hierarchical structure of the rule of law which constitutes a core component of the constitutionalism. The idea of the rule of law can be divided into two parts: broad sense and narrow sense. The broad sense of the rule of law means universal value such as human rights which constitutes a fundamental principle and defines specific laws. On the other hand, the narrow sense of the rule of law, which constitutes low level rules, means specific laws that directly rules society. Sovereign states need to build both aspects of the rule of law in order to build a constitutional state system. Based on this understanding, this paper considers that states can build the broad sense of the rule of law through re-confirming human rights norms by providing compensation or restitution as principal activities of reparation. In addition, this paper argues that, in order to take measures for guarantee of non-repetition as a critical elements of the reparation in the “Guideline” in 2005, reparation is interrelated with the institution building that is another mechanism of transitional justice. From this standpoint, this paper considers that states can build the narrow sense of the rule of law through institution building to reform specific laws and legal institutions to prevent future atrocities. Under this framework, this paper argues that the comprehensive reparation in Morocco contributed for Morocco’s transition from the authoritarian regime to the constitutional one through re-building both aspects of the rule of law. For building the broad sense of the rule of law, Morocco re-confirmed human rights norms by implementing the reparation programs varied from the monetary compensation to the symbolic reparation under human rights laws. For building the narrow sense of the rule of law, Morocco implemented institution building, as a program for guarantee of non-repetition, to reform the constitution, penal code, and legal institutions. This paper concludes that, as a progress of transitional justice in Middle East, Morocco has been taking steps to a constitutional state through implementation of the on-going comprehensive reparation to build both aspects of the rule of law.