The Role of International Criminal Tribunals and Courts in the Establishment of Post War Truth and Reconciliation
The end of war brings a period of chaos and confusion that, if not handled correctly, can lead to further political turmoil. After a catastrophic event like a war, there are repercussion that are complex, very personal and quintessentially human. Hence, the post war period becomes an extremely sensitive situation that needs the virtuosity of the International Organizations responsible for mitigating the disasters of war. This paper analyses this area by focusing on major events of the past and how the process of establishing truth and justice have fared. The concept of transitional justice is introduced and how a solely policy driven solution is inadequate. It concludes that there is a requirement for a process that legitimately endows justice from international bodies such as the International Criminal Courts and Tribunals, despite its many failures and drawback of the past.
Akhavan, Payam, ‘Beyond Impunity: Cab International Criminal Justice Prevent Future Atrocities?’, The American Journal of International Law 2001; 95: 7- 32.
David, Philippe- Charles, ‘Does Peacebuilding Build Peace? Liberal (Mis)steps in the Peace Process’, Security Dialogue 1999; 30: 25-41.
Dillon, Michael, ‘Criminilising Social and Political Violence Internationally’, Millennium- Journal of International Studies 1998; 27: 543-567.
Meron, Theodor, ‘Is International Law Moving towards Criminilization’, European Journal of International Law 1998; 9: 18-31.
Moghalu, Chiedu Kingsley, ‘Prosecute or Pardon? Between Truth Commissions and War Crime Trials’ in
Peace vs Justice: The Dilemma of Transitional Justice in Africa , ed. by Chandra Lekha Sriram and Suren Pillay (Scottsville: University of KwaZulu- Natal Press, 2009: 69-95.
Moore, Michael S., ‘Victims’ Justice: Legitimizing the Sentencing Regime of the International Criminal Court’,
Columbia Journal of Transnational Law 2005; 43: 229268.
Orend, Brian, ‘Justice after War’, Ethics & International Affairs 2002; 16: 43-56.
Teitel, Ruti, ‘The Law and Politics of Contemporary Transitional Justice’, Cornell International Law Journal 2005 ; 38: 837-862. 9. Vicencio, Villa Charles, ‘Inclusive Justice: The Limitations of Trial Justice and Truth Commissions’ in Peace vs Justice: The Dilemma of Transitional Justice in Africa ,ed. by Chandra Lekha Sriram and Suren Pillay (Scottsville: University of KwaZulu- Natal Press, 2009: 44-68.
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