Reconstruction Through Accountability

Abstract

In post-conflict situations the question regularly comes up as to whether the call for criminal prosecution may be compromised in the interest of reconstruction. Justice and reconciliation are often considered as competing concepts. The author argues that there is not necessarily such a dichotomy. Whether there is, in fact, a duty to prosecute should be answered on the basis of international human rights law. The question ultimately depends on how human rights can be effectively guaranteed in the long run. A survey of contemporary jurisprudence and international practice shows that prosecution is increasingly viewed as an indispensable measure of human rights protection. But criminal justice is not to be achieved at all costs. Mixed forms of accountability are a potential model for the future including that of Iraq.

Keywords: Transitional Justice, Human Rights