TRANSITIONAL JUSTICE UNDER INTERNATIONAL LAW: NEED FOR ADMIXTURE OF MECHANISMS

International Journal of Education and Research Vol. 2 No. 2 February 2014

TITLED: TRANSITIONAL JUSTICE UNDER INTERNATIONAL LAW: NEED FOR ADMIXTURE OF MECHANISMS

BY DR. BABATUNDE ISAAC OLUWATOYINM& ABEGUNDE BABALOLA

Abstract

The past decades have witnessed a revival in the idea of international criminal prosecution due to the establishment of ad-hoc criminal tribunals for the Yugoslavia and Rwanda, as well as the formation of the International Criminal Court. The underlying idea is that the most serious human rights violation perpetrated during war or armed conflict situation should not go unpunished and that the international community should step in where domestic prosecution fails. Recent years have witness a proliferation in the forms of transitional justice ranging from criminal trials (prosecution) to Truth and Reconciliation formulas. The choice of accountability formula to be adopted would naturally depend on the peculiar circumstance of each case. The paper examines the various machineries of criminal justice among other mechanisms. It is the finding of those authors that transitional justice requires a plurality of complementary approaches.