International and domestic prosecutions

Bernaz, Nadia and Prouveze, Remy (2010) International and domestic prosecutions. In: The Pursuit of International Criminal Justice: A World Study on Conflicts, Victimization, and Post-Conflict Justice. Bassiouni, M. Cherif, ed. Intersentia, pp. 269-398. ISBN 9789400000179. [Book Section]

Abstract

The chapter gives an overview of one particular post-conflict justice mechanism, the prosecution of persons allegedly responsible for gross human rights violations, as opposed to other mechanisms, such as amnesties or the establishment of truth and reconciliation commissions. While prosecutions are a mechanism of retributive justice, aimed primarily at punishing persons responsible for criminal offenses, they can also be the harbinger for the production of historical records, allow victims to obtain closure, and can even play a nation-building role.
In prosecuting human rights abuses, a number of options have been presented as a proper means for obtaining justice. These include conducting proceedings in the country where the atrocities took place, in other countries, at the international level or in an internationalized or hybrid tribunal. In reviewing these institutions, the chapter gives a thorough account of all the international and internationalized experiences and addresses a selection of national experiences with post-conflict justice prosecutions.

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