THE CONTRIBUTION OF THE INTERNATIONAL CRIMINAL COURT IN TRANSITIONAL JUSTICE OF THE POST-CONFLICT SOCIETIES

Abstract

As a complex concept, transitional justice includes processes and mechanisms related to the efforts of post-conflict societies to face inter alia the consequences of mass abuses and violations of basic human rights. National and international non-judicial and judicial mechanisms are included in these processes. The international courts, the aim of which is to prosecute genocide, war crimes and crimes against humanity, could also be included. The international intervention through investigations could be an important contribution in achieving the goals of transitional justice. Reasonably, these processes are expected to lead to reconciliation and sustainable peace. Unfortunately, in practice, sometimes these expectations turn into disappointments. The paper aims at providing an overview of some of the actual and potential questions of the contribution of The Court in transitional justice in post-conflict societas. The intention is to answer two key questions: 1. Whether and how the International Criminal Court can contribute in achieving the goals of transitional justice? 2. Has the Court since it was established until today made a significant contribution in achieving the goals of transitional justice in post-conflict societies? In this order, we will review the key instruments that are available to the International Criminal Court from a formal point of view, and will consider the Court’s possibilities for processing specific cases from a practical point of view. The factual challenges and criticisms that the International Criminal Court has faced since its inception, will also be discussed.