TRANSITIONAL JUSTICE AND THE PRINCIPLES OF ACCOUNTABILITY FOR VIOLATIONS OF LAWS OF ARMED CONFLICT

Abstract

Transitional justice has emerged as a critical framework for addressing grave violations of the laws of armed conflict (LOAC) committed during periods of civil strife, international warfare, and internal disturbances. Rooted in the pursuit of accountability, reconciliation, and sustainable peace, transitional justice encompasses judicial and non-judicial mechanisms designed to confront past atrocities and prevent future recurrence. This paper critically examines the relationship between transitional justice processes and the principles of accountability for LOAC violations, arguing that accountability is both a legal imperative and a moral necessity under international humanitarian law (IHL). The study explores how international and hybrid criminal tribunals, truth commissions, domestic prosecutions, reparations regimes, and institutional reforms serve as complementary tools for enforcing individual and state responsibility for war crimes, crimes against humanity, and other serious breaches of IHL. The abstract outlines the complexities that arise when transitional justice is deployed in fragile post-conflict contexts—particularly the tension between peace negotiations and demands for prosecution, the problem of weak judicial institutions, politicisation of justice mechanisms, and the struggleto integrate victim-centred approaches. It further examines the normative foundations of accountability in LOAC, including command responsibility, universal jurisdiction, and the duty to investigate and prosecute grave breaches. By evaluating case studies from Rwanda, Sierra Leone, Colombia, the former Yugoslavia, and ongoing armed conflicts in Africa, the research demonstrates how different accountability models either strengthen or undermine the broader goals of transitional justice. Ultimately, the study concludes that accountability for LOAC violations must be embedded within a holistic transitional justice framework that balances retributive and restorative approaches while safeguarding victims’ rights to truth, justice, and reparation. It recommends a hybridised accountability model that integrates criminal trials with truth-seeking, reparative justice, and security sector reform, thereby ensuring that transitional justice not only punishes perpetrators but also contributes to structural transformation and long-term peacebuilding.