Conflict Mediation and the ICC: Challenges and Options for Pursuing Peace with Justice at the Regional Level

Abstract

Whilst accountability and mediation processes are largely state-focused, many conflicts and attendant human rights violations are transboundary and even re- gionalized. This creates difficulties for traditional political and legal mandates tied largely to territorial states. As a result broader dynamics may be missed and state- focused solutions may end up neither addressing the true underpinnings of conflict or the human rights violations. This dilemma may pose a bigger challenge to media- tion and accountability than the straight justice/peace tension, making holistic peace and justice even more elusive. What are the challenges at regional level in contem- porary practice? What is the range of options in this context that mediators may put to the parties? Are they the same as the range in domestic processes, such as criminal accountability, truth and reconciliation processes, traditional justice, vetting, limited amnesties, processes with pardons, and if so how might they be modified to suit the context?