In Pursuit of Accountability During and after War

Abstract

This Article aims to identify and elaborate the causes and ramifications of applying transitional justice, in particular accountability measures, to situations of war. It does so by outlining developments in the field of transitional justice, including understandings of the correlations between peace and justice – and hence an important perspective on the question ‘how do wars end’. In this regard, the Article demonstrates how mainstream understandings have changed dramatically over time, from assuming that pursuing (retributive) justice poses a risk to peace, to assuming that justice is a prerequisite for building sustainable peace, and later towards an understanding that such binary claims concerning the synergies between peace and justice are too simplistic. The Article also seeks to understand some of the main challenges related to pursuing accountability for crimes committed in contemporary forms of conflict. This involves, among other themes, a discussion of the ramifications of pursuing accountability for large-scale abuses committed during civil war and while conflict is ongoing. The Article also discusses the challenges associated with applying the current legal frameworks as well as institutional challenges to promoting accountability for crimes committed in armed conflict. Finally, the Article examines the specific challenges associated with pursuing accountability for abuses committed by major powers in armed conflict.