INTRODUCTION

The criminal justice element of transitional justice is a call to punish leaders of previous regimes and individuals for their wrongdoing. Criminal justice is oft en what people immediately relate to when speaking of transitional justice. Prosecutions aim to ensure that those responsible for committing crimes are tried in accordance with international standards of fair trial and, where appropriate, punished for crimes carried out.

Key legal questions that are considered in chapter 3 include:

This chapter focuses on international criminal justice because it is the arena where the most detailed developments have taken place with respect to case law. International criminal justice from a post-conflict perspective has its roots in the Nuremberg trials, which brought about a substantial change in considerations of accountability, moving from collective to individual justice and from national to international processes. This was not to prioritize one method over another, but it was a new phenomenon at the time.

A critical aspect of criminal justice is the concept of the presumption of innocence and a crime having been committed “beyond reasonable doubt.” Criminal justice in any jurisdiction is not just about the rights of the victim, but also about the rights of the alleged perpetrator; hence, this chapter aims to carefully consider the different perspectives and prudently weigh the arguments. This is also why it is so important that criminal law is predictable and specific, and that those who are in place to implement that law are well prepared to do so.