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6 Gonz. J. Int'l L. 1 (2002-2003)

handle is hein.journals/gjil6 and id is 1 raw text is: Peace with Justice: Options for Bringing to Trial Human Rights Violators in Africa and
a Proposed Solution to Cover the Gap in Enforcement Mechanisms Between
International Criminal Law and Human Rights Violations
Jacob Lilly
I. Introduction
The future of human rights law seems to be focused on two rapidly diverging viewpoints.1
On one hand, the nominal success of the International Tribunals for Rwanda and the former
Yugoslavia and the coming into being of the International Criminal Court with the Rome
Statute point towards a greater international acceptance of the concept of individual
accountability for and prosecution of certain human rights violations, known as war crimes.
However, the popularity of the South African Truth and Reconciliation Commission and the
move towards extra-judicial solutions for war crimes point towards a pattern of less reliance
on prosecutions and more on alternative solutions. Both approaches share the common
themes of greater acknowledgement of human rights violations, some form of individual
accountability, and a search for the right formula to provide justice and healing for war torn
This note examines the different options for prosecuting human rights violators, considers
alternatives to prosecution, and proposes a standardized format for dealing with human rights
violations in Africa. In doing so, the note considers whether human rights violators should be
forced to face trial at all, the appropriate jurisdiction, relevant national, regional and
international laws and institutions, and practical questions of cooperation, financial incentive
and effectiveness. The note proposes that jurisdiction over human rights violations be given
to a prosecutorial court with the power to enforce sanctions against both state actors and
1 See generally, David J. Scheffer, The Future of Atrocity Law, 25 SUFFOLK TRANSNAT'L L. REV. 389 (2002)
[hereinafter Scheffer].

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