Bridging the gap for accountability for serious international crimes using traditional justice systems in Africa

Abstract

After periods of conflict in African states, both international and domestic mechanisms were employed to prosecute serious international crimes and hold perpetrators accountable. These include international tribunals like the ICTR, the SCSL and the ICC along with domestic prosecutions. While these justice mechanisms aim for retributive justice and full accountability, they face limitations and challenges that hinder their effectiveness. Following conflict and due to the challenges faced by these mechanisms in ensuring there is accountability for serious international crimes, countries like Rwanda, Uganda and Mozambique applied traditional justice systems that offer restorative justice to achieve reconciliation, social harmony and peace. However, traditional justice systems are seen as offering ‘mere justice’ and there is lack of consensus on whether they have capacity to address serious international crimes. In light of the foregoing concern, this study employed a descriptive research design utilizing a socio-legal methodology complemented by a doctrinal analysis too sought to examine how effective traditional justice systems can be in bridging the gap for accountability for serious international crimes. Having analyzed the mandate of the formal justice mechanisms, the study found that despite these mechanisms making great strides in ensuring there is accountability, they face inherent challenges and limitations due to their mandate that limits them to prosecute only the major perpetrators of crimes, with a large number remaining who are not prosecuted. The study advocates for a more holistic approach to justice that combines both the formal judicial systems and traditional justice systems. The study also explores the role of traditional justice systems applied in Rwanda, Uganda and Mozambique and draws key lessons on how these traditional justice systems can be applied to bridge the gap for accountability for serious international crimes. Finally, the study recommends inter alia, establishing a framework for traditional justice systems to address serious international crimes and underscores the need for capacity building within this framework.