Prosecution or Impunity? Is There an Alternative?

Abstract

International law stipulates states have a duty to prosecute individuals alleged to have committed or were in some way involved in gross violations of human rights. States also have the option of granting impunity to those individuals as a precondition to peace. Herein predicaments abound, do states seek ‘justice’ and prosecute or grant impunity in the name of ‘reconciliation’. Are there alternatives? This paper presents arguments for and against both camps. To do so the case study of Uganda and the ICC’s involvement therein is utilized. In short this paper aims to answer the question of whether impunity acts as a barrier to lasting peace or is it a crucial prerequisite.

Keywords: Impunity, International Law, Human Rights