Non-State Armed Groups in Transitional Justice Processes Adapting to New Realities of Conflict

Abstract

This article explores the opportunities and challenges that arise in involving non-state armed groups in transitional justice mechanisms. It is argued that finding ways to better address the collective responsibility of non-state armed groups, ensuring that individuals have a legal right to reparation when their rights are violated by these actors, and establishing a degree of ownership in justice processes of non-state armed groups are essential steps to be taken. The analysis in this chapter focuses on legal argumentation. It also reflects operational and policy considerations, but should be considered as an invitation for further discussion rather than providing for definite answers.

Keywords: non-state armed groups, transitional justice, impunity, international humanitarian law, international human rights law