Prosecution of Governmental Figures: An Obstacle in the Path to Peace

Abstract

Amongst numerous conflicts in the status quo that have devastated economies and resulted in massive human life losses, international criminal law must turn away from the hollow principles of justice and accountability; instead, an alternative of impunity and peace is preferable. This paper challenges the traditional notion that government officials who lead and are responsible for crimes recognized by the International Criminal Court (ICC) should be prosecuted by said committee. It will explore how prosecution hinders the functionality of peace processes and negotiations while analyzing its impact on the incentive for leaders to intensify and prolong conflicts. Lastly, this paper suggests an alternative to impunity through mechanisms such as establishing Truth and Reconciliation Commissions and blanket amnesties as a more sustainable option to maintain peace. Justice cannot come without consensus, which is a prerequisite to justice.