ABSTRACT

This chapter highlights some key learning points that can be drawn from the International criminal justice intervention in northern Uganda. International criminal justice as applied in transitional situations operates within the conceptual framework of classical notions of justice, according to which the criminal should be punished according to the rule of law, following a due process of the law but sharply distinct from the ordinary conception of justice. This elicits the question on whether the work of transitional justice requires revision of the basic principles of justice or is it more concerned with a modest inquiry into appropriate institutional arrangements to achieve peace. Transitional justice practice and scholarship should seek to constitute transitional justice in terms of its moral, political and legal components. Transitional justice needs, therefore, to shift towards a more holistic approach of transformative restoration such as protecting peace, security and the human rights of individuals.