ABSTRACT
In this chapter, international criminal law (ICL) is considered as part of a larger transitional justice discourse where it plays a significant role in the context of radical political transformations and societies emerging from violent conflict. Transitional justice is a distinct field of theory, research and practice which has emerged and developed significantly primarily since the end of the Cold War. Scholars and practitioners have more recently included such peacebuilding processes as security sector reform (SSR) and disarmament, demobilisation and reintegration (DDR) linked to development as part of the transitional justice agenda. Following the end of the Cold War, the international community increasingly prioritised Western-style criminal trials to prosecute war crimes, genocide and crimes against humanity. The Arusha Peace and Reconciliation Agreement of 2000, which contributed to ending the civil war in Burundi, called for the establishment of transitional justice mechanisms including both a Truth and Reconciliation Commission (TRC) and a tribunal for prosecuting past mass human rights violations.
