Introduction

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book highlights the importance of equality of access and application of justice, with “fairness to all members of the community.” It argues that the power dynamics inherent in the ICC mean that justice is not applied equally. The book shows that transitional/post-conflict situations are likely to be characterized by a multiplicity of views on how best to approach implementing justice for violations of human rights. It illustrates what are vexing tradeoffs, including the moral, ethical and practical ambiguities surrounding human rights and justice. The book identifies tensions in understandings of human rights and justice, as well as concrete implementations of access to justice. Implementing human rights and justice frequently requires political and legal actors to make specific decisions and provide specific resources to formally bring into reality a specified range of established rights.