ABSTRACT
Judges of domestic courts have judicial responsibility to conscientiously and strenuously scrutinize what happens after unconstitutional usurpation of power of government. They must uphold fundamental rights and freedoms and punish crimes committed by the usurper and the regime installed by the coup. In this connection, the judges must abide by international legal obligations binding upon their country under treaties and customary international law as well as bear in mind the developments elsewhere that set best practices or international standards for them to follow. The judgment of the post–Second World War US Military Tribunal in the Justice case is illustrative of how judges could be held criminally liable for their respective judicial roles in a repressive regime. The chapter also critically examines the issue of prosecuting aged defendants and the perspective of female victims in the process of inclusive gender and victims-oriented transitional justice. It concludes by suggesting the current coup d’état contagion effect or copycatting can be halted by judges ending the impunity of usurpers and those working to sustain their repressive regimes.
