Courts such as the International Criminal Court (ICC) contribute to post-conflict justice by prosecuting individuals for international crimes, documenting wrongdoing and ordering reparations. However, they depend on state cooperation and cannot create reconciliation alone.
The ICC prosecutes genocide, crimes against humanity, war crimes and aggression. Through retributive justice, convictions assign individual responsibility rather than collective blame and challenge impunity. This may strengthen the legitimacy of international law and post-conflict institutions.
Under complementarity, national courts retain primary responsibility; the ICC acts only when states are genuinely unwilling or unable to investigate or prosecute. This can encourage domestic legal reform while recognizing state sovereignty, but disputes over jurisdiction remain.
| Contribution | Mechanism and evidence |
|---|---|
| Accountability | Trials establish individual responsibility. In 2021, the ICC convicted Dominic Ongwen for crimes committed in northern Uganda. |
| Recognition | Proceedings formally record victims' experiences and support truth-telling and historical memory. |
| Reparations | In February 2024, the ICC ordered approximately EUR 52.4 million for nearly 50,000 victims in the Ongwen case. Confirmed on appeal in April 2025, the award included symbolic payments and rehabilitation programmes. |
| Deterrence | Prosecutions reinforce the norm that political or military authority does not ensure immunity. |
| Limits | The ICC has no police force and relies on states for arrests, evidence and enforcement. Selective cooperation weakens effectiveness and legitimacy. |
A common misconception is that criminal trials automatically produce reconciliation or positive peace. Courts punish perpetrators and recognize victims, but they cannot alone remove structural violence, rebuild institutions or repair relationships. Truth commissions, domestic reforms and community initiatives may therefore be necessary.
In an SL or HL response on Peace and Conflict, apply the command term precisely. For evaluate, weigh accountability, victim recognition and norm-setting against enforcement, jurisdiction and sovereignty constraints, then reach a supported judgment using the Ongwen case. Link the analysis to power, sovereignty, legitimacy or interdependence.