Obstacles of Accountability & Transitional Justice
Transitional justice plays a crucial role in addressing the impacts of gross human rights violations and international humanitarian law in conflict and post-conflict societies. This is achieved through judicial and non-judicial measures, either international or local, aimed at holding perpetrators accountable and imposing appropriate sanctions, thereby enhancing victims' reassurance and achieving both general and specific deterrence.
However, the implementation of these measures faces numerous legal, political, security, economic, and social challenges, with legal obstacles being among the most significant barriers that prevent effective accountability and contribute to the perpetuation of impunity.
This study aims to address the key obstacles and loopholes exploited by perpetrators to evade accountability, and to explore the best ways to
mitigate their impact and achieve justice.
This blog summarizes the peer-reviewed scientific research titled “Legal Obstacles to Criminal Accountability for Human Rights Violations in Yemen,” which was published in the “Al-Manara Journal for Legal and Administrative Studies.”
The research, prepared by Yemeni Judge Mohammed Hammoud Al-Hittar, highlights the main legislative and legal challenges that hinder the prosecution of perpetrators of human rights violations in Yemen, while offering practical suggestions and solutions to improve the existing legal framework. The research provides an analytical view of a set of factors that contribute to impunity and hinder the achievement of justice in the context of transitional justice.
The Importance of Criminal Accountability and Transitional Justice:
· Transitional justice aims to address human rights violations during conflicts and achieve reconciliation by prosecuting those responsible for crimes.
· Legal, political, and security challenges hinder the achievement of these goals, thereby reinforcing impunity.
The Main Obstacles to Criminal Accountability:
1. Objective Obstacles:
• Amnesty and Immunities: Governments often use amnesty tools to prevent the prosecution of those responsible for violations, weakening the effectiveness of transitional justice.
• Political Influence on the Judiciary: The lack of judicial independence hinders the prosecution of those involved in crimes.
• Exploitation of Repentance: Granting exemptions from penalties in cases of confession may reduce deterrence and reinforce impunity.
2. Procedural Obstacles:
• Statute of Limitations: The statute of limitations disrupts prosecution after certain periods, allowing offenders to escape punishment.
• Asylum and Refusal to Extradite: Granting asylum to perpetrators of crimes complicates their international prosecution, in addition to some countries’ refusal to cooperate in extradition.
The Role of Amnesty and Immunities in Weakening Accountability:
· Immunities and amnesties pose a major obstacle to achieving justice, as they are granted to government and military officials in the context of political deals.
· These measures conflict with international obligations to combat impunity and ensure victims’ rights to redress.
Conclusions and Recommendations:
• The research recommends strengthening judicial independence and reducing political interference.
• The need to develop legislation that prevents the misuse of amnesty and immunities.
• Strengthening international cooperation to ensure that offenders do not escape punishment, while ensuring that serious crimes are not subject to the statute of limitations.
The research highlights the obstacles to effective criminal accountability in Yemen and proposes strengthening judicial and legislative reforms to achieve justice. It emphasizes the importance of addressing impunity by adopting effective mechanisms that ensure justice and redress for victims.
🔗 The Full Copy of the research available only in Arabic Here
