Analyzing victims’ rights during post-conflict: international law and current international experience in solving the peace-justice overlap

The text explores the complex relationship between peace-building and justice in post-conflict societies, specifically focusing in the so called “peace-justice overlapping”. In essence, the text argues that finding a balance between peace-building and justice is a critical challenge in post-conflict societies. It highlights the importance of victim-centered approaches and emphasizes the need for innovative solutions that address the complex needs of all stakeholders. The text concludes: this "overlap" is a constant factor in decision-making, and that the term "post-conflict" itself signifies more than just a temporal period. While TJ mechanisms are considered preferable to past approaches (like blanket amnesties), they have limitations. The focus often leans towards punishment, potentially neglecting the rights and needs of victims and highlights the importance of a "concert" of approaches, including truth commissions, reparations, and institutional reform. Victims' Rights in International Law: Historically, international law has prioritized the punishment of perpetrators over the rights of victims and the Rome Statute of the ICC marked a significant step forward in recognizing victims' rights, including the right to reparation, however, challenges remain in ensuring that these rights are effectively implemented and that victims are not merely treated as witnesses. Regional courts, particularly the Inter-American Court of Human Rights, have played a crucial role in developing jurisprudence on victims' rights in post-conflict settings, this includes establishing limitations on amnesties, defining the scope of reparations, and emphasizing the importance of victim-centered approaches. The European Court of Human Rights has also made progress, particularly in areas like property rights and restitution. The text distinguishes between "historical truth" (aimed at informing society and victims) and "judicial truth" (aimed at criminal accountability) it emphasizes the need to reconcile these different forms of truth and utilize truth commissions effectively to address the needs of victims.