Prosecuting ‘Crimes Against Humanity’ During Peacetime: A Practical Conundrum

Mr. Vibhas Agarwal, B.B.A. LL.B. (H), Amity University, Noida.

ABSTRACT:

The prosecution of "Crimes Against Humanity" (CAH) traditionally conjures up images of wartime atrocities. However, the application of the CAH principles in peacetime poses a complex and nuanced challenge to legal systems around the world. This brief explores the practical conundrum of prosecuting CAH during periods of peace, examining the legal, ethical and logistical dilemmas that arise. It delves into the definition and scope of the CAH in the context of peacetime settings, considering the adequacy of existing legal frameworks, the role of international courts, and the challenges of gathering evidence and ensuring fair trials. Additionally, it discusses the potential impact of prosecuting CAH during peacetime on reconciliation, justice, and social healing. Through a multidisciplinary approach, this brief sheds light on the complexities and implications of seeking accountability for serious human rights violations when the guns fall silent.