Adequacy of Truth Commissions as Alternative to Criminal Prosecution: A Discourse

International Journal of Research and Innovation in Social Science (IJRISS) | Volume III, Issue IX, September 2019 | ISSN 2454–6186

Adequacy of Truth Commissions as Alternative to Criminal Prosecution: A Discourse

Emmanuel Agu Enna¹, Augustine Mogom Idom²

¹Centre for General Studies, Federal University of Lafia, Nigeria
²Department of Sociology, Federal University of Lafia, Nigeria

Abstract:-Despite the existence of criminal prosecution in tackling international crimes, other means of resolving international crimes has not been a thing of concern. Whereby, you find every aggrieved individual or society still approaching the international criminal court and seeking redress of an international crime committed against an individual or society. This paper examined what truth commissions are, the cases handled by truth commissions over the years, and also discusses the advantages and disadvantages of truth commissions. It also discusses the achievements recorded by truth commissions and compares the gains of criminal prosecution. It further examined the roles played by the international criminal court in handling cases brought before it. The study established that, most transitional periods or governments where heinous international crimes have been committed have opted to the use of both truth commissions and criminal prosecution in fact-finding and determination of the truth.

Keywords: International Criminal Court; Criminal Prosecution; Truth Commissions, International law, Crimes

I. INTRODUCTION

This paper is aimed at finding out whether or not truth commissions can stand as an alternative to criminal prosecution, most especially in the implementation of international criminal law. It tries to provide a general overview of the positive and negative features of both truth commissions and criminal prosecution. Furthermore, in a bid to achieve the aims of this study two cardinal principles are to be discussed which include; truth commissions and criminal prosecution.
This study examines past truth commissions and their findings or recommendations and how they have helped in the evolution of international criminal law. Consequently, it aims at finding out whether or not truth commissions can stand in place of or substitute criminal prosecution in international criminal law, or whether the two principles as have been adopted in some jurisdictions can be improved upon in establishing serious international crimes.

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