Nepal

The relationship between transitional justice mechanisms and the criminal justice system

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I. INTRODUCTION

  1. It has recently been enunciated in Nepal in a number of social, political and legal fora that accountability for conflict related human rights and international humanitarian law violations and abuses cannot be undertaken by the regular judicial system, and rather falls in the purview of transitional justice mechanisms. This position may be the result of imprecise information regarding transitional justice mechanisms that have been established elsewhere or from an erroneous interpretation of commitments and obligations ensuing from the Comprehensive Peace Accord (CPA) and the Interim Constitution that have given guidance to Nepal's peace process. At worst, it could be perceived as a deliberate attempt to further perpetuate impunity for violations committed during the armed conflict.