Transformative Justice to overcome the Roadblock created by Transitional Justice: The Case of Nepal

Accountability has always been a major issue in the transitional justice process in post-conflict settings. It is not only difficult to prosecute the offenders of war-era human rights violations those are in power now, but it is also hard to make decisions as the peace (negative/positive) has been achieved only as they chose a peaceful path. Societies, acknowledging that often hesitates to take actions to hold the perpetrators accountable. However, the victims and the national and international human rights workers always want to see the offenders behind bars. This creates a tension between those who want prosecution and those who seek a way to elude it. The majority of the transitional justice scholars believe that the mixture of retributive and restorative justice can help to move ahead from such complications. Nevertheless, there is no such well-established framework until now to guide the post-conflict justice process. Therefore, building on the theory of conflict transformation, this study will attempt to identify a workable framework of transformative justice that comprises both, restorative and retributive measures. Nepal, the country that completed many of the peace processes in its decade-long transition after a decade of civil war, is now stuck on the issue of transitional justice. From the perspectives of transformative justice, this study will try to seek a solution for Nepal which will also be a significant contribution to the post-conflict justice discourse.