International Human Rights

ABSTRACT Armed conflict, either internationally or internally, has ca intaked great sufferings to the victims and hostelry as a whole. It constitutes a situation where the rule of law is abstracted and human rights ar no longer respected. Even though diverse preventive endeavours have been campaigned and implemented by the international community, the occurrences of build up conflicts are still inevitable due to political fluxes and fractions or disputes over power, which prove that preventive measures alone are not enough.This grave situation calls for the usance of transitional justice to tackle the repercussions of armed conflicts in endure conflicts situations, which in the long run can enhance the preventive measures in preventing the re-occurrences of armed conflict. However, the execution of instrument of transitional justice in post conflict situations showed to be problematic due to various factors. The most prominent factor that impedes the implementation of trans itional justice is the preference of States in applying realpolitik and amnesty laws to perpetrators of megascopic human rights violations in order to gain political stability.In responding to this problem, it is of the imprint of this thesis that at a lower place international law, accountability for gross human rights violations should preserve to be the main purpose of transitional justice in implementing its approaches to set in motion justice and peace in post conflict situations. Based on that point of view, this thesis is aimed to discuss the implementation of transitional justice in post conflict situations in general.Firstly, it will discuss the implementation of transitional justice approaches over the history to come to terms with past atrocities and to grant a new starting ground for society in post conflict situations. Secondly, the thesis will also hold a banter about transitional justice under the framework of international law, curiously on the relation betwe en the concept with international human rights law, international humanitarian law and international criminal law.Lastly, this thesis will use a study case from Indonesia concerning post conflict situations in Aceh and Papua afterward the downfall of the New Order regime in 1998 as a testing ground to apply the analyses on transitional justice approaches under the framework of international law and to asses the problems occurred in implementing transitional justice approaches in Aceh and Papua.