Reconciliation commissions have been established to address past injustices and gross human rights violations and to create a conducive environment for societies to transition towards more inclusive and peaceful societies. Since such institutions are by their very nature temporal bodies and can cease to function after a fixed period of time irrespective of whether the democratic transitions have been consolidated. How can the effectiveness of such bodies be measured in the post-commission period?

This article argues that African states consider extra-territorial prosecution (Universal Jurisdiction) like the African Peer Review Mechanism (APRM) model that fosters self-monitoring. The APRM mechanism advances self-assessment for good governance through the strengthening of economic, social and corporate governance.

The peace versus justice debate is said to create a dilemma of two mutually exclusive agendas. Whereas one is meant to focus on the criminal prosecution of political and military elites who facilitated the perpetration of human rights violations either through malicious actions or interested omissions, the other aims at reaching a settlement, often in the form of a peace agreement, between all parties involved. Both of these approaches have their detractors, as the justice road seems to be prone to allow the resurgence of violence and that of peace to allow for blanket impunity.

Dialogue, an inclusive process that brings together a diverse set of voices provides a platform where people not only talk, but they think and communicate with one another acknowledging each other’s presence and experience. Unlike other forms of interaction, dialogue requires self-reflection, a spirit of inquiry, active participation and the openness to listen and acknowledge the other.

Rape and other forms of sexual violence during conflict are prohibited under international humanitarian law and are punishable under international criminal law. Although sexual violence is prohibited against all categories, the practice of different tribunals has been that sexual violence against women and girls is more commonly prosecuted. Yet sexual violence against men is not uncommon, in present day and past conflict affected countries and has been documented in countries including the Democratic Republic of Congo, the Central Africa Republic, South Sudan, Burundi and Uganda but has been often under recognized and suffered a lack of legal accountability mechanisms, with the perception that men are more often the perpetrators and less the victims.

Documentation is an essential facet of human rights activism and is a prerequisite for achieving unbiased and effective transitional justice mechanisms. While some transitional justice initiatives may only be possible after conflict, for example, reparations, others can begin initiated much earlier. Civil society engagement at every stage of the transitional justice process is therefore very crucial.