Columbia International Affairs Online: Working Papers

CIAO DATE: 02/2010

Nepal: Peace and Justice

January 2010

International Crisis Group

Abstract

Failure to address the systematic crimes committed during Nepal’s ten-year civil war is threatening the peace process. There has been not a single prosecution in civilian courts for any abuses. The cultures of impunity that enabled the crimes in the first place have remained intact, further increasing public distrust and incentives to resort to violence. The immediate priorities should be prosecutions of the most serious crimes, investigation of disappearances and action to vet state and Maoist security force members. There are tensions between the pursuit of justice and the pursuit of peace. An absolutist approach to accountability for past abuses is impossible in practice and could obstruct the compromises needed to bring formerly warring parties together to forge a stable political settlement. But tackling impunity and improving accountability has a direct and acute relevance to managing Nepal’s fractious transition. Unaccountable and heavy-handed security measures by a state with weak legitimacy have escalated conflict before and threaten to do so again.