Document Type : Article


1 Associate Prof., Faculty of Law, Qom University, Qom, Iran

2 Ph. D in public international law, Qom University, Qom, Iran


In war-torn societies, there has always been controversy about peace-making on one hand, and providing justice on the other hand. Proponents of peace argue that the pursuit of justice and accountability will only intensify the conflict, while proponents of justice argue that lasting peace is not possible without justice. The essential question is what is the relationship between peace and justice? Is the perception of incompatibility of peace and justice stemmed in reality or is it due to a misconception? The present article will argue that the perception of conflict between peace and justice is fundamentally incorrect. Peace is more than an immediate cessation of violence, and justice goes beyond punishment. Ultimately, there is an interaction between peace and justice, as justice is the basis for consolidating peace after conflict in war-torn societies. Therefore, both peace and justice must be achieved in such societies because a justice-oriented approach can provide an opportunity to foster and maintain lasting and comprehensive peace. However, it can also be said that each conflict has its own unique characteristics, and therefore, it is not possible to take a single approach to all non-international conflicts. The use of library data and international instruments and practice in the framework of a descriptive-analytical research, has helped us prove the utility and effectiveness of this approach.


  1. A) Books
  2. Kushleyko, Anastasia (2015), Accountability v. Smart Amnesty in the Transitional Post-Conflict Quest for Peace, A South African Case Study, Current Issues in Transitional Justice, Springer Series in Transitional Justice.
  3. Minow, Martha (1998), Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence, USA: Beacon Press.
  4. MarkazMalmiri, Ahmad, (2015), Rule of Law: Concepts, Foundations and Perceptions, Tehran: Islamic Consultative Assembly, Research Center (In Persian).
  5. Porter, Elizabeth (2015), Connecting Peace, Justice and Reconciliation, London: Lynne Rienner Publishers, Inc.
  6. Renée, Jeffery, (2014), Amnesties, Accountability, andHuman Rights, Philadelphia: University of Philadelphia Press.
  7. Sander, Barrie (2017), The Human Rights Agenda and The Struggle Against Impunity, Lawfare Book Review Series, Review of Karen Engle, Zinaida Miller and D.M. Davis (eds.), Anti-Impunity and the Human Rights Agenda, Cambridge.


  1. B) Papers
  2. Abbasi, Bizhan; Yaghoubi, Reza (2020), “The Concept of Law in the Thoughts of Adviser to the State”, Quarterly Journal of Public Law Studies, Vol. 50, No. 1, pp. 39-56 (In Persian).
  3. Akhavan, Payam (2009), “Are International Criminal Tribunals a Disincentive to Peace? Reconciling Judicial Romanticism with Political Realism”, Human Rights Quarterly, Vol. 31, No. 3, pp. 624-654.
  4. Athari, Seyed Sadollah; Mousavi, Seyed Mohammad Reza; Bakhshi Taliabi, Ramin (2012), “Recent Threats to Peace and Peace-Building Tools to Counter Threats”, Quarterly Journal of Political Studies, Fifth Year, No. 17, pp. 117-142 (In Persian).
  5. Bassiouni, M. cherif (1996), “Searching for Peace and Achieving Justice: The Need for Accountability”, Law and Contemporary Problems, Vol. 59, No. 4, pp.9-28.
  6. -------------------------- (2003), “Justice and Peace: The Importance of Choosing Accountability Over Realpolitik”, Case Western Reserve Journal of International Law, Vol. 35, No. 2, pp. 191-204.
  7. --------------------------- (2016), “Searching for Peace and Achieving Justice: The Need for Accountability”, Law and Contemporary Problems, Vol. 59, No. 4, pp.9-28.
  8. Bratt, Duane (1999), “Peace over Justice: Developing a Framework for UN Peacekeeping Operations in Internal Conflicts”, Global Governance, Vol. 5, No. 1, pp. 63-81.
  9. Byers, Michael (2000), “Pinochet's Lawsuit of Law and Politics”, Translated by Mohammad Javad Mirfakhraei, Legal Journal, Journal of the International Legal Services Office of the Islamic Republic of Iran, No. 25, pp. 85-125 (In Persian).
  10. Clark, Janine Natalya (2008), “the three Rs: retributive justice, restorative justice, and reconciliation”, Contemporary Justice Review, Vol. 11, Iss. 4, pp.331-350.
  11. Hosseini, Latife and NarguesSadat Hosseini, (2018), “Peacebuilding and Human Rights”, the first international conference on peace research, Kish Island, pp. 661-646 (In Persian).
  12. Jallow, Hassan (2009), “Justice and the Rule of Law: A Global Perspective”, the International Lawyer, Vol. 43, No.1, pp.77-81.
  13. Kadkhodai, Abbasali; Abbasian, Mahboubeh (2020), “Theoretical foundations of economic justice in the light of efficiency in the Constitution of the Islamic Republic of Iran”, Quarterly Journal of Public Law Studies, Vol. 50, No. 1, pp. 1-21 (In Persian).
  14. Karimi, Mahdi; Hafeznia, Mohammadreza (2015), “Explaining the role of local government in peacebuilding”, Geopolitical Quarterly, Vol. 14, No. 3, pp. 1-30 (In Persian).
  15. Kerr, Rachel (2007), “Peace Through Justice? the International Criminal Tribunal for the Former Yugoslavia”, Southeast European and Black Sea Studies, Vol. 7, No. 3, pp. 373–85.
  16. Koohkan, AliReza (2016), “Islamic Revolution and the spread of peace”, Political Thought in Islam, No. 10, pp. 7-27 (In Persian).
  17. Kritz, Neil. J. (1997), “Coming to Terms with Atrocities: A Review of Accountability Mechanisms for Mass Violations of Human Rights”, Law and Contemporary Problems, Vol. 59, No. 4, pp.127-152.
  18. Mallinder, Louise; McEvoy, Kieran (2011), “Rethinking amnesties: atrocity, accountability and impunity in post-conflict societies”, Contemporary Social Science, Vol. 6, No. 1, pp.107-128.
  19. Nicholas, Waddell; Clark, Phil (2008), “Courting Conflict? Peace, Justice and the ICC in Africa, Meeting Series Report”, The Royal African Society, pp. 1-84.
  20. Razzaqi, Abdollah; Shayegan, Farideh, (2020), “The concept of international solidarity and its impact on the structure of modern international law”, Quarterly Journal of Public Law Studies, Vol. 50, No. 4, pp. 1441-1461 (In Persian).
  21. Rostami, Vali; Ghobadi, Hossein (2018), “Distributive justice, efficiency and termination of employment contract”, Quarterly Journal of Public Law Studies, Vol. 48, No. 1, pp. 56-83 (In Persian).
  22. Scharf, Michel.P. (1999), “The Amnesty Exception to the Jurisdiction of the International Criminal Court”, Cornell International Law Journal, Vol. 32, Iss. 3, pp.507-527.
  23. Schuett, Oliver (1997), “The International War Crimes Tribunal for Former Yugoslavia and the Dayton Peace Agreement: Peace Versus Justice?” International Peacekeeping, Vol. 4, No. 2, pp. 91–114.
  24. Sooka, Yasmin (2006), “dealing with the past and transitional justice: building peace through accountability”, International Review of the Red Cross, Vol. 88, No.862, pp.311-325.
  25. Sriram, C. Lekha (2007), “Justice as Peace? Liberal Peacebuilding and Strategies of Transitional Justice”, Global Society, Vol. 21, Iss. 4, pp.579-591.
  26. Sriram, C. Lekha; Martin-Ortega, Olga; Herman, Johanna, (2019), “Evaluating and Comparing Strategies of Peacebuilding and Transitional Justice”, Centre on Human Rights in Conflict, pp. 1-36.
  27. Tabibzadeh, Pouneh; Eslami, Reza, (2018), “The effect of restorative justice on the realization of the macro goals of transitional justice”, Quarterly Journal of Criminal Law Research, Year 6, No. 23, pp. 213-247 (In Persian).
  28. Teitel, Ruti. G. (2010), Transitional Justice Genealogy, Harvard Human Rights Journal, Vol. 16, pp.71-93.
  29. Vinjamuri, Leslie “Deterrence, Democracy, and the Pursuit of International Justice”, Ethics & International Affairs, Vol. 24, Iss.2, pp.191-211.
  30. Zakerian, Mahdi; MirEmadi, SeyedRazi (2016), “Causes of failure in the application of transitional justice mechanisms and its impact on political unrest in post-Gaddafi Libya”, Quarterly Journal of Political and International Approaches, Year 7, No. 45, pp. 70-92 (In Persian).
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  1. C) Document
  2. Draft articles on Responsibility of States for Internationally Wrongful Acts, with commentaries, (2008), Report of the International Law Commission on the work of its fifty-third session, United Nations.
  3. Final Record of the Diplomatic Conference of Geneva of 1949, Vol. II-B, pp. 1-540.
  4. United Nations Office of the Special Adviser on Africa and Government of the Democratic Republic of Congo, “Overview DDR process in Africa”, Issue Paper, Second International Conference on DDR and Stability in Africa, Kinshasa, Democratic Republic of Congo 12-14, (2007), pp. 1-26.
  5. United Nations, General Assembly resolution, “Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law”, UNDoc GA/2005/60/147, (2005).
  6. United Nations, Report of the Secretary-General, “The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies”, UNDoc S/2004/616, (2004), 1-24.