ACCOUNTABILITY FOR WAR CRIMES IN NON-INTERNATIONAL ARMED CONFLICTS: EMERGING CHALLENGES

Abstract

Non-international armed conflicts (NIACs) have become the dominant form of contemporary warfare, yet accountability for war crimes committed in these contexts remains inconsistent and often ineffective. While international humanitarian law (IHL) criminalises serious violations 
arising in NIACs, enforcement is frequently undermined by legal, institutional, and practical barriers. This article critically examines the evolving framework for accountability and interrogates the challenges that impede its effective implementation. Its primary objective is to evaluate the adequacy of existing mechanisms and identify both normative and operational gaps that hinder the realisation of justice. The study adopts a doctrinal and qualitative methodology, drawing on treaty interpretation, customary IHL, and relevant international and domestic 
jurisprudence, including developments under the Rome Statute of the International Criminal Court. Selected contemporary NIACs are used illustratively to situate the analysis within realworld contexts. The article finds that despite the progressive expansion of war crimes applicable 
to NIACs, accountability is constrained by jurisdictional limitations, difficulties in attributing responsibility to non-state armed groups, evidentiary challenges, political interference, and tensions between peace processes and criminal prosecutions. These factors collectively 
perpetuate impunity, particularly at the domestic level. The article recommends strengthening domestic legal frameworks in line with international standards, enhancing cooperation between national and international mechanisms, clarifying modes of liability for non-state actors, and restricting the use of amnesties for international crimes. It concludes that a more integrated and context-sensitive approach is essential for ensuring meaningful accountability.