Explaining the Model of Restorative Justice in Addressing War Crimes Against Women and Children within the Framework of Human Rights

Abstract

War crimes against women and children constitute one of the gravest forms of violations of human rights and international humanitarian law, producing not only physical harm but also deep psychological, social, cultural, and identity-related consequences for victims. Although international criminal law has developed mechanisms for prosecuting perpetrators and combating impunity, practical experiences demonstrate that conventional criminal justice alone cannot adequately respond to the multidimensional needs of women and child victims of war. This study adopts an analytical-descriptive approach grounded in international criminal law, human rights law, and restorative justice theory to examine the capacities and challenges of restorative justice in addressing war crimes against women and children. The findings indicate that restorative justice can complement the limitations of punitive justice by emphasizing victim recognition, reparations, participation in justice processes, reconstruction of social relationships, psychological and social rehabilitation, and guarantees of non-repetition. The study further demonstrates that the implementation of restorative justice in this field requires adherence to fundamental principles such as victim-centeredness, protection of human dignity, gender sensitivity, child-centered approaches, voluntary participation, and preservation of criminal accountability for principal perpetrators. The article concludes that an integrated model combining criminal justice, restorative justice, and human rights principles can provide a more effective response to war crimes against women and children while contributing to the human and social reconstruction of war-affected societies.