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Comparative justice systems in conflict zones

Comparative Justice Systems in Conflict Zones

23 April 202518 April 2025 Eve SmithResearch and Publications

In places affected by conflict, the justice system becomes more than a set of laws and courts. It becomes a mirror of power, access, and trust. For communities caught in long-term struggles, justice can feel distant or even hostile. In these zones, systems that are supposed to protect people often fail, or worse, become tools of oppression. Comparing how justice functions across different conflict zones helps us understand what communities are facing, what tools they use to survive, and what possibilities exist for more fair and humane models.

This topic matters because justice is not abstract. It shapes lives in real ways. It determines who gets to speak, who is punished, and who has the right to defend themselves. In Palestine, for example, the legal experience under occupation is vastly different from that of settlers or foreign citizens. Understanding how this plays out alongside other conflict zones around the world offers a deeper look into how systems work—or don’t—under pressure.


Understanding the Purpose of Justice Systems in Conflict

In peaceful settings, courts, laws, and law enforcement are expected to create order, solve disputes, and protect rights. But in conflict zones, these goals are often distorted. The justice system may be divided between occupying forces, local authorities, tribal leaders, or international bodies. Each may claim legitimacy, but not all serve the people equally.

In some regions, formal courts are weak or inaccessible. People may turn to community leaders or unofficial courts to resolve disputes. In others, military courts take over civilian cases. This shift changes the nature of justice entirely. Trials can happen without full legal protections, and sentences may be harsher than usual. These systems often reflect the priorities of power rather than the needs of the population.

Looking at different regions—such as occupied Palestine, parts of Afghanistan, or South Sudan—reveals how complex these systems become. In many cases, people are forced to navigate multiple legal structures at once. This makes justice harder to reach and less predictable.


Military and Civilian Courts: A Divide in Experience

One of the clearest examples of a justice divide is in the use of military courts for civilians. In Palestine, many Palestinians arrested in the West Bank are tried in Israeli military courts. These courts operate separately from civilian courts and have different procedures. Children as young as twelve may face military judges. Access to legal counsel may be delayed, and trials may rely heavily on confessions, sometimes obtained under pressure.

In contrast, Israeli settlers in the same territory are subject to civilian law. This means different treatment for people living under the same rooflines or along the same roads. This dual system raises serious questions about equality before the law.

Other regions show similar patterns. In regions of Myanmar or in some contested areas of Kashmir, military courts have also played a role in civilian cases. The results are often a lack of transparency, higher conviction rates, and fewer protections for defendants. These conditions make justice feel out of reach and create long-term mistrust between people and institutions.


Customary and Informal Justice

In the absence of strong state institutions, many communities rely on customary or tribal systems to settle disputes. These systems are based on tradition, not codified law. They often involve elders, community representatives, or religious leaders who mediate conflicts.

In parts of Somalia, traditional justice systems operate alongside state courts. People may prefer these forums because they are quicker, more accessible, or better aligned with local values. However, these systems can also reflect existing social hierarchies. Women, minorities, or youth may have less voice in proceedings. This makes them both a source of support and a space of struggle.

Palestinians also rely on community-based justice when access to formal courts is blocked. In Gaza, some neighborhood councils help resolve land disputes or family issues without going through the courts. These systems are not perfect, but they reflect a deep culture of problem-solving and care.


The Role of International Law and Human Rights

International bodies often step in during or after conflict to restore justice or document abuses. War crimes tribunals, human rights courts, and peacekeeping missions bring global attention to local violations. These efforts can be meaningful, especially when they bring recognition to victims or hold leaders accountable.

However, these processes are often slow and selective. Not all cases reach international courts. Political alliances and global interests sometimes influence which conflicts receive attention. For many communities, justice delayed becomes justice denied.

The International Criminal Court, for instance, has received criticism for being inconsistent in how it selects cases. In the Palestinian context, ongoing investigations into crimes committed in the occupied territories have sparked both hope and skepticism. People want accountability, but they’ve seen how slow and complicated the path can be.


Building Justice from the Ground Up

Despite these challenges, communities in conflict zones continue to imagine and practice new forms of justice. Restorative justice models, community dialogue, and youth-led initiatives are all part of this work. These efforts may not always look like formal trials, but they carry deep meaning.

Restorative approaches focus on healing harm rather than punishing it. They allow victims and offenders to speak, acknowledge pain, and look for ways to move forward. In conflict-affected areas, these methods can be more responsive to the needs of those involved. They make space for accountability without reinforcing the cycle of violence.

Palestinian youth groups, legal aid centers, and women’s organizations have all played a role in promoting justice that is rooted in care and equality. They offer legal education, support for detainees, and advocacy for legal reform. These local actions often do more to build trust than large institutions.


Comparing Justice to Reimagine What’s Possible

When we compare justice systems in conflict zones, we’re not just looking at statistics. We’re asking who gets to speak, who gets heard, and what kind of future is being built. Each system reflects the power dynamics on the ground. Some offer a chance at fairness. Others reinforce exclusion and fear.

The goal of comparison is not to rank suffering, but to understand patterns. Why are some systems more participatory? What makes some more responsive to community needs? How can international support align with local leadership?

For advocates, legal workers, and affected communities, these questions help shape strategies for the future. Whether it’s documenting abuses, challenging unfair laws, or creating alternatives, the work of justice continues even when institutions fall short.

Justice in conflict zones will never look simple. But the comparisons show us that new paths can be carved. With the right support, communities can protect their rights, build accountability, and keep the idea of fairness alive—no matter how complex the environment may be.

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