When organised crime becomes an atrocity crime: Adopting a transitional justice framework

Briefing NoteResearch Paper

6 Jul

Written By Lyndsey Hand

July 2026

Research Paper 43

Briefing Note 53

Huma Haider (Independent)

SOC ACE Project: Addressing organised crime through a Transitional Justice framework

PUBLICATION SUMMARY

This research explores the applicability and utility of applying a transitional justice framework to address large-scale violence perpetrated or supported by organised crime and criminal actors.

In ‘grey zones’ where the boundaries between atrocity crimes and criminal enterprise blur, traditional law enforcement models, often adopted in countering organised crime, can have their limits. This paper suggests that in situations where organised crime crosses the line into an atrocity crime or contributes to its commission, the application of transitional justice is warranted under international law. Further, transitional justice can offer a comprehensive and human rights-based approach and toolkit that could better meet the needs of victims of organised crime and human rights abuses than under a strict law-and-order approach. This includes attention to uncovering truths and restoration of dignity through acknowledgement and apology.

Drawing on experiences where transitional justice mechanisms have addressed illicit economies and organised crime, including the International Criminal Court, a special court in Colombia, a hybrid institution in Guatemala, truth commissions and reparations, the paper surveys suggested practices and lessons learned. These include support for the simultaneous investigation of atrocity crimes and organised crime, the adoption of a macro-criminal approach that looks for patterns of violence, and attention to collective and symbolic reparations.

At the same time, there are challenges in bringing these fields together, including the risk of overloading transitional justice, duplicating tasks, creating uncertainty in counter-organised crime planning, and lack of political will. This exploration of linkages, complementarities and contrasts between organised and atrocity crimes, and transitional justice and counter-organised crime initiatives, can foster discussion on the potential for developing an overarching framework to address multiple and overlapping forms of violence experienced by societies worldwide.

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