5 Nepal's Conflict-Era Transitional Justice

The 1996–2006 Nepalese armed conflict (the "People's War"): Common Article 3's paradigm case on Nepali ground — the conflict's classification (the organized armed group's territorial control crossing the AP II threshold in phases) and both sides' violations documented (the disappearances — the conflict's signature wound, Nepal's conflict-era disappearance caseload among the world's heaviest; the extra-judicial killings, the torture, the displacement; the Maoist side's abductions, extortions, the "people's courts"). The machinery: 1. The Comprehensive Peace Agreement (CPA, 21 November 2006): the IHL-treaty anchoring — the parties' express commitment to Common Article 3, the Geneva Conventions and the international human-rights instruments; the agreed mechanisms: the Truth and Reconciliation Commission (TRC) and the Commission on Investigation of Enforced Disappeared Persons (CIEDP); 2. The Transitional Justice Act (Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2071 (2014)): the statute's design (the commissions' mandate, the reconciliation-and-reparation scheme) and its litigation: Suman Adhikari et al. v. Nepal — the Supreme Court's 2014/2015 judgments striking the amnesty-for-serious-crimes provisions and mandating the victim-centred, international-standard-compliant re-legislation (the conflict-era crimes' amnesty bar; the "serious violations" as non-amnestiable) — the judgments' implementation still awaited in the re-legislation; the Ordinance-and-Bill sequence (the TJ Bill's long travail through parliament); 3. The Rome Statute and Nepal: Nepal's 2006 accession (the CPA-era signature) — the complementarity question for the conflict-era cases (the ICC's inaction absent…