Indonesian Journal of Law and Economics Review
Vol. 21 No. 2 (2026): May

The Preventive Role of Criminal Law in Preventing Communal Violence in Post-Conflict Societies

Dr.Batool Ibrahim Abdulrahman (College of Agriculture, University of Kirkuk, Kirkuk)
Dr. Aseen Ahmed Fakhri (College of Physical Education and Sport Sciences, University of Kirkuk, Kirkuk)



Article Info

Publish Date
03 Apr 2026

Abstract

General Background: Communal violence remains a major threat to stability and sustainable peace in post-conflict societies, where unresolved identity-based grievances persist despite the cessation of armed conflict. Specific Background: Criminal law, traditionally punitive, is increasingly conceptualized as a preventive mechanism aimed at deterring collective violence, criminalizing incitement, and reinforcing individual accountability within fragile post-conflict environments. Knowledge Gap: There is a disconnection between the theoretical preventive capacity of criminal law and the practical limitations arising from weak institutions, selective enforcement, and tensions with transitional justice mechanisms. Aims: This study examines how criminal law contributes to the prevention of communal violence and identifies the structural and institutional constraints that limit its preventive capacity. Results: The findings indicate that criminal law can establish normative boundaries, deter violence through punishment, and promote individualized responsibility; however, its preventive function is conditional upon institutional independence, procedural fairness, legal certainty, and public trust, while being undermined by institutional fragility, lack of legitimacy, and competing transitional justice priorities. Novelty: The study integrates doctrinal and interdisciplinary perspectives to position criminal law as both a normative and institutional preventive tool within post-conflict governance. Implications: Criminal law should be incorporated into broader peace-building strategies that combine accountability, reconciliation, and institutional strengthening to reduce the recurrence of communal violence and support long-term rule of law. Highlights:• Establishes legal boundaries distinguishing collective violence from lawful expression• Demonstrates conditional deterrence dependent on institutional credibility and fairness• Identifies structural barriers including weak enforcement and legitimacy deficits Keywords: Criminal Law, Communal Violence, Post Conflict Societies, Preventive Justice, Rule Of Law

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Journal Info

Abbrev

ijler

Publisher

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Law and Economics Review (IJLER) is published by Universitas Muhammadiyah Sidoarjo four times a year. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of ...