Solving State- Sponsored Impunity- A Modest Proposal For The United Nation Security Council to Create An International Tribunal to Adjudicate the Alleged War Crimes of the Nepalese Civil War

Nepal’s armed conflict (1996–2006) resulted in widespread violations of international human rights and humanitarian law, including torture, enforced disappearance, extrajudicial killing, and conflict-related sexual violence. Nearly two decades later, Nepal’s transitional justice process remains unable to deliver effective investigation, prosecution, or reparations. Despite constitutional guarantees, Supreme Court rulings, and international treaty obligations, the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP) have failed to complete even a single investigation or forward a case for prosecution across multiple reconstitutions from 2015 to 2025. This article analyzes Nepal’s domestic legal deficiencies, structural political interference, and security-sector non-cooperation, and evaluates the State’s compliance with obligations under the ICCPR and customary international law. It further examines the 2022–2025 transitional justice amendment efforts, which continue to allow amnesties for violations that may constitute war crimes or crimes against humanity, contrary to international norms. Drawing on UN reports, case law, and comparative international tribunal practice, this article argues that Nepal meets the “unable or unwilling” threshold recognized in international criminal jurisprudence, thereby justifying external intervention. The paper concludes that a hybrid or internationalized tribunal mandated by the United Nations Security Council may be necessary to ensure justice, accountability, and durable peace.