AS the country struggles to extricate itself from close to three decades of President Robert Mugabe and Zanu PF's dictatorship which is associated with gross human rights violations, any new political order should deliver justice to victims of the state.

International law requiring punishment of atrocious crimes and, most critically, international pressure for compliance can provide important counterweight to pressure from Zimbabwe's ruling elite responsible for the Matabeleland and the Midlands massacres, the June 2008 burning to death of opposition activists at Jerera growth point in Masvingo province, and other heinous criminal activities.

I want to argue that when prosecutions are administered and undertaken, pursuant to the provisions of international law forbidding acts such as genocide, crimes against humanity, torture and war crimes, they are less likely to be perceived or opposed as acts of revenge.

In my view, it is easy to believe that prosecutions that come after the fall of a dictatorship are politically motivated when a decision to institute them is a matter of unbridled discretion; justice is readily mistaken for vengeance hence the need to deliver justice to Zimbabweans under strict provisions of international law, such as the provisions of Convention Against Torture and some aspects of domestic law which forbid torture, inhuman and degrading treatment of citizens.

It has been mistakenly argued that amnesty laws may be necessary to mend social divisions because, in my view, amnesty laws are not the only way of achieving reconciliation in troubled countries such as Zimbabwe where the rule of law has been sacrificed in pursuit of unbridled thirst for power by President Mugabe and his ruling elite.

There are other means to pursue reconciliation in Zimbabwe without allowing impunity to be celebrated. I want to point out that amnesty laws can be used to promote reconciliation in post-Mugabe Zimbabwe, provided they do not cover atrocious crimes which domestic and international laws require states to punish.

Those in Zimbabwe, the region and the international community struggling to end the country's political and economic woes should appreciate that international human rights law require States to punish certain crimes committed in their territorial jurisdiction. Zimbabwe, under the Zanu PF dictatorship, should be no exception and amnesty laws should not be invoked to cover up years of rampant human rights abuses in the country.

Several human rights treaties which form part of international law such as the Convention Against Torture to which Zimbabwe is a party, as well as the United Nations Charter, require state parties to criminalize particular abuses such as genocide and torture, investigate violations and seek to punish wrongdoers. These treaties make it clear that a state party fails in its duty to ensure the cluster of rights protecting physical integrity if it does not investigate violations and seek to punish those who are responsible.

I know and accept that people in Zimbabwe will legitimately accuse me of writing under the comfort of the United States when I make these views but I remain convinced that in the case of Zimbabwe, I would prefer to suffer longer under Mugabe's tyranny in the hope of a fully satisfactory political outcome, than to make progress through untidy promises.

I am of this view because it is important for the country to exorcise the ghosts of the Zanu PF administration by laying bare the atrocities associated with it through a proper and independent investigation, and the prosecution of serious crimes against humanity to the fullest extent possible, so that future generations will not be haunted. The rich, poor, powerful and weak should be equal before the law and this cannot happen when there are elements in the security forces and the ruling elite who think that they can continue to get away with murder for the rest of their lives.

Zimbabwe needs its political leadership to be accountable to its misdeeds in order to create a law-abiding culture in the country. It is important to have such critical, complex and in some respect controversial circumstances in order for future political leaders in Zimbabwe to respect the call to act responsibly when they assume the leadership of the country.

More so, that kind of accountability will make political players instil in their supporters respect for the rule of law, allow the security forces to realise their constitutional mandate and desist from operating like militias and political commissars of rogue political leaders.

Zimbabwe is currently littered with numerous cases of impunity because of the total disregard for the rule of law that is supported by the country's ruling party. In order to return to law and order there is need for those responsible for gross human rights violations to account to the justice system in order to heal those whose fundamental rights were violated.

In my view, beyond taking criminal proceedings against human rights violators in the country in order to promote reconciliation, not the type Mugabe promoted in 1980 which was not statute based but rhetorical, a truth commission which strives to investigate past human rights abuses; provide an official forum where victims of Zanu PF and security forces' abuses and perpetrators alike can tell their stories and offer evidence and prepare an authoritative report that documents the events, makes conclusions and suggest ways in which similar abuses and atrocities can be avoided in future.

The findings and recommendations of such a body should be made public. I say so because Zimbabwe is littered with commissions of investigations including the Chihambakwe and Dumbutshena one into the Matabeleland and Midlands disturbances whose findings remain hidden at State House while the victims of that sad chapter in the history of the country still wait for justice.

Any post-Mugabe truth commission must make recommendations for reparations to be given to the victims of state organised murders, violence and abuses, which must take the form of cash payments, pensions, free access to health care and psychiatric treatment, or public memorials and national remembrance days. But beyond that, efforts should be made to seek compensation from the perpetrators such as senior government and ruling party officials and security forces, rather than relying on government alone.

Even if amnesty could be exercised, like in the case of South Africa, it should not be unconditional. In order to foster a democratic society, no person should be given amnesty unless he or she applies for it, makes a full disclosure of the crimes, and establishes that the crimes were committed with a political objective. In this regard, wrongdoers and hardliners within the political establishment in Zimbabwe who fail to follow this course should be prosecuted.

Both the international human rights law and international humanitarian law demand that people responsible for gross violation of human rights should be held accountable for their crimes. For this reason, the granting of unconditional, blanket amnesty would be unacceptable and should be avoided in Zimbabwe.

In the case of Zimbabwe, Parliament should be allowed to exercise that role. This is because Zimbabwe has seen numerous amnesties by the present government which have benefited the perpetrators of violence rather than the victims. Some of the people that have benefited from Mugabe's self-styled amnesties since independence should be behind bars.

If Zimbabwe is to return to democratic legitimacy, any new government or political order after Mugabe should further respond to human rights violations by adopting laws which bar certain categories of former government officials and party members from public employment. Such measures would not be new to Zimbabwe; they have worked well in post-communist governments in Europe and Latin America.

It is argued that a successful transition to democracy demands the removal from public institutions of individuals who may have taken part in violating human rights. Such elements are rampant in the country's public service particularly in the security forces. Those who are making peace in Zimbabwe should not forget the plight of the regime's victims. They are waiting for justice.

Pedzisai Ruhanya writes from the University of Minnesota Law School, USA.