In transitional justice settings, former authoritarian leaders or perpetrators of human rights abuses may avoid prosecution due to political agreements, amnesty laws, or the complexities of international law.

Following periods of conflict or authoritarian rule, new governments often face a delicate balance between pursuing justice for past wrongs and achieving national reconciliation and stability. This can lead to the implementation of amnesty laws, truth commissions without punitive powers, or politically motivated decisions to avoid prosecuting certain high-profile individuals. While such measures are sometimes argued to be necessary for peace, critics contend that they undermine the rule of law and perpetuate a culture of impunity. International bodies like the International Criminal Court aim to address grave international crimes, but their jurisdiction is often limited by national sovereignty, and the enforcement of their warrants can be challenging, allowing some perpetrators to remain beyond reach.