According to the Rome Statute, the International Criminal Court (ICC) will investigate and prosecute where States are “unwilling or unable genuinely” to do so. This paper outlines the challenge of complementarity, including the potential for positive complementarity and the role of the Court. It concludes that all supporters of the Rome Statute and the ICC should focus on strengthening the practical infrastructure of complementarity—particularly positive complementarity —in years to come. The Court has defined a limited role for itself and should be supported in its efforts.
One of the major challenges facing parliamentary democracy can be the restriction of people's participation in democratic processes, especially the opportunity to vote in periodic elections.
The Liberia Truth and Reconciliation Commission (TRC) released its final report in December 2009 after more than three years of operations. The report offers valuable insights into Liberia’s turbulent history, including the gross human rights violations committed during the country’s 14-year conflict.
Kenya’s Struggle toward Accountability and Justice. An interview with Njonjo Mue, head of ICTJ’s Nairobi office, and Comfort Ero, deputy director of ICTJ’s Africa Program.
This document presents a non‐exhaustive summary of some of the topics discussed at a workshop on outreach organized by the ICTJ in collaboration with the ECCC from March 3-5, 2010. It first provides a general overview of the ECCC functions and outreach activities. Thereafter, it highlights the main themes that were raised in the presentations and discussion sessions.
In dealing with counterterrorism detainees after 2001, the United States breached its obligations under the UN Convention Against Torture (CAT) and other sources of international human rights and humanitarian law. Although the current administration has turned away from some former policies, areas of concern still exist.
The International Center for Transitional Justice (ICTJ), together with the University of Western Ontario Faculty of Law and the Permanent Mission of Canada to the United Nations, hosted an Expert Group Meeting entitled Closing the International and Hybrid Criminal Tribunals: Mechanisms to Address Residual Issues on 4-5 February 2010 in New York.
A New ICTJ President Thinks About the Future. An interview with David Tolbert, President of ICTJ.
The focus of this paper is on initiatives of DDR, SSR, and transitional justice as they relate in peacebuilding contexts. This paper considers the connection between the three types of initiatives: first, by exploring the relationship between DDR and transitional justice; second, by examining the links between DDR and SSR; and third, by considering the connections between transitional justice and SSR.
Local justice is sometimes presented as an alternative to or substitute for other measures of transitional justice, often due to political, cultural, or practical considerations. This chapter argues that local justice addresses the (comparatively neglected) reintegration aspect of DDR programs more directly, quickly, and efficiently than other transitional justice measures. It examines how local justice processes can best complement DDR efforts without foreclosing other transitional justice measures.