Briefing Paper

5/19/2014

This paper analyzes the contents of the Final Report that the Kenyan Truth, Justice and Reconciliation Commission (TJRC) presented to President Uhuru Kenyatta on May 21, 2013, after four years of investigations. In particular, it evaluates the report’s information and findings, the logic of the commission’s conclusions and recommendations, and the apparent efforts made by commissioners to examine notorious and contentious past conducts. The paper concludes that, despite the controversies that surrounded the TJRC during its tenure, the contents of the Final Report can be used to consolidate the search for justice for victims of historical injustices in Kenya.

Date published: 
Mon, 05/19/2014 - 15:18

10/31/2013

This briefing paper focuses on establishing a credible approach to accountability and human rights in a post-conflict Syria. Looking ahead to an eventual resolution to the war, it recognizes that Syrian authorities and civil society, as well as the international community, will have to consider how to deal with crimes committed during the current conflict—and in preceding decades of repression under the Assad regime.

Date published: 
Wed, 10/02/2013 - 07:12

10/2/2013

This briefing paper focuses on establishing a credible approach to accountability and human rights in a post-conflict Syria. Looking ahead to an eventual resolution to the war, it recognizes that Syrian authorities and civil society, as well as the international community, will have to consider how to deal with crimes committed during the current conflict—and in preceding decades of repression under the Assad regime.

Date published: 
Wed, 10/02/2013 - 07:12

8/28/2013

Based on the findings of over 450 interviews, this briefing paper looks at the socioeconomic impact of enforced disappearances on the wives of the disappeared in Nepal. More than 1,000 people remain unaccounted for after Nepal’s 10-year conflict ended in 2006. The majority were young men with wives and children. The paper highlights the precarious economic situation that results from the loss of a husband who is usually the family’s sole breadwinner.

Date published: 
Wed, 08/28/2013 - 14:26

4/30/2013

This briefing paper focuses on the topic of prosecuting international and other serious crimes in Kenya, including crimes committed in the context of the postelection crisis of late 2007 and early 2008. In particular, it identifies and analyzes obstacles and opportunities for such prosecutions within current legal and institutional frameworks.

Date published: 
Tue, 04/30/2013 - 08:10

2/20/2013

Following field research in late 2009 and a 2010 workshop in Kinshasa, ICTJ produced a report in French on the challenges of enforcing court-ordered reparations. This briefing paper outlines and summarizes the challenges and recommendations discussed in the report. It also proposes additional steps that the government, international community, victims and civil society organizations can take to address the failure of the DRC to fulfill outstanding orders for reparations, as well as broader measures that can be implemented, including non-judicial reparations measures. (French)

Date published: 
Wed, 02/20/2013 - 09:28

12/7/2012

This briefing paper sets out the obligations of the state and international best practice with respect to the right to truth, both as a key element of a transitional justice strategy and as a critical component of providing effective remedy to victims of gross violations of human rights and grave breaches of humanitarian law. It reiterates ICTJ’s long-standing belief that a truth commission is necessary in Nepal and that the search for the disappeared is an urgent obligation. The creation of effective truth-seeking policies and instruments is important due to elements of the 2006 Comprehensive Peace Agreement and obligations contained in the 2007 Interim Constitution; but above all, it is essential as a means to realize the right to the truth. However, for truth-seeking to be successful, the instrument or instruments established to realize it must ensure its effectiveness.

Date published: 
Fri, 12/07/2012 - 09:30

9/26/2012

National healing and reconciliation in Uganda requires a multilayered truth-telling process comprised of community and national processes that are mutually reinforcing and should not be mutually exclusive, as proposed by the JLOS report. A national truth-telling body should address issues of state responsibility. Importantly a national truth-telling process would be in a strong position to solicit and consider submissions for institutional reforms and reparations proposed by community-based processes throughout Uganda. Additionally it could recommend the necessary measures to redress the suffering of victims and prevent the reoccurrence of conflict and abuse.

Date published: 
Wed, 09/26/2012 - 11:14

9/24/2012

Since independence Ugandans have endured episodes of violence and human rights abuses across successive political regimes and transitions with devastating consequences. During two decades of conflict in the northern Uganda involving the Lord’s Resistance Army (LRA) and the government forces, human rights abuses were perpetrated against individuals, families, and communities. With the return to peace, the government, victims’ groups, and civil society are now considering how to move forward with a national policy on transitional justice that includes reparations for victims in the north given the magnitude of serious violations that were committed.

Date published: 
Mon, 09/24/2012 - 13:22

8/23/2012

ICTJ’s briefing paper “Building Trust and Strengthening the Rule of Law” examines how an ad hoc vetting mechanism for officers in senior command positions could help consolidate democracy in Nepal. Author Alexander Mayer-Rieckh says that as Nepal abandons its commitments to pursue accountability for serious crimes, it undermines the ability of its security forces to maintain the rule of law and protect a new era of peace.

Date published: 
Thu, 08/23/2012 - 09:20

Pages