Briefing Paper


In 2006, the Afghanistan Independent Human Rights Commission (AIHRC) launched an unprecedented effort to document the violations of international humanitarian law in Afghanistan between 1978 and 2001. Though it has not yet been made public, the 1000-page AIHRC Conflict Mapping Report is the most comprehensive documentation of this period in Afghanistan to date. As new evidence of past violations comes to light, Afghanistan must prioritize transitional justice measures to break the cycle of abuse. The briefing paper entitled “Afghanistan: The Past as a Prologue,” provides analysis of past reports identifying the patterns of abuses and puts forth recommendations to the government of Afghanistan as it confronts new evidence of the past.

Date published: 
Tue, 07/24/2012 - 11:07


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.

Date published: 
Mon, 06/18/2012 - 08:42


The conviction of Thomas Lubanga is a milestone for the international criminal justice system established by the Rome Statute, and may make an important contribution to the development and definition of the right to reparations in international human rights law. ICTJ has produced a briefing note examining the practical and legal issues surrounding the ICC's decision in regards to reparations in the Lubanga case, as well as what lessons the ICC can learn from the broader experiences of the transitional justice field.

Date published: 
Wed, 04/18/2012 - 13:26


Thirteen years after the fall of Soeharto, victims in Indonesia continue to suffer from the negative effects of gross human rights violations and from ongoing discrimination. Although efforts by the president and the National Human Rights Commission (Komnas HAM) to create a reparations policy have lost momentum, victims' demands have not diminished. This report by ICTJ, IKOHI and KKPK makes recommendations to the government to take both immediate and longer-term actions to meet victims' demands for reparation.

Date published: 
Mon, 12/12/2011 - 08:06


During peace negotiations, there is often a belief that providing amnesties for certain crimes will help promote national reconciliation. Nepal's Truth and Reconciliation Commission (TRC) Bill currently contains provisions on both amnesty and reconciliation. However, the Bill itself is not explicit in linking the ability to recommend amnesty to its reconciliation provisions. This briefing note seeks to explore the concepts of amnesty and reconciliation, and highlight a few implications of the Bill's provisions for victims.

Date published: 
Thu, 12/08/2011 - 09:28


Recent speculation indicates that U.S. President George W. Bush may grant pardons to administration officials and members of the military who might face prosecution for authorizing, ordering, endorsing, justifying or committing acts pursuant to the “war on terror.” While a pardon application process exists within the Department of Justice, the president is free to issue pardons without regard to the process and for any reason, including a desire to shield members of his administration and the military from investigations.

Date published: 
Sat, 11/01/2008 - 11:43