Briefing Paper

10/3/2011

Date published: 
Sun, 01/01/2006 - 11:39

7/28/2011

Almost a year after the second post-election transition in Burundi, national and international attention is focused on the willingness and ability of the new government to implement the decisions agreed to during negotiations that culminated in the historic August 2000 peace and reconciliation agreement in Arusha. The agreement stipulated the establishment of two mechanisms (legal and non-legal) to address a long history of political and ethnic violence. Following a field analysis, this report presents recommendations on the transitional justice process in Burundi.

Date published: 
Fri, 04/01/2011 - 09:20

7/12/2011

This paper analyzes the Maubuti case in Timor-Leste, the third serious crimes case to be brought to trial after the closure of the UN-supported Serious Crimes Unit in 2005. Maubuti was indicted for crimes against humanity including murder, attempted murder, and rape. The decision and procedural aspects of the trial raise serious concerns about the Timorese courts’ capacity to try international crimes. The case further brings into question scores of prior successful prosecutions of crimes against humanity in Timor-Leste.

Date published: 
Wed, 06/01/2011 - 13:04

6/13/2011

The importance of an independent, representative, and competent truth and reconciliation commission (TRC) to guarantee the rights of victims to truth, justice, and reparations should not be underestimated. Key recommendations in this regard are included in this briefing.

Date published: 
Tue, 03/01/2011 - 07:36

6/7/2011

This policy brief reviews the work of the United Nations Human Rights Council as it relates to transitional justice, five years after the Council's establishment. Overall findings indicate that the Council and its mechanisms, notably the system of Special Procedures, have approached justice for mass atrocities in a piecemeal and—sometimes—politicized manner. More effective use of a transitional justice framework could strengthen the Council's ability to fulfill its mandate to address human rights violations and prevent future abuse.

Date published: 
Tue, 06/07/2011 - 16:29

6/2/2011

This memorandum is a legal analysis of the applicability of the UN Convention on the Prevention and Punishment of the Crime of Genocide to events which occurred in Turkey-Armenia during the early twentieth century. It was drafted by independent legal counsel based on a request made to ICTJ on the basis of the Memorandum of Understanding entered into by The Turkish Armenian Reconciliation Commission in 2002. It addresses solely the applicability of the Genocide Convention to the events.

Date published: 
Tue, 01/01/2002 - 14:26

6/2/2011

This paper explores practical issues regarding the relationship between the Truth and Reconciliation Commission (TRC) and Special Court (SC) in Sierra Leone. It looks at: 1) the legal relationship of the Commission and the Court; 2) the question of whether the TRC information should be disclosed to the Court; 3) protective measures (in the case of disclosure); 4) whether other means of collaboration between the Court and the Commission are appropriate; and 5) mutual adjustments of operations.

Date published: 
Mon, 06/24/2002 - 14:22

6/2/2011

This report examines community expectations and experiences of Timor-Leste’s unique transition from occupation to independence. It documents the results of focus group discussions on an array topcis including violence and conflict, truth recovery, justice, accountability, reconciliation, and forgiveness. These issues lie at the heart of the Timorese peoples’ expectations and experiences, and at the center of Timor’s transitional justice concerns.

Date published: 
Fri, 08/01/2003 - 10:13

6/2/2011

This report focuses on 12 trials that took place before the Indonesian Ad Hoc Human Rights Court between March 2002 and August 2003. It analyzes the prosecution efforts and quality of the judgments, and assesses the political and institutional context in which these trials took place. The trials must be regarded as a failure on every level, from technical competence to institutional integrity and political will.

Date published: 
Fri, 08/01/2003 - 10:10

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