Briefing Paper

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

6/2/2011

This paper explores the challenges to uncovering the truth about the atrocities committed under the Khmer Rouge and achieving justice for victims in Cambodia. It discusses which transitional justice mechanisms are applicable and what opportunities to achieve truth and accountability exist. With victims still demanding justice and the Khmer Rouge leaders getting older, the need to establish a minimal level of justice is crucial. Although a tribunal should be supported, a much more holistic approach is necessary to recover and restore society.

Date published: 
Tue, 09/09/2003 - 10:09

6/2/2011

This report considers the work of the Special Prosecutor's Office (SPO) in Mexico, established to deal with crimes that public servants commit against social and political groups. It describes the basic requirements of investigation into "system crimes," emphasizing the need for an approach that differs from that used in the investigation of ordinary crimes.

Date published: 
Tue, 06/01/2004 - 10:00

6/2/2011

This paper summarizes the results of a mapping survey on transitional justice initiatives in Indonesia undertaken by ICTJ from August 2002 to May 2003. While the Indonesian government has created several state agencies and laws to address past cases of violence, it is still plagued by problems of legitimacy and ineffectiveness.

Date published: 
Thu, 01/01/2004 - 09:55

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