Briefing Paper

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

6/2/2011

This paper aims to address the question "What advice would you give to colleague NGOs in countries where the momentum for the establishment of a truth commission is already strong?" It is intended to provide basic guidance to NGOs that are likely to engage with formal, official truth commissions established by the state during times of political transition. It is organized chronologically in three sections: before, during, and after the operation of a truth commission.

Date published: 
Thu, 04/01/2004 - 09:53

6/2/2011

The establishment of the International Criminal Court's Trust Fund for Victims (TFV) , in combination with its reparations function, is unprecedented in international law. It affirms the importance of victims in international justice efforts. However, the creation of a Trust Fund closely associated with a Court also raises both practical and conceptual challenges. These challenges are easier to meet if the TFV, rather than the Court, plays the leading role in designing an overall approach to reparations programs.

Date published: 
Thu, 01/01/2004 - 09:51

6/2/2011

Since the end of open armed conflict in the former Yugoslavia, there has been little progress in transitional justice. This particularly applies to Serbia and Montenegro, which has lurched from one political crisis to another. This paper provides an overview of some of the major issues and recent developments in transitional justice in Serbia and Montenegro. It examines the International Criminal Tribunal for the former Yugoslavia (ICTY), local trials, the national Truth and Reconciliation Commission, reparations, and vetting of public officials.

Date published: 
Fri, 10/01/2004 - 09:49

6/2/2011

This paper provides an overview of the major issues and recent developments in transitional justice in Bosnia and Herzegovina (BiH). It examines the International Criminal Tribunal for the former Yugoslavia (ICTY), local trials, the proposed Truth and Reconciliation Commission, the Srebrenica Commission, a draft on Law and Missing Persons, reparations, and the vetting of state instiutions. Due to the lack of a comprehensive transitional justice vision in the Dayton Agreement (which ended the war in 1995) efforts in BiH have been ad hoc and incomplete.

Date published: 
Fri, 10/01/2004 - 09:47

Pages