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.
“We women of Papua have been bruised, cornered, besieged from all directions. We are not safe at home, and even less so outside the home. The burden we bear to feed our children is too heavy. The history of the Papuan people is covered in blood, and women are no exception as victims of the violence of blind military actions. We have experienced rape and sexual abuse in detention, in the grasslands, while seeking refuge, no matter where we were when the army and police conducted operations in the name of security.”
Based on interviews with 1,200 people, this study assesses conflict victims' experience with the government's Interim Relief Program since its inception in 2008. The findings are intended to inform a future reparations policy that would seek to help those whose human rights were violated during the conflict period of 1996 to 2006.
The International Center for Transitional Justice (ICTJ) and the United Nations Development Programme, with the support from the governments of Denmark and South Africa, held a retreat on Supporting Complementarity at the National Level: An Integrated Approach to the Rule of Law, at Greentree in Manhasset, New York, from December 7 through 9 in 2011. The retreat was conducted according to the Chatham House Rule, and this report provides a summary of the principal discussions without attributing views to individual participants.
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.
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.
Indonesia has initiated transitional justice mechanisms to address human rights abuses that occurred during and after the New Order regime, but insufficient political will has rendered these efforts inadequate in achieving justice and reconciliation for victims.
This report is the fourth in a series monitoring the implementation of a collective reparations program in Peru since 2007, by ICTJ and the Association for Human Rights in Peru (APRODEH). The publication examines the effects of this reparations program through interviews with the beneficiaries and provides a platform for the voices of communities of the Andes and the Amazon to explore to what extent the program has been effective. Spanish only.
The Kenya Transitional Justice Brief, a quarterly bulletin by ICTJ highlighting current developments in the field of transitional justice in Kenya. This brief focuses on the process of implementing the 2010 constitution and the political context in which this takes place, providing a summary of events and analysis of the status and challenges to the various reforms.
Established in 2004, Morocco’s Equity and Reconciliation Commission (IER: l’Instance équité et réconciliation) was one of the first attempts made in the Arab world to address human rights violations perpetrated in the post-independence period. It also aimed to include female victims of human rights abuse into broader transitional justice programs. This publication analyzes whether the various transitional justice processes undertaken by the IER sufficiently fulfill the gender-specific focus of its mandate.