• Date: 6/1/2007

    The Prosecution Witness and Documentary Evidence Phases of the Anfal Trial

    Author: ICTJ; Ezekiel Simperingham, Clark Gard

    This report provides an update on the developments in the Anfal trial before the Iraqi High Tribunal, including the trial of Saddam Hussein, his cousin Ali Hassan al-Majid, and five other co-defendants. This update focuses on the prosecution witness and documentary evidence phases of the trial, drawing on information taken directly from observer notes or detailed media reporting.

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  • Date: 6/1/2007

    Memorialization and Democracy: State Policy and Civic Action

    Author: ICTJ

    Following the first international conference on the subject (Memorialization and Democracy), this report considers how memorialization efforts around the globe can serve democracy. It encourages policy-makers to view memorials as serious social and political forces and to create innovative strategies for integrating them into democracy-building plans. It aims to encourage continuing discussion and analysis on the subject, emphasizing that memorialization plays a central role in the direction and shape of civic life and politics.

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  • Date: 6/1/2007

    Contributing to Peace and Justice - Finding a Balance Between DDR and Reparations

    Author: ICTJ, Working Group on Development and Peace; Pablo de Greiff

    This paper examines the benefits of introducing justice-related considerations into disarmament, demobilization and reintegration (DDR) programs, an idea that has only recently been considered. Drawing links between DDR and reparations programs – the former a peace and security measure and the latter a justice measure– can make both more effective. Synergizing the two can contribute to creating both a more peaceful and more just future.

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  • Date: 5/1/2007

    The Contemporary Right to Property Restitution in the Context of Transitional Justice

    Author: ICTJ; Rhodri C. Williams

    This study examines the development of restitution and reparations in international law and practice over the last century. It aims to provide recommendations on how restitution can best contribute to transitional justice by reviewing four case-studies: the Czech Republic, South Africa, Bosnia, and Guatemala. The paper provides general conclusions on how restitution–particularly property restitution as a remedy for forced displacement–can best be implemented in contemporary transitional settings.

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  • Date: 5/1/2007

    Pursuing Justice in Ongoing Conflict: A Discussion of Current Practice

    Author: ICTJ

    This study focuses on the pursuit of criminal justice within a time of conflict. It examines various aspects of pursuing justice in the context of ongoing conflict, including the interests of victims, governments, the UN Security Council, traditional leaders, and mediators. It highlights the difficulty of conducting an investigation during conflict, and provides suggestions on options for preserving justice in the future.

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  • Date: 1/1/2007

    Against the Current: War Crimes Prosecutions in Serbia

    Author: ICTJ; Bogdan Ivanišević

    This report examines the effectiveness of war crimes prosecutions in Serbia. While the War Crimes Chamber (WCC) and the Office of the War Crimes Prosecutor (OWCP) have had some success, significant concerns exist - such as opposition from ethnic nationalists. Despite shortcomings, the WCC and OWCP can potentially help provide justice, especially if given more active domestic and international political support.

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  • Date: 1/1/2007

    Was the Dujail Trial Fair?

    Author: ICTJ; Miranda Sissons and Ari S. Bassin

    This paper evaluates the Dujail trial, the first of fourteen trials in Iraq against persons accused of crimes against humanity. Although the trial was potentially a new attempt at Iraqi justice, it fell short in many ways. Ultimately, it was rendered ineffective due to political interference, lack of judicial independence, and absence of cultural respect and impartiality in the judicial process.

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  • Date: 1/1/2007

    Early Reflections on Local Perceptions, Legitimacy and Legacy of the Special Tribunal for Lebanon

    Author: ICTJ; Marieke Wierda, Habib Nassar, and Lynn Maalouf

    This journal article examines challenges to the legitimacy of the Special Tribunal for Lebanon (STL). These challenges include selective impunity, the highly selective nature of the jurisdiction of the STL, and the fears that the STL itself will act as an instrument for foreign powers. These challanges may be addressed by the UN and STL through their operations - by transparently selecting judges and senior officials, attracting funding from a variety of states, and conducting effective outreach.

  • Date: 1/1/2007

    Justice as Prevention: Vetting Public Employees in Transitional Societies

    Author: ed. Pablo de Greiff and Alexander Mayer-Rieckh

    Vetting—the process by which abusive or corrupt employees are excluded from public office—is often practiced in post-conflict societies, yet remains one of the least studied aspects of transitional justice. In a co-publication of the Social Science Research Council (SSRC) and the International Center for Transitional Justice (ICTJ), editors Alexander Mayer-Rieckh and Pablo de Greiff have assembled a collection of essays systematically exploring vetting practices in a variety of countries and contexts.

  • Date: 1/1/2007

    Negotiating peace in Liberia: Preserving the possibility for Justice

    Author: ICTJ, Centre for Humanitarian Dialogue; Priscilla Hayner

    This report focuses Liberia's Comprehensive Peace Agreement (CPA) of 2003. It examines many key decisions that were made in creating the CPA, and centers on questions of justice, accountability and the rule of law. It notes developments in the four years after the CPA was signed, and provides insights to assist in future mediation efforts.

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