• Date: 6/1/2005

    The International Criminal Court and Conflict Mediation

    Author: ICTJ; Paul Seils, Marieke Wierda

    This paper addresses the possible impact of the International Criminal Court (ICC) on conflict mediation and on political stability in fragile environments. It looks at issues such as: the role of criminal accountability for massive abuses, the ICC statute, practical issues that conflict mediators may face as a result of ICC investigations, and the possible positive role the ICC may play in the context of conflict mediation.

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  • Date: 1/6/2005

    Comment by ICTJ on the Bill Establishing a Truth and Reconciliation Commission in Indonesia1

    Author: ICTJ; Eduardo González

    The People’s Representative Assembly of Indonesia passed on September 7, 2004, a bill creating a “Truth and Reconciliation Commission”, which is charged with clarifying abuses committed before 2000 and determining whether to award individualized amnesties for perpetrators and reparations for victims. ICTJ believes the bill shows serious conceptual and operational weaknesses that would severely compromise the ability of a truth commission to operate in a credible, independent, and effective way.

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  • Date: 1/1/2005

    Imagining the Possibilities for Reparations in Cambodia

    Author: ICTJ; Ruben Carranza

    The Extraordinary Chambers of the Courts of Cambodia's reparations mandate may seem narrow and restrictive. Yet there are several potential ways in which the Court can make the right to reparations meaningful for civil parties and for many other Cambodians. It has the ability to influence the implementation of reparations beyond its temporal mandate - through its judgments and practice directives.

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  • Date: 1/1/2005

    Afghanistan: Addressing the Past

    Author: ICTJ

    This briefing note provides a short overview of the conflict in Afghanistan's recent history, and the ongoing discussions and initiatives to address human rights violations and war crimes there. The state-building process, launched in 2001 after the ousting of the Taliban regime, has been slow and cumbersome. Important political achievements have been made, such as the adoption of a new constitution, holding of presidential and parliamentary elections, and the establishment of a new government. Yet many significant challenges remain.

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  • Date: 10/1/2004

    Serbia and Montenegro: Selected Developments in Transitional Justice

    Author: ICTJ

    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.

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  • Date: 10/1/2004

    Bosnia and Herzegovina: Selected Developments in Transitional Justice

    Author: ICTJ

    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.

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  • Date: 10/1/2004

    A First Few Steps: The Long Road to a Just Peace in the Democratic Republic of the Congo

    Author: ICTJ; Federico Borello

    The development of effective transitional justice policies in the Democratic Republic of Congo has been plagued by lack of security, fear of destabilization, limited political will, and scarce resources. This paper focuses on three specific measures of transitional justice: prosecutions, the truth and reconciliation commission, and vetting. The challenge is to set the right conditions in place in order to ensure that these initiatives can begin as soon as possible. It is also to incorporate elements of justice in this highly complex situation.

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  • Date: 8/23/2004

    The rule of law and transitional justice in conflict and post-conflict societies

    Author: UN Security Council

    This report from the United Nations (UN) Security Council discusses the UN's increased focus on transitional justice and the rule of law in conflict and post-conflict societies. This focus will yield important lessons for future UN activities. Advancing justice, peace, and democracy in fragile post-conflict settings requires strategic planning, careful integration and sensible sequencing of activities. Approaches must incorporate interdependent institutions, civil society and victims in order to be effective.

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  • Date: 6/1/2004

    A Promise Unfulfilled? The Special Prosecutor's Office in Mexico

    Author: ICTJ; Paul Seils

    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.

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  • Date: 4/1/2004

    Iraqi Voices: Attitudes Toward Transitional Justice and Social Reconstruction

    Author: ICTJ, Human Rights Center - University of California, Berkeley

    This report is based on data obtained from extensive interviews and focus group discussions conducted in July and August 2003 with representatives from a broad cross-section of the Iraqi population.

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