Resource Library

From 1976 to 1983 Argentina was ruled by a military dictatorship and an estimated 10,000 to 30,000 people "disappeared." This paper outlines transitional justice developments in Argentina - including the investigation and prosecution of human rights violations. The current movement to...

This paper explores how enforcement of international criminal law currently addresses socioeconomic and environmental crimes. It specifically examines current efforts to promote accountability for: (1) environmental war crimes and (2) property crimes and expropriation. The paper then ...

The global COVID-19 pandemic forced many countries to impose emergency measures, such as curfews and community lockdowns, to stem the spread of the virus. To enforce these measures, some societies have given regular police forces increased power to enforce the measures, while others h...

Humanitarians, development agencies, human rights organizations, and peacebuilding actors are commonly drawn to the same flash points of conflict, human rights violations, and states in need of rebuilding. Operating in common country contexts leads to increased interactions between th...

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 ...

In 2006, the Afghanistan Independent Human Rights Commission (AIHRC) launched an unprecedented effort to document the violations of international humanitarian law in Afghanistan between 1978 and 2001. Though it has not yet been made public, the 1000-page AIHRC Conflict Mapping Report ...

This paper’s principal aim is to provide a cogent analytical framework on the range of possible or ideal relationships between DDR programs and amnesties. It assesses whether and how amnesties can serve to maximize the effectiveness of a DDR program, while doing the least harm possibl...

This paper makes explicit some of the connections between transitional justice and development, two sprawling fields characterized by fuzzy conceptual borders and by both internal and external dissent. Taking seriously the idea of connecting, however, also means preserving the integri...

Disarmament, demobilization, and reintegration (DDR) programs and prosecutions of international crimes have become prominent features in the landscape of postconflict states. Some tension between them is inherent. Nonetheless, there is compatibility in the larger, long-term goals of D...

Based on the findings of over 450 interviews, this briefing paper looks at the socioeconomic impact of enforced disappearances on the wives of the disappeared in Nepal. More than 1,000 people remain unaccounted for after Nepal’s 10-year conflict ended in 2006. The majority were young ...

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 Sr...

Building a constitutional state and pursuing social change is best approached by looking at prior successes. Here is a comparison between the Kenyan and South African constitutions and an outline of how constitutional litigation unfolded in South Africa.

This paper provides a brief history of Liberia, from Americo-Liberian rule in the 19th century to the 2005 elections. It provides accounts of the 1989-1996 and 1997-2003 civil wars, as well as of significant political changes and elections. It also includes appendixes of noteworthy in...

On January 12, 2008, the Iraqi parliament passed the “Law of the Supreme National Commission for Accountability and Justice.” The new law replaces the earlier framework governing Iraq’s De-Ba’athification policies. This document is intended to provide a short summary and preliminary a...

The term "civil society" is used by both the transitional justice and the development communities, often in a positive light: transitional justice measures are often said to contribute to strengthening civil society, and at the same time, to some extent, to depend on it; similarly, de...

ICTJ’s briefing paper “Building Trust and Strengthening the Rule of Law” examines how an ad hoc vetting mechanism for officers in senior command positions could help consolidate democracy in Nepal. Author Alexander Mayer-Rieckh says that as Nepal abandons its commitments to pursue acc...

The Cambodian diaspora in France and Belgium has been actively following the development of efforts to prosecute Khmer Rouge officials responsible for crimes committed in Cambodia between 1975 and 1979. Diasporas have assumed a new and important role in the judicial and political aren...

In its report, the Kenya Truth, Justice and Reconciliation Commission concluded that “corruption is endemic in Kenya” and that “there is a direct link between corruption and gross violation of human rights.” This paper considers the extent of impunity for corruption in Kenya, how corr...

This paper provides a description of the brief proceedings against Callixte Mbarushimana and Sylvestre Mudacumura before the International Criminal Court.

This briefing paper provides an overview of the proceedings against Germain Katanga and Mathieu Ngudjolo before the International Criminal Court. The conviction and sentence against Katanga signifies the first final judgment of the ICC.

This briefing paper provides an overview of the proceedings against Thomas Lubanga before the International Criminal Court since the start of the prosecutor’s investigation in 2004 until the 2012 decisions of Trial Chamber I concerning the verdict, the sentence, and reparations. It id...

Although youth are key political and social stakeholders who have much to contribute to—and gain from—transitional justice processes, they often remain marginalized from such processes or are given only a limited and predetermined space in which to engage. In recent years, the peacebu...

The establishment of temporary international criminal tribunals has given rise to complex legal, technical, and political questions regarding their post-closure residual functions.

In Colombia, international crimes can be tried under the ordinary national jurisdiction as well as a limited number of cases under the Justice and Peace Law of 2005 (JPL). Neither jurisdiction has served to highlight the widespread or systematic nature of state-sponsored violence. ...

ICTJ provides constructive comments on the draft Internal Rules for the Extraordinary Chambers in the Courts of Cambodia (ECCC). While the draft Internal Rules provide greater procedural clarity for the ECCC proceedings, ICTJ lists several concerns in five areas that must be focused o...

ICTJ, with the sponsorship of the United Natinos Rule of law Unit and the support of the Secretariat of the Assembly of States Parties (ASP) to the International Criminal Court (ICC), hosted a retreate entitlted "Complementarity After Kampala: The Way Forward" on October 28-29, 2010, ...

Reparations and development are generally conceptualized and approached independently, but for survivors and victims the demand for both often arises simultaneously. In practice, reparations and development are linked in specific ways. This paper analyzes these links in the context of...

This briefing paper summarizes the findings of consultations undertaken by ICTJ with women’s groups in Gulu, Lira, and Soroti on confronting impunity and engendering transitional justice processes in northern Uganda. Its purpose is to help incorporate women’s needs and justice demands...

National healing and reconciliation in Uganda requires a multilayered truth-telling process comprised of community and national processes that are mutually reinforcing and should not be mutually exclusive, as proposed by the JLOS report. A national truth-telling body should address is...

Transitional justice has for the most part not prioritized issues related to displaced persons. Transitional justice measures do, however, have a bearing on displaced persons’ interests and on efforts to resolve displacement, in particular with regard to durable solutions, which inclu...

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 measur...

This briefing paper assesses the situation in Ukraine with respect to democratic reforms being undertaken in the country following the mass uprising that ousted former President Viktor Yanukovych in February 2014. It examines issues of corruption and impunity, as well as the historica...

This paper examines the links between education and transitional justice initiatives in contexts affected by conflict. It argues that conceptually there can be meaningful mutual reinforcement between the educational goal of participation and the transitional justice goals of recogniti...

This paper discusses the significance of the trials of Saddam Hussein and his close associates held by the Supreme Iraqi Criminal Tribunal. It examines the challenges faced by the Tribunal - including concerns that the process was dominated by the U.S. government (hence undermining t...

This paper examines the crime of forced displacement from the perspective of both international and national legal frameworks. The crime of forced displacement is a notion that comes from international law. Indeed, an international legal framework has developed with the instruments an...

On August 24, 2009, U.S. Attorney General Eric Holder announced that he was appointing Assistant U.S. Attorney John Durham to conduct a preliminary review into the possibility that federal laws were violated in the interrogation of specific detainees outside of the United States. The ...

During the 1970s, political violence in Argentina resulted in massive violations of human rights including thousands of deaths, prolonged and arbitrary arrests, disappearances, unfair trials, pervasive torture, in addition to cruel, inhuman, and degrading treatment. Since the restorat...

This case study offers an overview of some of the major issues and recent developments in transitional justice in Croatia. While the main focus is on war crimes prosecutions before the International Criminal Tribunal for the former Yugoslavia and Croatian courts, it also examines trut...

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, reconciliat...

Little has been written about the relationship between transitional justice measures and DDR programs with respect to child ex-combatants. We argue that the primary avenue through which transitional justice measures may positively affect the reintegration of former child combatants is...

Lebanon has long been afflicted by a combination of political deadlock and a lack of accountability that has resulted in ongoing human rights violations and overall systemic rot. Comprehensive reforms, along with an inclusive truth-seeking process, broad public dialogue, and other way...

The Democratic Republic of Congo (DRC or Congo) presents a critical test for the International Criminal Court (ICC). All of the accused in current ICC trials are from DRC. The Court plays a vital role in DRC regarding complementarity, peace, justice, victims, and affected communities....

Amicus curiae on petition for a writ of certiorari, to the United States Court of Appeals for the second circuit.

EXECUTIVE SUMMARY: A joint report released by the International Center for Transitional Justice (ICTJ) and KontraS (the Commission for the Disappeared and Victims of Violence) examines the variety of state-sponsored initiatives to address mass violations of human rights in Indonesia s...

This paper summarizes the basic facts about the Dujail trial, the first trial before the Iraqi High Tribunal (IHT) against Saddam Hussein and seven others. It also summarizes facts about the IHT in general. It considers both what the Iraqis wanted out of the trial, what such prosecuti...

Much of ICTJ’s work—and in fact much of the field of transitional justice—can be understood as the pursuit of effective remedies for victims of severe human rights violations. A remedy involves two elements: a victim’s access to the appropriate authorities to have his claim fairly hea...

In its primary findings, Kenya's Truth, Justice and Reconciliation Commission noted that women and girls have been subject to systematic, state-sanctioned discrimination in all spheres of their lives, and that the state has failed to take measures to end the practices that restrict wo...

This paper maps out some of the links between transitional justice, SSR, and development. It is argued here that SSR and transitional justice can be understood to complement each other in ways that have received little attention so far, and that bringing in a substantive and direct fo...

This paper explores the intersection between displacement and one particular mechanism of transitional justice—justice-sensitive security sector reform (JSSR). It aims to identify various ways in which JSSR can contribute to the protection of refugees and internally displaced persons ...

The general aim of this paper is to construct an argument about the advisability of drawing links between disarmament, demobilization, and reintegration (DDR) and reparations programs, but not just because this is better from the standpoint of justice. It can be argued that the securi...