Resource Library

Background on the role of amnesty in processes of transitional justice and the 2009 DRC Amnesty Law. Given a fragile justice system and culture of impunity, this law risks rewarding blanket amnesty for all crimes committed in the DRC. ICTJ gives suggestions to break the culture of imp...

Difficult Peace, Limited Justice: Ten Years of Peacemaking in the DRC reviews the efforts to address justice during ten years of varied peace negotiations in the Democratic Republic of Congo. A close look the dynamics of peace talks and the resulting accords -- including those of Sun ...

In October 2008, fighting erupted in the North Kivu province in eastern Democratic Republic of Congo (DRC) between rebel troops of Laurent Nkunda's Congrès National pour la Défense du Peuple (CNDP) movement, local militia groups, and troops of the Forces Armées de la République Démocr...

Situation brief on the International Criminal Court's prosecution against Thomas Lubanga, the former leader of the Union des Patriotes Congolais (UPC) who has been charged with genocide and crimes against humanity. Due to problems with the prosecutor's proposed use of evidence, the tr...

Background on the 2004 ICC arrest warrant for Bosco Ntaganda, wanted for war crimes allegedly committed in the DRC including civilian massacres and the recruitment of child soldiers. In 2009, the Congolese government decided not to arrest Bosco, and instead appointed him a deputy comm...

The three conference organizers stressed the importance of bringing the stakeholders of victim participation in the ECCC together to encourage a dialogue to identify and address the various opportunities and challenges presented by victim participation, particularly as Civil Parties, ...

Background on the massive human rights violations in the states that declared independence from the Former Yugoslavia from 1991 onwards, including Croatia, Bosnia and Herzegovina and Kosovo, resulting in the deaths of over 140,000 people and four million displaced. The fact sheet cove...

The transitional justice review of Bosnia and Herzegovina says that in spite of important achievements in Bosnia and Herzegovina in terms of transitional justice, a number of substantive concerns remain. The report's recommendations include supporting the implementation of the Nationa...

The purpose of this paper is to provide an overview of some of the major issues and recent developments in transitional justice in Serbia and Montenegro. In particular, it examines the International Criminal Tribunal for the former Yugoslavia (ICTY), local trials, the national Truth a...

Transitional Justice and Georgia's Conflicts: Breaking the Silence examines the conflicts involving Georgia from a transitional justice perspective. Frichova argues that introducing this dimension into the public discourse in Georgia and its breakaway territories could help advance co...

ICTJ calls on African states parties to the International Criminal Court to ensure fair and effective justice for serious crimes committed against Africans and others. Written in the lead up to the Rome Statute Review Conference in Kampala, May 2010.

This report provides guidance to policymakers and practitioners on the ways in which transitional justice initiatives may function better in divided societies. If transitional justice can find ways to act as a means of political learning across communities, foster trust and recognitio...

The principle of complementarity is central to the Rome Statute of the International Criminal Court (ICC). According to this principle, the ICC should assume jurisdiction only when states parties are unwilling or genuinely unable to carry out their own investigation or prosecution. Th...

Background on the ICC's record in pursuing prosecutions as a response to massive human rights abuses and discusses hybrid court tribunals as a developing judicial strategy. ICTJ offers insight into trends for states to balance international and domestic pressures to combat impunity fo...

Hybrid courts have ranged from the ad hoc international Criminal Tribunals for the former Yugoslavia and Rwanda (ICTY and ICTR respectively), to the treaty-based Special Court for Sierra Leone (SCSL) and Extraordinary Chambers in the Courts of Cambodia (ECCC), to international assista...

Reparations play a unique role within the transitional justice framework in providing justice for victims.

In the absence of governmental action or as preparation for it, some local communities or civil society groups sometime seek to recognize and investigate the legacy of past human rights abuses. Such actions can help lead to more formal transitional justice approaches, including truth ...

Both of the books reviewed here provide deep analysis regarding the challenges of repairing historical mass crimes and past harmful policies, aswell as the limitations and difficulties of such endeavors.

Of the many challenges that arise when negotiating a transition to peace and an end of war, one of the most difficult can be the tension between prioritizing peace and insisting equally on justice for crimes of the war.

The design and implementation of reparations for victims in the aftermath of large-scale and serious human rights violations is an area rife with challenges.

Of the 26 countries in the lowest bracket of the UN Development Programme’s 2008 Human Development Index, six have large victim communities expecting reparations as a result of truthseeking and criminal justice measures.

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 the aftermath of a conflict, a census and identification program (CIP) verifies membership within one or several security institutions, identifies their institutional boundaries, and helps ensure that individuals do not informally join or leave the institution(s). This report hopes...

The relationship between transitional justice and security system – or sector – reform (SSR)1 is understudied, yet both contribute to state-building, democratisation and peacebuilding in countries with a legacy of massive human rights abuse. Reforming the system to ensure security age...

Transitional justice is a response to systematic or widespread violations of human rights. It seeks recognition for victims and promotion of possibilities for peace, reconciliation and democracy. Transitional justice is not a special form of justice but justice adapted to societies tr...