1408 results

This paper analyzes the serious crimes process the UN established in Timor-Leste to try serious violations of human rights perpetrated in 1999. The main difficulty facing this process is that the vast majority of suspects are in Indonesia, and the Timorese government has not been able...

This study examines various aspects of existing reparations following the 1991-1999 conflicts in the former Yugoslavia. It clarifies the different categories of reparation; identifies groups potentially entitled to compensation; assesses the extent and fairness of existing policies; a...

This report provides parameters for the creation of a reparations program in Peru. The program must be included in the process of raising a new national awareness in Peru regarding past abuses and building a legal-political framework more responsive to human rights. To ensure sustaina...

This report presents a study of ex-combatants' knowledge and opinions of the Truth and Reconciliation Commission (TRC) and Special Court (SC) in Sierra Leone. Ex-combatants and these accountability institutions are interdependent. Ex-combatants need the TRC and SC to help them reinteg...

This paper explores practical issues regarding the relationship between the Truth and Reconciliation Commission (TRC) and Special Court (SC) in Sierra Leone. It looks at: 1) the legal relationship of the Commission and the Court; 2) the question of whether the TRC information should b...

The ICC is the most significant international development of our time in the fight against impunity. Since July 1, 2002, when it entered into force, the Rome Statute system has profoundly changed responses to international crimes. The Review Conference is a landmark opportunity to ass...

This memorandum is a legal analysis of the applicability of the UN Convention on the Prevention and Punishment of the Crime of Genocide to events which occurred in Turkey-Armenia during the early twentieth century. It was drafted by independent legal counsel based on a request made to...

On May 11, the South African Department of Justice and Constitutional Development (DOJ) invited comments on new regulations governing the distribution of reparations to victims of the apartheid era in the form of medical and educational benefits. Civil society organizations and groups representing survivors’ interests have raised concerns regarding the scope of the regulations, as well as the DOJ’s overall failure to engage with survivors and consider their views when drafting reparations policies.

This policy brief reviews the work of the United Nations Human Rights Council as it relates to transitional justice, five years after the Council's establishment. Overall findings indicate that the Council and its mechanisms, notably the system of Special Procedures, have approached j...

In April, the World Bank released its 2011 World Development Report (WDR) entitled Conflict, Security, and Development. It is the first WDR that links transitional justice to security and development and places human rights violations at the heart of its analysis of conflict. ICTJ has...

In April, the World Bank released its 2011 World Development Report (WDR) entitled Conflict, Security, and Development. It is the first WDR that links transitional justice to security and development and places human rights violations at the heart of its analysis of conflict. ICTJ has produced a fact sheet outlining the core findings of the report as they pertain to transitional justice.

The International Criminal Court (ICC) must better communicate what is driving its actions to the public of the Middle East and North Africa (MENA) and elsewhere around the world if it is to develop confidence in its capacity to act as a guardian of international criminal law.

The South African Coalition for Transitional Justice (SACTJ) submits the following comments regarding the May 11, 2010 General Notice 282 published in the Government Gazette. The Coalition objects to the Notice 282 regulations on procedural, constitutional, and international law groun...

ICTJ has released One morning they came to our community: Stories of political violence in communities of Peru, a compilation of victims’ stories about Peru’s internal armed conflict from 1980 to 2000. The stories constitute an important form of recognizing the truth, as well as a demand for justice and reparations.

This report describes the Supreme Iraqi Criminal Tribunal. It discusses the court's establishment and organization, jurisdiction, individual criminal responsibility, rules of procedure and evidence, and general principles of criminal law. It examines, in depth, the guidelines and fram...

The UN Human Rights Council and its mechanisms, notably the system of special procedures, have approached justice for mass atrocities in a piecemeal and sometimes politicized manner, according to a new ICTJ policy briefing.

The Canadian Truth and Reconciliation Commission (TRC) will hold its second of seven national events from June 28 to July 1 in Inuvik, Northwest Territories. The event will provide survivors of Canada’s Indian Residential Schools (IRS) and other participants an opportunity to contribute to documenting and publicizing what took place in this program of forced assimilation.

Although Brazil's dictatorship ended years ago, focus on transitional justice there is peaking now, as debate stirs over how to best address its past. Recent developments - including the Brazilian government's proposal of a truth commission, the opening of national archives, and the Inter-American Court of Human Rights' decision limiting the 1979 amnesty law - are at the core of the discussion. Eduardo Gonzalez, director of ICTJ's Truth and Memory Program, discusses the role accountability for the past can play in Brazil today.

The second Latin American Conference on Transitional Justice closed July 8. In the concluding remarks, ICTJ Truth and Memory Program Director Eduardo Gonzalez stated that while this conference has focused on sharing the comparative experiences throughout Latin America, this has not been an academic exercise but a call to action. Read more on the conference blog

This paper analyzes the Maubuti case in Timor-Leste, the third serious crimes case to be brought to trial after the closure of the UN-supported Serious Crimes Unit in 2005. Maubuti was indicted for crimes against humanity including murder, attempted murder, and rape. The decision and ...

“Residential schools affected everything about how we live. They targeted and destroyed our strong family unit, the basic foundation of our communities. They destroyed the glue that holds us together—love, respect and sharing.” These words, spoken by Charlie Furlong, a community leader of the Gwich'in people of Canada’s Northwest Territories, sum up the chilling legacy of the country’s policy of forced assimilation of indigenous cultures implemented through a system of Indian Residential Schools (IRS) from the 1870s to 1998.

As we approach International Justice Day on July 17, calls for accountability for human rights abuses resound across the globe, from Cairo to Washington, from Bogotá to Kinshasa, from Srebrenica to Colombo. The demands for justice are today a driving force of social change and popular revolutions, and their reach now extends to those at the highest levels of power.

NEW YORK, July 19, 2011—Leaders of the global indigenous rights community gathered in New York today for a three-day meeting to discuss how truth commissions can support indigenous rights. The Strengthening Indigenous Rights through Truth Commissions conference was organized by the International...

ICTJ's expert conference on the relationship between truth-seeking and indigenous rights is in session. View the live stream here.

ICTJ hosted a conference on “Strengthening Indigenous Rights through Truth Commissions” July 19-21, 2011. Regional and international experts convened to discuss how truth commissions can incorporate and address indigenous peoples’ rights. Videos of each session and summaries of the conference proceedings are available.

This paper documents the opinions of victims of human rights violations in Kenya about the country’s unfolding transitional justice process. The first section gives background into the human rights violations; the second section presents victims ideas about reparative justice. The rep...

As Kenya continues to address its 2007-08 postelection violence, greater emphasis should be placed on victims’ reparative justice demands, according to a new ICTJ report. The report, “To Live as Other Kenyans Do”: A Study of the Reparative Demands of Kenyan Victims of Human Rights Violations, is a...

ICTJ filed an amicus brief in the apartheid reparations case before the Southern District Court of New York on November 25, 2009. The brief supports a decision by the South African Government not to oppose legal action against five international companies that are accused of aiding an...

Almost a year after the second post-election transition in Burundi, national and international attention is focused on the willingness and ability of the new government to implement the decisions agreed to during negotiations that culminated in the historic August 2000 peace and recon...

ICTJ is pleased to present the KickStarter campaign to launch the Iriba Center for Multimedia Heritage in Kigali, Rwanda. The Iriba Center, whose name means “the source,” is a project to make accessible an audiovisual history of Rwanda, to “keep the country’s history alive.”

The appearance of Hosni Mubarak in the opening of his trial this week reassured millions of Egyptians that their revolutionary struggle was not in vain. But the truth about Mubarak’s ability to participate in his trial is still unclear. With the public doubting the court’s seriousness, Mubarak’s appearance could have been a political decision aimed at boosting confidence. If this is the case, the judiciary risks appearing politicized in the eyes of Egyptians.

We are pleased to announce the launch of ICTJ's new Arabic website at ictj.org/ar. The website’s redesign comes as part of ICTJ’s effort to make our expertise and knowledge readily available to audiences in the Middle East, North Africa and other Arabic-speaking countries. David Tolbert, ICTJ...

Women played a crucially important role in brokering peace in Solomon Islands but they still face significant barriers to inclusion in transitional justice initiatives. ICTJ has been working closely with women groups to facilitate their formal contribution to the Truth and Reconciliation Commission (TRC).

As the international community considers its response to the surging violence in Syria, those responsible for gross human rights violations in the country should be held to account, said the International Center for Transitional Justice (ICTJ) today.

Since 1990, 65 former heads of state or government have been legitimately prosecuted for serious human rights or financial crimes. Many of these leaders were brought to trial in reasonably free and fair judicial processes, and some served time in prison as a result. This book explores...

At this conference which will be held August 24 in Bogotá, national and international actors will present reflections and recommendations on criminal investigation and prosecution strategies, such as the selection and prioritization of cases, for a better development of the Justice and Peace Process in Colombia.

As gunfire dies down over Tripoli, the new Libyan authorities will be coming to terms with enormous dilemmas about the hierarchy of priorities in building a new society. Their offices will see long processions of emissaries from near and far in the coming days and weeks. Some will be sternly pressing for issues of security to be immediately addressed and others will demand that business and development concerns precede all else, while there are also bound to be those advocating for justice to be done first and quickly.

“Through a New Lens: A Child-Sensitive Approach to Transitional Justice” analyzes experiences of four countries—Liberia, Democratic Republic of Congo (DRC), Colombia and Nepal—and identifies some key lessons on children’s participation in transitional justice measures. Authored by Céc...

In a conversation dedicated to the International Day of the Disappeared, Eduardo Gonzalez, director of ICTJ’s Truth and Memory Program talks to Jose Pablo Baraybar, director of the Peruvian Forensic Anthropology Team. Gonzalez and Baraybar explore why it is crucial for societies in transition to address the issue of the disappeared, the tension between demands of conventional justice and the right to truth, and the need for a strategy in searching for the disappeared.

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 ...

In their debate hosted by the Economist, Richard Dicker and Jack Snyder have touched on critical issues that frame the peace and justice debate. In my view, however, the peace and justice debate should focus more concretely on the central issues that will affect the lives of victims and affected societies, rather than solely seeking to resolve geopolitical or national power dynamics.

Taking a Stand: the Evolution of Human Rights, a book by former ICTJ president Juan E. Méndez, provides an eye-opening firsthand account of the fight against violations of human rights and impunity. Taking a Stand offers tangible policy recommendations to be undertaken by the international community to uncover the atrocities of the past and prevent further abuse.

ICTJ applauds Brazil’s momentous step toward the creation of a truth commission and notes opportunities to ensure its success. Brazil’s Chamber of Deputies approved on Wednesday a bill creating the National Truth Commission to establish the facts and responsibilities about crimes committed under the country’s military regime.

As ICTJ celebrates ten years of existence and contribution to the development of the field of transitional justice, we are poised for a future of continued engagement with partners and communities seeking to overcome legacies of mass violence and repression. Ten years on, we now work in a world increasingly aware of the of the costs of failing to systematically transition from conflict and human rights abuse to the rule of law and equal rights for all citizens, and on the other hand, of the increasing complexity of doing so.

ICTJ enthusiastically welcomes today’s decision of the United Nations Human Rights Council to establish a mandate for a special rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence of serious crimes and gross violations of human rights.

Since the beginning of the 1980s, Latin American countries have undergone various processes of political transformation. In general terms, this change has consisted of a transition from authoritarian to democratic regimes. In some specific cases, such as Guatemala and El Salvador, the...

ICTJ hosted its third Intensive Course, Truth-seeking and the Challenge of Sustainable Peace, on September 26–30. Based on concrete field experience, the participants explored the relationship between truth-seeking and peace in societies that have experienced or are still experiencing armed conflict.

Morocco’s “Years of Lead” period was marked by policies of state violence against political dissidents including torture, arbitrary detention, and enforced disappearances. “ Morocco: Gender and the Transitional Justice Process” analyzes whether the various transitional justice processes undertaken by the IER sufficiently fulfill the gender-specific focus of its mandate.

NEW YORK/BRASÍLIA, Oct. 27, 2011—The Brazilian Senate’s passage of the National Truth Commission bill yesterday represents an important step for the struggle against impunity. The Government of Brazil now has the opportunity to acknowledge a painful past and to implement an effective tool to establish the facts about past abuse, to help victims heal and to allow Brazilian society to understand a painful period of their history, therefore preventing recurrent violations.

David Tolbert, President of International Center of Transitional Justice: "I join many others in giving a final salute to Nino Cassese. He was man of extraordinary energy, singular determination and extraordinary intellectual talents but at the same time was an unassuming man, with a ready smile, an engaging anecdote and plenty of self-deprecation. Nino was a driving force behind the field of international criminal justice, not only through his leadership of both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL) but through his unstinting writing and advocating on this most crucial of subjects."