Resource Library

Ten Years On, Reflections on the Impact of the Rome Statute

July 1, 2012 marked the 10th anniversary of the International Criminal Court (ICC). On this day in 2002, the Rome Statute entered into force to establish the world’s first permanent, international criminal tribunal. On this occasion, we invited ICC Judge Silvia Fernandez de Gurmendi to speak with us for ICTJ’s latest podcast. [Download](/sites/default/files/Fernandez_ICTJ_Podcast_06172012.mp3) | Duration: 18:32mins | File size: 10.6MB

06/29/12

Lubanga Sentence: Historic Test of ICC’s Mandate to Award Reparations to Victims

The trial of Thomas Lubanga before the ICC has the potential to set a critical precedent regarding the right to reparations. In our latest podcast ICTJ's Director of Reparations Ruben Carranza discusses recommendations ICTJ submitted to the ICC concerning the implementation of reparations. [Download](/sites/default/files/Carranza_ICTJ_Podcast_06132012.mp3) | Duration: 16:56mins | File size: 9.69MB

06/18/12

Zuma’s Presidential Pardons Process “Unconstitutional”

Almost 150 criminals, racist killers, and those responsible for mass atrocities committed during and immediately after apartheid have been recommended for special pardon in a deeply flawed and unconstitutional process headed by President Jacob Zuma, the South African Coalition for Transitional Justice (SACTJ) warned today.

06/15/12

Ivory Coast: Hopes and Challenges in Addressing the Legacy of the 2010 Violence

Ivory Coast has embarked on a process of addressing the legacy of internal strife that culminated in the violence following the 2010 presidential elections. There seems to be genuine political will to pursue transitional justice through criminal investigations and truth-seeking, but serious challenges remain. Suliman Baldo, head of ICTJ's Africa Program, discusses these developments in our latest podcast. [Download](/sites/default/files/Baldo_ICTJ_Podcast_06072012.mp3) | Duration: 19.07mins | File size: 10.9MB

06/08/12

Breaking the Ground on Peace and Stability: Transitional Justice and the Rule of Law

Transitional justice, at the core of its mission, strives to “break the ground on a future of peace and stability.” For countries with a violent or repressive past—and this can be said of most—implementing truth-seeking, criminal justice, reparations, and institutional reform measures forms the basis for establishing a culture of justice and respect for the rule of law.

05/15/12

Charles Taylor Verdict and West Africa: Not Even Half the Story

The conviction of former Liberian president Charles Taylor for crimes against humanity and war crimes committed in neighboring Sierra Leone finds both West African countries and the region grappling with his terrible legacy. And while the people, and especially Taylor’s victims, in Sierra Leone welcome it as an important step in the country’s effort to overcome the consequences of the brutal civil war, Liberians are still a long way from seeing accountability for the suffering they endured.

04/26/12

Tunisia Leads the Way in Transitional Justice

The National Conference to Launch a Dialogue on Transitional Justice in Tunisia was held on Saturday, April 14 in Tunis, initiating a process which should result in the adoption of a comprehensive law on transitional justice by the country’s National Constituent Assembly. ICTJ president David Tolbert delivered a keynote address.

04/16/12

Building the First Line of Defense against Impunity: Podcast with Phakiso Mochochoko

The global struggle against impunity relies on a frontline of national judicial systems willing and able to prosecute war crimes, crimes against humanity, and genocide. In this final podcast on complementarity, Phakiso Mochochoko, head of the Jurisdiction, Complementarity, and Cooperation Division of the International Criminal Court, discusses the role the court must play in supporting complementarity in practice. [Download](/sites/default/files/Mochochoko_ICTJ_Podcast_03202012.mp3) | Duration: 10:17mins | File size: 5.88MB

03/26/12

ICTJ Congratulates Pablo de Greiff on Nomination for Special Rapporteur on Transitional Justice

NEW YORK, March 22, 2011—The International Center for Transitional Justice (ICTJ) congratulates Pablo de Greiff, director of ICTJ’s Research Unit, on the nomination as the first UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence of serious crimes and gross violations of human rights.

03/22/12

ICC Asked Tough Questions by Historic First Judgment

After three years on trial and a total of seven in detention, Thomas Lubanga gained the dubious notoriety of becoming the first person to be convicted by the International Criminal Court (ICC) in The Hague. It would be encouraging if the court, including the prosecution, indicated it saw Lubanga’s judgment as an opportunity to learn critical lessons as well as celebrate a historic day in international justice.

03/19/12

U.S. Pressure Needed to End Impunity in the Congo

For the millions of victims of the country’s successive wars, Lubanga is just one of many who are responsible for crimes on an astonishing scale. Congolese authorities must end the widespread impunity enjoyed by those who remain in positions of power in the government and military or violence and instability are likely to continue for years to come.

03/13/12

A Complementarity Case Study in Uganda: Podcast with Justice Akiiki Kiiza

Uganda's first trial for war crimes committed by the brutal Lord's Resistance Army rebel movement is currently underway. To further ICTJ’s special podcast series on complementarity, we sat down with Justice Dan Akiiki Kiiza, head of Uganda's International Crimes Division, to discuss the progress and challenges of complementarity in the country. [Download](/sites/default/files/Akiiki_Kiiza_ICTJ_Podcast_02192012.mp3) | Duration: 09:44mins | File size: 5.57MB

02/22/12

ICC's Kenya decision is no cause for celebration

Last week's decision by the International Criminal Court (ICC) in The Hague confirming four Kenyans must answer to charges of crimes against humanity does not excuse their government from responsibility to pursue justice at home, writes ICTJ vice president Paul Seils.

01/31/12

Kenya: ICC Decision a Reminder Victims Are Still Waiting for Justice

The decision of the International Criminal Court (ICC) confirming charges of crimes against humanity against William Ruto, Joshua Sang, Francis Muthaura, and Uhuru Kenyatta, and declining to confirm charges against Henry Kosgey and Mohammed Ali is a reminder that the vast majority of victims have still not seen justice done, the International Center for Transitional Justice (ICTJ) said.

01/24/12

A Court for Victims: Podcast on the Special Court for Sierra Leone

Today marks the tenth anniversary of the formal end to Sierra Leone's brutal civil war. Binta Mansaray, registrar of the Special Court for Sierra Leone, discusses how having the court's proceedings based nationally enabled the inclusion of victims in the justice process and facilitated national capacity building. [Download](/sites/default/files/Mansaray_ICTJ_Podcast_01172012_2.mp3) | Duration: 11:00mins | File size: 6.36MB

01/18/12

Kenya: Kiplagat’s Return to TJRC an Act of Impunity

Ambassador Bethuel Kiplagat’s recent attempt to return to the Truth, Justice and Reconciliation Commission (TJRC)—pending resolution of serious allegations implicating him in acts connected to human rights violations and corruption—threatens the viability and credibility of the TJRC process, ICTJ said.

01/17/12

Yemen: Amnesty Law in Breach of International Law and Yemen’s Obligations

Yemen’s national unity government last week adopted a draft law giving President Ali Abdullah Saleh immunity from prosecution as part of a deal brokered by Gulf states and other international sponsors. Human rights activists in Yemen and elsewhere have vehemently rejected the law as an affront to justice. [Download](/sites/default/files/Seils_ICTJ_Podcast_01092012_2.mp3) | Duration: 12:00mins | File size: 8.37MB

01/11/12

El Tumi: Libyans Want to See Justice Done in Libyan Courts

As part of a special podcast series on complementarity, ICTJ speaks with Tarik El Tumi, program director for the Libyan NGO Lawyers for Justice, about the capacity of the Libyan judiciary to address the legacies of the Gaddafi dictatorship and the role the ICC can play in facilitating this process. [Download](/sites/default/files/El_Tumi_ICTJ_Podcast_01022012.mp3) | Duration: 8:00mins | File size: 4.6MB

01/03/12

Greentree Meeting Advances Complementarity from Policy to Practice

As ICTJ co-hosts a discussion on complementarity on the margins of the Assembly of State Parties (ASP) of the International Criminal Court (ICC), the principle of ensuring accountability for serious crimes has seen a major breakthrough at a recent high-level meeting at Greentree. The meeting brought together international justice actors, development practitioners, UN representatives, and national rule of law actors to discuss the practical implementation of complementarity and how to strengthen domestic systems seeking to investigate serious crimes.

12/16/11

ICTJ Launches Special Podcast Series on Complementarity

In an effort to advance dialogue on accountability for crimes against humanity and genocide, ICTJ has launched a special podcast series on complementarity, speaking with leading global voices in international and national justice, civil society, policy, and development. [Download](/sites/default/files/Greentree_Collage_ICTJ_Podcast_12142011.mp3) | Duration: 09:51mins | File size: 5.6KB

12/16/11

ICTJ Welcomes the Election of Fatou Bensouda as Prosecutor of the ICC

NEW YORK, Dec. 14, 2011—ICTJ welcomes the election of Fatou Bensouda of Gambia as the next prosecutor of the International Criminal Court (ICC). Ms. Bensouda was unanimously elected December 12 by the Assembly of States Parties (ASP) during its 10th session in New York City, and will be the court's second prosecutor, commencing in June 2012.

12/14/11

Impunity Must be Fought at the National Level: Podcast with David Tolbert

If the international community is seriously committed to fighting impunity for mass atrocity, national courts in the countries where such crimes have been committed must be at the frontline. International development actors are crucial to making this possible. [Download](/sites/default/files/Tolbert_ICTJ_Podcast_11302011_2.mp3) | Duration: 12:33mins | File size: 7KB

12/05/11

Justice and Development: Nexus at the Heart of Arab Spring

This year’s Annual Emilio Mignone Lecture on Transitional Justice, coordinated by ICTJ and the Center for Human Rights and Global Justice at the NYU School of Law, focused on the intersection between transitional justice and international development.

11/17/11

Reaction to the death of Judge Antonio Cassese from the legal community

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."

10/29/11

Ten Years On, ICTJ Continues to Develop the Field of Transitional Justice

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.

09/27/11

From Milosevic to Mubarak: Prosecuting Heads of State, Podcast with Caitlin Reiger

In this podcast, Caitlin Reiger, director of international policy relations at ICTJ, and coeditor of Prosecuting Heads of State, discusses the phenomenon of accountability at the most senior level of government in the context of ongoing trials of Mubarak and Ben Ali and the calls to bring to justice current and former heads of state accused of human rights abuses. [Download](/sites/default/files/Masic_ICTJ_Podcast_07312011.mp3) | Duration: 7:27mins | File size: 4.56MB

08/17/11

Syria: UN and Arab League Must Act Swiftly to Address Crimes

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.

08/16/11

Save the Judiciary, Save the Revolution

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.

08/08/11

Steps to Accountability in Tunisia: Podcast with Habib Nassar

In this week’s podcast Habib Nassar, director of ICTJ’s Middle East and North Africa Program, addresses questions of fairness and credibility of the in-absentia trial of Ben Ali, the relationship between economic and human rights crimes, and the significance of Tunisia's ratification of the Rome Statute. [Download](/sites/default/files/Reed_ICTJ_Podcast_06052011.mp3) | Duration: 7mins | File size: 4MB

06/27/11

Ivory Coast Must Avoid Victor’s Justice: Podcast with Suliman Baldo

Suliman Baldo, director of ICTJ’s Africa Program, just returned from the Ivory Coast, where he was one of three members of a UN Commission of Inquiry that delivered a report on post-election violence to the UN Human Rights Council on June 15. [Download](/sites/default/files/Baldo_ICTJ_Podcast_06232011.mp3) | Duration: 12mins | File size: 6.8MB

06/24/11

Law of the Supreme Iraqi Criminal Tribunal

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...

10/18/05

Al-Waqa’i Al-Iraqiya (Official Gazette of the Republic of Iraq)

Speaking Clearly: The ICC's Challenge in the Middle East and North Africa

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.

06/09/11

Exploring the Relationship Between the Special Court and the Truth and Reconciliation Commission of Sierra Leone

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...

06/24/02

ICTJ; Marieke Wierda, Priscilla Hayner, Paul van Zyl

Sierra Leone's Truth & Reconciliation Commission and Special Court: A Citizen's Handbook

This handbook explains the mandate, origins, purposes, and operating methods of the Truth and Reconciliation Commission (TRC) and Special Court in Sierra Leone. It discusses the differences and similarities between them, in clear, non-technical language. The TRC and Special Court can...

03/01/03

ICTJ, National Forum for Human Rights; Paul James-Allen, Sheku B.S. Lahai, Jamie O'Connell

Book

The Special Court for Sierra Leone: The First Eighteen Months

This report describes the Special Court for Sierra Leone’s accomplishments in the first 18 months of its mandate. The Court was established to try "those bearing the greatest responsibility" for serious violations of international law and certain provisions of domestic law since Nove...

03/01/04

ICTJ

Creation and First Trials of the Supreme Iraqi Criminal Tribunal

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...

10/01/05

ICTJ

The Special Court for Sierra Leone Under Scrutiny

This case study provides basic information and policy analysis on the Special Court for Sierra Leone. It aims to help guide policymakers establishing and implementing similar mechanisms. The Court broke new ground in terms of narrowly focusing on those bearing the greatest responsibi...

03/01/06

ICTJ; Tom Perriello, Marieke Wierda

Dujail: Trial and Error?

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...

11/01/06

ICTJ

The Anfal Trial and the Iraqi High Tribunal Update Number Three: The Defense Phase and Closing Stages of the Anfal Trial

This update series summarizes developments in the Anfal trial of Saddam Hussein, his cousin Ali Hassan al-Majid, and five other co-defendants before the Iraqi High Tribunal. It covers the trial's defense and closing phases. Five of the six defendants were sentenced to either multiple ...

01/01/06

ICTJ; Clark Gard

Symposium: The Trial of Saddham Hussein

This article examines and evaluates the Iraq Tribunal's Dujail Trial. The trial marks the beginning of a longer accountability process in the country and can potentially make a lasting contribution to transitional justice. This study assesses the fairness and effectiveness of the tria...

01/01/06

Ethics & International Affairs; Miranda Sissons

The Prosecution Witness and Documentary Evidence Phases of the Anfal Trial

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 ...

06/01/07

ICTJ; Ezekiel Simperingham, Clark Gard

Was the Dujail Trial Fair?

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 inter...

01/01/07

ICTJ; Miranda Sissons and Ari S. Bassin

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

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...

01/01/07

ICTJ; Marieke Wierda, Habib Nassar, and Lynn Maalouf

The Impact of the ICC in the Sudan and DR Congo

This paper assesses the impact of the International Criminal Court (ICC) on conflicts in Sudan and the Democratic Republic of Congo (DRC). The Sudanese government challenged and undermined the jurisdiction of the ICC from the start. Conversely, the leading actors in the DRC supported ...

06/01/07

ICTJ; Suliman Baldo

A Question for Assad to Ponder

As the number of victims of violence against demonstrators in Syria, Yemen, Bahrain and elsewhere in the region rises, a question emerges for the government of Bashar al-Assad of Syria, but also those of Ali Abdullah Saleh of Yemen, Hamad bin Isa al-Khalifah of Bahrain and the vacillating international community: Can impunity for such crimes be permitted in this day and age?

05/03/11

In the High Court of South Africa: Judgment: Nkadimeng, et al

Document from the High Court of South Africa regarding a case on enforced disappearances.

12/01/08

Briefing Paper: Iraq's new "Accountability and Justice" Law

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...

01/22/08

ICTJ; Miranda Sissons

Handbook on The Special Tribunal for Lebanon

The Special Tribunal for Lebanon is an internationalized court that will sit in the Netherlands and seek accountability for a specific set of crimes in Lebanon. It remains to be seen whether or how the Tribunal might contribute toward accountability in Lebanon, but it is clear from ex...

04/01/08

ICTJ; Friedrich Ebert Stiftung