63 results

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
Press Releases

African Union Must Act to Address Impunity for International Crimes

In a major effort to promote accountability for serious crimes in Africa, ICTJ joined hundreds of human rights groups and transitional justice partners to ask the African Union to prioritize justice. Addressed to the new African Union (AU) Chairperson Dr. Nkosazana Dlamini-Zuma, the letter warns that strained relationships between the AU and the International Criminal Court (ICC) may put justice at risk.

01/18/13
In Focus

Can International Justice Foster Reconciliation?

On April 10, the UN General Assembly is holding a thematic debate on the role of international justice in reconciliation processes. The debate was called by UN GA President Vuk Jeremic, of Serbia, in the wake of the recent acquittal of Croatian General Ante Gotovina by the International Criminal Tribunal for the Former Yugoslavia. Unfortunately, it has become clear that the real purpose of this debate is directed at undermining the ICTY, rather than to discuss an important issue, not only in the Balkans, but in a growing number of countries.

04/10/13
In Focus

Transcript of the Interview with Albie Sachs

SEILS: ICTJ are delighted to host today a real giant in the world of political and legal struggle. Albie Sachs has not only played a huge and influential role in the development of the South African constitution but after being nominated by Nelson Mandela for 15 years in the new constitutional court...

04/25/11
In Focus

20 Years On, ANC Rules but Legacy of Apartheid Still Lingers

In early May, the African National Congress (ANC) held on to power in South Africa’s general election. However, there is a widespread feeling that the party that oversaw the creation of the groundbreaking Truth and Reconciliation Commission has walked away from its obligations to the South African people.

05/28/14
In Focus

Political Pardons Would Damage the Legacy of South Africa's Truth and Reconciliation Commission

President Jacob Zuma risks irreparably damaging the credibility of core elements of South Africa's deal with the victims of apartheid with his current plan to pardon 149 serious offenders and to potentially consider another 926 applications which are before him. Such a move would mark a profound breach of trust with the victims and South African society at large.

03/06/15
In Focus

Family Seeks Justice in South Africa for Anti-Apartheid Activist 32 Years after her Torture and Disappearance

Thembi Nkadimeng, the sister of disappeared anti-apartheid activist Nokuthula Simelane today filed an application before the Pretoria High Court compelling the National Director of Public Prosecutions and the Minister of Justice to refer the kidnapping, torture, disappearance and murder of Nokuthula Simelane to a formal inquest. This case is aimed at bringing closure to the 32 year old abduction, torture and enforced disappearance of Nokuthula Simelane.

05/20/15
Press Releases

ICTJ: South Africa Allows Bashir to Depart, Dealing Grave Blow to Victims’ Rights and International Justice

The actions of the South African government, in allowing Bashir to depart, have dealt a grave blow to the rights of victims of atrocities in Darfur and to the prospects of establishing a credible system of international criminal justice through the ICC.

06/15/15
Press Releases

ICTJ Deplores ANC Resolution to Lead Africa-wide Withdrawal from ICC

ICTJ deplores the resolution of the African National Congress, at its National General Council meeting on Sunday, to withdraw South Africa from the International Criminal Court and lead an Africa-wide walkout from the court.

10/13/15
Press Releases

ICTJ Denounces South African Government’s Attempt to Exit the International Criminal Court

The International Center for Transitional Justice (ICTJ) decries the announcement that the country will seek to withdraw from the Rome Statute, the treaty that created the International Criminal Court and an international framework for fighting impunity for egregious crimes.

10/21/16
Press Releases

South Africa's Obligations to the ICC Persist

South African authorities apparently believe that once the country has officially withdrawn from the ICC, it will be free to invite the likes of Sudanese President al-Bashir to the country. That's not so, writes ICTJ's Howard Varney, who explains why the country's obligations would continue beyond its departure from the court.

12/12/16
In Focus

AU Strategy for Collective Withdrawal from the ICC a Non-Starter

The Africa Union's resolution to collectively support a strategy to withdraw from the ICC looks more like a machination of those who have instrumentalized an argument against the court to protect themselves from the long arm of justice, write ICTJ's top experts on Africa.

02/16/17
In Focus

In South Africa’s Date with Destiny, Mandela’s Legacy Is a Beacon to Follow

South Africa Parliament faces a historic moment. In this op-ed, ICTJ's Vice President Paul Seils remembers the great hope that marked the ICC’s emergence: "No country embodied that hope and that reality more powerfully and more inspiringly than South Africa."

03/03/17
In Focus

In South Africa, a Ruling in an Apartheid-era Murder Case Opens Paths to Justice

Anti-apartheid activist Ahmed Timol died in South African police custody in 1971, and his family continues to demand justice. While police claimed Timol died by suicide, evidence indicated that he was tortured and murdered. The family’s tenacious efforts led to the reopening of an inquest into Timol's death this year, with ICTJ senior program advisor Howard Varney representing the family. Last month the Pretoria High Court ruled in the family’s favor, finding that Timol did not kill himself but was indeed murdered while in police custody. ICTJ’s Sam McCann sat down with Varney to discuss the ruling, what it means to Timol’s family, and its significance for the fight for justice in South Africa.

11/29/17
In Focus

In Memoriam, ICTJ Founder Alex Boraine

Dr. Alex Boraine, founder of the ICTJ, was larger than life. In his long career, he touched the lives of thousands in his beloved South Africa and around the world.

12/05/18

by

Howard Varney

In Focus

'Prince of Peace' and ICTJ Founder Alex Boraine Laid to Rest

Alex Boraine, founder of the ICTJ and soldier in the struggle for human rights around the world, will be laid to rest in Cape Town today. He has been called the “Prince of Peace” for his lifelong commitment to transforming South Africa’s society through truth, reconciliation, justice, following the horrors of apartheid.

12/12/18
Press Releases

Remembering Alex Boraine: An Intimate Conversation

In December 2018, we mourned the loss of ICTJ's founder, Alex Boraine. On December 12, Fernando Travesí sat down for an intimate conversation with Vincent Mai—ICTJ’s first chairman—to learn more about a life that we will continue to commemorate in the months and years to come.

02/06/19
In Focus

The Evolution of Alex Boraine, ICTJ's North Star

Regardless of how the world remembers Alex Boraine's legacy—or the success and shortcomings of the truth and reconciliation process in South Africa—history will recall that Boraine withstood his own, and his nation’s, transitions to cement his legacy as an architect for truth and reconciliation and a champion for justice for victims.

06/12/19
In Focus

The Future of International Criminal Justice in Africa

Given the political challenges emerging from authoritarian states and conflicts in Africa, what is the best way to pursue accountability for violations of international human rights and humanitarian law on the continent? ICTJ experts Chris Gitari and Howard Varney sit down to discuss regional initiatives, complementarity, and other strategies for pursuing accountability.

10/03/19
In Focus

Advancing Global Accountability: The Role of Universal Jurisdiction in Prosecuting International Crimes

Invoking the principle of universal jurisdiction opens the door to the possibility of some accountability in circumstances where justice is not possible in countries where the crimes took place. This study considers the challenges facing the exercise of universal jurisdiction and asse...

by

Howard Varney and Katarzyna Zduńczyk

Report

South Africa: Notice of Application for Leave to Appeal

Applicants apply to the Supreme Court of Appeal against the judgment regarding North Gauteng High Court, Pretoria.

by

South Africa North Gauteng High Court

Research Brief: Country Case Studies on the Use of Pardons

This research brief provides case studies on the use of pardons in Argentina, Chile, El Salvador, Peru and South Africa following periods of mass abuse, and highlights subsequent political and civil society action to overcome impunity exacerbated by pardons and amnesties.

by

ICTJ

Briefing Paper

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.

ICTJ Presents "Taking a Stand: The Evolution of Human Rights"

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.

09/19/11
In Focus

Argentine ESMA Trials a New Phase for Democracy: Interview with Pablo Parenti

ICTJ spoke with Pablo Parenti about the trial that just concluded which investigated human rights violations and crimes against humanity that occurred at the Naval Mechanics School (ESMA), used as a detention and torture center during the Argentine dictatorship.

12/01/11
In Focus

Interview with Pablo Parenti on the ESMA trials in Argentina

ICTJ interview with Pablo Parenti, of the Attorney General’s Unit for coordination and monitoring cases involving violations of human rights during the Argentine dictatorship.

12/01/11
In Focus

Decades After Dictatorship, Argentina's Courts Still Lead the Fight for Accountability

Argentina’s trials for crimes committed during the dictatorship of military juntas are widely seen as a successful national effort to seek accountability for past abuses. And while victims’ demands for justice continue to remain high, the judiciary is facing challenges to ensure the cases are dealt with expeditiously and fairly. In a interview for ICTJ's Spanish podcast series "Lessons from Latin America," Mirna Goransky, Assistant General Prosecutor for the Attorney General’s Office shares her perspectives on human rights trials in Argentina.

07/26/12
In Focus

Justice for the Disappeared is at the Heart of Transitional Justice

As the world marks August 30, the International Day of the Disappeared, we are reminded that forced disappearances and transitional justice share a common history. Indeed, processes working in concert that came to form the field of transitional justice were born from the search for truth and justice about the disappeared.

08/28/12
In Focus

On the Front Lines of Justice: The Struggle for Accountability in National Contexts

On International Criminal Justice Day, 2014, ICTJ joins the global celebrations marking the groundbreaking establishment of the Rome Statute in 1998, which created the International Criminal Court (ICC). To mark the day, we review five contexts where national systems proved it was possible to bring perpetrators to justice where it matters the most.

07/15/14
In Focus

To Prevent Enforced Disappearances, Rethink the Justice and Security Equation

With enforced disappearances on the rise, ICTJ President David Tolbert says the path to prevention is clear: the international community must reorder its priorities and change its approach. The disproportionate attention on counterterrorism takes us further away from accountability and prevention, Tolbert writes. He urges the international community to lead the way in unequivocally censoring governments that use enforced disappearance as a political tactic — and ensuring there can be no impunity for this crime.

08/30/17
In Focus

UN Special Rapporteur on Transitional Justice Discusses New Mandate with ICTJ

ICTJ was pleased to host the newly elected United Nations Special Rapporteur on the promotion of truth, justice, reparations, and guarantees of non-recurrence, Fabian Salvioli (Argentina), at its New York office, where he discussed his vision and priorities.

06/26/18
Press Releases

Gearing Up the Fight Against Impunity: Dedicated Investigative and Prosecutorial Capacities

This study explores specialized units established in 23 countries to investigate and prosecute serious international crimes. Notwithstanding the challenges faced by these units, the study concludes that countries with a specialized institutional approach are considerably more successf...

several judges dressed in black gowns sit on a judicial bench.
Report

Criminal Prosecutions for Human Rights Violations in Argentina

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...

by

ICTJ; Leonardo Filippini

Briefing Paper

Prosecuting Heads of State: Introduction

In September 1985, ninemembers of Argentina’smilitary junta, whose successive regimes covered the period in Argentine history known as the “dirty war,” walked into a courtroom in downtown Buenos Aires.

by

Lutz, Ellen L; Caitlin Reiger

Book

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 Focus

Impact of the Yugoslav and Rwanda Tribunals: Lessons for the International Criminal Court

View the live broadcast of tonight's panel discussion with Richard Goldstone, David Tolbert, Hassan Jallow and Diane Orentlicher from 6:30pm–8:30pm.

11/29/11
In Focus

Impact of the Yugoslav and Rwanda Tribunals: Lessons for the International Criminal Court

ICTJ and the Center for Global Affairs of New York University (NYU) co-hosted a panel discussion on the impact of international ad hoc tribunals in the former Yugoslavia and Rwanda, and the possible lessons these courts’ experiences hold for the International Criminal Court (ICC). In a discussion...

12/01/09
In Focus

EU Must Protect Bosnia’s War Crimes Court

The War Crimes Chamber of Bosnia’s State Court is one of the most successful undertakings to address the legacy of mass atrocities in national courts. As this important institution finds itself under serious threat, the European Union must act quickly to put a stop to attempts of the Bosnian Serb political leadership to undermine Bosnia’s capacity to prosecute war crimes at state level.

02/08/12
In Focus

Bosnia: The haunting legacy of Ratko Mladic

The trial of Ratko Mladic for genocide, crimes against humanity, and multiple war crimes committed during the war in Bosnia and Herzegovina, began yesterday. But these charges have done little to damage the hero status he enjoys today among the majority of Serbs, writes Refik Hodzic. Unless this legacy is addressed in the communities of Srebrenica and the rest of Bosnia, the outcome of his trial may prove to be merely symbolic, if that.

05/17/12
In Focus

Criminal Justice and Forced Displacement in the Former Yugoslavia

This paper is concerned with the relationship between criminal justice and displacement that has taken place as a result of serious violations of international humanitarian law, and considers these issues within the context of justice efforts in the former Yugoslavia. It argues that i...

by

Joanna Korner

Report

Experts Discuss the Impact of Politics on National War Crimes Prosecutions

ICTJ partnered with the Center for Global Affairs at New York University to explore how political will of international and national actors impacts national war crimes proceedings. The panel examined four diverse country scenarios - the Democratic Republic of the Congo, Serbia, Iraq, and Guatemala.

12/03/12
In Focus

Are We Still Committed To Human Rights For All?

The United Nations has proclaimed December 10 as International Human Rights Day. The date commemorates the signing of the Universal Declaration of Human Rights in 1948, which represented the reaction of the international community to the horrors of the Second World War. Today is a day for reflection more than celebration. A cursory scan of events from the last few weeks has thrown up examples that demonstrate that the belief in human rights for all - in treating all states the same - is more of a tissue-thin membrane than a robust bulwark.

12/10/12
In Focus

Join the Debate: Has the ICTY Contributed to Reconciliation in the Former Yugoslavia?

The Italy-based research center Osservatorio Balcani e Caucaso is hosting an online debate on the ICTY's contribution to reconciliation. The debate, featuring Refik Hodzic of ICTJ and Dr. Janine Clark of the University of Sheffield, who will present arguments for and against the notion that ICTY has contributed to reconciliation. Outside audiences are invited to participate online.

02/19/13
In Focus

Transitional Justice Should Be Part of Serbia’s Accession to the EU

In this op-ed, ICTJ President David Tolbert argues that in order to meet the EU’s high standards on the rule of law and human rights, Serbia must address the legacy of its recent past in which Slobodan Milosevic’s regime and the institutions under its control were involved in some of the most notorious crimes committed in Europe since World War II.

04/03/14
In Focus

Karadzic’s Trial Ends, But His Legacy Lives On

In this op-ed, ICTJ's Refik Hodzic says that five years of a trial, thousands of documents and evidence exhibits, hundreds of witnesses, and hours testimony have not moved Radovan Karadzic closer to acknowledgement of the suffering he inflicted on countless lives.

10/08/14
In Focus

More than prayers, Pope Francis’ actions can help reconciliation in Bosnia and Herzegovina

Ahead of Pope Francis' visit to Bosnia Herzegovina, ICTJ's Communications Director, Refik Hodzic, asks the leader of the Catholic Church to actively contribute to "a genuine reckoning needed for a genuine peace" in a society still stuck in the past, even 20 years after the war.

02/17/15
In Focus

Twenty Years Since Srebrenica: No Reconciliation, We’re Still at War

Bosnia and Herzegovina is marking the twentieth anniversary of the Srebrenica genocide. In this Op-Ed, ICTJ's Refik Hodzic asks, can we constructively talk about reconciliation in a country still gripped by war?

06/29/15
In Focus

Post-Karadzic Bosnia and Herzegovina: The End of the Criminal Justice Era

Bosnian Serb leader Radovan Karadzic was recently sentenced by the ICTY to 40 years for genocide and crimes against humanity, crimes which have decisively shaped the society in Bosnia and Herzegovina. In this essay, ICTJ’s Refik Hodzic explores what would it take for this poisonous legacy to be dismantled and makes a case for acknowledgement and reparations as matters of moral imperative, but also of political necessity.

04/11/16
In Focus

Panel Discussion Examines the Impact of Denial

What happens when a state refuses to acknowledge the suffering of victims of mass atrocities? Or when the public celebrates perpetrators as heroes? Earlier this month, a panel discussion hosted by The International Center for Transitional Justice and New York University’s Center for Global Affairs grappled with the impact of denial on justice.

04/27/16
In Focus

Quiz: How Much Do You Know About Complementarity?

Think you're an expert on how national courts and the ICC work together? Put your knowledge to the test!

07/14/16
In Focus