Resource Library

Ivory Coast: Perpetrators of Abidjan Market Shelling Must Be Brought to Justice

NEW YORK, Mar. 18, 2011 —“Those responsible for the shelling of a market in Abidjan must be identified and held accountable,” said ICTJ president David Tolbert referring to yesterday’s attack on a food market in Abobo, a suburb of the Ivory Coast’s capital, in which 100 people were killed or wounded...

03/18/11

Democratic Republic of Congo: Impact of the Rome Statute and the International Criminal Court

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....

01/01/10

ICTJ; Mima Adjami and Guy Mushiata

Germain Katanga and Mathieu Ngudjolo Chui Face Justice at the ICC

The International Criminal Court (ICC) opened its second trial against Germain Katanga and Mathieu Ngudjolo Chui on November 24, 2009. The men are former leaders of armed rebel movements from the Ituri district in the Democratic Republic of Congo (DRC).

01/01/10

ICTJ

The Democratic Republic of Congo Must Adopt the Rome Statute Implementation Law

Years have lapsed since the Democratic Republic of Congo (DRC) ratified the Rome Statute of the International Criminal Court (ICC) in March 2002, but the DRC government has yet to meet its legal obligation to incorporate the statute into national law. Adopting such legislation is esse...

01/01/10

ICTJ

Kenya: Impact of the Rome Statute and the International Criminal Court

Kenya plunged into a dark episode of violence following the controversial presidential election of 2007. The International Criminal Court’s (ICC) recently announced its investigation into issues of complementarity, peace, justice, victims, and affected communities in the country. ...

06/01/10

ICTJ; Christine Alai, Njonjo Mue

Sudan: Impact of the Rome Statute and the International Criminal Court

Few conflicts have garnered as much attention as the recent one in Darfur. Widespread atrocities reported by several organizations including an International Commission of Investigation compelled the United Nations (UN) Security Council to refer the situation in the western region of ...

05/01/10

ICTJ; Suliman Baldo

Uganda: Impact of the Rome Statute and the International Criminal Court

The situation in Uganda presented a challenging first case for the International Criminal Court (ICC). The origins of the conflict between the Lord’s Resistance Army (LRA) and the government are complex, and many people in the north resent the government for failing to protect them fr...

05/01/10

ICTJ; Michael Otim, Marieke Wierda

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

Jean-Pierre Bemba at the International Criminal Court

Situation brief on the International Criminal Court's upcoming pretrial hearings on whether to pursue charges against Jean-Pierre Bemba for crimes his troops allegedly committed in the Central African Republic (CAR) in 2002-03. The ICC prosecutor opened an investigation in May 2007 in...

01/01/09

ICTJ

Confronting Past Crimes at the National Level

Background on conflict in the Democratic Republic of Congo (DRC) and the Central African Republic (CAR) in the context of Jean-Pierre Bemba’s trial at the International Criminal Court (ICC). The ICC is preparing to prosecute Bemba of the DRC for alleged rapes, torture and murders that...

01/01/09

ICTJ

Amnesty Must Not Equal Impunity

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...

01/01/09

ICTJ

Thomas Lubanga and the ICC

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...

01/01/09

ICTJ

Who is Bosco Ntaganda?

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...

01/01/09

ICTJ

Protecting the Mission and Mandate of the International Criminal Court

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.

10/01/09

ICTJ

The Charles Taylor Trial and Legacy of the Special Court for Sierra Leone

The Special Court for Sierra Leone-which began with the hope that it would be accessible to millions of Sierra Leoneans- has fallen short of its domestic goals. The decision to try Taylor in The Hague, rather than in Freetown, and the lack of adequate outreach activities made the cour...

09/01/09

ICTJ, Mohamad Suma

From the Taylor Trial to a Lasting Legacy: Putting the Special Court Model to the Test

The Special Court for Sierra Leone (SCSL or Special Court) was established in 2002 when the two United Nations (UN) ad hoc international tribunals for the former Yugoslavia and for Rwanda had already existed for several years and when the first lessons could be drawn from their experi...

01/01/09

ICTJ, Thierry Cruvellier

Research Paper / 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.

04/01/09

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.

11/01/08

ICTJ

Research Brief

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

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

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

Report

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

Report

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

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

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

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

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

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

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

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

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: 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

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

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

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

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

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

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

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

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

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

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

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

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

The Case for Justice

Why pursue transitional justice in the aftermath of massive human rights violations? “The Case for Justice” provides a window into the debate about the relevance of transitional justice in today’s world.

07/16/12

International Justice Day Reminds Us: Without Accountability, There Is No Dignity

As we mark July 17, designated International Justice Day by the states parties of the International Criminal Court (ICC) just over two years ago, we should not limit our focus to the work of the court or criminal justice as such. Pursuing justice in the aftermath of atrocity presents an opportunity to do three crucial things: reaffirm a society’s shared values about basic ideas of right and wrong; restore confidence in the institutions of the state charged with protecting fundamental rights and freedoms; and recognize the human dignity of the victims of atrocities that have taken place.

07/17/12

Cote d’Ivoire and the Pendulum of Justice

Though not a state party to the Rome Statute, Cote d’Ivoire accepted the jurisdiction of the ICC through an ad hoc declaration in April 2003, and in December of 2010—in the wake of the post-election crisis—reaffirmed that declaration. It has been more than one year since Cote d’Ivoire began a critical transition from a decade-long civil war that divided the country and led to widespread human rights violations, forced displacement, and loss of civilian lives and property.

07/18/12

Bridging the impunity gap in Kenya requires a holistic approach to transitional justice

Following post-election violence in 2007–2008, Kenya faced a need to hold accountable those most responsible for the fighting that resulted in more than 1,000 deaths and widespread property destruction and displacement. But national judicial mechanisms proved reticent to do so, and in 2010, the situation was adopted by the ICC, who in January of 2012 announced indictments against four suspects.

07/19/12