228 results

In this op-ed, ICTJ Vice President Paul Seils questions the policy objectives of punishing members of FARC accused of the most serious crimes in the ongoing Colombian peace negotiations.

A new paper by the ICTJ on the peace negotiations in Colombia considers the competing goals of punishing members of the FARC who are deemed most responsible for committing serious crimes.

This paper weighs the possible modes and competing policy objectives of punishing FARC members for serious crimes in the context of Colombia’s ongoing peace negotiations. It argues that punishment has to occur in a way that does not damage one of the underlying objectives of the peace...

ICTJ hosts human rights scholar Michael Ignatieff and UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein for an online debate whether the international community is abandoning the fight against impunity.

It has been nearly 30 years since one of the darkest episodes in Colombia’s recent history: the siege of the Justice Palace. Late last year, the families of those disappeared managed to take a step forward in their long struggle to obtain some measure of justice when the Inter-American Court of Human Rights issued a ruling condemning the Colombian state for responsibility in the disappearance of 12 individuals.

With the publication of the much-delayed US Senate Intelligence Committee’s partial report on the CIA’s Detention and Interrogation Program, at long last the truth is out. In this op-ed, ICTJ's President David Tolbert asks the United States to acknowledge the truth, hold the perpetrators accountable and address its obligation to the victims of its detention policies.

Many in Colombia are also interested in learning from international experiences where criminal accountability measures were applied to pursue justice after massive human rights violations, like in Bosnia and Herzegovina, Cambodia, Sierra Leone and East Timor. With the aim of promoting an exchange of ideas on what lessons could be useful for Colombia, the ICTJ will be holding a conference in Bogotá on November 24th.

This briefing paper analyzes and reflects on the development of the ICC prosecutor’s strategy and application of procedural rules, since operations began at the International Criminal Court more than a decade ago. The mixed results of the court’s first cases, which arise from the situ...

This briefing paper provides an overview of the proceedings against Thomas Lubanga before the International Criminal Court since the start of the prosecutor’s investigation in 2004 until the 2012 decisions of Trial Chamber I concerning the verdict, the sentence, and reparations. It id...

This paper provides a description of the brief proceedings against Callixte Mbarushimana and Sylvestre Mudacumura before the International Criminal Court.

This briefing paper provides an overview of the proceedings against Germain Katanga and Mathieu Ngudjolo before the International Criminal Court. The conviction and sentence against Katanga signifies the first final judgment of the ICC.

ICTJ Vice President Paul Seils writes that the ICC cannot endorse impunity measures any more than others committed to the defense of human rights and the struggle for peace and justice.

ICTJ, in cooperation with the United Nations Joint Human Rights Office (UNJHRO) and the United Nations Development Programme (UNDP), organized a high-level conference in Kinshasa today to discuss ways to strengthen the Congolese judicial system and its ability to investigate and prosecute serious crimes, such as genocide, war crimes, and crimes against humanity.

By this summer, dozens of paramilitaries and guerrillas in Colombia's Justice and Peace process will have already spent eight years in prison. In accordance with the law, those who fulfill their obligations to contribute to the truth and provide reparation to victims should be released after serving eight years. In this op-ed, ICTJ's Maria Camila Moreno analyzes the valuable lessons learned through this process.

In this op-ed, ICTJ Vice President Paul Seils argues that the front line of justice must always be national courts and justice systems. "Citizens must see social institutions at work in their home countries, as it is there that courts can repudiate wrongdoing and reaffirm the most fundamental elements of the contract that binds a society together. It is there that having the dignity of a citizen can have its fullest meaning," writes Seils on International Justice Day.

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.

A new amnesty law passed by the government in the Democratic Republic of the Congo (DRC) will grant amnesty to hundreds of members of armed groups engaged in hostilities, including members of the infamous M23 rebels, but stops short of pardoning serious crimes.

To mark International Women’s Day, we invite you to read about four countries at the top of our gender justice priorities in the coming year, each with its own history, context, and complex sets of challenges.

ICTJ is deeply saddened by the death of Guatemalan Supreme Court Justice Doctor Cesar Barrientos Pellecer, this past March 2. Guatemala has lost one of its greatest crusaders against impunity in the country.

Join ICTJ and the Center for Global Affairs for a conversation on how the ICC and the African Union can move forward, and what the AU position means for effective prosecutions within Africa and elsewhere.

Guatemalan lawyers for victims in the case against former dictator Efraín Ríos Mont filed a petition before the Inter-American Commission on Human Rights to condemn the state of Guatemala for the impunity for crimes of genocide and crimes against humanity committed against the Ixil people.

The recent verdict issued by the Justice and Peace Courtroom of the High Tribunal of Bogota on October 30th against Hebert Veloza Garcia, paramilitary commander of the United Self-Defense Forces of Colombia (AUC), sets a valuable precedent for the prosecution of system crimes in Colombia.

ICTJ and the Center for Human Rights and Global Justice at NYU School of Law are pleased to announce that Judge Thomas Buergenthal will be the speaker of the 7th Annual Emilio Mignone Lecture on Transitional Justice. Buergenthal is one of the world’s most distinguished jurists, whose name is synonymous with human rights and international justice. The lecture will be held on Thursday, December 12, from 6:00 to 7:30pm, in New York City.

A short biography of Hebert Veloza Garcia aka "H.H."

The Justice and Peace Chamber ruling in the hearing to verify the legality of the charges against Hebert Veloza Garcia contained information on the context in which these occurred. According to the Tribunal, it thus seeks to “contribute elements that underpin the analysis of the modus operandi, the patterns, if any, and the dynamics in which the criminal structure under the command of Hebert Veloza Garcia, alias “H.H.” was organized, as well as to “establish the judicial truth with respect to the criminal actions of the paramilitary groups in different regions of the country.”

The first verdict in the Justice and Peace process case against paramilitary commander Hebert Veloza Garcia, alias “H.H.”, will be announced on October 30, and will be a landmark in Colombia's compliance with its obligation to investigate, prosecute, and sanction those who have committed international crimes and serious human rights violations in the country.

Next week, the Colombian courts will issue the first partial verdict in the Justice and Peace case against the paramilitary leader Hebert Veloza García, alias “HH,” one of the most significant cases of the Justice and Peace process. Ahead of the HH partial verdict on October 30th, ICTJ is launching a comprehensive timeline on transitional justice measures implemented in Colombia since 2005 that recognize victims' rights to truth, justice, reparations, and the guarantee of non-recurrence.

For more than 20 years, the Amnesty Law has hindered El Salvador from pursuing accountability for perpetrators of serious crimes committed against civilians during the civil war fought between the government and leftist insurgents in the 1980's. However, this may change in very near future. On September 20, the Constitutional Court admitted a petition claiming that the Amnesty Law passed in March 1993 –which shielded perpetrators of serious crimes committed during the 12-year civil war– is unconstitutional.

ICTJ is launching a new multimedia page featuring projects that highlight the human perspective of issues in transitional justice and seek to engage a wide variety of audiences in a discussion on accountability for massive human rights abuses. Here's why we think multimedia can play a key role in deepening public understanding of transitional justice, and convey the guiding principles of ICTJ.

The International Center for Transitional Justice (ICTJ) welcomes today’s verdict in Guatemala by the High Risk Court in the trial of former military dictator José Efrain Ríos Montt. The 86-year-old ex-general was convicted of genocide and crimes against humanity against the indigenous Mayan Ixil population during Guatemala’s Civil War. He was sentenced to a total of 80 years in prison. José Mauricio Rodríguez Sánchez, the co-accused, who headed military intelligence under Ríos Montt, was found innocent.

Nine international human rights and legal groups have welcomed the resumption of the Guatemalan trial of Efraín Ríos Montt, the former military dictator, for genocide and crimes against humanity. The trial has taken another step towards its conclusion with the hearing of final arguments from the prosecution and victims’ representatives today and yesterday.

In this new opinion piece, ICTJ President David Tolbert says the United States has publicly lauded the rule of law as it applies to other countries and offered significant financial and political support to torture victims of foreign regimes; yet it has failed to acknowledge or address its obligation to victims of its own detention policies. To regain its credibility in the eyes of the world, the US government must take steps to acknowledge and address past violations and provide redress to victims of US-sanctioned abuses.

To discuss the recent chain of controversial upsets in the Rios Montt trial, we spoke with two transitional justice experts who have just returned from the courtroom in Guatemala City: Susan Kemp, prosecutions consultant for ICTJ, and Marcie Merksy, Director of Program Office. Informed by extensive work in both criminal justice and Guatemala, they offer an analysis of the dramatic events of the past week, discuss the legal and political complexities of the case, and consider possible scenarios that could develop. [Download](/sites/default/files/ICTJ-Podcast-Riosmontt-Guatemala-04-25-13.mp3) | Duration: 24:10 mins | File size: 22,659 KB

Four international legal and human rights groups are together urging all concerned to ensure that the current trial in Guatemala of former president Efrain Rios Montt on charges of genocide and crimes against humanity proceeds with due respect for judicial independence. The four are: the Open Society Justice Initiative, the International Center for Transitional Justice (ICTJ), the Center for Justice and International Law (CEJIL), and the Washington Office on Latin America (WOLA).

The world has turned its eyes to Guatemala, where the trial of retired generals Efraín Ríos Montt and José Mauricio Rodríguez Sánchez is drawing to a dramatic close. With a verdict expected soon, ICTJ spoke with Francisco Soto, executive director of the Center for Legal Action on Human Rights in Guatemala (CALDH). In this Q&A, Mr. Soto describes how civil society in Guatemala has been a crucial force in the long struggle for justice, and reflects on the historic significance of this trial, for both Guatemala and the world.

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.

In this episode of ICTJ’s podcast, São Paulo-based prosecutor Marlon Weichert provides an overview of how Brazil is dealing with the crimes of the past, through both criminal trials and a truth commission. [Download](/sites/default/files/ICTJ-Podcast-Brazil-Weichert-4-1-13.mp3) | Duration: 15:28 mins | File size: 10,870 KB

In this opinion piece, ICTJ's Sharanjeet Parmar asks: why do international efforts to tackle impunity for sexual violence in the DRC continue to miss the mark? High-level diplomatic visits are important in underscoring the responses needed for sexual violence survivors. However, without a strong political commitment from top Congolese authorities to address rampant impunity for sexual violence, no amount of attention or media coverage will reduce the violence or put an end to the cycles of suffering.

In this op-ed, ICTJ's Marcie Mersky argues that the significance of the genocide trial for José Efraín Ríos Montt stretches far beyond Guatemala: it is the first time that a former head of state is being tried for genocide in a credible national court, by the national authorities, in the country where the alleged crimes took place.

On Tuesday, March 19, the genocide trial of General Efraín Ríos Montt began at the High Risk Tribunal in Guatemala. To talk about this historic development in Guatemala’s pursuit of accountability we talk with us one of the key players: Guatemalan Attorney General Claudia Paz y Paz Bailey

On a historic day for justice in Guatemala and the world, the trial for Guatemala’s former military dictator José Efraín Ríos Montt began this morning in Guatemala City. Ríos Montt and his co-accused, José Mauricio Rodríguez Sánchez – are standing trial on charges of genocide and crimes against humanity during the civil war in Guatemala, in which some 200,000 people were killed or disappeared, a majority of them indigenous Maya.

The decision of a judge in Guatemala City to send former military dictator Efraín Ríos Montt to trial on charges of genocide and war crimes is a watershed moment in the country’s complex journey towards a genuine respect for the rule of law. This genocide trial - the first genuine attempt anywhere to prosecute a former head of state in his own country on charges of genocide – has the potential to shatter a significant part of the wall of denial that surrounds Guatemala. For that to happen, the trial must be fair and free of intimidation, argues ICTJ Vice President Paul Seils in this op-ed.

A former U.S.-backed dictator who presided over one of the bloodiest periods of Guatemala's civil war will stand trial on charges he ordered the murder, torture and displacement of thousands of Mayan Indians, a judge ruled Monday. "It's the beginning of a new phase of this struggle," said Paul Seils, vice president of the New York-based International Center for Transitional Justice.

The latest episode of ICTJ Forum features ICTJ's Marcie Mersky, who joins host and Communications Director Refik Hodzic for an in-depth analysis of news in Guatemala and Nepal, and looks ahead to the next year of transitional justice developments around the world.

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.

In January 2012, Guatemalan General Ríos Montt was formally charged with genocide for ordering massacres during the genocide in Guatemala. Only a year later, justice for victims has come under threat: Guatemalans and the international community are gravely concerned that the Constitutional Court could be pressured into granting amnesty. On Thursday, December 20, ICTJ joined colleagues and partners in the field to send a strong message to Guatemala: architects of atrocity must be held to account.

ICTJ President David Tolbert looks back on transitional justice developments over the span of 2012, talks about the impact of ICTJ's work, and looks ahead to transitional justice developments to come. [Download](/sites/default/files/Tolbert_ICTJ_Podcast_12202012.mp3) | Duration: 30:19mins | File size: 17,760 KB

In Guatemala, it has taken years of relentless organizing by civil society and cooperation with international partners to begin to prosecute the most responsible, but progress has been made. Claudia Paz y Paz Bailey, currently the prosecutor general and head of the Public Prosecutor’s Office, has played an instrumental role in the struggle for accountability. In this recent interview, ICTJ spoke with Ms. Paz about confronting the legacy of the past at the national level within an international system of global criminal justice.

The latest ICTJ Program Report presents ICTJ’s work in Africa. In a deeply insightful interview, Suliman Baldo, director of ICTJ’s Africa program and one of the world’s leading experts on transitional justice in Africa, discusses transitional justice processes in Ivory Coast, Kenya, Democratic Republic of Congo, and Uganda.

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.