128 results

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

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

In Colombia, international crimes can be tried under the ordinary national jurisdiction as well as a limited number of cases under the Justice and Peace Law of 2005 (JPL). Neither jurisdiction has served to highlight the widespread or systematic nature of state-sponsored violence. ...

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ICTJ; Amanda Lyons, Michael Reed-Hurtado

Briefing Paper

That Someone Guilty Be Punished: The Impact of the ICTY in Bosnia

Bosnians have a range of expectations of the ICTY—or as it is known in the region, “the Hague Tribunal” or simply “The Hague”—comparing their hopes to the goals enunciated by the Security Council when it created the Tribunal and by the ICTY itself.

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ICTJ, Open Society, Diane F. Orentlicher

Report

The Future of International Justice: National Courts Supported by International Expertise

It is highly unlikely that we will see ad hoc international tribunals or elaborate hybrid courts such as the SCSL and the ECCC in the future, asserted ICTJ President David Tolbert at an expert meeting about the future of international justice in light of past experiences and progress made at the...

04/22/11
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

The War Crimes Chamber in Bosnia and Herzegovina: From Hybrid to Domestic Court

The War Crimes Chamber of the Court of Bosnia and Herzegovina, which began its work 9 March 2005, has been the most significant national effort in Bosnia and Herzegovina to investigate and prosecute persons allegedly involved in serious violations of international law during the 1992–...

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ICTJ; Bogdan Ivanisevic

The Criminal Procedure for Justice and Peace (Spanish)

This is a compilation of cases from the Criminal Chamber of the Supreme Court of Colombia.

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ICTJ, ASDI

Book

U.S. Counter-Narcotics Interests Killing Colombian Victims’ Hope

As the United States and Colombia near the signing of a free-trade agreement and resolve differences over labor rights and other issues, the problematic extraditions of paramilitaries accused of savage crimes committed during the years of counter-insurgency remain far from the spotlight.

05/13/11
In Focus

Against the Current: War Crimes Prosecutions in Serbia

This report examines the effectiveness of war crimes prosecutions in Serbia. While the War Crimes Chamber (WCC) and the Office of the War Crimes Prosecutor (OWCP) have had some success, significant concerns exist - such as opposition from ethnic nationalists. Despite shortcomings, the...

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ICTJ; Bogdan Ivanišević

Report

Lessons from the Deployment of International Judges and Prosecutors in Kosovo

This case study reviews and analyzes the deployment of international judges and prosecutors in Kosovo. It is part of a series providing information on hybrid courts' policy and practical issues. Although the Kosovo system of international judges and prosecutors has made significant st...

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ICTJ; Tom Perriello, Marieke Wierda

Report

Genocide a Fitting Charge for Mladic

The arrest of Ratko Mladic reignited debates on a wide spectrum of related issues, from its implications on the prospects for true reckoning with the past in the countries of the former Yugoslavia to the possible jolt it will give to Serbia’s hopes of joining the European Union. Beyond the immediate impact on the region, the strongest reverberations of Mladic’s transfer to the International Criminal Tribunal for the former Yugoslavia (ICTY) will be felt in the discourse on international justice.

06/02/11
In Focus

Asia: Experts Meet to Discuss Challenges and Opportunities for Prosecuting Serious Crimes

JAKARTA, Nov. 15, 2011—Experts and stakeholders from Cambodia, the Philippines, Bangladesh, Indonesia, Burma, Timor-Leste, Thailand, and Nepal, along with international experts are gathering in Jakarta’s Hotel Atlet from November 15–16 to discuss the need for progress on prosecuting serious crimes in Asia.

11/15/11
Press Releases

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

Guatemala: Genocide Case Vital Step to End Decades of Impunity

On Thursday, January 26, retired Guatemalan general Efraín Ríos Montt will stand before a judge in a Guatemalan court to hear the charges brought against him for genocide and crimes against humanity. ICTJ commends Guatemala for taking these important first steps to bring justice to bear after decades of impunity.

01/25/12
Press Releases

Guatemala Genocide Ruling a Triumph for Survivors

The last few decades have seen a revolution in the global struggle against impunity, but the decision to put General Efraín Ríos Montt on trial for crimes against humanity and genocide in Guatemala ranks among the most astonishing developments. Belatedly, but valiantly, a new breed of prosecutors, led by Attorney General Claudia Paz, have finally allowed his victims' pleas for justice to be heard.

02/02/12
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

Guatemala’s Search for Justice Continues: A Conversation with Prosecutor General Claudia Paz

The search for justice in Guatemala continues, more than 15 years after the end of its long and brutal civil war. Claudia Paz, Guatemala’s prosecutor general and head of the Public Prosecutor’s Office, spoke with ICTJ about the struggle of victims and survivors to obtain justice for the crimes they suffered.

03/30/12
In Focus

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
In Focus

Feature Series: Colombia’s Justice and Peace Process

Colombia’s Justice and Peace Law (JPL) lies at the heart of the country’s efforts to dismantle notorious paramilitary groups and provide justice to thousands of their victims. As the government seeks to reform the JPL to allow for a more effective process, ICTJ will run a series of features to provide a deeper insight into the background and successes and challenges of the law.

05/08/12
In Focus

Justice and Peace Process Should Lead to the Most Responsible

Colombia continues to endure a complex conflict spanning more than four decades that has resulted in almost 400,000 registered victims and has displaced more than three million people. In a podcast with ICTJ’s vice president Paul Seils, we explore the concepts of prioritization and selection of cases and their relevance to Colombia's Justice and Peace process.

05/09/12
In Focus

Justice and Peace: Progress and Great Challenges

It has been nearly seven years since the passage of the Justice and Peace Law (JPL) in Colombia. The process continues today amidst controversies and important reflections on the direction it should take. What progress has been made and what are the shortcomings of how the law has been implemented?

05/10/12
In Focus

Reforming the Justice and Peace Law: A Forum for Debate

With the goal of creating an opportunity for debate between civil society and the Colombian government on JPL reform, ICTJ and the Mission to Support the Peace Process from the Organization of American States have organized an event titled “Challenges and Opportunities of the Justice and Peace Law Reform,” to take place May 14 in Bogotá.

05/11/12
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

ICTJ Presents Granito: How to Nail a Dictator

Granito: How to Nail a Dictator, a recent documentary from Skylight Pictures, shows the international effort that has worked tirelessly to bring Montt to account for his crimes. ICTJ is pleased to announce that Granito will be aired on Thursday, June 28 at 10pm on the PBS series P.O.V.

06/26/12
In Focus

In Renewed Effort to End Hostilities, Colombia Adopts New Transitional Justice Tools

After several months of intense political debate, Colombia’s Senate passed constitutional reform measures containing extensive transitional justice provisions. The Legal Framework for Peace was adopted to confront decades of massive human rights violations and help to bring a sustainable peace to Colombia’s ongoing internal armed conflict.

07/11/12
In Focus

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
In Focus

“No Accountability, No Dignity:” Colombia Celebrates International Justice Day

As Colombia marked International Justice Day, the importance of accountability for violations committed during the decades of conflict was underscored in the number of victims awaiting justice—376,000 registered in the Attorney General’s Office, more than 4 million in total. And while July 17 is celebrated as the date of adoption of the Rome Statute of the International Criminal Court, it is clear that in countries like Colombia accountability extends beyond criminal trials.

07/19/12
In Focus

Criminal Justice and Forced Displacement in Colombia

The crime of forced displacement has been a widespread practice in Colombia’s internal armed conflict for several decades. However, forced displacement cannot be reduced to an inherent or unintended effect of the conflict. The armed actors in the Colombian armed conflict—the army and ...

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Federico Andreu-Guzmán

Report

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...

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Joanna Korner

Report

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

Forced Disappearances Are Crimes Against Humanity That Can’t Be Justified

Forced disappearance is a crime against humanity. The decisions made by politicians and officials authorizing such practices in different countries cannot be justified legally or morally. They must be held to account and be shown for what they are: enemies of a civilized society.

09/04/12
In Focus

ICTJ Program Report: Colombia

The latest ICTJ Program Report explores transitional justice issues in Colombia and charts our work in the country with the longest running armed conflict in the world. In this interview, head of ICTJ's Colombia office Maria Camila Moreno answers questions on the ongoing transitional justice mechanisms in the country, and describes ICTJ's work with the government and civil society groups on issues of criminal justice, reparations and memory. She provides a look ahead to the new peace negotiations between the Colombian government and the FARC, and identifies key transitional justice issues at stake for the talks.

10/02/12
In Focus

Peace and Justice at the Negotiating Table: Colombia Talks Peace with FARC

An end could be in sight for the longest-running armed conflict in the Western Hemisphere. Peace negotiations between the government and the Revolutionary Armed Forces of Colombia (FARC) rebels have begun on 17 October in Oslo, Norway, and will continue in Havana, Cuba.

10/22/12
In Focus

Op-Ed: Peace Talks With FARC a Chance for Reimagining the Colombian State

This Wednesday saw the beginning of formal peace talks between the Colombian Government of Juan Manuel Santos and the leadership of the left-wing FARC guerrillas. This op-ed from ICTJ Vice President Paul Seils argues that a successful outcome will not be measured simply in the effective demobilization of roughly 8,000 militants. Durable peace will require a reimagining of the Colombian state, which has become both victim and perpetrator in a conflict now over half a century old.

10/22/12
In Focus

Courts of First Resort: Prosecuting International Crimes at the National Level

In the quest to bring perpetrators of massive crimes to justice, international courts should be considered only as a last resort. Efforts to establish rule of law require the development of national capacity to prosecute the most serious crimes. On 25 and 26 October 2012, leading international actors from the judicial, rule of law, and development sectors will convene at the Greentree Estate in Manhasset, New York for the third Greentree Conference on Complementarity. The meeting aims to examine the needs of and challenges to national prosecutions for the most serious crimes in four countries: Ivory Coast, the DRC, Colombia, and Guatemala.

10/24/12
In Focus

International Fight Against Impunity Starts with the Responsibility of States

When perpetrators of serious international crimes are brought to justice by the country in which they committed their crimes, it signals a strong commitment to accountability and the rule of law. To ensure that domestic investigations and prosecutions occur for serious crimes such as genocide and crimes against humanity, the need for international assistance goes beyond the walls of the courtroom: development agencies and rule of law actors can provide countries with essential support to fairly and effectively prosecute serious international crimes in their own courts.

11/02/12
In Focus

Exploring the Legacy of the Special Court for Sierra Leone

As the work of the Special Court for Sierra Leone draws to a close, we take stock of the historic milestones it has passed since its creation in advancing transitional justice through a special multimedia project, “ Exploring the Legacy of the Special Court for Sierra Leone.” This website will support two conferences: one in New York on November 7-8, 2012, and one in Freetown on January 9-10, 2013. The website will be regularly updated to provide information on the history of the court and its legacy through interactive multimedia and other features.

11/06/12
In Focus

Synthesis Report on "Supporting Complementarity at the National Level: From Theory to Practice"

The International Center for Transitional Justice (ICTJ), in cooperation with the United Nations Development Programme (UNDP), with support from the Governments of Denmark and South Africa, and in close consultation with the Assembly of States Parties to the Rome Statute (ASP), held a...

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ICTJ

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

Guatemala's Claudia Paz: "For crimes of past and present, justice must be done"

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.

12/11/12
In Focus

ICTJ Joins Partners to Send Message to Guatemala: No Amnesty for Serious Crimes

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.

12/20/12
In Focus

Duty to Answer

As attested by the arrest on January 3, 2013 in the United Kingdom of Kumar Lama, a Nepali Army Colonel suspected of torture, the government of Nepal’s failure to pursue truth and accountability for conflict-era violations can have serious consequences. Rather than resisting UK efforts to implement its obligations under international law, the Nepali government should develop a full transitional justice programme and redouble its efforts to provide truth, justice and reparations inside the country.

01/14/13
In Focus

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

Guatemala ex-dictator to stand trial on genocide

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.

01/29/13
In Focus

Ríos Montt Genocide Trial Marks New Phase in Guatemala’s Struggle for Truth and Justice

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.

02/01/13
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

Genocide Trial of Ríos Montt Opens in Guatemala

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.

03/18/13
In Focus

Genocide Trial Opens in Guatemala: Interview with Claudia Paz y Paz Bailey, Attorney General

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

03/20/13
In Focus

The Rios Montt Trial Looks at the Past, but Shapes the Future of Guatemala

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.

03/26/13
In Focus