159 results

Building a constitutional state and pursuing social change is best approached by looking at prior successes. Here is a comparison between the Kenyan and South African constitutions and an outline of how constitutional litigation unfolded in South Africa.

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...

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.

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.

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.

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.

As Yemen prepares to embark on a national dialogue about its future, addressing the legacy of the past human rights violations remains one of its key challenges. A Law on Transitional Justice and National Reconciliation has been under discussion since February 2012 and may now be adopted in the coming weeks.

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.

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.

In collaboration with the Brookings-LSE Project on Internal Displacement, ICTJ’s Research Unit examined how transitional justice can be used to address the range of injustices associated with displacement and thereby serve as part of a comprehensive approach to the resolution of displ...

As new evidence of past violations comes to light, Afghanistan must prioritize transitional justice measures to break the cycle of abuse. ICTJ's new briefing paper provides analysis of past reports identifying the patterns of abuses and puts forth recommendations to the government of Afghanistan.

In 2006, the Afghanistan Independent Human Rights Commission (AIHRC) launched an unprecedented effort to document the violations of international humanitarian law in Afghanistan between 1978 and 2001. Though it has not yet been made public, the 1000-page AIHRC Conflict Mapping Report ...

The ICTJ Program Report is a new online feature that presents ICTJ’s work and impact around the globe. Through monthly in-depth interviews with our experts, the ICTJ Program Report will offer a view of ICTJ’s work on reparations, criminal justice, truth and memory and other transitional justice developments in countries where we work. To launch the series, we speak with Paul Seils, ICTJ's vice president and the head of our Program Office.

When 26-year old Tunisian street vendor Mohamed Bouazizi incinerated himself on December 17, 2010, his act resonated across an entire region and sparked what is known as the Arab Spring. His cry echoed across the world because it was a universal call for justice, basic fairness, and equal treatment. Indeed, it was a call for the rule of law. In a new op-ed, ICTJ's President David Tolbert calls upon the UN General Assembly to prove its commitment to justice and the rule of law.

On August 9, 2012, UN Special Rapporteur on the promotion of truth, justice, reparation, and nonrecurrence Pablo de Greiff presented the first annual report to the Human Rights Council. The report provides an overview of key activities undertaken by the Special Rapporteur between May 1 and July 25, reviews the foundations of the mandate and outlines the strategy for its implementation.

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.

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.

The latest ICTJ Program Report explores transitional justice issues in the Middle East and North Africa (MENA) and charts our work in this important and dynamic region. Claudio Cordone, ICTJ’s program director covering the MENA region, discusses individual country scenarios, prospects for transitional justice processes and explains ICTJ’s involvement and impact. Cordone speaks about transitional justice principles being at the root of popular uprisings referred to as “Arab Spring” and the challenges facing societies in their efforts to reckon with legacies of dictatorships and recent violence. He describes ICTJ’s efforts to address the impact of violence on women and promote their participation in transitional justice initiatives. The interview provides a thorough overview of ongoing initiatives and future prospects in Tunisia, Libya, Egypt, Syria, Yemen, Lebanon and Israel and Occupied Palestinian Territory.

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

The International Center for Transitional Justice (ICTJ) signed a cooperation agreement with the Tunisian government on January 16 to provide further technical assistance in establishing transitional justice mechanisms in the country. The development comes two years after protests forced President Zine El Abidine Ben Ali to step down and flee the country in January 2011.

Recent proposals on using transitional justice as a means of stabilizing Syria in the aftermath of the eventual fall of the Assad regime— including by providing incentives for loyalists to give up a possible ‘fight to the death’ in Damascus — are a significant development in the debate on Syria. As Syrian groups and international actors gathered as “Friends of Syria” consider these proposals, it is of paramount importance to be clear about what is meant by transitional justice.

Based on significant field research and interviews with the Higher National de-Baathification Commission, this report focuses on Iraq’s purge of members of Saddam Hussein’s Baath Party, which is the most well-known example of large-scale and politically based dismissals in the Middle ...

The International Center for Transitional Justice (ICTJ) released a new report today providing detailed information and analysis on how Iraq dismantled Saddam Hussein’s Baath Party and purged state institutions of party members. The report, titled “A Bitter Legacy: Lessons of De-Baathification in Iraq,” carries valuable lessons for countries in the Middle East and North Africa (MENA) as they consider how to deal with legacies of abuse by the security and political apparatuses of former regimes.

From its inception in 2003, the process of de-Baathification – the purge of Iraq’s state institutions of Saddam Hussein’s Baath Party members in the aftermath of the US-led invasion - polarized Iraqi politics and led to the collapse of many state functions. Today, Iraq continues to be haunted by its legacy. An examination of Iraq’s flawed vetting experience is presented in a major new ICTJ report, titled "A Bitter Legacy: Lessons of De-Baathification in Iraq."

In this edition of the ICTJ Forum, ICTJ's Paul Seils and Mohamed Abdel Dayem join Refik Hodzic for a discussion on the political turmoil in Egypt and the ongoing peace process in Colombia.

This briefing paper focuses on establishing a credible approach to accountability and human rights in a post-conflict Syria. Looking ahead to an eventual resolution to the war, it recognizes that Syrian authorities and civil society, as well as the international community, will have t...

A newly adopted UN Security Council resolution calls on the Syrian government to cooperate in destroying its chemical weapons arsenal, stressing that “those responsible for any use of chemical weapons must be held accountable.” Yet, it does not provide a framework for pursuing accountability, in the short or long term. What role might transitional justice play in a post-conflict Syria? Should Syria rush to prosecute war criminals once the fighting draws to a close? These are some of the pressing questions explored in ICTJ’s newest briefing paper.

Marking three years since Tunisia's revolution, ICTJ President David Tolbert argues that transitional justice developments in the country are not only worthy of attention, but serve as useful markers for transitions in the region and beyond.

This report examines the situation of impunity in Lebanon that has persisted since the 1975-1990 war through the lenses of core elements of transitional justice. It analyzes Lebanon’s past experience of ineffective transitional justice measures -- including limited domestic trials, na...

A culture of impunity for serious violations of human rights continues to thrive in Lebanon, says a report released today by ICTJ.

For decades, Lebanese governments have made only partial and ineffective attempts to hold powerful individuals, groups, and foreign states accountable for violations committed on Lebanese soil, including against civilians. The consequences of their failure to act – for victims and Lebanese society – are grave. ICTJ's new report looks at the culture of impunity for serious violations of human rights continues to thrive in Lebanon.

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.

In the span of only one month, Tunisia has witnessed the historic passing of a transitional justice law and adoption of a new constitution. A key actor in the country's transition is the media.

ICTJ President David Tolbert will be a featured speaker at this year’s Al Jazeera Forum in Doha, Qatar. Al Jazeera Forum is the flagship event of Al Jazeera Media Network, at which Al Jazeera showcases its contribution to the world of media and politics.

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.

This report asserts that dealing with past abuses in Myanmar is essential to achieving genuine progress on peacebuilding and economic development in the country. Conflict and high levels of political repression have racked Myanmar for more than half a century. Both President Thein Sei...

Continuing political repression, cronyism, and ongoing conflicts are disrupting attempts to put Myanmar on a linear path to democracy, peace, and development, says a new report from the ICTJ. According to the report, titled “Navigating Paths to Justice in Myanmar’s Transition,” dealing with current and historical abuses is essential to achieving genuine progress on peacebuilding and economic development in the country.

After toppling Hosni Mubarak’s dictatorship in February 2011, Egyptians were eager for a reckoning with past injustices. But after years of political turmoil, the possibility of a genuine transitional justice process in Egypt is uncertain. We turned to three leading Egyptian activists to examine if there really is a chance for justice and reform in Egypt in the near future.

ICTJ welcomes the award of the 2015 Nobel Peace Prize to Tunisia's National Dialogue Quartet for helping the country transition to democracy. With the award, the Nobel committee acknowledges the "decisive contribution" made by the group of civil society organizations after Tunisia’s 2011 revolution.

In this op-ed, ICTJ's Aileen Thomson and Bo Kyi argue that in the wake of Myanmar's historic elections, the release of all political prisoners held by the government would be an important step towards national reconciliation.

This briefing paper calls on the soon-to-be-established NLD-led Burmese government to seriously consider taking steps to deal with Myanmar’s troubled past as a way to help end the cycle of violence and human rights violations in the conflict-torn country.

With hopes running high after the National League for Democracy’s landslide victory in November, a new ICTJ paper calls on the soon-to-be-established Burmese government to seriously consider taking steps to deal with Myanmar’s troubled past as a way to help end the cycle of violence and human rights violations in the conflict-torn country.

The month of January has a particular significance in the Middle East and North Africa. It was the month when the Arab uprisings were sparked five years ago. It was also the month when the transitional justice process was inaugurated in Morocco, 12 years ago. What can be learned from Morocco’s experience?

The International Center for Transitional Justice (ICTJ) and the Barcelona International Peace Resource Center (BIPRC) are pleased to announce an Intensive Course on Transitional Justice and Peace Processes, taking place in Barcelona, Spain, June 6 - 10, 2016. It will focus on practical examples of recent or paradigmatic peace processes where the question of justice formed a significant part of the negotiating context.

In this op-ed, ICTJ's Aileen Thomson says the concerns of former political prisoners, ethnic minorities and conflict-affected communities must be taken into account if peace and democracy in Myanmar are to endure.

As the refugee crisis deepens, does action on transitional justice issues have to wait for peace? A new paper explores what sort of consultation and documentation work can be done now, while conflict is ongoing, to shape outcomes moving forward.

In a new briefing paper, ICTJ's Paul Seils and Roger Duthie examine what steps the international community can take during a crisis to support democracy and accountability.

ICTJ joins groups calling for an anti-terrorism approach that respects citizens' rights in Tunisia. “Institutional reform can be a strong tool to prevent recurrence of human rights abuses and build a strong and credible democracy in Tunisia," said Salwa El Gantri, ICTJ Head of Office in Tunisia. "The current transitional justice process aims to shed light on similar violations that took place under the dictatorship, and we don’t want them to be committed again under the ‘fight against terrorism’ slogan.”

Myanmar may have a new government under Aung San Suu Kyi, but former political prisoners continue to face challenges throughout the country. A new report sheds light on prisoners' challenges and recommends steps the government can take to offer redress.

The first piece in of our "Transitional Justice and Education" series examines the role of school systems in Bosnia and Northern Ireland.