135 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

Indigenous Peoples and Claims for Reparation: Tentative Steps in Peru and Guatemala

In situations of large scale violence and repression, reparations are best conceptualized as rights-based political projects aimed at giving victims due recognition and at enhancing civic trust both among citizens and between citizens and state institutions. This paper explores, in th...

by

Ruth Rubio-Marín, Claudia Paz y Paz Bailey and Julie Guillerot

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.

by

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

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–...

by

ICTJ; Bogdan Ivanisevic

Alberto Fujimori on Trial

A three-judge panel of Peru’s Supreme Court will announce a verdict before the end of this year in the trial of Alberto Fujimori, Peru’s president from 1990-2000, on charges of murder and kidnapping. Prosecutors hold him responsible for the deaths of 25 people at the hands of a death ...

by

ICTJ

Fact Sheet

Research Brief: Pardons in International Jurisprudence

States have the obligation to prevent human rights violations, investigate them, identify and punish their intellectual authors and accessories after the fact, and may not invoke existing provisions of domestic law to avoid complying with their obligations under international law. ...

by

ICTJ

Briefing Paper

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

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

The Contemporary Right to Property Restitution in the Context of Transitional Justice

This study examines the development of restitution and reparations in international law and practice over the last century. It aims to provide recommendations on how restitution can best contribute to transitional justice by reviewing four case-studies: the Czech Republic, South Afric...

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ICTJ; Rhodri C. Williams

Briefing Paper

The Legacy of Truth: Criminal Justice in the Peruvian Transition

This book presents a series of essays on truth and criminal justice in Peru. It aims to contribute to analysis on how to strengthen and consolidate democracy there. The essays pay particular attention to the interests of individual victims' of human rights abuses, analyzing individual...

by

ICTJ; Lisa Magarrell, Leonardo Filippini (editors)

Book

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

A Casualty of Politics: Overview of Acts and Projects of Reparation On the Territory of the Former Yugoslavia

This study examines various aspects of existing reparations following the 1991-1999 conflicts in the former Yugoslavia. It clarifies the different categories of reparation; identifies groups potentially entitled to compensation; assesses the extent and fairness of existing policies; a...

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ICTJ; Djordje Djordjević

Report

Design Parameters for a Reparations Program in Peru

This report provides parameters for the creation of a reparations program in Peru. The program must be included in the process of raising a new national awareness in Peru regarding past abuses and building a legal-political framework more responsive to human rights. To ensure sustaina...

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ICTJ, Human Rights Association (Asociación pro Derechos Humanos–APRODEH)

Report

Speaking Clearly: The ICC's Challenge in the Middle East and North Africa

The International Criminal Court (ICC) must better communicate what is driving its actions to the public of the Middle East and North Africa (MENA) and elsewhere around the world if it is to develop confidence in its capacity to act as a guardian of international criminal law.

06/09/11
In Focus

Save the Judiciary, Save the Revolution

The appearance of Hosni Mubarak in the opening of his trial this week reassured millions of Egyptians that their revolutionary struggle was not in vain. But the truth about Mubarak’s ability to participate in his trial is still unclear. With the public doubting the court’s seriousness, Mubarak’s appearance could have been a political decision aimed at boosting confidence. If this is the case, the judiciary risks appearing politicized in the eyes of Egyptians.

08/08/11
In Focus

Ten Years On, ICTJ Continues to Develop the Field of Transitional Justice

As ICTJ celebrates ten years of existence and contribution to the development of the field of transitional justice, we are poised for a future of continued engagement with partners and communities seeking to overcome legacies of mass violence and repression. Ten years on, we now work in a world increasingly aware of the of the costs of failing to systematically transition from conflict and human rights abuse to the rule of law and equal rights for all citizens, and on the other hand, of the increasing complexity of doing so.

09/27/11
In Focus

Justice and Development: Nexus at the Heart of Arab Spring

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.

11/17/11
In Focus

Perú: ¿Cuánto se ha reparado en nuestras comunidades?

This report is the fourth in a series monitoring the implementation of a collective reparations program in Peru since 2007, by ICTJ and the Association for Human Rights in Peru (APRODEH). The publication examines the effects of this reparations program through interviews with the bene...

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ICTJ y APRODEH

Report

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

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
Press Release

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
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

Spain Declares Itself Powerless

The Spanish Supreme Court has ruled the judiciary has no place investigating the deaths and disappearances of the Franco era. The verdict is a disappointment for the victims of Francoism and confirms Spain remains unwilling to deliver justice for the crimes of the past, writes Eduardo González, director of ICTJ's Truth and Memory program

03/09/12
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

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

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
In Focus

Transitional Justice and Displacement

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...

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ICTJ and Brookings-LSE Project on Internal Displacement

Report

ICTJ Program Report: Interview with Paul Seils

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.

08/01/12
In Focus

Reparations and Displacement in Peru

The reparations policy for victims of Peru’s internal armed conflict, which lasted from 1980 to 2000, includes the internally displaced population among its beneficiaries under the Official Register of Victims. However, displaced persons are given lower priority than the other categor...

by

Rafael Barrantes Segura

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...

by

Joanna Korner

Report

Reparations and Displacement in Turkey: Lessons Learned from the Compensation Law

Although the conflict in Turkey remains ongoing and a political solution to the “Kurdish question” has not been reached, in recent years, the Turkish government has developed a series of laws and policies regarding the situation of displaced Kurds. The most significant of these polici...

by

Dilek Kurban

Report

UN Must Act Decisively to Uphold the Rule of Law

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.

08/15/12
In Focus

UN Special Rapporteur Delivers First Annual Report

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.

08/27/12
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

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

Transitional Justice Responses to Palestinian Dispossession: Focus on Restitution

The protracted displacement of Palestinian refugees presents a complex set of challenges for the international refugee, humanitarian, and transitional justice fields. For the most part, these global movements have treated the Palestinian situation as a case apart: Palestinian refugees...

by

Leila Hilal

Report

ICTJ Program Report: Middle East and North Africa

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.

09/05/12
In Focus

Decision in Mau Mau Case Strengthens the Right to Reparations of All Victims of Torture

The International Center for Transitional Justice strongly welcomes the decision of the UK High Court ordering the British government to pay damages to a group of Kenyans who were imprisoned and tortured by colonial authorities following the Mau Mau Rebellion of the 1950s.

10/05/12
Press Release

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

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

ICTJ Program Report: Reparative Justice

Reparations seek to recognize and address the harms suffered by victims of systematic human rights violations. ICTJ’s Reparative Justice program provides knowledge and comparative experience on reparations to victims' groups, civil society and policymakers worldwide. In this edition of the ICTJ Program Report, we look at ICTJ's work on reparations in dynamic transitional contexts such as Nepal, Colombia, Peru, DRC, and Uganda.

05/13/13
In Focus

A Conversation with Thomas Buergenthal

Thomas Buergenthal, Holocaust survivor and former judge of the International Court of Justice, is one of the world's most distinguished jurists. In conversation with ICTJ President David Tolbert, Judge Buergenthal shares his own personal story of surviving the Holocaust as a young boy, and reflects on the changing landscape of transitional justice around the world

06/26/13
In Focus

Reparations in Peru: From Recommendations to Implementation

This report evaluates the government of Peru’s partial results in providing compensation to victims of the internal armed conflict that devastated the country from 1980 to 2000. It provides a detailed analysis of the process of implementing the Comprehensive Reparations Plan, establis...

by

Cristián Correa

Report

5 Reasons We Use Multimedia

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.

08/06/13
In Focus

Thomas Buergenthal to Speak at This Year’s Emilio Mignone Lecture on Transitional Justice

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.

11/01/13
In Focus

ICTJ Expresses Deep Concern Over Egypt Death Sentences

ICTJ has expressed deep concern over the criminal proceedings that resulted in the imposition of death sentences on 529 supporters of former President Mohamed Morsi in Egypt on Monday. The verdict, announced by a criminal court in Minya, came after a trial that lasted less than an hour, according to news reports.

03/27/14
Press Release