Resource Library

Kenya/African Union: Reaffirm Support for ICC

Civil Society Groups Protest Attempts to Derail Justice for Victims of Post-Election Violence (Johannesburg, January 25, 2011)—The Kenyan government should reaffirm its commitment to the International Criminal Court (ICC), African civil society organizations and international organizations with a...

01/25/11

Kenya/Union africaine : Il faut réaffirmer le soutien à la CPI

Des associations de la société civile africaine protestent contre les tentatives visant à empêcher que justice soit rendue aux victimes des violences postélectorales (Johannesburg, le 25 janvier 2011)—Le gouvernement kényan devrait réaffirmer son engagement en faveur de la Cour pénale internationale...

01/26/11

Kenya: Uphold Commitment to International Court

NAIROBI/NEW YORK, March 10, 2011—As a signatory to the Rome Statute, Kenya should continue to meet all of its obligations to cooperate with the International Criminal Court (ICC), the International Center for Transitional Justice (ICTJ) said after the ICC issued summonses for the appearance of six...

03/10/11

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...

06/01/09

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.

01/01/10

ICTJ, Open Society, Diane F. Orentlicher

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

Briefing Paper

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

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

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–...

01/01/08

ICTJ; Bogdan Ivanisevic

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...

01/01/07

ICTJ; Bogdan Ivanišević

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...

03/05/06

ICTJ; Tom Perriello, Marieke Wierda

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...

05/01/07

ICTJ; Rhodri C. Williams

Briefing Paper

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

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...

07/01/02

ICTJ; Djordje Djordjević

“To Live as Other Kenyans Do”: A Study of the Reparative Demands of Kenyan Victims of Human Rights Violations

This paper documents the opinions of victims of human rights violations in Kenya about the country’s unfolding transitional justice process. The first section gives background into the human rights violations; the second section presents victims ideas about reparative justice. The rep...

07/01/11

ICTJ; Simon Robins

To Live as Other Kenyans Do

As Kenya continues to address its 2007-08 postelection violence, greater emphasis should be placed on victims’ reparative justice demands, according to a new ICTJ report. The report, “To Live as Other Kenyans Do”: A Study of the Reparative Demands of Kenyan Victims of Human Rights Violations, is a...

07/25/11

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

"Why Should We Suffer?" Children Testify before Kenya’s TJRC

During a thematic hearing December 13–14, Kenya's Truth, Justice and Reconciliation Commission (TJRC) heard testimonies from children on their own experiences as part of the commission's investigation into gross human rights violations and historical injustices in the country between 1963 and 2008.

12/23/11

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

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

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

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

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

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

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

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

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

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

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...

08/07/12

Joanna Korner

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

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

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

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

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

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...

11/30/12

ICTJ

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

ICTJ Program Report: Africa

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.

12/04/12

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

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

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

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

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

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

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

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

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

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

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

Rights Groups Urge Completion of Guatemala Genocide Trial

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).

04/19/13