82 results

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. ...

by

ICTJ; Amanda Lyons, Michael Reed-Hurtado

Briefing Paper

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 ...

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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. ...

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ICTJ

Briefing Paper

Impunity in East Timor: Will the Team to Investigate Serious Crimes make a difference? (Tetum)

In August 2006 the Security Council created the UN Serious Crimes Investigation Team, as an extension of the previous investigation under the UN Integrated Mission Timor-Leste.

by

ICTJ

Report

The Criminal Procedure for Justice and Peace (Spanish)

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

by

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

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...

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ICTJ; Lisa Magarrell, Leonardo Filippini (editors)

Book

Justice Abandoned? An Assessment of the Serious Crimes Process in East Timor

This paper considers the UN-sponsored regime established to respond to the crimes committed in East Timor during the Indonesian occupation between 1975 and 1999. The story of the quest for justice in East Timor perhaps can be summed up as one involving good intentions that were not ba...

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ICTJ; Megan Hirst, Howard Varney

Briefing Paper

The Serious Crimes Process in Timor-Leste: In Retrospect

This paper analyzes the serious crimes process the UN established in Timor-Leste to try serious violations of human rights perpetrated in 1999. The main difficulty facing this process is that the vast majority of suspects are in Indonesia, and the Timorese government has not been able...

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ICTJ; Caitlin Reiger, Marieke Wierda

Report

Prosecutions of Crimes Against Humanity in Timor-Leste: A Case Analysis

This paper analyzes the Maubuti case in Timor-Leste, the third serious crimes case to be brought to trial after the closure of the UN-supported Serious Crimes Unit in 2005. Maubuti was indicted for crimes against humanity including murder, attempted murder, and rape. The decision and ...

by

ICTJ

Briefing Paper

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

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

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 ...

by

Federico Andreu-Guzmán

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

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

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

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...

by

ICTJ

Report

Transitional Justice Mechanisms in Colombia since 2005

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.

10/24/13
In Focus

Verdict of Paramilitary Leader To Be Milestone for Colombia’s ‘Justice and Peace’ Process

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.

10/28/13
In Focus

Context of the Case of Hebert Veloza Garcia

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.”

10/29/13
In Focus

Who is Hebert Veloza García, aka 'H.H.'?

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

10/29/13
In Focus

Hebert Veloza Conviction Offers New Insight into Colombia’s Paramilitary Phenomenon

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.

11/06/13
In Focus

Transitional Justice and Women’s Rights: Four Countries to Watch This Year

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.

03/05/14
In Focus

ICTJ to Take Part in Eighth Al Jazeera Forum: “Change in the Arab World: Where To?”

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.

05/21/14
In Focus

On the Front Lines of Justice: The Struggle for Accountability in National Contexts

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.

07/15/14
In Focus

Making Justice a Reality Where It Counts

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.
07/18/14
In Focus

Uncovering Colombia's Systems of Macro-Criminality

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.

08/12/14
In Focus

ICC’s Intolerance of Impunity Does Not Make It an Enemy of Peace

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.

11/17/14
In Focus

Criminal Justice in Transitional Contexts: What Lessons can Colombia Learn from International Experiences?

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.

11/19/14
In Focus

Inter-American Court of Human Rights to Colombia: Investigate Truth about 1985 Disappearances

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.

01/21/15
In Focus

Squaring Colombia’s Circle: The Objectives of Punishment and the Pursuit of Peace

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...

by

Paul Seils

Briefing Paper

Colombia Needs to Reframe the Discussion on Punishment for International Crimes

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.

06/03/15
Press Releases

Reframing the justice debate in Colombia

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.

06/04/15
In Focus

Following Colombia’s Agreement on Criminal Accountability, ICTJ Pledges Continued Support for the Hard Work Ahead

The International Center for Transitional Justice welcomes the recent agreement between the Government of Colombia and the Revolutionary Armed Forces of Colombia to create a special criminal jurisdiction as part of an integrated system of truth, justice, reparations and guarantees of non-recurrence.

09/25/15
Press Releases

Devil Is in the Detail of Colombian Justice Deal

In this op-ed, ICTJ Vice President Paul Seils analyzes the criminal justice agreement announced by the Government of Colombia and the FARC and discusses what aspects of the deal need clarification to ensure that it is capable of delivering the kind of truth and justice that victims of Colombia's armed conflict deserve.

10/15/15
In Focus

ICTJ Welcomes Agreement on Victims of the Armed Conflict in Colombia

ICTJ welcomes the recent agreement announced by the Colombian Government and the Revolutionary Armed Forces of Colombia (FARC) to address issues of truth, justice, reparations and non-recurrence and hopes that it will pave the way for the successful completion of the negotiations to end the decades-long armed conflict in Colombia.

12/18/15
Press Releases

Colombia Manual: Contextual Analysis of Criminal Investigations of the National Analysis and Context Division of the Attorney General's Office

This manual was created as part of the Framework Cooperation Agreement between the International Center for Transitional Justice and the Attorney General’s Office, with the aim of providing technical assistance to the National Unit for Analysis and Context (UNAC) and supporting the de...

by

David Martínez Osorio

Report

Amnesty for Rebellion Key to Ending Colombian conflict

In a new analysis, the ICTJ addresses one of the crucial points of the peace negotiations between the Government of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP): the possibility of providing recourse to the broadest amnesty possible and pardons as part of the treatment of the different crimes committed in the framework of more than fifty years of armed conflict.

06/02/16
Press Releases

Political Crime, Amnesties, and Pardons: Scope and Challenges

In this briefing paper ICTJ addresses one of the crucial points of the peace negotiations between the Government of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP): the possibility of providing recourse to the broadest amnesty possible and pardons as pa...

by

Fernando Travesí and Henry Rivera

Briefing Paper

Unpacking the Nuances of Complementarity

The struggle against impunity remains as important –and precarious –as ever as we celebrate International Justice Day on July 17. ICTJ marks the occasion with a look at complementarity, a concept critical to understanding the role that the ICC and national courts play in this struggle.

07/12/16
In Focus