178 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

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
Press Release

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
Press Release

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
Press Release

Outreach Strategies in International and Hybrid Courts: Report of the ICTJ-ECCC Workshop

This document presents a non‐exhaustive summary of some of the topics discussed at a workshop on outreach organized by the ICTJ in collaboration with the ECCC from March 3-5, 2010. It first provides a general overview of the ECCC functions and outreach activities. Thereafter, it highl...

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Clara Ramirez-Barat and Maya Karwande

Report

Democratic Republic of Congo: Impact of the Rome Statute and the International Criminal Court

The Democratic Republic of Congo (DRC or Congo) presents a critical test for the International Criminal Court (ICC). All of the accused in current ICC trials are from DRC. The Court plays a vital role in DRC regarding complementarity, peace, justice, victims, and affected communities....

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ICTJ; Mima Adjami and Guy Mushiata

Briefing Paper

Germain Katanga and Mathieu Ngudjolo Chui Face Justice at the ICC

The International Criminal Court (ICC) opened its second trial against Germain Katanga and Mathieu Ngudjolo Chui on November 24, 2009. The men are former leaders of armed rebel movements from the Ituri district in the Democratic Republic of Congo (DRC).

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ICTJ

Fact Sheet

The Democratic Republic of Congo Must Adopt the Rome Statute Implementation Law

Years have lapsed since the Democratic Republic of Congo (DRC) ratified the Rome Statute of the International Criminal Court (ICC) in March 2002, but the DRC government has yet to meet its legal obligation to incorporate the statute into national law. Adopting such legislation is esse...

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ICTJ

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

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. ...

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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
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

Progress of the Extraordinary Chambers in the Courts of Cambodia

Overview of the proceedings of the ECCC, the hybrid tribunal created in 2006 to try senior leaders of the Khmer Rouge and those "most responsible" for the crimes that took place. The court has five suspects in custody and has almost completed its first trial which began in March of 20...

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ICTJ

Fact Sheet

Practical, Feasible and Meaningful: How the Khmer Rouge Tribunal Can Fulfill its Reparations Mandate

This paper is meant to help the Extraordinary Chambers in the Courts of Cambodia (ECCC), the civil parties before the court and other Khmer Rouge period survivors and their families deal with practical and legal issues in the course of fulfilling the reparations mandate of the ECCC. ...

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ICTJ; Ruben Carranza

Briefing Paper

Jean-Pierre Bemba at the International Criminal Court

Situation brief on the International Criminal Court's upcoming pretrial hearings on whether to pursue charges against Jean-Pierre Bemba for crimes his troops allegedly committed in the Central African Republic (CAR) in 2002-03. The ICC prosecutor opened an investigation in May 2007 in...

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ICTJ

Fact Sheet

Confronting Past Crimes at the National Level

Background on conflict in the Democratic Republic of Congo (DRC) and the Central African Republic (CAR) in the context of Jean-Pierre Bemba’s trial at the International Criminal Court (ICC). The ICC is preparing to prosecute Bemba of the DRC for alleged rapes, torture and murders that...

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ICTJ

Fact Sheet

Amnesty Must Not Equal Impunity

Background on the role of amnesty in processes of transitional justice and the 2009 DRC Amnesty Law. Given a fragile justice system and culture of impunity, this law risks rewarding blanket amnesty for all crimes committed in the DRC. ICTJ gives suggestions to break the culture of imp...

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ICTJ

Fact Sheet

Thomas Lubanga and the ICC

Situation brief on the International Criminal Court's prosecution against Thomas Lubanga, the former leader of the Union des Patriotes Congolais (UPC) who has been charged with genocide and crimes against humanity. Due to problems with the prosecutor's proposed use of evidence, the tr...

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ICTJ

Fact Sheet

Who is Bosco Ntaganda?

Background on the 2004 ICC arrest warrant for Bosco Ntaganda, wanted for war crimes allegedly committed in the DRC including civilian massacres and the recruitment of child soldiers. In 2009, the Congolese government decided not to arrest Bosco, and instead appointed him a deputy comm...

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ICTJ

Fact Sheet

Leaving a Lasting Legacy for Victims: Practical Workshop for ECCC Victims' Representatives

The three conference organizers stressed the importance of bringing the stakeholders of victim participation in the ECCC together to encourage a dialogue to identify and address the various opportunities and challenges presented by victim participation, particularly as Civil Parties, ...

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ICTJ; Cambodian Human Rights Committee (CHRAC)

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

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

Comments on Draft Internal Rules for the Extraordinary Chambers in the Courts of Cambodia

ICTJ provides constructive comments on the draft Internal Rules for the Extraordinary Chambers in the Courts of Cambodia (ECCC). While the draft Internal Rules provide greater procedural clarity for the ECCC proceedings, ICTJ lists several concerns in five areas that must be focused o...

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ICTJ

Briefing Paper

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 Release

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

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
Press Release

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
Press Release

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
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

U.S. Pressure Needed to End Impunity in the Congo

For the millions of victims of the country’s successive wars, Lubanga is just one of many who are responsible for crimes on an astonishing scale. Congolese authorities must end the widespread impunity enjoyed by those who remain in positions of power in the government and military or violence and instability are likely to continue for years to come.

03/13/12
In Focus

ICC Asked Tough Questions by Historic First Judgment

After three years on trial and a total of seven in detention, Thomas Lubanga gained the dubious notoriety of becoming the first person to be convicted by the International Criminal Court (ICC) in The Hague. It would be encouraging if the court, including the prosecution, indicated it saw Lubanga’s judgment as an opportunity to learn critical lessons as well as celebrate a historic day in international justice.

03/19/12
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

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
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

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

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

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...

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ICTJ

Report