67 results

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

Criminal Prosecutions for Human Rights Violations in Argentina

During the 1970s, political violence in Argentina resulted in massive violations of human rights including thousands of deaths, prolonged and arbitrary arrests, disappearances, unfair trials, pervasive torture, in addition to cruel, inhuman, and degrading treatment. Since the restorat...

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ICTJ; Leonardo Filippini

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

Research Brief: Selected examples of Defence, Intelligence and Justice Investigative Reports into detention and interrogation practices

ICTJ provides an overview of investigative reports into detention and interrogation practices by the U.S. government. The purpose of this brief is to provide a sampling of reports to survey the ways in which these have been commissioned, what they have covered, and how they relate to ...

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ICTJ

Research Brief

Prosecuting Heads of State: Introduction

In September 1985, ninemembers of Argentina’smilitary junta, whose successive regimes covered the period in Argentine history known as the “dirty war,” walked into a courtroom in downtown Buenos Aires.

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Lutz, Ellen L; Caitlin Reiger

Book

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

ICTJ Presents "Taking a Stand: The Evolution of Human Rights"

Taking a Stand: the Evolution of Human Rights, a book by former ICTJ president Juan E. Méndez, provides an eye-opening firsthand account of the fight against violations of human rights and impunity. Taking a Stand offers tangible policy recommendations to be undertaken by the international community to uncover the atrocities of the past and prevent further abuse.

09/19/11
In Focus

Interview with Pablo Parenti on the ESMA trials in Argentina

ICTJ interview with Pablo Parenti, of the Attorney General’s Unit for coordination and monitoring cases involving violations of human rights during the Argentine dictatorship.

12/01/11
In Focus

Argentine ESMA Trials a New Phase for Democracy: Interview with Pablo Parenti

ICTJ spoke with Pablo Parenti about the trial that just concluded which investigated human rights violations and crimes against humanity that occurred at the Naval Mechanics School (ESMA), used as a detention and torture center during the Argentine dictatorship.

12/01/11
In Focus

Impunity Must be Fought at the National Level: Podcast with David Tolbert

If the international community is seriously committed to fighting impunity for mass atrocity, national courts in the countries where such crimes have been committed must be at the frontline. International development actors are crucial to making this possible. [Download](/sites/default/files/Tolbert_ICTJ_Podcast_11302011_2.mp3) | Duration: 12:33mins | File size: 7KB

12/05/11
Podcasts

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

Building the First Line of Defense against Impunity: Podcast with Phakiso Mochochoko

The global struggle against impunity relies on a frontline of national judicial systems willing and able to prosecute war crimes, crimes against humanity, and genocide. In this final podcast on complementarity, Phakiso Mochochoko, head of the Jurisdiction, Complementarity, and Cooperation Division of the International Criminal Court, discusses the role the court must play in supporting complementarity in practice. [Download](/sites/default/files/Mochochoko_ICTJ_Podcast_03202012.mp3) | Duration: 10:17mins | File size: 5.88MB

03/26/12
Podcasts

Lubanga Sentence: Historic Test of ICC’s Mandate to Award Reparations to Victims

The trial of Thomas Lubanga before the ICC has the potential to set a critical precedent regarding the right to reparations. In our latest podcast ICTJ's Director of Reparations Ruben Carranza discusses recommendations ICTJ submitted to the ICC concerning the implementation of reparations. [Download](/sites/default/files/Carranza_ICTJ_Podcast_06132012.mp3) | Duration: 16:56mins | File size: 9.69MB

06/18/12
Podcasts

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

Decades After Dictatorship, Argentina's Courts Still Lead the Fight for Accountability

Argentina’s trials for crimes committed during the dictatorship of military juntas are widely seen as a successful national effort to seek accountability for past abuses. And while victims’ demands for justice continue to remain high, the judiciary is facing challenges to ensure the cases are dealt with expeditiously and fairly. In a interview for ICTJ's Spanish podcast series "Lessons from Latin America," Mirna Goransky, Assistant General Prosecutor for the Attorney General’s Office shares her perspectives on human rights trials in Argentina.

07/26/12
In Focus

DRC: Lubanga Reparations Decision Should be Celebrated, but Only When Victims Receive Compensation

The decision on reparations by the International Criminal Court (ICC) in the case of Congolese warlord Thomas Lubanga sets a historic precedent, but it should not be celebrated until victims in the Democratic Republic of the Congo (DRC) are fully compensated through an inclusive and participatory process. The Lubanga decision stated that reparations “go beyond the notion of punitive justice, towards a solution which is more inclusive, encourages participation and recognizes the need to provide effective remedies for victims.” Yet Ruben Carranza, director of ICTJ’s Reparative Justice program, is cautious about celebrating before the process is complete.

08/13/12
Podcasts

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

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

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

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
In Focus

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
In Focus

Pressure on Congolese Authorities Key to Ending Impunity for Sexual Violence in the DR Congo

In this opinion piece, ICTJ's Sharanjeet Parmar asks: why do international efforts to tackle impunity for sexual violence in the DRC continue to miss the mark? High-level diplomatic visits are important in underscoring the responses needed for sexual violence survivors. However, without a strong political commitment from top Congolese authorities to address rampant impunity for sexual violence, no amount of attention or media coverage will reduce the violence or put an end to the cycles of suffering.

03/27/13
In Focus

ICTJ and Center for Global Affairs to Host Conversation on Africa and the International Criminal Court

Join ICTJ and the Center for Global Affairs for a conversation on how the ICC and the African Union can move forward, and what the AU position means for effective prosecutions within Africa and elsewhere.

02/24/14
In Focus

DRC: Refusal to Pardon Serious Crimes Signals Justice Could be On the Way

A new amnesty law passed by the government in the Democratic Republic of the Congo (DRC) will grant amnesty to hundreds of members of armed groups engaged in hostilities, including members of the infamous M23 rebels, but stops short of pardoning serious crimes.

05/15/14
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

Experts Gather in Kinshasa to Discuss the National Judicial Response to Serious Crimes in the DRC

ICTJ, in cooperation with the United Nations Joint Human Rights Office (UNJHRO) and the United Nations Development Programme (UNDP), organized a high-level conference in Kinshasa today to discuss ways to strengthen the Congolese judicial system and its ability to investigate and prosecute serious crimes, such as genocide, war crimes, and crimes against humanity.

11/12/14
Press Releases

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

Case Against Germain Katanga and Mathieu Ngudjolo

This briefing paper provides an overview of the proceedings against Germain Katanga and Mathieu Ngudjolo before the International Criminal Court. The conviction and sentence against Katanga signifies the first final judgment of the ICC.

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Michèle Laborde-Barbanègre, Guy Mushiata, and Meritxell Regue

Briefing Paper

Case Against Callixte Mbarushimana and Sylvestre Mudacumura

This paper provides a description of the brief proceedings against Callixte Mbarushimana and Sylvestre Mudacumura before the International Criminal Court.

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Michèle Laborde-Barbanègre, Guy Mushiata, and Meritxell Regue

Briefing Paper

Case Against Thomas Lubanga

This briefing paper provides an overview of the proceedings against Thomas Lubanga before the International Criminal Court since the start of the prosecutor’s investigation in 2004 until the 2012 decisions of Trial Chamber I concerning the verdict, the sentence, and reparations. It id...

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Michèle Laborde-Barbanègre, Guy Mushiata, and Meritxell Regue

Briefing Paper

Reflections on ICC Jurisprudence Regarding the Democratic Republic of the Congo

This briefing paper analyzes and reflects on the development of the ICC prosecutor’s strategy and application of procedural rules, since operations began at the International Criminal Court more than a decade ago. The mixed results of the court’s first cases, which arise from the situ...

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Michèle Laborde-Barbanègre and Roxane Cassehgari

Briefing Paper

At ICTJ Conference, Congolese Magistrates Discuss Strategy for Prosecuting International Crimes

The International Center for Transitional Justice (ICTJ) held a seminar for Congolese military and civilian magistrates on June 24 and 25, 2015, to discuss a national strategy for prosecuting international crimes and prioritizing cases to clear the backlog in national courts. The seminar aimed to examine and propose solutions for why so many well-documented crimes committed by armed groups in the Democratic Republic of the Congo remain unaddressed.

06/26/15
Press Releases

ICTJ Report Finds Slow Progress in Prosecuting International Crimes in Eastern DRC; Prosecution Strategy Is Needed to Address Large Scale of Violations

A new report by the International Center for Transitional Justice analyzes the Congolese judicial authorities’ response to international crimes committed in the territory of the Democratic Republic of the Congo from 2009 to 2014, with a particular focus on the war-torn east (North Kivu, South Kivu, and Ituri). It finds that the number of open investigations into international crimes is very low compared to the large number of atrocities being committed.

07/17/15
Press Releases

The Accountability Landscape in Eastern DRC

This report analyzes the response of Congolese judicial authorities to international crimes committed in the territory of the Democratic Republic of the Congo from 2009 to 2014, with a particular focus on the war-torn East (North Kivu, South Kivu, and Ituri). It finds that the number ...

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Sofia Candeias, Luc Côté, Elsa Papageorgiou, and Myriam Raymond-Jetté

Report

The Accountability Landscape in Eastern DRC Analysis of the National Legislative and Judicial Response to International Crimes (2009–2014) - Briefing

This briefing paper summarizes the findings of an ICTJ report (by the same name) on the judicial response to international crimes in the Democratic Republic of the Congo. It makes substantive recommendations to justice stakeholders in the DRC on how to advance prosecutions of internat...

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Sofia Candeias, Luc Côté, Elsa Papageorgiou, and Myriam Raymond-Jetté

Briefing Paper

A Reflection on How to Capitalize on Small Gains in Prosecuting International Crimes in DRC

On International Justice Day, the head of ICTJ's Criminal Justice program in the Democratic Republic of the Congo (DRC), Myriam Raymond-Jetté, reflects on how to build on small successes in prosecuting international crimes in the national courts.

07/17/15
In Focus

Magistrates Discuss Dual Jurisdiction of Military and Civilian Courts over International Crimes in DRC

In cooperation with the High Judicial Council, ICTJ held a seminar today with senior representatives of the Congolese military and civilian judiciary and prosecutor’s office to discuss the dual jurisdiction of military and civilian courts over international crimes in the DRC.

10/09/15
Press Releases

Civil Society Groups and Members of the Judiciary Discuss Greater Collaboration on Prosecution of International Crimes in the DRC

ICTJ held a series of workshops in Goma, Bukavu, and Bunia, Eastern DRC, from November 13 until November 20 to discuss opportunities for greater interaction and collaboration between civil society and criminal justice officials to advance the prosecution of international crimes in the Congo, in order to better address the concerns of affected communities.

11/30/15
Press Releases

Activists and Magistrates Join Forces to Tackle International Crimes in DRC

In meeting spaces in Goma, Bukavu, and Bunia, activists and magistrates are discussing ways that they can work together to improve the prosecution of international crimes in the region and address the concerns of local communities.

12/10/15
In Focus

ICTJ Brings Together the DRC, Rwanda, Uganda and Tanzania to Discuss Response to International Crimes

Eastern DRC continues to be affected by conflict and serious crimes continue to be committed against civilians living in the area by the national army (FARDC), national armed groups, and foreign armed forces. Holding perpetrators accountable is essential to dismantling the structures that allow the ongoing cycle of abuses to continue in the DRC.

03/14/16
In Focus

Great Lakes Conference Marks Significant Step in Regional Cooperation in Fight Against Impunity

The International Center for Transitional Justice (ICTJ) and the UN Joint Office for Human Rights (UNJHRO), in collaboration with the Office of the UN Special Envoy on the Great Lakes Region and with the financial support of the European Commission, held a conference on March 15-16 to strengthen judicial cooperation in the fight against impunity for international crimes in the Great Lakes Region.

03/17/16
In Focus