Resource Library

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

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

Kenya's truth commission must act now to salvage credibility

The findings of Kenya's Truth, Justice and Reconciliation Commission (TJRC) were due to be released in August of this year, providing citizens with a comprehensive report that establishes the facts, causes and alleged perpetrators of serious crimes in Kenya since its independence, almost 50 years ago. To date, Kenyans are still waiting to learn the truth.

12/19/12

ICTJ Welcomes Kenya's TJRC Report

The International Center for Transitional Justice ICTJ welcomes the release of the Truth, Justice and Reconciliation Commission (TJRC) Report, which is the result of an official truth-seeking process undertaken by Kenya following the 2007/2008 post-election violence. The report shares the TJRC’s findings on gross violations of human rights, economic crimes, illegal acquisition of public land, marginalization of communities, and ethnic violence between 1963 and 2008.

05/24/13

ICTJ to Kenya’s High Court: Uphold Victims’ Rights to Truth, Justice

In a legal brief submitted yesterday to Kenya’s High Court, the International Center for Transitional Justice (ICTJ) warns that striking down parts of the final report of the Truth, Justice and Reconciliation Commission of Kenya (TJRC) would amount to censorship and obstruct the right of victims to an effective remedy for past violations.

10/03/13

To Build Peace, Seek Truth About the Past

Dating back to the 1980s, when peace settlements were made across Latin America, truth commissions have become an important component of peace negotiations. In this opinion piece, ICTJ President David Tolbert calls for societies to give truth commissions a chance of fulfilling their potential by learning from their failures and success.

11/20/13

ICTJ Forum Series: Truth Commissions and Peace Mediation

Can truth commissions help secure a just peace following a violent conflict in which massive human rights abuses are committed? In this special series of the ICTJ Forum, we present a series of conversations with some of the world’s top peace mediators and truth commission experts, whose collective experience include years on the front lines of critical peace agreements in Latin America, Africa, the Middle East, and Asia.

11/22/13

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

Lessons to Be Learned: An Analysis of the Final Report of Kenya’s Truth, Justice and Reconciliation Commission

This paper analyzes the contents of the Final Report that the Kenyan Truth, Justice and Reconciliation Commission (TJRC) presented to President Uhuru Kenyatta on May 21, 2013, after four years of investigations. In particular, it evaluates the report’s information and findings, the lo...

05/19/14

Christopher Gitari Ndungú

Kenya TJRC Final Report Deserves Serious Analysis and Action

One year after its release, ICTJ presents a critical overview of the Final Report of Kenya’s Truth, Justice and Reconciliation Commission in a new study released today. The ICTJ study argues that, despite the controversies that surrounded the commission during its tenure, the Final Report should be read and treated with seriousness by those who support human rights and the rule of law in Kenya.

05/19/14

Challenging the Conventional: Can Truth Commissions Strengthen Peace Processes?

This joint report by ICTJ and the Kofi Annan Foundation explores common assumptions about why truth commissions are created in the wake of armed conflict and what factors make them more likely to succeed – or fail. It arises from a high-level symposium hosted by the two organizations ...

06/16/14

ICTJ Program Report: Kenya

Kenya continues to deal with the repercussions of violence stemming from its disputed 2007 presidential elections, when political protests and targeted ethnic violence rocked the country, leaving thousands dead and hundreds of thousands displaced. Head of our Kenya office Chris Gitari gives an update on how Kenya is moving forward, and explains ICTJ's work in the country.

11/03/14

Overlooked and Invisible: The Women of Enforced Disappearances

70-94% of the victims of enforced disappearances are men. But what happens to the women left behind? ICTJ's Amrita Kapur explains why women are uniquely impacted by the crime, and how transitional justice can help.

04/14/15

Kenyatta’s Apology Breaks Important Ground, Now Comprehensive Action Is Needed

In this op/ed, the head of ICTJ's Kenya Program, Christopher Gitari, argues that President Kenyatta's recent apology to victims—though commendable—must be supported by solid reforms and initiatives for rebuilding the lives of those who have suffered the most.

05/26/15

For Social Change to Take Root, Children Must be Involved in Truth-seeking

Children are particularly affected by conflict and mass atrocities and have a unique perspective on how those events impact their communities. This makes their participation in transitional justice processes essential for countries to genuinely make a break with the past and successfully address legacies of mass violence.

11/18/15

Learning From Our Past: An Exploration of Truth, Justice, and Reconciliation in Kenya

This educational tool for educators and mentors is designed to help teach young people in Kenya about difficult periods in Kenyan history and foster discussion on issues of justice, democracy, leadership, and their role as Kenyan citizens.

11/19/15

Karen Murphy, Dylan Wray, and Clara Ramírez-Barat

History Lessons Help Kenyan Youth See Their Role in Building a Thriving Democracy

Young people in Kenya now have a new tool to help them learn about difficult periods in Kenyan history and discuss justice, democracy, leadership, and their role as Kenyan citizens.

11/20/15

Kenyan Victims Demand National Assembly Adopt TJRC Report and Implement Recommendations

After years of waiting for the government to take action by implementing the recommendations of Kenya’s Truth, Justice, and Reconciliation Commission, victims of past human rights violations and mass violence are demanding that something be done.

12/04/15

Truth is the First Step Towards Peace

As we search for ways to halt the violence and foster lasting peace in societies grappling with a legacy of massive human rights abuse, there is arguably no more important day to reflect upon the importance of the struggle for truth and justice than today, March 24. Thus, we take a moment to mark the International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims.

03/24/16

What is the Role of Truth Commissions in Peace Processes in Africa?

The African Union, the Kofi Annan Foundation and ICTJ opened a high-level conference examining the role of truth commissions in peace processes. The two-day conference, titled “Truth Commissions and Peace Processes in Africa,” has gathered senior staff from the African Union and member states as well as international and national experts to reflect on lessons learned from truth commissions that have emerged from peace processes in Africa and other continents.

04/18/16

ICTJ Partners Victims, Civil Society and Officials on Transitional Justice in Great Lakes Region

Civil society leaders, members of victims' groups and state officials throughout the Great Lakes region will convene in Kampala, Uganda next week at a conference hosted by ICTJ. Attendees will share their experiences working for redress in their communities and discuss what strategies have proven effective at the local level.

05/12/16

ICTJ Conference Explores Efforts at Redress, Accountability and Reform in African Great Lakes Region

Today, ICTJ opened a two-day conference in Kampala, Uganda, gathering activists and officials from the African Great Lakes Region to discuss efforts at redress and accountability for serious human rights violations committed in their countries.

05/17/16

Empowering Victims in Kenya on International Day for the Right to Truth

The right to the truth carries special resonance in Kenya, and so on March 24th Kenyan state agencies, survivors, civil society organizations, and international partners will join together in Nairobi to observe the International Day for the Right to the Truth. It provides an opportunity not just for remembrance, but also for greater dialogue between the government and victims about the implementation of reparations programs and of the findings presented in the Truth, Justice and Reconciliation Commission's final report.

03/23/17

Activists: Strong Civil Society is Key to Hopes of Stability in Africa’s Great Lakes

A new ICTJ report argues that in Africa's interconnected Great Lakes region, each country’s attempt to provide justice for past violations offers lessons for similar processes in others. We gathered civil society activists from across the region to discuss which strategies have worked for them, which have not, and opened up about the greatest challenges they face in securing justice.

03/29/17

“You Don’t Forget Your Torturers”: Wachira Waheire’s 30-Year Quest for Justice in Kenya

In 1986, Wachira Waheire was whisked off the street, taken to Kenya's most infamous torture chamber, and sentenced to four years in prison. Over the next 30 years, his quest for justice led him to meetings with his torturers to courtroom showdowns with the country's Attorney General. Discover his ongoing struggle for truth, acknowledgement, and reparations alongside all survivors of abuse in Kenya.

05/30/17

Kenya's Security Sector Needs to Learn from the Past to Safeguard the Nation at this Critical Moment

Kenya is just days away from the 2017 general election, but challenges dot the horizon, including the recent assassination of an election official. ICTJ's Chris Gitari calls for a strong, accountable security sector and the implementation of the Truth, Justice and Reconciliation Commission Report.

08/02/17

To Prevent Enforced Disappearances, Rethink the Justice and Security Equation

With enforced disappearances on the rise, ICTJ President David Tolbert says the path to prevention is clear: the international community must reorder its priorities and change its approach. The disproportionate attention on counterterrorism takes us further away from accountability and prevention, Tolbert writes. He urges the international community to lead the way in unequivocally censoring governments that use enforced disappearance as a political tactic — and ensuring there can be no impunity for this crime.

08/30/17

Documentary Film Promotes Dialogue on Repairing a Legacy of State Violence and Exclusion in Northern Kenya

Kenyan media house Africa Uncensored has teamed up with the International Center for Transitional Justice (ICTJ) on a documentary that explores the Bulla Karatasi massacre that took place in the northern region of Garissa, Kenya, and its impact on communities in the North. The documentary will advance ICTJ’s efforts to partner with civil society on community-state dialogue initiatives, engage stakeholders around political and constitutional reforms stemming from the TJRC’s recommendations, and achieve redress for the legacy of state violence in Garissa and other communities in Northern Kenya.

11/19/18

Kenya: Still Grappling with a Stalled Transitional Justice Mandate

Many countries have endured a violent past or a dictatorship that left behind a trail of human rights violations. During transitions to peaceful societies or democracies, there is a need to address that painful past to ensure that the violations do not recur in future. While some countries have made or are making laudable efforts to deal with the atrocities of the past, others like Kenya are regrettably still at the phase of wishing the painful past away.

12/17/18

Agatha Ndonga

Situating Security Sector Reforms in Kenya’s Discourse on Inclusion and National Dialogue Process

This paper explores political exclusion in Kenya and its consequences on the social fabric of the nation. It draws from past governmental reports and analysis to formulate new recommendations that can inform current discourse. It first provides an overview of ethnicity in Kenya. It th...

04/17/19

Christopher Gitari

Can Building Bridges Break the Cycles of Corruption and Political Violence in Kenya?

In its report, the Kenya Truth, Justice and Reconciliation Commission concluded that “corruption is endemic in Kenya” and that “there is a direct link between corruption and gross violation of human rights.” This paper considers the extent of impunity for corruption in Kenya, how corr...

11/26/19

Agatha Ndonga and Ruben Carranza

Ending Gender Violence in Elections: Inclusion of Women in Kenyan Politics and the National Dialogue Process from a Transitional Justice Perspective

In its primary findings, Kenya's Truth, Justice and Reconciliation Commission noted that women and girls have been subject to systematic, state-sanctioned discrimination in all spheres of their lives, and that the state has failed to take measures to end the practices that restrict wo...

01/23/20

Agatha Ndonga and Kelli Muddell

Special Report on COVID-19: Keeping Justice in Sight

Sparing almost no corner of the world from its wrath, the COVID-19 pandemic has now spread to every country. In an effort to slow the contagion, governments in most countries have been taking drastic measures requiring all residents other than essential workers to confine themselves in their homes, and shutting down vast sectors of their economies. The impact has been crushing. COVID-19 has profoundly affected every country where ICTJ currently works: Armenia, Colombia, Cote d’Ivoire, Ethiopia, Gambia, Kenya, Lebanon, Libya, Sudan, Syria, Tunisia, and Uganda. We recently caught up with ICTJ’s heads of country programs to learn more about the impact the pandemic is having on transitional justice and society more broadly.

05/19/20

Truth, Accountability, and Asset Recovery: How Transitional Justice Can Fight Corruption

On March 2 and 3, 2020, transitional justice and anti-corruption policymakers, experts, and activists from the Gambia, Kenya, South Africa, Armenia, and Tunisia met in Tunis for a two-day conference to share solutions to a common problem: How can countries emerging from dictatorship, ...

08/27/20

Ruben Carranza

A Truth Commission for Kenya? Incorporating International Standards and Best Practice

A range of transitional justice measures should be considered in addressing the Kenyan crisis, including holding key perpetrators to account in a court of law, providing reparations for victims of the recent violence, and vetting security forces in order to remove those involved in ab...

01/01/08

ICTJ

Strengthening Indigenous Rights through Truth Commissions | July 19–21 New York

ICTJ's expert conference on the relationship between truth-seeking and indigenous rights is in session. View the live stream here.

07/19/11

Strengthening Indigenous Rights through Truth Commissions

ICTJ hosted a conference on “Strengthening Indigenous Rights through Truth Commissions” July 19-21, 2011. Regional and international experts convened to discuss how truth commissions can incorporate and address indigenous peoples’ rights. Videos of each session and summaries of the conference proceedings are available.

07/25/11

“We Didn’t Think It Would Hit Us:” Understanding the Impact of Attacks on Schools in Syria

This report examines attacks on schools in Syria from multiple angles: from the legal implications of such attacks to the everyday impact on students, teachers, families, and society at large. It is the product of Save Syrian Schools, a collaborative project led by 10 Syrian civil soc...

09/10/18

Save Syrian Schools

“We Didn’t Think It Would Hit Us,” New Report on Attacks on Schools in Syria Calls Attention to Atrocities

A new report on attacks on schools in Syria harnesses documentation to call attention to atrocities and advance storytelling, truth seeking, acknowledgment. It is the product of Save Syrian Schools, a collaborative project led by 10 Syrian civil society organizations and the ICTJ that demands an end to the killing of Syrian children and justice for the bombing of schools.

09/07/18

Christopher Boland

Meet the Syrian Artists Who Cartoon for Change

Diala Brisly and Hani Abbas, two cartoonists and contemporaries, know firsthand the power of images to document conflict, and of cartoons —consumed by children and adults alike —to promote action.

10/12/18

Molding Justice: Women's Voices from the Tunis Gender Conference

ICTJ’s Gender Symposium, held on February 2 to 4, 2019, in Tunis, Tunisia, brought together fearless women leaders working in 8 countries to advance the needs of victims and to bring gender issues to the center of transitional justice processes. What was achieved? What experiences cut across these diverse contexts? Kelli Muddell and Sibley Hawkins reflect on these questions and more in this short podcast.

05/15/19

In The Name of Loved Ones: Justice for the Missing and Disappeared

The trend of missing and disappeared persons due to conflict remains more prevalent than ever today. Many governments around the world have remained undeterred in their abuse of power to invade a home or community and remove persons deemed to be a threat. This intractable problem has received global attention largely due to the efforts of family members who often risk their lives in pursuit of the right to know and ‍‍to bury their loved ones.

08/28/19

‘What is Right and Just:’ A Call to Action for the Disappeared in Syria

“Vetoes and excuses get in the way of what is right and just.” With those words, Amina Khoulani, Cofounder of Families for Freedom, spelled out the failings of the United Nations Security Council, as she described in lurid detail the harsh realities facing families of the disappeared in Syria. Actors with the power to stop the killing of detainees and to free those still imprisoned are forsaking their responsibilities.

09/10/19

Elena Naughton

Our Future, Our Justice: Young People Taking Action

This guide is designed to engage young people who are interested in or are working on transitional justice issues in their communities. Intended to serve primarily as a training tool, it provides basic information about transitional justice and related principles and offers tips and s...

12/04/19

New Guide for Syrian Youth Inspires Creative Thinking About Transitional Justice

New York, December 4, 2019—"Get ready to speak up and be heard because your voice matters!”—that is the message a new guidebook released today on transitional justice sends to Syrian youth. Produced by ICTJ and Dawlaty, a Syrian human rights organization based in Beirut, the guidebook introduces the concepts of transitional justice to young audiences in an engaging and interactive way while capturing the challenges of applying them in difficult contexts.

12/03/19

As Pandemic Looms, Action Is Needed to Protect Syria’s Vulnerable Prison Population

For the past few months, ICTJ, along with our partners at the Center on International Cooperation at New York University, has been working on a comprehensive new policy paper on the situation of the many thousands of Syrians detained somewhere in the country’s vast network of prisons. The depravity that goes on inside these detention sites is already so appalling that it would have been hard to imagine when we started the project that the situation for the prisoners could get any worse. And then the COVID-19 pandemic hit, upending all of our preconceptions, and our lives, in ways none of us ever expected.

04/22/20

Gone Without a Trace: Syria’s Detained, Abducted, and Forcibly Disappeared

In most cases, to be imprisoned in Syria is to disappear. Tens of thousands of people, if not more, have been unlawfully taken prisoner or held incommunicado in the context of the Syrian conflict. This policy paper examines the dark reality of detentions in Syria, its impact on those ...

05/29/20

Hanny Megally and Elena Naughton

New Report: "Gone Without A Trace" Examines the Dark Reality of Detentions in Syria

New York, May 29, 2020 — Time is of the essence for breaking the deadlock over the release of detainees, abductees, and the forcibly disappeared in Syria, says a policy paper released today by ICTJ and the New York University’s Center on International Cooperation (CIC). Coordinated action by the Syrian regime and other parties to the conflict, as well as the international community, must begin now, particularly as the spread of the coronavirus accelerates in Syria. The consequences of delay and a failure to act — for the detainees and their families — are likely to be calamitous.

05/29/20

Advancing Global Accountability: The Role of Universal Jurisdiction in Prosecuting International Crimes

Invoking the principle of universal jurisdiction opens the door to the possibility of some accountability in circumstances where justice is not possible in countries where the crimes took place. This study considers the challenges facing the exercise of universal jurisdiction and asse...

12/03/20

Howard Varney and Katarzyna Zduńczyk