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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...

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.

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.

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.

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.

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.

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.

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.

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.

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.