Resource Library

The role of police in society is to protect residents and enforce the rule of law. As a public institution, and particularly one whose function includes the state-sanctioned use of force, the effectiveness of the police depends on its integrity and legitimacy. When the police abuses its power, by brutalizing civilians and or engaging in corruption, it loses its credibility and the public’s trust. In Kenya, enforcement of measures to halt the spread of COVID-19 have been accompanied by acts of police brutality, of the kind that Kenyans have been through multiple times before.

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.

Given the political challenges emerging from authoritarian states and conflicts in Africa, what is the best way to pursue accountability for violations of international human rights and humanitarian law on the continent? ICTJ experts Chris Gitari and Howard Varney sit down to discuss regional initiatives, complementarity, and other strategies for pursuing accountability.

On February 14, Kenyans once again confronted their painful relationship with law enforcement and revisited the deep mistrust born of historical abuses. In an unprecedented ruling, a court found five senior police officers potentially culpable in gruesome murder during the police response to the 2017 post-election protests. On the same day, a senior police officer was convicted of murder and jailed for life.

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.

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.

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.

The Africa Union's resolution to collectively support a strategy to withdraw from the ICC looks more like a machination of those who have instrumentalized an argument against the court to protect themselves from the long arm of justice, write ICTJ's top experts on Africa.

Think you're an expert on how national courts and the ICC work together? Put your knowledge to the test!

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.

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.

In this editorial, Christopher Gitari argues that as the ICC case against Ruto and Sang comes to a halt, our focus must shift to other forms of justice in Kenya - including reparations for victims.

In this op-ed, ICTJ's President David Tolbert urges President Uhuru Kenyatta and Kenyan institutions to take concrete actions without further delay to provide reparations for victims, tackle the struggling police vetting reform, and prosecute the serious crimes that were committed during the post-election violence.

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.

ICTJ joins the global observations of the International Day for the Elimination of Violence Against Women, and the start of the “16 Days of Activism against Gender-Based Violence Campaign.” On this day, we recognize the ongoing efforts to protect women from violence in different parts of the world.

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.

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.

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.

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.

ICTJ released a briefing paper today examining current opportunities for prosecuting serious crimes within Kenya’s national judicial system, including crimes committed during the postelection violence of late 2007 and early 2008 (PEV), which claimed 1,113 lives and displaced an estimated 660,000 people. Titled “Prosecuting International and Other Serious Crimes in Kenya,” the paper looks at legal and institutional reforms that may be needed at the national level to effectively investigate and prosecute the worst crimes of the PEV period, including murder, serious assault, and rape.

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.

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.

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.

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.