Resource Library

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

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

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

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...

08/07/12

Joanna Korner

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

Are We Still Committed To Human Rights For All?

The United Nations has proclaimed December 10 as International Human Rights Day. The date commemorates the signing of the Universal Declaration of Human Rights in 1948, which represented the reaction of the international community to the horrors of the Second World War. Today is a day for reflection more than celebration. A cursory scan of events from the last few weeks has thrown up examples that demonstrate that the belief in human rights for all - in treating all states the same - is more of a tissue-thin membrane than a robust bulwark.

12/10/12

Join the Debate: Has the ICTY Contributed to Reconciliation in the Former Yugoslavia?

The Italy-based research center Osservatorio Balcani e Caucaso is hosting an online debate on the ICTY's contribution to reconciliation. The debate, featuring Refik Hodzic of ICTJ and Dr. Janine Clark of the University of Sheffield, who will present arguments for and against the notion that ICTY has contributed to reconciliation. Outside audiences are invited to participate online.

02/19/13

Can International Justice Foster Reconciliation?

On April 10, the UN General Assembly is holding a thematic debate on the role of international justice in reconciliation processes. The debate was called by UN GA President Vuk Jeremic, of Serbia, in the wake of the recent acquittal of Croatian General Ante Gotovina by the International Criminal Tribunal for the Former Yugoslavia. Unfortunately, it has become clear that the real purpose of this debate is directed at undermining the ICTY, rather than to discuss an important issue, not only in the Balkans, but in a growing number of countries.

04/10/13

Transitional Justice Should Be Part of Serbia’s Accession to the EU

In this op-ed, ICTJ President David Tolbert argues that in order to meet the EU’s high standards on the rule of law and human rights, Serbia must address the legacy of its recent past in which Slobodan Milosevic’s regime and the institutions under its control were involved in some of the most notorious crimes committed in Europe since World War II.

04/03/14

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

Karadzic’s Trial Ends, But His Legacy Lives On

In this op-ed, ICTJ's Refik Hodzic says that five years of a trial, thousands of documents and evidence exhibits, hundreds of witnesses, and hours testimony have not moved Radovan Karadzic closer to acknowledgement of the suffering he inflicted on countless lives.

10/08/14

More than prayers, Pope Francis’ actions can help reconciliation in Bosnia and Herzegovina

Ahead of Pope Francis' visit to Bosnia Herzegovina, ICTJ's Communications Director, Refik Hodzic, asks the leader of the Catholic Church to actively contribute to "a genuine reckoning needed for a genuine peace" in a society still stuck in the past, even 20 years after the war.

02/17/15

Twenty Years Since Srebrenica: No Reconciliation, We’re Still at War

Bosnia and Herzegovina is marking the twentieth anniversary of the Srebrenica genocide. In this Op-Ed, ICTJ's Refik Hodzic asks, can we constructively talk about reconciliation in a country still gripped by war?

06/29/15

Post-Karadzic Bosnia and Herzegovina: The End of the Criminal Justice Era

Bosnian Serb leader Radovan Karadzic was recently sentenced by the ICTY to 40 years for genocide and crimes against humanity, crimes which have decisively shaped the society in Bosnia and Herzegovina. In this essay, ICTJ’s Refik Hodzic explores what would it take for this poisonous legacy to be dismantled and makes a case for acknowledgement and reparations as matters of moral imperative, but also of political necessity.

04/11/16

Panel Discussion Examines the Impact of Denial

What happens when a state refuses to acknowledge the suffering of victims of mass atrocities? Or when the public celebrates perpetrators as heroes? Earlier this month, a panel discussion hosted by The International Center for Transitional Justice and New York University’s Center for Global Affairs grappled with the impact of denial on justice.

04/27/16

Quiz: How Much Do You Know About Complementarity?

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

07/14/16

Unpacking the Nuances of Complementarity

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.

07/12/16

Committing to Justice for Serious Human Rights Violations: Lessons from Hybrid Tribunals

This report aims to help practitioners in the transitional justice field to understand the experience of establishing and operating hybrid courts and to address some common assumptions about these entities. To do so, it looks at hybrid or mixed courts in practice, drawing on experienc...

12/05/18

Elena Naughton

'Prince of Peace' and ICTJ Founder Alex Boraine Laid to Rest

Alex Boraine, founder of the ICTJ and soldier in the struggle for human rights around the world, will be laid to rest in Cape Town today. He has been called the “Prince of Peace” for his lifelong commitment to transforming South Africa’s society through truth, reconciliation, justice, following the horrors of apartheid.

12/12/18

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.

01/01/10

ICTJ, Open Society, Diane F. Orentlicher

A Transitional Justice Approach to Foreign Fighters

This study explores a transitional justice approach to the dilemma of foreign fighters in violent conflict. Such an approach can help center human rights in comprehensive responses to foreign fighters, and shift the current focus from security and punishment to justice and long-term p...

12/20/21

Image of Children looking through holes in a tent at al-Hol displacement camp in Hasaka governorate, Syria, on April 2, 2019.

Gearing Up the Fight Against Impunity: Dedicated Investigative and Prosecutorial Capacities

This study explores specialized units established in 23 countries to investigate and prosecute serious international crimes. Notwithstanding the challenges faced by these units, the study concludes that countries with a specialized institutional approach are considerably more successf...

03/23/22

several judges dressed in black gowns sit on a judicial bench.

ICTJ to Release New Report on Transitional Justice and Foreign Fighters

New York, December 10, 2021—In contexts such as Afghanistan, Bosnia, Chechnya, Iraq, Somalia, and Syria, hundreds, sometimes thousands, of individuals have crossed national borders to engage in violent conflicts in which serious human rights violations and mass atrocities have been committed...

12/10/21

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

Finding a Shared Truth and Justice in Kosovo

More than 20 years after the end of the Yugoslav Wars of the 1990s, Kosovo is still contending with unresolved ethnic tensions. Formerly an autonomous region of Serbia within the former Yugoslavia, Kosovo declared independence in 2008. Ethnic tensions were a root cause of the violent conflicts, during which an estimated 140,000 died and numerous atrocities were committed. ICTJ recently sat down with ICTJ's Anna Myriam Roccatello and Kelli Muddell to learn more about ICTJ's work and the present challenges to truth and justice in the country.

08/18/23

by Caroline Nowak

A man points at photographs of people covering the wall of a room.

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–...

01/01/08

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...

01/01/07

ICTJ; Bogdan Ivanišević

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...

03/05/06

ICTJ; Tom Perriello, Marieke Wierda

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

Justice and Development: Nexus at the Heart of Arab Spring

This year’s Annual Emilio Mignone Lecture on Transitional Justice, coordinated by ICTJ and the Center for Human Rights and Global Justice at the NYU School of Law, focused on the intersection between transitional justice and international development.

11/17/11

Tunisia Leads the Way in Transitional Justice

The National Conference to Launch a Dialogue on Transitional Justice in Tunisia was held on Saturday, April 14 in Tunis, initiating a process which should result in the adoption of a comprehensive law on transitional justice by the country’s National Constituent Assembly. ICTJ president David Tolbert delivered a keynote address.

04/16/12

Breaking the Ground on Peace and Stability: Transitional Justice and the Rule of Law

Transitional justice, at the core of its mission, strives to “break the ground on a future of peace and stability.” For countries with a violent or repressive past—and this can be said of most—implementing truth-seeking, criminal justice, reparations, and institutional reform measures forms the basis for establishing a culture of justice and respect for the rule of law.

05/15/12

ICTJ Program Report: Middle East and North Africa

The latest ICTJ Program Report explores transitional justice issues in the Middle East and North Africa (MENA) and charts our work in this important and dynamic region. Claudio Cordone, ICTJ’s program director covering the MENA region, discusses individual country scenarios, prospects for transitional justice processes and explains ICTJ’s involvement and impact. Cordone speaks about transitional justice principles being at the root of popular uprisings referred to as “Arab Spring” and the challenges facing societies in their efforts to reckon with legacies of dictatorships and recent violence. He describes ICTJ’s efforts to address the impact of violence on women and promote their participation in transitional justice initiatives. The interview provides a thorough overview of ongoing initiatives and future prospects in Tunisia, Libya, Egypt, Syria, Yemen, Lebanon and Israel and Occupied Palestinian Territory.

09/05/12

ICTJ signs cooperation agreement with Tunisian Ministry of Human Rights and Transitional Justice

The International Center for Transitional Justice (ICTJ) signed a cooperation agreement with the Tunisian government on January 16 to provide further technical assistance in establishing transitional justice mechanisms in the country. The development comes two years after protests forced President Zine El Abidine Ben Ali to step down and flee the country in January 2011.

01/17/13

ICTJ Welcomes Tunisia’s Historic Transitional Justice Law

ICTJ welcomes the historic passage of the Draft Organic Law on the Organization of Transitional Justice Foundations and Area of Competence by the Tunisian National Constituent Assembly (NCA). In a nearly unanimous vote on Sunday, 125 of 126 deputies voted in favor of the law.

12/16/13

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

Transition in Tunisia: The Role of the Media

In the span of only one month, Tunisia has witnessed the historic passing of a transitional justice law and adoption of a new constitution. A key actor in the country's transition is the media.

03/27/14

ICTJ to Take Part in Eighth Al Jazeera Forum: “Change in the Arab World: Where To?”

ICTJ President David Tolbert will be a featured speaker at this year’s Al Jazeera Forum in Doha, Qatar. Al Jazeera Forum is the flagship event of Al Jazeera Media Network, at which Al Jazeera showcases its contribution to the world of media and politics.

05/21/14

ICTJ Program Report: Tunisia

Since the uprising that sparked the "Arab Spring," Tunisians have demonstrated unwavering commitment to transitional justice. In this interview, ICTJ's Head of Office Rim El Gantri gives an overview of the country's efforts to address the truth about the past, seek justice for abuses committed under decades of repression, and provide reparations for harm suffered under the former regime.

06/03/14

Tunisia’s Specialized Judicial Chambers: Q&A with Judge Walid Melki

In this interview, Judge Walid Melki explains how Tunisia's Specialized Judicial Chambers will investigate and prosecute serious human rights violations.

09/02/14

Tunisia's "Reconciliation Bill" Threatens Gains of the Revolution

In this op-ed, ICTJ's President David Tolbert expresses concern about the new "Reconciliation Bill" proposed by the Tunisian government, which would grant amnesty to corrupt business people and Ben Ali-era officials in the guise of "reconciliation." "Massive corruption and violent human rights violations are mutually reinforcing, and unless this linkage is exposed and broken, it can lead to mutually reinforcing impunity," writes Tolbert.

08/17/15

Tunisia in Transition: One Year After the Creation of the Truth and Dignity Commission

This briefing paper details and analyzes the progress made so far in Tunisia to implement its historic Transitional Justice Law, with a particular focus on the Truth and Dignity Commission, created one year ago.

09/28/15

Reem El Gantri

Briefing Paper

In the Shadows of the Nobel Prize - Impunity Still a Threat to Tunisia’s Transition

In this op-ed, Rim El Gantri, head of ICTJ's Tunisian office, discusses the challenges facing Tunisia's transitional justice process and argues that the government's failure to provide accountability for crimes committed under past regimes threatens the country's transition to democracy.

10/16/15

As Tunisia Confronts Truth About Abuses, ICTJ Gathers Officials to Discuss Criminal Justice

In Tunisia, efforts to seek criminal accountability have been characterized by an absence of strategy and the lack of political will. An ICTJ conference sought to address these issues and ease the confusion and political gridlock surrounding the Specialized Judicial Chambers.

01/19/17

Laundering the Corrupt Is a National Priority? Tunisian Civil Society Again Opposes the National Reconciliation Law

This is the third time that the Tunisian government, supported by several Members of Parliament, has put debate of the National Reconciliation Law on the political agenda. Rearranged in form but with the same substantial faults, this law has mobilized the opposition — for the third time — of approximately 20 civil society organizations that met yesterday and plan to soon hold a press conference.

04/25/17

ICTJ Calls Again for Withdrawal of Flawed “Economic Reconciliation” Draft Law in Tunisia

The International Center for Transitional Justice today repeated the call for the withdrawal of the revamped “Economic Reconciliation” Draft Law. As one of the key expert organizations that has supported the transitional process in Tunisia since its inception, ICTJ has opposed the flawed “Economic Reconciliation” Draft Law since it was first presented in 2015, because its provisions undermine key goals of transitional justice: accountability, truth and reform.

05/12/17

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

ICTJ Denounces the Passage of Tunisia’s New ‘Administrative Reconciliation’ Law that Grants Amnesties to Public Officials for Corruption

The International Center for Transitional Justice denounces the passage of Tunisia’s deeply flawed “Administrative Reconciliation” law, which grants amnesty to public officials who were involved in corruption during the dictatorship but who claim they did not personally gain from it.

09/14/17