53 results

Victims in Palestine and Israel Can't Wait: Urgent Action Must Follow This Positive Step Toward Accountability

ICTJ acknowledges and welcomes the decisive action undertaken by the Office of the Prosecutor of the International Criminal Court, requesting the arrest of Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three Hamas leaders – Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri, and Ismail Haniyeh – for war crimes and crimes against humanity.

05/21/24
ICC Prosecutor Karim Khan stares front and center at the camera, flanked by one official on each side.
Press Releases

2023 Year in Review

Throughout 2023, ICTJ’s experts have offered their unique perspective on breaking news around the globe as part of the World Report. Their insightful commentaries have brought into focus the impact these events have on victims of human right violations as well as larger struggles for peace and justice. In this edition, we look back on the past year through the Expert’s Choice column.

01/05/24
A collage of feature images from the 2023 Expert's Choice commentaries.
World Report

When Will We Learn? The Crimes of War in Israel and Gaza

On October 7, the world watched in horror as members of the militant group Hamas slaughtered over 1,400 Israelis, most of whom were civilians including children and the elderly, in a premeditated and sophisticated attack. Israel’s response has so far been no less horrific. Incessant waves of indiscriminate airstrikes on Gaza have hit residential buildings, medical facilities, and other critical civilian infrastructure, besieging the entire enclave and leaving more than 5,000 people dead including 2,000 children. Unfortunately, these unspeakable atrocities—the condemnation and rejection for which we have run out of words—are not isolated events happening in a vacuum. They are, in fact, just the latest episodes in a 75-yearlong cycle of violence.

10/25/23

by

Fernando Travesí

A seriously damaged high-rise building is engulfed in smoke and flames and teeters on the brink of collapse.
In Focus

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...

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

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

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...

by

Howard Varney and Katarzyna Zduńczyk

Report

The Future of International Criminal Justice in Africa

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.

10/03/19
In Focus

The Evolution of Alex Boraine, ICTJ's North Star

Regardless of how the world remembers Alex Boraine's legacy—or the success and shortcomings of the truth and reconciliation process in South Africa—history will recall that Boraine withstood his own, and his nation’s, transitions to cement his legacy as an architect for truth and reconciliation and a champion for justice for victims.

06/12/19
In Focus

Remembering Alex Boraine: An Intimate Conversation

In December 2018, we mourned the loss of ICTJ's founder, Alex Boraine. On December 12, Fernando Travesí sat down for an intimate conversation with Vincent Mai—ICTJ’s first chairman—to learn more about a life that we will continue to commemorate in the months and years to come.

02/06/19
In Focus

'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
Press Releases

In Memoriam, ICTJ Founder Alex Boraine

Dr. Alex Boraine, founder of the ICTJ, was larger than life. In his long career, he touched the lives of thousands in his beloved South Africa and around the world.

12/05/18

by

Howard Varney

In Focus

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...

by

Elena Naughton

Report

In South Africa, a Ruling in an Apartheid-era Murder Case Opens Paths to Justice

Anti-apartheid activist Ahmed Timol died in South African police custody in 1971, and his family continues to demand justice. While police claimed Timol died by suicide, evidence indicated that he was tortured and murdered. The family’s tenacious efforts led to the reopening of an inquest into Timol's death this year, with ICTJ senior program advisor Howard Varney representing the family. Last month the Pretoria High Court ruled in the family’s favor, finding that Timol did not kill himself but was indeed murdered while in police custody. ICTJ’s Sam McCann sat down with Varney to discuss the ruling, what it means to Timol’s family, and its significance for the fight for justice in South Africa.

11/29/17
In Focus

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
In Focus

In South Africa’s Date with Destiny, Mandela’s Legacy Is a Beacon to Follow

South Africa Parliament faces a historic moment. In this op-ed, ICTJ's Vice President Paul Seils remembers the great hope that marked the ICC’s emergence: "No country embodied that hope and that reality more powerfully and more inspiringly than South Africa."

03/03/17
In Focus

AU Strategy for Collective Withdrawal from the ICC a Non-Starter

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.

02/16/17
In Focus

South Africa's Obligations to the ICC Persist

South African authorities apparently believe that once the country has officially withdrawn from the ICC, it will be free to invite the likes of Sudanese President al-Bashir to the country. That's not so, writes ICTJ's Howard Varney, who explains why the country's obligations would continue beyond its departure from the court.

12/12/16
In Focus

ICTJ Denounces South African Government’s Attempt to Exit the International Criminal Court

The International Center for Transitional Justice (ICTJ) decries the announcement that the country will seek to withdraw from the Rome Statute, the treaty that created the International Criminal Court and an international framework for fighting impunity for egregious crimes.

10/21/16
Press Releases

ICTJ Deplores ANC Resolution to Lead Africa-wide Withdrawal from ICC

ICTJ deplores the resolution of the African National Congress, at its National General Council meeting on Sunday, to withdraw South Africa from the International Criminal Court and lead an Africa-wide walkout from the court.

10/13/15
Press Releases

ICTJ: South Africa Allows Bashir to Depart, Dealing Grave Blow to Victims’ Rights and International Justice

The actions of the South African government, in allowing Bashir to depart, have dealt a grave blow to the rights of victims of atrocities in Darfur and to the prospects of establishing a credible system of international criminal justice through the ICC.

06/15/15
Press Releases

Family Seeks Justice in South Africa for Anti-Apartheid Activist 32 Years after her Torture and Disappearance

Thembi Nkadimeng, the sister of disappeared anti-apartheid activist Nokuthula Simelane today filed an application before the Pretoria High Court compelling the National Director of Public Prosecutions and the Minister of Justice to refer the kidnapping, torture, disappearance and murder of Nokuthula Simelane to a formal inquest. This case is aimed at bringing closure to the 32 year old abduction, torture and enforced disappearance of Nokuthula Simelane.

05/20/15
Press Releases

Political Pardons Would Damage the Legacy of South Africa's Truth and Reconciliation Commission

President Jacob Zuma risks irreparably damaging the credibility of core elements of South Africa's deal with the victims of apartheid with his current plan to pardon 149 serious offenders and to potentially consider another 926 applications which are before him. Such a move would mark a profound breach of trust with the victims and South African society at large.

03/06/15
In Focus

After Guilty Verdicts in Khmer Rouge Tribunal, Broader Struggle for Accountability Continues in Cambodia

On August 7, the Extraordinary Chambers in the Courts of Cambodia (ECCC) found two senior leaders of the Khmer Rouge, Nuon Chea and Khieu Samphan, guilty of crimes against humanity. For many victims who have been waiting for 35 years, the judgment still felt like bittersweet justice.

08/21/14
In Focus

20 Years On, ANC Rules but Legacy of Apartheid Still Lingers

In early May, the African National Congress (ANC) held on to power in South Africa’s general election. However, there is a widespread feeling that the party that oversaw the creation of the groundbreaking Truth and Reconciliation Commission has walked away from its obligations to the South African people.

05/28/14
In Focus

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
In Focus

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
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

Ignoring Cries for Justice, South Africa Fails Victims of Apartheid-era Crimes

Years after the Truth and Reconciliation Commission issued its final recommendations, victims of apartheid-era crimes are still fighting for adequate reparation and rehabilitation. Will the government of South Africa listen? In the latest episode of ICTJ’s podcast, we speak with ICTJ Senior Program Adviser Howard Varney, who explains why the vast majority of victims still await justice. [Download](/sites/default/files/Howard_Varney_ICTJ_Podcast_12212012.mp3) | Duration: 24:29mins | File size: 14,351 KB

01/07/13
Podcasts

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
In Focus

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: 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
In Focus

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

Zuma’s Presidential Pardons Process “Unconstitutional”

Almost 150 criminals, racist killers, and those responsible for mass atrocities committed during and immediately after apartheid have been recommended for special pardon in a deeply flawed and unconstitutional process headed by President Jacob Zuma, the South African Coalition for Transitional Justice (SACTJ) warned today.

06/15/12
Press Releases

Asia: Experts Meet to Discuss Challenges and Opportunities for Prosecuting Serious Crimes

JAKARTA, Nov. 15, 2011—Experts and stakeholders from Cambodia, the Philippines, Bangladesh, Indonesia, Burma, Timor-Leste, Thailand, and Nepal, along with international experts are gathering in Jakarta’s Hotel Atlet from November 15–16 to discuss the need for progress on prosecuting serious crimes in Asia.

11/15/11
Press Releases

Law of the Supreme Iraqi Criminal Tribunal

This report describes the Supreme Iraqi Criminal Tribunal. It discusses the court's establishment and organization, jurisdiction, individual criminal responsibility, rules of procedure and evidence, and general principles of criminal law. It examines, in depth, the guidelines and fram...

by

Al-Waqa’i Al-Iraqiya (Official Gazette of the Republic of Iraq)

Report

Speaking Clearly: The ICC's Challenge in the Middle East and North Africa

The International Criminal Court (ICC) must better communicate what is driving its actions to the public of the Middle East and North Africa (MENA) and elsewhere around the world if it is to develop confidence in its capacity to act as a guardian of international criminal law.

06/09/11
In Focus

Creation and First Trials of the Supreme Iraqi Criminal Tribunal

This paper discusses the significance of the trials of Saddam Hussein and his close associates held by the Supreme Iraqi Criminal Tribunal. It examines the challenges faced by the Tribunal - including concerns that the process was dominated by the U.S. government (hence undermining t...

by

ICTJ

Briefing Paper

Dujail: Trial and Error?

This paper summarizes the basic facts about the Dujail trial, the first trial before the Iraqi High Tribunal (IHT) against Saddam Hussein and seven others. It also summarizes facts about the IHT in general. It considers both what the Iraqis wanted out of the trial, what such prosecuti...

by

ICTJ

Briefing Paper

The Anfal Trial and the Iraqi High Tribunal Update Number Three: The Defense Phase and Closing Stages of the Anfal Trial

This update series summarizes developments in the Anfal trial of Saddam Hussein, his cousin Ali Hassan al-Majid, and five other co-defendants before the Iraqi High Tribunal. It covers the trial's defense and closing phases. Five of the six defendants were sentenced to either multiple ...

by

ICTJ; Clark Gard

Briefing Paper

Comments on Draft Internal Rules for the Extraordinary Chambers in the Courts of Cambodia

ICTJ provides constructive comments on the draft Internal Rules for the Extraordinary Chambers in the Courts of Cambodia (ECCC). While the draft Internal Rules provide greater procedural clarity for the ECCC proceedings, ICTJ lists several concerns in five areas that must be focused o...

by

ICTJ

Briefing Paper

Symposium: The Trial of Saddham Hussein

This article examines and evaluates the Iraq Tribunal's Dujail Trial. The trial marks the beginning of a longer accountability process in the country and can potentially make a lasting contribution to transitional justice. This study assesses the fairness and effectiveness of the tria...

by

Ethics & International Affairs; Miranda Sissons

Briefing Paper

The Prosecution Witness and Documentary Evidence Phases of the Anfal Trial

This report provides an update on the developments in the Anfal trial before the Iraqi High Tribunal, including the trial of Saddam Hussein, his cousin Ali Hassan al-Majid, and five other co-defendants. This update focuses on the prosecution witness and documentary evidence phases of ...

by

ICTJ; Ezekiel Simperingham, Clark Gard

Report

Was the Dujail Trial Fair?

This paper evaluates the Dujail trial, the first of fourteen trials in Iraq against persons accused of crimes against humanity. Although the trial was potentially a new attempt at Iraqi justice, it fell short in many ways. Ultimately, it was rendered ineffective due to political inter...

by

ICTJ; Miranda Sissons and Ari S. Bassin

Briefing Paper

In the High Court of South Africa: Judgment: Nkadimeng, et al

Document from the High Court of South Africa regarding a case on enforced disappearances.

Briefing Paper: Iraq's new "Accountability and Justice" Law

On January 12, 2008, the Iraqi parliament passed the “Law of the Supreme National Commission for Accountability and Justice.” The new law replaces the earlier framework governing Iraq’s De-Ba’athification policies. This document is intended to provide a short summary and preliminary a...

by

ICTJ; Miranda Sissons

Briefing Paper

Research Brief: Country case studies on the use of pardons

This research brief provides case studies on the use of pardons in Argentina, Chile, El Salvador, Peru and South Africa following periods of mass abuse, and highlights subsequent political and civil society action to overcome impunity exacerbated by pardons and amnesties.

by

ICTJ

Research Brief

South Africa: Notice of Application for Leave to Appeal

Applicants apply to the Supreme Court of Appeal against the judgment regarding North Gauteng High Court, Pretoria.

by

South Africa North Gauteng High Court

The Anfal Trial and the Iraqi High Tribunal: The Complainant Phase of the Anfal Trial

This update covers the first, complainant phase of the Anfal trial, which lasted for twenty-three sessions from August 21 to November 27, 2006. Seventy-six complainants presented testimony regarding their experiences during the Anfal campaign. Information is taken directly from obser...

by

ICTJ, Bill van Esveld

Report

Leaving a Lasting Legacy for Victims: Practical Workshop for ECCC Victims' Representatives

The three conference organizers stressed the importance of bringing the stakeholders of victim participation in the ECCC together to encourage a dialogue to identify and address the various opportunities and challenges presented by victim participation, particularly as Civil Parties, ...

by

ICTJ; Cambodian Human Rights Committee (CHRAC)

Practical, Feasible and Meaningful: How the Khmer Rouge Tribunal Can Fulfill its Reparations Mandate

This paper is meant to help the Extraordinary Chambers in the Courts of Cambodia (ECCC), the civil parties before the court and other Khmer Rouge period survivors and their families deal with practical and legal issues in the course of fulfilling the reparations mandate of the ECCC. ...

by

ICTJ; Ruben Carranza

Briefing Paper