145 results

Courts of First Resort: Prosecuting International Crimes at the National Level

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.

10/24/12
In Focus

Op-Ed: Peace Talks With FARC a Chance for Reimagining the Colombian State

This Wednesday saw the beginning of formal peace talks between the Colombian Government of Juan Manuel Santos and the leadership of the left-wing FARC guerrillas. This op-ed from ICTJ Vice President Paul Seils argues that a successful outcome will not be measured simply in the effective demobilization of roughly 8,000 militants. Durable peace will require a reimagining of the Colombian state, which has become both victim and perpetrator in a conflict now over half a century old.

10/22/12
In Focus

Peace and Justice at the Negotiating Table: Colombia Talks Peace with FARC

An end could be in sight for the longest-running armed conflict in the Western Hemisphere. Peace negotiations between the government and the Revolutionary Armed Forces of Colombia (FARC) rebels have begun on 17 October in Oslo, Norway, and will continue in Havana, Cuba.

10/22/12
In Focus

ICTJ Forum October 2012: Analysis of World Events From a Transitional Justice Perspective

The latest episode of ICTJ Forum, a monthly podcast looking into recent news and events from around the world, features ICTJ President David Tolbert, Truth and Memory Program Director Eduardo Gonzalez, and Africa Program Director Suliman Baldo. They join host and Communications Director Refik Hodzic for an in-depth analysis of recent developments in Kenya, the former Yugoslavia, and Colombia.

10/16/12
Podcasts

ICTJ Program Report: Colombia

The latest ICTJ Program Report explores transitional justice issues in Colombia and charts our work in the country with the longest running armed conflict in the world. In this interview, head of ICTJ's Colombia office Maria Camila Moreno answers questions on the ongoing transitional justice mechanisms in the country, and describes ICTJ's work with the government and civil society groups on issues of criminal justice, reparations and memory. She provides a look ahead to the new peace negotiations between the Colombian government and the FARC, and identifies key transitional justice issues at stake for the talks.

10/02/12
In Focus

ICTJ Forum: Analysis of World Events From a Transitional Justice Perspective

In the first ICTJ Forum, transitional justice experts discuss the upcoming peace negotiations between the Colombian government and leftist FARC rebels, the UN Security Council debate on accountability for crimes against children, the proposed ordinance on a Truth and Reconciliation Commission in Nepal, and the first report to the UN Human Rights Council by the recently appointed Special Rapporteur on transitional justice.

09/17/12
Podcasts

Justice for the Disappeared is at the Heart of Transitional Justice

As the world marks August 30, the International Day of the Disappeared, we are reminded that forced disappearances and transitional justice share a common history. Indeed, processes working in concert that came to form the field of transitional justice were born from the search for truth and justice about the disappeared.

08/28/12
In Focus

DRC: Lubanga Reparations Decision Should be Celebrated, but Only When Victims Receive Compensation

The decision on reparations by the International Criminal Court (ICC) in the case of Congolese warlord Thomas Lubanga sets a historic precedent, but it should not be celebrated until victims in the Democratic Republic of the Congo (DRC) are fully compensated through an inclusive and participatory process. The Lubanga decision stated that reparations “go beyond the notion of punitive justice, towards a solution which is more inclusive, encourages participation and recognizes the need to provide effective remedies for victims.” Yet Ruben Carranza, director of ICTJ’s Reparative Justice program, is cautious about celebrating before the process is complete.

08/13/12
Podcasts

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 ...

by

Joanna Korner

Research Case Study

Criminal Justice and Forced Displacement in Colombia

The crime of forced displacement has been a widespread practice in Colombia’s internal armed conflict for several decades. However, forced displacement cannot be reduced to an inherent or unintended effect of the conflict. The armed actors in the Colombian armed conflict—the army an...

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Federico Andreu-Guzmán

Research Case Study

“No Accountability, No Dignity:” Colombia Celebrates International Justice Day

As Colombia marked International Justice Day, the importance of accountability for violations committed during the decades of conflict was underscored in the number of victims awaiting justice—376,000 registered in the Attorney General’s Office, more than 4 million in total. And while July 17 is celebrated as the date of adoption of the Rome Statute of the International Criminal Court, it is clear that in countries like Colombia accountability extends beyond criminal trials.

07/19/12
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

In Renewed Effort to End Hostilities, Colombia Adopts New Transitional Justice Tools

After several months of intense political debate, Colombia’s Senate passed constitutional reform measures containing extensive transitional justice provisions. The Legal Framework for Peace was adopted to confront decades of massive human rights violations and help to bring a sustainable peace to Colombia’s ongoing internal armed conflict.

07/11/12
In Focus

Lubanga Sentence: Historic Test of ICC’s Mandate to Award Reparations to Victims

The trial of Thomas Lubanga before the ICC has the potential to set a critical precedent regarding the right to reparations. In our latest podcast ICTJ's Director of Reparations Ruben Carranza discusses recommendations ICTJ submitted to the ICC concerning the implementation of reparations. [Download](/sites/default/files/Carranza_ICTJ_Podcast_06132012.mp3) | Duration: 16:56mins | File size: 9.69MB

06/18/12
Podcasts

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
In Focus

Reforming the Justice and Peace Law: A Forum for Debate

With the goal of creating an opportunity for debate between civil society and the Colombian government on JPL reform, ICTJ and the Mission to Support the Peace Process from the Organization of American States have organized an event titled “Challenges and Opportunities of the Justice and Peace Law Reform,” to take place May 14 in Bogotá.

05/11/12
In Focus

Justice and Peace: Progress and Great Challenges

It has been nearly seven years since the passage of the Justice and Peace Law (JPL) in Colombia. The process continues today amidst controversies and important reflections on the direction it should take. What progress has been made and what are the shortcomings of how the law has been implemented?

05/10/12
In Focus

Justice and Peace Process Should Lead to the Most Responsible

Colombia continues to endure a complex conflict spanning more than four decades that has resulted in almost 400,000 registered victims and has displaced more than three million people. In a podcast with ICTJ’s vice president Paul Seils, we explore the concepts of prioritization and selection of cases and their relevance to Colombia's Justice and Peace process.

05/09/12
In Focus

Feature Series: Colombia’s Justice and Peace Process

Colombia’s Justice and Peace Law (JPL) lies at the heart of the country’s efforts to dismantle notorious paramilitary groups and provide justice to thousands of their victims. As the government seeks to reform the JPL to allow for a more effective process, ICTJ will run a series of features to provide a deeper insight into the background and successes and challenges of the law.

05/08/12
In Focus

Twenty Years On, Bosnia Struggles to Reckon with the Past

Ceremonies throughout Bosnia and Herzegovina today mark 20 years since the beginning of the conflict that saw the worst atrocities in Europe since World War II. In this podcast Refik Hodzic, our communications director and a Bosnian justice activist and journalist, discusses the obstacles Bosnia is facing in achieving a reckoning with its troubled recent past. [Download](/sites/default/files/Hodzic_ICTJ_Podcast_04062012.mp3) | Duration: 10:17mins | File size: 5.88MB

04/06/12
Podcasts

Building the First Line of Defense against Impunity: Podcast with Phakiso Mochochoko

The global struggle against impunity relies on a frontline of national judicial systems willing and able to prosecute war crimes, crimes against humanity, and genocide. In this final podcast on complementarity, Phakiso Mochochoko, head of the Jurisdiction, Complementarity, and Cooperation Division of the International Criminal Court, discusses the role the court must play in supporting complementarity in practice. [Download](/sites/default/files/Mochochoko_ICTJ_Podcast_03202012.mp3) | Duration: 10:17mins | File size: 5.88MB

03/26/12
Podcasts

ICC Asked Tough Questions by Historic First Judgment

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.

03/19/12
In Focus

U.S. Pressure Needed to End Impunity in the Congo

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.

03/13/12
In Focus

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
In Focus

Impunity Must be Fought at the National Level: Podcast with David Tolbert

If the international community is seriously committed to fighting impunity for mass atrocity, national courts in the countries where such crimes have been committed must be at the frontline. International development actors are crucial to making this possible. [Download](/sites/default/files/Tolbert_ICTJ_Podcast_11302011_2.mp3) | Duration: 12:33mins | File size: 7KB

12/05/11
Podcasts

Impact of the Yugoslav and Rwanda Tribunals: Lessons for the International Criminal Court

View the live broadcast of tonight's panel discussion with Richard Goldstone, David Tolbert, Hassan Jallow and Diane Orentlicher from 6:30pm–8:30pm.

11/29/11
In Focus

From Milosevic to Mubarak: Prosecuting Heads of State, Podcast with Caitlin Reiger

In this podcast, Caitlin Reiger, director of international policy relations at ICTJ, and coeditor of Prosecuting Heads of State, discusses the phenomenon of accountability at the most senior level of government in the context of ongoing trials of Mubarak and Ben Ali and the calls to bring to justice current and former heads of state accused of human rights abuses. [Download](/sites/default/files/Masic_ICTJ_Podcast_07312011.mp3) | Duration: 7:27mins | File size: 4.56MB

08/17/11
Podcasts

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
In Focus

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...

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ICTJ; Tom Perriello, Marieke Wierda

Report

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...

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ICTJ; Bogdan Ivanišević

Report

U.S. Counter-Narcotics Interests Killing Colombian Victims’ Hope

As the United States and Colombia near the signing of a free-trade agreement and resolve differences over labor rights and other issues, the problematic extraditions of paramilitaries accused of savage crimes committed during the years of counter-insurgency remain far from the spotlight.

05/13/11
In Focus

The Criminal Procedure for Justice and Peace (Spanish)

This is a compilation of cases from the Criminal Chamber of the Supreme Court of Colombia.

by

ICTJ, ASDI

Book

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–...

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ICTJ; Bogdan Ivanisevic

Who is Bosco Ntaganda?

Background on the 2004 ICC arrest warrant for Bosco Ntaganda, wanted for war crimes allegedly committed in the DRC including civilian massacres and the recruitment of child soldiers. In 2009, the Congolese government decided not to arrest Bosco, and instead appointed him a deputy comm...

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ICTJ

Fact Sheet

Thomas Lubanga and the ICC

Situation brief on the International Criminal Court's prosecution against Thomas Lubanga, the former leader of the Union des Patriotes Congolais (UPC) who has been charged with genocide and crimes against humanity. Due to problems with the prosecutor's proposed use of evidence, the tr...

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ICTJ

Fact Sheet

Amnesty Must Not Equal Impunity

Background on the role of amnesty in processes of transitional justice and the 2009 DRC Amnesty Law. Given a fragile justice system and culture of impunity, this law risks rewarding blanket amnesty for all crimes committed in the DRC. ICTJ gives suggestions to break the culture of imp...

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ICTJ

Fact Sheet

Confronting Past Crimes at the National Level

Background on conflict in the Democratic Republic of Congo (DRC) and the Central African Republic (CAR) in the context of Jean-Pierre Bemba’s trial at the International Criminal Court (ICC). The ICC is preparing to prosecute Bemba of the DRC for alleged rapes, torture and murders that...

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ICTJ

Fact Sheet

Jean-Pierre Bemba at the International Criminal Court

Situation brief on the International Criminal Court's upcoming pretrial hearings on whether to pursue charges against Jean-Pierre Bemba for crimes his troops allegedly committed in the Central African Republic (CAR) in 2002-03. The ICC prosecutor opened an investigation in May 2007 in...

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ICTJ

Fact Sheet

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
In Focus

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.

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ICTJ, Open Society, Diane F. Orentlicher

Research Paper / Report

The Democratic Republic of Congo Must Adopt the Rome Statute Implementation Law

Years have lapsed since the Democratic Republic of Congo (DRC) ratified the Rome Statute of the International Criminal Court (ICC) in March 2002, but the DRC government has yet to meet its legal obligation to incorporate the statute into national law. Adopting such legislation is esse...

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ICTJ

Briefing Paper

Germain Katanga and Mathieu Ngudjolo Chui Face Justice at the ICC

The International Criminal Court (ICC) opened its second trial against Germain Katanga and Mathieu Ngudjolo Chui on November 24, 2009. The men are former leaders of armed rebel movements from the Ituri district in the Democratic Republic of Congo (DRC).

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ICTJ

Fact Sheet

Democratic Republic of Congo: Impact of the Rome Statute and the International Criminal Court

The Democratic Republic of Congo (DRC or Congo) presents a critical test for the International Criminal Court (ICC). All of the accused in current ICC trials are from DRC. The Court plays a vital role in DRC regarding complementarity, peace, justice, victims, and affected communities....

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ICTJ; Mima Adjami and Guy Mushiata

Briefing Paper

Colombia: Impact of the Rome Statute and the International Criminal Court

In Colombia, international crimes can be tried under the ordinary national jurisdiction as well as a limited number of cases under the Justice and Peace Law of 2005 (JPL). Neither jurisdiction has served to highlight the widespread or systematic nature of state-sponsored violence. ...

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ICTJ; Amanda Lyons, Michael Reed-Hurtado

Briefing Paper

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
In Focus