Resource Library

This document presents a non‐exhaustive summary of some of the topics discussed at a workshop on outreach organized by the ICTJ in collaboration with the ECCC from March 3-5, 2010. It first provides a general overview of the ECCC functions and outreach activities. Thereafter, it highl...

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....

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).

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...

Kenya plunged into a dark episode of violence following the controversial presidential election of 2007. The International Criminal Court’s (ICC) recently announced its investigation into issues of complementarity, peace, justice, victims, and affected communities in the country. ...

Few conflicts have garnered as much attention as the recent one in Darfur. Widespread atrocities reported by several organizations including an International Commission of Investigation compelled the United Nations (UN) Security Council to refer the situation in the western region of ...

The situation in Uganda presented a challenging first case for the International Criminal Court (ICC). The origins of the conflict between the Lord’s Resistance Army (LRA) and the government are complex, and many people in the north resent the government for failing to protect them fr...

Overview of the proceedings of the ECCC, the hybrid tribunal created in 2006 to try senior leaders of the Khmer Rouge and those "most responsible" for the crimes that took place. The court has five suspects in custody and has almost completed its first trial which began in March of 20...

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. ...

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...

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...

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...

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...

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...

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, ...

ICTJ calls on African states parties to the International Criminal Court to ensure fair and effective justice for serious crimes committed against Africans and others. Written in the lead up to the Rome Statute Review Conference in Kampala, May 2010.

The military rulers of Burma (also known as Myanmar) convened a National Convention to draft a new constitution. After many delays, the convention completed the draft on September 3, 2007. An analysis of the constitution’s provisions suggests that instead of being a true catalyst for ...

The Special Court for Sierra Leone-which began with the hope that it would be accessible to millions of Sierra Leoneans- has fallen short of its domestic goals. The decision to try Taylor in The Hague, rather than in Freetown, and the lack of adequate outreach activities made the cour...

The Special Court for Sierra Leone (SCSL or Special Court) was established in 2002 when the two United Nations (UN) ad hoc international tribunals for the former Yugoslavia and for Rwanda had already existed for several years and when the first lessons could be drawn from their experi...

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

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.

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

In August 2006 the Security Council created the UN Serious Crimes Investigation Team, as an extension of the previous investigation under the UN Integrated Mission Timor-Leste.

This paper assesses the impact of the International Criminal Court (ICC) on conflicts in Sudan and the Democratic Republic of Congo (DRC). The Sudanese government challenged and undermined the jurisdiction of the ICC from the start. Conversely, the leading actors in the DRC supported ...

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...

This case study provides basic information and policy analysis on the Special Court for Sierra Leone. It aims to help guide policymakers establishing and implementing similar mechanisms. The Court broke new ground in terms of narrowly focusing on those bearing the greatest responsibi...

This paper considers the UN-sponsored regime established to respond to the crimes committed in East Timor during the Indonesian occupation between 1975 and 1999. The story of the quest for justice in East Timor perhaps can be summed up as one involving good intentions that were not ba...

This report describes the Special Court for Sierra Leone’s accomplishments in the first 18 months of its mandate. The Court was established to try "those bearing the greatest responsibility" for serious violations of international law and certain provisions of domestic law since Nove...

This report focuses on 12 trials that took place before the Indonesian Ad Hoc Human Rights Court between March 2002 and August 2003. It analyzes the prosecution efforts and quality of the judgments, and assesses the political and institutional context in which these trials took place....

This handbook explains the mandate, origins, purposes, and operating methods of the Truth and Reconciliation Commission (TRC) and Special Court in Sierra Leone. It discusses the differences and similarities between them, in clear, non-technical language. The TRC and Special Court can...

This paper analyzes the serious crimes process the UN established in Timor-Leste to try serious violations of human rights perpetrated in 1999. The main difficulty facing this process is that the vast majority of suspects are in Indonesia, and the Timorese government has not been able...

This paper explores practical issues regarding the relationship between the Truth and Reconciliation Commission (TRC) and Special Court (SC) in Sierra Leone. It looks at: 1) the legal relationship of the Commission and the Court; 2) the question of whether the TRC information should b...

This paper analyzes the Maubuti case in Timor-Leste, the third serious crimes case to be brought to trial after the closure of the UN-supported Serious Crimes Unit in 2005. Maubuti was indicted for crimes against humanity including murder, attempted murder, and rape. The decision and ...

Indonesia has initiated transitional justice mechanisms to address human rights abuses that occurred during and after the New Order regime, but insufficient political will has rendered these efforts inadequate in achieving justice and reconciliation for victims.