Resource Library

Transcript of the Interview with Albie Sachs

SEILS: ICTJ are delighted to host today a real giant in the world of political and legal struggle. Albie Sachs has not only played a huge and influential role in the development of the South African constitution but after being nominated by Nelson Mandela for 15 years in the new constitutional court...

04/25/11

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.

04/01/09

South Africa North Gauteng High Court

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.

11/01/08

ICTJ

Research Brief

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.

12/01/08

Impunity in East Timor: Will the Team to Investigate Serious Crimes make a difference? (Tetum)

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.

06/01/10

ICTJ

Report

Justice Abandoned? An Assessment of the Serious Crimes Process in East Timor

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...

06/01/05

ICTJ; Megan Hirst, Howard Varney

The Serious Crimes Process in Timor-Leste: In Retrospect

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...

03/01/06

ICTJ; Caitlin Reiger, Marieke Wierda

Report

Prosecutions of Crimes Against Humanity in Timor-Leste: A Case Analysis

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 ...

06/01/11

ICTJ

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

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

A Complementarity Case Study in Uganda: Podcast with Justice Akiiki Kiiza

Uganda's first trial for war crimes committed by the brutal Lord's Resistance Army rebel movement is currently underway. To further ICTJ’s special podcast series on complementarity, we sat down with Justice Dan Akiiki Kiiza, head of Uganda's International Crimes Division, to discuss the progress and challenges of complementarity in the country. [Download](/sites/default/files/Akiiki_Kiiza_ICTJ_Podcast_02192012.mp3) | Duration: 09:44mins | File size: 5.57MB

02/22/12

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

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

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

ICTJ Program Report: Africa

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.

12/04/12

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

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

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

ICTJ and Center for Global Affairs to Host Conversation on Africa and the International Criminal Court

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.

02/24/14

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

ICC’s Intolerance of Impunity Does Not Make It an Enemy of Peace

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.

11/17/14

Pursuing Accountability for Serious Crimes in Uganda’s Courts: Reflections on the Thomas Kwoyelo Case

This paper describes proceedings in Uganda’s national courts against Thomas Kwoyelo, a former mid-level commander of the Lord’s Resistance Army, for war crimes and crimes against humanity. It analyzes the opportunities and challenges for the prosecution of serious crimes in Uganda and...

01/22/15

Kasande Sarah Kihika and Meritxell Regué

Is Uganda’s Judicial System Ready to Prosecute Serious Crimes?

After LRA commander Dominic Ongwen was transferred to the ICC to face trial, questions have again been raised about Uganda's ability to prosecute serious crimes. A new publication from ICTJ analyzes the opportunities and challenges for the prosecution of serious crimes in Uganda and concludes with recommendations to enhance accountability in the country.

01/22/15

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

ICTJ Condemns the Murder of Joan Kagezi, Prosecutor of International Crimes in Uganda

ICTJ condemns in the strongest terms the murder last night of Senior Principal State Attorney Joan Kagezi, in Kiwatule, east of Kampala. As the founding prosecutor of the International Crimes Division of the High Court of Uganda, Kagezi played an instrumental role in introducing best practices to advance the effective investigation and prosecution of international crimes in Uganda.

03/31/15

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

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

On the Path to Vindicate Victims’ Rights in Uganda: Reflections on the Transitional Justice Process Since Juba

The government of Uganda has been slow to address and remedy serious human rights abuses committed against civilians throughout the country, despite its commitment under the Juba peace talks. This paper analyzes some of the underlying factors that seem to impede the implementation of ...

06/15/15

Michael Otim and Kasande Sarah Kihika

ICTJ Paper Calls on Government of Uganda to Urgently Adopt Transitional Justice Policy

A new paper by ICTJ identifies several factors impeding Uganda's efforts to acknowledge violations and hold perpetrators accountable.

06/16/15

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

As ICC Holds Key Hearing in Ongwen Case, LRA Victims in Uganda Need More Than Prosecutions

Ugandan victims of the LRA have waited over a decade to see the group’s leadership held accountable for crimes committed during the armed conflict with Uganda’s government. They saw it happen last week, when former LRA commander Dominic Ongwen appeared in court for an important hearing at the International Criminal Court.

01/26/16

ICTJ Brings Together the DRC, Rwanda, Uganda and Tanzania to Discuss Response to International Crimes

Eastern DRC continues to be affected by conflict and serious crimes continue to be committed against civilians living in the area by the national army (FARDC), national armed groups, and foreign armed forces. Holding perpetrators accountable is essential to dismantling the structures that allow the ongoing cycle of abuses to continue in the DRC.

03/14/16

ICTJ and Other Organizations Call Upon Uganda to Arrest ICC Fugitive Bashir As He Attends Inauguration

Human Rights Network-Uganda (HURINET-U), The Uganda Coalition on the International Criminal Court (UCICC), The International Center for Transitional Justice, Avocats San Frontiers and Atrocities Watch are dismayed to learn that Government of Uganda has extended an invitation to President Omar al...

05/12/16

ICTJ Partners Victims, Civil Society and Officials on Transitional Justice in Great Lakes Region

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.

05/12/16

ICTJ Conference Explores Efforts at Redress, Accountability and Reform in African Great Lakes Region

Today, ICTJ opened a two-day conference in Kampala, Uganda, gathering activists and officials from the African Great Lakes Region to discuss efforts at redress and accountability for serious human rights violations committed in their countries.

05/17/16

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

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

Kwoyelo and Ongwen Trials Show Progress in Fight Against Impunity

The long-awaited trials of two LRA leaders, Dominic Ongwen and Thomas Kwoyelo, will proceed in two different settings - but why? ICTJ's Sarah Kasande explains the significance of Ongwen's trial before the International Criminal Court and Kwoyelo's prosecution by the International Crimes Division of the High Court in Gulu, Uganda.

07/25/16

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

The Complex Reality Beyond the Trial of Dominic Ongwen

Dominic Ongwen's ICC trial will determine whether the former child-soldier-turned-LRA-commander is guilty or innocent. However, for those of us supporting justice globally, discussion must extend beyond simple dichotomies: the reality of Ongwen’s actions and the context in which they occurred is much more complex than whether he is guilty or innocent. Moreover, the calls for justice by victims in Uganda extend far beyond the trial of a single man, and demand a multifaceted response.

12/05/16

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

Reflections on the Struggle for Justice: Caitlin Reiger

As we look back on 15 years of ICTJ's work, we recognize that our greatest asset is the people whose knowledge, experience, and dedication made our contribution possible. To celebrate all who have been part of ICTJ’s story over the years, we asked some of our former colleagues to share their reflections and memories of moments that stand out: moments that throw the stakes of our work into sharp relief. In the weeks and months to come we will bring you their stories in Reflections on the Struggle for Justice. Caitlin Reiger, ICTJ's former Deputy Director of Prosecutions (2005–2010), reflects on the humanizing power of testimony, on display in East Timor.

01/03/17

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 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

Activists: Strong Civil Society is Key to Hopes of Stability in Africa’s Great Lakes

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.

03/29/17

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

Victims in the Thomas Kwoyelo Case Forced to Wait Longer for Justice

Kampala—On the 23rd of July, the Ugandan Judiciary announced that the pretrial hearing of the case Uganda v. Thomas Kwoyelo had been adjourned indefinitely, due to a shortage of funds needed to hold the hearing. The Pretrial Judge of the International Crimes Division (ICD) was expected to deliver a...

07/25/18