55 results

Criminal Justice for Criminal Policy: Prosecuting Abuses of Detainees in U.S. Counterterrorism Operations

The report documents that practices that included slamming detainees into walls, extended sleep deprivation, suspending them by the arms, forced nudity, threats, prolonged shackling in uncomfortable positions and disrespect of the Qur'an, were the result of officially sanctioned polic...

by

ICTJ; Carolyn Patty Blum, Lisa Magarrell, Marieke Wierda

Report

U.S. Court of Appeals: Ali v. Rumsfeld Brief of Amici Curiae

This Brief of Amici Curiae is respectfully submitted by several human rights and torture treatment organizations pursuant to Federal Rule of Appellate Procedure 29 and District of Columbia Circuit Rule 29. The Brief is filed in support of the Plaintiffs-Appellants and seeks the revers...

by

Aceves, William J; et al

After Torture: U.S. Accountability and the Right to Redress

Counterterrorism detainees held in U.S. custody were subject to widespread abuses, including prolonged, arbitrary detention, physical and sexual abuse, enforced disappearance by way of the secret transfer of prisoners to undisclosed locations (“extraordinary rendition”), and other cru...

by

ICTJ; Lisa Magarrell, Lorna Peterson

Report

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
In Focus

Criminal Justice for Criminal Policy: Prosecuting Abuses of Detainees in U.S. Counterterrorism Operations (Briefing)

On August 24, 2009, U.S. Attorney General Eric Holder announced that he was appointing Assistant U.S. Attorney John Durham to conduct a preliminary review into the possibility that federal laws were violated in the interrogation of specific detainees outside of the United States. The ...

by

ICTJ

Briefing Paper

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

Department of Defense v. American Civil Liberties Union Brief

Amicus curiae on petition for a writ of certiorari, to the United States Court of Appeals for the second circuit.

by

US Supreme Court

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

Briefing Paper

Alberto Fujimori on Trial

A three-judge panel of Peru’s Supreme Court will announce a verdict before the end of this year in the trial of Alberto Fujimori, Peru’s president from 1990-2000, on charges of murder and kidnapping. Prosecutors hold him responsible for the deaths of 25 people at the hands of a death ...

by

ICTJ

Fact Sheet

Research Brief: Pardons in International Jurisprudence

States have the obligation to prevent human rights violations, investigate them, identify and punish their intellectual authors and accessories after the fact, and may not invoke existing provisions of domestic law to avoid complying with their obligations under international law. ...

by

ICTJ

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.

The Legacy of Truth: Criminal Justice in the Peruvian Transition

This book presents a series of essays on truth and criminal justice in Peru. It aims to contribute to analysis on how to strengthen and consolidate democracy there. The essays pay particular attention to the interests of individual victims' of human rights abuses, analyzing individual...

by

ICTJ; Lisa Magarrell, Leonardo Filippini (editors)

Book

Policy Brief: Pardons

Recent speculation indicates that U.S. President George W. Bush may grant pardons to administration officials and members of the military who might face prosecution for authorizing, ordering, endorsing, justifying or committing acts pursuant to the “war on terror.” While a pardon appl...

by

ICTJ; Carolyn Patty Blum

Briefing Paper

Pardons in International Jurisprudence

Examples of pardons in international jurisprudence, including Inter-American Court and Commission, European Court of Human Rights, UN Treaty Bodies, and the African Commission on Human and Peoples’ Rights.

by

ICTJ

Briefing Paper

Examples of United States Commissions of Inquiry

by

ICTJ

Briefing Paper

Examples of Defense, Intelligence, and Justice Investigative Reports into Detention and Interrogation Practices

Research Brief: Selected examples of Defence, Intelligence and Justice Investigative Reports into detention and interrogation practices.

by

ICTJ

Briefing Paper

Amicus Curiae: Case No. 09-160

Whether the government can lawfully rely on Exemption 7(F) of the Freedom of Information Act, 5 U.S.C. § 552(b)(7)(F), to withhold photographs depicting the abuse of prisoners held in U.S. custody without identifying with reasonable specificity any individuals who could reasonably be ...

by

ICTJ, HRW, Amnesty International

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

International Justice Day Reminds Us: Without Accountability, There Is No Dignity

As we mark July 17, designated International Justice Day by the states parties of the International Criminal Court (ICC) just over two years ago, we should not limit our focus to the work of the court or criminal justice as such. Pursuing justice in the aftermath of atrocity presents an opportunity to do three crucial things: reaffirm a society’s shared values about basic ideas of right and wrong; restore confidence in the institutions of the state charged with protecting fundamental rights and freedoms; and recognize the human dignity of the victims of atrocities that have taken place.

07/17/12
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

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

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

United States Must Ensure Accountability for “War on Terror” Abuses

In this new opinion piece, ICTJ President David Tolbert says the United States has publicly lauded the rule of law as it applies to other countries and offered significant financial and political support to torture victims of foreign regimes; yet it has failed to acknowledge or address its obligation to victims of its own detention policies. To regain its credibility in the eyes of the world, the US government must take steps to acknowledge and address past violations and provide redress to victims of US-sanctioned abuses.

04/29/13
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

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
In Focus

After Torture Report, Rights of Victims and Accountability for Perpetrators Must Not Be Denied

With the publication of the much-delayed US Senate Intelligence Committee’s partial report on the CIA’s Detention and Interrogation Program, at long last the truth is out. In this op-ed, ICTJ's President David Tolbert asks the United States to acknowledge the truth, hold the perpetrators accountable and address its obligation to the victims of its detention policies.

12/11/14
In Focus

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

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

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

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 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

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

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

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

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, 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

Revitalizing Justice: A Cross-Cultural Conversation with Two Youth Activists

ICTJ's Virginie Ladisch spoke with Heythem Guesmi, a young Tunisian activist who is fighting systemic oppression, economic exclusion, and impunity that persist despite the Revolution’s initial success, and Thenjiwe McHarris, a young organizer working with Black Lives Matter in the United States—a movement whose urgency also stems from historic marginalization leading to widespread impunity and systematic failures in law enforcement.

05/14/18

by

Virginie Ladisch

In Focus

Holding a Mirror to Society: Acknowledgment and the Struggle for Indigenous Peoples Rights

Indigenous peoples are still some of the most marginalized and vulnerable communities around the world. In a conflict, they are often some of the most affected as their resource-rich territories are coveted by powerful and violent groups, their identity and loyalty perceived with mistrust, and their...

08/08/18
In Focus

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

'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

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

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

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

Here We Are Again: Will Racist Violence in the United States Ever End?

It happened again. George Floyd’s name is now added to the tragic list—already far too long—of other people of color whose lives have been cut short as a direct result of the United States’ long history of racism and white supremacy. We at ICTJ are outraged by the cruel and senseless murder of an unarmed Black man by police officers in Minneapolis, Minnesota. As we try to process this horrific act and grieve the tragic loss of another human life, we must also grapple with the hard truth that it is frankly unsurprising that this list of names continues to grow.

06/05/20

by

Fernando Travesí

In Focus

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 Color of Justice: Transitional Justice and the Legacy of Slavery and Racism in the United States

This briefing paper examines how transitional justice approaches can guide the discussion around dismantling systemic racism in the United States to focus on root causes of violence and racial injustice. Drawing from relevant experiences internationally and within the United States, i...

by

Virginie Ladisch and Anna Myriam Roccatello

Briefing Paper

Transitional Justice and Prevention: Summary Findings from Five Country Case Studies

This report summarizes the findings of an ICTJ research project on the contribution of transitional justice to prevention. Drawing from five country case studies, it contends that addressing the past can help to prevent the recurrence not only of human rights violations but also viole...

by

Roger Duthie

A young person with back facing the viewer is wearing a T-shirt that reads “Colombia in Peace"
Report

Alive in the Demand for Change: Transitional Justice and Prevention in Peru

This study examines the preventive effect of transitional justice in Peru in the aftermath of internal conflict and authoritarianism, focusing on the violence’s root causes and the differentiated impact on victims and affected communities. It contends that while transitional justice h...

by

Julie Guillerot

Report

Repairing the Past: What the United States Can Learn from the Global Transitional Justice Movement

“No peace without justice” is a chant that filled the streets of the United States last year following the murder George Floyd by police in May 2020. This same chant has animated protest movements and social and political upheaval in many countries around the world. We at ICTJ know from our experience that these calls for justice are for something far more encompassing than criminal accountability alone.

07/15/21

by

Fernando Travesí

In Focus

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...

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