113 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

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. ...

by

ICTJ; Amanda Lyons, Michael Reed-Hurtado

Briefing Paper

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

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

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

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

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

Research Brief

Examples of United States Commissions of Inquiry

by

ICTJ

Research Brief

examples of Defence, 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

Research Brief

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

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

Guatemala: Genocide Case Vital Step to End Decades of Impunity

On Thursday, January 26, retired Guatemalan general Efraín Ríos Montt will stand before a judge in a Guatemalan court to hear the charges brought against him for genocide and crimes against humanity. ICTJ commends Guatemala for taking these important first steps to bring justice to bear after decades of impunity.

01/25/12
Press Releases

Guatemala Genocide Ruling a Triumph for Survivors

The last few decades have seen a revolution in the global struggle against impunity, but the decision to put General Efraín Ríos Montt on trial for crimes against humanity and genocide in Guatemala ranks among the most astonishing developments. Belatedly, but valiantly, a new breed of prosecutors, led by Attorney General Claudia Paz, have finally allowed his victims' pleas for justice to be heard.

02/02/12
In Focus

Guatemala’s Search for Justice Continues: A Conversation with Prosecutor General Claudia Paz

The search for justice in Guatemala continues, more than 15 years after the end of its long and brutal civil war. Claudia Paz, Guatemala’s prosecutor general and head of the Public Prosecutor’s Office, spoke with ICTJ about the struggle of victims and survivors to obtain justice for the crimes they suffered.

03/30/12
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

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

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

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

ICTJ Presents Granito: How to Nail a Dictator

Granito: How to Nail a Dictator, a recent documentary from Skylight Pictures, shows the international effort that has worked tirelessly to bring Montt to account for his crimes. ICTJ is pleased to announce that Granito will be aired on Thursday, June 28 at 10pm on the PBS series P.O.V.

06/26/12
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

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

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

“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

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...

by

Federico Andreu-Guzmán

Research Case Study

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

Forced Disappearances Are Crimes Against Humanity That Can’t Be Justified

Forced disappearance is a crime against humanity. The decisions made by politicians and officials authorizing such practices in different countries cannot be justified legally or morally. They must be held to account and be shown for what they are: enemies of a civilized society.

09/04/12
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

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 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

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

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

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

International Fight Against Impunity Starts with the Responsibility of States

When perpetrators of serious international crimes are brought to justice by the country in which they committed their crimes, it signals a strong commitment to accountability and the rule of law. To ensure that domestic investigations and prosecutions occur for serious crimes such as genocide and crimes against humanity, the need for international assistance goes beyond the walls of the courtroom: development agencies and rule of law actors can provide countries with essential support to fairly and effectively prosecute serious international crimes in their own courts.

11/02/12
In Focus

Synthesis Report on "Supporting Complementarity at the National Level: From Theory to Practice"

The International Center for Transitional Justice (ICTJ), in cooperation with the United Nations Development Programme (UNDP), with support from the Governments of Denmark and South Africa, and in close consultation with the Assembly of States Parties to the Rome Statute (ASP), held a...

by

ICTJ

Report

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

Guatemala's Claudia Paz: "For crimes of past and present, justice must be done"

In Guatemala, it has taken years of relentless organizing by civil society and cooperation with international partners to begin to prosecute the most responsible, but progress has been made. Claudia Paz y Paz Bailey, currently the prosecutor general and head of the Public Prosecutor’s Office, has played an instrumental role in the struggle for accountability. In this recent interview, ICTJ spoke with Ms. Paz about confronting the legacy of the past at the national level within an international system of global criminal justice.

12/11/12
In Focus

ICTJ Joins Partners to Send Message to Guatemala: No Amnesty for Serious Crimes

In January 2012, Guatemalan General Ríos Montt was formally charged with genocide for ordering massacres during the genocide in Guatemala. Only a year later, justice for victims has come under threat: Guatemalans and the international community are gravely concerned that the Constitutional Court could be pressured into granting amnesty. On Thursday, December 20, ICTJ joined colleagues and partners in the field to send a strong message to Guatemala: architects of atrocity must be held to account.

12/20/12
In Focus

ICTJ Forum: January 2013

The latest episode of ICTJ Forum features ICTJ's Marcie Mersky, who joins host and Communications Director Refik Hodzic for an in-depth analysis of news in Guatemala and Nepal, and looks ahead to the next year of transitional justice developments around the world.

01/22/13
Podcasts

Guatemala ex-dictator to stand trial on genocide

A former U.S.-backed dictator who presided over one of the bloodiest periods of Guatemala's civil war will stand trial on charges he ordered the murder, torture and displacement of thousands of Mayan Indians, a judge ruled Monday. "It's the beginning of a new phase of this struggle," said Paul Seils, vice president of the New York-based International Center for Transitional Justice.

01/29/13
In Focus

Ríos Montt Genocide Trial Marks New Phase in Guatemala’s Struggle for Truth and Justice

The decision of a judge in Guatemala City to send former military dictator Efraín Ríos Montt to trial on charges of genocide and war crimes is a watershed moment in the country’s complex journey towards a genuine respect for the rule of law. This genocide trial - the first genuine attempt anywhere to prosecute a former head of state in his own country on charges of genocide – has the potential to shatter a significant part of the wall of denial that surrounds Guatemala. For that to happen, the trial must be fair and free of intimidation, argues ICTJ Vice President Paul Seils in this op-ed.

02/01/13
In Focus

Genocide Trial of Ríos Montt Opens in Guatemala

On a historic day for justice in Guatemala and the world, the trial for Guatemala’s former military dictator José Efraín Ríos Montt began this morning in Guatemala City. Ríos Montt and his co-accused, José Mauricio Rodríguez Sánchez – are standing trial on charges of genocide and crimes against humanity during the civil war in Guatemala, in which some 200,000 people were killed or disappeared, a majority of them indigenous Maya.

03/18/13
In Focus

Genocide Trial Opens in Guatemala: Interview with Claudia Paz y Paz Bailey, Attorney General

On Tuesday, March 19, the genocide trial of General Efraín Ríos Montt began at the High Risk Tribunal in Guatemala. To talk about this historic development in Guatemala’s pursuit of accountability we talk with us one of the key players: Guatemalan Attorney General Claudia Paz y Paz Bailey

03/20/13
In Focus

The Rios Montt Trial Looks at the Past, but Shapes the Future of Guatemala

In this op-ed, ICTJ's Marcie Mersky argues that the significance of the genocide trial for José Efraín Ríos Montt stretches far beyond Guatemala: it is the first time that a former head of state is being tried for genocide in a credible national court, by the national authorities, in the country where the alleged crimes took place.

03/26/13
In Focus

Rights Groups Urge Completion of Guatemala Genocide Trial

Four international legal and human rights groups are together urging all concerned to ensure that the current trial in Guatemala of former president Efrain Rios Montt on charges of genocide and crimes against humanity proceeds with due respect for judicial independence. The four are: the Open Society Justice Initiative, the International Center for Transitional Justice (ICTJ), the Center for Justice and International Law (CEJIL), and the Washington Office on Latin America (WOLA).

04/19/13
Press Releases

Justice in Guatemala: What Happened to the Rios Montt Trial, and Where Can it Go from Here?

To discuss the recent chain of controversial upsets in the Rios Montt trial, we spoke with two transitional justice experts who have just returned from the courtroom in Guatemala City: Susan Kemp, prosecutions consultant for ICTJ, and Marcie Merksy, Director of Program Office. Informed by extensive work in both criminal justice and Guatemala, they offer an analysis of the dramatic events of the past week, discuss the legal and political complexities of the case, and consider possible scenarios that could develop. [Download](/sites/default/files/ICTJ-Podcast-Riosmontt-Guatemala-04-25-13.mp3) | Duration: 24:10 mins | File size: 22,659 KB

04/26/13
Podcasts

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