66 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...

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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...

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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...

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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

The Anfal Trial and the Iraqi High Tribunal: The Complainant Phase of the Anfal Trial

This update covers the first, complainant phase of the Anfal trial, which lasted for twenty-three sessions from August 21 to November 27, 2006. Seventy-six complainants presented testimony regarding their experiences during the Anfal campaign. Information is taken directly from obser...

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ICTJ, Bill van Esveld

Report

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 ...

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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.

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US Supreme Court

Briefing Paper

Briefing Paper: Iraq's new "Accountability and Justice" Law

On January 12, 2008, the Iraqi parliament passed the “Law of the Supreme National Commission for Accountability and Justice.” The new law replaces the earlier framework governing Iraq’s De-Ba’athification policies. This document is intended to provide a short summary and preliminary a...

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ICTJ; Miranda Sissons

Briefing Paper

Was the Dujail Trial Fair?

This paper evaluates the Dujail trial, the first of fourteen trials in Iraq against persons accused of crimes against humanity. Although the trial was potentially a new attempt at Iraqi justice, it fell short in many ways. Ultimately, it was rendered ineffective due to political inter...

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ICTJ; Miranda Sissons and Ari S. Bassin

Briefing Paper

The Prosecution Witness and Documentary Evidence Phases of the Anfal Trial

This report provides an update on the developments in the Anfal trial before the Iraqi High Tribunal, including the trial of Saddam Hussein, his cousin Ali Hassan al-Majid, and five other co-defendants. This update focuses on the prosecution witness and documentary evidence phases of ...

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ICTJ; Ezekiel Simperingham, Clark Gard

Report

Symposium: The Trial of Saddham Hussein

This article examines and evaluates the Iraq Tribunal's Dujail Trial. The trial marks the beginning of a longer accountability process in the country and can potentially make a lasting contribution to transitional justice. This study assesses the fairness and effectiveness of the tria...

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Ethics & International Affairs; Miranda Sissons

Briefing Paper

The Anfal Trial and the Iraqi High Tribunal Update Number Three: The Defense Phase and Closing Stages of the Anfal Trial

This update series summarizes developments in the Anfal trial of Saddam Hussein, his cousin Ali Hassan al-Majid, and five other co-defendants before the Iraqi High Tribunal. It covers the trial's defense and closing phases. Five of the six defendants were sentenced to either multiple ...

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ICTJ; Clark Gard

Briefing Paper

Dujail: Trial and Error?

This paper summarizes the basic facts about the Dujail trial, the first trial before the Iraqi High Tribunal (IHT) against Saddam Hussein and seven others. It also summarizes facts about the IHT in general. It considers both what the Iraqis wanted out of the trial, what such prosecuti...

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ICTJ

Briefing Paper

Creation and First Trials of the Supreme Iraqi Criminal Tribunal

This paper discusses the significance of the trials of Saddam Hussein and his close associates held by the Supreme Iraqi Criminal Tribunal. It examines the challenges faced by the Tribunal - including concerns that the process was dominated by the U.S. government (hence undermining t...

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ICTJ

Briefing Paper

Law of the Supreme Iraqi Criminal Tribunal

This report describes the Supreme Iraqi Criminal Tribunal. It discusses the court's establishment and organization, jurisdiction, individual criminal responsibility, rules of procedure and evidence, and general principles of criminal law. It examines, in depth, the guidelines and fram...

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Al-Waqa’i Al-Iraqiya (Official Gazette of the Republic of Iraq)

Report

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...

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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.

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ICTJ

Research Brief

Examples of United States Commissions of Inquiry

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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.

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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 ...

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ICTJ, HRW, Amnesty International

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

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

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

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 Program Report: Middle East and North Africa

The latest ICTJ Program Report explores transitional justice issues in the Middle East and North Africa (MENA) and charts our work in this important and dynamic region. Claudio Cordone, ICTJ’s program director covering the MENA region, discusses individual country scenarios, prospects for transitional justice processes and explains ICTJ’s involvement and impact. Cordone speaks about transitional justice principles being at the root of popular uprisings referred to as “Arab Spring” and the challenges facing societies in their efforts to reckon with legacies of dictatorships and recent violence. He describes ICTJ’s efforts to address the impact of violence on women and promote their participation in transitional justice initiatives. The interview provides a thorough overview of ongoing initiatives and future prospects in Tunisia, Libya, Egypt, Syria, Yemen, Lebanon and Israel and Occupied Palestinian Territory.

09/05/12
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...

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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

International Organizations Applaud Start of Closing Arguments in Guatemalan Genocide Trial, Contest Use of Delaying Tactics to Defer Justice

Nine international human rights and legal groups have welcomed the resumption of the Guatemalan trial of Efraín Ríos Montt, the former military dictator, for genocide and crimes against humanity. The trial has taken another step towards its conclusion with the hearing of final arguments from the prosecution and victims’ representatives today and yesterday.

05/09/13
In Focus

ICTJ: Conviction of Ríos Montt on Genocide a Victory for Justice in Guatemala, and Everywhere

The International Center for Transitional Justice (ICTJ) welcomes today’s verdict in Guatemala by the High Risk Court in the trial of former military dictator José Efrain Ríos Montt. The 86-year-old ex-general was convicted of genocide and crimes against humanity against the indigenous Mayan Ixil population during Guatemala’s Civil War. He was sentenced to a total of 80 years in prison. José Mauricio Rodríguez Sánchez, the co-accused, who headed military intelligence under Ríos Montt, was found innocent.

05/10/13
Press Releases

Lawyers for Guatemala’s Ixil Community Take Justice Demands to Inter-American Commission

Guatemalan lawyers for victims in the case against former dictator Efraín Ríos Mont filed a petition before the Inter-American Commission on Human Rights to condemn the state of Guatemala for the impunity for crimes of genocide and crimes against humanity committed against the Ixil people.

12/02/13
In Focus

ICTJ to Take Part in Eighth Al Jazeera Forum: “Change in the Arab World: Where To?”

ICTJ President David Tolbert will be a featured speaker at this year’s Al Jazeera Forum in Doha, Qatar. Al Jazeera Forum is the flagship event of Al Jazeera Media Network, at which Al Jazeera showcases its contribution to the world of media and politics.

05/21/14
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

Carlos Dada: Guatemalan Victories over Impunity Have Inspired People across Central America

The resignation and indictment of President Otto Pérez Molina for corruption was a significant victory over impunity in Guatemala. In an interview with journalist Carlos Dada, we discussed how recent developments in Guatemala could impact other countries in Central America, such as Honduras and El Salvador.

09/22/15
In Focus

International Organizations Applaud the Initiation of the First Trial for Sexual Slavery and Violence During the Armed Conflict in Guatemala: The Sepur Zarco Case

Today the trial begins in the “Sepur Zarco” case of acts of sexual violence and domestic and sexual slavery committed from 1982 to 1986 by members of the Guatemalan army against Maya Q’eqchi’ women and the forced disappearance of several men. This will be the first time in the world that a national court has tried a case of wartime sexual slavery case.

02/01/16
Press Releases