Resource Library

New York, December 10, 2021—In contexts such as Afghanistan, Bosnia, Chechnya, Iraq, Somalia, and Syria, hundreds, sometimes thousands, of individuals have crossed national borders to engage in violent conflicts in which serious human rights violations and mass atrocities have been committed...

The role of police in society is to protect residents and enforce the rule of law. As a public institution, and particularly one whose function includes the state-sanctioned use of force, the effectiveness of the police depends on its integrity and legitimacy. When the police abuses its power, by brutalizing civilians and or engaging in corruption, it loses its credibility and the public’s trust. In Kenya, enforcement of measures to halt the spread of COVID-19 have been accompanied by acts of police brutality, of the kind that Kenyans have been through multiple times before.

Sparing almost no corner of the world from its wrath, the COVID-19 pandemic has now spread to every country. In an effort to slow the contagion, governments in most countries have been taking drastic measures requiring all residents other than essential workers to confine themselves in their homes, and shutting down vast sectors of their economies. The impact has been crushing. COVID-19 has profoundly affected every country where ICTJ currently works: Armenia, Colombia, Cote d’Ivoire, Ethiopia, Gambia, Kenya, Lebanon, Libya, Sudan, Syria, Tunisia, and Uganda. We recently caught up with ICTJ’s heads of country programs to learn more about the impact the pandemic is having on transitional justice and society more broadly.

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.

On April 11, 2019, Jaqy Mutere, cofounder and coleader of Grace Agenda, accepted an award from Physicians for Human Rights recognizing the work of the Survivors of Sexual Violence in Kenya Network and Grace Agenda, a leader in this movement. Jaqy cofounded Grace Agenda after she began working with women who, like her, had experienced sexual violence during the protests that erupted in Kenya after the contested December 2007 elections.

On February 14, Kenyans once again confronted their painful relationship with law enforcement and revisited the deep mistrust born of historical abuses. In an unprecedented ruling, a court found five senior police officers potentially culpable in gruesome murder during the police response to the 2017 post-election protests. On the same day, a senior police officer was convicted of murder and jailed for life.

Many countries have endured a violent past or a dictatorship that left behind a trail of human rights violations. During transitions to peaceful societies or democracies, there is a need to address that painful past to ensure that the violations do not recur in future. While some countries have made or are making laudable efforts to deal with the atrocities of the past, others like Kenya are regrettably still at the phase of wishing the painful past away.

Kenyan media house Africa Uncensored has teamed up with the International Center for Transitional Justice (ICTJ) on a documentary that explores the Bulla Karatasi massacre that took place in the northern region of Garissa, Kenya, and its impact on communities in the North. The documentary will advance ICTJ’s efforts to partner with civil society on community-state dialogue initiatives, engage stakeholders around political and constitutional reforms stemming from the TJRC’s recommendations, and achieve redress for the legacy of state violence in Garissa and other communities in Northern Kenya.

From October 1 to October 5, 2018, ICTJ hosted its eleventh intensive course on transitional justice in collaboration with the International Peace Center for in Barcelona. Participants included leaders in their respective fields, including human rights law, community justice and legal services, peacebuilding, education, and humanitarian affairs.

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.

In 1986, Wachira Waheire was whisked off the street, taken to Kenya's most infamous torture chamber, and sentenced to four years in prison. Over the next 30 years, his quest for justice led him to meetings with his torturers to courtroom showdowns with the country's Attorney General. Discover his ongoing struggle for truth, acknowledgement, and reparations alongside all survivors of abuse in Kenya.

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.

The right to the truth carries special resonance in Kenya, and so on March 24th Kenyan state agencies, survivors, civil society organizations, and international partners will join together in Nairobi to observe the International Day for the Right to the Truth. It provides an opportunity not just for remembrance, but also for greater dialogue between the government and victims about the implementation of reparations programs and of the findings presented in the Truth, Justice and Reconciliation Commission's final report.

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.

As ICTJ looks back on its 15 years of work, join us in celebrating our allies across the globe who join us in the struggle for human rights, against impunity. To honor their efforts in the trenches of this shared struggle, we will bring you their stories in the weeks and months to come. We begin with Kenya's Jaqy Mutere, who provides both an empathetic ear and a political voice to survivors of sexual violence.

Think you're an expert on how national courts and the ICC work together? Put your knowledge to the test!

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.

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.

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.

In this editorial, Christopher Gitari argues that as the ICC case against Ruto and Sang comes to a halt, our focus must shift to other forms of justice in Kenya - including reparations for victims.

The International Center for Transitional Justice (ICTJ) condemns in the strongest terms the Egyptian government’s crackdown against human rights activists and calls on it to halt its ongoing investigation of independent human rights organizations in relation to the legitimate exercise of their activities and to close Case No. 173 (the “NGO foreign funding” case) once and for all.

After years of waiting for the government to take action by implementing the recommendations of Kenya’s Truth, Justice, and Reconciliation Commission, victims of past human rights violations and mass violence are demanding that something be done.

After toppling Hosni Mubarak’s dictatorship in February 2011, Egyptians were eager for a reckoning with past injustices. But after years of political turmoil, the possibility of a genuine transitional justice process in Egypt is uncertain. We turned to three leading Egyptian activists to examine if there really is a chance for justice and reform in Egypt in the near future.

In this op-ed, ICTJ's President David Tolbert urges President Uhuru Kenyatta and Kenyan institutions to take concrete actions without further delay to provide reparations for victims, tackle the struggling police vetting reform, and prosecute the serious crimes that were committed during the post-election violence.

As Kenya moves closer to a climate where comprehensive reparations for victims of post-election violence are possible, ICTJ is supporting women victims of sexual violence to ensure that their needs are reflected in any program of restitution.

In this op/ed, the head of ICTJ's Kenya Program, Christopher Gitari, argues that President Kenyatta's recent apology to victims—though commendable—must be supported by solid reforms and initiatives for rebuilding the lives of those who have suffered the most.

70-94% of the victims of enforced disappearances are men. But what happens to the women left behind? ICTJ's Amrita Kapur explains why women are uniquely impacted by the crime, and how transitional justice can help.

ICTJ joins the global observations of the International Day for the Elimination of Violence Against Women, and the start of the “16 Days of Activism against Gender-Based Violence Campaign.” On this day, we recognize the ongoing efforts to protect women from violence in different parts of the world.

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.

Kenya continues to deal with the repercussions of violence stemming from its disputed 2007 presidential elections, when political protests and targeted ethnic violence rocked the country, leaving thousands dead and hundreds of thousands displaced. Head of our Kenya office Chris Gitari gives an update on how Kenya is moving forward, and explains ICTJ's work in the country.

A new study from the International Center for Transitional Justice (ICTJ) shows that the Kenyan government has not effectively addressed the harms suffered by victims of sexual crimes committed during the violence that followed Kenya's disputed 2007 elections or ensured the accountability of perpetrators.

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.

ICTJ has expressed deep concern over the criminal proceedings that resulted in the imposition of death sentences on 529 supporters of former President Mohamed Morsi in Egypt on Monday. The verdict, announced by a criminal court in Minya, came after a trial that lasted less than an hour, according to news reports.

To mark International Women’s Day, we invite you to read about four countries at the top of our gender justice priorities in the coming year, each with its own history, context, and complex sets of challenges.

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.

In a legal brief submitted yesterday to Kenya’s High Court, the International Center for Transitional Justice (ICTJ) warns that striking down parts of the final report of the Truth, Justice and Reconciliation Commission of Kenya (TJRC) would amount to censorship and obstruct the right of victims to an effective remedy for past violations.

Reparations seek to recognize and address the harms suffered by victims of systematic human rights violations. ICTJ’s Reparative Justice program provides knowledge and comparative experience on reparations to victims' groups, civil society and policymakers worldwide. In this edition of the ICTJ Program Report, we look at ICTJ's work on reparations in dynamic transitional contexts such as Nepal, Colombia, Peru, DRC, and Uganda.

ICTJ released a briefing paper today examining current opportunities for prosecuting serious crimes within Kenya’s national judicial system, including crimes committed during the postelection violence of late 2007 and early 2008 (PEV), which claimed 1,113 lives and displaced an estimated 660,000 people. Titled “Prosecuting International and Other Serious Crimes in Kenya,” the paper looks at legal and institutional reforms that may be needed at the national level to effectively investigate and prosecute the worst crimes of the PEV period, including murder, serious assault, and rape.

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.

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.

The International Center for Transitional Justice strongly welcomes the decision of the UK High Court ordering the British government to pay damages to a group of Kenyans who were imprisoned and tortured by colonial authorities following the Mau Mau Rebellion of the 1950s.

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.

Following post-election violence in 2007–2008, Kenya faced a need to hold accountable those most responsible for the fighting that resulted in more than 1,000 deaths and widespread property destruction and displacement. But national judicial mechanisms proved reticent to do so, and in 2010, the situation was adopted by the ICC, who in January of 2012 announced indictments against four suspects.

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.

Last week's decision by the International Criminal Court (ICC) in The Hague confirming four Kenyans must answer to charges of crimes against humanity does not excuse their government from responsibility to pursue justice at home, writes ICTJ vice president Paul Seils.

The decision of the International Criminal Court (ICC) confirming charges of crimes against humanity against William Ruto, Joshua Sang, Francis Muthaura, and Uhuru Kenyatta, and declining to confirm charges against Henry Kosgey and Mohammed Ali is a reminder that the vast majority of victims have still not seen justice done, the International Center for Transitional Justice (ICTJ) said.

Ambassador Bethuel Kiplagat’s recent attempt to return to the Truth, Justice and Reconciliation Commission (TJRC)—pending resolution of serious allegations implicating him in acts connected to human rights violations and corruption—threatens the viability and credibility of the TJRC process, ICTJ said.

During a thematic hearing December 13–14, Kenya's Truth, Justice and Reconciliation Commission (TJRC) heard testimonies from children on their own experiences as part of the commission's investigation into gross human rights violations and historical injustices in the country between 1963 and 2008.

This year’s Annual Emilio Mignone Lecture on Transitional Justice, coordinated by ICTJ and the Center for Human Rights and Global Justice at the NYU School of Law, focused on the intersection between transitional justice and international development.

As ICTJ celebrates ten years of existence and contribution to the development of the field of transitional justice, we are poised for a future of continued engagement with partners and communities seeking to overcome legacies of mass violence and repression. Ten years on, we now work in a world increasingly aware of the of the costs of failing to systematically transition from conflict and human rights abuse to the rule of law and equal rights for all citizens, and on the other hand, of the increasing complexity of doing so.