Resource Library

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.

The Gambian Truth, Reconciliation, and Reparations Commission (TRRC) started its operations in January 2019 with the public hearings of witnesses, victims, and perpetrators. It has already succeeded in having high-profile perpetrators testify publicly on their role in violations concerning several victims. But the question is, who should be at the center of truth telling?

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.

On January 15, 2019, victims of the 2010-2011 post-election violence in Côte d'Ivoire were shocked, yet again, to learn that the Trial Chamber I of the International Criminal Court in The Hague had acquitted former President Laurent Gbagbo and the former Youth Minister Charles Blé Goudé of crimes against humanity allegedly committed during the crisis.

In little less than 10 months, Colombia has witnessed the creation of a completely new jurisdiction, the Special Jurisdiction for Peace (JEP). JEP has already opened two cases and three situations in its Chamber for the Acknowledgment of Truth and Responsibility.

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.

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.

During a forum held in Bogotá, Colombia, on November 1, 2018, ICTJ launched the Spanish-language version of its Handbook on Complementarity: An Introduction to the Role of National Courts and the ICC in Prosecuting International Crimes. The Deputy Prosecutor of the International Criminal Court (ICC), James Kirkpatrick Stewart, gave the keynote address.

On September 18, the trial of Dominic Ongwen resumed at the ICC. Ongwen is on trial for 70 counts of war crimes and crimes against humanity – including various forms of sexual violence and the recruitment of child soldiers – committed in the former IDP camps of Lukodi, Odek, Abok, and Pajule during the 20-year insurgency in Northern Uganda. Ongwen is the first former child soldier who is facing trial at the ICC for crimes in which he was also a victim.

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.

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.

Bring General Rios Montt and other high ranking members of the military to trial in the Guatemalan courts for genocide? In 1999 it was a noble dream for justice, but one with little apparent possibility of ever coming true. On International Justice Day, walk the long path to justice that led to this historic trial.

Chile has shown slow but steady progress on ​criminal justice​​. Two recent court decisions convicted a total of 139 ​state ​agents for their roles in the enforced disappearances of 21 Chileans. The rulings – one handed down by the Supreme Court, the other by a first instance judge – highlight the growing momentum towards obtaining justice for victims of the 1973-1990 dictatorship​.​

In the Netherlands, a court sentenced an arms dealer to 19 years in prison for his role in war crimes in Liberia. What does his case tell us about pursuing justice for economic crimes in Liberia and beyond?

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.

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."

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.

Join President David Tolbert as we celebrate ICTJ at 15 years, during which there have been many pivotal moments, both for our organization and the struggle for justice globally.

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.

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.

UN operations are due to end in Côte d’Ivoire next June, but the country must pursue a victim-centered approach to justice even after UNOCI leaves. An ICTJ-organized conference works to prepare government, civil society, and the diplomatic community for the UN departure and chart a way towards justice and a stable peace for all of Côte d’Ivoire.

Complementarity is an essential tool in the fight against impunity - by working together, national courts and the ICC can seek justice for the worst crimes. But how is the fight against impunity playing out in Côte d’Ivoire? And how exactly can the Ivorian judiciary and the ICC ensure justice in CDI? A new review of our Handbook on Complementarity examines those questions and assesses how the Handbook can be used in his country.

Prosecution efforts so far have exacerbated, rather than alleviated, ethnic and regional divisions. Credible prosecutions against those most responsible on all sides of the conflict would offer a clear statement to all citizens of Côte d’Ivoire that the justice system is blind to ethnicity and is there to serve and protect all its citizens.

Colonel Muntazini serves as the focal point for cooperation between the ICC and the military justice system of the DRC, making him ideally placed to explain the practical implications of complementarity. Read his review of our Handbook on Complementarity and discover how it applies to his country and his work.

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.