101 results

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

The world has turned its eyes to Guatemala, where the trial of retired generals Efraín Ríos Montt and José Mauricio Rodríguez Sánchez is drawing to a dramatic close. With a verdict expected soon, ICTJ spoke with Francisco Soto, executive director of the Center for Legal Action on Human Rights in Guatemala (CALDH). In this Q&A, Mr. Soto describes how civil society in Guatemala has been a crucial force in the long struggle for justice, and reflects on the historic significance of this trial, for both Guatemala and the world.

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...

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.

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.

ICTJ is launching a new multimedia page featuring projects that highlight the human perspective of issues in transitional justice and seek to engage a wide variety of audiences in a discussion on accountability for massive human rights abuses. Here's why we think multimedia can play a key role in deepening public understanding of transitional justice, and convey the guiding principles of ICTJ.

For more than 20 years, the Amnesty Law has hindered El Salvador from pursuing accountability for perpetrators of serious crimes committed against civilians during the civil war fought between the government and leftist insurgents in the 1980's. However, this may change in very near future. On September 20, the Constitutional Court admitted a petition claiming that the Amnesty Law passed in March 1993 –which shielded perpetrators of serious crimes committed during the 12-year civil war– is unconstitutional.

Next week, the Colombian courts will issue the first partial verdict in the Justice and Peace case against the paramilitary leader Hebert Veloza García, alias “HH,” one of the most significant cases of the Justice and Peace process. Ahead of the HH partial verdict on October 30th, ICTJ is launching a comprehensive timeline on transitional justice measures implemented in Colombia since 2005 that recognize victims' rights to truth, justice, reparations, and the guarantee of non-recurrence.

The first verdict in the Justice and Peace process case against paramilitary commander Hebert Veloza Garcia, alias “H.H.”, will be announced on October 30, and will be a landmark in Colombia's compliance with its obligation to investigate, prosecute, and sanction those who have committed international crimes and serious human rights violations in the country.

The Justice and Peace Chamber ruling in the hearing to verify the legality of the charges against Hebert Veloza Garcia contained information on the context in which these occurred. According to the Tribunal, it thus seeks to “contribute elements that underpin the analysis of the modus operandi, the patterns, if any, and the dynamics in which the criminal structure under the command of Hebert Veloza Garcia, alias “H.H.” was organized, as well as to “establish the judicial truth with respect to the criminal actions of the paramilitary groups in different regions of the country.”

A short biography of Hebert Veloza Garcia aka "H.H."

ICTJ and the Center for Human Rights and Global Justice at NYU School of Law are pleased to announce that Judge Thomas Buergenthal will be the speaker of the 7th Annual Emilio Mignone Lecture on Transitional Justice. Buergenthal is one of the world’s most distinguished jurists, whose name is synonymous with human rights and international justice. The lecture will be held on Thursday, December 12, from 6:00 to 7:30pm, in New York City.

The recent verdict issued by the Justice and Peace Courtroom of the High Tribunal of Bogota on October 30th against Hebert Veloza Garcia, paramilitary commander of the United Self-Defense Forces of Colombia (AUC), sets a valuable precedent for the prosecution of system crimes in Colombia.

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.