71 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

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

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

A Question for Assad to Ponder

As the number of victims of violence against demonstrators in Syria, Yemen, Bahrain and elsewhere in the region rises, a question emerges for the government of Bashar al-Assad of Syria, but also those of Ali Abdullah Saleh of Yemen, Hamad bin Isa al-Khalifah of Bahrain and the vacillating international community: Can impunity for such crimes be permitted in this day and age?

05/03/11
In Focus

Speaking Clearly: The ICC's Challenge in the Middle East and North Africa

The International Criminal Court (ICC) must better communicate what is driving its actions to the public of the Middle East and North Africa (MENA) and elsewhere around the world if it is to develop confidence in its capacity to act as a guardian of international criminal law.

06/09/11
In Focus

Steps to Accountability in Tunisia: Podcast with Habib Nassar

In this week’s podcast Habib Nassar, director of ICTJ’s Middle East and North Africa Program, addresses questions of fairness and credibility of the in-absentia trial of Ben Ali, the relationship between economic and human rights crimes, and the significance of Tunisia's ratification of the Rome Statute. [Download](/sites/default/files/Reed_ICTJ_Podcast_06052011.mp3) | Duration: 7mins | File size: 4MB

06/27/11
Podcasts

From Milosevic to Mubarak: Prosecuting Heads of State, Podcast with Caitlin Reiger

In this podcast, Caitlin Reiger, director of international policy relations at ICTJ, and coeditor of Prosecuting Heads of State, discusses the phenomenon of accountability at the most senior level of government in the context of ongoing trials of Mubarak and Ben Ali and the calls to bring to justice current and former heads of state accused of human rights abuses. [Download](/sites/default/files/Masic_ICTJ_Podcast_07312011.mp3) | Duration: 7:27mins | File size: 4.56MB

08/17/11
Podcasts

Justice and Development: Nexus at the Heart of Arab Spring

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.

11/17/11
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

Tunisia Leads the Way in Transitional Justice

The National Conference to Launch a Dialogue on Transitional Justice in Tunisia was held on Saturday, April 14 in Tunis, initiating a process which should result in the adoption of a comprehensive law on transitional justice by the country’s National Constituent Assembly. ICTJ president David Tolbert delivered a keynote address.

04/16/12
In Focus

Breaking the Ground on Peace and Stability: Transitional Justice and the Rule of Law

Transitional justice, at the core of its mission, strives to “break the ground on a future of peace and stability.” For countries with a violent or repressive past—and this can be said of most—implementing truth-seeking, criminal justice, reparations, and institutional reform measures forms the basis for establishing a culture of justice and respect for the rule of law.

05/15/12
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

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

ICTJ signs cooperation agreement with Tunisian Ministry of Human Rights and Transitional Justice

The International Center for Transitional Justice (ICTJ) signed a cooperation agreement with the Tunisian government on January 16 to provide further technical assistance in establishing transitional justice mechanisms in the country. The development comes two years after protests forced President Zine El Abidine Ben Ali to step down and flee the country in January 2011.

01/17/13
In Focus

ICTJ Forum: March 2013

The latest episode of the ICTJ forum features analysis of significant transitional justice news, including breaking developments in Kenya, Tunisia, and Syria. ICTJ Vice President Paul Seils and Truth and Memory program Director Eduardo Gonzalez join Communications Director Refik Hodzic for this expert discussion. [Download](/sites/default/files//ICTJ-Forum-March-2013.mp3) | Duration: 31:42mins | File size: 22,290 KB

03/06/13
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

ICTJ Welcomes Tunisia’s Historic Transitional Justice Law

ICTJ welcomes the historic passage of the Draft Organic Law on the Organization of Transitional Justice Foundations and Area of Competence by the Tunisian National Constituent Assembly (NCA). In a nearly unanimous vote on Sunday, 125 of 126 deputies voted in favor of the law.

12/16/13
Press Releases

Transitional Justice and Women’s Rights: Four Countries to Watch This Year

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.

03/05/14
In Focus

Transition in Tunisia: The Role of the Media

In the span of only one month, Tunisia has witnessed the historic passing of a transitional justice law and adoption of a new constitution. A key actor in the country's transition is the media.

03/27/14
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

ICTJ Program Report: Tunisia

Since the uprising that sparked the "Arab Spring," Tunisians have demonstrated unwavering commitment to transitional justice. In this interview, ICTJ's Head of Office Rim El Gantri gives an overview of the country's efforts to address the truth about the past, seek justice for abuses committed under decades of repression, and provide reparations for harm suffered under the former regime.

06/03/14
In Focus

Tunisia’s Specialized Judicial Chambers: Q&A with Judge Walid Melki

In this interview, Judge Walid Melki explains how Tunisia's Specialized Judicial Chambers will investigate and prosecute serious human rights violations.

09/02/14
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

Tunisia's "Reconciliation Bill" Threatens Gains of the Revolution

In this op-ed, ICTJ's President David Tolbert expresses concern about the new "Reconciliation Bill" proposed by the Tunisian government, which would grant amnesty to corrupt business people and Ben Ali-era officials in the guise of "reconciliation." "Massive corruption and violent human rights violations are mutually reinforcing, and unless this linkage is exposed and broken, it can lead to mutually reinforcing impunity," writes Tolbert.

08/17/15
In Focus

Tunisia in Transition: One Year After the Creation of the Truth and Dignity Commission

This briefing paper details and analyzes the progress made so far in Tunisia to implement its historic Transitional Justice Law, with a particular focus on the Truth and Dignity Commission, created one year ago.

by

Reem El Gantri

Briefing Paper

In the Shadows of the Nobel Prize - Impunity Still a Threat to Tunisia’s Transition

In this op-ed, Rim El Gantri, head of ICTJ's Tunisian office, discusses the challenges facing Tunisia's transitional justice process and argues that the government's failure to provide accountability for crimes committed under past regimes threatens the country's transition to democracy.

10/16/15
In Focus

As Tunisia Confronts Truth About Abuses, ICTJ Gathers Officials to Discuss Criminal Justice

In Tunisia, efforts to seek criminal accountability have been characterized by an absence of strategy and the lack of political will. An ICTJ conference sought to address these issues and ease the confusion and political gridlock surrounding the Specialized Judicial Chambers.

01/19/17
In Focus

Laundering the Corrupt Is a National Priority? Tunisian Civil Society Again Opposes the National Reconciliation Law

This is the third time that the Tunisian government, supported by several Members of Parliament, has put debate of the National Reconciliation Law on the political agenda. Rearranged in form but with the same substantial faults, this law has mobilized the opposition — for the third time — of approximately 20 civil society organizations that met yesterday and plan to soon hold a press conference.

04/25/17
Press Releases

ICTJ Calls Again for Withdrawal of Flawed “Economic Reconciliation” Draft Law in Tunisia

The International Center for Transitional Justice today repeated the call for the withdrawal of the revamped “Economic Reconciliation” Draft Law. As one of the key expert organizations that has supported the transitional process in Tunisia since its inception, ICTJ has opposed the flawed “Economic Reconciliation” Draft Law since it was first presented in 2015, because its provisions undermine key goals of transitional justice: accountability, truth and reform.

05/12/17
Press Releases

To Prevent Enforced Disappearances, Rethink the Justice and Security Equation

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.

08/30/17
In Focus

ICTJ Denounces the Passage of Tunisia’s New ‘Administrative Reconciliation’ Law that Grants Amnesties to Public Officials for Corruption

The International Center for Transitional Justice denounces the passage of Tunisia’s deeply flawed “Administrative Reconciliation” law, which grants amnesty to public officials who were involved in corruption during the dictatorship but who claim they did not personally gain from it.

09/14/17
Press Releases

Legal Frameworks for Specialized Chambers: Comparative Studies for the Tunisian Specialized Criminal Chambers

In some contexts, the global community has resorted to international tribunals to prosecute the most serious past crimes, such as war crimes, crimes against of humanity, and genocide. While these international efforts contributed significantly to international justice, they were resou...

by

Howard Varney and Katarzyna Zduńczyk

Briefing Paper

Transitional Justice in Tunisia: Tension Between the Need for Accountability and Due Process Rights

Pursuing justice in a transitional context may take the form of multiple measures and goes beyond the pursuit of criminal prosecutions. Tunisia’s Basic Law on Transitional Law, adopted in December 2013, is a case in point. Despite its flaws, the the law introduced a fairly comprehensi...

by

Howard Varney and Katarzyna Zduńczyk

Briefing Paper

The Role of Victims in Criminal Proceedings

This briefing paper focuses on the role of victims of human rights violations in criminal proceedings. This paper will provide examples of recent developments in the advancement of victim participation in criminal proceedings in international criminal law and domestic jurisdictions.  ...

by

Howard Varney and Katarzyna Zduńczyk

Briefing Paper

Conference Explores Uncertain Path Forward for Tunisia’s Specialized Criminal Chambers

TUNIS—ICTJ hosted a conference on May 2 and 3 to address the current challenges facing Tunisia’s Specialized Criminal Chambers (SCC) as it proceeds to adjudicate cases of serious human rights violations committed under the former regime. The 90 guests who attended included members of Tunisia’s Truth...

05/10/18
In Focus

Revitalizing Justice: A Cross-Cultural Conversation with Two Youth Activists

ICTJ's Virginie Ladisch spoke with Heythem Guesmi, a young Tunisian activist who is fighting systemic oppression, economic exclusion, and impunity that persist despite the Revolution’s initial success, and Thenjiwe McHarris, a young organizer working with Black Lives Matter in the United States—a movement whose urgency also stems from historic marginalization leading to widespread impunity and systematic failures in law enforcement.

05/14/18

by

Virginie Ladisch

In Focus

Holding a Mirror to Society: Acknowledgment and the Struggle for Indigenous Peoples Rights

Indigenous peoples are still some of the most marginalized and vulnerable communities around the world. In a conflict, they are often some of the most affected as their resource-rich territories are coveted by powerful and violent groups, their identity and loyalty perceived with mistrust, and their...

08/08/18
In Focus

Tunisia's Truth and Dignity Commission Winds Down, ICTJ Experts Reflect on Impact

As the work of Tunisia's Truth and Dignity Commission winds down, ICTJ's Salwa El Gantri and Kelli Muddell discuss some of the challenges and successes of its work and their vision for transparent, participatory processes to advance Tunisia’s transitional justice mandate in the short and long term.

12/20/18
In Focus

An Unfinished Revolution: Tackling Corruption in Tunisia

Tunis—Youth activists from across Tunisia, representatives of state institutions, and experts from international nongovernmental organizations gathered on July 10, 2019, to discuss challenges to pursuing accountability for corruption crimes committed during the Ben Ali dictatorship and practical steps that civil society and government can take to overcome these challenges.

07/25/19

by

Christopher Boland

In Focus

‘The Bird Will Not Return to the Cage:’ An Analysis of Tunisia’s 2019 Elections

Recently, Tunisia held its third parliamentary elections since the revolution and the second presidential elections since late President Béji Caid Essebssi passed away on July 25, 2019. It remains to be seen if the election’s results will usher in a new era of dignity, for which Tunisians took the streets in 2010 and 2011.

10/25/19

by

Salwa El Gantri

In Focus

Rooting Out Corruption in Tunisia: A Youth Leader’s Perspective

Youth activists in Tunisia have played a vital role in keeping corruption at the center of public debate since the country's revolution in 2011. Through decentralized, nationwide protest movements, young Tunisians have been calling for measures that root out systems of endemic corruption. ICTJ sat down with one youth leader to discuss her activism and views on Tunisia's transitional justice process.

02/21/20

by

Christopher Boland

In Focus

Work, Freedom, Dignity: For Young Tunisians, the Revolution Was Not Only About Accountability for Corruption

Building on its work in Tunisia since 2012, ICTJ met with representatives of youth-led civil society organizations and social movements and state institutions involved in pursuing accountability for Ben Ali-era corruption. This paper focuses on the strategies and insights that members...

by

Ruben Carranza and Mohamed Azer Zouari

Briefing Paper

Here We Are Again: Will Racist Violence in the United States Ever End?

It happened again. George Floyd’s name is now added to the tragic list—already far too long—of other people of color whose lives have been cut short as a direct result of the United States’ long history of racism and white supremacy. We at ICTJ are outraged by the cruel and senseless murder of an unarmed Black man by police officers in Minneapolis, Minnesota. As we try to process this horrific act and grieve the tragic loss of another human life, we must also grapple with the hard truth that it is frankly unsurprising that this list of names continues to grow.

06/05/20

by

Fernando Travesí

In Focus

After the Truth Commission, Tunisia Must Pursue Inclusive Transitional Justice

Tunis, July 10, 2020—The Truth and Dignity Commission’s (TDC) final report was at last published on June 24, six year after the TDC began its work. It marks an important milestone in Tunisia’s transition, but the journey ahead to justice and democracy is a long one. Policymakers and practitioners now have the responsibility to take the next step forward.

07/10/20
Press Releases