Resource Library

ICTJ’s briefing paper “Building Trust and Strengthening the Rule of Law” examines how an ad hoc vetting mechanism for officers in senior command positions could help consolidate democracy in Nepal. Author Alexander Mayer-Rieckh says that as Nepal abandons its commitments to pursue acc...

At a time when truth-seeking and reparations initiatives are taking hold across the United States, this report offers reflections from various civil society-led truth-seeking processes. Drawing on case studies from the United States, Colombia, Scotland, and West Papua, the report iden...

ICTJ provides constructive comments on the draft Internal Rules for the Extraordinary Chambers in the Courts of Cambodia (ECCC). While the draft Internal Rules provide greater procedural clarity for the ECCC proceedings, ICTJ lists several concerns in five areas that must be focused o...

This report aims to help practitioners in the transitional justice field to understand the experience of establishing and operating hybrid courts and to address some common assumptions about these entities. To do so, it looks at hybrid or mixed courts in practice, drawing on experienc...

During the 1970s, political violence in Argentina resulted in massive violations of human rights including thousands of deaths, prolonged and arbitrary arrests, disappearances, unfair trials, pervasive torture, in addition to cruel, inhuman, and degrading treatment. Since the restorat...

This report examines the contribution of transitional justice to prevention in the Philippines, as well as the limits of this contribution due to the failure to comprehensively address and learn from the past and undertake structural changes. While reparations, truth telling, and inst...

This study explores specialized units established in 23 countries to investigate and prosecute serious international crimes. Notwithstanding the challenges faced by these units, the study concludes that countries with a specialized institutional approach are considerably more successf...

Where should justice for some of the world’s worst crimes be done? In national courts or at the International Criminal Court in The Hague? Our Handbook on Complementarity explores those questions, laying out the interconnected relationship between the ICC and national court systems in...

These are especially challenging times for those of us who work to assist societies in dealing with a legacy of atrocities and massive human rights violations. Violent armed conflicts have increased in number, duration, and ferocity around the globe. Immense displacement and waves of ...

In August 2006 the Security Council created the UN Serious Crimes Investigation Team, as an extension of the previous investigation under the UN Integrated Mission Timor-Leste.

The military rulers of Burma (also known as Myanmar) convened a National Convention to draft a new constitution. After many delays, the convention completed the draft on September 3, 2007. An analysis of the constitution’s provisions suggests that instead of being a true catalyst for ...

Indonesia has initiated transitional justice mechanisms to address human rights abuses that occurred during and after the New Order regime, but insufficient political will has rendered these efforts inadequate in achieving justice and reconciliation for victims.

This report focuses on 12 trials that took place before the Indonesian Ad Hoc Human Rights Court between March 2002 and August 2003. It analyzes the prosecution efforts and quality of the judgments, and assesses the political and institutional context in which these trials took place....

This paper considers the UN-sponsored regime established to respond to the crimes committed in East Timor during the Indonesian occupation between 1975 and 1999. The story of the quest for justice in East Timor perhaps can be summed up as one involving good intentions that were not ba...

What hope is there for justice for victims of atrocities in profoundly fractured societies, where systems of government have broken down and social and political divisions run deep? What is the role of transitional justice in forging peace in countries like Colombia, after decades of ...

This report presents the main findings of a multiyear research project conducted by the International Center for Transitional Justice on the challenges and opportunities of responding to serious and massive human rights violations in different contexts. The project commissioned 21 stu...

Because transitional justice processes are complex, politically contested, and not necessarily linear, they present unique theoretical and practical challenges for measuring their results. This report seeks to improve monitoring and evaluation practices and support evidence-based proc...

This report asserts that dealing with past abuses in Myanmar is essential to achieving genuine progress on peacebuilding and economic development in the country. Conflict and high levels of political repression have racked Myanmar for more than half a century. Both President Thein Sei...

This report aims to help local governments, victims’ groups, and other stakeholders in Nepal to understand the scope of and potential inherent in local governmental powers and to identify what local governments can do to design and implement initiatives that support victims of conflic...

This briefing paper calls on the soon-to-be-established NLD-led Burmese government to seriously consider taking steps to deal with Myanmar’s troubled past as a way to help end the cycle of violence and human rights violations in the conflict-torn country.

This document presents a non‐exhaustive summary of some of the topics discussed at a workshop on outreach organized by the ICTJ in collaboration with the ECCC from March 3-5, 2010. It first provides a general overview of the ECCC functions and outreach activities. Thereafter, it highl...

This paper is meant to help the Extraordinary Chambers in the Courts of Cambodia (ECCC), the civil parties before the court and other Khmer Rouge period survivors and their families deal with practical and legal issues in the course of fulfilling the reparations mandate of the ECCC. ...

Overview of the proceedings of the ECCC, the hybrid tribunal created in 2006 to try senior leaders of the Khmer Rouge and those "most responsible" for the crimes that took place. The court has five suspects in custody and has almost completed its first trial which began in March of 20...

In September 1985, ninemembers of Argentina’smilitary junta, whose successive regimes covered the period in Argentine history known as the “dirty war,” walked into a courtroom in downtown Buenos Aires.

This paper analyzes the Maubuti case in Timor-Leste, the third serious crimes case to be brought to trial after the closure of the UN-supported Serious Crimes Unit in 2005. Maubuti was indicted for crimes against humanity including murder, attempted murder, and rape. The decision and ...

The ICTJ continues to support human rights victims in Nepal in their pursuit of justice, truth, reparations, and institutional reform. This briefing paper presents a summary of findings and recommendations from workshops that ICTJ conducted with women victims, as well as meetings it h...

What does the obligation to provide reparations mean when serious human rights violations are at issue? This report explores the evolving interpretation of the right to reparation in international law and jurisprudence and how domestic courts have provided judicial reparations at the ...

Political choices made early on in the state-building process have contributed to the current governance and rule of law deficit in Afghanistan. European actions have been marked by a lack of coordination between political and development assistance as well as diverse – and sometimes ...

A wide array of international donors are working with Timor-Leste to help support reform in the security sector. While many of these programmes have had a positive impact, donor-driven security reform agendas have been under-coordinated. Fortunately, this is beginning to change, as ...

ICTJ is more than two decades old. At the time it was established, many of those who contributed to transitions in Argentina, Chile, Guatemala, South Africa, and the former Yugoslavia saw the value of a specialized organization that could draw from diverse national experiences to prov...

Providing the Minister for Social Solidarity with the unfettered discretion to dismiss and appoint members of the institute’s Governing Board renders the institute vulnerable to politicization and undermines the institute’s ‘technical, administrative and financial autonomy.

This joint report by ICTJ and the Institute for Human Rights Study and Advocacy (ELSHAM-Papua) provides important insight into the ongoing debate on steps required to achieve a sustainable peace in Papua. The report reviews Papua's recent history within a transitional justice framewor...

This paper analyzes the serious crimes process the UN established in Timor-Leste to try serious violations of human rights perpetrated in 1999. The main difficulty facing this process is that the vast majority of suspects are in Indonesia, and the Timorese government has not been able...

This research report offers guidance on the application of a restorative justice framework in contexts of massive human rights violations, including its advantages and challenges. Based on the experiences of Colombia, Sierra Leone, Tunisia, and the Philippines, the study examines how ...

In collaboration with the Brookings-LSE Project on Internal Displacement, ICTJ’s Research Unit examined how transitional justice can be used to address the range of injustices associated with displacement and thereby serve as part of a comprehensive approach to the resolution of displ...

This report summarizes the findings of an ICTJ research project on the contribution of transitional justice to prevention. Drawing from five country case studies, it contends that addressing the past can help to prevent the recurrence not only of human rights violations but also viole...

This study explores a transitional justice approach to the dilemma of foreign fighters in violent conflict. Such an approach can help center human rights in comprehensive responses to foreign fighters, and shift the current focus from security and punishment to justice and long-term p...

In the lead up to Afghanistan's second cycle of elections in 2009 and 2010, this report aims to analyze the legal and operational framework for vetting candidates in the upcoming elections; describe and assess the challenges to the vetting process in the previous elections; map out po...