104 results

In early May, the African National Congress (ANC) held on to power in South Africa’s general election. However, there is a widespread feeling that the party that oversaw the creation of the groundbreaking Truth and Reconciliation Commission has walked away from its obligations to the South African people.

Invoking the principle of universal jurisdiction opens the door to the possibility of some accountability in circumstances where justice is not possible in countries where the crimes took place. This study considers the challenges facing the exercise of universal jurisdiction and asse...

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.

This report examines the effectiveness of war crimes prosecutions in Serbia. While the War Crimes Chamber (WCC) and the Office of the War Crimes Prosecutor (OWCP) have had some success, significant concerns exist - such as opposition from ethnic nationalists. Despite shortcomings, the...

A three-judge panel of Peru’s Supreme Court will announce a verdict before the end of this year in the trial of Alberto Fujimori, Peru’s president from 1990-2000, on charges of murder and kidnapping. Prosecutors hold him responsible for the deaths of 25 people at the hands of a death ...

This study examines the preventive effect of transitional justice in Peru in the aftermath of internal conflict and authoritarianism, focusing on the violence’s root causes and the differentiated impact on victims and affected communities. It contends that while transitional justice h...

The United Nations has proclaimed December 10 as International Human Rights Day. The date commemorates the signing of the Universal Declaration of Human Rights in 1948, which represented the reaction of the international community to the horrors of the Second World War. Today is a day for reflection more than celebration. A cursory scan of events from the last few weeks has thrown up examples that demonstrate that the belief in human rights for all - in treating all states the same - is more of a tissue-thin membrane than a robust bulwark.

JAKARTA, Nov. 15, 2011—Experts and stakeholders from Cambodia, the Philippines, Bangladesh, Indonesia, Burma, Timor-Leste, Thailand, and Nepal, along with international experts are gathering in Jakarta’s Hotel Atlet from November 15–16 to discuss the need for progress on prosecuting serious crimes in Asia.

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.

The trial of Ratko Mladic for genocide, crimes against humanity, and multiple war crimes committed during the war in Bosnia and Herzegovina, began yesterday. But these charges have done little to damage the hero status he enjoys today among the majority of Serbs, writes Refik Hodzic. Unless this legacy is addressed in the communities of Srebrenica and the rest of Bosnia, the outcome of his trial may prove to be merely symbolic, if that.

Building a constitutional state and pursuing social change is best approached by looking at prior successes. Here is a comparison between the Kenyan and South African constitutions and an outline of how constitutional litigation unfolded in South Africa.

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...

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 resignation and indictment of President Otto Pérez Molina for corruption was a significant victory over impunity in Guatemala. In an interview with journalist Carlos Dada, we discussed how recent developments in Guatemala could impact other countries in Central America, such as Honduras and El Salvador.

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...

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.

This paper is concerned with the relationship between criminal justice and displacement that has taken place as a result of serious violations of international humanitarian law, and considers these issues within the context of justice efforts in the former Yugoslavia. It argues that i...

It may seem trivial for me to write about why those who continue to mark July 17 as "International Justice Day" should finally stop calling it that. Many human rights groups (including ICTJ), United Nations agencies, and governments have been publicly using that phrase since 2010. It is for victims of massive and systematic human rights violations, including abuses that amount to international crimes under the Rome Statute, that it is important to end the misconception that the phrase encourages.

As attested by the arrest on January 3, 2013 in the United Kingdom of Kumar Lama, a Nepali Army Colonel suspected of torture, the government of Nepal’s failure to pursue truth and accountability for conflict-era violations can have serious consequences. Rather than resisting UK efforts to implement its obligations under international law, the Nepali government should develop a full transitional justice programme and redouble its efforts to provide truth, justice and reparations inside the country.

The first piece in of our "Transitional Justice and Education" series examines the role of school systems in Bosnia and Northern Ireland.

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.

Thembi Nkadimeng, the sister of disappeared anti-apartheid activist Nokuthula Simelane today filed an application before the Pretoria High Court compelling the National Director of Public Prosecutions and the Minister of Justice to refer the kidnapping, torture, disappearance and murder of Nokuthula Simelane to a formal inquest. This case is aimed at bringing closure to the 32 year old abduction, torture and enforced disappearance of Nokuthula Simelane.

Victims in Nepal have been calling on the government for public consultation to ensure wider discussion, a process that would allow them to share their expectations, help them to comprehend the dense language of the proposed amendments and its many gaps. They needed to understand the dubious phrasing especially on issues of criminal accountability that created suspicion, instead of trust and legitimacy in the process.

More than 20 years after the end of the Yugoslav Wars of the 1990s, Kosovo is still contending with unresolved ethnic tensions. Formerly an autonomous region of Serbia within the former Yugoslavia, Kosovo declared independence in 2008. Ethnic tensions were a root cause of the violent conflicts, during which an estimated 140,000 died and numerous atrocities were committed. ICTJ recently sat down with ICTJ's Anna Myriam Roccatello and Kelli Muddell to learn more about ICTJ's work and the present challenges to truth and justice in the country.

Forced disappearance is a crime against humanity. The decisions made by politicians and officials authorizing such practices in different countries cannot be justified legally or morally. They must be held to account and be shown for what they are: enemies of a civilized society.

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...

several judges dressed in black gowns sit on a judicial bench.

The arrest of Ratko Mladic reignited debates on a wide spectrum of related issues, from its implications on the prospects for true reckoning with the past in the countries of the former Yugoslavia to the possible jolt it will give to Serbia’s hopes of joining the European Union. Beyond the immediate impact on the region, the strongest reverberations of Mladic’s transfer to the International Criminal Tribunal for the former Yugoslavia (ICTY) will be felt in the discourse on international justice.

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

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.

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.

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.

On Thursday, January 26, retired Guatemalan general Efraín Ríos Montt will stand before a judge in a Guatemalan court to hear the charges brought against him for genocide and crimes against humanity. ICTJ commends Guatemala for taking these important first steps to bring justice to bear after decades of impunity.

The last few decades have seen a revolution in the global struggle against impunity, but the decision to put General Efraín Ríos Montt on trial for crimes against humanity and genocide in Guatemala ranks among the most astonishing developments. Belatedly, but valiantly, a new breed of prosecutors, led by Attorney General Claudia Paz, have finally allowed his victims' pleas for justice to be heard.

The search for justice in Guatemala continues, more than 15 years after the end of its long and brutal civil war. Claudia Paz, Guatemala’s prosecutor general and head of the Public Prosecutor’s Office, spoke with ICTJ about the struggle of victims and survivors to obtain justice for the crimes they suffered.

Understanding education as a form of both reconstruction and reparations is essential for societies in their efforts to address victims’ rights and help victims and their families overcome the consequences of a painful past.

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...

The International Center for Transitional Justice (ICTJ) welcomes today’s verdict in Guatemala by the High Risk Court in the trial of former military dictator José Efrain Ríos Montt. The 86-year-old ex-general was convicted of genocide and crimes against humanity against the indigenous Mayan Ixil population during Guatemala’s Civil War. He was sentenced to a total of 80 years in prison. José Mauricio Rodríguez Sánchez, the co-accused, who headed military intelligence under Ríos Montt, was found innocent.

The International Center for Transitional Justice (ICTJ) decries the announcement that the country will seek to withdraw from the Rome Statute, the treaty that created the International Criminal Court and an international framework for fighting impunity for egregious crimes.

ICTJ deplores the resolution of the African National Congress, at its National General Council meeting on Sunday, to withdraw South Africa from the International Criminal Court and lead an Africa-wide walkout from the court.

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.

Granito: How to Nail a Dictator, a recent documentary from Skylight Pictures, shows the international effort that has worked tirelessly to bring Montt to account for his crimes. ICTJ is pleased to announce that Granito will be aired on Thursday, June 28 at 10pm on the PBS series P.O.V.

During Nepal's armed conflict, more than 13,000 people were killed and 1,300 forcibly disappeared. Today, a new government has voted to create a Truth and Reconciliation Commission, as well as a Commission of Inquiry on the Disappearance of Persons. Many victims have protested the flaws in the proposals; meanwhile, no comprehensive reparations have been provided for those left most vulnerable by conflict. In this interview with ICTJ's Santosh Sigdel, we discuss developments related to ICTJ's work in Nepal.

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 actions of the South African government, in allowing Bashir to depart, have dealt a grave blow to the rights of victims of atrocities in Darfur and to the prospects of establishing a credible system of international criminal justice through the ICC.

View the live broadcast of tonight's panel discussion with Richard Goldstone, David Tolbert, Hassan Jallow and Diane Orentlicher from 6:30pm–8:30pm.

ICTJ and the Center for Global Affairs of New York University (NYU) co-hosted a panel discussion on the impact of international ad hoc tribunals in the former Yugoslavia and Rwanda, and the possible lessons these courts’ experiences hold for the International Criminal Court (ICC). In a discussion...

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.

Today the trial begins in the “Sepur Zarco” case of acts of sexual violence and domestic and sexual slavery committed from 1982 to 1986 by members of the Guatemalan army against Maya Q’eqchi’ women and the forced disappearance of several men. This will be the first time in the world that a national court has tried a case of wartime sexual slavery case.

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.

The international organizations who have signed this statement are appalled at the illegal raid which occurred on August 15, 2016 at the residence of Guatemalan lawyer and human rights defender Ramón Cadena, Central America Director of the International Commission of Jurists.