Resource Library

The appearance of Hosni Mubarak in the opening of his trial this week reassured millions of Egyptians that their revolutionary struggle was not in vain. But the truth about Mubarak’s ability to participate in his trial is still unclear. With the public doubting the court’s seriousness, Mubarak’s appearance could have been a political decision aimed at boosting confidence. If this is the case, the judiciary risks appearing politicized in the eyes of Egyptians.

Some habits die hard. This is especially true of ways of thinking. Despite significant changes in national and international law and practice in the last thirty years—the period that corresponds with the emergence of transitional justice as a field—the recent upheaval in the Middle East and Northern Africa region has provoked proposals that hearken back to a period that we may have thought long gone.

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.

After toppling Hosni Mubarak’s dictatorship in February 2011, Egyptians were eager for a reckoning with past injustices. But after years of political turmoil, the possibility of a genuine transitional justice process in Egypt is uncertain. We turned to three leading Egyptian activists to examine if there really is a chance for justice and reform in Egypt in the near future.

As ICTJ celebrates ten years of existence and contribution to the development of the field of transitional justice, we are poised for a future of continued engagement with partners and communities seeking to overcome legacies of mass violence and repression. Ten years on, we now work in a world increasingly aware of the of the costs of failing to systematically transition from conflict and human rights abuse to the rule of law and equal rights for all citizens, and on the other hand, of the increasing complexity of doing so.

Why pursue transitional justice in the aftermath of massive human rights violations? “The Case for Justice” provides a window into the debate about the relevance of transitional justice in today’s world.

After seven years of waiting for the UN-backed Special Criminal Court (SCC) in the Central African Republic to begin operations, victims of the country’s civil war had hoped to finally see the first tangible step toward justice on April 25 when the first trial opened in the capital Bangui. The trial was initially set to begin on April 19, 2022, but was abruptly postponed when the defense attorneys failed to show up in an apparent boycott over their wages. When the defense lawyers returned to court on April 25, they immediately requested an adjournment, which was granted, and the trial was postponed again until May 16. It is very likely that this incessant postponement will further deflate already diminished confidence among victims in the SCC’s ability to deliver justice.