Resource Library

In the aftermath of armed conflict or repression, communities often struggle to rebuild social relations that have been damaged or destroyed by violence and abuse. Restorative justice can potentially play a valuable role in such societies, bringing together the people who have been harmed by crimes and the individuals responsible for those harms, often in the form of a dialogue, to address the offense and its consequences. A new ICTJ research report offers insight and guidance on the use of a restorative justice framework in responding to massive and grave human rights violations, drawing primarily from experiences in Colombia, Sierra Leone, Tunisia, and the Philippines’ Bangsamoro region.

In 2021, the Central African Republic created the Truth, Justice, Reparation and Reconciliation Commission (CVJRR) to establish the truth, pursue justice, and restore victims’ dignity, with a view to ultimately achieving national reconciliation. In this fragile country, battered by successive episodes of violence, justice, in its broadest sense, has always been and remains a lifelong demand of victims. After a lengthy operationalization phase, the CVJRR is now finally getting ready to start registering and hearing victims’ testimonies. The first step in this process is statement taking, which requires taking several key factors into account to be successful.

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.

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.

In the wake of the mass demonstrations in the United States, activists in European cities similarly took the streets to protest against racism and police violence. In Belgium, mostly young activists have defaced statues of King Leopold II with red paint, insisting public spaces be "decolonized" that commemorate the monarch who personally owned the Congo for more than two decades before relinquishing it to the Belgian government which then controlled it for half a century. Are Belgian and other societies in Europe ready to reckon with the truth of their colonial legacies?

Recent recognition of the work of Nobel Laureate Nadia Murad has drawn global attention to the issue of sexual violence and gender-based violence in conflict. But, as ICTJ Expert Kelli Muddell argues, the nuances of gender norms and how they impact women, men, and vulnerable populations are still often missing from conversations about victims.

Enforced disappearances continue to affect hundreds of thousands of people around the world. The hopes of Sri Lankan victims reached a peak in 2015, when President Maithripala Sirisena was elected on a centrist platform and a commitment to truth, justice, and reconciliation. Later that year, the Sri Lankan government agreed to a UN Human Rights Council resolution that offered a roadmap for the search for the missing and forcibly disappeared. To the dismay of many, however, the government has done little since to implement these commitments and to take the opinions of victims seriously.

In July, the ICC Trial Chamber II rejected victims’ reparations claims in an appeal of the ruling for Germain Katanga, brought by five descendants of the 2003 Bongoro massacre who had suffered psychological harm. In trying to prove causation, the judges considered that the closer the date of birth to the atrocities committed, the greater the likelihood of transgenerational harm. In my view, this linear understanding is flawed. It does not capture the complexity of psychological responses to trauma

In the Netherlands, a court sentenced an arms dealer to 19 years in prison for his role in war crimes in Liberia. What does his case tell us about pursuing justice for economic crimes in Liberia and beyond?

In Africa's Great Lakes region, countries face common challenges like bad governance, inequitable distribution of natural resources, and ethnic divisions. As nations like Burundi, Central African Republic and South Sudan work towards peacebuilding and accountability, they should learn from what has worked and what has not in neighboring countries, writes Sarah Kihika Kasande, ICTJ's Head of Office in Uganda.