Resource Library

On August 9, 2012, UN Special Rapporteur on the promotion of truth, justice, reparation, and nonrecurrence Pablo de Greiff presented the first annual report to the Human Rights Council. The report provides an overview of key activities undertaken by the Special Rapporteur between May 1 and July 25, reviews the foundations of the mandate and outlines the strategy for its implementation.

When 26-year old Tunisian street vendor Mohamed Bouazizi incinerated himself on December 17, 2010, his act resonated across an entire region and sparked what is known as the Arab Spring. His cry echoed across the world because it was a universal call for justice, basic fairness, and equal treatment. Indeed, it was a call for the rule of law. In a new op-ed, ICTJ's President David Tolbert calls upon the UN General Assembly to prove its commitment to justice and the rule of law.

The decision on reparations by the International Criminal Court (ICC) in the case of Congolese warlord Thomas Lubanga sets a historic precedent, but it should not be celebrated until victims in the Democratic Republic of the Congo (DRC) are fully compensated through an inclusive and participatory process. The Lubanga decision stated that reparations “go beyond the notion of punitive justice, towards a solution which is more inclusive, encourages participation and recognizes the need to provide effective remedies for victims.” Yet Ruben Carranza, director of ICTJ’s Reparative Justice program, is cautious about celebrating before the process is complete.

The ICTJ Program Report is a new online feature that presents ICTJ’s work and impact around the globe. Through monthly in-depth interviews with our experts, the ICTJ Program Report will offer a view of ICTJ’s work on reparations, criminal justice, truth and memory and other transitional justice developments in countries where we work. To launch the series, we speak with Paul Seils, ICTJ's vice president and the head of our Program Office.

Following post-election violence in 2007–2008, Kenya faced a need to hold accountable those most responsible for the fighting that resulted in more than 1,000 deaths and widespread property destruction and displacement. But national judicial mechanisms proved reticent to do so, and in 2010, the situation was adopted by the ICC, who in January of 2012 announced indictments against four suspects.

Though not a state party to the Rome Statute, Cote d’Ivoire accepted the jurisdiction of the ICC through an ad hoc declaration in April 2003, and in December of 2010—in the wake of the post-election crisis—reaffirmed that declaration. It has been more than one year since Cote d’Ivoire began a critical transition from a decade-long civil war that divided the country and led to widespread human rights violations, forced displacement, and loss of civilian lives and property.

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.

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.

ICTJ recently released its 2011 annual report, covering the period from September 2010 through August 2011. Our tenth anniversary year, it has also been a period of transition for ICTJ and for transitional justice, as we responded to new opportunities in North Africa and the Middle East, and refocused on our future by embarking on a new strategic planning process.

July 1, 2012 marked the 10th anniversary of the International Criminal Court (ICC). On this day in 2002, the Rome Statute entered into force to establish the world’s first permanent, international criminal tribunal. On this occasion, we invited ICC Judge Silvia Fernandez de Gurmendi to speak with us for ICTJ’s latest podcast. [Download](/sites/default/files/Fernandez_ICTJ_Podcast_06172012.mp3) | Duration: 18:32mins | File size: 10.6MB

The trial of Thomas Lubanga before the ICC has the potential to set a critical precedent regarding the right to reparations. In our latest podcast ICTJ's Director of Reparations Ruben Carranza discusses recommendations ICTJ submitted to the ICC concerning the implementation of reparations. [Download](/sites/default/files/Carranza_ICTJ_Podcast_06132012.mp3) | Duration: 16:56mins | File size: 9.69MB

Ivory Coast has embarked on a process of addressing the legacy of internal strife that culminated in the violence following the 2010 presidential elections. There seems to be genuine political will to pursue transitional justice through criminal investigations and truth-seeking, but serious challenges remain. Suliman Baldo, head of ICTJ's Africa Program, discusses these developments in our latest podcast. [Download](/sites/default/files/Baldo_ICTJ_Podcast_06072012.mp3) | Duration: 19.07mins | File size: 10.9MB

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.

The conviction of former Liberian president Charles Taylor for crimes against humanity and war crimes committed in neighboring Sierra Leone finds both West African countries and the region grappling with his terrible legacy. And while the people, and especially Taylor’s victims, in Sierra Leone welcome it as an important step in the country’s effort to overcome the consequences of the brutal civil war, Liberians are still a long way from seeing accountability for the suffering they endured.

The conviction of Thomas Lubanga is a milestone for the international criminal justice system and may make an important contribution to the development and definition of the right to reparations in international human rights law. Accompanying a submission filed with the ICC in advance of its reparations proceedings, ICTJ has produced a briefing note examining what lessons the court can learn from the broader transitional justice field.

The global struggle against impunity relies on a frontline of national judicial systems willing and able to prosecute war crimes, crimes against humanity, and genocide. In this final podcast on complementarity, Phakiso Mochochoko, head of the Jurisdiction, Complementarity, and Cooperation Division of the International Criminal Court, discusses the role the court must play in supporting complementarity in practice. [Download](/sites/default/files/Mochochoko_ICTJ_Podcast_03202012.mp3) | Duration: 10:17mins | File size: 5.88MB

After three years on trial and a total of seven in detention, Thomas Lubanga gained the dubious notoriety of becoming the first person to be convicted by the International Criminal Court (ICC) in The Hague. It would be encouraging if the court, including the prosecution, indicated it saw Lubanga’s judgment as an opportunity to learn critical lessons as well as celebrate a historic day in international justice.

For the millions of victims of the country’s successive wars, Lubanga is just one of many who are responsible for crimes on an astonishing scale. Congolese authorities must end the widespread impunity enjoyed by those who remain in positions of power in the government and military or violence and instability are likely to continue for years to come.

Uganda's first trial for war crimes committed by the brutal Lord's Resistance Army rebel movement is currently underway. To further ICTJ’s special podcast series on complementarity, we sat down with Justice Dan Akiiki Kiiza, head of Uganda's International Crimes Division, to discuss the progress and challenges of complementarity in the country. [Download](/sites/default/files/Akiiki_Kiiza_ICTJ_Podcast_02192012.mp3) | Duration: 09:44mins | File size: 5.57MB

Last week's decision by the International Criminal Court (ICC) in The Hague confirming four Kenyans must answer to charges of crimes against humanity does not excuse their government from responsibility to pursue justice at home, writes ICTJ vice president Paul Seils.

In this podcast Messeh Kamara discusses how to incorporate the perspectives and needs of children into post-conflict truth and justice measures from the perspective of a someone whose childhood was interrupted by the Sierra Leone civil war. [Download](/sites/default/files/Kamara_ICTJ_Podcast_01262012.mp3) | Duration: 12:02mins | File size: 6.88MB

Today marks the tenth anniversary of the formal end to Sierra Leone's brutal civil war. Binta Mansaray, registrar of the Special Court for Sierra Leone, discusses how having the court's proceedings based nationally enabled the inclusion of victims in the justice process and facilitated national capacity building. [Download](/sites/default/files/Mansaray_ICTJ_Podcast_01172012_2.mp3) | Duration: 11:00mins | File size: 6.36MB

During a thematic hearing December 13–14, Kenya's Truth, Justice and Reconciliation Commission (TJRC) heard testimonies from children on their own experiences as part of the commission's investigation into gross human rights violations and historical injustices in the country between 1963 and 2008.

As ICTJ co-hosts a discussion on complementarity on the margins of the Assembly of State Parties (ASP) of the International Criminal Court (ICC), the principle of ensuring accountability for serious crimes has seen a major breakthrough at a recent high-level meeting at Greentree. The meeting brought together international justice actors, development practitioners, UN representatives, and national rule of law actors to discuss the practical implementation of complementarity and how to strengthen domestic systems seeking to investigate serious crimes.

In an effort to advance dialogue on accountability for crimes against humanity and genocide, ICTJ has launched a special podcast series on complementarity, speaking with leading global voices in international and national justice, civil society, policy, and development. [Download](/sites/default/files/Greentree_Collage_ICTJ_Podcast_12142011.mp3) | Duration: 09:51mins | File size: 5.6KB