Resource Library

The international conference on transitional justice 'Addressing the Past, Building the Future: Justice in Times of Transition' concluded today in Tunis, following two days of discussions on justice models and measures implemented in transitions. View the conference blog The conference explored...

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.

As the number of victims of violence against demonstrators in Syria, Yemen, Bahrain and elsewhere in the region rises, a question emerges for the government of Bashar al-Assad of Syria, but also those of Ali Abdullah Saleh of Yemen, Hamad bin Isa al-Khalifah of Bahrain and the vacillating international community: Can impunity for such crimes be permitted in this day and age?

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.

ICTJ's expert conference on the relationship between truth-seeking and indigenous rights is in session. View the live stream here.

ICTJ hosted a conference on “Strengthening Indigenous Rights through Truth Commissions” July 19-21, 2011. Regional and international experts convened to discuss how truth commissions can incorporate and address indigenous peoples’ rights. Videos of each session and summaries of the conference proceedings are available.

Women played a crucially important role in brokering peace in Solomon Islands but they still face significant barriers to inclusion in transitional justice initiatives. ICTJ has been working closely with women groups to facilitate their formal contribution to the Truth and Reconciliation Commission (TRC).

This year’s Annual Emilio Mignone Lecture on Transitional Justice, coordinated by ICTJ and the Center for Human Rights and Global Justice at the NYU School of Law, focused on the intersection between transitional justice and international development.

As Nepal’s parliament enters the final discussions on a draft Truth and Reconciliation Commission (TRC) bill, questions remain regarding the relationship between amnesty and reconciliation provisions within the bill.

Five years since the end of Nepal's brutal civil war, victims are losing patience waiting for truth, justice, and reparation. Last year ICTJ completed a six month research project to analyze the effects of the the government's Interim Relief Program and determine the steps still required for Nepal to fulfill its obligation to provide reparations to victims. The findings have been published in a report titled “ From Relief to Reparations: Listening to the Voices of Victims .”

The National Conference to Launch a Dialogue on Transitional Justice in Tunisia was held on Saturday, April 14 in Tunis, initiating a process which should result in the adoption of a comprehensive law on transitional justice by the country’s National Constituent Assembly. ICTJ president David Tolbert delivered a keynote address.

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.

In societies confronting the legacies of war, tyranny, or entrenched injustice, the experiences of indigenous people have often been marginalized. ICTJ has published a handbook offering guidance on planning truth commissions and commissions of inquiry that safeguard the interests of indigenous communities and address violations against them.

Nepal’s armed conflict ended six years ago, but commitments made to pursue accountability and establish oversight over security forces have yet to be implemented. 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 accountability for serious crimes, it undermines the ability of its security forces to maintain the rule of law and protect a new era of peace.

As the world marks August 30, the International Day of the Disappeared, we are reminded that forced disappearances and transitional justice share a common history. Indeed, processes working in concert that came to form the field of transitional justice were born from the search for truth and justice about the disappeared.

The latest ICTJ Program Report explores transitional justice issues in the Middle East and North Africa (MENA) and charts our work in this important and dynamic region. Claudio Cordone, ICTJ’s program director covering the MENA region, discusses individual country scenarios, prospects for transitional justice processes and explains ICTJ’s involvement and impact. Cordone speaks about transitional justice principles being at the root of popular uprisings referred to as “Arab Spring” and the challenges facing societies in their efforts to reckon with legacies of dictatorships and recent violence. He describes ICTJ’s efforts to address the impact of violence on women and promote their participation in transitional justice initiatives. The interview provides a thorough overview of ongoing initiatives and future prospects in Tunisia, Libya, Egypt, Syria, Yemen, Lebanon and Israel and Occupied Palestinian Territory.

Transitional justice measures should serve to rectify, not replicate, patterns of discrimination against women. These mechanisms can challenge structural causes of gender inequality, by publicly acknowledging the factors that made such abuse possible. In the Middle East and North Africa, like in many other contexts, it is a challenge to ensure transitional justice measures do not further entrench the invisibility of gender-based abuses. As different countries consider the ways to confront the legacies of past abuses, ICTJ works with women’s groups across the region to build their capacity to engage in discussions around transitional justice and gender.

Six years after a peace agreement formally ended the conflict in Nepal, the slow, painstaking process of building the country’s new democracy has yet to provide comprehensive reparation to victims. To fully acknowledge the experience of victims of the conflict, Nepal’s government should not mistake the issuance of relief through material benefits for the implementation of a comprehensive reparation program. This is one of the central recommendations of "Relief, Reparations, and the Root Causes of Conflict in Nepal," a major new report from ICTJ, and authored by Ruben Carranza.

On International Children’s Day, ICTJ reaffirms the importance of an active role of children and youth in transitional justice processes, such as truth-seeking, criminal accountability, and reparations programs. In the aftermath of societal upheaval, the voices of children and youth are often absent from peace negotiations and subsequent transitional processes. Though children and youth must be able to receive adequate care and necessary rehabilitation, they must not be regarded only as victims of massive human rights abuses: they are rights-bearing members of a society trying to confront the past, and active participants in the process of social change aiming for a new future. It is in the best interest of children and youth, as well as the societies in which they live, to participate in transitional justice processes, devised to reestablish rule of law and civic trust in the societies to which they belong.

Six years after the conflict ended, the government of Nepal has failed to initiate a comprehensive investigation into the past. As a result, it has failed to uphold the rights of victims and Nepali society to know the truth about abuses. Inaction is particularly cruel regarding the relatives of the disappeared, for whom lack of information on the fate and whereabouts of their loved ones equates to permanent anguish and extreme suffering.

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 International Center for Transitional Justice (ICTJ) signed a cooperation agreement with the Tunisian government on January 16 to provide further technical assistance in establishing transitional justice mechanisms in the country. The development comes two years after protests forced President Zine El Abidine Ben Ali to step down and flee the country in January 2011.

In this edition of ICTJ's Program report, Kelli Muddell, director of ICTJ's Gender Justice program, reflects on ICTJ’s vision of gender justice, the challenges facing survivors of sexual and gender-based violence in times of transition, and how ICTJ is working to address inequality in countries like Colombia, Nepal, and Tunisia.

ICTJ’s president David Tolbert will be one of the featured speakers at this year’s Al Jazeera Forum in Doha, Qatar, which aims to explore the complex transformation of the socio-political and media landscapes of the Middle East and North Africa.

This opinion piece by Eduardo González, director of the Truth and Memory program at ICTJ, asks: can you build a solid, legitimate democracy on the sands of silence, or does truth provide a more trustful foundation?