Resource Library

SEILS: ICTJ are delighted to host today a real giant in the world of political and legal struggle. Albie Sachs has not only played a huge and influential role in the development of the South African constitution but after being nominated by Nelson Mandela for 15 years in the new constitutional court...

South Africa’s Constitutional Court recently made a landmark ruling on the right to speak the truth about crimes amnestied by the Truth and Reconciliation Commission. ICTJ Truth-Seeking Consultant Howard Varney speaks about the ruling and its significance for South Africa and other countries.

On May 11, the South African Department of Justice and Constitutional Development (DOJ) invited comments on new regulations governing the distribution of reparations to victims of the apartheid era in the form of medical and educational benefits. Civil society organizations and groups representing survivors’ interests have raised concerns regarding the scope of the regulations, as well as the DOJ’s overall failure to engage with survivors and consider their views when drafting reparations policies.

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.

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.

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.

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.

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.

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.

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.

The latest ICTJ Program Report presents ICTJ’s work in Africa. In a deeply insightful interview, Suliman Baldo, director of ICTJ’s Africa program and one of the world’s leading experts on transitional justice in Africa, discusses transitional justice processes in Ivory Coast, Kenya, Democratic Republic of Congo, and Uganda.

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.

In this opinion piece, ICTJ's Sharanjeet Parmar asks: why do international efforts to tackle impunity for sexual violence in the DRC continue to miss the mark? High-level diplomatic visits are important in underscoring the responses needed for sexual violence survivors. However, without a strong political commitment from top Congolese authorities to address rampant impunity for sexual violence, no amount of attention or media coverage will reduce the violence or put an end to the cycles of suffering.

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.

South African judge and human rights activist Albie Sachs is among the foremost transitional justice experts to have emerged from the anti-apartheid struggle and subsequent transition. In this interview with ICTJ Vice President Paul Seils, Sachs discusses the difficult balance of retribution and reconciliation, and offers possible lessons from the South African experience for other societies facing similar questions of truth and justice.

Reparations seek to recognize and address the harms suffered by victims of systematic human rights violations. ICTJ’s Reparative Justice program provides knowledge and comparative experience on reparations to victims' groups, civil society and policymakers worldwide. In this edition of the ICTJ Program Report, we look at ICTJ's work on reparations in dynamic transitional contexts such as Nepal, Colombia, Peru, DRC, and Uganda.

Can truth commissions help secure a just peace following a violent conflict in which massive human rights abuses are committed? In this special series of the ICTJ Forum, we present a series of conversations with some of the world’s top peace mediators and truth commission experts, whose collective experience include years on the front lines of critical peace agreements in Latin America, Africa, the Middle East, and Asia.

ICTJ mourns the passing today of Nelson Mandela, a luminary in the struggle for equal rights in South Africa and around the world. “Nelson Mandela’s courage in the face of oppression, his steadfast commitment to his principles and his magnanimous leadership during a difficult period of transition have long been an inspiration to me personally as well as to millions around the world. As we mourn our loss today, we celebrate a life of true greatness, dedicated to justice, without rancor or bitterness,” said David Tolbert, president of ICTJ.

Join ICTJ and the Center for Global Affairs for a conversation on how the ICC and the African Union can move forward, and what the AU position means for effective prosecutions within Africa and elsewhere.

A new amnesty law passed by the government in the Democratic Republic of the Congo (DRC) will grant amnesty to hundreds of members of armed groups engaged in hostilities, including members of the infamous M23 rebels, but stops short of pardoning serious crimes.

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.

On the Day of the African Child, ICTJ recognizes the power of education to transform society, and acknowledges children and young people as agents of societal change, especially in countries dealing with a legacy of abuse.

In this edition of the ICTJ Program Report, ICTJ Senior Associate Felix Reátegui discusses the principles behind the Truth and Memory program, and explains the imperatives of uncovering, acknowledging, and memorializing the past.

Transitional justice practitioners and activists from 18 different countries gathered in Barcelona to attend the 6th Intensive Course on Truth Commissions, organized by the ICTJ and the Barcelona International Peace Resource Center on September 29 - October 3.

ICTJ Vice President Paul Seils writes that the ICC cannot endorse impunity measures any more than others committed to the defense of human rights and the struggle for peace and justice.