Resource Library

Seven and a half years after the signing of the Comprehensive Peace Agreement, Nepal's Parliament voted to establish the Truth and Reconciliation Commission and a Commission of Investigation on Disappeared Persons. In this op-ed, ICTJ's Eduardo González Cueva explains why many victims have rejected the bill.

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.

To mark International Women’s Day, we invite you to read about four countries at the top of our gender justice priorities in the coming year, each with its own history, context, and complex sets of challenges.

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.

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.

Dating back to the 1980s, when peace settlements were made across Latin America, truth commissions have become an important component of peace negotiations. In this opinion piece, ICTJ President David Tolbert calls for societies to give truth commissions a chance of fulfilling their potential by learning from their failures and success.

In this op-ed marking Universal Children’s Day, ICTJ's Virginie Ladisch explains why within transitional justice, the capacity to make positive choices and demonstrate moral agency are attributes that need to be encouraged and fostered in children, especially former child soldiers.

In this opinion piece, Lucia Withers argues that Nepal's elected parties and their representatives should not limit their discussions to the establishment of a truth commission or whether it will provide for amnesties and/or prosecutions. Rather, they should focus on designing policies that are more comprehensive and that would better serve the rights and needs of conflict victims and contribute to broader peace-building efforts.

Enforced disappearances are among the cruelest of crimes. To the kidnapping, torture, and in many cases, murder of the victim, perpetrators intentionally create fear and uncertainty about the fate of the missing person. Although men are predominantly targeted, the impact on women is severe and lasting.

In the brutality of armed conflict or tyranny of a repressive regime, many who go missing are never found again: whether “disappeared” by agents of the state or abducted by an armed faction, the whereabouts of thousands are still unknown to this day. On this International Day of the Disappeared, ICTJ recognizes that enforced disappearances constitute crimes against humanity, and they affect women in ways unique from the impact on men.

The one-day forum “Latin American Experiences with Truth Commissions,” organized by the International Center for Transitional Justice in Bogotá on July 22, brought together leading experts to discuss experiences and lessons learned from truth-seeking processes that shed light on massive human rights violations in four countries: Argentina, Guatemala, Paraguay, and Peru.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.