Resource Library

The role of police in society is to protect residents and enforce the rule of law. As a public institution, and particularly one whose function includes the state-sanctioned use of force, the effectiveness of the police depends on its integrity and legitimacy. When the police abuses its power, by brutalizing civilians and or engaging in corruption, it loses its credibility and the public’s trust. In Kenya, enforcement of measures to halt the spread of COVID-19 have been accompanied by acts of police brutality, of the kind that Kenyans have been through multiple times before.

Sparing almost no corner of the world from its wrath, the COVID-19 pandemic has now spread to every country. In an effort to slow the contagion, governments in most countries have been taking drastic measures requiring all residents other than essential workers to confine themselves in their homes, and shutting down vast sectors of their economies. The impact has been crushing. COVID-19 has profoundly affected every country where ICTJ currently works: Armenia, Colombia, Cote d’Ivoire, Ethiopia, Gambia, Kenya, Lebanon, Libya, Sudan, Syria, Tunisia, and Uganda. We recently caught up with ICTJ’s heads of country programs to learn more about the impact the pandemic is having on transitional justice and society more broadly.

Given the political challenges emerging from authoritarian states and conflicts in Africa, what is the best way to pursue accountability for violations of international human rights and humanitarian law on the continent? ICTJ experts Chris Gitari and Howard Varney sit down to discuss regional initiatives, complementarity, and other strategies for pursuing accountability.

Regardless of how the world remembers Alex Boraine's legacy—or the success and shortcomings of the truth and reconciliation process in South Africa—history will recall that Boraine withstood his own, and his nation’s, transitions to cement his legacy as an architect for truth and reconciliation and a champion for justice for victims.

On April 11, 2019, Jaqy Mutere, cofounder and coleader of Grace Agenda, accepted an award from Physicians for Human Rights recognizing the work of the Survivors of Sexual Violence in Kenya Network and Grace Agenda, a leader in this movement. Jaqy cofounded Grace Agenda after she began working with women who, like her, had experienced sexual violence during the protests that erupted in Kenya after the contested December 2007 elections.

On February 14, Kenyans once again confronted their painful relationship with law enforcement and revisited the deep mistrust born of historical abuses. In an unprecedented ruling, a court found five senior police officers potentially culpable in gruesome murder during the police response to the 2017 post-election protests. On the same day, a senior police officer was convicted of murder and jailed for life.

In December 2018, we mourned the loss of ICTJ's founder, Alex Boraine. On December 12, Fernando Travesí sat down for an intimate conversation with Vincent Mai—ICTJ’s first chairman—to learn more about a life that we will continue to commemorate in the months and years to come.

Many countries have endured a violent past or a dictatorship that left behind a trail of human rights violations. During transitions to peaceful societies or democracies, there is a need to address that painful past to ensure that the violations do not recur in future. While some countries have made or are making laudable efforts to deal with the atrocities of the past, others like Kenya are regrettably still at the phase of wishing the painful past away.

Dr. Alex Boraine, founder of the ICTJ, was larger than life. In his long career, he touched the lives of thousands in his beloved South Africa and around the world.

From October 1 to October 5, 2018, ICTJ hosted its eleventh intensive course on transitional justice in collaboration with the International Peace Center for in Barcelona. Participants included leaders in their respective fields, including human rights law, community justice and legal services, peacebuilding, education, and humanitarian affairs.

Anti-apartheid activist Ahmed Timol died in South African police custody in 1971, and his family continues to demand justice. While police claimed Timol died by suicide, evidence indicated that he was tortured and murdered. The family’s tenacious efforts led to the reopening of an inquest into Timol's death this year, with ICTJ senior program advisor Howard Varney representing the family. Last month the Pretoria High Court ruled in the family’s favor, finding that Timol did not kill himself but was indeed murdered while in police custody. ICTJ’s Sam McCann sat down with Varney to discuss the ruling, what it means to Timol’s family, and its significance for the fight for justice in South Africa.

With enforced disappearances on the rise, ICTJ President David Tolbert says the path to prevention is clear: the international community must reorder its priorities and change its approach. The disproportionate attention on counterterrorism takes us further away from accountability and prevention, Tolbert writes. He urges the international community to lead the way in unequivocally censoring governments that use enforced disappearance as a political tactic — and ensuring there can be no impunity for this crime.

Kenya is just days away from the 2017 general election, but challenges dot the horizon, including the recent assassination of an election official. ICTJ's Chris Gitari calls for a strong, accountable security sector and the implementation of the Truth, Justice and Reconciliation Commission Report.

Is reconciliation a central aim of transitional justice processes? Or does it have different bearings in different settings? A new paper presents possible understandings of the concept of reconciliation as well as its relationship to the field of transitional justice.

In 1986, Wachira Waheire was whisked off the street, taken to Kenya's most infamous torture chamber, and sentenced to four years in prison. Over the next 30 years, his quest for justice led him to meetings with his torturers to courtroom showdowns with the country's Attorney General. Discover his ongoing struggle for truth, acknowledgement, and reparations alongside all survivors of abuse in Kenya.

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.

A new ICTJ report argues that in Africa's interconnected Great Lakes region, each country’s attempt to provide justice for past violations offers lessons for similar processes in others. We gathered civil society activists from across the region to discuss which strategies have worked for them, which have not, and opened up about the greatest challenges they face in securing justice.

The right to the truth carries special resonance in Kenya, and so on March 24th Kenyan state agencies, survivors, civil society organizations, and international partners will join together in Nairobi to observe the International Day for the Right to the Truth. It provides an opportunity not just for remembrance, but also for greater dialogue between the government and victims about the implementation of reparations programs and of the findings presented in the Truth, Justice and Reconciliation Commission's final report.

South Africa Parliament faces a historic moment. In this op-ed, ICTJ's Vice President Paul Seils remembers the great hope that marked the ICC’s emergence: "No country embodied that hope and that reality more powerfully and more inspiringly than South Africa."

The Africa Union's resolution to collectively support a strategy to withdraw from the ICC looks more like a machination of those who have instrumentalized an argument against the court to protect themselves from the long arm of justice, write ICTJ's top experts on Africa.

As ICTJ looks back on its 15 years of work, join us in celebrating our allies across the globe who join us in the struggle for human rights, against impunity. To honor their efforts in the trenches of this shared struggle, we will bring you their stories in the weeks and months to come. We begin with Kenya's Jaqy Mutere, who provides both an empathetic ear and a political voice to survivors of sexual violence.

South African authorities apparently believe that once the country has officially withdrawn from the ICC, it will be free to invite the likes of Sudanese President al-Bashir to the country. That's not so, writes ICTJ's Howard Varney, who explains why the country's obligations would continue beyond its departure from the court.

Later this month, Tunisians will have an opportunity to hear the truth about the dictatorship's abuses directly from victims in a series of public hearings hosted by the Truth and Dignity Commission. However, in order for these public testimonies to be effective, the media must cover victims' stories fully and explore the issues underpinning their experiences. South African journalist Max du Preez spoke with his Tunisian counterparts to help prepare them for the challenges they will face. We sat down with him afterwards to discuss the role of media in transitional justice processes.

In a society grappling with the legacy of the past, citizens must make informed judgements and disentangle the facts from the sticky web of political rhetoric, denial, and polarizing propaganda. To do so, they rely on one key agent of social change: the media. But how can transitional processes effectively partner with the media and engage key constituencies? And what happens when media play a decisively negative role in mediating information about war crimes?

Can education help right the wrongs of the past, especially when the majority of the population was affected by those wrongs? Teboho Moja examines that question in the context of South Africa, where efforts to reform a discriminatory educational system and redress its consequences have been met with mixed results.