Resource Library

The global COVID-19 pandemic forced many countries to impose emergency measures, such as curfews and community lockdowns, to stem the spread of the virus. To enforce these measures, some societies have given regular police forces increased power to enforce the measures, while others h...

This briefing paper examines how transitional justice approaches can guide the discussion around dismantling systemic racism in the United States to focus on root causes of violence and racial injustice. Drawing from relevant experiences internationally and within the United States, i...

Mexico is overwhelmed by criminal violence and human rights violations in ways that ordinary rule of law mechanisms cannot address. While not undergoing a political transition, Mexico could benefit from transitional justice experiences when designing policies for pursuing accountabili...

Although youth are key political and social stakeholders who have much to contribute to—and gain from—transitional justice processes, they often remain marginalized from such processes or are given only a limited and predetermined space in which to engage. In recent years, the peacebu...

As human rights advocates and state representatives increasingly acknowledge the necessity of involving children in truth-seeking processes, there is a growing need for practical tools that facilitate children’s participation while prioritizing their protection. This statement-taking ...

Haiti is currently confronting several challenges regarding stability, the rule of law, and corruption. The establishment of the United Nations Mission for Justice Support in Haiti (MINUJUSTH) in April 2017 is aimed at contributing to state and civil society efforts to effectively add...

The term reconciliation has long been associated with the field of transitional justice and is often presumed to be one of its goals. At the same time, reconciliation has been both controversial and vague as a concept, giving rise to different understandings and approaches. This paper...

What hope is there for justice for victims of atrocities in profoundly fractured societies, where systems of government have broken down and social and political divisions run deep? What is the role of transitional justice in forging peace in countries like Colombia, after decades of ...

In transitional contexts, reporting does not simply present the facts, but instead shapes the parameters for interpreting divisive political issues. Coverage in such polarized contexts can mitigate or obscure the substance of transitional justice efforts to establish what happened, wh...

Where should justice for some of the world’s worst crimes be done? In national courts or at the International Criminal Court in The Hague? Our Handbook on Complementarity explores those questions, laying out the interconnected relationship between the ICC and national court systems in...

In this briefing paper ICTJ addresses one of the crucial points of the peace negotiations between the Government of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP): the possibility of providing recourse to the broadest amnesty possible and pardons as pa...

This paper weighs the possible modes and competing policy objectives of punishing FARC members for serious crimes in the context of Colombia’s ongoing peace negotiations. It argues that punishment has to occur in a way that does not damage one of the underlying objectives of the peace...

An internal armed conflict involving the government, leftist guerrillas, and a variety of paramilitary groups and criminal bands has endured in Colombia for the last 60 years, generating massive levels of displacement. A comprehensive truth commission that investigates major human ri...

This paper examines the relationship between forced displacement and transitional justice in Colombia from a gender perspective. The text focuses on three main themes: first, the gendered impacts of forced displacement; second, the ways that official policy, as it has evolved from pr...

The reparations policy for victims of Peru’s internal armed conflict, which lasted from 1980 to 2000, includes the internally displaced population among its beneficiaries under the Official Register of Victims. However, displaced persons are given lower priority than the other catego...

The crime of forced displacement has been a widespread practice in Colombia’s internal armed conflict for several decades. However, forced displacement cannot be reduced to an inherent or unintended effect of the conflict. The armed actors in the Colombian armed conflict—the army an...

In collaboration with the Brookings-LSE Project on Internal Displacement, ICTJ’s Research Unit examined how transitional justice can be used to address the range of injustices associated with displacement and thereby serve as part of a comprehensive approach to the resolution of displ...

Research Brief: Selected examples of Defence, Intelligence and Justice Investigative Reports into detention and interrogation practices.

Examples of pardons in international jurisprudence, including Inter-American Court and Commission, European Court of Human Rights, UN Treaty Bodies, and the African Commission on Human and Peoples’ Rights.

Case studies on the use of pardons in Argentina, Chile, El Salvador, Peru, and South Africa.

Recent speculation indicates that U.S. President George W. Bush may grant pardons to administration officials and members of the military who might face prosecution for authorizing, ordering, endorsing, justifying or committing acts pursuant to the “war on terror.” While a pardon appl...

Since the beginning of the 1980s, Latin American countries have undergone various processes of political transformation. In general terms, this change has consisted of a transition from authoritarian to democratic regimes. In some specific cases, such as Guatemala and El Salvador, the...

This report considers the work of the Special Prosecutor's Office (SPO) in Mexico, established to deal with crimes that public servants commit against social and political groups. It describes the basic requirements of investigation into "system crimes," emphasizing the need for an ap...

From 1976 to 1983 Argentina was ruled by a military dictatorship and an estimated 10,000 to 30,000 people "disappeared." This paper outlines transitional justice developments in Argentina - including the investigation and prosecution of human rights violations. The current movement to...

This book presents a series of essays on truth and criminal justice in Peru. It aims to contribute to analysis on how to strengthen and consolidate democracy there. The essays pay particular attention to the interests of individual victims' of human rights abuses, analyzing individual...

This study examines the development of restitution and reparations in international law and practice over the last century. It aims to provide recommendations on how restitution can best contribute to transitional justice by reviewing four case-studies: the Czech Republic, South Afric...

In September 1985, ninemembers of Argentina’smilitary junta, whose successive regimes covered the period in Argentine history known as the “dirty war,” walked into a courtroom in downtown Buenos Aires.

This is a compilation of cases from the Criminal Chamber of the Supreme Court of Colombia.

ICTJ provides an overview of various United States Commissions of Inquiry. This publication includes briefs on the Senate and House Committee Investigations of the Palmer Raids in 1920, the Senator Frank Church Committee in 1975, a commission into wartime relocation and internment of ...

In the U.S., the democratic principle that openness in government can act as an important check against the possibility of government abuse has been steadily undermined. A critical information gap, only partially addressed through fragmented investigative efforts within and outside go...

States have the obligation to prevent human rights violations, investigate them, identify and punish their intellectual authors and accessories after the fact, and may not invoke existing provisions of domestic law to avoid complying with their obligations under international law. ...

A three-judge panel of Peru’s Supreme Court will announce a verdict before the end of this year in the trial of Alberto Fujimori, Peru’s president from 1990-2000, on charges of murder and kidnapping. Prosecutors hold him responsible for the deaths of 25 people at the hands of a death ...

The transitional justice mechanisms the Mexican government put in place to investigate the grave human rights violations committed before the political transition of 2000 did not achieve their aims.

ICTJ provides an overview of investigative reports into detention and interrogation practices by the U.S. government. The purpose of this brief is to provide a sampling of reports to survey the ways in which these have been commissioned, what they have covered, and how they relate to ...

In Colombia, the shifting boundaries between drug trafficking and political crime and the tension between security and human rights pose particular challenges for those seeking accountability for past abuses and respect for human rights.

Indigenous populations throughout the world are widely recognized as groups affected by political and economic marginalization. Countries that have used truth commissions to examine patterns of exclusion—including Chile, Guatemala and Peru—have found clear links between racism, politi...

As the first national truth commission to be created in an established democracy, Canada’s Truth and Reconciliation Commission (TRC) is a bold experiment. It is also the first TRC to focus exclusively on crimes committed against children and indigenous groups.

Treatment of historical legacies of discrimination against Aboriginal groups in Canada (First Nations, Inuit, Métis) currently focuses on settlement for abuses committed against Aboriginal children in educational institutions known as “Indian Residential Schools” (IRSs), which pursued...

This research brief provides case studies on the use of pardons in Argentina, Chile, El Salvador, Peru and South Africa following periods of mass abuse, and highlights subsequent political and civil society action to overcome impunity exacerbated by pardons and amnesties.

Amicus curiae on petition for a writ of certiorari, to the United States Court of Appeals for the second circuit.

On August 24, 2009, U.S. Attorney General Eric Holder announced that he was appointing Assistant U.S. Attorney John Durham to conduct a preliminary review into the possibility that federal laws were violated in the interrogation of specific detainees outside of the United States. The ...

Response to the first 100 days of the Obama administration and the disclosure of evidence detailing abusive treatment of detainees in the "war on terror." ICTJ recommends the appointment of a special prosecutor, the creation of an independent, nonpartisan commission of inquiry and con...

Details the range of measures that will be needed to address the consequences of abuses committed during the U.S. "war on terror," including independent investigations, public disclosure of the truth, prosecutions of those responsible for abuses and redress for victims of serious harm...

Background of the generations-long conflict in Colombia involving the state, the guerilla group FARC and paramilitaries. The shifting boundaries between drug trafficking and political crime remain a serious obstacle to efforts to promote accountability and respect for human rights in ...

During the 1970s, political violence in Argentina resulted in massive violations of human rights including thousands of deaths, prolonged and arbitrary arrests, disappearances, unfair trials, pervasive torture, in addition to cruel, inhuman, and degrading treatment. Since the restorat...

In dealing with counterterrorism detainees after 2001, the United States breached its obligations under the UN Convention Against Torture (CAT) and other sources of international human rights and humanitarian law. Although the current administration has turned away from some former p...

In Colombia, international crimes can be tried under the ordinary national jurisdiction as well as a limited number of cases under the Justice and Peace Law of 2005 (JPL). Neither jurisdiction has served to highlight the widespread or systematic nature of state-sponsored violence. ...

In El Salvador there was a complex relationship between peacemaking and democratization. The DDR and transitional justice initiatives were connected by the timetable for the implementation of the peace accords. Progress in DDR was dependent on the implementation of political reforms, ...

In El Salvador there was a complex relationship between peacemaking and democratization. The DDR and transitional justice initiatives were connected by the timetable for the implementation of the peace accords. Progress in DDR was dependent on the implementation of political reforms, ...