43 results

In many countries of the African Great Lakes region, state-led approaches to transitional justice have been created by wide-ranging agreements or policies that have been later forgotten or only partially implemented. Even when implemented, they are often subject to years of delay and/...

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...

This briefing paper summarizes the findings of an ICTJ report (by the same name) on the judicial response to international crimes in the Democratic Republic of the Congo. It makes substantive recommendations to justice stakeholders in the DRC on how to advance prosecutions of internat...

This report analyzes the response of Congolese judicial authorities to international crimes committed in the territory of the Democratic Republic of the Congo from 2009 to 2014, with a particular focus on the war-torn East (North Kivu, South Kivu, and Ituri). It finds that the number ...

This briefing paper analyzes and reflects on the development of the ICC prosecutor’s strategy and application of procedural rules, since operations began at the International Criminal Court more than a decade ago. The mixed results of the court’s first cases, which arise from the situ...

This briefing paper provides an overview of the proceedings against Thomas Lubanga before the International Criminal Court since the start of the prosecutor’s investigation in 2004 until the 2012 decisions of Trial Chamber I concerning the verdict, the sentence, and reparations. It id...

This paper provides a description of the brief proceedings against Callixte Mbarushimana and Sylvestre Mudacumura before the International Criminal Court.

This briefing paper provides an overview of the proceedings against Germain Katanga and Mathieu Ngudjolo before the International Criminal Court. The conviction and sentence against Katanga signifies the first final judgment of the ICC.

This joint report by ICTJ and the Kofi Annan Foundation explores common assumptions about why truth commissions are created in the wake of armed conflict and what factors make them more likely to succeed – or fail. It arises from a high-level symposium hosted by the two organizations ...

Following field research in late 2009 and a 2010 workshop in Kinshasa, ICTJ produced a report in French on the challenges of enforcing court-ordered reparations. This briefing paper outlines and summarizes the challenges and recommendations discussed in the report. It also proposes ad...

The International Center for Transitional Justice (ICTJ), in cooperation with the United Nations Development Programme (UNDP), with support from the Governments of Denmark and South Africa, and in close consultation with the Assembly of States Parties to the Rome Statute (ASP), held a...

Displacement was a major tactic used by armed groups during the brutal conflict in Liberia from 1989 to 2003. It is estimated that during this time, half the country’s population experienced displacement as a result of warfare. The large numbers of people forced from their homes mean...

As with most post-conflict challenges, the issues of displaced populations and weak security institutions each have profound effects on the other. A common cause of displacement in post-conflict environments is a lack of physical security, either because formal security institutions ...

Following field research in late 2009 and a 2010 workshop in Kinshasa, ICTJ produced a report in French on the challenges of enforcing court-ordered reparations. This briefing paper outlines and summarizes the challenges and recommendations discussed in the report. It also proposes ad...

The conviction of Thomas Lubanga is a milestone for the international criminal justice system established by the Rome Statute, and may make an important contribution to the development and definition of the right to reparations in international human rights law. ICTJ has produced a br...

“Through a New Lens: A Child-Sensitive Approach to Transitional Justice” analyzes experiences of four countries—Liberia, Democratic Republic of Congo (DRC), Colombia and Nepal—and identifies some key lessons on children’s participation in transitional justice measures. Authored by Céc...

Since 1990, 65 former heads of state or government have been legitimately prosecuted for serious human rights or financial crimes. Many of these leaders were brought to trial in reasonably free and fair judicial processes, and some served time in prison as a result. This book explores...

The development of effective transitional justice policies in the Democratic Republic of Congo has been plagued by lack of security, fear of destabilization, limited political will, and scarce resources. This paper focuses on three specific measures of transitional justice: prosecutio...

This paper provides a brief history of Liberia, from Americo-Liberian rule in the 19th century to the 2005 elections. It provides accounts of the 1989-1996 and 1997-2003 civil wars, as well as of significant political changes and elections. It also includes appendixes of noteworthy in...

This paper discusses the challenges encountered during efforts to pursue justice in a number of sub-Saharan African countries in transition, including Burundi, the Democratic Republic of Congo, Ghana, Liberia, Rwanda, Sierra Leone, and South Africa. It presents a background and geneal...

This paper compares and contrasts peace negotiations in Sierra Leone and Liberia. It delineates lessons in peacemaking that emerge from this comparison. These include: considering all policy options, taking a nation's recent history into account, reinterpreting and challenging questio...

This report focuses Liberia's Comprehensive Peace Agreement (CPA) of 2003. It examines many key decisions that were made in creating the CPA, and centers on questions of justice, accountability and the rule of law. It notes developments in the four years after the CPA was signed, an...

Background on the challenges in addressing legacies of past violence in sub-Saharan African countries such as Uganda, Ethiopia and Eritrea. The fact sheet gives an overview of the situation in the region and ICTJ's approaches in promoting transitional justice in individual countries. ...

This initiative aims to promote accountability within the media through independent monitoring of the performance of the media during the TRC process. While freedom of the press is essential to the cultivation of a democratic culture, it is only fair for the media to labor in overcomi...

This report examines the role of women in the implementation of international peace and security instruments through a case study of transitional justice mechanisms in the Liberian context. The experiences of Liberian women have much to teach the world about women’s role in peacebuild...

Among the key challenges facing the Democratic Republic of Congo (DRC) today is the question of how the country will address the massive human rights atrocities of its recent past to establish a foundation for peace and security, the rule of law, and respect for human rights to prevai...

Two years after the Democratic Republic of Congo held its first elections since independence, the country is at a crossroads. One of the key challenges facing the DRC today is the question of how the country will address the massive human rights atrocities of its recent past to establ...

The Liberian Truth Reconciliation Commission (TRC) was necessitated by the Accra Comprehensive Peace Accord signed in 2003. The insertion of the TRC in the peace agreement was largely seen by various actors as Liberia’s maiden step towards addressing a history that was fraught with gr...

Background on the 2004 ICC arrest warrant for Bosco Ntaganda, wanted for war crimes allegedly committed in the DRC including civilian massacres and the recruitment of child soldiers. In 2009, the Congolese government decided not to arrest Bosco, and instead appointed him a deputy comm...

Situation brief on the International Criminal Court's prosecution against Thomas Lubanga, the former leader of the Union des Patriotes Congolais (UPC) who has been charged with genocide and crimes against humanity. Due to problems with the prosecutor's proposed use of evidence, the tr...

In October 2008, fighting erupted in the North Kivu province in eastern Democratic Republic of Congo (DRC) between rebel troops of Laurent Nkunda's Congrès National pour la Défense du Peuple (CNDP) movement, local militia groups, and troops of the Forces Armées de la République Démocr...

Difficult Peace, Limited Justice: Ten Years of Peacemaking in the DRC reviews the efforts to address justice during ten years of varied peace negotiations in the Democratic Republic of Congo. A close look the dynamics of peace talks and the resulting accords -- including those of Sun ...

Background on the role of amnesty in processes of transitional justice and the 2009 DRC Amnesty Law. Given a fragile justice system and culture of impunity, this law risks rewarding blanket amnesty for all crimes committed in the DRC. ICTJ gives suggestions to break the culture of imp...

In Congo over the past decade, demands for justice have been largely unmet in peace negotiations: impunity for the worst crimes is entrenched, and the root causes of the conflict remain unaddressed. As the European Union, often through the European Union Special Representatives (EUSRs...

Background on conflict in the Democratic Republic of Congo (DRC) and the Central African Republic (CAR) in the context of Jean-Pierre Bemba’s trial at the International Criminal Court (ICC). The ICC is preparing to prosecute Bemba of the DRC for alleged rapes, torture and murders that...

Situation brief on the International Criminal Court's upcoming pretrial hearings on whether to pursue charges against Jean-Pierre Bemba for crimes his troops allegedly committed in the Central African Republic (CAR) in 2002-03. The ICC prosecutor opened an investigation in May 2007 in...

Background on the challenges in addressing legacies of past violence in sub-Saharan African countries such as Uganda, Ethiopia and Eritrea. The fact sheet gives an overview of the situation in the region and ICTJ's approaches in promoting transitional justice in individual countries. ...

The Liberia Truth and Reconciliation Commission (TRC) released its final report in December 2009 after more than three years of operations. The report offers valuable insights into Liberia’s turbulent history, including the gross human rights violations committed during the country’s ...

Years have lapsed since the Democratic Republic of Congo (DRC) ratified the Rome Statute of the International Criminal Court (ICC) in March 2002, but the DRC government has yet to meet its legal obligation to incorporate the statute into national law. Adopting such legislation is esse...

The International Criminal Court (ICC) opened its second trial against Germain Katanga and Mathieu Ngudjolo Chui on November 24, 2009. The men are former leaders of armed rebel movements from the Ituri district in the Democratic Republic of Congo (DRC).

The Democratic Republic of Congo (DRC or Congo) presents a critical test for the International Criminal Court (ICC). All of the accused in current ICC trials are from DRC. The Court plays a vital role in DRC regarding complementarity, peace, justice, victims, and affected communities....

There was no formal relationship between Disarmament, Demobilization, Rehabilitation and Reintegration (DDRR) processes and transitional justice initiatives in Liberia. DDRR was near completion by the time the TRC began operations. This sequencing of the DDRR program prior to the TRC ...

There was no formal relationship between Disarmament, Demobilization, Rehabilitation and Reintegration (DDRR) processes and transitional justice initiatives in Liberia. DDRR was near completion by the time the TRC began operations. This sequencing of the DDRR program prior to the TRC ...