Resource Library

This research report offers guidance on the application of a restorative justice framework in contexts of massive human rights violations, including its advantages and challenges. Based on the experiences of Colombia, Sierra Leone, Tunisia, and the Philippines, the study examines how ...

This study explores specialized units established in 23 countries to investigate and prosecute serious international crimes. Notwithstanding the challenges faced by these units, the study concludes that countries with a specialized institutional approach are considerably more successf...

This study explores a transitional justice approach to the dilemma of foreign fighters in violent conflict. Such an approach can help center human rights in comprehensive responses to foreign fighters, and shift the current focus from security and punishment to justice and long-term p...

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 study analyzes how transitional justice in Sierra Leone has contributed to prevention by responding to the grievances of those harmed by violations, reducing exclusion, addressing through institutional reforms the causes of past violence, and catalyzing long-term change. While tr...

This report summarizes the findings of an ICTJ research project on the contribution of transitional justice to prevention. Drawing from five country case studies, it contends that addressing the past can help to prevent the recurrence not only of human rights violations but also viole...

On March 2 and 3, 2020, transitional justice and anti-corruption policymakers, experts, and activists from the Gambia, Kenya, South Africa, Armenia, and Tunisia met in Tunis for a two-day conference to share solutions to a common problem: How can countries emerging from dictatorship, ...

This policy brief presents recommendations for transitional vetting based on insights from research on vetting practice. It is meant to complement existing guidelines on vetting put forth by the United Nations and other international organizations. It defines vetting and the risks it ...

This report examines the police vetting in Kenya that was part of a broader reform in response to the 2007-2008 post-election violence, focusing on why civil society became disillusioned with the initiative. Drawing on interviews with civil society representatives and former members o...

In its primary findings, Kenya's Truth, Justice and Reconciliation Commission noted that women and girls have been subject to systematic, state-sanctioned discrimination in all spheres of their lives, and that the state has failed to take measures to end the practices that restrict wo...

Between April 15 and May 3, 2019, ICTJ held a number of consultations with Kenyan youth from several informal settlements in Nairobi and Mombasa to reflect on their understanding of security sector reforms and their connection to the ongoing national dialogue process, particularly as ...

In its report, the Kenya Truth, Justice and Reconciliation Commission concluded that “corruption is endemic in Kenya” and that “there is a direct link between corruption and gross violation of human rights.” This paper considers the extent of impunity for corruption in Kenya, how corr...

This paper explores political exclusion in Kenya and its consequences on the social fabric of the nation. It draws from past governmental reports and analysis to formulate new recommendations that can inform current discourse. It first provides an overview of ethnicity in Kenya. It th...

This report aims to help practitioners in the transitional justice field to understand the experience of establishing and operating hybrid courts and to address some common assumptions about these entities. To do so, it looks at hybrid or mixed courts in practice, drawing on experienc...

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...

For decades, Kenyans have yearned for a police service that is accountable to the people and adheres to national laws and international human rights standards. The police stand accused of regularly meting out violence on the public, extra-judicial killings, and other human rights viol...

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 educational tool for educators and mentors is designed to help teach young people in Kenya about difficult periods in Kenyan history and foster discussion on issues of justice, democracy, leadership, and their role as Kenyan citizens.

This briefing paper reviews the Kenyan government’s response to sexual and gender-based violence committed against women, men, and children during the 2007/2008 post-election crisis. It draws on interviews with over 40 survivors about their experience and analyzes the laws and transit...

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 ...

This paper analyzes the contents of the Final Report that the Kenyan Truth, Justice and Reconciliation Commission (TJRC) presented to President Uhuru Kenyatta on May 21, 2013, after four years of investigations. In particular, it evaluates the report’s information and findings, the lo...

This briefing paper focuses on the topic of prosecuting international and other serious crimes in Kenya, including crimes committed in the context of the postelection crisis of late 2007 and early 2008. In particular, it identifies and analyzes obstacles and opportunities for such pro...

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...

This paper explores practical issues regarding the relationship between the Truth and Reconciliation Commission (TRC) and Special Court (SC) in Sierra Leone. It looks at: 1) the legal relationship of the Commission and the Court; 2) the question of whether the TRC information should b...

This report presents a study of ex-combatants' knowledge and opinions of the Truth and Reconciliation Commission (TRC) and Special Court (SC) in Sierra Leone. Ex-combatants and these accountability institutions are interdependent. Ex-combatants need the TRC and SC to help them reinteg...

This handbook explains the mandate, origins, purposes, and operating methods of the Truth and Reconciliation Commission (TRC) and Special Court in Sierra Leone. It discusses the differences and similarities between them, in clear, non-technical language. The TRC and Special Court can...

This report describes the Special Court for Sierra Leone’s accomplishments in the first 18 months of its mandate. The Court was established to try "those bearing the greatest responsibility" for serious violations of international law and certain provisions of domestic law since Nove...

This paper provides an initial summary of the work of the Sierra Leone Truth and Reconciliation Commission (TRC) and points to some of the key difficulties it has encountered. The Commission's first year was challenging: it effectively lost its full preparatory period and the first tw...

This case study provides basic information and policy analysis on the Special Court for Sierra Leone. It aims to help guide policymakers establishing and implementing similar mechanisms. The Court broke new ground in terms of narrowly focusing on those bearing the greatest responsibi...

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 the Lomé Accord of 1999, that ended the Sierra Leone's 10 year civil war. It examines the negotiation dynamics influencing its creation and the impact of the accord from 1999 to 2007. The peace accord is often remembered for its unconditional amnesty provisions, wh...

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. ...

A range of transitional justice measures should be considered in addressing the Kenyan crisis, including holding key perpetrators to account in a court of law, providing reparations for victims of the recent violence, and vetting security forces in order to remove those involved in ab...

The Commission of Inquiry into Post-Election Violence (CIPEV) was the outcome of the Kenya National Dialogue and Reconciliation Accord of February 28, 2008, negotiated by Kofi Annan and the Panel of Eminent African Personalities, and its sister agreement of March 4, 2008, known as Age...

The Special Court for Sierra Leone (SCSL or Special Court) was established in 2002 when the two United Nations (UN) ad hoc international tribunals for the former Yugoslavia and for Rwanda had already existed for several years and when the first lessons could be drawn from their experi...

The Special Court for Sierra Leone-which began with the hope that it would be accessible to millions of Sierra Leoneans- has fallen short of its domestic goals. The decision to try Taylor in The Hague, rather than in Freetown, and the lack of adequate outreach activities made the cour...

This report is intended to contribute to the work of National Commission for Social Action (NaCSA) and of other organizations involved in providing reparations to victims in Sierra Leone. It aims to identify some of the lessons from the Year One Program program, and to help define the...

The National Accord, negotiated in February 2008 by the Panel of Eminent African Personalities led by Kofi Annan, ended the months of violence that followed Kenya’s 2007 presidential election. The transitional justice mechanisms established by the accord have created an opportunity to...

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. ...

Sierra Leone has made tremendous progress in implementing transitional justice commitments incumbent on the authorities under the Lomé Peace Agreement (LPA) and international law.

Efforts underway to address the 2008 Kenyan post-election crisis and the conditions that caused it have provided the country with a unique opportunity to address its long history of human rights violations.

The passing of the Constitution of Kenya of 2010 and its promulgation on August 27, 2010, heralds the deep desire of Kenyans, as individuals and communities, to live in a society that respects and protects their liberties and livelihoods without discrimination. With respect to transit...

Kenya plunged into a dark episode of violence following the controversial presidential election of 2007. The International Criminal Court’s (ICC) recently announced its investigation into issues of complementarity, peace, justice, victims, and affected communities in the country. ...

In Sierra Leone, the disarmament, demobilization and reintegration (DDR) process and transitional justice initiatives occurred in temporal proximity. Disarmament and demobilization were largely successful in Sierra Leone. Some research suggests, however, that accountability measures ...

In Sierra Leone, the disarmament, demobilization and reintegration (DDR) process and transitional justice initiatives occurred in temporal proximity. Disarmament and demobilization were largely successful in Sierra Leone. Some research suggests, however, that accountability measures ...

Building a constitutional state and pursuing social change is best approached by looking at prior successes. Here is a comparison between the Kenyan and South African constitutions and an outline of how constitutional litigation unfolded in South Africa.