Resource Library

The United States has never collectively confronted its history of colonialism, slavery, and racism in an effort to reform the systems that perpetuate harms to Black communities and other marginalized groups, or to redress these wrongs. Events in recent years, however, have amplified ...

George Floyd’s death reignited existing anger over American society’s deep and festering racial wounds. His death triggered significant social uprisings that have challenged the methods of policing that have emerged over the course of several decades. With a growing awareness of polic...

At a time when truth-seeking and reparations initiatives are taking hold across the United States, this report offers reflections from various civil society-led truth-seeking processes. Drawing on case studies from the United States, Colombia, Scotland, and West Papua, the report iden...

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 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...

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...

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...

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...

This report disscusses the Greensboro Truth and Reonciliation Commission's Final Report on the 1979 killings of five anti-Ku Klux Klan demonstrators. It focuses on a meeting of representatives from truth recovery efforts around the world to assess the Greensboro experience. Topics cov...

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. ...

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...

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...

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...

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...

The Documentation Affinity Group (DAG) was established in 2005 by ICTJ and five partner organizations as a peer-to-peer network with a primary focus on human rights documentation. Documenting Truth collects the best practices derived from the work of the DAG organizations in Cambodia,...

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. ...

Counterterrorism detainees held in U.S. custody were subject to widespread abuses, including prolonged, arbitrary detention, physical and sexual abuse, enforced disappearance by way of the secret transfer of prisoners to undisclosed locations (“extraordinary rendition”), and other cru...

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...

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. ...

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.

The report documents that practices that included slamming detainees into walls, extended sleep deprivation, suspending them by the arms, forced nudity, threats, prolonged shackling in uncomfortable positions and disrespect of the Qur'an, were the result of officially sanctioned polic...