483 results

Five years since the government of Indonesia and the Free Aceh Movement signed the Helsinki Memorandum of Understanding, key provisions for accountability for mass crimes have not yet been implemented. Attempts to avoid the difficult truths of Aceh’s recent history and to allow perp...

The legacy of systematic human rights violations committed during violent conflict and repressive rule can reach well into the new order. Transitional justice can help societies address the past through prosecutions, truthseeking, reparations for victims and institutional reform. Just...

The establishment of temporary international criminal tribunals has given rise to complex legal, technical, and political questions regarding their post-closure residual functions.

The International Center for Transitional Justice (ICTJ), together with the University of Western Ontario Faculty of Law and the Permanent Mission of Canada to the United Nations, hosted an Expert Group Meeting entitled Closing the International and Hybrid Criminal Tribunals: Mechanis...

Transitions focuses on elections in Burma. Patrick Pierce, ICTJ Head of Program in Burma, discusses what is at stake.

Transitions focuses on engaging new generations and the children's project. Virginie Ladisch, ICTJ Program Associate for the Children's Project, discusses children and justice efforts around the world.

Transitions focuses on new directions and challenges for the organization. Kofi Appenteng, ICTJ Board Chair, discusses his background and his new role as Board Chair.

Transitions focuses on the Justice and Peace Law in Colombia. Michael Reed-Hurtado, ICTJ Senior Associate and Head of Office, discusses Colombia's Justice and Peace Law.

Transitions focuses on victims and the ICC review conference. David Tolbert, ICTJ President, discusses the ICC and review of the Rome Statute.

Transitions focuses on The International Criminal Court and complementarity. ICTJ's Mirna Adjami and Michael Reed discuss legal frameworks in Colombia and the DRC.

Gender-based violence has been endemic in recent conflicts throughout the world and has resulted in women being disproportionately affected as both casualties of violence and as internally displaced persons. The reality is that gender-based violence has often been dismissed as an unfo...

Truth commissions present an important venue for children’s voices to be heard and for their needs to be addressed. The more challenging questions are specific to each context – which settings are most appropriate, what risks are involved, what do the children have to gain and how wil...

Bosnians have a range of expectations of the ICTY—or as it is known in the region, “the Hague Tribunal” or simply “The Hague”—comparing their hopes to the goals enunciated by the Security Council when it created the Tribunal and by the ICTY itself.

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....

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. ...

Transitions focuses on Sudan's referendum on whether the south will be independent. Suliman Baldo, ICTJ Africa Program Director, talks about the referendum and prospects for peace in Sudan.

Transitions focuses on unrest in Middle East and North Africa.. Hanny Megally, ICTJ Vice President for Programs, talks about demonstrations and upheaval in Tunisia, Egypt, Jordan and elsewhere.

Transitions focuses on truth and accountability. Galuh Wandita, Senior Associate for ICTJ in Indonesia, talks about a comprehensive study of truth and accountability in Indonesia.

Transitions focuses on ICTJ's 10th anniversary. David Tolbert, ICTJ President, reflects on the organization's successes and changes over the decade.

This paper explores how enforcement of international criminal law currently addresses socioeconomic and environmental crimes. It specifically examines current efforts to promote accountability for: (1) environmental war crimes and (2) property crimes and expropriation. The paper then ...

The term "civil society" is used by both the transitional justice and the development communities, often in a positive light: transitional justice measures are often said to contribute to strengthening civil society, and at the same time, to some extent, to depend on it; similarly, de...

The term "civil society" is used by both the transitional justice and the development communities, often in a positive light: transitional justice measures are often said to contribute to strengthening civil society, and at the same time, to some extent, to depend on it; similarly, de...

This paper examines the links between education and transitional justice initiatives in contexts affected by conflict. It argues that conceptually there can be meaningful mutual reinforcement between the educational goal of participation and the transitional justice goals of recogniti...

This paper examines the links between education and transitional justice initiatives in contexts affected by conflict. It argues that conceptually there can be meaningful mutual reinforcement between the educational goal of participation and the transitional justice goals of recogniti...

This paper examines linkages between transitional justice processes and the broader issue of land tenure reform in countries with a long and complex history of property dispossession or where land has been a root cause of conflict. It is argued that greater coordination between transi...

Natural resources are a natural connecting point for postconflict development and transitional justice. Understanding the specific role of natural resources in the maintenance of authoritarian regimes and the facilitation of armed conflicts is central to transitional justice's aim of ...

In response to past human rights violations, a variety of measures have been developed, including prosecutions at both international and domestic levels, truth commissions, and reparations for victims. All these options need strong institutions. In postconflict and post-authoritarian ...

This paper maps out some of the links between transitional justice, SSR, and development. It is argued here that SSR and transitional justice can be understood to complement each other in ways that have received little attention so far, and that bringing in a substantive and direct fo...

Reparations and development are generally conceptualized and approached independently, but for survivors and victims the demand for both often arises simultaneously. In practice, reparations and development are linked in specific ways. This paper analyzes these links in the context of...

Contemporary societies find it very difficult to bring about qualitative and systemic changes. This affects development and transitional justice processes in similar ways, for both practices seek to bring about precisely such changes; the shared challenge is a link between the two fie...

Authoritarian regimes frequently leave in their wake a series of negative legacies that have not received sufficient attention in the literature on transitions, and even less by transitional justice measures. This paper examines the political economy of transitions from authoritariani...

Development theory and practice to date has not engaged extensively with transitional justice. This paper explores tentative pathways to conceive of how development and transitional justice practices connect-from a development practitioner's point of view.

This paper makes explicit some of the connections between transitional justice and development, two sprawling fields characterized by fuzzy conceptual borders and by both internal and external dissent. Taking seriously the idea of connecting, however, also means preserving the integri...

This paper explores how enforcement of international criminal law currently addresses socioeconomic and environmental crimes. It specifically examines current efforts to promote accountability for: (1) environmental war crimes and (2) property crimes and expropriation. The paper then ...

Trials re-enact periods of violence and state repression in order to submit them to authoritative judgment. The legal judgment is, however, only one aspect of such trials, which have broader educational and transformative goals. The question posed in this paper is whether or not trial...

International and hybrid jurisdictions have been created in response to the commission of heinous international crimes: genocide, crimes against humanity and war crimes, including mass rape. This article shows that, by their legal definitions, genocide and crimes against humanity are ...

After periods of extended political conflict and of repression or state terrorism, there is an active political struggle about the meaning of what occurred. This paper illustrates some processes through which silenced or hidden ethnic, cultural or gender dimensions come to light durin...

Despite their shared settings, transitional justice and development rarely connect with one another. Increasing the awareness of the potential contributions that each process can make to the other, the opportunities for mutual support, cooperation, and learning, and the trade-offs tha...

The focus of this paper is on initiatives of DDR, SSR, and transitional justice as they relate in peacebuilding contexts. This paper considers the connection between the three types of initiatives: first, by exploring the relationship between DDR and transitional justice; second, by e...

Local justice is sometimes presented as an alternative to or substitute for other measures of transitional justice, often due to political, cultural, or practical considerations. This chapter argues that local justice addresses the (comparatively neglected) reintegration aspect of DDR...

This publication, written for the UNDP, provides operational guidelines on the implementation of vetting programs in post-conflict societies.

Little has been written about the relationship between transitional justice measures and DDR programs with respect to child ex-combatants. We argue that the primary avenue through which transitional justice measures may positively affect the reintegration of former child combatants is...

This chapter examines the largely overlooked relationship between female ex-combatants, DDR, and transitional justice, with a particular focus on truth commissions. The potential of truth commissions to recognize women’s multiple and contradictory roles during armed conflict and to pu...

The general aim of this paper is to construct an argument about the advisability of drawing links between disarmament, demobilization, and reintegration (DDR) and reparations programs, but not just because this is better from the standpoint of justice. It can be argued that the securi...

Generally, disarmament, demobilization, and reintegration (DDR) programs and truth commissions have operated independently of one another. This has resulted in missed opportunities for strengthening DDR and truth commissions. DDR’s reintegration aims may be furthered by increased trut...

Disarmament, demobilization, and reintegration (DDR) programs and prosecutions of international crimes have become prominent features in the landscape of postconflict states. Some tension between them is inherent. Nonetheless, there is compatibility in the larger, long-term goals of D...

This paper’s principal aim is to provide a cogent analytical framework on the range of possible or ideal relationships between DDR programs and amnesties. It assesses whether and how amnesties can serve to maximize the effectiveness of a DDR program, while doing the least harm possibl...

Essential among South Africa's transition programs was a process to disarm, demobilize, and reintegrate ex-combatants and to create a new defense force integrating the armed forces of opposing parties into a united military structure. Yet, DDR remained largely independent from other t...