Resource Library

Background on the ICC's record in pursuing prosecutions as a response to massive human rights abuses and discusses hybrid court tribunals as a developing judicial strategy. ICTJ offers insight into trends for states to balance international and domestic pressures to combat impunity fo...

The principle of complementarity is central to the Rome Statute of the International Criminal Court (ICC). According to this principle, the ICC should assume jurisdiction only when states parties are unwilling or genuinely unable to carry out their own investigation or prosecution. Th...

This report provides guidance to policymakers and practitioners on the ways in which transitional justice initiatives may function better in divided societies. If transitional justice can find ways to act as a means of political learning across communities, foster trust and recognitio...

ICTJ calls on African states parties to the International Criminal Court to ensure fair and effective justice for serious crimes committed against Africans and others. Written in the lead up to the Rome Statute Review Conference in Kampala, May 2010.

Transitional Justice and Georgia's Conflicts: Breaking the Silence examines the conflicts involving Georgia from a transitional justice perspective. Frichova argues that introducing this dimension into the public discourse in Georgia and its breakaway territories could help advance co...

The purpose of this paper is to provide an overview of some of the major issues and recent developments in transitional justice in Serbia and Montenegro. In particular, it examines the International Criminal Tribunal for the former Yugoslavia (ICTY), local trials, the national Truth a...

The transitional justice review of Bosnia and Herzegovina says that in spite of important achievements in Bosnia and Herzegovina in terms of transitional justice, a number of substantive concerns remain. The report's recommendations include supporting the implementation of the Nationa...

Background on the massive human rights violations in the states that declared independence from the Former Yugoslavia from 1991 onwards, including Croatia, Bosnia and Herzegovina and Kosovo, resulting in the deaths of over 140,000 people and four million displaced. The fact sheet cove...

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...

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,...

For the last 50 years Cypriots have been living amid various forms of conflict between political leaders, communities and armed forces. Divisive re-tellings of key moments in these conflicts continue to be important to the politics of all communities on the island.

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 ...

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...

This paper is meant to help the Extraordinary Chambers in the Courts of Cambodia (ECCC), the civil parties before the court and other Khmer Rouge period survivors and their families deal with practical and legal issues in the course of fulfilling the reparations mandate of the ECCC. ...

This transitional justice review of Cambodia addresses both the achievements of the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the persisting concerns of political influence, corruption and delays that have the potential to undermine the judicial process. The review c...

Transforming a Legacy of Genocide presents the findings of a November 2007 survey of visitors to Choeung Ek, a public memorial of one of Cambodia's notorious "killing fields" during the Khmer Rouge regime, where approximately 20,000 people were killed between 1975 and 1979. The survey...

Overview of the proceedings of the ECCC, the hybrid tribunal created in 2006 to try senior leaders of the Khmer Rouge and those "most responsible" for the crimes that took place. The court has five suspects in custody and has almost completed its first trial which began in March of 20...

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...

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 lead up to Afghanistan's second cycle of elections in 2009 and 2010, this report aims to analyze the legal and operational framework for vetting candidates in the upcoming elections; describe and assess the challenges to the vetting process in the previous elections; map out po...

Political choices made early on in the state-building process have contributed to the current governance and rule of law deficit in Afghanistan. European actions have been marked by a lack of coordination between political and development assistance as well as diverse – and sometimes ...

Background on the rise in instability and deterioration in security in Afghanistan since the overthrow of the Taliban in 2001. ICTJ summarizes the actions of the Karzai government in implementing transitional justice reforms based off findings of the Afghanistan Independent Human Righ...

While Afghanistan goes through tremendous transition, it is important for justice and reconciliation actors to build transitional justice and gender initiatives based on experiences in other postconflict contexts.

On August 20, 2009, Afghans went to the polls for the third time since the U.S.-led military intervention in 2001. Accountability and justice were underlying themes in the election, as made clear by many of the issues that attracted public attention. Nonetheless “calls for justice” re...

Negotiating Justice: Guidance for Mediators provides guidance on grappling with justice issues in peace negotiations. Co-published with the Centre for Humanitarian Dialogue, the report seeks in particular to provide peace process actors with basic facts of law, guidance on amnesties a...

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...

The situation in Uganda presented a challenging first case for the International Criminal Court (ICC). The origins of the conflict between the Lord’s Resistance Army (LRA) and the government are complex, and many people in the north resent the government for failing to protect them fr...

Timor-Leste has implemented a number of transitional justice mechanisms to address the legacy of human rights violations that occurred in relation to the 1975 Timorese civil war and 24-year Indonesian occupation.These mechanisms have failed to provide victims with meaningful reparatio...

Providing the Minister for Social Solidarity with the unfettered discretion to dismiss and appoint members of the institute’s Governing Board renders the institute vulnerable to politicization and undermines the institute’s ‘technical, administrative and financial autonomy.

In August 2006 the United Nations Security Council mandated the establishment of the Serious Crimes Investigation Team (SCIT) as an extension of the previous “serious crimes” process, under the UN Integrated Mission in Timor-Leste (UNMIT). Early in 2008, the team began assisting the c...

Few conflicts have garnered as much attention as the recent one in Darfur. Widespread atrocities reported by several organizations including an International Commission of Investigation compelled the United Nations (UN) Security Council to refer the situation in the western region of ...

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

Although in force only recently, the Rome Statute has changed many of the assumptions of earlier peace versus justice debates, at least for States Parties.

According to the Rome Statute, the International Criminal Court (ICC) will investigate and prosecute where States are “unwilling or unable genuinely” to do so.

One of the major challenges facing parliamentary democracy can be the restriction of people's participation in democratic processes, especially the opportunity to vote in periodic elections.

Gender-based violence, including sexual violence was a common feature of the 10-year-long armed conflict between the security forces and the Communist Party of Nepal – Maoist (CPN-M), yet few individual incidents were reported.

The Burmese government cannot change in a meaningful way until it eliminates the culture of impunity for human rights violations that has developed during the past 48 years. The international community can help this effort by establishing a commission of inquiry into the violations. R...

In 2008 and 2009, the International Center for Transitional Justice (ICTJ) conducted extensive research on impunity in Myanmar (previously known as Burma). This submission is based largely on that research, as well as developments in the last six months.

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 ...

In the wake of the April uprising, the International Center for Transitional Justice (ICTJ) undertook a weeklong mission in Kyrgyzstan to assess whether a transitional justice approach might assist the country in its transition process.

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. ...