Resource Library

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 paper weighs the possible modes and competing policy objectives of punishing FARC members for serious crimes in the context of Colombia’s ongoing peace negotiations. It argues that punishment has to occur in a way that does not damage one of the underlying objectives of the peace...

In this briefing paper ICTJ addresses one of the crucial points of the peace negotiations between the Government of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP): the possibility of providing recourse to the broadest amnesty possible and pardons as pa...

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...

The term reconciliation has long been associated with the field of transitional justice and is often presumed to be one of its goals. At the same time, reconciliation has been both controversial and vague as a concept, giving rise to different understandings and approaches. This paper...

Haiti is currently confronting several challenges regarding stability, the rule of law, and corruption. The establishment of the United Nations Mission for Justice Support in Haiti (MINUJUSTH) in April 2017 is aimed at contributing to state and civil society efforts to effectively add...

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...

Mexico is overwhelmed by criminal violence and human rights violations in ways that ordinary rule of law mechanisms cannot address. While not undergoing a political transition, Mexico could benefit from transitional justice experiences when designing policies for pursuing accountabili...

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...

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...

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. ...

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...

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...

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...

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...

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. ...

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 ...

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...

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...

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 ...

Amicus curiae on petition for a writ of certiorari, to the United States Court of Appeals for the second circuit.

The Cambodian diaspora in France and Belgium has been actively following the development of efforts to prosecute Khmer Rouge officials responsible for crimes committed in Cambodia between 1975 and 1979. Diasporas have assumed a new and important role in the judicial and political aren...

Treatment of historical legacies of discrimination against Aboriginal groups in Canada (First Nations, Inuit, Métis) currently focuses on settlement for abuses committed against Aboriginal children in educational institutions known as “Indian Residential Schools” (IRSs), which pursued...

As the first national truth commission to be created in an established democracy, Canada’s Truth and Reconciliation Commission (TRC) is a bold experiment. It is also the first TRC to focus exclusively on crimes committed against children and indigenous groups.

Indigenous populations throughout the world are widely recognized as groups affected by political and economic marginalization. Countries that have used truth commissions to examine patterns of exclusion—including Chile, Guatemala and Peru—have found clear links between racism, politi...

In Colombia, the shifting boundaries between drug trafficking and political crime and the tension between security and human rights pose particular challenges for those seeking accountability for past abuses and respect for human rights.

The transitional justice mechanisms the Mexican government put in place to investigate the grave human rights violations committed before the political transition of 2000 did not achieve their aims.

A three-judge panel of Peru’s Supreme Court will announce a verdict before the end of this year in the trial of Alberto Fujimori, Peru’s president from 1990-2000, on charges of murder and kidnapping. Prosecutors hold him responsible for the deaths of 25 people at the hands of a death ...

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...

ICTJ provides constructive comments on the draft Internal Rules for the Extraordinary Chambers in the Courts of Cambodia (ECCC). While the draft Internal Rules provide greater procedural clarity for the ECCC proceedings, ICTJ lists several concerns in five areas that must be focused o...

This study examines the development of restitution and reparations in international law and practice over the last century. It aims to provide recommendations on how restitution can best contribute to transitional justice by reviewing four case-studies: the Czech Republic, South Afric...

From 1976 to 1983 Argentina was ruled by a military dictatorship and an estimated 10,000 to 30,000 people "disappeared." This paper outlines transitional justice developments in Argentina - including the investigation and prosecution of human rights violations. The current movement to...

The Extraordinary Chambers of the Courts of Cambodia's reparations mandate may seem narrow and restrictive. Yet there are several potential ways in which the Court can make the right to reparations meaningful for civil parties and for many other Cambodians. It has the ability to inf...

This report considers the work of the Special Prosecutor's Office (SPO) in Mexico, established to deal with crimes that public servants commit against social and political groups. It describes the basic requirements of investigation into "system crimes," emphasizing the need for an ap...

This paper explores the challenges to uncovering the truth about the atrocities committed under the Khmer Rouge and achieving justice for victims in Cambodia. It discusses which transitional justice mechanisms are applicable and what opportunities to achieve truth and accountability e...