Resource Library

This reports examine the role of memorials in transitional justice processes, based on research conducted in the Acholi and Lango subregions of northern Uganda. It offers recommendations to those planning memorial activities on how to achieve the highest impact.

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 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....

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...

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. ...

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...

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 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 ...

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.

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 ...

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...

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...

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 ...

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...

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.

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...

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 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...

The Liberian Truth Reconciliation Commission (TRC) was necessitated by the Accra Comprehensive Peace Accord signed in 2003. The insertion of the TRC in the peace agreement was largely seen by various actors as Liberia’s maiden step towards addressing a history that was fraught with gr...

Among the key challenges facing the Democratic Republic of Congo (DRC) today is the question of how the country will address the massive human rights atrocities of its recent past to establish a foundation for peace and security, the rule of law, and respect for human rights to prevai...

This report examines the role of women in the implementation of international peace and security instruments through a case study of transitional justice mechanisms in the Liberian context. The experiences of Liberian women have much to teach the world about women’s role in peacebuild...

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...

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...

This initiative aims to promote accountability within the media through independent monitoring of the performance of the media during the TRC process. While freedom of the press is essential to the cultivation of a democratic culture, it is only fair for the media to labor in overcomi...

South Africa, Zimbabwe, Angola, Mozambique and Namibia have all experienced massive violations of human rights in the recent past. Apart from Zimbabwe, where a political crisis continues, all of these states have further seen the end of major conflicts within the last two decades. Onl...

This paper assesses the impact of the International Criminal Court (ICC) on conflicts in Sudan and the Democratic Republic of Congo (DRC). The Sudanese government challenged and undermined the jurisdiction of the ICC from the start. Conversely, the leading actors in the DRC supported ...

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...

This report focuses Liberia's Comprehensive Peace Agreement (CPA) of 2003. It examines many key decisions that were made in creating the CPA, and centers on questions of justice, accountability and the rule of law. It notes developments in the four years after the CPA was signed, an...

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 paper focuses on the issue of reparations in Darfur. It particularly emphasizes victims' right to reparation for the harm done to them, and aims to ensure that this right is recognized and upheld in any peace process. Drawing on experiences from other regions, it reviews and addr...

This report compares findings from two population-based surveys (in 2005 and 2007) in districts of northern Uganda most affected by 21 years of conflict, including the Acholi districts. The studies capture attitudes about peace, justice, and social reconstruction. Developing a deeper...

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 report evaluates Ghana's National Reconciliation Commission (NRC) against its own objectives and the comparative experiences of truth commissions in other countries. Although the NRC was successful in securing some reconciliation, it was plagued by lack of resources and an overt ...

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...

This paper provides a brief history of Liberia, from Americo-Liberian rule in the 19th century to the 2005 elections. It provides accounts of the 1989-1996 and 1997-2003 civil wars, as well as of significant political changes and elections. It also includes appendixes of noteworthy in...

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 report is based on a population-based survey assessing attitudes about peace and justice in Northern Uganda. For nearly two decades, the Lord's Resistance Army has been in conflict with Ugandan government forces, killing countless civilians and abducting tens of thousands of chil...

The development of effective transitional justice policies in the Democratic Republic of Congo has been plagued by lack of security, fear of destabilization, limited political will, and scarce resources. This paper focuses on three specific measures of transitional justice: prosecutio...

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 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 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 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...

Almost a year after the second post-election transition in Burundi, national and international attention is focused on the willingness and ability of the new government to implement the decisions agreed to during negotiations that culminated in the historic August 2000 peace and recon...

“Through a New Lens: A Child-Sensitive Approach to Transitional Justice” analyzes experiences of four countries—Liberia, Democratic Republic of Congo (DRC), Colombia and Nepal—and identifies some key lessons on children’s participation in transitional justice measures. Authored by Céc...

The conviction of Thomas Lubanga is a milestone for the international criminal justice system established by the Rome Statute, and may make an important contribution to the development and definition of the right to reparations in international human rights law. ICTJ has produced a br...

Indigenous peoples are among those most affected by contemporary conflict. The resource-rich territories they occupy are coveted by powerful, often violent groups. Their identity is perceived with mistrust, sometimes with hate. Indigenous communities live at a precarious intersection ...

Following field research in late 2009 and a 2010 workshop in Kinshasa, ICTJ produced a report in French on the challenges of enforcing court-ordered reparations. This briefing paper outlines and summarizes the challenges and recommendations discussed in the report. It also proposes ad...

Since independence Ugandans have endured episodes of violence and human rights abuses across successive political regimes and transitions with devastating consequences. During two decades of conflict in the northern Uganda involving the Lord’s Resistance Army (LRA) and the government ...

National healing and reconciliation in Uganda requires a multilayered truth-telling process comprised of community and national processes that are mutually reinforcing and should not be mutually exclusive, as proposed by the JLOS report. A national truth-telling body should address is...