208 results

This report describes the Supreme Iraqi Criminal Tribunal. It discusses the court's establishment and organization, jurisdiction, individual criminal responsibility, rules of procedure and evidence, and general principles of criminal law. It examines, in depth, the guidelines and fram...

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...

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 report provides parameters for the creation of a reparations program in Peru. The program must be included in the process of raising a new national awareness in Peru regarding past abuses and building a legal-political framework more responsive to human rights. To ensure sustaina...

This handbook explains the mandate, origins, purposes, and operating methods of the Truth and Reconciliation Commission (TRC) and Special Court in Sierra Leone. It discusses the differences and similarities between them, in clear, non-technical language. The TRC and Special Court can...

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 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 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...

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 discusses the significance of the trials of Saddam Hussein and his close associates held by the Supreme Iraqi Criminal Tribunal. It examines the challenges faced by the Tribunal - including concerns that the process was dominated by the U.S. government (hence undermining t...

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...

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...

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...

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 book presents a series of essays on truth and criminal justice in Peru. It aims to contribute to analysis on how to strengthen and consolidate democracy there. The essays pay particular attention to the interests of individual victims' of human rights abuses, analyzing individual...

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 paper summarizes the basic facts about the Dujail trial, the first trial before the Iraqi High Tribunal (IHT) against Saddam Hussein and seven others. It also summarizes facts about the IHT in general. It considers both what the Iraqis wanted out of the trial, what such prosecuti...

This update series summarizes developments in the Anfal trial of Saddam Hussein, his cousin Ali Hassan al-Majid, and five other co-defendants before the Iraqi High Tribunal. It covers the trial's defense and closing phases. Five of the six defendants were sentenced to either multiple ...

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 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 article focuses on the results of an ICTJ nation-wide survey: Colombian Perceptions and Opinions on Justice, Truth, Reparations, and Reconciliation. Colombians expressed a strong demand for accountability and reparations and low support for lenient sentences. ICTJ demands the Co...

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 article examines and evaluates the Iraq Tribunal's Dujail Trial. The trial marks the beginning of a longer accountability process in the country and can potentially make a lasting contribution to transitional justice. This study assesses the fairness and effectiveness of the tria...

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 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 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 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 report provides an update on the developments in the Anfal trial before the Iraqi High Tribunal, including the trial of Saddam Hussein, his cousin Ali Hassan al-Majid, and five other co-defendants. This update focuses on the prosecution witness and documentary evidence phases of ...

This paper evaluates the Dujail trial, the first of fourteen trials in Iraq against persons accused of crimes against humanity. Although the trial was potentially a new attempt at Iraqi justice, it fell short in many ways. Ultimately, it was rendered ineffective due to political inter...

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 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 ...

ICTJ's monthly newsletter, providing transitional justice news and updates from around the world. South Africa’s Constitutional Court recently made a landmark ruling on the right to speak the truth about crimes amnestied by the Truth and Reconciliation Commission. ICTJ Truth-Seeking C...

This report is based on data obtained from extensive interviews and focus group discussions conducted in July and August 2003 with representatives from a broad cross-section of the Iraqi population. The report’s conclusions and recommendations are divided into seven main areas: past h...

In September 1985, ninemembers of Argentina’smilitary junta, whose successive regimes covered the period in Argentine history known as the “dirty war,” walked into a courtroom in downtown Buenos Aires.

This is a compilation of cases from the Criminal Chamber of the Supreme Court of Colombia.

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. ...

ICTJ provides an overview of various United States Commissions of Inquiry. This publication includes briefs on the Senate and House Committee Investigations of the Palmer Raids in 1920, the Senator Frank Church Committee in 1975, a commission into wartime relocation and internment of ...

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...

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...

States have the obligation to prevent human rights violations, investigate them, identify and punish their intellectual authors and accessories after the fact, and may not invoke existing provisions of domestic law to avoid complying with their obligations under international law. ...

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 ...

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.

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...

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...

On January 12, 2008, the Iraqi parliament passed the “Law of the Supreme National Commission for Accountability and Justice.” The new law replaces the earlier framework governing Iraq’s De-Ba’athification policies. This document is intended to provide a short summary and preliminary a...

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...

ICTJ provides an overview of investigative reports into detention and interrogation practices by the U.S. government. The purpose of this brief is to provide a sampling of reports to survey the ways in which these have been commissioned, what they have covered, and how they relate to ...

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...

Two years after the Democratic Republic of Congo held its first elections since independence, the country is at a crossroads. One of the key challenges facing the DRC today is the question of how the country will address the massive human rights atrocities of its recent past to establ...