Resource Library

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...

ICTJ’s Middle East and North Africa Program, in partnership with the Arab Institute for Human Rights, the Tunisian League for Human Rights, and the Office of the High Commissioner for Human Rights, convened an international conference entitled “Addressing the Past, Building the Future...

This comparative study examines strategies used by local actors to help operationalize reparations for victims of widespread human rights violations, while highlighting the synergies between these efforts and sustainable development. It is based on the fieldwork of ICTJ and its partne...

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...

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...

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...

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...

At a time when truth-seeking and reparations initiatives are taking hold across the United States, this report offers reflections from various civil society-led truth-seeking processes. Drawing on case studies from the United States, Colombia, Scotland, and West Papua, the report iden...

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 report aims to help practitioners in the transitional justice field to understand the experience of establishing and operating hybrid courts and to address some common assumptions about these entities. To do so, it looks at hybrid or mixed courts in practice, drawing on experienc...

The report documents that practices that included slamming detainees into walls, extended sleep deprivation, suspending them by the arms, forced nudity, threats, prolonged shackling in uncomfortable positions and disrespect of the Qur'an, were the result of officially sanctioned polic...

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 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,...

Research Brief: Selected examples of Defence, Intelligence and Justice Investigative Reports into detention and interrogation practices.

This study explores specialized units established in 23 countries to investigate and prosecute serious international crimes. Notwithstanding the challenges faced by these units, the study concludes that countries with a specialized institutional approach are considerably more successf...

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...

In some contexts, the global community has resorted to international tribunals to prosecute the most serious past crimes, such as war crimes, crimes against of humanity, and genocide. While these international efforts contributed significantly to international justice, they were resou...

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 document presents a non‐exhaustive summary of some of the topics discussed at a workshop on outreach organized by the ICTJ in collaboration with the ECCC from March 3-5, 2010. It first provides a general overview of the ECCC functions and outreach activities. Thereafter, it highl...

Examples of pardons in international jurisprudence, including Inter-American Court and Commission, European Court of Human Rights, UN Treaty Bodies, and the African Commission on Human and Peoples’ Rights.

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...

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 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. ...

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...

Case studies on the use of pardons in Argentina, Chile, El Salvador, Peru, and South Africa.

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...

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...

George Floyd’s death reignited existing anger over American society’s deep and festering racial wounds. His death triggered significant social uprisings that have challenged the methods of policing that have emerged over the course of several decades. With a growing awareness of polic...

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...

This briefing paper focuses on the role of victims of human rights violations in criminal proceedings. This paper will provide examples of recent developments in the advancement of victim participation in criminal proceedings in international criminal law and domestic jurisdictions.  ...

This briefing paper examines the Tunisian Truth and Dignity Commission’s approach to investigating Ben Ali dictatorship-era corruption crimes and identifying responsible institutions and individuals, and whether it laid the foundation for accountability and reparation. While it fell s...

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...

This research report offers guidance on the application of a restorative justice framework in contexts of massive human rights violations, including its advantages and challenges. Based on the experiences of Colombia, Sierra Leone, Tunisia, and the Philippines, the study examines how ...

Demobilization was first initiated in Cambodia in 1992, but there have been few attempts to link disarmament, demobilization and reintegration (DDR) processes to transitional justice measures. The government's overriding consideration has been the preservation of stability, narrowly i...

Demobilization was first initiated in Cambodia in 1992, but there have been few attempts to link disarmament, demobilization and reintegration (DDR) processes to transitional justice measures. The government's overriding consideration has been the preservation of stability, narrowly i...

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...

Pursuing justice in a transitional context may take the form of multiple measures and goes beyond the pursuit of criminal prosecutions. Tunisia’s Basic Law on Transitional Law, adopted in December 2013, is a case in point. Despite its flaws, the the law introduced a fairly comprehensi...

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.

On March 2 and 3, 2020, transitional justice and anti-corruption policymakers, experts, and activists from the Gambia, Kenya, South Africa, Armenia, and Tunisia met in Tunis for a two-day conference to share solutions to a common problem: How can countries emerging from dictatorship, ...

The United States has never collectively confronted its history of colonialism, slavery, and racism in an effort to reform the systems that perpetuate harms to Black communities and other marginalized groups, or to redress these wrongs. Events in recent years, however, have amplified ...

This briefing paper details and analyzes the progress made so far in Tunisia to implement its historic Transitional Justice Law, with a particular focus on the Truth and Dignity Commission, created one year ago.

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...

This report focuses on “indirect victims” of human rights violations in Tunisia, namely, the wives, sisters, and children of political prisoners in Tunisia, who suffered discrimination, social exclusion, police violence, and harassment during the dictatorship. Presenting documentation...

Building on its work in Tunisia since 2012, ICTJ met with representatives of youth-led civil society organizations and social movements and state institutions involved in pursuing accountability for Ben Ali-era corruption. This paper focuses on the strategies and insights that members...

In February 2019, ICTJ hosted an international symposium on gender and transitional justice in Tunisia that brought together representatives from eight countries where ICTJ has been actively engaged in implementing a gender-focused approach to its programming. This briefing paper pres...