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...

Invoking the principle of universal jurisdiction opens the door to the possibility of some accountability in circumstances where justice is not possible in countries where the crimes took place. This study considers the challenges facing the exercise of universal jurisdiction and asse...

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 report examines the effectiveness of war crimes prosecutions in Serbia. While the War Crimes Chamber (WCC) and the Office of the War Crimes Prosecutor (OWCP) have had some success, significant concerns exist - such as opposition from ethnic nationalists. Despite shortcomings, the...

Since Georgia’s independence in 1991, successive governments have struggled to deal with endemic corruption, organized crime, and various disputes along its borders, which sometimes sparked into armed conflict. Efforts to combat corruption and organized crime through its “zero-toleran...

This paper provides an overview of the major issues and recent developments in transitional justice in Bosnia and Herzegovina (BiH). It examines the International Criminal Tribunal for the former Yugoslavia (ICTY), local trials, the proposed Truth and Reconciliation Commission, the Sr...

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...

This study examines various aspects of existing reparations following the 1991-1999 conflicts in the former Yugoslavia. It clarifies the different categories of reparation; identifies groups potentially entitled to compensation; assesses the extent and fairness of existing policies; a...

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...

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.

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...

This briefing paper assesses the situation in Ukraine with respect to democratic reforms being undertaken in the country following the mass uprising that ousted former President Viktor Yanukovych in February 2014. It examines issues of corruption and impunity, as well as the historica...

This paper is concerned with the relationship between criminal justice and displacement that has taken place as a result of serious violations of international humanitarian law, and considers these issues within the context of justice efforts in the former Yugoslavia. It argues that ...

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 ...

This case study offers an overview of some of the major issues and recent developments in transitional justice in Croatia. While the main focus is on war crimes prosecutions before the International Criminal Tribunal for the former Yugoslavia and Croatian courts, it also examines trut...

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.

In a number of countries around the world, governments have created state-administered reparations programs for victims and communities that were most affected by massive human rights violations. The success of these programs, which often involve thousands of individuals, depends in p...

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...

Where should justice for some of the world’s worst crimes be done? In national courts or at the International Criminal Court in The Hague? Our Handbook on Complementarity explores those questions, laying out the interconnected relationship between the ICC and national court systems in...

These are especially challenging times for those of us who work to assist societies in dealing with a legacy of atrocities and massive human rights violations. Violent armed conflicts have increased in number, duration, and ferocity around the globe. Immense displacement and waves of ...

When the Syrian people took to the streets in March 2011, nobody could have predicted that the ensuing crisis would become the largest international calamity in recent history. Syrians’ calls for freedom and justice, which rode the wave of revolutions in neighboring countries, have be...

What hope is there for justice for victims of atrocities in profoundly fractured societies, where systems of government have broken down and social and political divisions run deep? What is the role of transitional justice in forging peace in countries like Colombia, after decades of ...

This report presents the main findings of a multiyear research project conducted by the International Center for Transitional Justice on the challenges and opportunities of responding to serious and massive human rights violations in different contexts. The project commissioned 21 stu...

This case study reviews and analyzes the deployment of international judges and prosecutors in Kosovo. It is part of a series providing information on hybrid courts' policy and practical issues. Although the Kosovo system of international judges and prosecutors has made significant st...

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...

As with most post-conflict challenges, the issues of displaced populations and weak security institutions each have profound effects on the other. A common cause of displacement in post-conflict environments is a lack of physical security, either because formal security institutions ...

As human rights advocates and state representatives increasingly acknowledge the necessity of involving children in truth-seeking processes, there is a growing need for practical tools that facilitate children’s participation while prioritizing their protection. This statement-taking ...

Because transitional justice processes are complex, politically contested, and not necessarily linear, they present unique theoretical and practical challenges for measuring their results. This report seeks to improve monitoring and evaluation practices and support evidence-based proc...

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...

Discussions about a future return of refugees and coexistence among groups currently at war in Syria must begin now, even in the face of ongoing violence and displacement. This report, based on interviews with refugees, makes it clear that the restoration of dignity will be important ...

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 cases other than those of environmental disasters, some mix of persecution and fear of violence based on ethnicity, race, or religion, plus violations of human rights and repression based on political beliefs and opinions often characterizes forced displacement for both internally ...

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...

Property Rights in Kosovo explores cultural, political and social factors dating as far back as the Ottoman period that have contributed to the present state of property rights. It examines the legacy of the armed conflict and NATO intervention of 1999 in the massive population displa...

This briefing paper examines the various actions that Ukrainian officials and members of the international community have launched to investigate and prosecute war crimes and other human rights violations committed in Ukraine since Russia invaded the country in February 2022. It explo...

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...

Although the conflict in Turkey remains ongoing and a political solution to the “Kurdish question” has not been reached, in recent years, the Turkish government has developed a series of laws and policies regarding the situation of displaced Kurds. The most significant of these polic...

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...

Since the end of open armed conflict in the former Yugoslavia, there has been little progress in transitional justice. This particularly applies to Serbia and Montenegro, which has lurched from one political crisis to another. This paper provides an overview of some of the major issue...

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 application of transitional justice mechanisms, such as war crimes trials and reparations, has significant flaws in Serbia. Lack of progress may be even greater in truth-seeking and vetting of public officials. Serbia must do much more in all areas of transitional justice, for its...

ICTJ is more than two decades old. At the time it was established, many of those who contributed to transitions in Argentina, Chile, Guatemala, South Africa, and the former Yugoslavia saw the value of a specialized organization that could draw from diverse national experiences to prov...

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 ...