102 results

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 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...

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 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 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 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...

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...

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 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...

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 ...

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...

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 ...

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...

The Special Tribunal for Lebanon is an internationalized court that will sit in the Netherlands and seek accountability for a specific set of crimes in Lebanon. It remains to be seen whether or how the Tribunal might contribute toward accountability in Lebanon, but it is clear from ex...

While not seen as sufficient in and of themselves as a means of reparation, the concept of “collective reparations” has been one of the ways in which reparation advocates have respond to practical challenges and to the overall complexity of responding to massive violations of human...

As the first truth commission in the region, Morocco’s Equity and Reconciliation Commission sought to address the legacy of more than 40 years of repression and human rights violations known as the “Years of Lead.” The commission was part of a gradual process of dealing with the past,...

This update covers the first, complainant phase of the Anfal trial, which lasted for twenty-three sessions from August 21 to November 27, 2006. Seventy-six complainants presented testimony regarding their experiences during the Anfal campaign. Information is taken directly from obser...

Transitional Justice and Georgia's Conflicts: Breaking the Silence examines the conflicts involving Georgia from a transitional justice perspective. Frichova argues that introducing this dimension into the public discourse in Georgia and its breakaway territories could help advance co...

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 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...

Background on the massive human rights violations in the states that declared independence from the Former Yugoslavia from 1991 onwards, including Croatia, Bosnia and Herzegovina and Kosovo, resulting in the deaths of over 140,000 people and four million displaced. The fact sheet cove...

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,...

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.

The legacy of systematic human rights violations committed during violent conflict and repressive rule can reach well into the new order. Transitional justice can help societies address the past through prosecutions, truthseeking, reparations for victims and institutional reform. Just...

Bosnians have a range of expectations of the ICTY—or as it is known in the region, “the Hague Tribunal” or simply “The Hague”—comparing their hopes to the goals enunciated by the Security Council when it created the Tribunal and by the ICTY itself.