75 results

The global COVID-19 pandemic forced many countries to impose emergency measures, such as curfews and community lockdowns, to stem the spread of the virus. To enforce these measures, some societies have given regular police forces increased power to enforce the measures, while others h...

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...

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...

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.

In its report, the Kenya Truth, Justice and Reconciliation Commission concluded that “corruption is endemic in Kenya” and that “there is a direct link between corruption and gross violation of human rights.” This paper considers the extent of impunity for corruption in Kenya, how corr...

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...

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...

This joint report by ICTJ and the Kofi Annan Foundation explores common assumptions about why truth commissions are created in the wake of armed conflict and what factors make them more likely to succeed – or fail. It arises from a high-level symposium hosted by the two organizations ...

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...

People gather around a plaque marking the Greenboro Massacre outside during an inaugural ceremony

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...

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. ...

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. ...

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 ...

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...

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,...

In its primary findings, Kenya's Truth, Justice and Reconciliation Commission noted that women and girls have been subject to systematic, state-sanctioned discrimination in all spheres of their lives, and that the state has failed to take measures to end the practices that restrict wo...

For decades, Kenyans have yearned for a police service that is accountable to the people and adheres to national laws and international human rights standards. The police stand accused of regularly meting out violence on the public, extra-judicial killings, and other human rights viol...

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 report examines the police vetting in Kenya that was part of a broader reform in response to the 2007-2008 post-election violence, focusing on why civil society became disillusioned with the initiative. Drawing on interviews with civil society representatives and former members o...

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...

several judges dressed in black gowns sit on a judicial bench.

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 ...

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...

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...

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. ...

This educational tool for educators and mentors is designed to help teach young people in Kenya about difficult periods in Kenyan history and foster discussion on issues of justice, democracy, leadership, and their role as Kenyan citizens.

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 paper analyzes the contents of the Final Report that the Kenyan Truth, Justice and Reconciliation Commission (TJRC) presented to President Uhuru Kenyatta on May 21, 2013, after four years of investigations. In particular, it evaluates the report’s information and findings, the lo...

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...

Children, women, and men look at a wall covered in faces of people.

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 ...

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 ...

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 focuses on the topic of prosecuting international and other serious crimes in Kenya, including crimes committed in the context of the postelection crisis of late 2007 and early 2008. In particular, it identifies and analyzes obstacles and opportunities for such pro...

This policy brief presents recommendations for transitional vetting based on insights from research on vetting practice. It is meant to complement existing guidelines on vetting put forth by the United Nations and other international organizations. It defines vetting and the risks it ...

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...

First of the briefing paper Reflections on Victim-Centered Accountability in Ukraine

Between April 15 and May 3, 2019, ICTJ held a number of consultations with Kenyan youth from several informal settlements in Nairobi and Mombasa to reflect on their understanding of security sector reforms and their connection to the ongoing national dialogue process, particularly as ...

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...

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 ...

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 ...