73 results

This report presents the findings from research on the needs and expectations of women survivors of sexual and gender-based violence in Nepal. Based on in-depth interviews, it explores what happened to these survivors during the country’s decade-long war (1996-2006), what they need no...

A cartoon illustration of a group of people

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.

This study explores a transitional justice approach to the dilemma of foreign fighters in violent conflict. Such an approach can help center human rights in comprehensive responses to foreign fighters, and shift the current focus from security and punishment to justice and long-term p...

Image of Children looking through holes in a tent at al-Hol displacement camp in Hasaka governorate, Syria, on April 2, 2019.

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...

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 report aims to help local governments, victims’ groups, and other stakeholders in Nepal to understand the scope of and potential inherent in local governmental powers and to identify what local governments can do to design and implement initiatives that support victims of conflic...

The ICTJ continues to support human rights victims in Nepal in their pursuit of justice, truth, reparations, and institutional reform. This briefing paper presents a summary of findings and recommendations from workshops that ICTJ conducted with women victims, as well as meetings it h...

In many countries of the African Great Lakes region, state-led approaches to transitional justice have been created by wide-ranging agreements or policies that have been later forgotten or only partially implemented. Even when implemented, they are often subject to years of delay and/...

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...

This briefing paper summarizes the findings of an ICTJ report (by the same name) on the judicial response to international crimes in the Democratic Republic of the Congo. It makes substantive recommendations to justice stakeholders in the DRC on how to advance prosecutions of internat...

This report analyzes the response of Congolese judicial authorities to international crimes committed in the territory of the Democratic Republic of the Congo from 2009 to 2014, with a particular focus on the war-torn East (North Kivu, South Kivu, and Ituri). It finds that the number ...

This briefing paper analyzes and reflects on the development of the ICC prosecutor’s strategy and application of procedural rules, since operations began at the International Criminal Court more than a decade ago. The mixed results of the court’s first cases, which arise from the situ...

This briefing paper provides an overview of the proceedings against Thomas Lubanga before the International Criminal Court since the start of the prosecutor’s investigation in 2004 until the 2012 decisions of Trial Chamber I concerning the verdict, the sentence, and reparations. It id...

This paper provides a description of the brief proceedings against Callixte Mbarushimana and Sylvestre Mudacumura before the International Criminal Court.

This briefing paper provides an overview of the proceedings against Germain Katanga and Mathieu Ngudjolo before the International Criminal Court. The conviction and sentence against Katanga signifies the first final judgment of the ICC.

Annex to the publication, "'To Walk Freely with a Wide Heart' -A Study of the Needs and Aspirations for Reparative Justice of Victims of Conflict-Related Abuses in Nepal." (Nepali)

Annex to the publication, "'To Walk Freely with a Wide Heart' -A Study of the Needs and Aspirations for Reparative Justice of Victims of Conflict-Related Abuses in Nepal."

This report presents the findings of an in-depth survey of more than 400 conflict victims in 10 districts of Nepal, researching their immediate and long-term needs and aspirations. Participants included those who had received benefits through the government’s Interim Relief Program an...

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 ...

Based on the findings of over 450 interviews, this briefing paper looks at the socioeconomic impact of enforced disappearances on the wives of the disappeared in Nepal. More than 1,000 people remain unaccounted for after Nepal’s 10-year conflict ended in 2006. The majority were young ...

Following field research in late 2009 and a 2010 workshop in Kinshasa, ICTJ produced a report in French on the challenges of enforcing court-ordered reparations. This briefing paper outlines and summarizes the challenges and recommendations discussed in the report. It also proposes ad...

This briefing paper sets out the obligations of the state and international best practice with respect to the right to truth, both as a key element of a transitional justice strategy and as a critical component of providing effective remedy to victims of gross violations of human righ...

The International Center for Transitional Justice (ICTJ), in cooperation with the United Nations Development Programme (UNDP), with support from the Governments of Denmark and South Africa, and in close consultation with the Assembly of States Parties to the Rome Statute (ASP), held a...

The report examines the measures taken in Nepal to redress victims following the 2006 peace agreement, which formally ended the ten-year civil war between the government and Maoist rebels. It looks closely at the Interim Relief Program (IRP) — a compensation scheme instituted in 2008 ...

ICTJ’s briefing paper “Building Trust and Strengthening the Rule of Law” examines how an ad hoc vetting mechanism for officers in senior command positions could help consolidate democracy in Nepal. Author Alexander Mayer-Rieckh says that as Nepal abandons its commitments to pursue acc...

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 ...

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 ...

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 ...

Following field research in late 2009 and a 2010 workshop in Kinshasa, ICTJ produced a report in French on the challenges of enforcing court-ordered reparations. This briefing paper outlines and summarizes the challenges and recommendations discussed in the report. It also proposes ad...

Indigenous peoples are among those most affected by contemporary conflict. The resource-rich territories they occupy are coveted by powerful, often violent groups. Their identity is perceived with mistrust, sometimes with hate. Indigenous communities live at a precarious intersection ...

The conviction of Thomas Lubanga is a milestone for the international criminal justice system established by the Rome Statute, and may make an important contribution to the development and definition of the right to reparations in international human rights law. ICTJ has produced a br...

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...

During peace negotiations, there is often a belief that providing amnesties for certain crimes will help promote national reconciliation. Nepal's Truth and Reconciliation Commission (TRC) Bill currently contains provisions on both amnesty and reconciliation. However, the Bill itself i...

“Through a New Lens: A Child-Sensitive Approach to Transitional Justice” analyzes experiences of four countries—Liberia, Democratic Republic of Congo (DRC), Colombia and Nepal—and identifies some key lessons on children’s participation in transitional justice measures. Authored by Céc...

Since 1990, 65 former heads of state or government have been legitimately prosecuted for serious human rights or financial crimes. Many of these leaders were brought to trial in reasonably free and fair judicial processes, and some served time in prison as a result. This book explores...

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...

This study identifies the range of agencies in and outside the former Yugoslavia that collect documentation on war crimes and other human rights violations committed in the 1991-1999 wars. Several factors that point to the need for an overview of data-collecting agencies in the region...

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...

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 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 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 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 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...

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. ...

The survey sought to ascertain the opinions and expectations of the victims and their families in Nepal on a range of transitional justice issues, such as human rights violations, truth-seeking, justice, accountability, reparations, and reconciliation.

This report arises out of a perceived opening or window of opportunity for transitional justice intervention around the specific gross human rights violation of enforced disappearances and abductions in Nepal. This issue connects powerfully to several dominant concerns within the tran...

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...

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...