Resource Library

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 ...

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...

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...

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...

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...

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, ...

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...

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 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...

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.  ...

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...

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...

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...

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...

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 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.

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.

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 ...

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...

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...

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...

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...

“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...

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...

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 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...

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...