Resource Library

This reports examine the role of memorials in transitional justice processes, based on research conducted in the Acholi and Lango subregions of northern Uganda. It offers recommendations to those planning memorial activities on how to achieve the highest impact.

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 situations of large scale violence and repression, reparations are best conceptualized as rights-based political projects aimed at giving victims due recognition and at enhancing civic trust both among citizens and between citizens and state institutions. This paper explores, in th...

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. ...

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...

Efforts underway to address the 2008 Kenyan post-election crisis and the conditions that caused it have provided the country with a unique opportunity to address its long history of human rights violations.

The situation in Uganda presented a challenging first case for the International Criminal Court (ICC). The origins of the conflict between the Lord’s Resistance Army (LRA) and the government are complex, and many people in the north resent the government for failing to protect them fr...

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 National Accord, negotiated in February 2008 by the Panel of Eminent African Personalities led by Kofi Annan, ended the months of violence that followed Kenya’s 2007 presidential election. The transitional justice mechanisms established by the accord have created an opportunity to...

The Commission of Inquiry into Post-Election Violence (CIPEV) was the outcome of the Kenya National Dialogue and Reconciliation Accord of February 28, 2008, negotiated by Kofi Annan and the Panel of Eminent African Personalities, and its sister agreement of March 4, 2008, known as Age...

A range of transitional justice measures should be considered in addressing the Kenyan crisis, including holding key perpetrators to account in a court of law, providing reparations for victims of the recent violence, and vetting security forces in order to remove those involved in ab...

A three-judge panel of Peru’s Supreme Court will announce a verdict before the end of this year in the trial of Alberto Fujimori, Peru’s president from 1990-2000, on charges of murder and kidnapping. Prosecutors hold him responsible for the deaths of 25 people at the hands of a death ...

States have the obligation to prevent human rights violations, investigate them, identify and punish their intellectual authors and accessories after the fact, and may not invoke existing provisions of domestic law to avoid complying with their obligations under international law. ...

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 report compares findings from two population-based surveys (in 2005 and 2007) in districts of northern Uganda most affected by 21 years of conflict, including the Acholi districts. The studies capture attitudes about peace, justice, and social reconstruction. Developing a deeper...

This report is based on a population-based survey assessing attitudes about peace and justice in Northern Uganda. For nearly two decades, the Lord's Resistance Army has been in conflict with Ugandan government forces, killing countless civilians and abducting tens of thousands of chil...

This report provides parameters for the creation of a reparations program in Peru. The program must be included in the process of raising a new national awareness in Peru regarding past abuses and building a legal-political framework more responsive to human rights. To ensure sustaina...

This report is the fourth in a series monitoring the implementation of a collective reparations program in Peru since 2007, by ICTJ and the Association for Human Rights in Peru (APRODEH). The publication examines the effects of this reparations program through interviews with the bene...

Case studies on the use of pardons in Argentina, Chile, El Salvador, Peru, and South Africa.

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 reparations policy for victims of Peru’s internal armed conflict, which lasted from 1980 to 2000, includes the internally displaced population among its beneficiaries under the Official Register of Victims. However, displaced persons are given lower priority than the other catego...

Since independence Ugandans have endured episodes of violence and human rights abuses across successive political regimes and transitions with devastating consequences. During two decades of conflict in the northern Uganda involving the Lord’s Resistance Army (LRA) and the government ...

National healing and reconciliation in Uganda requires a multilayered truth-telling process comprised of community and national processes that are mutually reinforcing and should not be mutually exclusive, as proposed by the JLOS report. A national truth-telling body should address is...

There is now an opportunity to design and implement a reparations program for victims of human rights and humanitarian law violations in Uganda. As with other countries emerging from conflict, the contours of a Ugandan reparations policy have been the subject of extended debate and ge...

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 report evaluates the government of Peru’s partial results in providing compensation to victims of the internal armed conflict that devastated the country from 1980 to 2000. It provides a detailed analysis of the process of implementing the Comprehensive Reparations Plan, establis...

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...

This briefing paper summarizes the findings of consultations undertaken by ICTJ with women’s groups in Gulu, Lira, and Soroti on confronting impunity and engendering transitional justice processes in northern Uganda. Its purpose is to help incorporate women’s needs and justice demands...

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 ...

This briefing paper reviews the Kenyan government’s response to sexual and gender-based violence committed against women, men, and children during the 2007/2008 post-election crisis. It draws on interviews with over 40 survivors about their experience and analyzes the laws and transit...

This paper describes proceedings in Uganda’s national courts against Thomas Kwoyelo, a former mid-level commander of the Lord’s Resistance Army, for war crimes and crimes against humanity. It analyzes the opportunities and challenges for the prosecution of serious crimes in Uganda and...

The government of Uganda has been slow to address and remedy serious human rights abuses committed against civilians throughout the country, despite its commitment under the Juba peace talks. This paper analyzes some of the underlying factors that seem to impede the implementation of ...

This paper examines the unique, enduring consequences of conflict-related sexual violence in northern Uganda, focusing specifically on the impact of the lack of accountability for sexual crimes leading to motherhood on girls and women, and on the children they bore as a result of viol...

Women and girls in Northern Uganda were victims of various forms of sexual violence, crimes whose consequences endure today. Many of the survivors bore children as a result of their violations, and the children born of wartime rape have been largely overlooked by the state. Meanwhile,...

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.

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...

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/...

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...

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 paper explores political exclusion in Kenya and its consequences on the social fabric of the nation. It draws from past governmental reports and analysis to formulate new recommendations that can inform current discourse. It first provides an overview of ethnicity in Kenya. It th...

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...

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...

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 ...

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...

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 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 ...

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, ...

The armed conflict in Northern Uganda, stretching across more than two decades, greatly affected the local populations, which suffered multiple forms of war crimes and gross abuses of human rights. This study assesses the opportunities for providing interim relief to victims of confli...

This report summarizes the findings of an ICTJ research project on the contribution of transitional justice to prevention. Drawing from five country case studies, it contends that addressing the past can help to prevent the recurrence not only of human rights violations but also viole...

This study examines the preventive effect of transitional justice in Peru in the aftermath of internal conflict and authoritarianism, focusing on the violence’s root causes and the differentiated impact on victims and affected communities. It contends that while transitional justice h...