Resource Library

Recent years have seen an increased recognition of the need to address the housing, land, and property (HLP) rights of displaced populations in post-conflict situations; however, the implementation of restitution programs is challenged by the fact that in most countries affected by in...

The protracted displacement of Palestinian refugees presents a complex set of challenges for the international refugee, humanitarian, and transitional justice fields. For the most part, these global movements have treated the Palestinian situation as a case apart: Palestinian refugee...

Displacement was a major tactic used by armed groups during the brutal conflict in Liberia from 1989 to 2003. It is estimated that during this time, half the country’s population experienced displacement as a result of warfare. The large numbers of people forced from their homes mean...

This paper considers the efforts of Timor-Leste’s Commission for Reception, Truth and Reconciliation to address the forced displacement that occurred during the period of Indonesian occupation and in the post-Popular Consultation violence of 1999. It examines linkages between the wor...

An internal armed conflict involving the government, leftist guerrillas, and a variety of paramilitary groups and criminal bands has endured in Colombia for the last 60 years, generating massive levels of displacement. A comprehensive truth commission that investigates major human ri...

The 2006 crisis in Timor-Leste saw close to 15 percent of the population displaced from their homes, threatening to sink the country into protracted instability and violence. Remarkably, five years later the country was back on track, with the internal displacement issue largely reso...

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 examines the relationship between forced displacement and transitional justice in Colombia from a gender perspective. The text focuses on three main themes: first, the gendered impacts of forced displacement; second, the ways that official policy, as it has evolved from pr...

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...

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 ...

Displacement is one of the most widespread and tangible consequences of conflict, and has been chronically high in Africa’s Great Lakes region by any standard. This paper focuses on three salient gender-specific dynamics of conflict and displacement in the region that need to be inco...

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 ...

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...

The crime of forced displacement has been a widespread practice in Colombia’s internal armed conflict for several decades. However, forced displacement cannot be reduced to an inherent or unintended effect of the conflict. The armed actors in the Colombian armed conflict—the army an...

In April, the World Bank released its 2011 World Development Report (WDR) entitled Conflict, Security, and Development. It is the first WDR that links transitional justice to security and development and places human rights violations at the heart of its analysis of conflict. ICTJ has...

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. ...

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 ...

Of the more than 30 truth commissions created since the 1980s, four that were organized in Africa and the Americas are notably good examples of how circumstances in each society helped shape the commissions’ work.

More than 30 countries have created truth commissions to investigate and report on human rights abuses. These commissions of inquiry help seek recognition for victims and promote possibilities for peace, reconciliation and democracy.

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...

In Colombia, the shifting boundaries between drug trafficking and political crime and the tension between security and human rights pose particular challenges for those seeking accountability for past abuses and respect for human rights.

Indigenous populations throughout the world are widely recognized as groups affected by political and economic marginalization. Countries that have used truth commissions to examine patterns of exclusion—including Chile, Guatemala and Peru—have found clear links between racism, politi...

As the first national truth commission to be created in an established democracy, Canada’s Truth and Reconciliation Commission (TRC) is a bold experiment. It is also the first TRC to focus exclusively on crimes committed against children and indigenous groups.

Response to the first 100 days of the Obama administration and the disclosure of evidence detailing abusive treatment of detainees in the "war on terror." ICTJ recommends the appointment of a special prosecutor, the creation of an independent, nonpartisan commission of inquiry and con...

Details the range of measures that will be needed to address the consequences of abuses committed during the U.S. "war on terror," including independent investigations, public disclosure of the truth, prosecutions of those responsible for abuses and redress for victims of serious harm...

Transitional justice is a response to systematic or widespread violations of human rights. It seeks recognition for victims and promotion of possibilities for peace, reconciliation and democracy. Transitional justice is not a special form of justice but justice adapted to societies tr...

Of the many challenges that arise when negotiating a transition to peace and an end of war, one of the most difficult can be the tension between prioritizing peace and insisting equally on justice for crimes of the war.

In the absence of governmental action or as preparation for it, some local communities or civil society groups sometime seek to recognize and investigate the legacy of past human rights abuses. Such actions can help lead to more formal transitional justice approaches, including truth ...

Background on the ICC's record in pursuing prosecutions as a response to massive human rights abuses and discusses hybrid court tribunals as a developing judicial strategy. ICTJ offers insight into trends for states to balance international and domestic pressures to combat impunity fo...

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...

Background on the 2004 ICC arrest warrant for Bosco Ntaganda, wanted for war crimes allegedly committed in the DRC including civilian massacres and the recruitment of child soldiers. In 2009, the Congolese government decided not to arrest Bosco, and instead appointed him a deputy comm...

Situation brief on the International Criminal Court's prosecution against Thomas Lubanga, the former leader of the Union des Patriotes Congolais (UPC) who has been charged with genocide and crimes against humanity. Due to problems with the prosecutor's proposed use of evidence, the tr...

Background on the role of amnesty in processes of transitional justice and the 2009 DRC Amnesty Law. Given a fragile justice system and culture of impunity, this law risks rewarding blanket amnesty for all crimes committed in the DRC. ICTJ gives suggestions to break the culture of imp...

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.

Background of the generations-long conflict in Colombia involving the state, the guerilla group FARC and paramilitaries. The shifting boundaries between drug trafficking and political crime remain a serious obstacle to efforts to promote accountability and respect for human rights in ...

Background on conflict in the Democratic Republic of Congo (DRC) and the Central African Republic (CAR) in the context of Jean-Pierre Bemba’s trial at the International Criminal Court (ICC). The ICC is preparing to prosecute Bemba of the DRC for alleged rapes, torture and murders that...

Situation brief on the International Criminal Court's upcoming pretrial hearings on whether to pursue charges against Jean-Pierre Bemba for crimes his troops allegedly committed in the Central African Republic (CAR) in 2002-03. The ICC prosecutor opened an investigation in May 2007 in...

Overview of the proceedings of the ECCC, the hybrid tribunal created in 2006 to try senior leaders of the Khmer Rouge and those "most responsible" for the crimes that took place. The court has five suspects in custody and has almost completed its first trial which began in March of 20...

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 rise in instability and deterioration in security in Afghanistan since the overthrow of the Taliban in 2001. ICTJ summarizes the actions of the Karzai government in implementing transitional justice reforms based off findings of the Afghanistan Independent Human Righ...

Five years since the government of Indonesia and the Free Aceh Movement signed the Helsinki Memorandum of Understanding, key provisions for accountability for mass crimes have not yet been implemented. Attempts to avoid the difficult truths of Aceh’s recent history and to allow perp...

Gender-based violence has been endemic in recent conflicts throughout the world and has resulted in women being disproportionately affected as both casualties of violence and as internally displaced persons. The reality is that gender-based violence has often been dismissed as an unfo...

The International Criminal Court (ICC) opened its second trial against Germain Katanga and Mathieu Ngudjolo Chui on November 24, 2009. The men are former leaders of armed rebel movements from the Ituri district in the Democratic Republic of Congo (DRC).

This paper explores how enforcement of international criminal law currently addresses socioeconomic and environmental crimes. It specifically examines current efforts to promote accountability for: (1) environmental war crimes and (2) property crimes and expropriation. The paper then ...

Essential among South Africa's transition programs was a process to disarm, demobilize, and reintegrate ex-combatants and to create a new defense force integrating the armed forces of opposing parties into a united military structure. Yet, DDR remained largely independent from other t...

In Sierra Leone, the disarmament, demobilization and reintegration (DDR) process and transitional justice initiatives occurred in temporal proximity. Disarmament and demobilization were largely successful in Sierra Leone. Some research suggests, however, that accountability measures ...

While Rwanda has gone further than any other post-conflict state in prosecuting lower-level perpetrators for mass atrocity, transitional justice mechanisms were deliberately kept separate from the DDR program. On one hand, DDR largely succeeded despite a firm policy against amnesty. O...

There was no formal relationship between Disarmament, Demobilization, Rehabilitation and Reintegration (DDRR) processes and transitional justice initiatives in Liberia. DDRR was near completion by the time the TRC began operations. This sequencing of the DDRR program prior to the TRC ...

In El Salvador there was a complex relationship between peacemaking and democratization. The DDR and transitional justice initiatives were connected by the timetable for the implementation of the peace accords. Progress in DDR was dependent on the implementation of political reforms, ...

The DDR process in Colombia aims to guarantee citizens their fundamental rights while at the same time to create space for the integration of demobilized armed groups. It remains to be seen if the Colombian DDR and transitional justice model can be implemented such that it satisfies b...