36 results

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.

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...

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/...

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 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 ...

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...

“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...

This paper analyzes the serious crimes process the UN established in Timor-Leste to try serious violations of human rights perpetrated in 1999. The main difficulty facing this process is that the vast majority of suspects are in Indonesia, and the Timorese government has not been able...

This report focuses Liberia's Comprehensive Peace Agreement (CPA) of 2003. It examines many key decisions that were made in creating the CPA, and centers on questions of justice, accountability and the rule of law. It notes developments in the four years after the CPA was signed, an...

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. ...

In August 2006 the Security Council created the UN Serious Crimes Investigation Team, as an extension of the previous investigation under the UN Integrated Mission Timor-Leste.

This initiative aims to promote accountability within the media through independent monitoring of the performance of the media during the TRC process. While freedom of the press is essential to the cultivation of a democratic culture, it is only fair for the media to labor in overcomi...

Indonesia and Timor-Leste created the Commission for Truth and Friendship (CTF) bilaterally in 2005. The commission has not yet delivered substantive transitional-justice benefits, and its public hearings have seriously compromised the goals of truth and resconciliation. This report i...

This report examines the role of women in the implementation of international peace and security instruments through a case study of transitional justice mechanisms in the Liberian context. The experiences of Liberian women have much to teach the world about women’s role in peacebuild...

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 Liberian Truth Reconciliation Commission (TRC) was necessitated by the Accra Comprehensive Peace Accord signed in 2003. The insertion of the TRC in the peace agreement was largely seen by various actors as Liberia’s maiden step towards addressing a history that was fraught with gr...

Although the inclusion of an amnesty clause was avoided in the stabilization and state-building agreement signed in December 2001, the Afghan government has shown little political will to promote transitional justice.

In July 2008 the Timorese-Indonesian Commission of Truth and Friendship (CTF) submitted its final report on atrocities committed in East Timor in 1999. Previously the CTF had been criticized by human rights groups, especially in relation to its power to recommend amnesties and its con...

A wide array of international donors are working with Timor-Leste to help support reform in the security sector. While many of these programmes have had a positive impact, donor-driven security reform agendas have been under-coordinated. Fortunately, this is beginning to change, as ...

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...

In October 2008, fighting erupted in the North Kivu province in eastern Democratic Republic of Congo (DRC) between rebel troops of Laurent Nkunda's Congrès National pour la Défense du Peuple (CNDP) movement, local militia groups, and troops of the Forces Armées de la République Démocr...

Difficult Peace, Limited Justice: Ten Years of Peacemaking in the DRC reviews the efforts to address justice during ten years of varied peace negotiations in the Democratic Republic of Congo. A close look the dynamics of peace talks and the resulting accords -- including those of Sun ...

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...

In Congo over the past decade, demands for justice have been largely unmet in peace negotiations: impunity for the worst crimes is entrenched, and the root causes of the conflict remain unaddressed. As the European Union, often through the European Union Special Representatives (EUSRs...

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...

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. ...

In the lead up to Afghanistan's second cycle of elections in 2009 and 2010, this report aims to analyze the legal and operational framework for vetting candidates in the upcoming elections; describe and assess the challenges to the vetting process in the previous elections; map out po...

Political choices made early on in the state-building process have contributed to the current governance and rule of law deficit in Afghanistan. European actions have been marked by a lack of coordination between political and development assistance as well as diverse – and sometimes ...

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...

While Afghanistan goes through tremendous transition, it is important for justice and reconciliation actors to build transitional justice and gender initiatives based on experiences in other postconflict contexts.

In August 2006 the United Nations Security Council mandated the establishment of the Serious Crimes Investigation Team (SCIT) as an extension of the previous “serious crimes” process, under the UN Integrated Mission in Timor-Leste (UNMIT). Early in 2008, the team began assisting the c...

The Liberia Truth and Reconciliation Commission (TRC) released its final report in December 2009 after more than three years of operations. The report offers valuable insights into Liberia’s turbulent history, including the gross human rights violations committed during the country’s ...

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).