202 results

In April 2008 historic elections to Nepal’s Constituent Assembly led to a political watershed: former Maoist guerrillas surprised everyone by coming out ahead, suggesting that a new era had come to Nepal. In its first sitting, the Constituent Assembly declared Nepal a republic and bro...

Indonesia’s history is littered with episodes of mass violence, whether state-sponsored, communally driven or separatist in nature. But in recent times the Indonesian government has successfully negotiated several peace agreements and brought about an end to mass human rights violatio...

Many experts—including development agencies—are trying to improve donor support to democratic governance in fragile and conflict-affected countries. Yet aid institutions tend to promote better governance by promoting capacity in executive government, representation and accountability ...

The paper focuses on security sector reform (SSR) programmes in view of the prominence SSR now has in donor policy discourse and the ambitious objectives and broad scope of contemporary donor SSR policy. Issues such as human security, transitional justice and gender are also considere...

The practice of international peace mediation has been used to good effect in different conflict contexts. However, little systematic learning has been drawn from these experiences to date, and EU approaches and involvement in peace mediation appear ad hoc.

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...

The relationship between transitional justice and security system – or sector – reform (SSR)1 is understudied, yet both contribute to state-building, democratisation and peacebuilding in countries with a legacy of massive human rights abuse. Reforming the system to ensure security age...

In the aftermath of a conflict, a census and identification program (CIP) verifies membership within one or several security institutions, identifies their institutional boundaries, and helps ensure that individuals do not informally join or leave the institution(s). This report hopes...

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...

Transitional Justice and Georgia's Conflicts: Breaking the Silence examines the conflicts involving Georgia from a transitional justice perspective. Frichova argues that introducing this dimension into the public discourse in Georgia and its breakaway territories could help advance co...

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...

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...

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...

The Documentation Affinity Group (DAG) was established in 2005 by ICTJ and five partner organizations as a peer-to-peer network with a primary focus on human rights documentation. Documenting Truth collects the best practices derived from the work of the DAG organizations in Cambodia,...

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 ...

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...

Transforming a Legacy of Genocide presents the findings of a November 2007 survey of visitors to Choeung Ek, a public memorial of one of Cambodia's notorious "killing fields" during the Khmer Rouge regime, where approximately 20,000 people were killed between 1975 and 1979. The survey...

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. ...

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.

Negotiating Justice: Guidance for Mediators provides guidance on grappling with justice issues in peace negotiations. Co-published with the Centre for Humanitarian Dialogue, the report seeks in particular to provide peace process actors with basic facts of law, guidance on amnesties a...

Counterterrorism detainees held in U.S. custody were subject to widespread abuses, including prolonged, arbitrary detention, physical and sexual abuse, enforced disappearance by way of the secret transfer of prisoners to undisclosed locations (“extraordinary rendition”), and other cru...

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...

One of the major challenges facing parliamentary democracy can be the restriction of people's participation in democratic processes, especially the opportunity to vote in periodic elections.

Gender-based violence, including sexual violence was a common feature of the 10-year-long armed conflict between the security forces and the Communist Party of Nepal – Maoist (CPN-M), yet few individual incidents were reported.

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 ...

In the wake of the April uprising, the International Center for Transitional Justice (ICTJ) undertook a weeklong mission in Kyrgyzstan to assess whether a transitional justice approach might assist the country in its transition process.

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...

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...

The legacy of systematic human rights violations committed during violent conflict and repressive rule can reach well into the new order. Transitional justice can help societies address the past through prosecutions, truthseeking, reparations for victims and institutional reform. Just...

The International Center for Transitional Justice (ICTJ), together with the University of Western Ontario Faculty of Law and the Permanent Mission of Canada to the United Nations, hosted an Expert Group Meeting entitled Closing the International and Hybrid Criminal Tribunals: Mechanis...

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...

Truth commissions present an important venue for children’s voices to be heard and for their needs to be addressed. The more challenging questions are specific to each context – which settings are most appropriate, what risks are involved, what do the children have to gain and how wil...

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 publication, written for the UNDP, provides operational guidelines on the implementation of vetting programs in post-conflict societies.

Since the Solomon Islands period of unrest, known as the tensions, between 1998 and 2003 a number positive steps have been taken through the creation of several transitional justice initiatives. These have included prosecutions for crimes committed during this period, traditional reco...

FOCUS: The Solomon Islands Truth and Reconciliation Commission. The Solomon Islands experienced a period of extreme unrest, known as the tensions, between 1998 and 2003. Since then, a number of positive steps have been taken to move toward a more stable democracy, including the establ...

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.