88 results

Can International Justice Foster Reconciliation?

On April 10, the UN General Assembly is holding a thematic debate on the role of international justice in reconciliation processes. The debate was called by UN GA President Vuk Jeremic, of Serbia, in the wake of the recent acquittal of Croatian General Ante Gotovina by the International Criminal Tribunal for the Former Yugoslavia. Unfortunately, it has become clear that the real purpose of this debate is directed at undermining the ICTY, rather than to discuss an important issue, not only in the Balkans, but in a growing number of countries.

04/10/13
In Focus

Building Democracies on a Foundation of Truth

This opinion piece by Eduardo González, director of the Truth and Memory program at ICTJ, asks: can you build a solid, legitimate democracy on the sands of silence, or does truth provide a more trustful foundation?

03/26/13
In Focus

African Union Must Act to Address Impunity for International Crimes

In a major effort to promote accountability for serious crimes in Africa, ICTJ joined hundreds of human rights groups and transitional justice partners to ask the African Union to prioritize justice. Addressed to the new African Union (AU) Chairperson Dr. Nkosazana Dlamini-Zuma, the letter warns that strained relationships between the AU and the International Criminal Court (ICC) may put justice at risk.

01/18/13
In Focus

Zuma’s Presidential Pardons Process “Unconstitutional”

Almost 150 criminals, racist killers, and those responsible for mass atrocities committed during and immediately after apartheid have been recommended for special pardon in a deeply flawed and unconstitutional process headed by President Jacob Zuma, the South African Coalition for Transitional Justice (SACTJ) warned today.

06/15/12
Press Releases

Brazilian Truth Commission Has Historic Responsibility

ICTJ welcomes the appointment of seven distinguished experts as members of the Brazilian National Truth Commission. The government has taken a historic step to honor victims and ensure the people of Brazil know the full truth about the human rights abuses committed in their country; the pursuit of justice can only make Brazilian democracy stronger.

05/11/12
Press Releases

Prosecutors Announce Investigation into Disappearances during the Brazilian Military Dictatorship

NEW YORK, March 15, 2012—Brazilian federal prosecutors announced yesterday that they have opened a criminal investigation against a military officer accused of the enforced disappearance of civilians during the 1964–1985 military dictatorship. This is a welcome blow against the use of a 1979 amnesty law to shelter government agents who committed horrific crimes against civilians from accountability.

03/15/12
Press Releases

Brazil Shatters Its Wall of Silence on the Past

Brazil’s recent decision to examine the abuses of the military dictatorship from several decades ago could change the face of democracy at home, making it more genuine and transparent. At the same time it could have a wider impact, allowing Brazil to take a decisive stand on human rights regionally and internationally.

12/06/11
In Focus

Research Brief: Country Case Studies on the Use of Pardons

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

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ICTJ

Briefing Paper

Tina Rosenberg speaks of violence in Latin America, 20 years later

This year marks the 20th anniversary of the publication of Children of Cain, the first book by writer and journalist Tina Rosenberg. ICTJ spoke with Rosenberg about how political violence has evolved in Latin America over the past 20 years, and the continuing need for accountability for past atrocities.

11/22/11
In Focus

Transcript: Tina Rosenberg speaks on violence in Latin America

This year marks the 20th anniversary of the publication of Children of Cain, the first book by writer and journalist Tina Rosenberg. ICTJ spoke with Rosenberg about how political violence has evolved in Latin America over the past 20 years, and the continuing need for accountability for past atrocities.

11/22/11
In Focus

Brazil: Truth Commission Bill Important Step against Impunity

NEW YORK/BRASÍLIA, Oct. 27, 2011—The Brazilian Senate’s passage of the National Truth Commission bill yesterday represents an important step for the struggle against impunity. The Government of Brazil now has the opportunity to acknowledge a painful past and to implement an effective tool to establish the facts about past abuse, to help victims heal and to allow Brazilian society to understand a painful period of their history, therefore preventing recurrent violations.

10/27/11
Press Releases

Brazil: Six Critical Steps for Truth Commission Success

ICTJ applauds Brazil’s momentous step toward the creation of a truth commission and notes opportunities to ensure its success. Brazil’s Chamber of Deputies approved on Wednesday a bill creating the National Truth Commission to establish the facts and responsibilities about crimes committed under the country’s military regime.

09/23/11
Press Releases

Amicus Curiae Brief: South Africa Apartheid Reparations Case

ICTJ filed an amicus brief in the apartheid reparations case before the Southern District Court of New York on November 25, 2009. The brief supports a decision by the South African Government not to oppose legal action against five international companies that are accused of aiding an...

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ICTJ

Brasilia Transitional Justice Conference: A Call to Action

The second Latin American Conference on Transitional Justice closed July 8. In the concluding remarks, ICTJ Truth and Memory Program Director Eduardo Gonzalez stated that while this conference has focused on sharing the comparative experiences throughout Latin America, this has not been an academic exercise but a call to action. Read more on the conference blog

07/07/11
In Focus

Brazil: The Right Moment for Transitional Justice

Although Brazil's dictatorship ended years ago, focus on transitional justice there is peaking now, as debate stirs over how to best address its past. Recent developments - including the Brazilian government's proposal of a truth commission, the opening of national archives, and the Inter-American Court of Human Rights' decision limiting the 1979 amnesty law - are at the core of the discussion. Eduardo Gonzalez, director of ICTJ's Truth and Memory Program, discusses the role accountability for the past can play in Brazil today.

07/05/11
In Focus

Comments on the Draft Regulations Published by the Department of Justice Dealing with Reparations for Apartheid Era Victims

The South African Coalition for Transitional Justice (SACTJ) submits the following comments regarding the May 11, 2010 General Notice 282 published in the Government Gazette. The Coalition objects to the Notice 282 regulations on procedural, constitutional, and international law groun...

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South African Coalition for Transitional Justice

South Africa: New Reparations Plan Embitters Many Victims

On May 11, the South African Department of Justice and Constitutional Development (DOJ) invited comments on new regulations governing the distribution of reparations to victims of the apartheid era in the form of medical and educational benefits. Civil society organizations and groups representing survivors’ interests have raised concerns regarding the scope of the regulations, as well as the DOJ’s overall failure to engage with survivors and consider their views when drafting reparations policies.

06/06/11
In Focus

The Contemporary Right to Property Restitution in the Context of Transitional Justice

This study examines the development of restitution and reparations in international law and practice over the last century. It aims to provide recommendations on how restitution can best contribute to transitional justice by reviewing four case-studies: the Czech Republic, South Afric...

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ICTJ; Rhodri C. Williams

Briefing Paper

Overpromised, Underdelivered: Transitional Justice in Sub-Saharan Africa

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...

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ICTJ; Lydiah Bosire

Briefing Paper

Reparation and the Darfur Peace Process: Ensuring Victims' Rights

This paper focuses on the issue of reparations in Darfur. It particularly emphasizes victims' right to reparation for the harm done to them, and aims to ensure that this right is recognized and upheld in any peace process. Drawing on experiences from other regions, it reviews and addr...

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ICTJ; Suliman Baldo, Lisa Magarrell

Report

Brazil's Hour of Truth and Justice

Brazil’s new government is showing strong support for the passage of a bill creating a National Truth Commission investigating past human rights violations, writes Eduardo González, director of ICTJ's Truth and Memory Program. ICTJ also spoke with Marlon Weichert, human rights activist and regional prosecutor for Brazil's Federal Public Ministry, on the current debate surrounding truth-seeking and accountability in Brazil.

05/18/11
In Focus

Brazil's Right to Know: Interview with Marlon Weichert

ICTJ spoke with Marlon Weichert, prominent human rights advocate and regional prosecutor with the Federal Public Ministry of Brazil (Ministério Público Federal), on Brazil's pending truth commission bill and calls for accountability measures addressing past violations in Brazil.

05/18/11
In Focus

Amnesty Does Not Erase the Truth

South Africa’s Constitutional Court recently made a landmark ruling on the right to speak the truth about crimes amnestied by the Truth and Reconciliation Commission. ICTJ Truth-Seeking Consultant Howard Varney speaks about the ruling and its significance for South Africa and other countries.

05/02/11
In Focus

Transitions May 2011: Amnesty Does Not Erase the Truth

ICTJ's monthly newsletter, providing transitional justice news and updates from around the world. South Africa’s Constitutional Court recently made a landmark ruling on the right to speak the truth about crimes amnestied by the Truth and Reconciliation Commission. ICTJ Truth-Seeking C...

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ICTJ

Newsletter

Conflict and Transitional Justice in Africa (Dari)

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. ...

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ICTJ

Fact Sheet

In the High Court of South Africa: Judgment: Nkadimeng, et al

Document from the High Court of South Africa regarding a case on enforced disappearances.

Southern African Regional Assessment Mission Reports

South Africa, Zimbabwe, Angola, Mozambique and Namibia have all experienced massive violations of human rights in the recent past. Apart from Zimbabwe, where a political crisis continues, all of these states have further seen the end of major conflicts within the last two decades. Onl...

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ICTJ

Report

Research Brief: Country Case Studies on the Use of Pardons

This research brief provides case studies on the use of pardons in Argentina, Chile, El Salvador, Peru and South Africa following periods of mass abuse, and highlights subsequent political and civil society action to overcome impunity exacerbated by pardons and amnesties.

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ICTJ

Briefing Paper

South Africa: Notice of Application for Leave to Appeal

Applicants apply to the Supreme Court of Appeal against the judgment regarding North Gauteng High Court, Pretoria.

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South Africa North Gauteng High Court

Conflict and Transitional Justice in Africa

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. ...

by

ICTJ

Fact Sheet

Transcript of the Interview with Albie Sachs

SEILS: ICTJ are delighted to host today a real giant in the world of political and legal struggle. Albie Sachs has not only played a huge and influential role in the development of the South African constitution but after being nominated by Nelson Mandela for 15 years in the new constitutional court...

04/25/11
In Focus

Sudan: Impact of the Rome Statute and the International Criminal Court

Few conflicts have garnered as much attention as the recent one in Darfur. Widespread atrocities reported by several organizations including an International Commission of Investigation compelled the United Nations (UN) Security Council to refer the situation in the western region of ...

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ICTJ; Suliman Baldo

Briefing Paper

Transitions January 2011: Sudan: A Perilous Road Ahead

Transitions focuses on Sudan's referendum on whether the south will be independent. Suliman Baldo, ICTJ Africa Program Director, talks about the referendum and prospects for peace in Sudan.

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ICTJ

Newsletter

Transitional Justice and DDR: The Case of South Africa (Case study)

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...

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Hugo van der Merwe and Guy Lamb

Report

Transitional Justice and DDR: The Case of South Africa (Brief)

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...

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Hugo van der Merwe and Guy Lamb

Briefing Paper

Truth Telling, Identities, and Power in South Africa and Guatemala

Truth commissions can provide a stage for a potentially powerful encounter with the past (and present) at the level of public discourse. While their capacity to effect transformation in societies marked by patterns of identity-related marginalization and exclusion is limited (and the ...

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Madeleine Fullard and Nicky Rousseau

Briefing Paper

Breathing Life into the New Constitution: A new constitutional approach to law and police in Kenya: lessons from South Africa

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.

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ICTJ; Howard Varney

Briefing Paper

South Africa: Constitutional Court Upholds Right to Express the Truth

CAPE TOWN, April 8, 2011—In a landmark judgment handed down today the Constitutional Court upheld the rights of victims of apartheid era abuses, as well as the media and public, to speak the truth about crimes amnestied by the Truth and Reconciliation Commission (TRC). The court held that truth...

04/08/11
Press Releases