253 results

Ignoring Cries for Justice, South Africa Fails Victims of Apartheid-era Crimes

Years after the Truth and Reconciliation Commission issued its final recommendations, victims of apartheid-era crimes are still fighting for adequate reparation and rehabilitation. Will the government of South Africa listen? In the latest episode of ICTJ’s podcast, we speak with ICTJ Senior Program Adviser Howard Varney, who explains why the vast majority of victims still await justice. [Download](/sites/default/files/Howard_Varney_ICTJ_Podcast_12212012.mp3) | Duration: 24:29mins | File size: 14,351 KB

01/07/13
Podcasts

Engaging Children and Youth in Transitional Justice

On International Children’s Day, ICTJ reaffirms the importance of an active role of children and youth in transitional justice processes, such as truth-seeking, criminal accountability, and reparations programs. In the aftermath of societal upheaval, the voices of children and youth are often absent from peace negotiations and subsequent transitional processes. Though children and youth must be able to receive adequate care and necessary rehabilitation, they must not be regarded only as victims of massive human rights abuses: they are rights-bearing members of a society trying to confront the past, and active participants in the process of social change aiming for a new future. It is in the best interest of children and youth, as well as the societies in which they live, to participate in transitional justice processes, devised to reestablish rule of law and civic trust in the societies to which they belong.

11/19/12
In Focus

A Struggle Against Invisibility: Gender Justice in the Middle East and North Africa

Transitional justice measures should serve to rectify, not replicate, patterns of discrimination against women. These mechanisms can challenge structural causes of gender inequality, by publicly acknowledging the factors that made such abuse possible. In the Middle East and North Africa, like in many other contexts, it is a challenge to ensure transitional justice measures do not further entrench the invisibility of gender-based abuses. As different countries consider the ways to confront the legacies of past abuses, ICTJ works with women’s groups across the region to build their capacity to engage in discussions around transitional justice and gender.

09/26/12
In Focus

ICTJ Program Report: Middle East and North Africa

The latest ICTJ Program Report explores transitional justice issues in the Middle East and North Africa (MENA) and charts our work in this important and dynamic region. Claudio Cordone, ICTJ’s program director covering the MENA region, discusses individual country scenarios, prospects for transitional justice processes and explains ICTJ’s involvement and impact. Cordone speaks about transitional justice principles being at the root of popular uprisings referred to as “Arab Spring” and the challenges facing societies in their efforts to reckon with legacies of dictatorships and recent violence. He describes ICTJ’s efforts to address the impact of violence on women and promote their participation in transitional justice initiatives. The interview provides a thorough overview of ongoing initiatives and future prospects in Tunisia, Libya, Egypt, Syria, Yemen, Lebanon and Israel and Occupied Palestinian Territory.

09/05/12
In Focus

Justice for the Disappeared is at the Heart of Transitional Justice

As the world marks August 30, the International Day of the Disappeared, we are reminded that forced disappearances and transitional justice share a common history. Indeed, processes working in concert that came to form the field of transitional justice were born from the search for truth and justice about the disappeared.

08/28/12
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

Morocco: Gender and the Transitional Justice Process

Established in 2004, Morocco’s Equity and Reconciliation Commission (IER: l’Instance équité et réconciliation) was one of the first attempts made in the Arab world to address human rights violations perpetrated in the post-independence period. It also aimed to include female victims o...

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Julie Guillerot; Naima Benwakrim; Maria Ezzaouini; Widad Bouab

Report

Breaking the Ground on Peace and Stability: Transitional Justice and the Rule of Law

Transitional justice, at the core of its mission, strives to “break the ground on a future of peace and stability.” For countries with a violent or repressive past—and this can be said of most—implementing truth-seeking, criminal justice, reparations, and institutional reform measures forms the basis for establishing a culture of justice and respect for the rule of law.

05/15/12
In Focus

Tunisia Leads the Way in Transitional Justice

The National Conference to Launch a Dialogue on Transitional Justice in Tunisia was held on Saturday, April 14 in Tunis, initiating a process which should result in the adoption of a comprehensive law on transitional justice by the country’s National Constituent Assembly. ICTJ president David Tolbert delivered a keynote address.

04/16/12
In Focus

Badna Naaref: Lebanon’s Online Wartime Diary

Last month ICTJ, with Saint Joseph University’s Modern Arab World Research Center and UMAM Documentation and Research launched the website “ Badna Naaref” (We Want to Know). This oral history project conducted by students tells the stories of suffering and survival during the war in Lebanon, serving both to commemorate and educate.

04/04/12
In Focus

Armed with the Right to Truth, Families of the Missing Lobby to Learn Their Fate

Lebanon has yet to seriously address the issue of thousands of people who went missing or were forcibly disappeared during the country’s civil war. ICTJ spoke with Lebanese activists to discuss a recent initiative taken by the families of the missing and civil society organizations to create a draft law on the missing.

03/05/12
In Focus

Lebanon: Families Propose Draft Law for the Missing and Forcibly Disappeared Persons

A two-day roundtable discussion on a draft law on the missing and forcibly disappeared persons was held February 24–25 in Beirut, Lebanon. Organized by the Committee of the Families of the Kidnapped and Disappeared in Lebanon, Support of Lebanese in Detention and Exile (SOLIDE), Act for the Disappeared, and ICTJ, the roundtable was part of the project “Lebanon’s unaddressed legacy: the missing and the families’ right to know,” funded by the European Union (EU) and the Embassy of Switzerland in Lebanon.

02/28/12
Press Releases

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

Justice and Development: Nexus at the Heart of Arab Spring

This year’s Annual Emilio Mignone Lecture on Transitional Justice, coordinated by ICTJ and the Center for Human Rights and Global Justice at the NYU School of Law, focused on the intersection between transitional justice and international development.

11/17/11
In Focus

Reaction to the death of Judge Antonio Cassese from the legal community

David Tolbert, President of International Center of Transitional Justice: "I join many others in giving a final salute to Nino Cassese. He was man of extraordinary energy, singular determination and extraordinary intellectual talents but at the same time was an unassuming man, with a ready smile, an engaging anecdote and plenty of self-deprecation. Nino was a driving force behind the field of international criminal justice, not only through his leadership of both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL) but through his unstinting writing and advocating on this most crucial of subjects."

10/29/11
In Focus

Morocco: Gender and the Transitional Justice Process

Morocco’s “Years of Lead” period was marked by policies of state violence against political dissidents including torture, arbitrary detention, and enforced disappearances. “ Morocco: Gender and the Transitional Justice Process” analyzes whether the various transitional justice processes undertaken by the IER sufficiently fulfill the gender-specific focus of its mandate.

10/13/11
In Focus

From Milosevic to Mubarak: Prosecuting Heads of State, Podcast with Caitlin Reiger

In this podcast, Caitlin Reiger, director of international policy relations at ICTJ, and coeditor of Prosecuting Heads of State, discusses the phenomenon of accountability at the most senior level of government in the context of ongoing trials of Mubarak and Ben Ali and the calls to bring to justice current and former heads of state accused of human rights abuses. [Download](/sites/default/files/Masic_ICTJ_Podcast_07312011.mp3) | Duration: 7:27mins | File size: 4.56MB

08/17/11
Podcasts

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

Remaining at the Forefront: Podcast with Kelli Muddell

In this podcast, Kelli Muddell, director of ICTJ’s Gender Justice Program, discusses ICTJ's work on gender and transitional justice in the Middle East and North Africa, which included a meeting of women policymakers and activists in Amman, Jordan earlier this month. [Download](/sites/default/files/Muddell_ICTJ_Podcast_07172011.mp3) | Duration: 8mins | File size: 4.5MB

07/18/11
Podcasts

Steps to Accountability in Tunisia: Podcast with Habib Nassar

In this week’s podcast Habib Nassar, director of ICTJ’s Middle East and North Africa Program, addresses questions of fairness and credibility of the in-absentia trial of Ben Ali, the relationship between economic and human rights crimes, and the significance of Tunisia's ratification of the Rome Statute. [Download](/sites/default/files/Reed_ICTJ_Podcast_06052011.mp3) | Duration: 7mins | File size: 4MB

06/27/11
Podcasts

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

Speaking Clearly: The ICC's Challenge in the Middle East and North Africa

The International Criminal Court (ICC) must better communicate what is driving its actions to the public of the Middle East and North Africa (MENA) and elsewhere around the world if it is to develop confidence in its capacity to act as a guardian of international criminal law.

06/09/11
In Focus

Seeking Reparations for Apartheid Victims: Interview with Dr. Marjorie Jobson

Earlier this month, South Africa’s Department of Justice and Constitutional Development proposed draft regulations relating to reparations for apartheid-era victims. In an ICTJ podcast, Dr. Marjorie Jobson, National Director of the Khulumani Support Group assesses the draft regulations and puts forth ideas on how to better address victims’ needs. [Download](/sites/default/files//sites/default/files/Jobson_ICTJ_Podcast_05302011.mp3) | Duration: 7mins | File size: 4MB

06/06/11
Podcasts

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

Transitional Justice in Morocco: A Progress Report

This report traces the human rights abuses under King Hassan II—including arbitrary arrest, torture, and disappearance—that led to the development of the Moroccan Equity and Reconciliation Commission (Instance Équité et Réconciliation (IER)). It provides both a historical reference an...

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ICTJ; Veerle Opgenhaffen, Mark Freeman

Report

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

Early Reflections on Local Perceptions, Legitimacy and Legacy of the Special Tribunal for Lebanon

This journal article examines challenges to the legitimacy of the Special Tribunal for Lebanon (STL). These challenges include selective impunity, the highly selective nature of the jurisdiction of the STL, and the fears that the STL itself will act as an instrument for foreign powers...

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ICTJ; Marieke Wierda, Habib Nassar, and Lynn Maalouf

Addressing the Past, Building the Future: Justice in Time of Transition Conference Report

ICTJ’s Middle East and North Africa Program, in partnership with the Arab Institute for Human Rights, the Tunisian League for Human Rights, and the Office of the High Commissioner for Human Rights, convened an international conference entitled “Addressing the Past, Building the Future...

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ICTJ

Report

A Question for Assad to Ponder

As the number of victims of violence against demonstrators in Syria, Yemen, Bahrain and elsewhere in the region rises, a question emerges for the government of Bashar al-Assad of Syria, but also those of Ali Abdullah Saleh of Yemen, Hamad bin Isa al-Khalifah of Bahrain and the vacillating international community: Can impunity for such crimes be permitted in this day and age?

05/03/11
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

On Sequences and Linkages: the Relationship between Justice, Security and Development

Some habits die hard. This is especially true of ways of thinking. Despite significant changes in national and international law and practice in the last thirty years—the period that corresponds with the emergence of transitional justice as a field—the recent upheaval in the Middle East and Northern Africa region has provoked proposals that hearken back to a period that we may have thought long gone.

04/29/11
In Focus

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

Handbook on The Special Tribunal for Lebanon

The Special Tribunal for Lebanon is an internationalized court that will sit in the Netherlands and seek accountability for a specific set of crimes in Lebanon. It remains to be seen whether or how the Tribunal might contribute toward accountability in Lebanon, but it is clear from ex...

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ICTJ; Friedrich Ebert Stiftung

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

The Rabat Report: The Concept and Challenges of Collective Reparations

While not seen as sufficient in and of themselves as a means of reparation, the concept of “collective reparations” has been one of the ways in which reparation advocates have respond to practical challenges and to the overall complexity of responding to massive violations of human...

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ICTJ

Report

Truth and Reconciliation in Morocco

As the first truth commission in the region, Morocco’s Equity and Reconciliation Commission sought to address the legacy of more than 40 years of repression and human rights violations known as the “Years of Lead.” The commission was part of a gradual process of dealing with the past,...

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ICTJ

Report

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

Transitions February 2011: Coming to Believe in Change

Transitions focuses on unrest in Middle East and North Africa.. Hanny Megally, ICTJ Vice President for Programs, talks about demonstrations and upheaval in Tunisia, Egypt, Jordan and elsewhere.

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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

Tunis Conference Summary: Justice in Times of Transition

The international conference on transitional justice 'Addressing the Past, Building the Future: Justice in Times of Transition' concluded today in Tunis, following two days of discussions on justice models and measures implemented in transitions. View the conference blog The conference explored...

04/15/11
In Focus

No True Democracy without Justice: Tunis Conference on Transitional Justice

TUNIS, Apr. 14, 2011—The international conference on transitional justice, Addressing the Past, Building the Future, opened this morning in Tunis with more than 150 participants from Tunisia and other countries of the Middle East and North Africa. In sessions dealing with transitional justice...

04/14/11
Press Releases

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