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The latest episode of ICTJ Forum features ICTJ's Marcie Mersky, who joins host and Communications Director Refik Hodzic for an in-depth analysis of news in Guatemala and Nepal, and looks ahead to the next year of transitional justice developments around the world.

As attested by the arrest on January 3, 2013 in the United Kingdom of Kumar Lama, a Nepali Army Colonel suspected of torture, the government of Nepal’s failure to pursue truth and accountability for conflict-era violations can have serious consequences. Rather than resisting UK efforts to implement its obligations under international law, the Nepali government should develop a full transitional justice programme and redouble its efforts to provide truth, justice and reparations inside the country.

In January 2012, Guatemalan General Ríos Montt was formally charged with genocide for ordering massacres during the genocide in Guatemala. Only a year later, justice for victims has come under threat: Guatemalans and the international community are gravely concerned that the Constitutional Court could be pressured into granting amnesty. On Thursday, December 20, ICTJ joined colleagues and partners in the field to send a strong message to Guatemala: architects of atrocity must be held to account.

Six years after the conflict ended, the government of Nepal has failed to initiate a comprehensive investigation into the past. As a result, it has failed to uphold the rights of victims and Nepali society to know the truth about abuses. Inaction is particularly cruel regarding the relatives of the disappeared, for whom lack of information on the fate and whereabouts of their loved ones equates to permanent anguish and extreme suffering.

In Guatemala, it has taken years of relentless organizing by civil society and cooperation with international partners to begin to prosecute the most responsible, but progress has been made. Claudia Paz y Paz Bailey, currently the prosecutor general and head of the Public Prosecutor’s Office, has played an instrumental role in the struggle for accountability. In this recent interview, ICTJ spoke with Ms. Paz about confronting the legacy of the past at the national level within an international system of global criminal justice.

ICTJ partnered with the Center for Global Affairs at New York University to explore how political will of international and national actors impacts national war crimes proceedings. The panel examined four diverse country scenarios - the Democratic Republic of the Congo, Serbia, Iraq, and Guatemala.

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.

When perpetrators of serious international crimes are brought to justice by the country in which they committed their crimes, it signals a strong commitment to accountability and the rule of law. To ensure that domestic investigations and prosecutions occur for serious crimes such as genocide and crimes against humanity, the need for international assistance goes beyond the walls of the courtroom: development agencies and rule of law actors can provide countries with essential support to fairly and effectively prosecute serious international crimes in their own courts.