87 results

The report documents that practices that included slamming detainees into walls, extended sleep deprivation, suspending them by the arms, forced nudity, threats, prolonged shackling in uncomfortable positions and disrespect of the Qur'an, were the result of officially sanctioned polic...

This Brief of Amici Curiae is respectfully submitted by several human rights and torture treatment organizations pursuant to Federal Rule of Appellate Procedure 29 and District of Columbia Circuit Rule 29. The Brief is filed in support of the Plaintiffs-Appellants and seeks the revers...

In dealing with counterterrorism detainees after 2001, the United States breached its obligations under the UN Convention Against Torture (CAT) and other sources of international human rights and humanitarian law. Although the current administration has turned away from some former p...

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...

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,...

This update covers the first, complainant phase of the Anfal trial, which lasted for twenty-three sessions from August 21 to November 27, 2006. Seventy-six complainants presented testimony regarding their experiences during the Anfal campaign. Information is taken directly from obser...

Details the range of measures that will be needed to address the consequences of abuses committed during the U.S. "war on terror," including independent investigations, public disclosure of the truth, prosecutions of those responsible for abuses and redress for victims of serious harm...

Response to the first 100 days of the Obama administration and the disclosure of evidence detailing abusive treatment of detainees in the "war on terror." ICTJ recommends the appointment of a special prosecutor, the creation of an independent, nonpartisan commission of inquiry and con...

On August 24, 2009, U.S. Attorney General Eric Holder announced that he was appointing Assistant U.S. Attorney John Durham to conduct a preliminary review into the possibility that federal laws were violated in the interrogation of specific detainees outside of the United States. The ...

Amicus curiae on petition for a writ of certiorari, to the United States Court of Appeals for the second circuit.

On January 12, 2008, the Iraqi parliament passed the “Law of the Supreme National Commission for Accountability and Justice.” The new law replaces the earlier framework governing Iraq’s De-Ba’athification policies. This document is intended to provide a short summary and preliminary a...

In the U.S., the democratic principle that openness in government can act as an important check against the possibility of government abuse has been steadily undermined. A critical information gap, only partially addressed through fragmented investigative efforts within and outside go...

Unofficial Translation of Iraq’s Accountability and Justice Law.

This report is based on data obtained from extensive interviews and focus group discussions conducted in July and August 2003 with representatives from a broad cross-section of the Iraqi population. The report’s conclusions and recommendations are divided into seven main areas: past h...

This paper evaluates the Dujail trial, the first of fourteen trials in Iraq against persons accused of crimes against humanity. Although the trial was potentially a new attempt at Iraqi justice, it fell short in many ways. Ultimately, it was rendered ineffective due to political inter...

This report provides an update on the developments in the Anfal trial before the Iraqi High Tribunal, including the trial of Saddam Hussein, his cousin Ali Hassan al-Majid, and five other co-defendants. This update focuses on the prosecution witness and documentary evidence phases of ...

This article examines and evaluates the Iraq Tribunal's Dujail Trial. The trial marks the beginning of a longer accountability process in the country and can potentially make a lasting contribution to transitional justice. This study assesses the fairness and effectiveness of the tria...

This update series summarizes developments in the Anfal trial of Saddam Hussein, his cousin Ali Hassan al-Majid, and five other co-defendants before the Iraqi High Tribunal. It covers the trial's defense and closing phases. Five of the six defendants were sentenced to either multiple ...

This paper summarizes the basic facts about the Dujail trial, the first trial before the Iraqi High Tribunal (IHT) against Saddam Hussein and seven others. It also summarizes facts about the IHT in general. It considers both what the Iraqis wanted out of the trial, what such prosecuti...

This report disscusses the Greensboro Truth and Reonciliation Commission's Final Report on the 1979 killings of five anti-Ku Klux Klan demonstrators. It focuses on a meeting of representatives from truth recovery efforts around the world to assess the Greensboro experience. Topics cov...

This paper discusses the significance of the trials of Saddam Hussein and his close associates held by the Supreme Iraqi Criminal Tribunal. It examines the challenges faced by the Tribunal - including concerns that the process was dominated by the U.S. government (hence undermining t...

This report describes the Supreme Iraqi Criminal Tribunal. It discusses the court's establishment and organization, jurisdiction, individual criminal responsibility, rules of procedure and evidence, and general principles of criminal law. It examines, in depth, the guidelines and fram...

ICTJ's expert conference on the relationship between truth-seeking and indigenous rights is in session. View the live stream here.

ICTJ hosted a conference on “Strengthening Indigenous Rights through Truth Commissions” July 19-21, 2011. Regional and international experts convened to discuss how truth commissions can incorporate and address indigenous peoples’ rights. Videos of each session and summaries of the conference proceedings are available.

Since 1990, 65 former heads of state or government have been legitimately prosecuted for serious human rights or financial crimes. Many of these leaders were brought to trial in reasonably free and fair judicial processes, and some served time in prison as a result. This book explores...

Recent speculation indicates that U.S. President George W. Bush may grant pardons to administration officials and members of the military who might face prosecution for authorizing, ordering, endorsing, justifying or committing acts pursuant to the “war on terror.” While a pardon appl...

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

Examples of pardons in international jurisprudence, including Inter-American Court and Commission, European Court of Human Rights, UN Treaty Bodies, and the African Commission on Human and Peoples’ Rights.

Research Brief: Selected examples of Defence, Intelligence and Justice Investigative Reports into detention and interrogation practices.

Whether the government can lawfully rely on Exemption 7(F) of the Freedom of Information Act, 5 U.S.C. § 552(b)(7)(F), to withhold photographs depicting the abuse of prisoners held in U.S. custody without identifying with reasonable specificity any individuals who could reasonably be ...

On June 29, the government of Maine joined chiefs from the state's five tribes to sign an agreement creating the Wabanaki-State Child Welfare Truth and Reconciliation Commission. Eduardo Gonzalez, director of ICTJ's Truth and Memory Program, attended the signing ceremony, and spoke about its importance—both local and global—in an interview with the Maine Public Broadcasting Network. Listen to the interview MPBN 04:54min

As we mark July 17, designated International Justice Day by the states parties of the International Criminal Court (ICC) just over two years ago, we should not limit our focus to the work of the court or criminal justice as such. Pursuing justice in the aftermath of atrocity presents an opportunity to do three crucial things: reaffirm a society’s shared values about basic ideas of right and wrong; restore confidence in the institutions of the state charged with protecting fundamental rights and freedoms; and recognize the human dignity of the victims of atrocities that have taken place.

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.

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.

Indigenous rights are increasingly being addressed through different transitional justice measures, and ICTJ is actively involved in the discourse on how truth commissions and other transitional justice mechanisms can help the struggle for the rights of indigenous people.

Maine’s foster care system was intended to act in the best interests of all children. But for indigenous children removed from their communities and placed with white families, often without the consent of their parents or tribes, the foster care system caused the painful loss of their cultural identity and traumatic severing from their heritage.

From February 27-March 1, leading indigenous rights activists from around the world will join their counterparts and other experts at Columbia University to discuss access to truth, justice, and reconciliation for indigenous peoples.

Based on significant field research and interviews with the Higher National de-Baathification Commission, this report focuses on Iraq’s purge of members of Saddam Hussein’s Baath Party, which is the most well-known example of large-scale and politically based dismissals in the Middle ...

The International Center for Transitional Justice (ICTJ) released a new report today providing detailed information and analysis on how Iraq dismantled Saddam Hussein’s Baath Party and purged state institutions of party members. The report, titled “A Bitter Legacy: Lessons of De-Baathification in Iraq,” carries valuable lessons for countries in the Middle East and North Africa (MENA) as they consider how to deal with legacies of abuse by the security and political apparatuses of former regimes.

From its inception in 2003, the process of de-Baathification – the purge of Iraq’s state institutions of Saddam Hussein’s Baath Party members in the aftermath of the US-led invasion - polarized Iraqi politics and led to the collapse of many state functions. Today, Iraq continues to be haunted by its legacy. An examination of Iraq’s flawed vetting experience is presented in a major new ICTJ report, titled "A Bitter Legacy: Lessons of De-Baathification in Iraq."

ICTJ’s president David Tolbert will be one of the featured speakers at this year’s Al Jazeera Forum in Doha, Qatar, which aims to explore the complex transformation of the socio-political and media landscapes of the Middle East and North Africa.

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?

In this new opinion piece, ICTJ President David Tolbert says the United States has publicly lauded the rule of law as it applies to other countries and offered significant financial and political support to torture victims of foreign regimes; yet it has failed to acknowledge or address its obligation to victims of its own detention policies. To regain its credibility in the eyes of the world, the US government must take steps to acknowledge and address past violations and provide redress to victims of US-sanctioned abuses.

Reparations seek to recognize and address the harms suffered by victims of systematic human rights violations. ICTJ’s Reparative Justice program provides knowledge and comparative experience on reparations to victims' groups, civil society and policymakers worldwide. In this edition of the ICTJ Program Report, we look at ICTJ's work on reparations in dynamic transitional contexts such as Nepal, Colombia, Peru, DRC, and Uganda.

The Maine Wabanaki-State Child Welfare Truth and Reconciliation Commission (TRC), the first of its type in the United States, marks one year of work.

ICTJ President David Tolbert will be a featured speaker at this year’s Al Jazeera Forum in Doha, Qatar. Al Jazeera Forum is the flagship event of Al Jazeera Media Network, at which Al Jazeera showcases its contribution to the world of media and politics.

In this edition of the ICTJ Program Report, ICTJ Senior Associate Felix Reátegui discusses the principles behind the Truth and Memory program, and explains the imperatives of uncovering, acknowledging, and memorializing the past.

With the publication of the much-delayed US Senate Intelligence Committee’s partial report on the CIA’s Detention and Interrogation Program, at long last the truth is out. In this op-ed, ICTJ's President David Tolbert asks the United States to acknowledge the truth, hold the perpetrators accountable and address its obligation to the victims of its detention policies.

Donald Trump is on a road to undermine the progress that decades of struggle has achieved - the time for action and resistance is now. The human rights movement must come together to resist his agenda, writes ICTJ President David Tolbert.