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This volume examines the effects, risks, and potential of extending the field of transitional justice to cases that do not present a key moment of political transition to peace or democracy and instead are defined by political continuity and ongoing conflict. It begins with analyses o...

President Obama’s long-awaited plan to increase the number of US troops in Afghanistan is meant to include a number of benchmarks aimed at stabilizing Afghanistan as part of an overall strategy to defeat or contain Taliban/al-Qaeda extremists.

After several years hiatus, ICTJ has recently resumed work in Afghanistan. Last month, ICTJ’s communication intern, Edward Mercado-Gumbs, sat down with expert and cohead of ICTJ’s program in Afghanistan Reem El Gantri to discuss ICTJ’s latest engagement in the country, as well as the prospects for justice and peace.

It only takes a quick skim of the daily news to see how the world has yet again failed Afghan civilians. Afghanistan has not had many good years in the past four decades of war, but the past 15 months have been decidedly fraught. The current chaos and spiking violence are proof that, despite what the US government has proclaimed, the “forever war” rages on. Peace and meaningful, victim-centered justice remain elusive.

Afghanistan is a tragic example of how a country in transition can dramatically reverse course on the arduous path toward peace and democracy and return to an abyss of violence and repression at breakneck speed. In the span of a few short weeks, the Taliban regained control over the country. When they finally entered Kabul, the internationally backed Afghan government collapsed. Now in charge, the Taliban has lost no time in demonstrating their goal to re-impose the same extremist and oppressive rule, despite initial declarations affirming a commitment to peace and human rights.

In 2021, there were significant developments, some hopeful and some devastating, in the struggle for truth, accountability, and redress in countries around the world. ICTJ experts covered these events in commentaries and feature stories published on our website and in our newsletters. While 2022 is already underway and we at ICTJ are hard at work, we would like to pause a moment to take stock and reflect on the year that was.

In Afghanistan's nation-building process, security has been prioritized over justice. Slow progress on crucial institutional reforms continues to impede efforts to create a competent and professional police force, a functioning civil service, and an accountable judiciary; all three of...

In Afghanistan's nation-building process, security has been prioritized over justice. Slow progress on crucial institutional reforms continues to impede efforts to create a competent and professional police force, a functioning civil service, and an accountable judiciary; all three of...

This study explores a transitional justice approach to the dilemma of foreign fighters in violent conflict. Such an approach can help center human rights in comprehensive responses to foreign fighters, and shift the current focus from security and punishment to justice and long-term p...

Image of Children looking through holes in a tent at al-Hol displacement camp in Hasaka governorate, Syria, on April 2, 2019.

New York, December 10, 2021—In contexts such as Afghanistan, Bosnia, Chechnya, Iraq, Somalia, and Syria, hundreds, sometimes thousands, of individuals have crossed national borders to engage in violent conflicts in which serious human rights violations and mass atrocities have been committed...

Since the Taliban seized control of Afghanistan in August 2021, the regime has put in place a series of policies severely restricting independent media and giving it all but total control over news outlets and their content. Kobra Moradi is a lawyer and researcher working with Afghanistan Human Rights and Democracy Organization and author of the recent report, Afghan Media Under the Taliban: Restrictions and Violations. ICTJ sat down with the author to learn more about what impact these restrictions have had on journalists and the free press, and the important role media can still play in such a repressive regime.

ICTJ’s partner Afghanistan Human Rights and Democracy Organization (AHRDO) recently opened a new virtual museum and database dedicated to Afghan victims of conflict and human rights abuses. “The Afghanistan Memory House” not only preserves the memory of these victims but helps pave the path for truth and justice. To launch the virtual museum, ICTJ and AHRDO cohosted a panel discussion on memorialization, moderated BBC journalist Lyse Doucet, in ICTJ’s office in New York this past December.

On August 20, 2009, Afghans went to the polls for the third time since the U.S.-led military intervention in 2001. Accountability and justice were underlying themes in the election, as made clear by many of the issues that attracted public attention. Nonetheless “calls for justice” re...

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.

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...

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 ...

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...

Although the inclusion of an amnesty clause was avoided in the stabilization and state-building agreement signed in December 2001, the Afghan government has shown little political will to promote transitional justice.

In Afghanistan, community theater has begun to be used as a method of transitional justice to give victims a voice and create positive impulses for peacebuilding. According to a new briefing paper released by ICTJ, through theater, victims are able to create a “safe space” to discuss ...

This briefing note provides a short overview of the conflict in Afghanistan's recent history, and the ongoing discussions and initiatives to address human rights violations and war crimes there. The state-building process, launched in 2001 after the ousting of the Taliban regime, has ...

“Through a New Lens: A Child-Sensitive Approach to Transitional Justice” analyzes experiences of four countries—Liberia, Democratic Republic of Congo (DRC), Colombia and Nepal—and identifies some key lessons on children’s participation in transitional justice measures. Authored by Céc...

JAKARTA, Nov. 15, 2011—Experts and stakeholders from Cambodia, the Philippines, Bangladesh, Indonesia, Burma, Timor-Leste, Thailand, and Nepal, along with international experts are gathering in Jakarta’s Hotel Atlet from November 15–16 to discuss the need for progress on prosecuting serious crimes in Asia.

During peace negotiations, there is often a belief that providing amnesties for certain crimes will help promote national reconciliation. Nepal's Truth and Reconciliation Commission (TRC) Bill currently contains provisions on both amnesty and reconciliation. However, the Bill itself i...

As Nepal’s parliament enters the final discussions on a draft Truth and Reconciliation Commission (TRC) bill, questions remain regarding the relationship between amnesty and reconciliation provisions within the bill.

Based on interviews with 1,200 people, this study assesses conflict victims' experience with the government's Interim Relief Program since its inception in 2008. The findings are intended to inform a future reparations policy that would seek to help those whose human rights were viola...

Five years since the end of Nepal's brutal civil war, victims are losing patience waiting for truth, justice, and reparation. Last year ICTJ completed a six month research project to analyze the effects of the the government's Interim Relief Program and determine the steps still required for Nepal to fulfill its obligation to provide reparations to victims. The findings have been published in a report titled “ From Relief to Reparations: Listening to the Voices of Victims.”

Indigenous peoples are among those most affected by contemporary conflict. The resource-rich territories they occupy are coveted by powerful, often violent groups. Their identity is perceived with mistrust, sometimes with hate. Indigenous communities live at a precarious intersection ...

In societies confronting the legacies of war, tyranny, or entrenched injustice, the experiences of indigenous people have often been marginalized. ICTJ has published a handbook offering guidance on planning truth commissions and commissions of inquiry that safeguard the interests of indigenous communities and address violations against them.

Nepal’s armed conflict ended six years ago, but commitments made to pursue accountability and establish oversight over security forces have yet to be implemented. ICTJ’s briefing paper “Building Trust and Strengthening the Rule of Law” examines how an ad hoc vetting mechanism for officers in senior command positions could help consolidate democracy in Nepal. Author Alexander Mayer-Rieckh says that as Nepal abandons its commitments to pursue accountability for serious crimes, it undermines the ability of its security forces to maintain the rule of law and protect a new era of peace.

ICTJ’s briefing paper “Building Trust and Strengthening the Rule of Law” examines how an ad hoc vetting mechanism for officers in senior command positions could help consolidate democracy in Nepal. Author Alexander Mayer-Rieckh says that as Nepal abandons its commitments to pursue acc...

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.

The report examines the measures taken in Nepal to redress victims following the 2006 peace agreement, which formally ended the ten-year civil war between the government and Maoist rebels. It looks closely at the Interim Relief Program (IRP) — a compensation scheme instituted in 2008 ...

Six years after a peace agreement formally ended the conflict in Nepal, the slow, painstaking process of building the country’s new democracy has yet to provide comprehensive reparation to victims. To fully acknowledge the experience of victims of the conflict, Nepal’s government should not mistake the issuance of relief through material benefits for the implementation of a comprehensive reparation program. This is one of the central recommendations of "Relief, Reparations, and the Root Causes of Conflict in Nepal," a major new report from ICTJ, and authored by Ruben Carranza.

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.

This briefing paper sets out the obligations of the state and international best practice with respect to the right to truth, both as a key element of a transitional justice strategy and as a critical component of providing effective remedy to victims of gross violations of human righ...

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.

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 this edition of ICTJ's Program report, Kelli Muddell, director of ICTJ's Gender Justice program, reflects on ICTJ’s vision of gender justice, the challenges facing survivors of sexual and gender-based violence in times of transition, and how ICTJ is working to address inequality in countries like Colombia, Nepal, and Tunisia.

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.

In the brutality of armed conflict or tyranny of a repressive regime, many who go missing are never found again: whether “disappeared” by agents of the state or abducted by an armed faction, the whereabouts of thousands are still unknown to this day. On this International Day of the Disappeared, ICTJ recognizes that enforced disappearances constitute crimes against humanity, and they affect women in ways unique from the impact on men.

Enforced disappearances are among the cruelest of crimes. To the kidnapping, torture, and in many cases, murder of the victim, perpetrators intentionally create fear and uncertainty about the fate of the missing person. Although men are predominantly targeted, the impact on women is severe and lasting.

Based on the findings of over 450 interviews, this briefing paper looks at the socioeconomic impact of enforced disappearances on the wives of the disappeared in Nepal. More than 1,000 people remain unaccounted for after Nepal’s 10-year conflict ended in 2006. The majority were young ...

In a briefing paper released on the eve of the International Day of the Disappeared, ICTJ documents the experience of the wives of the disappeared in Nepal and calls for measures to address the poverty, social stigma, and legal limbo they continue to face in their day-to-day lives.

In this opinion piece, Lucia Withers argues that Nepal's elected parties and their representatives should not limit their discussions to the establishment of a truth commission or whether it will provide for amnesties and/or prosecutions. Rather, they should focus on designing policies that are more comprehensive and that would better serve the rights and needs of conflict victims and contribute to broader peace-building efforts.

Dating back to the 1980s, when peace settlements were made across Latin America, truth commissions have become an important component of peace negotiations. In this opinion piece, ICTJ President David Tolbert calls for societies to give truth commissions a chance of fulfilling their potential by learning from their failures and success.

In this op-ed marking Universal Children’s Day, ICTJ's Virginie Ladisch explains why within transitional justice, the capacity to make positive choices and demonstrate moral agency are attributes that need to be encouraged and fostered in children, especially former child soldiers.

Can truth commissions help secure a just peace following a violent conflict in which massive human rights abuses are committed? In this special series of the ICTJ Forum, we present a series of conversations with some of the world’s top peace mediators and truth commission experts, whose collective experience include years on the front lines of critical peace agreements in Latin America, Africa, the Middle East, and Asia.

To mark International Women’s Day, we invite you to read about four countries at the top of our gender justice priorities in the coming year, each with its own history, context, and complex sets of challenges.

As Nepal’s Parliament discussed key proposal to establish truth-seeking bodies, the ICTJ expresses deep concern that the bill retains flaws already rejected by the country’s Supreme Court in January.

Seven and a half years after the signing of the Comprehensive Peace Agreement, Nepal's Parliament voted to establish the Truth and Reconciliation Commission and a Commission of Investigation on Disappeared Persons. In this op-ed, ICTJ's Eduardo González Cueva explains why many victims have rejected the bill.