261 results

In collaboration with the Brookings-LSE Project on Internal Displacement, ICTJ’s Research Unit examined how transitional justice can be used to address the range of injustices associated with displacement and thereby serve as part of a comprehensive approach to the resolution of displ...

Though not a state party to the Rome Statute, Cote d’Ivoire accepted the jurisdiction of the ICC through an ad hoc declaration in April 2003, and in December of 2010—in the wake of the post-election crisis—reaffirmed that declaration. It has been more than one year since Cote d’Ivoire began a critical transition from a decade-long civil war that divided the country and led to widespread human rights violations, forced displacement, and loss of civilian lives and property.

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.

Why pursue transitional justice in the aftermath of massive human rights violations? “The Case for Justice” provides a window into the debate about the relevance of transitional justice in today’s world.

ICTJ recently released its 2011 annual report, covering the period from September 2010 through August 2011. Our tenth anniversary year, it has also been a period of transition for ICTJ and for transitional justice, as we responded to new opportunities in North Africa and the Middle East, and refocused on our future by embarking on a new strategic planning process.

July 1, 2012 marked the 10th anniversary of the International Criminal Court (ICC). On this day in 2002, the Rome Statute entered into force to establish the world’s first permanent, international criminal tribunal. On this occasion, we invited ICC Judge Silvia Fernandez de Gurmendi to speak with us for ICTJ’s latest podcast. [Download](/sites/default/files/Fernandez_ICTJ_Podcast_06172012.mp3) | Duration: 18:32mins | File size: 10.6MB

The Truth and Reconciliation Commission (TRC) of Canada held its fourth national event in Saskatoon, Saskatchewan June 21. After attending a prior hearing, students from the We'koqma'q Mi'kmaw School in Nova Scotia created “Our Legacy Our Hope,” a documentary bearing witness to the intergenerational effects of Residential Schools and the ongoing work of the commission to address these legacies.

Ivory Coast has embarked on a process of addressing the legacy of internal strife that culminated in the violence following the 2010 presidential elections. There seems to be genuine political will to pursue transitional justice through criminal investigations and truth-seeking, but serious challenges remain. Suliman Baldo, head of ICTJ's Africa Program, discusses these developments in our latest podcast. [Download](/sites/default/files/Baldo_ICTJ_Podcast_06072012.mp3) | Duration: 19.07mins | File size: 10.9MB

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.

The trial of Ratko Mladic for genocide, crimes against humanity, and multiple war crimes committed during the war in Bosnia and Herzegovina, began yesterday. But these charges have done little to damage the hero status he enjoys today among the majority of Serbs, writes Refik Hodzic. Unless this legacy is addressed in the communities of Srebrenica and the rest of Bosnia, the outcome of his trial may prove to be merely symbolic, if that.

In seeking to establish accountability for past atrocity, many transitional justice mandates have also sought to redress crimes against indigenous populations. To further explore this relationship, ICTJ and our partners in Canada and Colombia are holding two side events to the UN Permanent Forum on Indigenous Issues.

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 ...

As ArcelorMittal, the world’s largest steel company, invests 19.2 million pounds of steel to construct a monument marking London’s Olympic Games, a disturbing story is emerging about the refusal to memorialize a former concentration camp in Bosnia it owns today. Not only is ArcelorMittal unwilling to provide even a fraction of the cost of the London “Orbit” to commemorate the suffering of Bosnians in the notorious Omarska camp, but it has recently started denying victims access to the site.

Ceremonies throughout Bosnia and Herzegovina today mark 20 years since the beginning of the conflict that saw the worst atrocities in Europe since World War II. In this podcast Refik Hodzic, our communications director and a Bosnian justice activist and journalist, discusses the obstacles Bosnia is facing in achieving a reckoning with its troubled recent past. [Download](/sites/default/files/Hodzic_ICTJ_Podcast_04062012.mp3) | Duration: 10:17mins | File size: 5.88MB

The Spanish Supreme Court has ruled the judiciary has no place investigating the deaths and disappearances of the Franco era. The verdict is a disappointment for the victims of Francoism and confirms Spain remains unwilling to deliver justice for the crimes of the past, writes Eduardo González, director of ICTJ's Truth and Memory program

Canada’s Truth and Reconciliation Commission (TRC) released its interim report and a new historical publication titled They Came for the Children in Vancouver today. The TRC was established in 2008 to examine and make public the truth about Canada’s former Indian Residential Schools, a system designed to forcibly assimilate aboriginal children. From 1874 to 1996 more than 150,000 children were taken from their families and placed in church-run schools. They were prohibited from speaking their native languages and practicing cultural traditions, and physical, sexual, and emotional violence was commonplace.

The War Crimes Chamber of Bosnia’s State Court is one of the most successful undertakings to address the legacy of mass atrocities in national courts. As this important institution finds itself under serious threat, the European Union must act quickly to put a stop to attempts of the Bosnian Serb political leadership to undermine Bosnia’s capacity to prosecute war crimes at state level.

Property Rights in Kosovo explores cultural, political and social factors dating as far back as the Ottoman period that have contributed to the present state of property rights. It examines the legacy of the armed conflict and NATO intervention of 1999 in the massive population displa...

As ICTJ co-hosts a discussion on complementarity on the margins of the Assembly of State Parties (ASP) of the International Criminal Court (ICC), the principle of ensuring accountability for serious crimes has seen a major breakthrough at a recent high-level meeting at Greentree. The meeting brought together international justice actors, development practitioners, UN representatives, and national rule of law actors to discuss the practical implementation of complementarity and how to strengthen domestic systems seeking to investigate serious crimes.

In an effort to advance dialogue on accountability for crimes against humanity and genocide, ICTJ has launched a special podcast series on complementarity, speaking with leading global voices in international and national justice, civil society, policy, and development. [Download](/sites/default/files/Greentree_Collage_ICTJ_Podcast_12142011.mp3) | Duration: 09:51mins | File size: 5.6KB

NEW YORK, Dec. 14, 2011—ICTJ welcomes the election of Fatou Bensouda of Gambia as the next prosecutor of the International Criminal Court (ICC). Ms. Bensouda was unanimously elected December 12 by the Assembly of States Parties (ASP) during its 10th session in New York City, and will be the court's second prosecutor, commencing in June 2012.

View the live broadcast of tonight's panel discussion with Richard Goldstone, David Tolbert, Hassan Jallow and Diane Orentlicher from 6:30pm–8:30pm.

As part of an ongoing partnership between ICTJ’s Children and Youth Program and the Truth and Reconciliation Commission (TRC) of Canada, youth from throughout Canada attended the third national TRC hearings to document the work of the commission. This weekend they are attending a retreat to finalize their radio segments and short films to raise awareness about what they have learned.

Join ICTJ as we co-host a delegation of RECOM’s leaders at two events in New York on November 14 and 15. They will share their experience campaigning for truth in the Western Balkans, present the draft mandate submitted to the presidents of the region, and discuss a successful public campaign that has gathered over 500,000 signatures in support of the commission.

ICTJ hosted its third Intensive Course, Truth-seeking and the Challenge of Sustainable Peace, on September 26–30. Based on concrete field experience, the participants explored the relationship between truth-seeking and peace in societies that have experienced or are still experiencing armed conflict.

In this podcast, Alma Masic, director of the Youth Initiative for Human Rights in Bosnia and Herzegovina, discusses her work on virtual memorials related to the crimes that occurred in Bosnia in the 1990s and the significance of truth and memory in the region. [Download](/sites/default/files/Masic_ICTJ_Podcast_07312011.mp3) | Duration: 7:40mins | File size: 4.38MB

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.

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

“Residential schools affected everything about how we live. They targeted and destroyed our strong family unit, the basic foundation of our communities. They destroyed the glue that holds us together—love, respect and sharing.” These words, spoken by Charlie Furlong, a community leader of the Gwich'in people of Canada’s Northwest Territories, sum up the chilling legacy of the country’s policy of forced assimilation of indigenous cultures implemented through a system of Indian Residential Schools (IRS) from the 1870s to 1998.

The Canadian Truth and Reconciliation Commission (TRC) will hold its second of seven national events from June 28 to July 1 in Inuvik, Northwest Territories. The event will provide survivors of Canada’s Indian Residential Schools (IRS) and other participants an opportunity to contribute to documenting and publicizing what took place in this program of forced assimilation.

This memorandum is a legal analysis of the applicability of the UN Convention on the Prevention and Punishment of the Crime of Genocide to events which occurred in Turkey-Armenia during the early twentieth century. It was drafted by independent legal counsel based on a request made to...

This study examines various aspects of existing reparations following the 1991-1999 conflicts in the former Yugoslavia. It clarifies the different categories of reparation; identifies groups potentially entitled to compensation; assesses the extent and fairness of existing policies; a...

The arrest of Ratko Mladic reignited debates on a wide spectrum of related issues, from its implications on the prospects for true reckoning with the past in the countries of the former Yugoslavia to the possible jolt it will give to Serbia’s hopes of joining the European Union. Beyond the immediate impact on the region, the strongest reverberations of Mladic’s transfer to the International Criminal Tribunal for the former Yugoslavia (ICTY) will be felt in the discourse on international justice.

This study identifies the range of agencies in and outside the former Yugoslavia that collect documentation on war crimes and other human rights violations committed in the 1991-1999 wars. Several factors that point to the need for an overview of data-collecting agencies in the region...

Since the end of open armed conflict in the former Yugoslavia, there has been little progress in transitional justice. This particularly applies to Serbia and Montenegro, which has lurched from one political crisis to another. This paper provides an overview of some of the major issue...

This paper provides an overview of the major issues and recent developments in transitional justice in Bosnia and Herzegovina (BiH). It examines the International Criminal Tribunal for the former Yugoslavia (ICTY), local trials, the proposed Truth and Reconciliation Commission, the Sr...

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...

This case study offers an overview of some of the major issues and recent developments in transitional justice in Croatia. While the main focus is on war crimes prosecutions before the International Criminal Tribunal for the former Yugoslavia and Croatian courts, it also examines trut...

This case study reviews and analyzes the deployment of international judges and prosecutors in Kosovo. It is part of a series providing information on hybrid courts' policy and practical issues. Although the Kosovo system of international judges and prosecutors has made significant st...

This report examines the effectiveness of war crimes prosecutions in Serbia. While the War Crimes Chamber (WCC) and the Office of the War Crimes Prosecutor (OWCP) have had some success, significant concerns exist - such as opposition from ethnic nationalists. Despite shortcomings, the...

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.

The European Union has an extensive commitment to peacebuilding. This includes the whole range of relevant EU activities, from facilitating peace agreements and crisis management under the Common Foreign and Security Policy (CFSP), to short, medium, and long-term peacebuilding program...

The application of transitional justice mechanisms, such as war crimes trials and reparations, has significant flaws in Serbia. Lack of progress may be even greater in truth-seeking and vetting of public officials. Serbia must do much more in all areas of transitional justice, for its...

The War Crimes Chamber of the Court of Bosnia and Herzegovina, which began its work 9 March 2005, has been the most significant national effort in Bosnia and Herzegovina to investigate and prosecute persons allegedly involved in serious violations of international law during the 1992–...

Indigenous populations throughout the world are widely recognized as groups affected by political and economic marginalization. Countries that have used truth commissions to examine patterns of exclusion—including Chile, Guatemala and Peru—have found clear links between racism, politi...

As the first national truth commission to be created in an established democracy, Canada’s Truth and Reconciliation Commission (TRC) is a bold experiment. It is also the first TRC to focus exclusively on crimes committed against children and indigenous groups.

Treatment of historical legacies of discrimination against Aboriginal groups in Canada (First Nations, Inuit, Métis) currently focuses on settlement for abuses committed against Aboriginal children in educational institutions known as “Indian Residential Schools” (IRSs), which pursued...

Transitional Justice and Georgia's Conflicts: Breaking the Silence examines the conflicts involving Georgia from a transitional justice perspective. Frichova argues that introducing this dimension into the public discourse in Georgia and its breakaway territories could help advance co...

The purpose of this paper is to provide an overview of some of the major issues and recent developments in transitional justice in Serbia and Montenegro. In particular, it examines the International Criminal Tribunal for the former Yugoslavia (ICTY), local trials, the national Truth a...

The transitional justice review of Bosnia and Herzegovina says that in spite of important achievements in Bosnia and Herzegovina in terms of transitional justice, a number of substantive concerns remain. The report's recommendations include supporting the implementation of the Nationa...