140 results

Two years after the Democratic Republic of Congo held its first elections since independence, the country is at a crossroads. One of the key challenges facing the DRC today is the question of how the country will address the massive human rights atrocities of its recent past to establ...

From 1976 to 1983 Argentina was ruled by a military dictatorship and an estimated 10,000 to 30,000 people "disappeared." This paper outlines transitional justice developments in Argentina - including the investigation and prosecution of human rights violations. The current movement to...

In meeting spaces in Goma, Bukavu, and Bunia, activists and magistrates are discussing ways that they can work together to improve the prosecution of international crimes in the region and address the concerns of local communities.

A new ICTJ report argues that in Africa's interconnected Great Lakes region, each country’s attempt to provide justice for past violations offers lessons for similar processes in others. We gathered civil society activists from across the region to discuss which strategies have worked for them, which have not, and opened up about the greatest challenges they face in securing justice.

In a major effort to promote accountability for serious crimes in Africa, ICTJ joined hundreds of human rights groups and transitional justice partners to ask the African Union to prioritize justice. Addressed to the new African Union (AU) Chairperson Dr. Nkosazana Dlamini-Zuma, the letter warns that strained relationships between the AU and the International Criminal Court (ICC) may put justice at risk.

Background on the role of amnesty in processes of transitional justice and the 2009 DRC Amnesty Law. Given a fragile justice system and culture of impunity, this law risks rewarding blanket amnesty for all crimes committed in the DRC. ICTJ gives suggestions to break the culture of imp...

ICTJ spoke with Pablo Parenti about the trial that just concluded which investigated human rights violations and crimes against humanity that occurred at the Naval Mechanics School (ESMA), used as a detention and torture center during the Argentine dictatorship.

Jean-Pierre Bemba's sentencing is a landmark for the International Criminal Court. Paul Seils looks at how it may reverberate into the future.

The global struggle against impunity relies on a frontline of national judicial systems willing and able to prosecute war crimes, crimes against humanity, and genocide. In this final podcast on complementarity, Phakiso Mochochoko, head of the Jurisdiction, Complementarity, and Cooperation Division of the International Criminal Court, discusses the role the court must play in supporting complementarity in practice. [Download](/sites/default/files/Mochochoko_ICTJ_Podcast_03202012.mp3) | Duration: 10:17mins | File size: 5.88MB

This paper provides a description of the brief proceedings against Callixte Mbarushimana and Sylvestre Mudacumura before the International Criminal Court.

This briefing paper provides an overview of the proceedings against Germain Katanga and Mathieu Ngudjolo before the International Criminal Court. The conviction and sentence against Katanga signifies the first final judgment of the ICC.

This briefing paper provides an overview of the proceedings against Thomas Lubanga before the International Criminal Court since the start of the prosecutor’s investigation in 2004 until the 2012 decisions of Trial Chamber I concerning the verdict, the sentence, and reparations. It id...

This joint report by ICTJ and the Kofi Annan Foundation explores common assumptions about why truth commissions are created in the wake of armed conflict and what factors make them more likely to succeed – or fail. It arises from a high-level symposium hosted by the two organizations ...

ICTJ welcomes the decision by the Special Court for Sierra Leone to uphold the guilty verdict against former Liberian President Charles Taylor for war crimes and crimes against humanity. The court dismissed challenges from Taylor’s defense, and the prosecution’s request for the sentence to be increased to 80 years, and affirmed his 50-year sentence with immediate effect.

The conviction of former Liberian president Charles Taylor for crimes against humanity and war crimes committed in neighboring Sierra Leone finds both West African countries and the region grappling with his terrible legacy. And while the people, and especially Taylor’s victims, in Sierra Leone welcome it as an important step in the country’s effort to overcome the consequences of the brutal civil war, Liberians are still a long way from seeing accountability for the suffering they endured.

ICTJ held a series of workshops in Goma, Bukavu, and Bunia, Eastern DRC, from November 13 until November 20 to discuss opportunities for greater interaction and collaboration between civil society and criminal justice officials to advance the prosecution of international crimes in the Congo, in order to better address the concerns of affected communities.

Colonel Muntazini serves as the focal point for cooperation between the ICC and the military justice system of the DRC, making him ideally placed to explain the practical implications of complementarity. Read his review of our Handbook on Complementarity and discover how it applies to his country and his work.

This report aims to help practitioners in the transitional justice field to understand the experience of establishing and operating hybrid courts and to address some common assumptions about these entities. To do so, it looks at hybrid or mixed courts in practice, drawing on experienc...

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. ...

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. ...

Background on conflict in the Democratic Republic of Congo (DRC) and the Central African Republic (CAR) in the context of Jean-Pierre Bemba’s trial at the International Criminal Court (ICC). The ICC is preparing to prosecute Bemba of the DRC for alleged rapes, torture and murders that...

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...

Today marks the tenth anniversary of the formal end to Sierra Leone's brutal civil war. Binta Mansaray, registrar of the Special Court for Sierra Leone, discusses how having the court's proceedings based nationally enabled the inclusion of victims in the justice process and facilitated national capacity building. [Download](/sites/default/files/Mansaray_ICTJ_Podcast_01172012_2.mp3) | Duration: 11:00mins | File size: 6.36MB

In the quest to bring perpetrators of massive crimes to justice, international courts should be considered only as a last resort. Efforts to establish rule of law require the development of national capacity to prosecute the most serious crimes. On 25 and 26 October 2012, leading international actors from the judicial, rule of law, and development sectors will convene at the Greentree Estate in Manhasset, New York for the third Greentree Conference on Complementarity. The meeting aims to examine the needs of and challenges to national prosecutions for the most serious crimes in four countries: Ivory Coast, the DRC, Colombia, and Guatemala.

During the 1970s, political violence in Argentina resulted in massive violations of human rights including thousands of deaths, prolonged and arbitrary arrests, disappearances, unfair trials, pervasive torture, in addition to cruel, inhuman, and degrading treatment. Since the restorat...

Argentina’s trials for crimes committed during the dictatorship of military juntas are widely seen as a successful national effort to seek accountability for past abuses. And while victims’ demands for justice continue to remain high, the judiciary is facing challenges to ensure the cases are dealt with expeditiously and fairly. In a interview for ICTJ's Spanish podcast series "Lessons from Latin America," Mirna Goransky, Assistant General Prosecutor for the Attorney General’s Office shares her perspectives on human rights trials in Argentina.

The Democratic Republic of Congo (DRC or Congo) presents a critical test for the International Criminal Court (ICC). All of the accused in current ICC trials are from DRC. The Court plays a vital role in DRC regarding complementarity, peace, justice, victims, and affected communities....

Difficult Peace, Limited Justice: Ten Years of Peacemaking in the DRC reviews the efforts to address justice during ten years of varied peace negotiations in the Democratic Republic of Congo. A close look the dynamics of peace talks and the resulting accords -- including those of Sun ...

It may seem trivial for me to write about why those who continue to mark July 17 as "International Justice Day" should finally stop calling it that. Many human rights groups (including ICTJ), United Nations agencies, and governments have been publicly using that phrase since 2010. It is for victims of massive and systematic human rights violations, including abuses that amount to international crimes under the Rome Statute, that it is important to end the misconception that the phrase encourages.

The decision on reparations by the International Criminal Court (ICC) in the case of Congolese warlord Thomas Lubanga sets a historic precedent, but it should not be celebrated until victims in the Democratic Republic of the Congo (DRC) are fully compensated through an inclusive and participatory process. The Lubanga decision stated that reparations “go beyond the notion of punitive justice, towards a solution which is more inclusive, encourages participation and recognizes the need to provide effective remedies for victims.” Yet Ruben Carranza, director of ICTJ’s Reparative Justice program, is cautious about celebrating before the process is complete.

A new amnesty law passed by the government in the Democratic Republic of the Congo (DRC) will grant amnesty to hundreds of members of armed groups engaged in hostilities, including members of the infamous M23 rebels, but stops short of pardoning serious crimes.

In the Netherlands, a court sentenced an arms dealer to 19 years in prison for his role in war crimes in Liberia. What does his case tell us about pursuing justice for economic crimes in Liberia and beyond?

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.

This report presents a study of ex-combatants' knowledge and opinions of the Truth and Reconciliation Commission (TRC) and Special Court (SC) in Sierra Leone. Ex-combatants and these accountability institutions are interdependent. Ex-combatants need the TRC and SC to help them reinteg...

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.

ICTJ, in cooperation with the United Nations Joint Human Rights Office (UNJHRO) and the United Nations Development Programme (UNDP), organized a high-level conference in Kinshasa today to discuss ways to strengthen the Congolese judicial system and its ability to investigate and prosecute serious crimes, such as genocide, war crimes, and crimes against humanity.

The International Center for Transitional Justice and the Special Court for Sierra Leone, with support from the Government of Canada, are pleased to announce "Exploring the Legacy of the Special Court for Sierra Leone," an expert conference in Freetown, 6-7 February, 2013.

As the work of the Special Court for Sierra Leone draws to a close, we take stock of the historic milestones it has passed since its creation in advancing transitional justice through a special multimedia project, “ Exploring the Legacy of the Special Court for Sierra Leone .” This website will support two conferences: one in New York on November 7-8, 2012, and one in Freetown on January 9-10, 2013. The website will be regularly updated to provide information on the history of the court and its legacy through interactive multimedia and other features.

This paper explores practical issues regarding the relationship between the Truth and Reconciliation Commission (TRC) and Special Court (SC) in Sierra Leone. It looks at: 1) the legal relationship of the Commission and the Court; 2) the question of whether the TRC information should b...

The development of effective transitional justice policies in the Democratic Republic of Congo has been plagued by lack of security, fear of destabilization, limited political will, and scarce resources. This paper focuses on three specific measures of transitional justice: prosecutio...

The Special Court for Sierra Leone (SCSL or Special Court) was established in 2002 when the two United Nations (UN) ad hoc international tribunals for the former Yugoslavia and for Rwanda had already existed for several years and when the first lessons could be drawn from their experi...

This study explores specialized units established in 23 countries to investigate and prosecute serious international crimes. Notwithstanding the challenges faced by these units, the study concludes that countries with a specialized institutional approach are considerably more successf...

several judges dressed in black gowns sit on a judicial bench.

The International Criminal Court (ICC) opened its second trial against Germain Katanga and Mathieu Ngudjolo Chui on November 24, 2009. The men are former leaders of armed rebel movements from the Ituri district in the Democratic Republic of Congo (DRC).

The International Center for Transitional Justice (ICTJ) and the UN Joint Office for Human Rights (UNJHRO), in collaboration with the Office of the UN Special Envoy on the Great Lakes Region and with the financial support of the European Commission, held a conference on March 15-16 to strengthen judicial cooperation in the fight against impunity for international crimes in the Great Lakes Region.

As Burundi and South Sudan teeter on the verge of renewed conflict, with warnings of possible genocides, a new report from ICTJ on the African Great Lakes region asserts that there are lessons to be learned from neighboring countries that may be relevant in preventing new conflicts. The report calls for a clear understanding of victims’ needs and demands, a thorough political analysis and identifying realistic opportunities for acknowledgment and accountability, among other measures.

Understanding education as a form of both reconstruction and reparations is essential for societies in their efforts to address victims’ rights and help victims and their families overcome the consequences of a painful past.

After three years on trial and a total of seven in detention, Thomas Lubanga gained the dubious notoriety of becoming the first person to be convicted by the International Criminal Court (ICC) in The Hague. It would be encouraging if the court, including the prosecution, indicated it saw Lubanga’s judgment as an opportunity to learn critical lessons as well as celebrate a historic day in international justice.

ICTJ Vice President Paul Seils writes that the ICC cannot endorse impunity measures any more than others committed to the defense of human rights and the struggle for peace and justice.

In July, the ICC Trial Chamber II rejected victims’ reparations claims in an appeal of the ruling for Germain Katanga, brought by five descendants of the 2003 Bongoro massacre who had suffered psychological harm. In trying to prove causation, the judges considered that the closer the date of birth to the atrocities committed, the greater the likelihood of transgenerational harm. In my view, this linear understanding is flawed. It does not capture the complexity of psychological responses to trauma

Join ICTJ and the Center for Global Affairs for a conversation on how the ICC and the African Union can move forward, and what the AU position means for effective prosecutions within Africa and elsewhere.