172 results

'Pay Back What We Have Lost': ICTJ Report Spotlights Congolese Government’s Failure to Pay Court-Ordered Reparations for Army Crimes

“Judgment Denied,” a report from the ICTJ, details four military court cases in the Democratic Republic of the Congo involving dozens of victims, egregious human rights violations, and nearly $1 million in outstanding awards owed by the government. In every case, serious crimes were committed against civilians by members of the Congolese Army, but the government has yet to pay compensation ordered by the courts.

02/20/13
Press Releases

Judgment Denied: The Failure to Fulfill Court-Ordered Reparations for Victims of Serious Crimes in the Democratic Republic of the Congo (French)

Following field research in late 2009 and a 2010 workshop in Kinshasa, ICTJ produced a report in French on the challenges of enforcing court-ordered reparations. This briefing paper outlines and summarizes the challenges and recommendations discussed in the report. It also proposes ad...

Briefing Paper

Maine Truth Commission to Tell Story of Forced Assimilation of Wabanaki Children

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.

02/19/13
In Focus

Transitional Justice and the Struggle for Indigenous Rights

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.

02/08/13
In Focus

African Union Must Act to Address Impunity for International Crimes

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.

01/18/13
In Focus

ICTJ Program Report: Africa

The latest ICTJ Program Report presents ICTJ’s work in Africa. In a deeply insightful interview, Suliman Baldo, director of ICTJ’s Africa program and one of the world’s leading experts on transitional justice in Africa, discusses transitional justice processes in Ivory Coast, Kenya, Democratic Republic of Congo, and Uganda.

12/04/12
In Focus

Experts Discuss the Impact of Politics on National War Crimes Prosecutions

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.

12/03/12
In Focus

Synthesis Report on "Supporting Complementarity at the National Level: From Theory to Practice"

The International Center for Transitional Justice (ICTJ), in cooperation with the United Nations Development Programme (UNDP), with support from the Governments of Denmark and South Africa, and in close consultation with the Assembly of States Parties to the Rome Statute (ASP), held a...

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ICTJ

Report

International Fight Against Impunity Starts with the Responsibility of States

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.

11/02/12
In Focus

Courts of First Resort: Prosecuting International Crimes at the National Level

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.

10/24/12
In Focus

Justice for the Disappeared is at the Heart of Transitional Justice

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.

08/28/12
In Focus

Decades After Dictatorship, Argentina's Courts Still Lead the Fight for Accountability

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.

07/26/12
In Focus

International Justice Day Reminds Us: Without Accountability, There Is No Dignity

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.

07/17/12
In Focus

The Case for Justice

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.

07/16/12
In Focus

At Last, Truth and Reconciliation for Maine's Indian Adoption Project Legacies

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

07/03/12
In Focus

Judgment Denied: The Failure to Fulfill Court-Ordered Reparations for Victims of Serious Crimes in the Democratic Republic of the Congo

Following field research in late 2009 and a 2010 workshop in Kinshasa, ICTJ produced a report in French on the challenges of enforcing court-ordered reparations. This briefing paper outlines and summarizes the challenges and recommendations discussed in the report. It also proposes ad...

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Sharanjeet Parmar; Guy Mushiata

Briefing Paper

Reparations and the Lubanga Case: Learning from Transitional Justice

The conviction of Thomas Lubanga is a milestone for the international criminal justice system and may make an important contribution to the development and definition of the right to reparations in international human rights law. Accompanying a submission filed with the ICC in advance of its reparations proceedings, ICTJ has produced a briefing note examining what lessons the court can learn from the broader transitional justice field.

04/18/12
In Focus

Reparations and the Lubanga Case: Learning from Transitional Justice

The conviction of Thomas Lubanga is a milestone for the international criminal justice system established by the Rome Statute, and may make an important contribution to the development and definition of the right to reparations in international human rights law. ICTJ has produced a br...

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ICTJ; Ruben Carranza

Briefing Paper

ICC Asked Tough Questions by Historic First Judgment

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.

03/19/12
In Focus

U.S. Pressure Needed to End Impunity in the Congo

For the millions of victims of the country’s successive wars, Lubanga is just one of many who are responsible for crimes on an astonishing scale. Congolese authorities must end the widespread impunity enjoyed by those who remain in positions of power in the government and military or violence and instability are likely to continue for years to come.

03/13/12
In Focus

Argentine ESMA Trials a New Phase for Democracy: Interview with Pablo Parenti

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.

12/01/11
In Focus

Interview with Pablo Parenti on the ESMA trials in Argentina

ICTJ interview with Pablo Parenti, of the Attorney General’s Unit for coordination and monitoring cases involving violations of human rights during the Argentine dictatorship.

12/01/11
In Focus

Amicus Curiae: Case No. 09-160

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 ...

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ICTJ, HRW, Amnesty International

Examples of Defense, Intelligence, and Justice Investigative Reports into Detention and Interrogation Practices

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

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ICTJ

Briefing Paper

Examples of United States Commissions of Inquiry

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ICTJ

Briefing Paper

Pardons in International Jurisprudence

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.

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ICTJ

Briefing Paper

Research Brief: Country Case Studies on the Use of Pardons

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

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ICTJ

Briefing Paper

Policy Brief: Pardons

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...

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ICTJ; Carolyn Patty Blum

Briefing Paper

Tina Rosenberg speaks of violence in Latin America, 20 years later

This year marks the 20th anniversary of the publication of Children of Cain, the first book by writer and journalist Tina Rosenberg. ICTJ spoke with Rosenberg about how political violence has evolved in Latin America over the past 20 years, and the continuing need for accountability for past atrocities.

11/22/11
In Focus

Transcript: Tina Rosenberg speaks on violence in Latin America

This year marks the 20th anniversary of the publication of Children of Cain, the first book by writer and journalist Tina Rosenberg. ICTJ spoke with Rosenberg about how political violence has evolved in Latin America over the past 20 years, and the continuing need for accountability for past atrocities.

11/22/11
In Focus

Asia: Experts Meet to Discuss Challenges and Opportunities for Prosecuting Serious Crimes

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.

11/15/11
Press Releases

ICTJ Presents "Taking a Stand: The Evolution of Human Rights"

Taking a Stand: the Evolution of Human Rights, a book by former ICTJ president Juan E. Méndez, provides an eye-opening firsthand account of the fight against violations of human rights and impunity. Taking a Stand offers tangible policy recommendations to be undertaken by the international community to uncover the atrocities of the past and prevent further abuse.

09/19/11
In Focus

Through a New Lens: A Child-Sensitive Approach to Transitional Justice

“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...

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ICTJ; Cécile Aptel; Virginie Ladisch

Report

Strengthening Indigenous Rights through Truth Commissions

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.

07/25/11
In Focus

Strengthening Indigenous Rights through Truth Commissions | July 19–21 New York

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

07/19/11
In Focus

A First Few Steps: The Long Road to a Just Peace in the Democratic Republic of the Congo

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...

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ICTJ; Federico Borello

Briefing Paper

Accountability in Argentina

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...

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ICTJ

Briefing Paper

Lessons in Truth-Seeking: International Experiences Informing United States Initiatives

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...

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ICTJ; Lisa Magarrell, Blaz Gutierrez

Report

Overpromised, Underdelivered: Transitional Justice in Sub-Saharan Africa

This paper discusses the challenges encountered during efforts to pursue justice in a number of sub-Saharan African countries in transition, including Burundi, the Democratic Republic of Congo, Ghana, Liberia, Rwanda, Sierra Leone, and South Africa. It presents a background and geneal...

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ICTJ; Lydiah Bosire

Briefing Paper

A Question for Assad to Ponder

As the number of victims of violence against demonstrators in Syria, Yemen, Bahrain and elsewhere in the region rises, a question emerges for the government of Bashar al-Assad of Syria, but also those of Ali Abdullah Saleh of Yemen, Hamad bin Isa al-Khalifah of Bahrain and the vacillating international community: Can impunity for such crimes be permitted in this day and age?

05/03/11
In Focus

Prosecuting Heads of State: Introduction

In September 1985, ninemembers of Argentina’smilitary junta, whose successive regimes covered the period in Argentine history known as the “dirty war,” walked into a courtroom in downtown Buenos Aires.

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Lutz, Ellen L; Caitlin Reiger

Book

Conflict and Transitional Justice in Africa (Dari)

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. ...

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ICTJ

Fact Sheet

Policy Brief: U.S. inquiry into human rights abuses in the "war on terror"

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...

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ICTJ; Lisa Magarrell

Briefing Paper

Living with Fear: A population-based survey on attitudes about peace, justice, and social reconstruction in Eastern Democratic Republic of Congo

Among the key challenges facing the Democratic Republic of Congo (DRC) today is the question of how the country will address the massive human rights atrocities of its recent past to establish a foundation for peace and security, the rule of law, and respect for human rights to prevai...

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ICTJ; Patrick Vinck; Phuong Pham; Suliman Baldo; Rachel Shigekane

Report

Accountability and Peace for the DRC

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...

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ICTJ

Fact Sheet

Department of Defense v. American Civil Liberties Union Brief

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

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US Supreme Court

Briefing Paper

Criminal Justice for Criminal Policy: Prosecuting Abuses of Detainees in U.S. Counterterrorism Operations (Briefing)

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 ...

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ICTJ

Briefing Paper

U.S. Accountability: The Difficult But Necessary Task

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...

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ICTJ

Fact Sheet

Responding to U.S. Abuses in the "War on Terror"

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...

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ICTJ

Fact Sheet

Impunity Prolonged: Burma and its 2008 Constitution

The military rulers of Burma (also known as Myanmar) convened a National Convention to draft a new constitution. After many delays, the convention completed the draft on September 3, 2007. An analysis of the constitution’s provisions suggests that instead of being a true catalyst for ...

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ICTJ

Report