103 results

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?

“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.

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...

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.

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.

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.

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...

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.

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.

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 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.

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.

The trial of Thomas Lubanga before the ICC has the potential to set a critical precedent regarding the right to reparations. In our latest podcast ICTJ's Director of Reparations Ruben Carranza discusses recommendations ICTJ submitted to the ICC concerning the implementation of reparations. [Download](/sites/default/files/Carranza_ICTJ_Podcast_06132012.mp3) | Duration: 16:56mins | File size: 9.69MB

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...

ICTJ welcomes the appointment of seven distinguished experts as members of the Brazilian National Truth Commission. The government has taken a historic step to honor victims and ensure the people of Brazil know the full truth about the human rights abuses committed in their country; the pursuit of justice can only make Brazilian democracy stronger.

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.

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...

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

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.

NEW YORK, March 15, 2012—Brazilian federal prosecutors announced yesterday that they have opened a criminal investigation against a military officer accused of the enforced disappearance of civilians during the 1964–1985 military dictatorship. This is a welcome blow against the use of a 1979 amnesty law to shelter government agents who committed horrific crimes against civilians from accountability.

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.

Brazil’s recent decision to examine the abuses of the military dictatorship from several decades ago could change the face of democracy at home, making it more genuine and transparent. At the same time it could have a wider impact, allowing Brazil to take a decisive stand on human rights regionally and internationally.

If the international community is seriously committed to fighting impunity for mass atrocity, national courts in the countries where such crimes have been committed must be at the frontline. International development actors are crucial to making this possible. [Download](/sites/default/files/Tolbert_ICTJ_Podcast_11302011_2.mp3) | Duration: 12:33mins | File size: 7KB

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.

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.

NEW YORK/BRASÍLIA, Oct. 27, 2011—The Brazilian Senate’s passage of the National Truth Commission bill yesterday represents an important step for the struggle against impunity. The Government of Brazil now has the opportunity to acknowledge a painful past and to implement an effective tool to establish the facts about past abuse, to help victims heal and to allow Brazilian society to understand a painful period of their history, therefore preventing recurrent violations.

On October 11, PBS will launch the five-part series "Women, War & Peace," focusing the dialogue about conflict and security on the roles women play both as targets of violence and key partners in the peace process. ICTJ sat down with two of the three producers, Pamela Hogan and Gini Reticker, to discuss insights from the upcoming series. [Download](/sites/default/files/Hogan_and_Reticker_ICTJ_Podcast_10052011.mp3) | Duration: 14:38mins | File size: 8.75MB

ICTJ applauds Brazil’s momentous step toward the creation of a truth commission and notes opportunities to ensure its success. Brazil’s Chamber of Deputies approved on Wednesday a bill creating the National Truth Commission to establish the facts and responsibilities about crimes committed under the country’s military regime.

As of 2010, over 1 billion children worldwide were living in territories affected by armed conflict, over one-quarter of them under the age of five. This means the “average” civilian victim—a person killed, injured, or forced to flee his or her home—is likely to be a child or youth. ICTJ’s pioneering report “ 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. [Download](/sites/default/files/Ladisch_ICTJ_Podcast_31092011.mp3) | Duration: 7mins | File size: 4.2MB

“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...

The second Latin American Conference on Transitional Justice closed July 8. In the concluding remarks, ICTJ Truth and Memory Program Director Eduardo Gonzalez stated that while this conference has focused on sharing the comparative experiences throughout Latin America, this has not been an academic exercise but a call to action. Read more on the conference blog

Although Brazil's dictatorship ended years ago, focus on transitional justice there is peaking now, as debate stirs over how to best address its past. Recent developments - including the Brazilian government's proposal of a truth commission, the opening of national archives, and the Inter-American Court of Human Rights' decision limiting the 1979 amnesty law - are at the core of the discussion. Eduardo Gonzalez, director of ICTJ's Truth and Memory Program, discusses the role accountability for the past can play in Brazil today.

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...

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...

Brazil’s new government is showing strong support for the passage of a bill creating a National Truth Commission investigating past human rights violations, writes Eduardo González, director of ICTJ's Truth and Memory Program. ICTJ also spoke with Marlon Weichert, human rights activist and regional prosecutor for Brazil's Federal Public Ministry, on the current debate surrounding truth-seeking and accountability in Brazil.

ICTJ spoke with Marlon Weichert, prominent human rights advocate and regional prosecutor with the Federal Public Ministry of Brazil (Ministério Público Federal), on Brazil's pending truth commission bill and calls for accountability measures addressing past violations in Brazil.

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. ...

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...

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...

Background on the 2004 ICC arrest warrant for Bosco Ntaganda, wanted for war crimes allegedly committed in the DRC including civilian massacres and the recruitment of child soldiers. In 2009, the Congolese government decided not to arrest Bosco, and instead appointed him a deputy comm...

Situation brief on the International Criminal Court's prosecution against Thomas Lubanga, the former leader of the Union des Patriotes Congolais (UPC) who has been charged with genocide and crimes against humanity. Due to problems with the prosecutor's proposed use of evidence, the tr...

In October 2008, fighting erupted in the North Kivu province in eastern Democratic Republic of Congo (DRC) between rebel troops of Laurent Nkunda's Congrès National pour la Défense du Peuple (CNDP) movement, local militia groups, and troops of the Forces Armées de la République Démocr...

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 ...

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...

For the last 50 years Cypriots have been living amid various forms of conflict between political leaders, communities and armed forces. Divisive re-tellings of key moments in these conflicts continue to be important to the politics of all communities on the island.

In Congo over the past decade, demands for justice have been largely unmet in peace negotiations: impunity for the worst crimes is entrenched, and the root causes of the conflict remain unaddressed. As the European Union, often through the European Union Special Representatives (EUSRs...

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...

Situation brief on the International Criminal Court's upcoming pretrial hearings on whether to pursue charges against Jean-Pierre Bemba for crimes his troops allegedly committed in the Central African Republic (CAR) in 2002-03. The ICC prosecutor opened an investigation in May 2007 in...

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. ...

Years have lapsed since the Democratic Republic of Congo (DRC) ratified the Rome Statute of the International Criminal Court (ICC) in March 2002, but the DRC government has yet to meet its legal obligation to incorporate the statute into national law. Adopting such legislation is esse...