104 results

Transitional Justice for Indigenous People in a Non-Transitional Society

The framework of transitional justice, originally devised to facilitate reconciliation in countries undergoing transitions from authoritarianism to democracy, is increasingly used to respond to certain types of human rights violations against indigenous peoples -- even in cases where ...

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Courtney Jung

Briefing Paper

Democratic Republic of Congo: Impact of the Rome Statute and the International Criminal Court

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....

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ICTJ; Mima Adjami and Guy Mushiata

Briefing Paper

Germain Katanga and Mathieu Ngudjolo Chui Face Justice at the ICC

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).

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ICTJ

Fact Sheet

The Democratic Republic of Congo Must Adopt the Rome Statute Implementation Law

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...

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ICTJ

Briefing Paper

Conflict and Transitional Justice in Africa

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

Jean-Pierre Bemba at the International Criminal Court

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...

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ICTJ

Fact Sheet

Confronting Past Crimes at the National Level

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...

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ICTJ

Fact Sheet

Small Steps, Large Hurdles: The EU's role in promoting justice in peacemaking in the DRC

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...

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ICTJ; Laura Davis

Report

Amnesty Must Not Equal Impunity

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...

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ICTJ

Fact Sheet

Difficult Peace, Limited Justice: Ten Years of Peacemaking in the DRC

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 ...

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ICTJ; Laura Davis and Priscilla Hayner

Report

Justice-Sensitive Security System Reform in the Democratic Republic of Congo

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...

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ICTJ; Laura Davis

Report

Thomas Lubanga and the ICC

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...

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ICTJ

Fact Sheet

Who is Bosco Ntaganda?

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...

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ICTJ

Fact Sheet

Canada: Submission to the Universal Periodic Review of the UN Human Rights Council

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...

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ICTJ

UN Universal Periodic Review Submission

Canada's Truth and Reconciliation Commission

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.

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ICTJ

Fact Sheet

Canada's TRC: Special Challenges

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...

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ICTJ

Fact Sheet

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

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

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

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 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

Inuvik to Host Second National Event of Canada’s TRC

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.

06/23/11
In Focus

Canada Needs Reckoning with Continued Impact of Residential Schools

“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.

07/13/11
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

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

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

Youth Reporters Tell the Story of Residential Schools

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.

11/18/11
In Focus

Canada Truth Commission Releases Interim Report

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.

02/24/12
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

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

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

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

Strengthening Indigenous Rights through Truth Commissions: A Practitioner's Resource

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 ...

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ICTJ; Paige Arthur; Eduardo González; Yukyan Lam; Joanna Rice; César Rodríguez-Garavito; Deborah J. Yashar

Report

Indigenous Rights and Transitional Justice: Two Side Events to the UN Permanent Forum

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.

05/07/12
In Focus

Strengthening Indigenous Rights through Truth Commissions: A Practitioner's Resource

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.

05/22/12
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

Our Legacy Our Hope

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.

06/20/12
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

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

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

Engaging Children and Youth in Transitional Justice

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.

11/19/12
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

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

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

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

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

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

'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

ICTJ and Partners Host International Expert Seminar on Access to Justice for Indigenous Peoples

From February 27-March 1, leading indigenous rights activists from around the world will join their counterparts and other experts at Columbia University to discuss access to truth, justice, and reconciliation for indigenous peoples.

02/26/13
In Focus

Building Democracies on a Foundation of Truth

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?

03/26/13
In Focus