Resource Library

Thirteen years after the fall of Soeharto, victims in Indonesia continue to suffer from the negative effects of gross human rights violations and from ongoing discrimination. Although efforts by the president and the National Human Rights Commission (Komnas HAM) to create a reparation...

Indonesia has initiated transitional justice mechanisms to address human rights abuses that occurred during and after the New Order regime, but insufficient political will has rendered these efforts inadequate in achieving justice and reconciliation for victims.

The Kenya Transitional Justice Brief, a quarterly bulletin by ICTJ highlighting current developments in the field of transitional justice in Kenya. This brief focuses on the process of implementing the 2010 constitution and the political context in which this takes place, providing a ...

This paper documents the opinions of victims of human rights violations in Kenya about the country’s unfolding transitional justice process. The first section gives background into the human rights violations; the second section presents victims ideas about reparative justice. The rep...

This report focuses on 12 trials that took place before the Indonesian Ad Hoc Human Rights Court between March 2002 and August 2003. It analyzes the prosecution efforts and quality of the judgments, and assesses the political and institutional context in which these trials took place....

This paper summarizes the results of a mapping survey on transitional justice initiatives in Indonesia undertaken by ICTJ from August 2002 to May 2003. While the Indonesian government has created several state agencies and laws to address past cases of violence, it is still plagued by...

This report outlines Indonesia's international law obligations to provide remedies to the "1965 victims" of General Soeharto's persecution and stigmatization of those affiliated with the Indonesia Communist Party. It traces the history of this persecution, provides an overview of curr...

In this amicus brief to the Indonesian Constitutional Court, ICTJ submits that the legislation establishing the Indonesian Truth and Reconciliation Commission ("TRC law") contravenes international law. ICTJ contests the provisions of the TRC law that allow for the granting of amnesty ...

The Kenya Transitional Justice Brief, a quarterly bulletin by ICTJ highlighting current developments in the field of transitional justice in Kenya. This first edition provides a summary and analysis of developments surrounding the International Criminal Court's (ICC's) involvement in ...

EXECUTIVE SUMMARY: A joint report released by the International Center for Transitional Justice (ICTJ) and KontraS (the Commission for the Disappeared and Victims of Violence) examines the variety of state-sponsored initiatives to address mass violations of human rights in Indonesia s...

A joint report released by the International Center for Transitional Justice (ICTJ) and KontraS (the Commission for the Disappeared and Victims of Violence) examines the variety of state-sponsored initiatives to address mass violations of human rights in Indonesia since the fall of So...

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. ...

In August 2006 the Security Council created the UN Serious Crimes Investigation Team, as an extension of the previous investigation under the UN Integrated Mission Timor-Leste.

The purpose of this paper is to outline a proposal for a reparations program for Timor-Leste. Timor-Leste has experienced a number of mechanisms designed to provide justice for past wrongs. These have attempted to provide truth, criminal justice, and security sector reform. However to...

A range of transitional justice measures should be considered in addressing the Kenyan crisis, including holding key perpetrators to account in a court of law, providing reparations for victims of the recent violence, and vetting security forces in order to remove those involved in ab...

The Commission of Inquiry into Post-Election Violence (CIPEV) was the outcome of the Kenya National Dialogue and Reconciliation Accord of February 28, 2008, negotiated by Kofi Annan and the Panel of Eminent African Personalities, and its sister agreement of March 4, 2008, known as Age...

ICTJ hosted a meeting, “Peace and Justice in Asia,” with a particular focus on Indonesia, Timor-Leste, and Nepal, on December 2-3, 2008. The two-day conference brought together senior experts, officials, and community leaders from three distinct areas that have suffered conflict in In...

Indonesia and Timor-Leste created the Commission for Truth and Friendship (CTF) bilaterally in 2005. The commission has not yet delivered substantive transitional-justice benefits, and its public hearings have seriously compromised the goals of truth and resconciliation. This report i...

Despite considerable progress, rising tensions between and among various actors have illuminated the need to evaluate peace-building efforts from a transitional justice perspective. This report, based on research conducted by ICTJ and Acehnese civil society, aims to provide such an ev...

To date there has been limited judicial accountability for crimes committed by the Indonesian military forces in Aceh despite compelling evidence of their involvement in mass crimes. Commitments that were part of the 2005 Helsinki Memorandum of Understanding, to establish a truth and ...

In July 2008 the Timorese-Indonesian Commission of Truth and Friendship (CTF) submitted its final report on atrocities committed in East Timor in 1999. Previously the CTF had been criticized by human rights groups, especially in relation to its power to recommend amnesties and its con...

The National Accord, negotiated in February 2008 by the Panel of Eminent African Personalities led by Kofi Annan, ended the months of violence that followed Kenya’s 2007 presidential election. The transitional justice mechanisms established by the accord have created an opportunity to...

Indonesia’s history is littered with episodes of mass violence, whether state-sponsored, communally driven or separatist in nature. But in recent times the Indonesian government has successfully negotiated several peace agreements and brought about an end to mass human rights violatio...

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. ...

Efforts underway to address the 2008 Kenyan post-election crisis and the conditions that caused it have provided the country with a unique opportunity to address its long history of human rights violations.

The passing of the Constitution of Kenya of 2010 and its promulgation on August 27, 2010, heralds the deep desire of Kenyans, as individuals and communities, to live in a society that respects and protects their liberties and livelihoods without discrimination. With respect to transit...

Kenya plunged into a dark episode of violence following the controversial presidential election of 2007. The International Criminal Court’s (ICC) recently announced its investigation into issues of complementarity, peace, justice, victims, and affected communities in the country. ...

Five years since the government of Indonesia and the Free Aceh Movement signed the Helsinki Memorandum of Understanding, key provisions for accountability for mass crimes have not yet been implemented. Attempts to avoid the difficult truths of Aceh’s recent history and to allow perp...

Transitions focuses on truth and accountability. Galuh Wandita, Senior Associate for ICTJ in Indonesia, talks about a comprehensive study of truth and accountability in Indonesia.

Building a constitutional state and pursuing social change is best approached by looking at prior successes. Here is a comparison between the Kenyan and South African constitutions and an outline of how constitutional litigation unfolded in South Africa.