167 results

ICTJ Program Report: Reparative Justice

Reparations seek to recognize and address the harms suffered by victims of systematic human rights violations. ICTJ’s Reparative Justice program provides knowledge and comparative experience on reparations to victims' groups, civil society and policymakers worldwide. In this edition of the ICTJ Program Report, we look at ICTJ's work on reparations in dynamic transitional contexts such as Nepal, Colombia, Peru, DRC, and Uganda.

05/13/13
In Focus

Closing Kenya’s Impunity Gap: Legal and Institutional Frameworks for Trying Serious Crimes in Kenya’s Courts

ICTJ released a briefing paper today examining current opportunities for prosecuting serious crimes within Kenya’s national judicial system, including crimes committed during the postelection violence of late 2007 and early 2008 (PEV), which claimed 1,113 lives and displaced an estimated 660,000 people. Titled “Prosecuting International and Other Serious Crimes in Kenya,” the paper looks at legal and institutional reforms that may be needed at the national level to effectively investigate and prosecute the worst crimes of the PEV period, including murder, serious assault, and rape.

04/30/13
In Focus

Prosecuting International and Other Serious Crimes in Kenya

This briefing paper focuses on the topic of prosecuting international and other serious crimes in Kenya, including crimes committed in the context of the postelection crisis of late 2007 and early 2008. In particular, it identifies and analyzes obstacles and opportunities for such pro...

by

ICTJ

Briefing Paper

Bosnia and Herzegovina: In Historic Act, Youth Activists Bridge Ethnic Divide to Honor Victims of All Ethnicities

In an unprecedented act of unity, youth activists from across Bosnia and Herzegovina united to visit sites of former detention camps and pay respect to victims from all ethnic groups and sides of the conflict. Some 50 activists of the initiative “Because It Matters” from Prijedor, Banja Luka, Mostar, Tuzla, Sarajevo, Ljubuski, Gradiska, Konjic and other cities visited locations in Hadzici, Celebici, Jablanica, and Dretelj, where crimes were committed against civilians of Bosniak, Serb, and Croat ethnicities.

04/29/13
In Focus

Can International Justice Foster Reconciliation?

On April 10, the UN General Assembly is holding a thematic debate on the role of international justice in reconciliation processes. The debate was called by UN GA President Vuk Jeremic, of Serbia, in the wake of the recent acquittal of Croatian General Ante Gotovina by the International Criminal Tribunal for the Former Yugoslavia. Unfortunately, it has become clear that the real purpose of this debate is directed at undermining the ICTY, rather than to discuss an important issue, not only in the Balkans, but in a growing number of countries.

04/10/13
In Focus

Join the Debate: Has the ICTY Contributed to Reconciliation in the Former Yugoslavia?

The Italy-based research center Osservatorio Balcani e Caucaso is hosting an online debate on the ICTY's contribution to reconciliation. The debate, featuring Refik Hodzic of ICTJ and Dr. Janine Clark of the University of Sheffield, who will present arguments for and against the notion that ICTY has contributed to reconciliation. Outside audiences are invited to participate online.

02/19/13
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

Kenya's truth commission must act now to salvage credibility

The findings of Kenya's Truth, Justice and Reconciliation Commission (TJRC) were due to be released in August of this year, providing citizens with a comprehensive report that establishes the facts, causes and alleged perpetrators of serious crimes in Kenya since its independence, almost 50 years ago. To date, Kenyans are still waiting to learn the truth.

12/19/12
In Focus

Are We Still Committed To Human Rights For All?

The United Nations has proclaimed December 10 as International Human Rights Day. The date commemorates the signing of the Universal Declaration of Human Rights in 1948, which represented the reaction of the international community to the horrors of the Second World War. Today is a day for reflection more than celebration. A cursory scan of events from the last few weeks has thrown up examples that demonstrate that the belief in human rights for all - in treating all states the same - is more of a tissue-thin membrane than a robust bulwark.

12/10/12
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

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

Decision in Mau Mau Case Strengthens the Right to Reparations of All Victims of Torture

The International Center for Transitional Justice strongly welcomes the decision of the UK High Court ordering the British government to pay damages to a group of Kenyans who were imprisoned and tortured by colonial authorities following the Mau Mau Rebellion of the 1950s.

10/05/12
Press Releases

Police Reform in Situations of Forced Displacement: Chad, Eastern Zaire, and Kosovo

In cases other than those of environmental disasters, some mix of persecution and fear of violence based on ethnicity, race, or religion, plus violations of human rights and repression based on political beliefs and opinions often characterizes forced displacement for both internally ...

by

William G. O’Neill

Report

Criminal Justice and Forced Displacement in the Former Yugoslavia

This paper is concerned with the relationship between criminal justice and displacement that has taken place as a result of serious violations of international humanitarian law, and considers these issues within the context of justice efforts in the former Yugoslavia. It argues that i...

by

Joanna Korner

Report

Linkages between Justice-Sensitive Security Sector Reform and Displacement: Examples of Police and Justice Reform from Liberia and Kosovo

As with most post-conflict challenges, the issues of displaced populations and weak security institutions each have profound effects on the other. A common cause of displacement in post-conflict environments is a lack of physical security, either because formal security institutions f...

by

Madeline England

Report

Bridging the impunity gap in Kenya requires a holistic approach to transitional justice

Following post-election violence in 2007–2008, Kenya faced a need to hold accountable those most responsible for the fighting that resulted in more than 1,000 deaths and widespread property destruction and displacement. But national judicial mechanisms proved reticent to do so, and in 2010, the situation was adopted by the ICC, who in January of 2012 announced indictments against four suspects.

07/19/12
In Focus

Bosnia: The haunting legacy of Ratko Mladic

The trial of Ratko Mladic for genocide, crimes against humanity, and multiple war crimes committed during the war in Bosnia and Herzegovina, began yesterday. But these charges have done little to damage the hero status he enjoys today among the majority of Serbs, writes Refik Hodzic. Unless this legacy is addressed in the communities of Srebrenica and the rest of Bosnia, the outcome of his trial may prove to be merely symbolic, if that.

05/17/12
In Focus

Shadow of London “Orbit” in Bosnia: Steel, Blood, and the Suppression of Memory

As ArcelorMittal, the world’s largest steel company, invests 19.2 million pounds of steel to construct a monument marking London’s Olympic Games, a disturbing story is emerging about the refusal to memorialize a former concentration camp in Bosnia it owns today. Not only is ArcelorMittal unwilling to provide even a fraction of the cost of the London “Orbit” to commemorate the suffering of Bosnians in the notorious Omarska camp, but it has recently started denying victims access to the site.

04/23/12
In Focus

EU Must Protect Bosnia’s War Crimes Court

The War Crimes Chamber of Bosnia’s State Court is one of the most successful undertakings to address the legacy of mass atrocities in national courts. As this important institution finds itself under serious threat, the European Union must act quickly to put a stop to attempts of the Bosnian Serb political leadership to undermine Bosnia’s capacity to prosecute war crimes at state level.

02/08/12
In Focus

ICC's Kenya decision is no cause for celebration

Last week's decision by the International Criminal Court (ICC) in The Hague confirming four Kenyans must answer to charges of crimes against humanity does not excuse their government from responsibility to pursue justice at home, writes ICTJ vice president Paul Seils.

01/31/12
In Focus

Kenya: ICC Decision a Reminder Victims Are Still Waiting for Justice

The decision of the International Criminal Court (ICC) confirming charges of crimes against humanity against William Ruto, Joshua Sang, Francis Muthaura, and Uhuru Kenyatta, and declining to confirm charges against Henry Kosgey and Mohammed Ali is a reminder that the vast majority of victims have still not seen justice done, the International Center for Transitional Justice (ICTJ) said.

01/24/12
Press Releases

Kenya: Kiplagat’s Return to TJRC an Act of Impunity

Ambassador Bethuel Kiplagat’s recent attempt to return to the Truth, Justice and Reconciliation Commission (TJRC)—pending resolution of serious allegations implicating him in acts connected to human rights violations and corruption—threatens the viability and credibility of the TJRC process, ICTJ said.

01/17/12
Press Releases

Property Rights in Kosovo: A Haunting Legacy of a Society in Transition

Property Rights in Kosovo explores cultural, political and social factors dating as far back as the Ottoman period that have contributed to the present state of property rights. It examines the legacy of the armed conflict and NATO intervention of 1999 in the massive population displa...

by

ICTJ; Edward Tawil

Report

"Why Should We Suffer?" Children Testify before Kenya’s TJRC

During a thematic hearing December 13–14, Kenya's Truth, Justice and Reconciliation Commission (TJRC) heard testimonies from children on their own experiences as part of the commission's investigation into gross human rights violations and historical injustices in the country between 1963 and 2008.

12/23/11
In Focus

Impact of the Yugoslav and Rwanda Tribunals: Lessons for the International Criminal Court

View the live broadcast of tonight's panel discussion with Richard Goldstone, David Tolbert, Hassan Jallow and Diane Orentlicher from 6:30pm–8:30pm.

11/29/11
In Focus

Truth-seeking in the Western Balkans: Initiative for a Regional Truth Commission

Join ICTJ as we co-host a delegation of RECOM’s leaders at two events in New York on November 14 and 15. They will share their experience campaigning for truth in the Western Balkans, present the draft mandate submitted to the presidents of the region, and discuss a successful public campaign that has gathered over 500,000 signatures in support of the commission.

11/08/11
In Focus

Kenya Transitional Justice Brief, Vol. 1, No. 2

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 ...

by

ICTJ

Prosecuting Heads of State

Since 1990, 65 former heads of state or government have been legitimately prosecuted for serious human rights or financial crimes. Many of these leaders were brought to trial in reasonably free and fair judicial processes, and some served time in prison as a result. This book explores...

by

Ed. Ellen L. Lutz, Caitlin Reiger

Book

To Live as Other Kenyans Do

As Kenya continues to address its 2007-08 postelection violence, greater emphasis should be placed on victims’ reparative justice demands, according to a new ICTJ report. The report, “To Live as Other Kenyans Do”: A Study of the Reparative Demands of Kenyan Victims of Human Rights Violations, is a...

07/25/11
In Focus

“To Live as Other Kenyans Do”: A Study of the Reparative Demands of Kenyan Victims of Human Rights Violations

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...

by

ICTJ; Simon Robins

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 Casualty of Politics: Overview of Acts and Projects of Reparation On the Territory of the Former Yugoslavia

This study examines various aspects of existing reparations following the 1991-1999 conflicts in the former Yugoslavia. It clarifies the different categories of reparation; identifies groups potentially entitled to compensation; assesses the extent and fairness of existing policies; a...

by

ICTJ; Djordje Djordjević

Report

Genocide a Fitting Charge for Mladic

The arrest of Ratko Mladic reignited debates on a wide spectrum of related issues, from its implications on the prospects for true reckoning with the past in the countries of the former Yugoslavia to the possible jolt it will give to Serbia’s hopes of joining the European Union. Beyond the immediate impact on the region, the strongest reverberations of Mladic’s transfer to the International Criminal Tribunal for the former Yugoslavia (ICTY) will be felt in the discourse on international justice.

06/02/11
In Focus

Summary Report regarding Local, Regional and International Documentation of War Crimes and Human Rights Violations in the former Yugoslavia

This study identifies the range of agencies in and outside the former Yugoslavia that collect documentation on war crimes and other human rights violations committed in the 1991-1999 wars. Several factors that point to the need for an overview of data-collecting agencies in the region...

by

ICTJ; Djordje Djordjević

Report

Serbia and Montenegro: Selected Developments in Transitional Justice

Since the end of open armed conflict in the former Yugoslavia, there has been little progress in transitional justice. This particularly applies to Serbia and Montenegro, which has lurched from one political crisis to another. This paper provides an overview of some of the major issue...

by

ICTJ

Briefing Paper

Bosnia and Herzegovina: Selected Developments in Transitional Justice

This paper provides an overview of the major issues and recent developments in transitional justice in Bosnia and Herzegovina (BiH). It examines the International Criminal Tribunal for the former Yugoslavia (ICTY), local trials, the proposed Truth and Reconciliation Commission, the Sr...

by

ICTJ

Briefing Paper

Croatia: Selected Developments in Transitional Justice

This case study offers an overview of some of the major issues and recent developments in transitional justice in Croatia. While the main focus is on war crimes prosecutions before the International Criminal Tribunal for the former Yugoslavia and Croatian courts, it also examines trut...

by

ICTJ; Thierry Cruvellier and Marta Valiñas

Briefing Paper

Lessons from the Deployment of International Judges and Prosecutors in Kosovo

This case study reviews and analyzes the deployment of international judges and prosecutors in Kosovo. It is part of a series providing information on hybrid courts' policy and practical issues. Although the Kosovo system of international judges and prosecutors has made significant st...

by

ICTJ; Tom Perriello, Marieke Wierda

Report

Against the Current: War Crimes Prosecutions in Serbia

This report examines the effectiveness of war crimes prosecutions in Serbia. While the War Crimes Chamber (WCC) and the Office of the War Crimes Prosecutor (OWCP) have had some success, significant concerns exist - such as opposition from ethnic nationalists. Despite shortcomings, the...

by

ICTJ; Bogdan Ivanišević

Report

Kenya Transitional Justice Brief, Vol. 1, No. 1

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 ...

by

ICTJ

On Sequences and Linkages: the Relationship between Justice, Security and Development

Some habits die hard. This is especially true of ways of thinking. Despite significant changes in national and international law and practice in the last thirty years—the period that corresponds with the emergence of transitional justice as a field—the recent upheaval in the Middle East and Northern Africa region has provoked proposals that hearken back to a period that we may have thought long gone.

04/29/11
In Focus

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. ...

by

ICTJ

Fact Sheet

A Truth Commission for Kenya? Incorporating International Standards and Best Practice

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...

by

ICTJ

Briefing Paper

The Kenyan Commission of Inquiry into Post-Election Violence

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...

by

ICTJ

Briefing Paper

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

The application of transitional justice mechanisms, such as war crimes trials and reparations, has significant flaws in Serbia. Lack of progress may be even greater in truth-seeking and vetting of public officials. Serbia must do much more in all areas of transitional justice, for its...

by

ICTJ

UN Universal Periodic Review Submission

The War Crimes Chamber in Bosnia and Herzegovina: From Hybrid to Domestic Court

The War Crimes Chamber of the Court of Bosnia and Herzegovina, which began its work 9 March 2005, has been the most significant national effort in Bosnia and Herzegovina to investigate and prosecute persons allegedly involved in serious violations of international law during the 1992–...

by

ICTJ; Bogdan Ivanisevic

Truth and Accountability for Kenya

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...

by

ICTJ

Briefing Paper

Serbia and Montenegro: Selected Development in Transitional Justice

The purpose of this paper is to provide an overview of some of the major issues and recent developments in transitional justice in Serbia and Montenegro. In particular, it examines the International Criminal Tribunal for the former Yugoslavia (ICTY), local trials, the national Truth a...

by

ICTJ; Mark Freeman

Report

Bosnia and Herzegovina: Submission to the Universal Periodic Review of the UN Human Rights Council

The transitional justice review of Bosnia and Herzegovina says that in spite of important achievements in Bosnia and Herzegovina in terms of transitional justice, a number of substantive concerns remain. The report's recommendations include supporting the implementation of the Nationa...

by

ICTJ

UN Universal Periodic Review Submission