Resource Library

Decisions to Prosecute Without Fear, Favor, or Prejudice: Experts Grapple with Challenges in Pursuing Justice for International Crimes

In countries emerging from violent conflict and repression around the world, prosecutors are facing significant challenges and pressures when seeking to investigate and prosecute serious crimes, such as torture, extrajudicial killings, and enforced disappearance. To reflect on these challenges, ICTJ together with the International Nuremberg Principles Academy, and with support from the governments of Australia and Sweden, convened a side event on December 6, 2019, during the 18th Assembly of State Parties of the International Criminal Court.

12/13/19

"Defining the Goals of Reparations," International Journal of Transitional Justice, Vol 3, 2009

Both of the books reviewed here provide deep analysis regarding the challenges of repairing historical mass crimes and past harmful policies, aswell as the limitations and difficulties of such endeavors.

06/03/11

ICTJ

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....

01/01/10

ICTJ; Mima Adjami and Guy Mushiata

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.

01/01/09

US Supreme Court

Derailed: Transitional Justice in Indonesia since the fall of Soeharto (Report)

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...

04/07/11

ICTJ, KontraS (the Commission for the Disappeared and Victims of Violence)

Derailed:Transitional Justice in Indonesia Since the Fall of Soeharto (Executive Summary and Recommendations)

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...

04/07/11

ICTJ, KontraS (the Commission for the Disappeared and Victims of Violence)

Design Parameters for a Reparations Program in Peru

This report provides parameters for the creation of a reparations program in Peru. The program must be included in the process of raising a new national awareness in Peru regarding past abuses and building a legal-political framework more responsive to human rights. To ensure sustaina...

09/01/02

ICTJ, Human Rights Association (Asociación pro Derechos Humanos–APRODEH)

Devil Is in the Detail of Colombian Justice Deal

In this op-ed, ICTJ Vice President Paul Seils analyzes the criminal justice agreement announced by the Government of Colombia and the FARC and discusses what aspects of the deal need clarification to ensure that it is capable of delivering the kind of truth and justice that victims of Colombia's armed conflict deserve.

10/15/15

“We Didn’t Think It Would Hit Us,” New Report on Attacks on Schools in Syria Calls Attention to Atrocities

A new report on attacks on schools in Syria harnesses documentation to call attention to atrocities and advance storytelling, truth seeking, acknowledgment. It is the product of Save Syrian Schools, a collaborative project led by 10 Syrian civil society organizations and the ICTJ that demands an end to the killing of Syrian children and justice for the bombing of schools.

09/07/18

Christopher Boland

“We Didn’t Think It Would Hit Us:” Understanding the Impact of Attacks on Schools in Syria

This report examines attacks on schools in Syria from multiple angles: from the legal implications of such attacks to the everyday impact on students, teachers, families, and society at large. It is the product of Save Syrian Schools, a collaborative project led by 10 Syrian civil soc...

09/10/18

Save Syrian Schools

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 ...

03/01/09

ICTJ; Laura Davis and Priscilla Hayner

Disappearances in Nepal

This report arises out of a perceived opening or window of opportunity for transitional justice intervention around the specific gross human rights violation of enforced disappearances and abductions in Nepal. This issue connects powerfully to several dominant concerns within the tran...

01/01/08

ICTJ; Madeleine Fullard

Disappointed Hope: Judicial Handling of Post-Election Violence in Cote d’Ivoire

This report offers analysis of the current situation regarding the judicial handling of cases related to the post-election violence in Cote d’Ivoire. It looks at existing legal and political challenges within the domestic proceedings and suggests possible solutions.

06/21/16

Disarming the Past: Transitional Justice and Ex-combatants

DDR programs are seldom analyzed to consider justice-related aims; and transitional justice mechanisms rarely articulate strategies for coordinating with DDR. Disarming the Past: Transitional Justice and Ex-combatantsexamines how these two types of initiatives have connected—or failed...

01/01/10

eds. Ana Cutter Patel, Pablo de Greiff and Lars Waldorf

Book

Disrupting Cycles of Discontent: Transitional Justice and Prevention in the Philippines

This report examines the contribution of transitional justice to prevention in the Philippines, as well as the limits of this contribution due to the failure to comprehensively address and learn from the past and undertake structural changes. While reparations, truth telling, and inst...

07/09/21

Robert Francis B. Garcia

Divided by Years of Conflict, Sri Lankans Have Yet to See the Promise of Justice Fulfilled

Where does transitional justice stand in Sri Lanka? Kelli Muddell, Director of ICTJ's Gender Justice Program, explores the country's contested historical narratives.

07/24/17

Kelli Muddell

Documentary Film Promotes Dialogue on Repairing a Legacy of State Violence and Exclusion in Northern Kenya

Kenyan media house Africa Uncensored has teamed up with the International Center for Transitional Justice (ICTJ) on a documentary that explores the Bulla Karatasi massacre that took place in the northern region of Garissa, Kenya, and its impact on communities in the North. The documentary will advance ICTJ’s efforts to partner with civil society on community-state dialogue initiatives, engage stakeholders around political and constitutional reforms stemming from the TJRC’s recommendations, and achieve redress for the legacy of state violence in Garissa and other communities in Northern Kenya.

11/19/18

Documentary Film ‘Remember Me’ shows Effects of Disappearances in Bosnia and Herzegovina

A new short documentary film “Remember Me” tells a powerful story of two young women whose fathers were disappeared during the conflict in Bosnia and Herzegovina.

12/09/14

Documenting Truth

The Documentation Affinity Group (DAG) was established in 2005 by ICTJ and five partner organizations as a peer-to-peer network with a primary focus on human rights documentation. Documenting Truth collects the best practices derived from the work of the DAG organizations in Cambodia,...

01/01/09

ICTJ; Louis Bickford, Patricia Karam, Hassan Mneimneh, and Patrick Pierce

At Doha Forum, ICTJ President David Tolbert Addresses Hard Truth of Transitions in the Arab World

Three years after the so-called the “Arab Spring,” the post-revolution era has so far been marked by a mix of hope and hardships. At the 8th Al Jazeera Forum, ICTJ President David Tolbert explains what went wrong.

06/05/14

Doing Right by Victims in Cote d’Ivoire: Ouattara’s Second Term

In this op-ed, ICTJ President David Tolbert argues that President Alassane Ouattara should use his second term as president to address widespread atrocities committed in Cote d'Ivoire's recent past.

11/11/15

Don’t Call It ‘International Justice Day’

It may seem trivial for me to write about why those who continue to mark July 17 as "International Justice Day" should finally stop calling it that. Many human rights groups (including ICTJ), United Nations agencies, and governments have been publicly using that phrase since 2010. It is for victims of massive and systematic human rights violations, including abuses that amount to international crimes under the Rome Statute, that it is important to end the misconception that the phrase encourages.

08/03/20

Ruben Carranza

World Report

Drafting a Truth Commission Mandate: A Practical Tool

This publication is intended to facilitate the process of drafting a mandate for a truth commission charged with the nonjudicial investigation of serious human rights violations. It covers the different aspects of a legal mandate that are necessary to enable an effective truth-seeking...

06/13/13

Eduardo González

DRC: Lubanga Reparations Decision Should be Celebrated, but Only When Victims Receive Compensation

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.

08/13/12

Podcasts

DRC: Refusal to Pardon Serious Crimes Signals Justice Could be On the Way

A new amnesty law passed by the government in the Democratic Republic of the Congo (DRC) will grant amnesty to hundreds of members of armed groups engaged in hostilities, including members of the infamous M23 rebels, but stops short of pardoning serious crimes.

05/15/14

‘A Drop of Water on a Hot Stone:’ Justice for Victims in the Central African Republic

Providing justice to victims of human rights abuses in fragile contexts such as the Central African Republic (CAR) is challenging for reasons related not only to the state’s stability, capacity, and political will, but also socioeconomic inequality in the country. This research report...

03/10/21

Rim El Gantri and Arnaud Yaliki

A young girl stands in the doorway to her house

Dujail: Trial and Error?

This paper summarizes the basic facts about the Dujail trial, the first trial before the Iraqi High Tribunal (IHT) against Saddam Hussein and seven others. It also summarizes facts about the IHT in general. It considers both what the Iraqis wanted out of the trial, what such prosecuti...

11/01/06

ICTJ

Dutch Court Convicts Arms Dealer for Role in Liberian Atrocities. What Does It Say About Justice for Economic Crime?

In the Netherlands, a court sentenced an arms dealer to 19 years in prison for his role in war crimes in Liberia. What does his case tell us about pursuing justice for economic crimes in Liberia and beyond?

05/04/17

Ruben Carranza

Duterte’s ‘War on Drugs’ Brings Dictatorship Methods Back to the Philippines

In less than two months since the inauguration of Rodrigo Duterte as president of the Philippines some 1,900 people have been killed at the hands of the police and death squads for suspected drug dealing or drug addiction. These unlawful murders echo the pattern of widespread and systematic extrajudicial killings that the country suffered under dictator Ferdinand Marcos.

08/29/16

Duty to Answer

As attested by the arrest on January 3, 2013 in the United Kingdom of Kumar Lama, a Nepali Army Colonel suspected of torture, the government of Nepal’s failure to pursue truth and accountability for conflict-era violations can have serious consequences. Rather than resisting UK efforts to implement its obligations under international law, the Nepali government should develop a full transitional justice programme and redouble its efforts to provide truth, justice and reparations inside the country.

01/14/13

Early Reflections on Local Perceptions, Legitimacy and Legacy of the Special Tribunal for Lebanon

This journal article examines challenges to the legitimacy of the Special Tribunal for Lebanon (STL). These challenges include selective impunity, the highly selective nature of the jurisdiction of the STL, and the fears that the STL itself will act as an instrument for foreign powers...

01/01/07

ICTJ; Marieke Wierda, Habib Nassar, and Lynn Maalouf

Education and Transitional Justice: Opportunities and Challenges for Peacebuilding

This report, part of a joint research project by ICTJ and UNICEF on the intersections of education, transitional justice, and peacebuilding, explores how a transitional justice framework can help to identify educational deficits relating to the logic of past conflict and/or repression...

11/17/15

Clara Ramírez-Barat and Roger Duthie

Educational Reform in Divided Societies: Northern Ireland and Bosnia

The first piece in of our "Transitional Justice and Education" series examines the role of school systems in Bosnia and Northern Ireland.

06/28/16

Effective Remedies to Human Rights Violations

Much of ICTJ’s work—and in fact much of the field of transitional justice—can be understood as the pursuit of effective remedies for victims of severe human rights violations. A remedy involves two elements: a victim’s access to the appropriate authorities to have his claim fairly hea...

01/01/09

ICTJ

Egypt: Dissolution Ultimatum for Independent Groups

ICTJ joins other international and national human rights groups from across the global calling for Egypt to protect the independence of non-governmental organizations.

08/30/14

Egypt: Justice and Accountability Vital to Successful Transition

NEW YORK, Feb. 14, 2011 —As Egyptians redesign their constitution and political system, they should also consider meaningful ways to address legacies of human rights violations, the International Center for Transitional Justice (ICTJ) said today. "Egyptian officials should seize the opportunity to...

02/14/11

Egypt: Release Human Rights Activists Immediately

NEW YORK, Feb. 3, 2011 —The Egyptian government should immediately order the release of human rights activists being held by security forces in Cairo, said the International Center for Transitional Justice (ICTJ) today following reports of activists from Hisham Mubarak Legal Centre, the Egyptian...

02/03/11

Eight Ways Women Are Impacted by Disappearances

In recognition of International Women’s Day, our experts on Gender Justice have identified eight of the many ways in which women’s lives are affected by disappearances.

03/09/15

Emilio Mignone Lecture Asks: How Can the United States Confront Racial Injustice?

Do the concepts and strategies of transitional justice have a role to play in the United States? Our 2017 Emilio Mignone Lecture asked that question, with Darren Walker, President of the Ford Foundation, and Sherrilyn Ifill, President and Director-Counsel of the NAACP Legal Defense Fund, joining ICTJ's David Tolbert in conversation. Watch the full discussion here.

11/27/17

Empowering Victims in Kenya on International Day for the Right to Truth

The right to the truth carries special resonance in Kenya, and so on March 24th Kenyan state agencies, survivors, civil society organizations, and international partners will join together in Nairobi to observe the International Day for the Right to the Truth. It provides an opportunity not just for remembrance, but also for greater dialogue between the government and victims about the implementation of reparations programs and of the findings presented in the Truth, Justice and Reconciliation Commission's final report.

03/23/17

Ending Gender Violence in Elections: Inclusion of Women in Kenyan Politics and the National Dialogue Process from a Transitional Justice Perspective

In its primary findings, Kenya's Truth, Justice and Reconciliation Commission noted that women and girls have been subject to systematic, state-sanctioned discrimination in all spheres of their lives, and that the state has failed to take measures to end the practices that restrict wo...

01/23/20

Agatha Ndonga and Kelli Muddell

Ending Violence Against Women: Why Security Institutions Matter

ICTJ joins the global observations of the International Day for the Elimination of Violence Against Women, and the start of the “16 Days of Activism against Gender-Based Violence Campaign.” On this day, we recognize the ongoing efforts to protect women from violence in different parts of the world.

11/25/14

Enforced Disappearances: Justice for the Disappeared Has a Woman’s Face

Enforced disappearances are among the cruelest of crimes. To the kidnapping, torture, and in many cases, murder of the victim, perpetrators intentionally create fear and uncertainty about the fate of the missing person. Although men are predominantly targeted, the impact on women is severe and lasting.

08/30/13

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

Engaging Children and Youth in Transitional Justice Processes: Guidance for Outreach Programs

This report, produced jointly by ICTJ's Research Unit and the Children and Youth Program, is based on a comparative review of current and past efforts to reach out to children and youth as part of outreach programming for TJ measures. Drawing from the experiences of places as varied a...

11/19/12

Clara Ramírez-Barat