Resource Library

The global COVID-19 pandemic forced many countries to impose emergency measures, such as curfews and community lockdowns, to stem the spread of the virus. To enforce these measures, some societies have given regular police forces increased power to enforce the measures, while others h...

This briefing paper examines how transitional justice approaches can guide the discussion around dismantling systemic racism in the United States to focus on root causes of violence and racial injustice. Drawing from relevant experiences internationally and within the United States, i...

Mexico is overwhelmed by criminal violence and human rights violations in ways that ordinary rule of law mechanisms cannot address. While not undergoing a political transition, Mexico could benefit from transitional justice experiences when designing policies for pursuing accountabili...

Although youth are key political and social stakeholders who have much to contribute to—and gain from—transitional justice processes, they often remain marginalized from such processes or are given only a limited and predetermined space in which to engage. In recent years, the peacebu...

Haiti is currently confronting several challenges regarding stability, the rule of law, and corruption. The establishment of the United Nations Mission for Justice Support in Haiti (MINUJUSTH) in April 2017 is aimed at contributing to state and civil society efforts to effectively add...

The term reconciliation has long been associated with the field of transitional justice and is often presumed to be one of its goals. At the same time, reconciliation has been both controversial and vague as a concept, giving rise to different understandings and approaches. This paper...

In transitional contexts, reporting does not simply present the facts, but instead shapes the parameters for interpreting divisive political issues. Coverage in such polarized contexts can mitigate or obscure the substance of transitional justice efforts to establish what happened, wh...

In this briefing paper ICTJ addresses one of the crucial points of the peace negotiations between the Government of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP): the possibility of providing recourse to the broadest amnesty possible and pardons as pa...

This paper weighs the possible modes and competing policy objectives of punishing FARC members for serious crimes in the context of Colombia’s ongoing peace negotiations. It argues that punishment has to occur in a way that does not damage one of the underlying objectives of the peace...

Recent speculation indicates that U.S. President George W. Bush may grant pardons to administration officials and members of the military who might face prosecution for authorizing, ordering, endorsing, justifying or committing acts pursuant to the “war on terror.” While a pardon appl...

This report considers the work of the Special Prosecutor's Office (SPO) in Mexico, established to deal with crimes that public servants commit against social and political groups. It describes the basic requirements of investigation into "system crimes," emphasizing the need for an ap...

From 1976 to 1983 Argentina was ruled by a military dictatorship and an estimated 10,000 to 30,000 people "disappeared." This paper outlines transitional justice developments in Argentina - including the investigation and prosecution of human rights violations. The current movement to...

This study examines the development of restitution and reparations in international law and practice over the last century. It aims to provide recommendations on how restitution can best contribute to transitional justice by reviewing four case-studies: the Czech Republic, South Afric...

In the U.S., the democratic principle that openness in government can act as an important check against the possibility of government abuse has been steadily undermined. A critical information gap, only partially addressed through fragmented investigative efforts within and outside go...

Amicus curiae on petition for a writ of certiorari, to the United States Court of Appeals for the second circuit.

On August 24, 2009, U.S. Attorney General Eric Holder announced that he was appointing Assistant U.S. Attorney John Durham to conduct a preliminary review into the possibility that federal laws were violated in the interrogation of specific detainees outside of the United States. The ...

During the 1970s, political violence in Argentina resulted in massive violations of human rights including thousands of deaths, prolonged and arbitrary arrests, disappearances, unfair trials, pervasive torture, in addition to cruel, inhuman, and degrading treatment. Since the restorat...

In Colombia, international crimes can be tried under the ordinary national jurisdiction as well as a limited number of cases under the Justice and Peace Law of 2005 (JPL). Neither jurisdiction has served to highlight the widespread or systematic nature of state-sponsored violence. ...