Resource Library

This policy brief presents recommendations for transitional vetting based on insights from research on vetting practice. It is meant to complement existing guidelines on vetting put forth by the United Nations and other international organizations. It defines vetting and the risks it ...

After periods of conflict and authoritarianism, education institutions often need to be reformed or rebuilt. But in settings where education has been used to support repressive policies and human rights violations, or where conflict and abuses have resulted in lost educational opportu...

What hope is there for justice for victims of atrocities in profoundly fractured societies, where systems of government have broken down and social and political divisions run deep? What is the role of transitional justice in forging peace in countries like Colombia, after decades of ...

Where should justice for some of the world’s worst crimes be done? In national courts or at the International Criminal Court in The Hague? Our Handbook on Complementarity explores those questions, laying out the interconnected relationship between the ICC and national court systems in...

Refugees and internally displaced persons (IDPs) have often been directly affected by the crimes truth commissions seek to expose, and have a major stake in the success of transitional justice processes, which can shape the stability of post-conflict communities as well as the prospec...

This paper explores the intersection between displacement and one particular mechanism of transitional justice—justice-sensitive security sector reform (JSSR). It aims to identify various ways in which JSSR can contribute to the protection of refugees and internally displaced persons ...

Transitional justice has for the most part not prioritized issues related to displaced persons. Transitional justice measures do, however, have a bearing on displaced persons’ interests and on efforts to resolve displacement, in particular with regard to durable solutions, which inclu...

While contemporary understandings of restitution have been shaped by international responses to displacement and are primarily humanitarian in nature, restitution has its conceptual roots in traditional rules governing remedies for breaches of international law and is related to trans...

Humanitarians, development agencies, human rights organizations, and peacebuilding actors are commonly drawn to the same flash points of conflict, human rights violations, and states in need of rebuilding. Operating in common country contexts leads to increased interactions between th...

Although transitional justice processes are intended to help heal and restore society after conflict or authoritarian rule, marginalized groups often struggle to make their voices heard. These groups include those who have been displaced by conflict and, within that category, those wh...

This paper examines the crime of forced displacement from the perspective of both international and national legal frameworks. The crime of forced displacement is a notion that comes from international law. Indeed, an international legal framework has developed with the instruments an...

Transitional Justice is often pursued in contexts where people have been forced from their homes by human rights violations and have suffered additional abuses while displaced. Little attention has been paid, however, to how transitional justice measures can respond to the injustices ...

Research Brief: Selected examples of Defence, Intelligence and Justice Investigative Reports into detention and interrogation practices.

Examples of pardons in international jurisprudence, including Inter-American Court and Commission, European Court of Human Rights, UN Treaty Bodies, and the African Commission on Human and Peoples’ Rights.

Case studies on the use of pardons in Argentina, Chile, El Salvador, Peru, and South Africa.

Since the beginning of the 1980s, Latin American countries have undergone various processes of political transformation. In general terms, this change has consisted of a transition from authoritarian to democratic regimes. In some specific cases, such as Guatemala and El Salvador, the...

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...

This handbook explains the mandate, origins, purposes, and operating methods of the Truth and Reconciliation Commission (TRC) and Special Court in Sierra Leone. It discusses the differences and similarities between them, in clear, non-technical language. The TRC and Special Court can...

This book presents a series of essays on truth and criminal justice in Peru. It aims to contribute to analysis on how to strengthen and consolidate democracy there. The essays pay particular attention to the interests of individual victims' of human rights abuses, analyzing individual...

This reference manual offers a template for developing and operating an internationally-assisted criminal justice institution. It provides a practical basis for setting up such an institution from an administrative perspective, drawing on numerous relevant practices currently used in ...

Demobilization was first initiated in Cambodia in 1992, but there have been few attempts to link disarmament, demobilization and reintegration (DDR) processes to transitional justice measures. The government's overriding consideration has been the preservation of stability, narrowly i...

In September 1985, ninemembers of Argentina’smilitary junta, whose successive regimes covered the period in Argentine history known as the “dirty war,” walked into a courtroom in downtown Buenos Aires.

This is a compilation of cases from the Criminal Chamber of the Supreme Court of Colombia.

In many societies, histories of exclusion, racism, and nationalist violence often create divisions so deep that finding a way to deal with the atrocities of the past seems nearly impossible. These societies face difficult practical questions about how to devise new state and civil soc...

Developing societies emerging from conflict and authoritarianism are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. The same countries are also often the scene of massive human rights vi...

Given that women represent a very large proportion of the victims of conflicts and authoritarianism, it makes sense to examine whether reparation programs can be designed to redress women more fairly and efficiently and seek to subvert gender hierarchies that often antecede the confli...

Women face a double marginalization under authoritarian regimes and during and after violent conflicts. Nonetheless, reparations programs are rarely designed to address the needs of women victims. What Happened to the Women? Gender and Reparations for Human Rights Violations, argues f...

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...

Most comprehensive book-length study of reparation programmes currently available, including case-studies, thematic chapters, and national legislation documents. Contains contributions from an international and cross-disciplinary group of leading scholars and practitioners. Provides a...

Vetting—the process by which abusive or corrupt employees are excluded from public office—is often practiced in post-conflict societies, yet remains one of the least studied aspects of transitional justice. In a co-publication of the Social Science Research Council (SSRC) and the Inte...

ICTJ provides an overview of various United States Commissions of Inquiry. This publication includes briefs on the Senate and House Committee Investigations of the Palmer Raids in 1920, the Senator Frank Church Committee in 1975, a commission into wartime relocation and internment of ...

States have the obligation to prevent human rights violations, investigate them, identify and punish their intellectual authors and accessories after the fact, and may not invoke existing provisions of domestic law to avoid complying with their obligations under international law. ...

ICTJ provides an overview of investigative reports into detention and interrogation practices by the U.S. government. The purpose of this brief is to provide a sampling of reports to survey the ways in which these have been commissioned, what they have covered, and how they relate to ...

This research brief provides case studies on the use of pardons in Argentina, Chile, El Salvador, Peru and South Africa following periods of mass abuse, and highlights subsequent political and civil society action to overcome impunity exacerbated by pardons and amnesties.

This paper explores how enforcement of international criminal law currently addresses socioeconomic and environmental crimes. It specifically examines current efforts to promote accountability for: (1) environmental war crimes and (2) property crimes and expropriation. The paper then ...

The term "civil society" is used by both the transitional justice and the development communities, often in a positive light: transitional justice measures are often said to contribute to strengthening civil society, and at the same time, to some extent, to depend on it; similarly, de...

This paper examines the links between education and transitional justice initiatives in contexts affected by conflict. It argues that conceptually there can be meaningful mutual reinforcement between the educational goal of participation and the transitional justice goals of recogniti...

This paper examines linkages between transitional justice processes and the broader issue of land tenure reform in countries with a long and complex history of property dispossession or where land has been a root cause of conflict. It is argued that greater coordination between transi...

Natural resources are a natural connecting point for postconflict development and transitional justice. Understanding the specific role of natural resources in the maintenance of authoritarian regimes and the facilitation of armed conflicts is central to transitional justice's aim of ...

In response to past human rights violations, a variety of measures have been developed, including prosecutions at both international and domestic levels, truth commissions, and reparations for victims. All these options need strong institutions. In postconflict and post-authoritarian ...

This paper maps out some of the links between transitional justice, SSR, and development. It is argued here that SSR and transitional justice can be understood to complement each other in ways that have received little attention so far, and that bringing in a substantive and direct fo...

Reparations and development are generally conceptualized and approached independently, but for survivors and victims the demand for both often arises simultaneously. In practice, reparations and development are linked in specific ways. This paper analyzes these links in the context of...

Contemporary societies find it very difficult to bring about qualitative and systemic changes. This affects development and transitional justice processes in similar ways, for both practices seek to bring about precisely such changes; the shared challenge is a link between the two fie...

Authoritarian regimes frequently leave in their wake a series of negative legacies that have not received sufficient attention in the literature on transitions, and even less by transitional justice measures. This paper examines the political economy of transitions from authoritariani...

Development theory and practice to date has not engaged extensively with transitional justice. This paper explores tentative pathways to conceive of how development and transitional justice practices connect-from a development practitioner's point of view.

This paper makes explicit some of the connections between transitional justice and development, two sprawling fields characterized by fuzzy conceptual borders and by both internal and external dissent. Taking seriously the idea of connecting, however, also means preserving the integri...

Trials re-enact periods of violence and state repression in order to submit them to authoritative judgment. The legal judgment is, however, only one aspect of such trials, which have broader educational and transformative goals. The question posed in this paper is whether or not trial...

International and hybrid jurisdictions have been created in response to the commission of heinous international crimes: genocide, crimes against humanity and war crimes, including mass rape. This article shows that, by their legal definitions, genocide and crimes against humanity are ...

After periods of extended political conflict and of repression or state terrorism, there is an active political struggle about the meaning of what occurred. This paper illustrates some processes through which silenced or hidden ethnic, cultural or gender dimensions come to light durin...