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 ...

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...

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.

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.

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...

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. ...

The transitional justice mechanisms the Mexican government put in place to investigate the grave human rights violations committed before the political transition of 2000 did not achieve their aims.

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 ...

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...

Treatment of historical legacies of discrimination against Aboriginal groups in Canada (First Nations, Inuit, Métis) currently focuses on settlement for abuses committed against Aboriginal children in educational institutions known as “Indian Residential Schools” (IRSs), which pursued...

The settling of accounts for past abuses in Burundi seems entangled while popular consultations unfold slowly. Provisional immunities could jeopardize prospects of accountability in the absence of a comprehensive redress policy for victims and in light of continuing human rights viola...

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.

Although the inclusion of an amnesty clause was avoided in the stabilization and state-building agreement signed in December 2001, the Afghan government has shown little political will to promote transitional justice.

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...

This transitional justice review of Cambodia addresses both the achievements of the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the persisting concerns of political influence, corruption and delays that have the potential to undermine the judicial process. The review c...

In dealing with counterterrorism detainees after 2001, the United States breached its obligations under the UN Convention Against Torture (CAT) and other sources of international human rights and humanitarian law. Although the current administration has turned away from some former p...

Sierra Leone has made tremendous progress in implementing transitional justice commitments incumbent on the authorities under the Lomé Peace Agreement (LPA) and international law.

In 2008 and 2009, the International Center for Transitional Justice (ICTJ) conducted extensive research on impunity in Myanmar (previously known as Burma). This submission is based largely on that research, as well as developments in the last six months.

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...

The focus of this paper is on initiatives of DDR, SSR, and transitional justice as they relate in peacebuilding contexts. This paper considers the connection between the three types of initiatives: first, by exploring the relationship between DDR and transitional justice; second, by e...

Local justice is sometimes presented as an alternative to or substitute for other measures of transitional justice, often due to political, cultural, or practical considerations. This chapter argues that local justice addresses the (comparatively neglected) reintegration aspect of DDR...

Little has been written about the relationship between transitional justice measures and DDR programs with respect to child ex-combatants. We argue that the primary avenue through which transitional justice measures may positively affect the reintegration of former child combatants is...

This chapter examines the largely overlooked relationship between female ex-combatants, DDR, and transitional justice, with a particular focus on truth commissions. The potential of truth commissions to recognize women’s multiple and contradictory roles during armed conflict and to pu...

The general aim of this paper is to construct an argument about the advisability of drawing links between disarmament, demobilization, and reintegration (DDR) and reparations programs, but not just because this is better from the standpoint of justice. It can be argued that the securi...

Generally, disarmament, demobilization, and reintegration (DDR) programs and truth commissions have operated independently of one another. This has resulted in missed opportunities for strengthening DDR and truth commissions. DDR’s reintegration aims may be furthered by increased trut...

Disarmament, demobilization, and reintegration (DDR) programs and prosecutions of international crimes have become prominent features in the landscape of postconflict states. Some tension between them is inherent. Nonetheless, there is compatibility in the larger, long-term goals of D...