35 results

Recent years have seen an increased recognition of the need to address the housing, land, and property (HLP) rights of displaced populations in post-conflict situations; however, the implementation of restitution programs is challenged by the fact that in most countries affected by in...

The protracted displacement of Palestinian refugees presents a complex set of challenges for the international refugee, humanitarian, and transitional justice fields. For the most part, these global movements have treated the Palestinian situation as a case apart: Palestinian refugee...

Displacement was a major tactic used by armed groups during the brutal conflict in Liberia from 1989 to 2003. It is estimated that during this time, half the country’s population experienced displacement as a result of warfare. The large numbers of people forced from their homes mean...

This paper considers the efforts of Timor-Leste’s Commission for Reception, Truth and Reconciliation to address the forced displacement that occurred during the period of Indonesian occupation and in the post-Popular Consultation violence of 1999. It examines linkages between the wor...

An internal armed conflict involving the government, leftist guerrillas, and a variety of paramilitary groups and criminal bands has endured in Colombia for the last 60 years, generating massive levels of displacement. A comprehensive truth commission that investigates major human ri...

The 2006 crisis in Timor-Leste saw close to 15 percent of the population displaced from their homes, threatening to sink the country into protracted instability and violence. Remarkably, five years later the country was back on track, with the internal displacement issue largely reso...

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 ...

This paper examines the relationship between forced displacement and transitional justice in Colombia from a gender perspective. The text focuses on three main themes: first, the gendered impacts of forced displacement; second, the ways that official policy, as it has evolved from pr...

Although the conflict in Turkey remains ongoing and a political solution to the “Kurdish question” has not been reached, in recent years, the Turkish government has developed a series of laws and policies regarding the situation of displaced Kurds. The most significant of these polic...

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 ...

Displacement is one of the most widespread and tangible consequences of conflict, and has been chronically high in Africa’s Great Lakes region by any standard. This paper focuses on three salient gender-specific dynamics of conflict and displacement in the region that need to be inco...

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 ...

The reparations policy for victims of Peru’s internal armed conflict, which lasted from 1980 to 2000, includes the internally displaced population among its beneficiaries under the Official Register of Victims. However, displaced persons are given lower priority than the other catego...

The crime of forced displacement has been a widespread practice in Colombia’s internal armed conflict for several decades. However, forced displacement cannot be reduced to an inherent or unintended effect of the conflict. The armed actors in the Colombian armed conflict—the army 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.

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.

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...

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 ...

Essential among South Africa's transition programs was a process to disarm, demobilize, and reintegrate ex-combatants and to create a new defense force integrating the armed forces of opposing parties into a united military structure. Yet, DDR remained largely independent from other t...

In Sierra Leone, the disarmament, demobilization and reintegration (DDR) process and transitional justice initiatives occurred in temporal proximity. Disarmament and demobilization were largely successful in Sierra Leone. Some research suggests, however, that accountability measures ...

While Rwanda has gone further than any other post-conflict state in prosecuting lower-level perpetrators for mass atrocity, transitional justice mechanisms were deliberately kept separate from the DDR program. On one hand, DDR largely succeeded despite a firm policy against amnesty. O...

There was no formal relationship between Disarmament, Demobilization, Rehabilitation and Reintegration (DDRR) processes and transitional justice initiatives in Liberia. DDRR was near completion by the time the TRC began operations. This sequencing of the DDRR program prior to the TRC ...

In El Salvador there was a complex relationship between peacemaking and democratization. The DDR and transitional justice initiatives were connected by the timetable for the implementation of the peace accords. Progress in DDR was dependent on the implementation of political reforms, ...

The DDR process in Colombia aims to guarantee citizens their fundamental rights while at the same time to create space for the integration of demobilized armed groups. It remains to be seen if the Colombian DDR and transitional justice model can be implemented such that it satisfies b...

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...

The disarmament, demobilization and reintegration (DDR) process implemented in Bosnia and Herzegovina (BiH) following the 1992-1994 war helped facilitate the transition to peace. However, the almost total failure of international and domestic authorities to support demobilized combata...

In Afghanistan's nation-building process, security has been prioritized over justice. Slow progress on crucial institutional reforms continues to impede efforts to create a competent and professional police force, a functioning civil service, and an accountable judiciary; all three of...