Resource Library

Thembi Nkadimeng, the sister of disappeared anti-apartheid activist Nokuthula Simelane today filed an application before the Pretoria High Court compelling the National Director of Public Prosecutions and the Minister of Justice to refer the kidnapping, torture, disappearance and murder of Nokuthula Simelane to a formal inquest. This case is aimed at bringing closure to the 32 year old abduction, torture and enforced disappearance of Nokuthula Simelane.

President Jacob Zuma risks irreparably damaging the credibility of core elements of South Africa's deal with the victims of apartheid with his current plan to pardon 149 serious offenders and to potentially consider another 926 applications which are before him. Such a move would mark a profound breach of trust with the victims and South African society at large.

Ahead of Pope Francis' visit to Bosnia Herzegovina, ICTJ's Communications Director, Refik Hodzic, asks the leader of the Catholic Church to actively contribute to "a genuine reckoning needed for a genuine peace" in a society still stuck in the past, even 20 years after the war.

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.

Transitional justice practitioners and activists from 18 different countries gathered in Barcelona to attend the 6th Intensive Course on Truth Commissions, organized by the ICTJ and the Barcelona International Peace Resource Center on September 29 - October 3.

In this op-ed, ICTJ's Refik Hodzic says that five years of a trial, thousands of documents and evidence exhibits, hundreds of witnesses, and hours testimony have not moved Radovan Karadzic closer to acknowledgement of the suffering he inflicted on countless lives.

In this edition of the ICTJ Program Report, ICTJ Senior Associate Felix Reátegui discusses the principles behind the Truth and Memory program, and explains the imperatives of uncovering, acknowledging, and memorializing the past.

On International Criminal Justice Day, 2014, ICTJ joins the global celebrations marking the groundbreaking establishment of the Rome Statute in 1998, which created the International Criminal Court (ICC). To mark the day, we review five contexts where national systems proved it was possible to bring perpetrators to justice where it matters the most.

The recent re-election of Colombia’s president, Juan Manuel Santos, brings hope to a country seeking to end a half-century of conflict. But, as with so many peace processes, finding a balance between creating a stable accord and acknowledging the terrible injustices that occurred during the conflict can be difficult to achieve.

Truth commissions can make important contributions to peace processes if all parties can agree on common objectives and there is genuine local political will to shed light on past events. This is the key finding of a new study – titled “Challenging the Conventional: Can Truth Commissions Strengthen Peace Processes?” – to be released on 19 June 2014 by ICTJ and the Kofi Annan Foundation.

On the Day of the African Child, ICTJ recognizes the power of education to transform society, and acknowledges children and young people as agents of societal change, especially in countries dealing with a legacy of abuse.

In early May, the African National Congress (ANC) held on to power in South Africa’s general election. However, there is a widespread feeling that the party that oversaw the creation of the groundbreaking Truth and Reconciliation Commission has walked away from its obligations to the South African people.

ICTJ participated in the launch of a new report on the relationship between transitional justice and development, launched by the Swedish International Development Agency (Sida).

In this op-ed, ICTJ President David Tolbert argues that in order to meet the EU’s high standards on the rule of law and human rights, Serbia must address the legacy of its recent past in which Slobodan Milosevic’s regime and the institutions under its control were involved in some of the most notorious crimes committed in Europe since World War II.

ICTJ mourns the passing today of Nelson Mandela, a luminary in the struggle for equal rights in South Africa and around the world. “Nelson Mandela’s courage in the face of oppression, his steadfast commitment to his principles and his magnanimous leadership during a difficult period of transition have long been an inspiration to me personally as well as to millions around the world. As we mourn our loss today, we celebrate a life of true greatness, dedicated to justice, without rancor or bitterness,” said David Tolbert, president of ICTJ.

Guatemalan lawyers for victims in the case against former dictator Efraín Ríos Mont filed a petition before the Inter-American Commission on Human Rights to condemn the state of Guatemala for the impunity for crimes of genocide and crimes against humanity committed against the Ixil people.

Can truth commissions help secure a just peace following a violent conflict in which massive human rights abuses are committed? In this special series of the ICTJ Forum, we present a series of conversations with some of the world’s top peace mediators and truth commission experts, whose collective experience include years on the front lines of critical peace agreements in Latin America, Africa, the Middle East, and Asia.

A group of leading world experts on truth-seeking and memorialization has called for the mayor of Prijedor, in Bosnia and Herzegovina, to publicly acknowledge and memorialize the non-Serb victims of atrocities committed in the city in the early 1990s.

A group of leading world experts on truth-seeking and memorialization has called for the mayor of Prijedor, in Bosnia and Herzegovina, to publicly acknowledge and memorialize the non-Serb victims of atrocities committed in the city in the early 1990s.

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.

Reparations seek to recognize and address the harms suffered by victims of systematic human rights violations. ICTJ’s Reparative Justice program provides knowledge and comparative experience on reparations to victims' groups, civil society and policymakers worldwide. In this edition of the ICTJ Program Report, we look at ICTJ's work on reparations in dynamic transitional contexts such as Nepal, Colombia, Peru, DRC, and Uganda.

The International Center for Transitional Justice (ICTJ) welcomes today’s verdict in Guatemala by the High Risk Court in the trial of former military dictator José Efrain Ríos Montt. The 86-year-old ex-general was convicted of genocide and crimes against humanity against the indigenous Mayan Ixil population during Guatemala’s Civil War. He was sentenced to a total of 80 years in prison. José Mauricio Rodríguez Sánchez, the co-accused, who headed military intelligence under Ríos Montt, was found innocent.

Nine international human rights and legal groups have welcomed the resumption of the Guatemalan trial of Efraín Ríos Montt, the former military dictator, for genocide and crimes against humanity. The trial has taken another step towards its conclusion with the hearing of final arguments from the prosecution and victims’ representatives today and yesterday.

In an unprecedented act of unity, youth activists from across Bosnia and Herzegovina united to visit sites of former detention camps and pay respect to victims from all ethnic groups and sides of the conflict. Some 50 activists of the initiative “Because It Matters” from Prijedor, Banja Luka, Mostar, Tuzla, Sarajevo, Ljubuski, Gradiska, Konjic and other cities visited locations in Hadzici, Celebici, Jablanica, and Dretelj, where crimes were committed against civilians of Bosniak, Serb, and Croat ethnicities.

To discuss the recent chain of controversial upsets in the Rios Montt trial, we spoke with two transitional justice experts who have just returned from the courtroom in Guatemala City: Susan Kemp, prosecutions consultant for ICTJ, and Marcie Merksy, Director of Program Office. Informed by extensive work in both criminal justice and Guatemala, they offer an analysis of the dramatic events of the past week, discuss the legal and political complexities of the case, and consider possible scenarios that could develop. [Download](/sites/default/files/ICTJ-Podcast-Riosmontt-Guatemala-04-25-13.mp3) | Duration: 24:10 mins | File size: 22,659 KB

South African judge and human rights activist Albie Sachs is among the foremost transitional justice experts to have emerged from the anti-apartheid struggle and subsequent transition. In this interview with ICTJ Vice President Paul Seils, Sachs discusses the difficult balance of retribution and reconciliation, and offers possible lessons from the South African experience for other societies facing similar questions of truth and justice.

Four international legal and human rights groups are together urging all concerned to ensure that the current trial in Guatemala of former president Efrain Rios Montt on charges of genocide and crimes against humanity proceeds with due respect for judicial independence. The four are: the Open Society Justice Initiative, the International Center for Transitional Justice (ICTJ), the Center for Justice and International Law (CEJIL), and the Washington Office on Latin America (WOLA).

On April 10, the UN General Assembly is holding a thematic debate on the role of international justice in reconciliation processes. The debate was called by UN GA President Vuk Jeremic, of Serbia, in the wake of the recent acquittal of Croatian General Ante Gotovina by the International Criminal Tribunal for the Former Yugoslavia. Unfortunately, it has become clear that the real purpose of this debate is directed at undermining the ICTY, rather than to discuss an important issue, not only in the Balkans, but in a growing number of countries.

In this op-ed, ICTJ's Marcie Mersky argues that the significance of the genocide trial for José Efraín Ríos Montt stretches far beyond Guatemala: it is the first time that a former head of state is being tried for genocide in a credible national court, by the national authorities, in the country where the alleged crimes took place.

On Tuesday, March 19, the genocide trial of General Efraín Ríos Montt began at the High Risk Tribunal in Guatemala. To talk about this historic development in Guatemala’s pursuit of accountability we talk with us one of the key players: Guatemalan Attorney General Claudia Paz y Paz Bailey

On a historic day for justice in Guatemala and the world, the trial for Guatemala’s former military dictator José Efraín Ríos Montt began this morning in Guatemala City. Ríos Montt and his co-accused, José Mauricio Rodríguez Sánchez – are standing trial on charges of genocide and crimes against humanity during the civil war in Guatemala, in which some 200,000 people were killed or disappeared, a majority of them indigenous Maya.

From February 27-March 1, leading indigenous rights activists from around the world will join their counterparts and other experts at Columbia University to discuss access to truth, justice, and reconciliation for indigenous peoples.

The Italy-based research center Osservatorio Balcani e Caucaso is hosting an online debate on the ICTY's contribution to reconciliation. The debate, featuring Refik Hodzic of ICTJ and Dr. Janine Clark of the University of Sheffield, who will present arguments for and against the notion that ICTY has contributed to reconciliation. Outside audiences are invited to participate online .

Indigenous rights are increasingly being addressed through different transitional justice measures, and ICTJ is actively involved in the discourse on how truth commissions and other transitional justice mechanisms can help the struggle for the rights of indigenous people.

The decision of a judge in Guatemala City to send former military dictator Efraín Ríos Montt to trial on charges of genocide and war crimes is a watershed moment in the country’s complex journey towards a genuine respect for the rule of law. This genocide trial - the first genuine attempt anywhere to prosecute a former head of state in his own country on charges of genocide – has the potential to shatter a significant part of the wall of denial that surrounds Guatemala. For that to happen, the trial must be fair and free of intimidation, argues ICTJ Vice President Paul Seils in this op-ed.

A former U.S.-backed dictator who presided over one of the bloodiest periods of Guatemala's civil war will stand trial on charges he ordered the murder, torture and displacement of thousands of Mayan Indians, a judge ruled Monday. "It's the beginning of a new phase of this struggle," said Paul Seils, vice president of the New York-based International Center for Transitional Justice.

The latest episode of ICTJ Forum features ICTJ's Marcie Mersky, who joins host and Communications Director Refik Hodzic for an in-depth analysis of news in Guatemala and Nepal, and looks ahead to the next year of transitional justice developments around the world.

In a major effort to promote accountability for serious crimes in Africa, ICTJ joined hundreds of human rights groups and transitional justice partners to ask the African Union to prioritize justice. Addressed to the new African Union (AU) Chairperson Dr. Nkosazana Dlamini-Zuma, the letter warns that strained relationships between the AU and the International Criminal Court (ICC) may put justice at risk.

Years after the Truth and Reconciliation Commission issued its final recommendations, victims of apartheid-era crimes are still fighting for adequate reparation and rehabilitation. Will the government of South Africa listen? In the latest episode of ICTJ’s podcast, we speak with ICTJ Senior Program Adviser Howard Varney, who explains why the vast majority of victims still await justice. [Download](/sites/default/files/Howard_Varney_ICTJ_Podcast_12212012.mp3) | Duration: 24:29mins | File size: 14,351 KB

In January 2012, Guatemalan General Ríos Montt was formally charged with genocide for ordering massacres during the genocide in Guatemala. Only a year later, justice for victims has come under threat: Guatemalans and the international community are gravely concerned that the Constitutional Court could be pressured into granting amnesty. On Thursday, December 20, ICTJ joined colleagues and partners in the field to send a strong message to Guatemala: architects of atrocity must be held to account.

In Guatemala, it has taken years of relentless organizing by civil society and cooperation with international partners to begin to prosecute the most responsible, but progress has been made. Claudia Paz y Paz Bailey, currently the prosecutor general and head of the Public Prosecutor’s Office, has played an instrumental role in the struggle for accountability. In this recent interview, ICTJ spoke with Ms. Paz about confronting the legacy of the past at the national level within an international system of global criminal justice.

The United Nations has proclaimed December 10 as International Human Rights Day. The date commemorates the signing of the Universal Declaration of Human Rights in 1948, which represented the reaction of the international community to the horrors of the Second World War. Today is a day for reflection more than celebration. A cursory scan of events from the last few weeks has thrown up examples that demonstrate that the belief in human rights for all - in treating all states the same - is more of a tissue-thin membrane than a robust bulwark.

ICTJ partnered with the Center for Global Affairs at New York University to explore how political will of international and national actors impacts national war crimes proceedings. The panel examined four diverse country scenarios - the Democratic Republic of the Congo, Serbia, Iraq, and Guatemala.

When perpetrators of serious international crimes are brought to justice by the country in which they committed their crimes, it signals a strong commitment to accountability and the rule of law. To ensure that domestic investigations and prosecutions occur for serious crimes such as genocide and crimes against humanity, the need for international assistance goes beyond the walls of the courtroom: development agencies and rule of law actors can provide countries with essential support to fairly and effectively prosecute serious international crimes in their own courts.

In the quest to bring perpetrators of massive crimes to justice, international courts should be considered only as a last resort. Efforts to establish rule of law require the development of national capacity to prosecute the most serious crimes. On 25 and 26 October 2012, leading international actors from the judicial, rule of law, and development sectors will convene at the Greentree Estate in Manhasset, New York for the third Greentree Conference on Complementarity. The meeting aims to examine the needs of and challenges to national prosecutions for the most serious crimes in four countries: Ivory Coast, the DRC, Colombia, and Guatemala.

The latest episode of ICTJ Forum, a monthly podcast looking into recent news and events from around the world, features ICTJ President David Tolbert, Truth and Memory Program Director Eduardo Gonzalez, and Africa Program Director Suliman Baldo. They join host and Communications Director Refik Hodzic for an in-depth analysis of recent developments in Kenya, the former Yugoslavia, and Colombia.

Forced disappearance is a crime against humanity. The decisions made by politicians and officials authorizing such practices in different countries cannot be justified legally or morally. They must be held to account and be shown for what they are: enemies of a civilized society.

As the world marks August 30, the International Day of the Disappeared, we are reminded that forced disappearances and transitional justice share a common history. Indeed, processes working in concert that came to form the field of transitional justice were born from the search for truth and justice about the disappeared.