84 results

20 Years On, ANC Rules but Legacy of Apartheid Still Lingers

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.

05/28/14
In Focus

Advancing Global Accountability: The Role of Universal Jurisdiction in Prosecuting International Crimes

Invoking the principle of universal jurisdiction opens the door to the possibility of some accountability in circumstances where justice is not possible in countries where the crimes took place. This study considers the challenges facing the exercise of universal jurisdiction and asse...

by

Howard Varney and Katarzyna Zduńczyk

Report

African Union Must Act to Address Impunity for International Crimes

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.

01/18/13
In Focus

After the Rupture: Understanding Transitional Justice and Reconciliation

Is reconciliation a central aim of transitional justice processes? Or does it have different bearings in different settings? A new paper presents possible understandings of the concept of reconciliation as well as its relationship to the field of transitional justice.

06/29/17
In Focus

Amicus Curiae Brief: South Africa Apartheid Reparations Case

ICTJ filed an amicus brief in the apartheid reparations case before the Southern District Court of New York on November 25, 2009. The brief supports a decision by the South African Government not to oppose legal action against five international companies that are accused of aiding an...

by

ICTJ

Amnesty Does Not Erase the Truth

South Africa’s Constitutional Court recently made a landmark ruling on the right to speak the truth about crimes amnestied by the Truth and Reconciliation Commission. ICTJ Truth-Seeking Consultant Howard Varney speaks about the ruling and its significance for South Africa and other countries.

05/02/11
In Focus

Barcelona Course Explores Linkages Between Prevention and Transitional Justice

From October 1 to October 5, 2018, ICTJ hosted its eleventh intensive course on transitional justice in collaboration with the International Peace Center for in Barcelona. Participants included leaders in their respective fields, including human rights law, community justice and legal services, peacebuilding, education, and humanitarian affairs.

10/24/18
In Focus

Barcelona: ICTJ Trains Advocates from 18 Countries on Truth Commissions

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.

10/16/14
In Focus

A Bitter Legacy: Lessons of De-Baathification in Iraq

Based on significant field research and interviews with the Higher National de-Baathification Commission, this report focuses on Iraq’s purge of members of Saddam Hussein’s Baath Party, which is the most well-known example of large-scale and politically based dismissals in the Middle ...

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Miranda Sissons and Abdulrazzaq Al-Saiedi

Report

Breathing Life into the New Constitution: A new constitutional approach to law and police in Kenya: lessons from South Africa

Building a constitutional state and pursuing social change is best approached by looking at prior successes. Here is a comparison between the Kenyan and South African constitutions and an outline of how constitutional litigation unfolded in South Africa.

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ICTJ; Howard Varney

Briefing Paper

Briefing Paper: Iraq's new "Accountability and Justice" Law

On January 12, 2008, the Iraqi parliament passed the “Law of the Supreme National Commission for Accountability and Justice.” The new law replaces the earlier framework governing Iraq’s De-Ba’athification policies. This document is intended to provide a short summary and preliminary a...

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ICTJ; Miranda Sissons

Briefing Paper

Can International Justice Foster Reconciliation?

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.

04/10/13
In Focus

Comments on the Draft Regulations Published by the Department of Justice Dealing with Reparations for Apartheid Era Victims

The South African Coalition for Transitional Justice (SACTJ) submits the following comments regarding the May 11, 2010 General Notice 282 published in the Government Gazette. The Coalition objects to the Notice 282 regulations on procedural, constitutional, and international law groun...

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South African Coalition for Transitional Justice

Conflict and Transitional Justice in Africa (Dari)

Background on the challenges in addressing legacies of past violence in sub-Saharan African countries such as Uganda, Ethiopia and Eritrea. The fact sheet gives an overview of the situation in the region and ICTJ's approaches in promoting transitional justice in individual countries. ...

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ICTJ

Fact Sheet

Conflict and Transitional Justice in Africa

Background on the challenges in addressing legacies of past violence in sub-Saharan African countries such as Uganda, Ethiopia and Eritrea. The fact sheet gives an overview of the situation in the region and ICTJ's approaches in promoting transitional justice in individual countries. ...

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ICTJ

Fact Sheet

Contested Transitions: Dilemmas of Transitional Justice in Colombia and Comparative Experience

This volume examines the effects, risks, and potential of extending the field of transitional justice to cases that do not present a key moment of political transition to peace or democracy and instead are defined by political continuity and ongoing conflict. It begins with analyses o...

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Amanda Lyons and Michael Reed

Creation and First Trials of the Supreme Iraqi Criminal Tribunal

This paper discusses the significance of the trials of Saddam Hussein and his close associates held by the Supreme Iraqi Criminal Tribunal. It examines the challenges faced by the Tribunal - including concerns that the process was dominated by the U.S. government (hence undermining t...

by

ICTJ

Briefing Paper

Documenting Truth

The Documentation Affinity Group (DAG) was established in 2005 by ICTJ and five partner organizations as a peer-to-peer network with a primary focus on human rights documentation. Documenting Truth collects the best practices derived from the work of the DAG organizations in Cambodia,...

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ICTJ; Louis Bickford, Patricia Karam, Hassan Mneimneh, and Patrick Pierce

Report

Dujail: Trial and Error?

This paper summarizes the basic facts about the Dujail trial, the first trial before the Iraqi High Tribunal (IHT) against Saddam Hussein and seven others. It also summarizes facts about the IHT in general. It considers both what the Iraqis wanted out of the trial, what such prosecuti...

by

ICTJ

Briefing Paper

Educational Reform in Divided Societies: Northern Ireland and Bosnia

The first piece in of our "Transitional Justice and Education" series examines the role of school systems in Bosnia and Northern Ireland.

06/28/16
In Focus

Experts Discuss the Impact of Politics on National War Crimes Prosecutions

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.

12/03/12
In Focus

Family Seeks Justice in South Africa for Anti-Apartheid Activist 32 Years after her Torture and Disappearance

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.

05/20/15
Press Releases

Helping Victims Overcome Human Rights Violations Through Education

Understanding education as a form of both reconstruction and reparations is essential for societies in their efforts to address victims’ rights and help victims and their families overcome the consequences of a painful past.

07/27/16
In Focus

ICTJ Denounces South African Government’s Attempt to Exit the International Criminal Court

The International Center for Transitional Justice (ICTJ) decries the announcement that the country will seek to withdraw from the Rome Statute, the treaty that created the International Criminal Court and an international framework for fighting impunity for egregious crimes.

10/21/16
Press Releases

ICTJ Deplores ANC Resolution to Lead Africa-wide Withdrawal from ICC

ICTJ deplores the resolution of the African National Congress, at its National General Council meeting on Sunday, to withdraw South Africa from the International Criminal Court and lead an Africa-wide walkout from the court.

10/13/15
Press Releases

ICTJ Mourns the Passing of Nelson Mandela, a Luminary in the Struggle for Justice

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.

12/06/13
In Focus

ICTJ Program Report: Middle East and North Africa

The latest ICTJ Program Report explores transitional justice issues in the Middle East and North Africa (MENA) and charts our work in this important and dynamic region. Claudio Cordone, ICTJ’s program director covering the MENA region, discusses individual country scenarios, prospects for transitional justice processes and explains ICTJ’s involvement and impact. Cordone speaks about transitional justice principles being at the root of popular uprisings referred to as “Arab Spring” and the challenges facing societies in their efforts to reckon with legacies of dictatorships and recent violence. He describes ICTJ’s efforts to address the impact of violence on women and promote their participation in transitional justice initiatives. The interview provides a thorough overview of ongoing initiatives and future prospects in Tunisia, Libya, Egypt, Syria, Yemen, Lebanon and Israel and Occupied Palestinian Territory.

09/05/12
In Focus

ICTJ Program Report: Reparative Justice

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.

05/13/13
In Focus

ICTJ Program Report: Truth and Memory

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.

09/18/14
In Focus

ICTJ to Release New Report on Transitional Justice and Foreign Fighters

New York, December 10, 2021— In contexts such as Afghanistan, Bosnia, Chechnya, Iraq, Somalia, and Syria, hundreds, sometimes thousands, of individuals have crossed national borders to engage in violent conflicts in which serious human rights violations and mass atrocities have been committed...

12/10/21
Image of Children looking through holes in a tent at al-Hol displacement camp in Hasaka governorate, Syria, on April 2, 2019.
Press Releases

ICTJ Report: Iraq’s De-Baathification Still Haunts the Country, Holds Lessons for Others

The International Center for Transitional Justice (ICTJ) released a new report today providing detailed information and analysis on how Iraq dismantled Saddam Hussein’s Baath Party and purged state institutions of party members. The report, titled “A Bitter Legacy: Lessons of De-Baathification in Iraq,” carries valuable lessons for countries in the Middle East and North Africa (MENA) as they consider how to deal with legacies of abuse by the security and political apparatuses of former regimes.

03/05/13
Press Releases

ICTJ: South Africa Allows Bashir to Depart, Dealing Grave Blow to Victims’ Rights and International Justice

The actions of the South African government, in allowing Bashir to depart, have dealt a grave blow to the rights of victims of atrocities in Darfur and to the prospects of establishing a credible system of international criminal justice through the ICC.

06/15/15
Press Releases

ICTJ to Take Part in Eighth Al Jazeera Forum: “Change in the Arab World: Where To?”

ICTJ President David Tolbert will be a featured speaker at this year’s Al Jazeera Forum in Doha, Qatar. Al Jazeera Forum is the flagship event of Al Jazeera Media Network, at which Al Jazeera showcases its contribution to the world of media and politics.

05/21/14
In Focus

ICTJ to Take Part in Seventh Al Jazeera Forum: “Arab World in Transition: Opportunities and Challenges”

ICTJ’s president David Tolbert will be one of the featured speakers at this year’s Al Jazeera Forum in Doha, Qatar, which aims to explore the complex transformation of the socio-political and media landscapes of the Middle East and North Africa.

03/12/13
In Focus

Ignoring Cries for Justice, South Africa Fails Victims of Apartheid-era Crimes

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

01/07/13
Podcasts

Iraqi Voices: Attitudes Toward Transitional Justice and Social Reconstruction

This report is based on data obtained from extensive interviews and focus group discussions conducted in July and August 2003 with representatives from a broad cross-section of the Iraqi population. The report’s conclusions and recommendations are divided into seven main areas: past h...

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ICTJ, Human Rights Center - University of California, Berkeley

Report

Law of the Supreme Iraqi Criminal Tribunal

This report describes the Supreme Iraqi Criminal Tribunal. It discusses the court's establishment and organization, jurisdiction, individual criminal responsibility, rules of procedure and evidence, and general principles of criminal law. It examines, in depth, the guidelines and fram...

by

Al-Waqa’i Al-Iraqiya (Official Gazette of the Republic of Iraq)

Report

“Learning Peace”: Groundbreaking New Book from ICTJ and UNICEF Stirs Debate on Education, Justice and Peacebuilding

A groundbreaking new book from the International Center for Transitional Justice (ICTJ) and UNICEF examines the complicated relationship between education, justice and peacebuilding in societies grappling with a legacy of violent conflict. It offers lessons on how education can be harnessed in a divided society to overcome the past and create the conditions for peace, often under very difficult circumstances.

11/29/16
Press Releases

Lessons of De-Baathification in Iraq

From its inception in 2003, the process of de-Baathification – the purge of Iraq’s state institutions of Saddam Hussein’s Baath Party members in the aftermath of the US-led invasion - polarized Iraqi politics and led to the collapse of many state functions. Today, Iraq continues to be haunted by its legacy. An examination of Iraq’s flawed vetting experience is presented in a major new ICTJ report, titled "A Bitter Legacy: Lessons of De-Baathification in Iraq."

03/05/13
In Focus

Media and Transitional Justice: A Dream of Symbiosis in a Troubled Relationship

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...

by

Refik Hodzic and David Tolbert

Briefing Paper

In Memoriam, ICTJ Founder Alex Boraine

Dr. Alex Boraine, founder of the ICTJ, was larger than life. In his long career, he touched the lives of thousands in his beloved South Africa and around the world.

12/05/18

by

Howard Varney

In Focus

An Overlooked Aspect of Sexual and Gender-Based Violence

Recent recognition of the work of Nobel Laureate Nadia Murad has drawn global attention to the issue of sexual violence and gender-based violence in conflict. But, as ICTJ Expert Kelli Muddell argues, the nuances of gender norms and how they impact women, men, and vulnerable populations are still often missing from conversations about victims.

10/30/18

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Kelli Muddell

In Focus

Overpromised, Underdelivered: Transitional Justice in Sub-Saharan Africa

This paper discusses the challenges encountered during efforts to pursue justice in a number of sub-Saharan African countries in transition, including Burundi, the Democratic Republic of Congo, Ghana, Liberia, Rwanda, Sierra Leone, and South Africa. It presents a background and geneal...

by

ICTJ; Lydiah Bosire

Briefing Paper

Political Pardons Would Damage the Legacy of South Africa's Truth and Reconciliation Commission

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.

03/06/15
In Focus

To Prevent Enforced Disappearances, Rethink the Justice and Security Equation

With enforced disappearances on the rise, ICTJ President David Tolbert says the path to prevention is clear: the international community must reorder its priorities and change its approach. The disproportionate attention on counterterrorism takes us further away from accountability and prevention, Tolbert writes. He urges the international community to lead the way in unequivocally censoring governments that use enforced disappearance as a political tactic — and ensuring there can be no impunity for this crime.

08/30/17
In Focus

'Prince of Peace' and ICTJ Founder Alex Boraine Laid to Rest

Alex Boraine, founder of the ICTJ and soldier in the struggle for human rights around the world, will be laid to rest in Cape Town today. He has been called the “Prince of Peace” for his lifelong commitment to transforming South Africa’s society through truth, reconciliation, justice, following the horrors of apartheid.

12/12/18
Press Releases

Prosecuting Heads of State

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...

by

Ed. Ellen L. Lutz, Caitlin Reiger

Book

Remembering Alex Boraine: An Intimate Conversation

In December 2018, we mourned the loss of ICTJ's founder, Alex Boraine. On December 12, Fernando Travesí sat down for an intimate conversation with Vincent Mai—ICTJ’s first chairman—to learn more about a life that we will continue to commemorate in the months and years to come.

02/06/19
In Focus

Research Brief: Country case studies on the use of pardons

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

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ICTJ

Research Brief

Research Brief: Country case studies on the use of pardons

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.

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ICTJ

Research Brief