134 results

South Africa: Constitutional Court Upholds Right to Express the Truth

CAPE TOWN, April 8, 2011 —In a landmark judgment handed down today the Constitutional Court upheld the rights of victims of apartheid era abuses, as well as the media and public, to speak the truth about crimes amnestied by the Truth and Reconciliation Commission (TRC). The court held that truth...

04/08/11
Press Releases

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.

by

ICTJ; Howard Varney

Briefing Paper

Truth Telling, Identities, and Power in South Africa and Guatemala

Truth commissions can provide a stage for a potentially powerful encounter with the past (and present) at the level of public discourse. While their capacity to effect transformation in societies marked by patterns of identity-related marginalization and exclusion is limited (and the ...

by

Madeleine Fullard and Nicky Rousseau

Research Brief

Transitional Justice and DDR: The Case of South Africa (Brief)

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...

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Hugo van der Merwe and Guy Lamb

Research Brief

Transitional Justice and DDR: The Case of South Africa (Case study)

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...

by

Hugo van der Merwe and Guy Lamb

Research Case Study

Transcript of the Interview with Albie Sachs

SEILS: ICTJ are delighted to host today a real giant in the world of political and legal struggle. Albie Sachs has not only played a huge and influential role in the development of the South African constitution but after being nominated by Nelson Mandela for 15 years in the new constitutional court...

04/25/11
In Focus

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. ...

by

ICTJ

Fact Sheet

South Africa: Notice of Application for Leave to Appeal

Applicants apply to the Supreme Court of Appeal against the judgment regarding North Gauteng High Court, Pretoria.

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South Africa North Gauteng High Court

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

Handbook on The Special Tribunal for Lebanon

The Special Tribunal for Lebanon is an internationalized court that will sit in the Netherlands and seek accountability for a specific set of crimes in Lebanon. It remains to be seen whether or how the Tribunal might contribute toward accountability in Lebanon, but it is clear from ex...

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ICTJ; Friedrich Ebert Stiftung

Report

Southern African Regional Assessment Mission Reports

South Africa, Zimbabwe, Angola, Mozambique and Namibia have all experienced massive violations of human rights in the recent past. Apart from Zimbabwe, where a political crisis continues, all of these states have further seen the end of major conflicts within the last two decades. Onl...

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ICTJ

Report

Research Brief: Selected examples of United States Commissions of Inquiry

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 ...

by

ICTJ

Research Brief

In the High Court of South Africa: Judgment: Nkadimeng, et al

Document from the High Court of South Africa regarding a case on enforced disappearances.

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. ...

by

ICTJ

Fact Sheet

Transitions May 2011: Amnesty Does Not Erase the Truth

ICTJ's monthly newsletter, providing transitional justice news and updates from around the world. 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 C...

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ICTJ

Newsletter

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

Early Reflections on Local Perceptions, Legitimacy and Legacy of the Special Tribunal for Lebanon

This journal article examines challenges to the legitimacy of the Special Tribunal for Lebanon (STL). These challenges include selective impunity, the highly selective nature of the jurisdiction of the STL, and the fears that the STL itself will act as an instrument for foreign powers...

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ICTJ; Marieke Wierda, Habib Nassar, and Lynn Maalouf

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...

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ICTJ; Lydiah Bosire

Briefing Paper

The Contemporary Right to Property Restitution in the Context of Transitional Justice

This study examines the development of restitution and reparations in international law and practice over the last century. It aims to provide recommendations on how restitution can best contribute to transitional justice by reviewing four case-studies: the Czech Republic, South Afric...

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ICTJ; Rhodri C. Williams

Briefing Paper

South Africa: New Reparations Plan Embitters Many Victims

On May 11, the South African Department of Justice and Constitutional Development (DOJ) invited comments on new regulations governing the distribution of reparations to victims of the apartheid era in the form of medical and educational benefits. Civil society organizations and groups representing survivors’ interests have raised concerns regarding the scope of the regulations, as well as the DOJ’s overall failure to engage with survivors and consider their views when drafting reparations policies.

06/06/11
In Focus

Seeking Reparations for Apartheid Victims: Interview with Dr. Marjorie Jobson

Earlier this month, South Africa’s Department of Justice and Constitutional Development proposed draft regulations relating to reparations for apartheid-era victims. In an ICTJ podcast, Dr. Marjorie Jobson, National Director of the Khulumani Support Group assesses the draft regulations and puts forth ideas on how to better address victims’ needs. [Download](/sites/default/files//sites/default/files/Jobson_ICTJ_Podcast_05302011.mp3) | Duration: 7mins | File size: 4MB

06/06/11
Podcasts

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

Remaining at the Forefront: Podcast with Kelli Muddell

In this podcast, Kelli Muddell, director of ICTJ’s Gender Justice Program, discusses ICTJ's work on gender and transitional justice in the Middle East and North Africa, which included a meeting of women policymakers and activists in Amman, Jordan earlier this month. [Download](/sites/default/files/Muddell_ICTJ_Podcast_07172011.mp3) | Duration: 8mins | File size: 4.5MB

07/18/11
Podcasts

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...

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ICTJ

Reaction to the death of Judge Antonio Cassese from the legal community

David Tolbert, President of International Center of Transitional Justice: "I join many others in giving a final salute to Nino Cassese. He was man of extraordinary energy, singular determination and extraordinary intellectual talents but at the same time was an unassuming man, with a ready smile, an engaging anecdote and plenty of self-deprecation. Nino was a driving force behind the field of international criminal justice, not only through his leadership of both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL) but through his unstinting writing and advocating on this most crucial of subjects."

10/29/11
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

Lebanon: Families Propose Draft Law for the Missing and Forcibly Disappeared Persons

A two-day roundtable discussion on a draft law on the missing and forcibly disappeared persons was held February 24–25 in Beirut, Lebanon. Organized by the Committee of the Families of the Kidnapped and Disappeared in Lebanon, Support of Lebanese in Detention and Exile (SOLIDE), Act for the Disappeared, and ICTJ, the roundtable was part of the project “Lebanon’s unaddressed legacy: the missing and the families’ right to know,” funded by the European Union (EU) and the Embassy of Switzerland in Lebanon.

02/28/12
Press Releases

Armed with the Right to Truth, Families of the Missing Lobby to Learn Their Fate

Lebanon has yet to seriously address the issue of thousands of people who went missing or were forcibly disappeared during the country’s civil war. ICTJ spoke with Lebanese activists to discuss a recent initiative taken by the families of the missing and civil society organizations to create a draft law on the missing.

03/05/12
In Focus

Badna Naaref: Lebanon’s Online Wartime Diary

Last month ICTJ, with Saint Joseph University’s Modern Arab World Research Center and UMAM Documentation and Research launched the website “ Badna Naaref ” (We Want to Know). This oral history project conducted by students tells the stories of suffering and survival during the war in Lebanon, serving both to commemorate and educate.

04/04/12
In Focus

Zuma’s Presidential Pardons Process “Unconstitutional”

Almost 150 criminals, racist killers, and those responsible for mass atrocities committed during and immediately after apartheid have been recommended for special pardon in a deeply flawed and unconstitutional process headed by President Jacob Zuma, the South African Coalition for Transitional Justice (SACTJ) warned today.

06/15/12
Press Releases

Justice for the Disappeared is at the Heart of Transitional Justice

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.

08/28/12
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

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

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

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

Inquiry Into Lebanon’s Past Aims to Break Walls of Silence

Despite the overwhelming percentage of Lebanese who were affected by recent wars and political unrest, discussion of Lebanon’s past is largely absent from public spheres. A new documentary follows youth in Lebanon as they set out to find the truth.

04/04/13
In Focus

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

Soft Vengeance: An Interview with South Africa’s Albie Sachs

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.

04/22/13
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

Living with the Shadows of the Disappeared

In the brutality of armed conflict or tyranny of a repressive regime, many who go missing are never found again: whether “disappeared” by agents of the state or abducted by an armed faction, the whereabouts of thousands are still unknown to this day. On this International Day of the Disappeared, ICTJ recognizes that enforced disappearances constitute crimes against humanity, and they affect women in ways unique from the impact on men.

08/22/13
In Focus

Enforced Disappearances: Justice for the Disappeared Has a Woman’s Face

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.

08/30/13
In Focus

Charting Decades of Violence in Lebanon

Despite the overwhelming number of Lebanon's civilians killed, injured, displaced or otherwise harmed by decades of violence, there remains a near-total lack of official acknowledgment, reparation, truth about serious crimes or accountability for the perpetrators. ICTJ is pleased to release the first in a series of publications that aim to bring the crimes of the past in Lebanon to light.

09/11/13
In Focus

Lebanon’s Legacy of Political Violence

This report compiles information on hundreds of incidents of serious human rights violations that occurred in Lebanon from 1975 to 2008, including mass killings, enforced disappearances, assassinations, forced displacement, and the shelling of civilian areas. It reveals patterns of vi...

by

ICTJ

Report

ICTJ Forum: Facing the Past in Lebanon

In this edition of the ICTJ Forum, we speak with Lynn Maalouf, one of the primary authors of a new report by ICTJ entitled Lebanon’s Legacy of Political Violence. The report compiles information on hundreds of incidents of serious crimes that took place from 1975 to 2008 in all parts of Lebanon.

09/18/13
In Focus

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

Failing to Deal with the Past: What Cost to Lebanon?

This report examines the situation of impunity in Lebanon that has persisted since the 1975-1990 war through the lenses of core elements of transitional justice. It analyzes Lebanon’s past experience of ineffective transitional justice measures -- including limited domestic trials, na...

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ICTJ

Report

New ICTJ Study Highlights Consequences for Lebanon of Not Dealing with the Past

A culture of impunity for serious violations of human rights continues to thrive in Lebanon, says a report released today by ICTJ.

03/03/14
Press Releases

Lebanon: The Cost of Impunity

For decades, Lebanese governments have made only partial and ineffective attempts to hold powerful individuals, groups, and foreign states accountable for violations committed on Lebanese soil, including against civilians. The consequences of their failure to act – for victims and Lebanese society – are grave. ICTJ's new report looks at the culture of impunity for serious violations of human rights continues to thrive in Lebanon.

03/03/14
In Focus

Seeking the Truth about the Missing in Lebanon: An Interview with Nizar Saghieh

Lebanon has ruled that families of missing and disappeared persons would be allowed access to the investigation files and full report of the Commissions of Inquiry on the Missing and Forcibly Disappeared in Lebanon. In a new episode of our ICTJ Forum, we speak with lawyer Nizar Saghieh about what the ruling means for Lebanese families who continues to search for their missing loved ones.

04/02/14
In Focus

Watch Your Step: Theater Production and Heritage Tour to Open in Beirut

ICTJ is pleased to announce the opening of an innovative site-specific theater performance in Beirut to mark the 39th anniversary of the Lebanese Civil War.

04/22/14
In Focus