140 results

A Reflection on How to Capitalize on Small Gains in Prosecuting International Crimes in DRC

On International Justice Day, the head of ICTJ's Criminal Justice program in the Democratic Republic of the Congo (DRC), Myriam Raymond-Jetté, reflects on how to build on small successes in prosecuting international crimes in the national courts.

07/17/15
In Focus

The Accountability Landscape in Eastern DRC Analysis of the National Legislative and Judicial Response to International Crimes (2009–2014) - Briefing

This briefing paper summarizes the findings of an ICTJ report (by the same name) on the judicial response to international crimes in the Democratic Republic of the Congo. It makes substantive recommendations to justice stakeholders in the DRC on how to advance prosecutions of internat...

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Sofia Candeias, Luc Côté, Elsa Papageorgiou, and Myriam Raymond-Jetté

Briefing Paper

The Accountability Landscape in Eastern DRC

This report analyzes the response of Congolese judicial authorities to international crimes committed in the territory of the Democratic Republic of the Congo from 2009 to 2014, with a particular focus on the war-torn East (North Kivu, South Kivu, and Ituri). It finds that the number ...

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Sofia Candeias, Luc Côté, Elsa Papageorgiou, and Myriam Raymond-Jetté

Report

ICTJ Report Finds Slow Progress in Prosecuting International Crimes in Eastern DRC; Prosecution Strategy Is Needed to Address Large Scale of Violations

A new report by the International Center for Transitional Justice analyzes the Congolese judicial authorities’ response to international crimes committed in the territory of the Democratic Republic of the Congo from 2009 to 2014, with a particular focus on the war-torn east (North Kivu, South Kivu, and Ituri). It finds that the number of open investigations into international crimes is very low compared to the large number of atrocities being committed.

07/17/15
Press Releases

At ICTJ Conference, Congolese Magistrates Discuss Strategy for Prosecuting International Crimes

The International Center for Transitional Justice (ICTJ) held a seminar for Congolese military and civilian magistrates on June 24 and 25, 2015, to discuss a national strategy for prosecuting international crimes and prioritizing cases to clear the backlog in national courts. The seminar aimed to examine and propose solutions for why so many well-documented crimes committed by armed groups in the Democratic Republic of the Congo remain unaddressed.

06/26/15
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

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

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

Criminal Justice in Transitional Contexts: What Lessons can Colombia Learn from International Experiences?

Many in Colombia are also interested in learning from international experiences where criminal accountability measures were applied to pursue justice after massive human rights violations, like in Bosnia and Herzegovina, Cambodia, Sierra Leone and East Timor. With the aim of promoting an exchange of ideas on what lessons could be useful for Colombia, the ICTJ will be holding a conference in Bogotá on November 24th.

11/19/14
In Focus

Reflections on ICC Jurisprudence Regarding the Democratic Republic of the Congo

This briefing paper analyzes and reflects on the development of the ICC prosecutor’s strategy and application of procedural rules, since operations began at the International Criminal Court more than a decade ago. The mixed results of the court’s first cases, which arise from the situ...

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Michèle Laborde-Barbanègre and Roxane Cassehgari

Briefing Paper

Case Against Thomas Lubanga

This briefing paper provides an overview of the proceedings against Thomas Lubanga before the International Criminal Court since the start of the prosecutor’s investigation in 2004 until the 2012 decisions of Trial Chamber I concerning the verdict, the sentence, and reparations. It id...

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Michèle Laborde-Barbanègre, Guy Mushiata, and Meritxell Regue

Briefing Paper

Case Against Callixte Mbarushimana and Sylvestre Mudacumura

This paper provides a description of the brief proceedings against Callixte Mbarushimana and Sylvestre Mudacumura before the International Criminal Court.

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Michèle Laborde-Barbanègre, Guy Mushiata, and Meritxell Regue

Briefing Paper

Case Against Germain Katanga and Mathieu Ngudjolo

This briefing paper provides an overview of the proceedings against Germain Katanga and Mathieu Ngudjolo before the International Criminal Court. The conviction and sentence against Katanga signifies the first final judgment of the ICC.

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Michèle Laborde-Barbanègre, Guy Mushiata, and Meritxell Regue

Briefing Paper

ICC’s Intolerance of Impunity Does Not Make It an Enemy of Peace

ICTJ Vice President Paul Seils writes that the ICC cannot endorse impunity measures any more than others committed to the defense of human rights and the struggle for peace and justice.

11/17/14
In Focus

Experts Gather in Kinshasa to Discuss the National Judicial Response to Serious Crimes in the DRC

ICTJ, in cooperation with the United Nations Joint Human Rights Office (UNJHRO) and the United Nations Development Programme (UNDP), organized a high-level conference in Kinshasa today to discuss ways to strengthen the Congolese judicial system and its ability to investigate and prosecute serious crimes, such as genocide, war crimes, and crimes against humanity.

11/12/14
Press Releases

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

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

Making Justice a Reality Where It Counts

In this op-ed, ICTJ Vice President Paul Seils argues that the front line of justice must always be national courts and justice systems. "Citizens must see social institutions at work in their home countries, as it is there that courts can repudiate wrongdoing and reaffirm the most fundamental elements of the contract that binds a society together. It is there that having the dignity of a citizen can have its fullest meaning," writes Seils on International Justice Day.

07/18/14
In Focus

Kofi Annan Foundation and ICTJ Call for Contextualized Approaches to Peace Processes

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.

06/18/14
Press Releases

Youth and Transitional Justice: The Power of Education

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.

06/16/14
In Focus

Challenging the Conventional: Can Truth Commissions Strengthen Peace Processes?

This joint report by ICTJ and the Kofi Annan Foundation explores common assumptions about why truth commissions are created in the wake of armed conflict and what factors make them more likely to succeed – or fail. It arises from a high-level symposium hosted by the two organizations ...

Report

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

DRC: Refusal to Pardon Serious Crimes Signals Justice Could be On the Way

A new amnesty law passed by the government in the Democratic Republic of the Congo (DRC) will grant amnesty to hundreds of members of armed groups engaged in hostilities, including members of the infamous M23 rebels, but stops short of pardoning serious crimes.

05/15/14
In Focus

ICTJ and Center for Global Affairs to Host Conversation on Africa and the International Criminal Court

Join ICTJ and the Center for Global Affairs for a conversation on how the ICC and the African Union can move forward, and what the AU position means for effective prosecutions within Africa and elsewhere.

02/24/14
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

ICTJ Forum Series: Truth Commissions and Peace Mediation

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.

11/22/13
In Focus

Opening New Chapters in Latin America with Truth Commissions

The one-day forum “Latin American Experiences with Truth Commissions,” organized by the International Center for Transitional Justice in Bogotá on July 22, brought together leading experts to discuss experiences and lessons learned from truth-seeking processes that shed light on massive human rights violations in four countries: Argentina, Guatemala, Paraguay, and Peru.

07/31/13
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

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

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

Pressure on Congolese Authorities Key to Ending Impunity for Sexual Violence in the DR Congo

In this opinion piece, ICTJ's Sharanjeet Parmar asks: why do international efforts to tackle impunity for sexual violence in the DRC continue to miss the mark? High-level diplomatic visits are important in underscoring the responses needed for sexual violence survivors. However, without a strong political commitment from top Congolese authorities to address rampant impunity for sexual violence, no amount of attention or media coverage will reduce the violence or put an end to the cycles of suffering.

03/27/13
In Focus

'Pay Back What We Have Lost': ICTJ Report Spotlights Congolese Government’s Failure to Pay Court-Ordered Reparations for Army Crimes

“Judgment Denied,” a report from the ICTJ, details four military court cases in the Democratic Republic of the Congo involving dozens of victims, egregious human rights violations, and nearly $1 million in outstanding awards owed by the government. In every case, serious crimes were committed against civilians by members of the Congolese Army, but the government has yet to pay compensation ordered by the courts.

02/20/13
Press Releases

Judgment Denied: The Failure to Fulfill Court-Ordered Reparations for Victims of Serious Crimes in the Democratic Republic of the Congo (French)

Following field research in late 2009 and a 2010 workshop in Kinshasa, ICTJ produced a report in French on the challenges of enforcing court-ordered reparations. This briefing paper outlines and summarizes the challenges and recommendations discussed in the report. It also proposes ad...

Briefing Paper

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

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

ICTJ Program Report: Africa

The latest ICTJ Program Report presents ICTJ’s work in Africa. In a deeply insightful interview, Suliman Baldo, director of ICTJ’s Africa program and one of the world’s leading experts on transitional justice in Africa, discusses transitional justice processes in Ivory Coast, Kenya, Democratic Republic of Congo, and Uganda.

12/04/12
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

Synthesis Report on "Supporting Complementarity at the National Level: From Theory to Practice"

The International Center for Transitional Justice (ICTJ), in cooperation with the United Nations Development Programme (UNDP), with support from the Governments of Denmark and South Africa, and in close consultation with the Assembly of States Parties to the Rome Statute (ASP), held a...

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ICTJ

Report

International Fight Against Impunity Starts with the Responsibility of States

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.

11/02/12
In Focus

Courts of First Resort: Prosecuting International Crimes at the National Level

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.

10/24/12
In Focus

DRC: Lubanga Reparations Decision Should be Celebrated, but Only When Victims Receive Compensation

The decision on reparations by the International Criminal Court (ICC) in the case of Congolese warlord Thomas Lubanga sets a historic precedent, but it should not be celebrated until victims in the Democratic Republic of the Congo (DRC) are fully compensated through an inclusive and participatory process. The Lubanga decision stated that reparations “go beyond the notion of punitive justice, towards a solution which is more inclusive, encourages participation and recognizes the need to provide effective remedies for victims.” Yet Ruben Carranza, director of ICTJ’s Reparative Justice program, is cautious about celebrating before the process is complete.

08/13/12
Podcasts

The Case for Justice

Why pursue transitional justice in the aftermath of massive human rights violations? “The Case for Justice” provides a window into the debate about the relevance of transitional justice in today’s world.

07/16/12
In Focus

Lubanga Sentence: Historic Test of ICC’s Mandate to Award Reparations to Victims

The trial of Thomas Lubanga before the ICC has the potential to set a critical precedent regarding the right to reparations. In our latest podcast ICTJ's Director of Reparations Ruben Carranza discusses recommendations ICTJ submitted to the ICC concerning the implementation of reparations. [Download](/sites/default/files/Carranza_ICTJ_Podcast_06132012.mp3) | Duration: 16:56mins | File size: 9.69MB

06/18/12
Podcasts

Judgment Denied: The Failure to Fulfill Court-Ordered Reparations for Victims of Serious Crimes in the Democratic Republic of the Congo

Following field research in late 2009 and a 2010 workshop in Kinshasa, ICTJ produced a report in French on the challenges of enforcing court-ordered reparations. This briefing paper outlines and summarizes the challenges and recommendations discussed in the report. It also proposes ad...

by

Sharanjeet Parmar; Guy Mushiata

Briefing Paper

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

Reparations and the Lubanga Case: Learning from Transitional Justice

The conviction of Thomas Lubanga is a milestone for the international criminal justice system and may make an important contribution to the development and definition of the right to reparations in international human rights law. Accompanying a submission filed with the ICC in advance of its reparations proceedings, ICTJ has produced a briefing note examining what lessons the court can learn from the broader transitional justice field.

04/18/12
In Focus

Reparations and the Lubanga Case: Learning from Transitional Justice

The conviction of Thomas Lubanga is a milestone for the international criminal justice system established by the Rome Statute, and may make an important contribution to the development and definition of the right to reparations in international human rights law. ICTJ has produced a br...

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ICTJ; Ruben Carranza

Briefing Paper

Building the First Line of Defense against Impunity: Podcast with Phakiso Mochochoko

The global struggle against impunity relies on a frontline of national judicial systems willing and able to prosecute war crimes, crimes against humanity, and genocide. In this final podcast on complementarity, Phakiso Mochochoko, head of the Jurisdiction, Complementarity, and Cooperation Division of the International Criminal Court, discusses the role the court must play in supporting complementarity in practice. [Download](/sites/default/files/Mochochoko_ICTJ_Podcast_03202012.mp3) | Duration: 10:17mins | File size: 5.88MB

03/26/12
Podcasts

ICC Asked Tough Questions by Historic First Judgment

After three years on trial and a total of seven in detention, Thomas Lubanga gained the dubious notoriety of becoming the first person to be convicted by the International Criminal Court (ICC) in The Hague. It would be encouraging if the court, including the prosecution, indicated it saw Lubanga’s judgment as an opportunity to learn critical lessons as well as celebrate a historic day in international justice.

03/19/12
In Focus

U.S. Pressure Needed to End Impunity in the Congo

For the millions of victims of the country’s successive wars, Lubanga is just one of many who are responsible for crimes on an astonishing scale. Congolese authorities must end the widespread impunity enjoyed by those who remain in positions of power in the government and military or violence and instability are likely to continue for years to come.

03/13/12
In Focus