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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...

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.

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...

This document presents a non‐exhaustive summary of some of the topics discussed at a workshop on outreach organized by the ICTJ in collaboration with the ECCC from March 3-5, 2010. It first provides a general overview of the ECCC functions and outreach activities. Thereafter, it highl...

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 ...

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...

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...

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...

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. ...

Overview of the proceedings of the ECCC, the hybrid tribunal created in 2006 to try senior leaders of the Khmer Rouge and those "most responsible" for the crimes that took place. The court has five suspects in custody and has almost completed its first trial which began in March of 20...

Transforming a Legacy of Genocide presents the findings of a November 2007 survey of visitors to Choeung Ek, a public memorial of one of Cambodia's notorious "killing fields" during the Khmer Rouge regime, where approximately 20,000 people were killed between 1975 and 1979. The survey...

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...

This paper is meant to help the Extraordinary Chambers in the Courts of Cambodia (ECCC), the civil parties before the court and other Khmer Rouge period survivors and their families deal with practical and legal issues in the course of fulfilling the reparations mandate of the ECCC. ...

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,...

The three conference organizers stressed the importance of bringing the stakeholders of victim participation in the ECCC together to encourage a dialogue to identify and address the various opportunities and challenges presented by victim participation, particularly as Civil Parties, ...

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

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.

The Cambodian diaspora in France and Belgium has been actively following the development of efforts to prosecute Khmer Rouge officials responsible for crimes committed in Cambodia between 1975 and 1979. Diasporas have assumed a new and important role in the judicial and political aren...

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...

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

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. ...

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...

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.

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...

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...

ICTJ provides constructive comments on the draft Internal Rules for the Extraordinary Chambers in the Courts of Cambodia (ECCC). While the draft Internal Rules provide greater procedural clarity for the ECCC proceedings, ICTJ lists several concerns in five areas that must be focused o...

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...

The Extraordinary Chambers of the Courts of Cambodia's reparations mandate may seem narrow and restrictive. Yet there are several potential ways in which the Court can make the right to reparations meaningful for civil parties and for many other Cambodians. It has the ability to inf...

This paper explores the challenges to uncovering the truth about the atrocities committed under the Khmer Rouge and achieving justice for victims in Cambodia. It discusses which transitional justice mechanisms are applicable and what opportunities to achieve truth and accountability e...

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.

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

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...

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...

JAKARTA, Nov. 15, 2011 —Experts and stakeholders from Cambodia, the Philippines, Bangladesh, Indonesia, Burma, Timor-Leste, Thailand, and Nepal, along with international experts are gathering in Jakarta’s Hotel Atlet from November 15–16 to discuss the need for progress on prosecuting serious crimes in Asia.

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

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

On August 7, the Extraordinary Chambers in the Courts of Cambodia (ECCC) found two senior leaders of the Khmer Rouge, Nuon Chea and Khieu Samphan, guilty of crimes against humanity. For many victims who have been waiting for 35 years, the judgment still felt like bittersweet justice.

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.

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.

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.

The new film "Don't Think I've Forgotten: Cambodia’s Lost Rock and Roll" explains the events of 1960s and 70s through the eyes of the musicians and artists who ushered in a new era of sound, only to be silenced too soon. As the world commemorates the 40th anniversary of the genocide in Cambodia, the new documentary presents the untold story of how their music managed to survive.