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Recent speculation indicates that U.S. President George W. Bush may grant pardons to administration officials and members of the military who might face prosecution for authorizing, ordering, endorsing, justifying or committing acts pursuant to the “war on terror.” While a pardon application process exists within the Department of Justice, the president is free to issue pardons without regard to the process and for any reason, including a desire to shield members of his administration and the military from investigations.

In the U.S., the democratic principle that openness in government can act as an important check against the possibility of government abuse has been steadily undermined. A critical information gap, only partially addressed through fragmented investigative efforts within and outside government, leaves important questions unanswered, such as how and by whom abuse has been authorized and carried out, on what scale and with what human and policy consequences.

ICTJ works with policymakers at the local, national, and international levels, whose decisions can have profound impact on transitional justice. We provide advice and analysis to help them formulate policy. Informing best practice: provide analysis of transitional justice ‘best practices’ based on our research and field experience worldwide.

In this briefing paper ICTJ addresses one of the crucial points of the peace negotiations between the Government of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP): the possibility of providing recourse to the broadest amnesty possible and pardons as part of the treatment of the different crimes committed in the framework of more than fifty years of armed conflict.

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.

Angkar, screened on June 16 at the New York Human Rights Watch Film Festival, follows Khonsaly, a victim of the Khmer Rouge, on his journey to the village he fled almost 30 years ago. The film, produced by Neary Adeline Hay about her father's experience with torture and repression, is an intergenerational offering to truth and memorialization work that dances between the inheritance of abuse and its painful recollection by a survivor.

This briefing paper examines the potential in Mali for appropriate and effective transitional justice approaches that are reflective of the primary concerns and demands of citizens. Over 30 interviews were conducted with a wide range of actors in Bamako, including representatives of the state, judiciary, religious organizations, civil society, and international organizations. It concludes that positive steps have been taken toward advancing accountability in the country, but victims and civil society remain critical of the lack of integration among different transitional justice mechanisms as well as the government's top-down approach in a context where the local and communal are of primary importance.

Bosnian Serb leader Radovan Karadzic was recently sentenced by the ICTY to 40 years for genocide and crimes against humanity, crimes which have decisively shaped the society in Bosnia and Herzegovina. In this essay, ICTJ’s Refik Hodzic explores what would it take for this poisonous legacy to be dismantled and makes a case for acknowledgement and reparations as matters of moral imperative, but also of political necessity.

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.

Though the future of President Bashar al-Assad’s regime remains to be seen, some are already planning for the complex aftermath of the regime’s demise. On January 26-27, Syrian activists joined ICTJ and other international experts in Istanbul for two days of discussion on possibilities for transitional justice in Syria.