Search

This paper analyzes the serious crimes process the UN established in Timor-Leste to try serious violations of human rights perpetrated in 1999. The main difficulty facing this process is that the vast majority of suspects are in Indonesia, and the Timorese government has not been able to secure their surrender. This issue has called into question the success of the entire operation and whether it was appropriate to pursue a hybrid court in Timor-Leste.

This study examines various aspects of existing reparations following the 1991-1999 conflicts in the former Yugoslavia. It clarifies the different categories of reparation; identifies groups potentially entitled to compensation; assesses the extent and fairness of existing policies; and highlights obstacles to inclusive programs in order to development strategic responses for improvements.

This report provides parameters for the creation of a reparations program in Peru. The program must be included in the process of raising a new national awareness in Peru regarding past abuses and building a legal-political framework more responsive to human rights. To ensure sustainability, the reparations planning process should be accompanied by a political strategy to promote and defend the program.

This report presents a study of ex-combatants' knowledge and opinions of the Truth and Reconciliation Commission (TRC) and Special Court (SC) in Sierra Leone. Ex-combatants and these accountability institutions are interdependent. Ex-combatants need the TRC and SC to help them reintegrate and reconcile with their communities, and the TRC cannot fulfill its aims without the participation of ex-combatants. This report provides information that can help depict and shape this relationship in a way that best promotes reconciliation, justice, and peace.

This paper explores practical issues regarding the relationship between the Truth and Reconciliation Commission (TRC) and Special Court (SC) in Sierra Leone. It looks at: 1) the legal relationship of the Commission and the Court; 2) the question of whether the TRC information should be disclosed to the Court; 3) protective measures (in the case of disclosure); 4) whether other means of collaboration between the Court and the Commission are appropriate; and 5) mutual adjustments of operations.

The ICC is the most significant international development of our time in the fight against impunity. Since July 1, 2002, when it entered into force, the Rome Statute system has profoundly changed responses to international crimes. The Review Conference is a landmark opportunity to assess the workings of the Statute and the Court, and will be held from May 31 to June 11, 2010 in Kampala, Uganda.

This memorandum is a legal analysis of the applicability of the UN Convention on the Prevention and Punishment of the Crime of Genocide to events which occurred in Turkey-Armenia during the early twentieth century. It was drafted by independent legal counsel based on a request made to ICTJ on the basis of the Memorandum of Understanding entered into by The Turkish Armenian Reconciliation Commission in 2002. It addresses solely the applicability of the Genocide Convention to the events.

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.

This policy brief reviews the work of the United Nations Human Rights Council as it relates to transitional justice, five years after the Council's establishment. Overall findings indicate that the Council and its mechanisms, notably the system of Special Procedures, have approached justice for mass atrocities in a piecemeal and—sometimes—politicized manner. More effective use of a transitional justice framework could strengthen the Council's ability to fulfill its mandate to address human rights violations and prevent future abuse.

In April, the World Bank released its 2011 World Development Report (WDR) entitled Conflict, Security, and Development. It is the first WDR that links transitional justice to security and development and places human rights violations at the heart of its analysis of conflict. ICTJ has produced a fact sheet outlining the core findings of the report as they pertain to transitional justice.