This update series summarizes developments in the Anfal trial of Saddam Hussein, his cousin Ali Hassan al-Majid, and five other co-defendants before the Iraqi High Tribunal. It covers the trial's defense and closing phases. Five of the six defendants were sentenced to either multiple life sentences or death. Charges against the sixth defendant, al-'Aani, were dismissed for lack of evidence.
This report traces the human rights abuses under King Hassan II—including arbitrary arrest, torture, and disappearance—that led to the development of the Moroccan Equity and Reconciliation Commission (Instance Équité et Réconciliation (IER)). It provides both a historical reference and lays the foundation for a more thorough analysis once the Commission's work has been completed. It also offers several recommendations to bolster and augment Morocco's truth-seeking experience in the coming months and years.
This report describes the Supreme Iraqi Criminal Tribunal. It discusses the court's establishment and organization, jurisdiction, individual criminal responsibility, rules of procedure and evidence, and general principles of criminal law. It examines, in depth, the guidelines and framework of the tribunal.
This paper discusses the significance of the trials of Saddam Hussein and his close associates held by the Supreme Iraqi Criminal Tribunal. It examines the challenges faced by the Tribunal - including concerns that the process was dominated by the U.S. government (hence undermining the results), and the deteriorating security environment due to ethnic and religious tensions.
From 1976 to 1983 Argentina was ruled by a military dictatorship and an estimated 10,000 to 30,000 people "disappeared." This paper outlines transitional justice developments in Argentina - including the investigation and prosecution of human rights violations. The current movement to end impunity for human rights abusers in Argentina is due to the to support of recent governments, hard work by Argentine human rights organizations, initiatives of the Argentine judicial system, and the contribution of activists who continue to work for justice for victims.
This report is based on a population-based survey assessing attitudes about peace and justice in Northern Uganda. For nearly two decades, the Lord's Resistance Army has been in conflict with Ugandan government forces, killing countless civilians and abducting tens of thousands of children and adults to serve as soldiers and sex slaves for its commanders. The Ugandan government's dual approach of military action and mediation to bring peace to the region has had little success. This study represents the spectrum of attitudes and opinions of those most affected by the violence.
This paper considers the UN-sponsored regime established to respond to the crimes committed in East Timor during the Indonesian occupation between 1975 and 1999. The story of the quest for justice in East Timor perhaps can be summed up as one involving good intentions that were not backed up by the strategic planning and effective support necessary to counter the damaging effects of Indonesian lack of cooperation. The lack of planning and support seriously undermined the effectiveness of the serious crimes process.
This paper addresses the possible impact of the International Criminal Court (ICC) on conflict mediation and on political stability in fragile environments. It looks at issues such as: the role of criminal accountability for massive abuses, the ICC statute, practical issues that conflict mediators may face as a result of ICC investigations, and the possible positive role the ICC may play in the context of conflict mediation.
The People’s Representative Assembly of Indonesia passed on September 7, 2004, a bill creating a “Truth and Reconciliation Commission”, which is charged with clarifying abuses committed before 2000 and determining whether to award individualized amnesties for perpetrators and reparations for victims. ICTJ believes the bill shows serious conceptual and operational weaknesses that would severely compromise the ability of a truth commission to operate in a credible, independent, and effective way.
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 influence the implementation of reparations beyond its temporal mandate - through its judgments and practice directives.