532 results

The political crisis in Venezuela has reached a breaking point. The upcoming parliamentary elections scheduled for December 6 threaten to deprive the opposition of its institutional foothold, on which the legitimacy of its demand to establish an interim government rests. Moreover, observers both inside and outside Venezuela have repeatedly warned that the conditions are unsuitable for fair and impartial elections. A political solution now depends on the government backpedaling from its recent refusal to postpone the elections and allowing the European Union to observe them. It also requires the opposition to take a clear stance beyond calling for the removal of the president.

The resignation and indictment of President Otto Pérez Molina for corruption was a significant victory over impunity in Guatemala. In an interview with journalist Carlos Dada, we discussed how recent developments in Guatemala could impact other countries in Central America, such as Honduras and El Salvador.

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

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.

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...

In recent months, the crisis in the Central African Republic (CAR) that erupted five years ago has seemed farther than ever from resolution. A new report by ICTJ, I Am 100% Central African: Identity and Inclusion in the Experience of Central African Muslim Refugees in Chad and Cameroon, offers important insights on how a higher political commitment to inclusion could help transform a volatile rebuilding process into a sustainable peace.

ICTJ welcomes the decision by the Special Court for Sierra Leone to uphold the guilty verdict against former Liberian President Charles Taylor for war crimes and crimes against humanity. The court dismissed challenges from Taylor’s defense, and the prosecution’s request for the sentence to be increased to 80 years, and affirmed his 50-year sentence with immediate effect.

The conviction of former Liberian president Charles Taylor for crimes against humanity and war crimes committed in neighboring Sierra Leone finds both West African countries and the region grappling with his terrible legacy. And while the people, and especially Taylor’s victims, in Sierra Leone welcome it as an important step in the country’s effort to overcome the consequences of the brutal civil war, Liberians are still a long way from seeing accountability for the suffering they endured.

Despite the overwhelming number of Lebanon's civilians killed, injured, displaced or otherwise harmed by decades of violence, there remains a near-total lack of official acknowledgment, reparation, truth about serious crimes or accountability for the perpetrators. ICTJ is pleased to release the first in a series of publications that aim to bring the crimes of the past in Lebanon to light.

ICTJ held a series of workshops in Goma, Bukavu, and Bunia, Eastern DRC, from November 13 until November 20 to discuss opportunities for greater interaction and collaboration between civil society and criminal justice officials to advance the prosecution of international crimes in the Congo, in order to better address the concerns of affected communities.

At a time when truth-seeking and reparations initiatives are taking hold across the United States, this report offers reflections from various civil society-led truth-seeking processes. Drawing on case studies from the United States, Colombia, Scotland, and West Papua, the report iden...

People gather around a plaque marking the Greenboro Massacre outside during an inaugural ceremony

Colonel Muntazini serves as the focal point for cooperation between the ICC and the military justice system of the DRC, making him ideally placed to explain the practical implications of complementarity. Read his review of our Handbook on Complementarity and discover how it applies to his country and his work.

ICTJ released a briefing paper today examining current opportunities for prosecuting serious crimes within Kenya’s national judicial system, including crimes committed during the postelection violence of late 2007 and early 2008 (PEV), which claimed 1,113 lives and displaced an estimated 660,000 people. Titled “Prosecuting International and Other Serious Crimes in Kenya,” the paper looks at legal and institutional reforms that may be needed at the national level to effectively investigate and prosecute the worst crimes of the PEV period, including murder, serious assault, and rape.

The establishment of temporary international criminal tribunals has given rise to complex legal, technical, and political questions regarding their post-closure residual functions.

In Colombia, international crimes can be tried under the ordinary national jurisdiction as well as a limited number of cases under the Justice and Peace Law of 2005 (JPL). Neither jurisdiction has served to highlight the widespread or systematic nature of state-sponsored violence. ...

This manual was created as part of the Framework Cooperation Agreement between the International Center for Transitional Justice and the Attorney General’s Office, with the aim of providing technical assistance to the National Unit for Analysis and Context (UNAC) and supporting the de...

A new paper by the ICTJ on the peace negotiations in Colombia considers the competing goals of punishing members of the FARC who are deemed most responsible for committing serious crimes.

In little less than 10 months, Colombia has witnessed the creation of a completely new jurisdiction, the Special Jurisdiction for Peace (JEP). JEP has already opened two cases and three situations in its Chamber for the Acknowledgment of Truth and Responsibility.

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 report aims to help practitioners in the transitional justice field to understand the experience of establishing and operating hybrid courts and to address some common assumptions about these entities. To do so, it looks at hybrid or mixed courts in practice, drawing on experienc...

ICTJ, with the sponsorship of the United Natinos Rule of law Unit and the support of the Secretariat of the Assembly of States Parties (ASP) to the International Criminal Court (ICC), hosted a retreate entitlted "Complementarity After Kampala: The Way Forward" on October 28-29, 2010, ...

TUNIS—ICTJ hosted a conference on May 2 and 3 to address the current challenges facing Tunisia’s Specialized Criminal Chambers (SCC) as it proceeds to adjudicate cases of serious human rights violations committed under the former regime. The 90 guests who attended included members of Tunisia’s Truth...

Background on conflict in the Democratic Republic of Congo (DRC) and the Central African Republic (CAR) in the context of Jean-Pierre Bemba’s trial at the International Criminal Court (ICC). The ICC is preparing to prosecute Bemba of the DRC for alleged rapes, torture and murders that...

Lebanon should take firm steps to provide redress to victims of past conflicts and help prevent future violence, ICTJ and Lebanese rights groups said today at a roundtable discussion in Beirut. Lebanese authorities have mostly failed in their responsibility to end ongoing violations and ensure justice and truth for victims of the 1975-1990 war and successive conflicts.

The Justice and Peace Chamber ruling in the hearing to verify the legality of the charges against Hebert Veloza Garcia contained information on the context in which these occurred. According to the Tribunal, it thus seeks to “contribute elements that underpin the analysis of the modus operandi, the patterns, if any, and the dynamics in which the criminal structure under the command of Hebert Veloza Garcia, alias “H.H.” was organized, as well as to “establish the judicial truth with respect to the criminal actions of the paramilitary groups in different regions of the country.”

Continuing political repression, cronyism, and ongoing conflicts are disrupting attempts to put Myanmar on a linear path to democracy, peace, and development, says a new report from the ICTJ. According to the report, titled “Navigating Paths to Justice in Myanmar’s Transition,” dealing with current and historical abuses is essential to achieving genuine progress on peacebuilding and economic development in the country.

Thomas Buergenthal, Holocaust survivor and former judge of the International Court of Justice, is one of the world's most distinguished jurists. In conversation with ICTJ President David Tolbert, Judge Buergenthal shares his own personal story of surviving the Holocaust as a young boy, and reflects on the changing landscape of transitional justice around the world

Though not a state party to the Rome Statute, Cote d’Ivoire accepted the jurisdiction of the ICC through an ad hoc declaration in April 2003, and in December of 2010—in the wake of the post-election crisis—reaffirmed that declaration. It has been more than one year since Cote d’Ivoire began a critical transition from a decade-long civil war that divided the country and led to widespread human rights violations, forced displacement, and loss of civilian lives and property.

On January 15, 2019, victims of the 2010-2011 post-election violence in Côte d'Ivoire were shocked, yet again, to learn that the Trial Chamber I of the International Criminal Court in The Hague had acquitted former President Laurent Gbagbo and the former Youth Minister Charles Blé Goudé of crimes against humanity allegedly committed during the crisis.

As the United States and Colombia near the signing of a free-trade agreement and resolve differences over labor rights and other issues, the problematic extraditions of paramilitaries accused of savage crimes committed during the years of counter-insurgency remain far from the spotlight.

This Brief of Amici Curiae is respectfully submitted by several human rights and torture treatment organizations pursuant to Federal Rule of Appellate Procedure 29 and District of Columbia Circuit Rule 29. The Brief is filed in support of the Plaintiffs-Appellants and seeks the revers...

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.

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 t...

The crime of forced displacement has been a widespread practice in Colombia’s internal armed conflict for several decades. However, forced displacement cannot be reduced to an inherent or unintended effect of the conflict. The armed actors in the Colombian armed conflict—the army and ...

This paper is concerned with the relationship between criminal justice and displacement that has taken place as a result of serious violations of international humanitarian law, and considers these issues within the context of justice efforts in the former Yugoslavia. It argues that i...

This paper examines the crime of forced displacement from the perspective of both international and national legal frameworks. The crime of forced displacement is a notion that comes from international law. Indeed, an international legal framework has developed with the instruments an...

On August 24, 2009, U.S. Attorney General Eric Holder announced that he was appointing Assistant U.S. Attorney John Durham to conduct a preliminary review into the possibility that federal laws were violated in the interrogation of specific detainees outside of the United States. The ...

The report documents that practices that included slamming detainees into walls, extended sleep deprivation, suspending them by the arms, forced nudity, threats, prolonged shackling in uncomfortable positions and disrespect of the Qur'an, were the result of officially sanctioned polic...

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.

During the 1970s, political violence in Argentina resulted in massive violations of human rights including thousands of deaths, prolonged and arbitrary arrests, disappearances, unfair trials, pervasive torture, in addition to cruel, inhuman, and degrading treatment. Since the restorat...

Lebanon has long been afflicted by a combination of political deadlock and a lack of accountability that has resulted in ongoing human rights violations and overall systemic rot. Comprehensive reforms, along with an inclusive truth-seeking process, broad public dialogue, and other way...

Argentina’s trials for crimes committed during the dictatorship of military juntas are widely seen as a successful national effort to seek accountability for past abuses. And while victims’ demands for justice continue to remain high, the judiciary is facing challenges to ensure the cases are dealt with expeditiously and fairly. In a interview for ICTJ's Spanish podcast series "Lessons from Latin America," Mirna Goransky, Assistant General Prosecutor for the Attorney General’s Office shares her perspectives on human rights trials in Argentina.

In countries emerging from violent conflict and repression around the world, prosecutors are facing significant challenges and pressures when seeking to investigate and prosecute serious crimes, such as torture, extrajudicial killings, and enforced disappearance. To reflect on these challenges, ICTJ together with the International Nuremberg Principles Academy, and with support from the governments of Australia and Sweden, convened a side event on December 6, 2019, during the 18th Assembly of State Parties of the International Criminal Court.

The Democratic Republic of Congo (DRC or Congo) presents a critical test for the International Criminal Court (ICC). All of the accused in current ICC trials are from DRC. The Court plays a vital role in DRC regarding complementarity, peace, justice, victims, and affected communities....

Amicus curiae on petition for a writ of certiorari, to the United States Court of Appeals for the second circuit.

In this op-ed, ICTJ Vice President Paul Seils analyzes the criminal justice agreement announced by the Government of Colombia and the FARC and discusses what aspects of the deal need clarification to ensure that it is capable of delivering the kind of truth and justice that victims of Colombia's armed conflict deserve.

A new report on attacks on schools in Syria harnesses documentation to call attention to atrocities and advance storytelling, truth seeking, acknowledgment. It is the product of Save Syrian Schools, a collaborative project led by 10 Syrian civil society organizations and the ICTJ that demands an end to the killing of Syrian children and justice for the bombing of schools.

This report examines attacks on schools in Syria from multiple angles: from the legal implications of such attacks to the everyday impact on students, teachers, families, and society at large. It is the product of Save Syrian Schools, a collaborative project led by 10 Syrian civil soc...

This report offers analysis of the current situation regarding the judicial handling of cases related to the post-election violence in Cote d’Ivoire. It looks at existing legal and political challenges within the domestic proceedings and suggests possible solutions.

This report examines the contribution of transitional justice to prevention in the Philippines, as well as the limits of this contribution due to the failure to comprehensively address and learn from the past and undertake structural changes. While reparations, truth telling, and inst...