532 results

This paper evaluates the Dujail trial, the first of fourteen trials in Iraq against persons accused of crimes against humanity. Although the trial was potentially a new attempt at Iraqi justice, it fell short in many ways. Ultimately, it was rendered ineffective due to political inter...

This report examines the effectiveness of war crimes prosecutions in Serbia. While the War Crimes Chamber (WCC) and the Office of the War Crimes Prosecutor (OWCP) have had some success, significant concerns exist - such as opposition from ethnic nationalists. Despite shortcomings, the...

This reference manual offers a template for developing and operating an internationally-assisted criminal justice institution. It provides a practical basis for setting up such an institution from an administrative perspective, drawing on numerous relevant practices currently used in ...

This study focuses on the pursuit of criminal justice within a time of conflict. It examines various aspects of pursuing justice in the context of ongoing conflict, including the interests of victims, governments, the UN Security Council, traditional leaders, and mediators. It highlig...

This report provides an update on the developments in the Anfal trial before the Iraqi High Tribunal, including the trial of Saddam Hussein, his cousin Ali Hassan al-Majid, and five other co-defendants. This update focuses on the prosecution witness and documentary evidence phases of ...

This article examines and evaluates the Iraq Tribunal's Dujail Trial. The trial marks the beginning of a longer accountability process in the country and can potentially make a lasting contribution to transitional justice. This study assesses the fairness and effectiveness of the tria...

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 case study reviews and analyzes the deployment of international judges and prosecutors in Kosovo. It is part of a series providing information on hybrid courts' policy and practical issues. Although the Kosovo system of international judges and prosecutors has made significant st...

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 ...

This paper summarizes the basic facts about the Dujail trial, the first trial before the Iraqi High Tribunal (IHT) against Saddam Hussein and seven others. It also summarizes facts about the IHT in general. It considers both what the Iraqis wanted out of the trial, what such prosecuti...

This book presents a series of essays on truth and criminal justice in Peru. It aims to contribute to analysis on how to strengthen and consolidate democracy there. The essays pay particular attention to the interests of individual victims' of human rights abuses, analyzing individual...

This case study provides basic information and policy analysis on the Special Court for Sierra Leone. It aims to help guide policymakers establishing and implementing similar mechanisms. The Court broke new ground in terms of narrowly focusing on those bearing the greatest responsibi...

This publication sets out basic considerations on prosecution initiatives. It is intended to assist United Nations field staff when advising on how to address the challenges of prosecuting perpetrators of crimes such as genocide, crimes against humanity and war crimes. It focuses on t...

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 conf...

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...

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 ba...

The establishment of the International Criminal Court's Trust Fund for Victims (TFV) , in combination with its reparations function, is unprecedented in international law. It affirms the importance of victims in international justice efforts. However, the creation of a Trust Fund cl...

This report considers the work of the Special Prosecutor's Office (SPO) in Mexico, established to deal with crimes that public servants commit against social and political groups. It describes the basic requirements of investigation into "system crimes," emphasizing the need for an ap...

This report describes the Special Court for Sierra Leone’s accomplishments in the first 18 months of its mandate. The Court was established to try "those bearing the greatest responsibility" for serious violations of international law and certain provisions of domestic law since Nove...

This report focuses on 12 trials that took place before the Indonesian Ad Hoc Human Rights Court between March 2002 and August 2003. It analyzes the prosecution efforts and quality of the judgments, and assesses the political and institutional context in which these trials took place....

This handbook explains the mandate, origins, purposes, and operating methods of the Truth and Reconciliation Commission (TRC) and Special Court in Sierra Leone. It discusses the differences and similarities between them, in clear, non-technical language. The TRC and Special Court can...

The arrest of Ratko Mladic reignited debates on a wide spectrum of related issues, from its implications on the prospects for true reckoning with the past in the countries of the former Yugoslavia to the possible jolt it will give to Serbia’s hopes of joining the European Union. Beyond the immediate impact on the region, the strongest reverberations of Mladic’s transfer to the International Criminal Tribunal for the former Yugoslavia (ICTY) will be felt in the discourse on international justice.

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...

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 b...

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 ass...

The International Criminal Court (ICC) must better communicate what is driving its actions to the public of the Middle East and North Africa (MENA) and elsewhere around the world if it is to develop confidence in its capacity to act as a guardian of international criminal law.

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 fram...

Although Brazil's dictatorship ended years ago, focus on transitional justice there is peaking now, as debate stirs over how to best address its past. Recent developments - including the Brazilian government's proposal of a truth commission, the opening of national archives, and the Inter-American Court of Human Rights' decision limiting the 1979 amnesty law - are at the core of the discussion. Eduardo Gonzalez, director of ICTJ's Truth and Memory Program, discusses the role accountability for the past can play in Brazil today.

This paper analyzes the Maubuti case in Timor-Leste, the third serious crimes case to be brought to trial after the closure of the UN-supported Serious Crimes Unit in 2005. Maubuti was indicted for crimes against humanity including murder, attempted murder, and rape. The decision and ...

As we approach International Justice Day on July 17, calls for accountability for human rights abuses resound across the globe, from Cairo to Washington, from Bogotá to Kinshasa, from Srebrenica to Colombo. The demands for justice are today a driving force of social change and popular revolutions, and their reach now extends to those at the highest levels of power.

As the international community considers its response to the surging violence in Syria, those responsible for gross human rights violations in the country should be held to account, said the International Center for Transitional Justice (ICTJ) today.

The appearance of Hosni Mubarak in the opening of his trial this week reassured millions of Egyptians that their revolutionary struggle was not in vain. But the truth about Mubarak’s ability to participate in his trial is still unclear. With the public doubting the court’s seriousness, Mubarak’s appearance could have been a political decision aimed at boosting confidence. If this is the case, the judiciary risks appearing politicized in the eyes of Egyptians.