532 results

This paper describes proceedings in Uganda’s national courts against Thomas Kwoyelo, a former mid-level commander of the Lord’s Resistance Army, for war crimes and crimes against humanity. It analyzes the opportunities and challenges for the prosecution of serious crimes in Uganda and...

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...

The ICTJ continues to support human rights victims in Nepal in their pursuit of justice, truth, reparations, and institutional reform. This briefing paper presents a summary of findings and recommendations from workshops that ICTJ conducted with women victims, as well as meetings it h...

As the number of victims of violence against demonstrators in Syria, Yemen, Bahrain and elsewhere in the region rises, a question emerges for the government of Bashar al-Assad of Syria, but also those of Ali Abdullah Saleh of Yemen, Hamad bin Isa al-Khalifah of Bahrain and the vacillating international community: Can impunity for such crimes be permitted in this day and age?

David Tolbert, President of International Center of Transitional Justice: "I join many others in giving a final salute to Nino Cassese. He was man of extraordinary energy, singular determination and extraordinary intellectual talents but at the same time was an unassuming man, with a ready smile, an engaging anecdote and plenty of self-deprecation. Nino was a driving force behind the field of international criminal justice, not only through his leadership of both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL) but through his unstinting writing and advocating on this most crucial of subjects."

The Working Group on Transitional Justice and SDG16+ calls on the international community, including policymakers, donors, and practitioners, to: provide consistent support and investment to context-specific transitional justice, as a tool of sustainable peace and development. formulate development...

This summer, Hissène Habré, the former dictator of Chad, will finally stand trial before the Extraordinary African Chambers in Senegal for crimes against humanity, torture, and war crimes. In a conversation with Reed Brody, counsel and spokesperson of Human Rights Watch, who has worked with Hissène Habré’s victims since 1999, we discussed the potential impact of the trial on Chad and its broader significance for the struggle against impunity in Africa.

On International Justice Day, the head of ICTJ's Criminal Justice program in the Democratic Republic of the Congo (DRC), Myriam Raymond-Jetté, reflects on how to build on small successes in prosecuting international crimes in the national courts.

This briefing paper analyzes and reflects on the development of the ICC prosecutor’s strategy and application of procedural rules, since operations began at the International Criminal Court more than a decade ago. The mixed results of the court’s first cases, which arise from the situ...

As we look back on 15 years of ICTJ's work, we recognize that our greatest asset is the people whose knowledge, experience, and dedication made our contribution possible. To celebrate all who have been part of ICTJ’s story over the years, we asked some of our former colleagues to share their reflections and memories of moments that stand out: moments that throw the stakes of our work into sharp relief. In the weeks and months to come we will bring you their stories in Reflections on the Struggle for Justice. Caitlin Reiger, ICTJ's former Deputy Director of Prosecutions (2005–2010), reflects on the humanizing power of testimony, on display in East Timor.

Mexico is overwhelmed by criminal violence and human rights violations in ways that ordinary rule of law mechanisms cannot address. While not undergoing a political transition, Mexico could benefit from transitional justice experiences when designing policies for pursuing accountabili...

This briefing paper examines the various actions that Ukrainian officials and members of the international community have launched to investigate and prosecute war crimes and other human rights violations committed in Ukraine since Russia invaded the country in February 2022. It explo...

First of the briefing paper Reflections on Victim-Centered Accountability in Ukraine

Between April 15 and May 3, 2019, ICTJ held a number of consultations with Kenyan youth from several informal settlements in Nairobi and Mombasa to reflect on their understanding of security sector reforms and their connection to the ongoing national dialogue process, particularly as ...

With the goal of creating an opportunity for debate between civil society and the Colombian government on JPL reform, ICTJ and the Mission to Support the Peace Process from the Organization of American States have organized an event titled “Challenges and Opportunities of the Justice and Peace Law Reform,” to take place May 14 in Bogotá.

In this op-ed, ICTJ Vice President Paul Seils questions the policy objectives of punishing members of FARC accused of the most serious crimes in the ongoing Colombian peace negotiations.

Youth activists and traditional leaders from the city of Duékoué, in western Côte d’Ivoire, gathered on October 15 to discuss how best to strengthen social cohesion and prevent future conflict. The city and surrounding region were among the areas most affected by the violence that broke out across the country following the 2010 presidential elections and that left thousands dead and many more injured, beaten, or raped.

In December 2018, we mourned the loss of ICTJ's founder, Alex Boraine. On December 12, Fernando Travesí sat down for an intimate conversation with Vincent Mai—ICTJ’s first chairman—to learn more about a life that we will continue to commemorate in the months and years to come.

After several months of intense political debate, Colombia’s Senate passed constitutional reform measures containing extensive transitional justice provisions. The Legal Framework for Peace was adopted to confront decades of massive human rights violations and help to bring a sustainable peace to Colombia’s ongoing internal armed conflict.

What does the obligation to provide reparations mean when serious human rights violations are at issue? This report explores the evolving interpretation of the right to reparation in international law and jurisprudence and how domestic courts have provided judicial reparations at the ...

A man on a bicycle rides past a building whose exterior wall is covered in a colorful mural with writing in Spanish.

“No peace without justice” is a chant that filled the streets of the United States last year following the murder George Floyd by police in May 2020. This same chant has animated protest movements and social and political upheaval in many countries around the world. We at ICTJ know from our experience that these calls for justice are for something far more encompassing than criminal accountability alone.

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 research brief provides case studies on the use of pardons in Argentina, Chile, El Salvador, Peru and South Africa following periods of mass abuse, and highlights subsequent political and civil society action to overcome impunity exacerbated by pardons and amnesties.

States have the obligation to prevent human rights violations, investigate them, identify and punish their intellectual authors and accessories after the fact, and may not invoke existing provisions of domestic law to avoid complying with their obligations under international law. ...

ICTJ provides an overview of investigative reports into detention and interrogation practices by the U.S. government. The purpose of this brief is to provide a sampling of reports to survey the ways in which these have been commissioned, what they have covered, and how they relate to ...

ICTJ's Virginie Ladisch spoke with Heythem Guesmi, a young Tunisian activist who is fighting systemic oppression, economic exclusion, and impunity that persist despite the Revolution’s initial success, and Thenjiwe McHarris, a young organizer working with Black Lives Matter in the United States—a movement whose urgency also stems from historic marginalization leading to widespread impunity and systematic failures in law enforcement.

Four international legal and human rights groups are together urging all concerned to ensure that the current trial in Guatemala of former president Efrain Rios Montt on charges of genocide and crimes against humanity proceeds with due respect for judicial independence. The four are: the Open Society Justice Initiative, the International Center for Transitional Justice (ICTJ), the Center for Justice and International Law (CEJIL), and the Washington Office on Latin America (WOLA).

The decision of a judge in Guatemala City to send former military dictator Efraín Ríos Montt to trial on charges of genocide and war crimes is a watershed moment in the country’s complex journey towards a genuine respect for the rule of law. This genocide trial - the first genuine attempt anywhere to prosecute a former head of state in his own country on charges of genocide – has the potential to shatter a significant part of the wall of denial that surrounds Guatemala. For that to happen, the trial must be fair and free of intimidation, argues ICTJ Vice President Paul Seils in this op-ed.

On February 12, 2019, the Assembly of the African Union adopted the African Union Transitional Justice Policy. The policy serves as a guide for member states on effective and credible transitional justice processes to achieve sustainable peace, justice, reconciliation, social cohesion...

PDF of the first page of the briefing paper "A Roadmap for Justice in Africa"

Youth activists in Tunisia have played a vital role in keeping corruption at the center of public debate since the country's revolution in 2011. Through decentralized, nationwide protest movements, young Tunisians have been calling for measures that root out systems of endemic corruption. ICTJ sat down with one youth leader to discuss her activism and views on Tunisia's transitional justice process.

Hybrid courts are defined as courts of mixed composition and jurisdiction, encompassing both national and international aspects, usually operating within the jurisdiction where the crimes occurred. Drawing on the lessons learned from hybrid courts created since 1999, this publication ...

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...

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.

The newly released United Nations report on strengthening the rule of law and transitional justice in conflict and post-conflict settings outlines progress made since issuing the landmark 2004 report and reaffirms transitional justice as a crucial component of the UN’s broader work on the rule of law.

This report examines the preventive impact of transitional justice mechanisms in Colombia before the 2016 peace agreement. It finds that these measures have contributed to prevention by strengthening institutional responses to rights violations, shaping the public agenda, developing a...

In July, ICTJ’s Program Director Anna Myriam Roccatello and Senior Transitional Justice Expert Ruben Carranza traveled to Yerevan to meet with civil society organizations, human rights and anti-corruption activists, and key government officials, to join them in exploring strategies for change.

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...

On International Justice Day, July 17th, ICTJ looks at the legacy of the Special Court for Sierra Leone through the voices of those to whom its work was most important: the citizens of Sierra Leone. Our new multimedia project, “Seeds of Justice: Sierra Leone,” presents five portraits of Sierra Leoneans whose lives were impacted by this court.

This paper explores political exclusion in Kenya and its consequences on the social fabric of the nation. It draws from past governmental reports and analysis to formulate new recommendations that can inform current discourse. It first provides an overview of ethnicity in Kenya. It th...

New York, June 3, 2019—Today, with just over a month to go before the 2019 UN High-Level Political Forum (HLPF) on Sustainable Development, ICTJ and its partners have released the Report of the Working Group on Transitional Justice and SDG16+, entitled “On Solid Ground: Building Sustainable Peace and Development After Massive Human Rights Violations.”

South Africa Parliament faces a historic moment. In this op-ed, ICTJ's Vice President Paul Seils remembers the great hope that marked the ICC’s emergence: "No country embodied that hope and that reality more powerfully and more inspiringly than South Africa."

Applicants apply to the Supreme Court of Appeal against the judgment regarding North Gauteng High Court, Pretoria.

South African authorities apparently believe that once the country has officially withdrawn from the ICC, it will be free to invite the likes of Sudanese President al-Bashir to the country. That's not so, writes ICTJ's Howard Varney, who explains why the country's obligations would continue beyond its departure from the court.

Anti-apartheid activist Ahmed Timol died in South African police custody in 1971, and his family continues to demand justice. While police claimed Timol died by suicide, evidence indicated that he was tortured and murdered. The family’s tenacious efforts led to the reopening of an inquest into Timol's death this year, with ICTJ senior program advisor Howard Varney representing the family. Last month the Pretoria High Court ruled in the family’s favor, finding that Timol did not kill himself but was indeed murdered while in police custody. ICTJ’s Sam McCann sat down with Varney to discuss the ruling, what it means to Timol’s family, and its significance for the fight for justice in South Africa.

The Spanish Supreme Court has ruled the judiciary has no place investigating the deaths and disappearances of the Franco era. The verdict is a disappointment for the victims of Francoism and confirms Spain remains unwilling to deliver justice for the crimes of the past, writes Eduardo González, director of ICTJ's Truth and Memory program

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.

On August 9, 2012, UN Special Rapporteur on the promotion of truth, justice, reparation, and nonrecurrence Pablo de Greiff presented the first annual report to the Human Rights Council. The report provides an overview of key activities undertaken by the Special Rapporteur between May 1 and July 25, reviews the foundations of the mandate and outlines the strategy for its implementation.

ICTJ was pleased to host the newly elected United Nations Special Rapporteur on the promotion of truth, justice, reparations, and guarantees of non-recurrence, Fabian Salvioli (Argentina), at its New York office, where he discussed his vision and priorities.

Sparing almost no corner of the world from its wrath, the COVID-19 pandemic has now spread to every country. In an effort to slow the contagion, governments in most countries have been taking drastic measures requiring all residents other than essential workers to confine themselves in their homes, and shutting down vast sectors of their economies. The impact has been crushing. COVID-19 has profoundly affected every country where ICTJ currently works: Armenia, Colombia, Cote d’Ivoire, Ethiopia, Gambia, Kenya, Lebanon, Libya, Sudan, Syria, Tunisia, and Uganda. We recently caught up with ICTJ’s heads of country programs to learn more about the impact the pandemic is having on transitional justice and society more broadly.

This paper weighs the possible modes and competing policy objectives of punishing FARC members for serious crimes in the context of Colombia’s ongoing peace negotiations. It argues that punishment has to occur in a way that does not damage one of the underlying objectives of the peace...