532 results

The Rios Montt Trial Looks at the Past, but Shapes the Future of Guatemala

In this op-ed, ICTJ's Marcie Mersky argues that the significance of the genocide trial for José Efraín Ríos Montt stretches far beyond Guatemala: it is the first time that a former head of state is being tried for genocide in a credible national court, by the national authorities, in the country where the alleged crimes took place.

03/26/13
In Focus

The Road to Acknowledgment in Colombia

On June 21-23, Colombia’s Special Jurisdiction of Peace (JEP) held its first acknowledgment hearing on the taking hostages, serious deprivation of liberty, and other concurrent crimes (known as Case 01) in Bogotá. Seven former leaders of the guerrilla group Revolutionary Armed Forces of Colombia—People’s Army (FARC-EP) acknowledged their command responsibility for the kidnapping crimes that were the FARC-EP’s policy from 1993 to 2012 in the presence of victims, JEP officials, civil society representatives, and members of the press. This hearing marks the first time ever FARC-EP leaders publicly acknowledged their role in such systemic crimes. A decisive step in the country’s restorative justice process, it would not have been possible without years of preparation.

08/24/22
Four people embrace each other.
In Focus

The Role of Victims in Criminal Proceedings

This briefing paper focuses on the role of victims of human rights violations in criminal proceedings. This paper will provide examples of recent developments in the advancement of victim participation in criminal proceedings in international criminal law and domestic jurisdictions.  ...

by

Howard Varney and Katarzyna Zduńczyk

Briefing Paper

On the Rome Statute’s 25th Anniversary, the ICC Is Yet to Reach Its Full Potential

July 17, 2023, marked 25 years since the Rome Statute was adopted at a conference in Rome, Italy. The statute created the world’s first permanent international court, the International Criminal Court, which was probably the most significant milestone in international criminal justice since the Nuremburg and Tokyo trials of the mid-20th century. It signaled the firm intention of many nations to address ongoing impunity of the most serious crimes known to humankind. After 25 years, however, the ICC has not yet reached its full potential.

08/01/23

by

Howard Varney

A message of screen reads #LawNotWar
World Report

The Serious Crimes Process in Timor-Leste: In Retrospect

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...

by

ICTJ; Caitlin Reiger, Marieke Wierda

Report

In the Shadows of the Nobel Prize - Impunity Still a Threat to Tunisia’s Transition

In this op-ed, Rim El Gantri, head of ICTJ's Tunisian office, discusses the challenges facing Tunisia's transitional justice process and argues that the government's failure to provide accountability for crimes committed under past regimes threatens the country's transition to democracy.
10/16/15
In Focus

The Special Court for Sierra Leone: The First Eighteen Months

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...

by

ICTJ

Report

The Special Court for Sierra Leone Under Scrutiny

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...

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ICTJ; Tom Perriello, Marieke Wierda

Report

The Trial of Dominic Ongwen: A Delicate Balance Between the Rights of the Accused and the Interests of Victims

On September 18, the trial of Dominic Ongwen resumed at the ICC. Ongwen is on trial for 70 counts of war crimes and crimes against humanity – including various forms of sexual violence and the recruitment of child soldiers – committed in the former IDP camps of Lukodi, Odek, Abok, and Pajule during the 20-year insurgency in Northern Uganda. Ongwen is the first former child soldier who is facing trial at the ICC for crimes in which he was also a victim.

10/25/18

by

Sarah Kihika Kasande

World Report

The Trial of Dominic Ongwen: Has the Time for Accountability for Sexual Crimes in Contexts of War Finally Come?

This week, the International Criminal Court heard closing arguments in the trial of Dominic Ongwen, a top commander of the Lord’s Resistance Army in Northern Uganda. Among the 70 counts of war crimes and crimes against humanity he faces are 19 counts of sexual and gender-based crimes, including rape, sexual slavery, and forced marriage—the widest range of such crimes ever to be brought to trial before the court. The case thus marks a milestone in the jurisprudence of these international crimes.
03/13/20

by

Sarah Kihika Kasande

In Focus

The Truth About Corruption: Reviewing the Tunisia Truth and Dignity Commission’s Report on Corruption Under Dictatorship

This briefing paper examines the Tunisian Truth and Dignity Commission’s approach to investigating Ben Ali dictatorship-era corruption crimes and identifying responsible institutions and individuals, and whether it laid the foundation for accountability and reparation. While it fell s...

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Ruben Carranza, Mohamed Azer Zouari, and Ichraq Ghdiri

First page of the briefing paper The Truth About Corruption
Briefing Paper

The War Crimes Chamber in Bosnia and Herzegovina: From Hybrid to Domestic Court

The War Crimes Chamber of the Court of Bosnia and Herzegovina, which began its work 9 March 2005, has been the most significant national effort in Bosnia and Herzegovina to investigate and prosecute persons allegedly involved in serious violations of international law during the 1992–...

by

ICTJ; Bogdan Ivanisevic

The Ways Kenya Can Learn From Its Past

On February 14, Kenyans once again confronted their painful relationship with law enforcement and revisited the deep mistrust born of historical abuses. In an unprecedented ruling, a court found five senior police officers potentially culpable in gruesome murder during the police response to the 2017 post-election protests. On the same day, a senior police officer was convicted of murder and jailed for life.

03/05/19
In Focus

Thirty Years On, Lessons from Rwanda on Transitional Justice and Atrocity Prevention in Africa

Thirty years after the 1994 genocide against the Tutsi in Rwanda, painful memories of those gruesome 100 days, during which almost one million Rwandan citizens lost their lives, still haunt the people of Rwanda, the rest of Africa, and the world. It is a solemn occasion to remember and honor the victims and survivors of the genocide and to acknowledge the tremendous strength and resilience they have shown in the wake of unspeakable tragedy. However, it is also a time for candid introspection on the African continent, and around the world, about the policies and mechanisms in place to prevent such atrocities.

05/01/24

by Sarah Kasande and Tafadzwa Christmas

A black memorial wall lists names of victims. The wall is outdoors surrounded by green grass.
World Report

Thomas Buergenthal to Speak at This Year’s Emilio Mignone Lecture on Transitional Justice

ICTJ and the Center for Human Rights and Global Justice at NYU School of Law are pleased to announce that Judge Thomas Buergenthal will be the speaker of the 7th Annual Emilio Mignone Lecture on Transitional Justice. Buergenthal is one of the world’s most distinguished jurists, whose name is synonymous with human rights and international justice. The lecture will be held on Thursday, December 12, from 6:00 to 7:30pm, in New York City.

11/01/13
In Focus

Thomas Lubanga and the ICC

Situation brief on the International Criminal Court's prosecution against Thomas Lubanga, the former leader of the Union des Patriotes Congolais (UPC) who has been charged with genocide and crimes against humanity. Due to problems with the prosecutor's proposed use of evidence, the tr...

by

ICTJ

Fact Sheet

Those Hiding Truth About the Disappeared are Enemies of Humanity

On the International Day of the Disappeared, ICTJ Vice President Paul Seils argues that addressing the legacy of forced disappearances is both a moral imperative and a pragmatic necessity.

08/29/14
In Focus

Tolbert to UN Security Council: Justice for the Missing and the Disappeared Crucial to Preventing Recurrence of Conflict

Seeking justice for victims of enforced disappearance is crucial to building peace and preventing recurrence of violence in societies emerging from conflict, ICTJ President David Tolbert told members of the United Nations Security Council and other diplomats last week.

02/03/16
In Focus

Towards a Transitional Justice Strategy for Syria

This briefing paper focuses on establishing a credible approach to accountability and human rights in a post-conflict Syria. Looking ahead to an eventual resolution to the war, it recognizes that Syrian authorities and civil society, as well as the international community, will have t...

by

Paul Seils

Briefing Paper

Transcript of the Interview with Albie Sachs

SEILS: ICTJ are delighted to host today a real giant in the world of political and legal struggle. Albie Sachs has not only played a huge and influential role in the development of the South African constitution but after being nominated by Nelson Mandela for 15 years in the new constitutional court...

04/25/11
In Focus

Transforming Social Relations: Restorative Responses to Massive Human Rights Violations

This research report offers guidance on the application of a restorative justice framework in contexts of massive human rights violations, including its advantages and challenges. Based on the experiences of Colombia, Sierra Leone, Tunisia, and the Philippines, the study examines how ...

A man and audience member holds his phone to record proceedings of panel on the stage in front of him.
Report

Transition in Tunisia: The Role of the Media

In the span of only one month, Tunisia has witnessed the historic passing of a transitional justice law and adoption of a new constitution. A key actor in the country's transition is the media.

03/27/14
In Focus

Transitional Justice and Displacement

Transitional Justice is often pursued in contexts where people have been forced from their homes by human rights violations and have suffered additional abuses while displaced. Little attention has been paid, however, to how transitional justice measures can respond to the injustices ...

by

Roger Duthie

Book

Transitional Justice and Displacement

In collaboration with the Brookings-LSE Project on Internal Displacement, ICTJ’s Research Unit examined how transitional justice can be used to address the range of injustices associated with displacement and thereby serve as part of a comprehensive approach to the resolution of displ...

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ICTJ and Brookings-LSE Project on Internal Displacement

Report

Transitional Justice and Prevention: Summary Findings from Five Country Case Studies

This report summarizes the findings of an ICTJ research project on the contribution of transitional justice to prevention. Drawing from five country case studies, it contends that addressing the past can help to prevent the recurrence not only of human rights violations but also viole...

by

Roger Duthie

A young person with back facing the viewer is wearing a T-shirt that reads “Colombia in Peace"
Report

Transitional Justice and Women’s Rights: Four Countries to Watch This Year

To mark International Women’s Day, we invite you to read about four countries at the top of our gender justice priorities in the coming year, each with its own history, context, and complex sets of challenges.
03/05/14
In Focus

A Transitional Justice Approach to Foreign Fighters

This study explores a transitional justice approach to the dilemma of foreign fighters in violent conflict. Such an approach can help center human rights in comprehensive responses to foreign fighters, and shift the current focus from security and punishment to justice and long-term p...

Image of Children looking through holes in a tent at al-Hol displacement camp in Hasaka governorate, Syria, on April 2, 2019.
Report

Transitional Justice in Countries Emerging from Conflict: A Step Toward Sustainable Peace and Development

The 2030 Agenda for Sustainable Development establishes an ambitious set of goals and targets, the achievement of which will be a formidable challenge for any country struggling with poverty and inequality. This challenge increases dramatically for countries currently experiencing or emerging from violent conflict.
05/31/18
In Focus

Transitional Justice Mechanisms in Colombia since 2005

Next week, the Colombian courts will issue the first partial verdict in the Justice and Peace case against the paramilitary leader Hebert Veloza García, alias “HH,” one of the most significant cases of the Justice and Peace process. Ahead of the HH partial verdict on October 30th, ICTJ is launching a comprehensive timeline on transitional justice measures implemented in Colombia since 2005 that recognize victims' rights to truth, justice, reparations, and the guarantee of non-recurrence.

10/24/13
In Focus

Transitional Justice Should Be Part of Serbia’s Accession to the EU

In this op-ed, ICTJ President David Tolbert argues that in order to meet the EU’s high standards on the rule of law and human rights, Serbia must address the legacy of its recent past in which Slobodan Milosevic’s regime and the institutions under its control were involved in some of the most notorious crimes committed in Europe since World War II.

04/03/14
In Focus

Transitional Justice on the Korean Peninsula: An Interview with ICTJ’s Ruben Carranza

In February 2024, the Office of the United Nations High Commissioner for Human Rights hosted an event in Seoul, South Korea, marking the 10th anniversary of the release of the report of the United Nations Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea. ICTJ Senior Expert Ruben Carranza spoke at the event and discussed lessons learned involving nonjudicial forms of accountability. In this interview, he talks about why a broader approach to transitional justice is necessary and how transitional justice measures can help promote peace and possible reunification on the peninsula.

06/20/24

by Amaya Lilles

A group of comfort women rally in front of the Japanese Embassy in Seoul in August 2011 to demand justice from the Japanese government for the sexual slavery they experienced during World War II. (Claire Solery/Wikimedia)
In Focus

Transitional Justice in Tunisia: Tension Between the Need for Accountability and Due Process Rights

Pursuing justice in a transitional context may take the form of multiple measures and goes beyond the pursuit of criminal prosecutions. Tunisia’s Basic Law on Transitional Law, adopted in December 2013, is a case in point. Despite its flaws, the the law introduced a fairly comprehensi...

by

Howard Varney and Katarzyna Zduńczyk

Briefing Paper

Transitional Justice Will Help Syria, But Not As a Quick Fix

Recent proposals on using transitional justice as a means of stabilizing Syria in the aftermath of the eventual fall of the Assad regime— including by providing incentives for loyalists to give up a possible ‘fight to the death’ in Damascus — are a significant development in the debate on Syria. As Syrian groups and international actors gathered as “Friends of Syria” consider these proposals, it is of paramount importance to be clear about what is meant by transitional justice.

01/18/13
In Focus

Truth, Accountability, and Asset Recovery: How Transitional Justice Can Fight Corruption

On March 2 and 3, 2020, transitional justice and anti-corruption policymakers, experts, and activists from the Gambia, Kenya, South Africa, Armenia, and Tunisia met in Tunis for a two-day conference to share solutions to a common problem: How can countries emerging from dictatorship, ...

by

Ruben Carranza

Report

Truth, Reconciliation, and Redress for Racial Injustice in the United States: Insights from Experiences of Commissions Around the World

The United States has never collectively confronted its history of colonialism, slavery, and racism in an effort to reform the systems that perpetuate harms to Black communities and other marginalized groups, or to redress these wrongs. Events in recent years, however, have amplified ...

Two sets of hands plant a white flower in the ground.
Report

As Tunisia Confronts Truth About Abuses, ICTJ Gathers Officials to Discuss Criminal Justice

In Tunisia, efforts to seek criminal accountability have been characterized by an absence of strategy and the lack of political will. An ICTJ conference sought to address these issues and ease the confusion and political gridlock surrounding the Specialized Judicial Chambers.

01/19/17
In Focus

Tunisia Leads the Way in Transitional Justice

The National Conference to Launch a Dialogue on Transitional Justice in Tunisia was held on Saturday, April 14 in Tunis, initiating a process which should result in the adoption of a comprehensive law on transitional justice by the country’s National Constituent Assembly. ICTJ president David Tolbert delivered a keynote address.

04/16/12
In Focus

Tunisia's "Reconciliation Bill" Threatens Gains of the Revolution

In this op-ed, ICTJ's President David Tolbert expresses concern about the new "Reconciliation Bill" proposed by the Tunisian government, which would grant amnesty to corrupt business people and Ben Ali-era officials in the guise of "reconciliation." "Massive corruption and violent human rights violations are mutually reinforcing, and unless this linkage is exposed and broken, it can lead to mutually reinforcing impunity," writes Tolbert.

08/17/15
In Focus

Tunisia’s Specialized Judicial Chambers: Q&A with Judge Walid Melki

In this interview, Judge Walid Melki explains how Tunisia's Specialized Judicial Chambers will investigate and prosecute serious human rights violations.

09/02/14
In Focus

Tunisia’s Transition Imperiled

Hailed as one of the only success stories to emerge out of the Arab Spring, Tunisia is now facing a significant challenge to its democratic progress. On July 25, Tunisia’s president, Kais Saied, enacted Article 80 of the Tunisia Constitution giving him emergency powers to protect the country from imminent threats. He then used these powers to suspend parliament, lift parliamentary immunity, and fire the prime minister as well as the ministers of justice and defense.

09/01/21

by

Anna Myriam Roccatello

World Report

Tunisia in Transition: One Year After the Creation of the Truth and Dignity Commission

This briefing paper details and analyzes the progress made so far in Tunisia to implement its historic Transitional Justice Law, with a particular focus on the Truth and Dignity Commission, created one year ago.

by

Reem El Gantri

Briefing Paper

Tunisia's Truth and Dignity Commission Winds Down, ICTJ Experts Reflect on Impact

As the work of Tunisia's Truth and Dignity Commission winds down, ICTJ's Salwa El Gantri and Kelli Muddell discuss some of the challenges and successes of its work and their vision for transparent, participatory processes to advance Tunisia’s transitional justice mandate in the short and long term.

12/20/18
In Focus

Twenty Years Later, A Chance for Accountability in El Salvador

For more than 20 years, the Amnesty Law has hindered El Salvador from pursuing accountability for perpetrators of serious crimes committed against civilians during the civil war fought between the government and leftist insurgents in the 1980's. However, this may change in very near future. On September 20, the Constitutional Court admitted a petition claiming that the Amnesty Law passed in March 1993 –which shielded perpetrators of serious crimes committed during the 12-year civil war– is unconstitutional.

10/01/13
In Focus

Twenty Years Since Srebrenica: No Reconciliation, We’re Still at War

Bosnia and Herzegovina is marking the twentieth anniversary of the Srebrenica genocide. In this Op-Ed, ICTJ's Refik Hodzic asks, can we constructively talk about reconciliation in a country still gripped by war?

06/29/15
In Focus

Two Judgments in Chile Mark Progress in Prosecuting State Agents for Enforced Disappearances

Chile has shown slow but steady progress on ​criminal justice​​. Two recent court decisions convicted a total of 139 ​state ​agents for their roles in the enforced disappearances of 21 Chileans. The rulings – one handed down by the Supreme Court, the other by a first instance judge – highlight the growing momentum towards obtaining justice for victims of the 1973-1990 dictatorship​.​

06/19/17
In Focus

Uganda: Impact of the Rome Statute and the International Criminal Court

The situation in Uganda presented a challenging first case for the International Criminal Court (ICC). The origins of the conflict between the Lord’s Resistance Army (LRA) and the government are complex, and many people in the north resent the government for failing to protect them fr...

by

ICTJ; Michael Otim, Marieke Wierda

Briefing Paper

Is Uganda’s Judicial System Ready to Prosecute Serious Crimes?

After LRA commander Dominic Ongwen was transferred to the ICC to face trial, questions have again been raised about Uganda's ability to prosecute serious crimes. A new publication from ICTJ analyzes the opportunities and challenges for the prosecution of serious crimes in Uganda and concludes with recommendations to enhance accountability in the country.

01/22/15
In Focus

In Ukraine, Justice for Victims Is More Than Criminal Accountability

Since Russian armed forces invaded Ukraine in late February 2022, the horrific nature of violence endured by Ukrainian civilians at the hands of Russian soldiers has shocked the world. At the time of this writing, there have been 16,000 reports of alleged war crimes, including forcible transfer...

07/01/22

by

Anna Myriam Roccatello

Soldiers
World Report

Uncovering Colombia's Systems of Macro-Criminality

By this summer, dozens of paramilitaries and guerrillas in Colombia's Justice and Peace process will have already spent eight years in prison. In accordance with the law, those who fulfill their obligations to contribute to the truth and provide reparation to victims should be released after serving eight years. In this op-ed, ICTJ's Maria Camila Moreno analyzes the valuable lessons learned through this process.

08/12/14
In Focus

Under Marcos Again, What Lies Ahead for Filipinos

Thirty-six years after Ferdinand and Imelda Marcos were overthrown in a “People Power” revolution, the Marcos family is back in power, with Ferdinand Marcos Jr. elected as president (and Rodrigo Duterte’s daughter as his vice-president). While immediate as well as decades-late transitional justice...

06/06/22

by

Ruben Carranza

World Report