Resource Library

ICTJ is more than two decades old. At the time it was established, many of those who contributed to transitions in Argentina, Chile, Guatemala, South Africa, and the former Yugoslavia saw the value of a specialized organization that could draw from diverse national experiences to prov...

Indigenous peoples are among those most affected by contemporary conflict. The resource-rich territories they occupy are coveted by powerful, often violent groups. Their identity is perceived with mistrust, sometimes with hate. Indigenous communities live at a precarious intersection ...

Haiti is currently confronting several challenges regarding stability, the rule of law, and corruption. The establishment of the United Nations Mission for Justice Support in Haiti (MINUJUSTH) in April 2017 is aimed at contributing to state and civil society efforts to effectively add...

This report presents findings from research on the needs and expectations of survivors of sexual and gender-based violence in The Gambia. Based on focus group discussions with survivors and other stakeholders, it analyses obstacles to, as well as opportunities to improve, survivors’ a...

Corruption is often uncritically assumed to be part of the way things work in transitional and post-conflict countries. Corruption is even argued to be beneficial to development, in that it “greases the wheels of bureaucracy” and gets things done. Under pressure to establish short-ter...

Providing the Minister for Social Solidarity with the unfettered discretion to dismiss and appoint members of the institute’s Governing Board renders the institute vulnerable to politicization and undermines the institute’s ‘technical, administrative and financial autonomy.

Few conflicts have garnered as much attention as the recent one in Darfur. Widespread atrocities reported by several organizations including an International Commission of Investigation compelled the United Nations (UN) Security Council to refer the situation in the western region of ...

This study identifies the range of agencies in and outside the former Yugoslavia that collect documentation on war crimes and other human rights violations committed in the 1991-1999 wars. Several factors that point to the need for an overview of data-collecting agencies in the region...

The International Center for Transitional Justice (ICTJ) and the United Nations Development Programme, with the support from the governments of Denmark and South Africa, held a retreat on Supporting Complementarity at the National Level: An Integrated Approach to the Rule of Law, at G...

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...

The International Center for Transitional Justice (ICTJ), in cooperation with the United Nations Development Programme (UNDP), with support from the Governments of Denmark and South Africa, and in close consultation with the Assembly of States Parties to the Rome Statute (ASP), held a...

As part of its mandate, Colombia's Commission for the Clarification of Truth carried out 68 processes of acknowledgment led or supported by a specialized team. These processes sought to acknowledge victims and the harms they suffered, as well as individual or collective responsibiliti...

Bosnians have a range of expectations of the ICTY—or as it is known in the region, “the Hague Tribunal” or simply “The Hague”—comparing their hopes to the goals enunciated by the Security Council when it created the Tribunal and by the ICTY itself.

This briefing paper reviews the Kenyan government’s response to sexual and gender-based violence committed against women, men, and children during the 2007/2008 post-election crisis. It draws on interviews with over 40 survivors about their experience and analyzes the laws and transit...

This report analyzes the response of Congolese judicial authorities to international crimes committed in the territory of the Democratic Republic of the Congo from 2009 to 2014, with a particular focus on the war-torn East (North Kivu, South Kivu, and Ituri). It finds that the number ...

This briefing paper summarizes the findings of an ICTJ report (by the same name) on the judicial response to international crimes in the Democratic Republic of the Congo. It makes substantive recommendations to justice stakeholders in the DRC on how to advance prosecutions of internat...

This update covers the first, complainant phase of the Anfal trial, which lasted for twenty-three sessions from August 21 to November 27, 2006. Seventy-six complainants presented testimony regarding their experiences during the Anfal campaign. Information is taken directly from obser...

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 memorandum is a legal analysis of the applicability of the UN Convention on the Prevention and Punishment of the Crime of Genocide to events which occurred in Turkey-Armenia during the early twentieth century. It was drafted by independent legal counsel based on a request made to...

As the refugee crisis deepens, does action on transitional justice issues have to wait for peace? A new paper explores what sort of consultation and documentation work can be done now, while conflict is ongoing, to shape outcomes moving forward.

This paper considers the efforts of Timor-Leste’s Commission for Reception, Truth and Reconciliation to address the forced displacement that occurred during the period of Indonesian occupation and in the post-Popular Consultation violence of 1999. It examines linkages between the work...

This paper compares and contrasts peace negotiations in Sierra Leone and Liberia. It delineates lessons in peacemaking that emerge from this comparison. These include: considering all policy options, taking a nation's recent history into account, reinterpreting and challenging questio...

The Special Court for Sierra Leone-which began with the hope that it would be accessible to millions of Sierra Leoneans- has fallen short of its domestic goals. The decision to try Taylor in The Hague, rather than in Freetown, and the lack of adequate outreach activities made the cour...

This briefing paper examines how transitional justice approaches can guide the discussion around dismantling systemic racism in the United States to focus on root causes of violence and racial injustice. Drawing from relevant experiences internationally and within the United States, i...

This study examines the development of restitution and reparations in international law and practice over the last century. It aims to provide recommendations on how restitution can best contribute to transitional justice by reviewing four case-studies: the Czech Republic, South Afric...

This is a compilation of cases from the Criminal Chamber of the Supreme Court of Colombia.

Years have lapsed since the Democratic Republic of Congo (DRC) ratified the Rome Statute of the International Criminal Court (ICC) in March 2002, but the DRC government has yet to meet its legal obligation to incorporate the statute into national law. Adopting such legislation is esse...

This report canvasses 31 countries to see how the crime of enforced disappearance affects women as both the disappeared and the female relatives of the disappeared. It finds that across cultures, women face serious barriers to seeking relief due to discriminatory laws and practices. I...

This briefing paper is the summary of “The Disappeared and the Invisible: Revealing the Enduring Impact of Enforced Disappearances on Women,” a comprehensive study by ICTJ that identifies the impacts and government responses to enforced disappearances as they relate to women in 31 cou...

The legacy of systematic human rights violations committed during violent conflict and repressive rule can reach well into the new order. Transitional justice can help societies address the past through prosecutions, truthseeking, reparations for victims and institutional reform. Just...

George Floyd’s death reignited existing anger over American society’s deep and festering racial wounds. His death triggered significant social uprisings that have challenged the methods of policing that have emerged over the course of several decades. With a growing awareness of polic...

Given that women represent a very large proportion of the victims of conflicts and authoritarianism, it makes sense to examine whether reparation programs can be designed to redress women more fairly and efficiently and seek to subvert gender hierarchies that often antecede the confli...

Most comprehensive book-length study of reparation programmes currently available, including case-studies, thematic chapters, and national legislation documents. Contains contributions from an international and cross-disciplinary group of leading scholars and practitioners. Provides a...

This paper assesses the impact of the International Criminal Court (ICC) on conflicts in Sudan and the Democratic Republic of Congo (DRC). The Sudanese government challenged and undermined the jurisdiction of the ICC from the start. Conversely, the leading actors in the DRC supported ...

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...

The Commission of Inquiry into Post-Election Violence (CIPEV) was the outcome of the Kenya National Dialogue and Reconciliation Accord of February 28, 2008, negotiated by Kofi Annan and the Panel of Eminent African Personalities, and its sister agreement of March 4, 2008, known as Age...

This document is a review of vetting programs that took place in two post-conflict (Bosnia and Herzegovina, and Liberia) and two post-authoritarian (Hungary and the Czech Republic) countries during the 1990s and early 2000s. It assesses the legacies of vetting and lustration processes...

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 study provides expert financial and operational analysis and information to help facilitate the establishment of an Independent National Commission for the Missing and Forcibly Disappeared in Lebanon, as envisaged in a draft consolidated bill now before the Lebanese Parliament. ...

Five years since the government of Indonesia and the Free Aceh Movement signed the Helsinki Memorandum of Understanding, key provisions for accountability for mass crimes have not yet been implemented. Attempts to avoid the difficult truths of Aceh’s recent history and to allow perp...

Although transitional justice processes are intended to help heal and restore society after conflict or authoritarian rule, marginalized groups often struggle to make their voices heard. These groups include those who have been displaced by conflict and, within that category, those wh...

This joint report by ICTJ and the Institute for Human Rights Study and Advocacy (ELSHAM-Papua) provides important insight into the ongoing debate on steps required to achieve a sustainable peace in Papua. The report reviews Papua's recent history within a transitional justice framewor...

The government of Uganda has been slow to address and remedy serious human rights abuses committed against civilians throughout the country, despite its commitment under the Juba peace talks. This paper analyzes some of the underlying factors that seem to impede the implementation of ...

The term reconciliation has long been associated with the field of transitional justice and is often presumed to be one of its goals. At the same time, reconciliation has been both controversial and vague as a concept, giving rise to different understandings and approaches. This paper...

Authoritarian regimes frequently leave in their wake a series of negative legacies that have not received sufficient attention in the literature on transitions, and even less by transitional justice measures. This paper examines the political economy of transitions from authoritariani...

The principle of complementarity is central to the Rome Statute of the International Criminal Court (ICC). According to this principle, the ICC should assume jurisdiction only when states parties are unwilling or genuinely unable to carry out their own investigation or prosecution. Th...

This paper explores the power of a transitional justice approach to education reconstruction in post-conflict settings. Its central question is how the aims of transitional justice can guide educational reform processes after conflict or periods of massive human rights violations, wit...

Displacement was a major tactic used by armed groups during the brutal conflict in Liberia from 1989 to 2003. It is estimated that during this time, half the country’s population experienced displacement as a result of warfare. The large numbers of people forced from their homes meant...

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 ...

While not seen as sufficient in and of themselves as a means of reparation, the concept of “collective reparations” has been one of the ways in which reparation advocates have respond to practical challenges and to the overall complexity of responding to massive violations of human...