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While a pardon application process exists within the Department of Justice, the president is free to issue pardons without regard to the process and for any reason, including a desire to shield members of his administration and the military from investigations.

Recent speculation indicates that U.S. President George W. Bush may grant pardons to administration officials and members of the military who might face prosecution for authorizing, ordering, endorsing, justifying or committing acts pursuant to the “war on terror.” While a pardon appl...

In this briefing paper ICTJ addresses one of the crucial points of the peace negotiations between the Government of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP): the possibility of providing recourse to the broadest amnesty possible and pardons as pa...

President Jacob Zuma risks irreparably damaging the credibility of core elements of South Africa's deal with the victims of apartheid with his current plan to pardon 149 serious offenders and to potentially consider another 926 applications which are before him. Such a move would mark a profound breach of trust with the victims and South African society at large.

On April 4 last year, the commander of the Libyan National Army Khalifa Haftar ordered his troops to advance on Tripoli and “liberate it from terrorists.” Various stakeholders issued a multitude of statements and joint declarations after the assault, all asserting that only a political solution would resolve Libya’s crisis and threatening to hold accountable any faction that escalated the conflict. But in reality, most of the stakeholders have been playing two fields all along: the diplomatic one, in which they continuously reiterate support for political solutions and UN-led initiatives, and then the battlefield.

Angkar, screened on June 16 at the New York Human Rights Watch Film Festival, follows Khonsaly, a victim of the Khmer Rouge, on his journey to the village he fled almost 30 years ago. The film, produced by Neary Adeline Hay about her father's experience with torture and repression, is an intergenerational offering to truth and memorialization work that dances between the inheritance of abuse and its painful recollection by a survivor.

This briefing paper examines the potential in Mali for appropriate and effective transitional justice approaches that are reflective of the primary concerns and demands of citizens. Over 30 interviews were conducted with a wide range of actors in Bamako, including representatives of t...

Bosnian Serb leader Radovan Karadzic was recently sentenced by the ICTY to 40 years for genocide and crimes against humanity, crimes which have decisively shaped the society in Bosnia and Herzegovina. In this essay, ICTJ’s Refik Hodzic explores what would it take for this poisonous legacy to be dismantled and makes a case for acknowledgement and reparations as matters of moral imperative, but also of political necessity.

This paper is meant to help the Extraordinary Chambers in the Courts of Cambodia (ECCC), the civil parties before the court and other Khmer Rouge period survivors and their families deal with practical and legal issues in the course of fulfilling the reparations mandate of the ECCC. ...

To mark the launch of our new publication, "Forms of Justice: A Guide to Designing Reparations Application Forms and Registration Processes for Victims of Human Rights Violations", we sat down with Jairo Rivas about his work in designing reparations forms in Peru and Colombia.

Though the future of President Bashar al-Assad’s regime remains to be seen, some are already planning for the complex aftermath of the regime’s demise. On January 26-27, Syrian activists joined ICTJ and other international experts in Istanbul for two days of discussion on possibilities for transitional justice in Syria.

The internationally acclaimed documentary “The Silence of Others" about the forgotten victims of Franco's fascist dictatorship in Spain brings much-needed attention to the right to the truth.

In this opinion piece, ICTJ's Sharanjeet Parmar asks: why do international efforts to tackle impunity for sexual violence in the DRC continue to miss the mark? High-level diplomatic visits are important in underscoring the responses needed for sexual violence survivors. However, without a strong political commitment from top Congolese authorities to address rampant impunity for sexual violence, no amount of attention or media coverage will reduce the violence or put an end to the cycles of suffering.

For the millions of victims of the country’s successive wars, Lubanga is just one of many who are responsible for crimes on an astonishing scale. Congolese authorities must end the widespread impunity enjoyed by those who remain in positions of power in the government and military or violence and instability are likely to continue for years to come.

With enforced disappearances on the rise, ICTJ President David Tolbert says the path to prevention is clear: the international community must reorder its priorities and change its approach. The disproportionate attention on counterterrorism takes us further away from accountability and prevention, Tolbert writes. He urges the international community to lead the way in unequivocally censoring governments that use enforced disappearance as a political tactic — and ensuring there can be no impunity for this crime.

Transitional justice can contribute to prevention of violence and abuse, particularly if it addresses common drivers such as exclusion and associated grievances. It can facilitate the inclusion of social groups that have suffered human rights violations and marginalization, and promote long-term...

Alex Boraine, founder of the ICTJ and soldier in the struggle for human rights around the world, will be laid to rest in Cape Town today. He has been called the “Prince of Peace” for his lifelong commitment to transforming South Africa’s society through truth, reconciliation, justice, following the horrors of apartheid.

On October 2, an award ceremony honored the winners of the amateur photography contest on memory, called “Images to Resist Oblivion,” organized by the Center for Historical Memory and the International Center for Transitional Justice (ICTJ). View photo galleries from the three winning submissions.

As ICTJ looks back on its 15 years of work, join us in celebrating our allies across the globe who join us in the struggle for human rights, against impunity. To honor their efforts in the trenches of this shared struggle, we will bring you their stories in the weeks and months to come. We begin with Kenya's Jaqy Mutere, who provides both an empathetic ear and a political voice to survivors of sexual violence.

Overview of the proceedings of the ECCC, the hybrid tribunal created in 2006 to try senior leaders of the Khmer Rouge and those "most responsible" for the crimes that took place. The court has five suspects in custody and has almost completed its first trial which began in March of 20...

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...

Property Rights in Kosovo explores cultural, political and social factors dating as far back as the Ottoman period that have contributed to the present state of property rights. It examines the legacy of the armed conflict and NATO intervention of 1999 in the massive population displa...

Since 1990, 65 former heads of state or government have been legitimately prosecuted for serious human rights or financial crimes. Many of these leaders were brought to trial in reasonably free and fair judicial processes, and some served time in prison as a result. This book explores...

In September 1985, ninemembers of Argentina’smilitary junta, whose successive regimes covered the period in Argentine history known as the “dirty war,” walked into a courtroom in downtown Buenos Aires.

This briefing paper focuses on the topic of prosecuting international and other serious crimes in Kenya, including crimes committed in the context of the postelection crisis of late 2007 and early 2008. In particular, it identifies and analyzes obstacles and opportunities for such pro...