1409 results

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...

Of the 26 countries in the lowest bracket of the UN Development Programme’s 2008 Human Development Index, six have large victim communities expecting reparations as a result of truthseeking and criminal justice measures.

On October 15, the UN Secretary-General made two strong humanitarian appeals: for Hamas to release the hostages immediately and without conditions, and for Israel to allow humanitarian aid to enter into Gaza unimpeded so it can reach the civilians desperately in need of it. The UN Security Council has heard but not listened to his words, while governments with power to persuade the actors engaged in the hostilities to respect the rule of law have failed to do so. Yet, the moral imperative is clear and simple.

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.

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.

In response to past human rights violations, a variety of measures have been developed, including prosecutions at both international and domestic levels, truth commissions, and reparations for victims. All these options need strong institutions. In postconflict and post-authoritarian ...

On February 26, 2020, the International Center for Transitional Justice and NYU Law’s Center for Human Rights and Global Justice welcomed former President of Colombia and Nobel Peace Prize Laureate Juan Manuel Santos for a conversation on the role of transitional justice in peace negoti...

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.  ...

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.

This report from the United Nations (UN) Security Council discusses the UN's increased focus on transitional justice and the rule of law in conflict and post-conflict societies. This focus will yield important lessons for future UN activities. Advancing justice, peace, and democracy i...

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...

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.

This study presents reflections on the peace negotiations between the Colombian government and the United Self-Defense Forces of Colombia between 2003 and 2006. It seeks to contribute to strategies for negotiating with or subduing illegal armed groups, as well as for the general pursu...

In the foreground is a large pile of military rifles. In the back stand a regiment of paramilitary fighters in army fatigues.

This paper provides an initial summary of the work of the Sierra Leone Truth and Reconciliation Commission (TRC) and points to some of the key difficulties it has encountered. The Commission's first year was challenging: it effectively lost its full preparatory period and the first tw...

Ongoing economic and social inequality, a legacy of the dictatorship, affects Tunisians across generations, but has particularly pronounced impacts on young people. ICTJ worked with four young photographers to confront the consequences of marginalization and explore its impacts on Tunis...

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 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 paper summarizes the results of a mapping survey on transitional justice initiatives in Indonesia undertaken by ICTJ from August 2002 to May 2003. While the Indonesian government has created several state agencies and laws to address past cases of violence, it is still plagued by...

Almost a year after the second post-election transition in Burundi, national and international attention is focused on the willingness and ability of the new government to implement the decisions agreed to during negotiations that culminated in the historic August 2000 peace and recon...

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.

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.