620 results

This case study reviews and analyzes the deployment of international judges and prosecutors in Kosovo. It is part of a series providing information on hybrid courts' policy and practical issues. Although the Kosovo system of international judges and prosecutors has made significant st...

ICTJ provides constructive comments on the draft Internal Rules for the Extraordinary Chambers in the Courts of Cambodia (ECCC). While the draft Internal Rules provide greater procedural clarity for the ECCC proceedings, ICTJ lists several concerns in five areas that must be focused o...

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...

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 ...

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...

This reference manual offers a template for developing and operating an internationally-assisted criminal justice institution. It provides a practical basis for setting up such an institution from an administrative perspective, drawing on numerous relevant practices currently used in ...

This report examines the effectiveness of war crimes prosecutions in Serbia. While the War Crimes Chamber (WCC) and the Office of the War Crimes Prosecutor (OWCP) have had some success, significant concerns exist - such as opposition from ethnic nationalists. Despite shortcomings, the...

This paper evaluates the Dujail trial, the first of fourteen trials in Iraq against persons accused of crimes against humanity. Although the trial was potentially a new attempt at Iraqi justice, it fell short in many ways. Ultimately, it was rendered ineffective due to political inter...

This journal article examines challenges to the legitimacy of the Special Tribunal for Lebanon (STL). These challenges include selective impunity, the highly selective nature of the jurisdiction of the STL, and the fears that the STL itself will act as an instrument for foreign powers...

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 ...

ICTJ, with the sponsorship of the United Natinos Rule of law Unit and the support of the Secretariat of the Assembly of States Parties (ASP) to the International Criminal Court (ICC), hosted a retreate entitlted "Complementarity After Kampala: The Way Forward" on October 28-29, 2010, ...

As the United States and Colombia near the signing of a free-trade agreement and resolve differences over labor rights and other issues, the problematic extraditions of paramilitaries accused of savage crimes committed during the years of counter-insurgency remain far from the spotlight.

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?

The allegations of war crimes and crimes against humanity committed in the final phases of the conflict in Sri Lanka, made in the Report of the Secretary-General’s Panel of Experts on Accountability in Sri Lanka released on April 25, must be thoroughly investigated. This is the first comprehensive UN report examining the events in the Vanni region between January and May of 2009 and it alleges that “tens of thousands of civilians” were killed. The Government of Sri Lanka, but also the relevant international bodies, cannot claim credibility if these findings are ignored.

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

In August 2006 the Security Council created the UN Serious Crimes Investigation Team, as an extension of the previous investigation under the UN Integrated Mission Timor-Leste.

Justice and peace have been the highest aspirations of modern societies. Legislative bodies have enacted laws such as Law 975 of 2005, which ordered the State to provide instruments to resolve armed conflicts without neglecting fundamental social interests of truth, justice, and repar...

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 ...

Document from the High Court of South Africa regarding a case on enforced disappearances.

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. ...

A three-judge panel of Peru’s Supreme Court will announce a verdict before the end of this year in the trial of Alberto Fujimori, Peru’s president from 1990-2000, on charges of murder and kidnapping. Prosecutors hold him responsible for the deaths of 25 people at the hands of a death ...

On January 12, 2008, the Iraqi parliament passed the “Law of the Supreme National Commission for Accountability and Justice.” The new law replaces the earlier framework governing Iraq’s De-Ba’athification policies. This document is intended to provide a short summary and preliminary a...

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.

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 ...