Features

February 2009

Fact Sheet Series

ICTJ is launching a series of concise, up-to-date fact sheets on transitional justice issues around the world. These fact sheets will focus on topical issues, the status of transitional justice in countries, and international prosecution efforts.

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 Accountability and Peace for the Democratic Republic of Congo (Also available in French)

Causes and effects of the ongoing violence in the Democratic Republic of Congo - and recommendations on how to address human rights atrocities to establish a more secure, peaceful and just society. ICTJ also summarizes International Criminal Court prosecutions of DRC combatants.

Amnesty Must Not Equal Impunity (Also available in French)

Background on the role of amnesty in processes of transitional justice and the 2009 DRC Amnesty Law. Given a fragile justice system and culture of impunity, this law risks rewarding blanket amnesty for all crimes committed in the DRC. ICTJ gives suggestions to break the culture of impunity, and necessary reforms in order to bring about true justice and a lasting peace.

Canada's Truth and Reconciliation Commission

Background on the truth commission established in Canada to investigate past abuses against First Nations, Inuit and other Aboriginal children in the church- and state-run Indian Residential School system. Information on other steps being taken to address the legacy of abuse is also included. The commission is the first national TRC in an established democracy, and the first to focus exclusively on crimes against children and indigenous groups.

Canada's TRC: Special Challenges

Suggestions of possible approaches for the Canadian Truth and Reconciliation Commission, drawn from examples including Chile, Guatemala and Peru. As a TRC examining patterns of exclusion of indigenous populations, Canada could learn from links other commissions have made between racism, political marginalization, economic exclusion and violence.

Confronting Past Crimes at the National Level (Also available in French)

Background on conflict inthe Democratic Republic of Congo (DRC) and the Central African Republic (CAR) in the context of Jean-Pierre Bemba’s trial at the International Criminal Court (ICC). The ICC is preparing to prosecute Bemba of the DRC for alleged rapes, torture and murders that his militia committed in the CAR. The case against him demonstrates that the ICC is taking into account the regional dimensions of African conflicts and underscores that international prosecutions are just one element of a holistic approach for countries to take as they come to terms with past human rights abuses.

Fujimori on Trial (Also available in Spanish)

Background, criminal charges and chronology of the ongoing trial of Alberto Fujimori, Peru's president from 1990-2000, on charges of kidnapping and murder. Prosecutors hold Fujimori responsible for the deaths of 25 people at the hands of the Colina Group death squad of military intelligence officers. A verdict in this case is due by the end of this year from a three-judge panel of Peru's Supreme Court.

Jean-Pierre Bemba at the International Criminal Court (Also available in French)

Situation brief on the International Criminal Court's upcoming pretrial hearings on whether to pursue charges against Jean-Pierre Bemba for crimes his troops allegedly committed in the Central African Republic (CAR) in 2002-03. The ICC prosecutor opened an investigation in May 2007 into crimes committed in the CAR, based on a December 2004 referral from Central African President. An arrest warrant was issued on May 24, 2008, he was arrested the same day. He is now in custody in The Hague.

Responding to U.S. Abuses in the "War on Terror"

Details the range of measures that will be needed to address the consequences of abuses committed during the U.S. "war on terror," including independent investigations, public disclosure of the truth, prosecutions of those responsible for abuses and redress for victims of serious harms.

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 trial was cancelled shortly before it was scheduled to begin and the proceedings were put on hold. After appeals by the prosecutor, the court's Trial Chamber reinstated the proceedings and set the trial for Jan. 26, 2009. Lubanga is the first accused to be tried by the court.

Transitional Justice in Colombia

Background of the generations-long conflict in Colombia involving the state, the guerilla group FARC and paramilitiaries. The shifting boundaries between drug trafficking and political crime remain a serious obstacle to efforts to promote accountability and respect for human rights in the region.

Truth and Accountability for Kenya

Background on the violence that gripped Kenya after the 2007 election and the National Accord that restored peace. ICTJ provides suggestions for carrying out transitional justice measures in Kenya,  including criminal prosecutions, truth-seeking, police-reform, constitutional reform and a focus on violence against women.

Truth Commissions

Outline of lessons learned from past truth commissions, which have been created in more than 30 countries to investigate and report on human rights abuses. Truth commissions seek recognition for victims of past abuses and promote possibilities for peace, reconciliation and democracy.

Truth Commissions II

Case studies of four truth commissions organized in Africa and the Americas that are notably positive examples of how circumstances in each society helped shape the commissions' work. The cases reviewed include South Africa, Peru, Guatemala, and Greensboro, USA.

Unofficial or Local Truth-seeking Initiatives

Provides background on cases where local communities or civil society groups seek to recognize and investigate the legacy of past human rights abuses. Such initiatives can lead to more formal transitional justice approaches. The fact sheet includes case studies from Northern Ireland; Greensboro, North Carolina (US); Guatemala; Brazil and Colombia.

U.S. Accountability: The Difficult But Necessary Task

Response to the first 100 days of the Obama administration and the disclosure of evidence detailing abusive treatment of detainees in the "war on terror." ICTJ recommends the appointment of a special prosecutor, the creation of an independent, nonpartisan commission of inquiry and continued declassification of information.

Who is Bosco Ntaganda? (Also available in French) 

Background on the 2004 ICC arrest warrant for Bosco Ntaganda, wanted for war crimes allegedly committed in the DRC including civilian massacres and the recruitment of child soldiers. In 2009, the Congolese government decided not to arrest Bosco, and instead appointed him a deputy commander of military operations against the FDLR rebels.