Where We Work

Europe

The European region presents diverse transitional justice challenges. Only the former Yugoslavia seems like a classic case of transition where legacies of past abuse simply cannot be ignored. Emerging from the Soviet Union, new countries in Eastern Europe and Central Asia have yet to produce a semblance of open society in which democracy, human rights, and the rule of law are guaranteed and recent abuses can be openly addressed. From Estonia to Bulgaria, the 10 former Soviet satellites now in the EU have advanced considerably in establishing democracy, but they still present legacy problems that cannot be addressed easily using standard transitional justice approaches.

In Western Europe a wide range of dilemmas have grown out of old wars and colonial experiences, and they defy a more-traditional transitional justice approach. In Spain the legacy of the civil war and the Franco era has finally surfaced, but prospects for meaningful engagement by the ICTJ are still unclear. In Northern Ireland local actors debate transitional justice questions with a high level of sophistication. In their own ways Turkey and Cyprus appear to offer prospects for ICTJ involvement. Generally, however, the term "transitional" is problematic in a continent full of countries that no longer see themselves as in transition.

The European Union is the key institutional actor in terms of policy development and advocacy. Its considerable resources may be deployed through EU missions and funding for transitional justice activities. The ICTJ has developed a multitude of activities related to the EU. It also seeks to develop cooperation with the Council of Europe and the OSCE.

Former Yugoslavia

The prospect of EU accession and the need to demonstrate progress on rule-of-law issues are indirectly putting new pressure on the governments of Bosnia and Herzegovina, Croatia, Montenegro, Serbia, and Kosovo to adopt transitional justice measures. Nevertheless, many issues remain politically contested, particularly because the countries that emerged from the former Yugoslavia are at different stages of transition. The scheduled conclusion in 2010 of the work of International Criminal Tribunal for the Former Yugoslavia offers possibilities and challenges for domestic efforts to provide justice to victims of the conflicts. Civil society seems increasingly aware of the need for both national and regional approaches to dealing with the past. However, the perception remains that governments and the public are reluctant to go beyond a nationalistic approach, especially in light of ongoing political developments in Serbia and Kosovo.
See separate section on former Yugoslavia.

Turkey

Since August 2006 the ICTJ has worked in Turkey to build relationships with local partners and deepen its understanding of the political context and the transitional justice perspective through in-country visits, conferences, and capacity building. The ICTJ will continue this cautious approach, carefully evaluate its work at each new phase of involvement, and determine how to engage constructively in longer-term developments emerging from Turkey's political transition.
See separate section on Turkey.

Cyprus

The ICTJ has the prospect of engagement in Cyprus, after an initial visit in March 2008, at a time when Greek and Turkish Cypriot leaders resumed talks on a possible political settlement. The overall objective will be to help pave the way for revision of the divisive historical narratives of each side, as well as promoting a shared understanding of the past that will contribute to reconciliation between the Turkish and Greek communities.

Spain

There is no official ICTJ program in Spain, but unofficial, high-level contact has been maintained on the recently passed Law on Historical Memory, which deals with the legacies of war and dictatorship from the Franco era. For the first time the law acknowledges Franco's victims and breaks a tacit agreement among most Spaniards not to dwell on the past. The ICTJ will assess the scope for meaningful engagement in Spain in 2008, paying attention also to its strategic significance as a country that was often said to show that a successful transition to democracy can be made without addressing the past, and to the particular nature of the democratic transition that took place there.

Northern Ireland

A Consultative Group on the Past was established in 2007 to advise on how to deal with the legacy of the Troubles. After extensive consultations it is to report in mid-2008. Since local experts are active on transitional justice issues, after initial and intermittent engagement, the ICTJ has little incentive to become more involved.
See separate section on Northern Ireland.

Former Soviet Union

The ICTJ's Europe and Central Asia Program plans an initial assessment of prospects for and relevance of transitional justice activity in the vast region of the former Soviet Union.

(Updated March 2008)