Search

Begin New Search Topic Criminal Justice Political Geography North America

1. Civil Society-Led Truth-Seeking Initiatives: Expanding Opportunities for Acknowledgment and Redress

Author:
Eduardo González Cueva, Jill Williams, and Félix Reátegui Carrillo
Publication Date:
04-2022
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This study reviews civil society-led truth-seeking initiatives in different regions of the world drawing on their experiences, methodologies, and contributions. It identifies lessons learned and best practices and presents practical options for activists considering similar endeavors. The report is inspired by and builds on the work of transitional justice practitioners, including at ICTJ, who deploy wide-ranging modalities to advance truth seeking, including oral history, artwork, theatrical productions, reenactments, museum exhibits, memorials, films, and documentation projects. The right to the truth is a fundamental component of redress for victims of massive human rights violations. Institutional silence, suppression of complaints, and refusal to acknowledge such violations further perpetuates them by protecting and enabling those responsible. In many contexts, government-supported truth commissions are not possible. Moreover, total reliance on state-sanctioned formats can result in one-size-fits-all approaches to truth seeking, devoid of creativity or potential. In the absence of political will, civil society actors have responded to demands for truth by devising and carrying out truth-seeking efforts independently, using a wide array of tools and methods. Civil society-led truth-seeking initiatives provide a practical channel by which communities can respond to demands for redress when the state fails to deliver on its obligations to protect victims’ rights. While truth-seeking initiatives can take many forms, they generally share three main objectives: (1) establish the facts about human rights violations that remain disputed or denied and validate different interpretations and analyses of those facts; (2) protect, acknowledge, and empower victims and survivors; and (3) inform public policy, promote institutional reform, and contribute to social and political transformation. Through an examination of case studies from the United States, Colombia, Scotland, and West Papua, the report highlights common considerations and procedural questions that civil society groups should consider when designing and implementing a truth-seeking mechanism. These considerations can help inspire and guide civil society actors as they lead truth-seeking efforts in the United States and around the world.
Topic:
Reform, Transitional Justice, Youth, Criminal Justice, Memory, Engagement, Reparations, Gender, Atrocity Prevention, and Truth and Reconciliation
Political Geography:
Europe, Asia, Colombia, South America, North America, and United States of America

2. The Force of the Police: An Analysis of Police Violence Based on Experience in the United States and the Imperative to Restore Legitimacy

Author:
Robert Cornelli
Publication Date:
12-2022
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Egon Bittner, an early scholar of policing, noted that one of the peculiarities of the institution of the police is that it swings into action in response to “something that ought not to be happening and about which someone had better do something now.” The situations in which the police are called on to act are often emergencies, and it is at junctures such as these that, paradoxically, police officers sometimes take actions that ought not to happen. This is precisely what occurred in Minneapolis, Minnesota on May 25, 2020, when George Floyd, a 46-year-old Black man, was stopped by the police and subsequently killed by an officer who knelt on his neck for over nine minutes, ignoring his frequent pleas for help. The words he spoke as he suffocated under the officer’s knee—"I can’t breathe”—became an instant rallying cry for the protest movement that started in Minneapolis and quickly reverberated throughout the United States and the world. Floyd’s death reignited existing anger over American society’s deep and festering racial wounds. The litany of historical abuses in the United States is indeed long. His death also triggered significant social uprisings that have challenged the methods of policing that have emerged over the course of several decades. These uprisings have attributed greater responsibility to the police than in the past, for their perpetuation of stereotypes and discrimination. The time for an in-depth rethinking of the legitimacy of law enforcement bodies in the United States is ripe, and not only as a result of the new political approach ushered in by President Joe Biden and the greater awareness of police brutality triggered by demands of the Black Lives Matter movement.
Topic:
Law Enforcement, Reform, Criminal Justice, Memory, Institutions, Police, Truth, Violence Prevention, and Youth Engagement
Political Geography:
Colombia, South America, North America, Peru, Guatemala, and United States of America

3. Truth, Reconciliation, and Redress for Racial Injustice in the United States: Insights from Experiences of Commissions Around the World

Author:
The International Center for Transitional Justice (ICTJ)
Publication Date:
12-2022
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The United States has never collectively confronted its history of colonialism, slavery, and racism in an effort to reform the systems that perpetuate harms to Black communities and other marginalized and oppressed groups, or to redress these wrongs. However, events over the past few years—including local, national, and global protests in response to the murders of members of Black communities—have amplified calls for meaningful action to reckon with the past and forge a more just and equitable future for the country. While the United States is not emerging from armed conflict or authoritarian rule, as may be the case for many countries that have undertaken a transitional justice process, it can learn from the experiences of these countries to confront its legacy of human rights violations. This report from ICTJ and the International Arbitration Group-Racial Justice Initiatives, a coalition of practitioners from multiple law firms, examines the experiences of official truth commissions from around the world to identify relevant considerations for US stakeholders at the local, state, and national levels. Truth seeking is integral to the investigation of past wrongs. It can help create a shared narrative about the past, determine factors that led to violations, and articulate proposals for further justice measures and broader transformation. All transitional justice processes should be formulated with direct input from members of the affected communities and take into account their experiences and concerns. In the United States, this means scrutinizing the causes and consequences of historical and structural injustices and assessing the need for systemic reform. The report therefore looks in particular to truth commissions that have dealt with a long history of injustices, racism, discrimination, and inequality. In addition, most existing truth-seeking initiatives in the United States have been at the state, city, or county level, a trend that is likely to continue in the near future. While this report draws primarily from the experiences of national commissions, these experiences are relevant for ongoing and future efforts in the United States at both subnational and national levels. In the United States, racial injustice is both historical and current as well as systemic and felt by individuals in their everyday lives. It is therefore crucial that truth-seeking efforts provide guidance on material and symbolic reparations and institutional and structural reforms, including those to law enforcement and the criminal justice system. Experience from other countries has demonstrated the vital role that civil society as well as victims and others affected by past violations can play. It also shows that wider society must be committed to the process. Truth seeking can help push open the window of opportunity for transformative change in the United States.
Topic:
Reform, Criminal Justice, Institutions, Reparations, Racism, and Truth and Reconciliation
Political Geography:
North America and United States of America

4. Countering Global Kleptocracy: A New US Strategy for Fighting Authoritarian Corruption

Author:
Nate Sibley and Ben Judah
Publication Date:
01-2021
Content Type:
Special Report
Institution:
Hudson Institute
Abstract:
In the most comprehensive kleptocracy policy study yet published, Nate Sibley and Ben Judah examine the pervasive threat to democracy, prosperity and security posed by globalized corruption and offer 70 recommendations for US policymakers.
Topic:
Corruption, Authoritarianism, Criminal Justice, and Kleptocracy
Political Geography:
North America, Global Focus, and United States of America

5. Measuring Results and Monitoring Progress of Transitional Justice Processes

Author:
Mateo Porciuncula
Publication Date:
01-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Transitional justice processes are complex, politically contested, and not necessarily linear. Because of this, they present unique theoretical and practical challenges for measuring results, which include challenges for gathering data, registering unintended outcomes, reporting progress, providing feedback to interventions, and extracting useful information to establish impact or counterfactuals. Based on a desk research and a series of discussions with practitioners, policymakers, and academics, this report considers the following: The different roles monitoring and evaluation systems can play and the questions they can answer at different stages of a transitional justice process. This report recommends conducting assessments early on to inform design and to build feedback loops into ongoing processes. Key features of transitional justice processes, including their complexity, their political nature, and the difficult contexts where they are usually implemented. Combining qualitative and quantitative methods and designing monitoring and evaluation approaches that allow for capturing rich contextual data and unexpected results. Power dynamics, exclusion, and language, particularly in fragile contexts and when dealing with vulnerable populations. Monitoring and evaluation approaches that are conflict sensitive, victim centered, and participatory. The Sustainable Development Agenda as a framework for measuring results of transitional justice. While a politically legitimate and useful conceptual framework, there is room for improvement as current indicators are not best suited to contexts where a large proportion of the population has experienced human right abuses. Overall, stakeholders in transitional justice should take a “user-centered” approach to measuring progress and results, one that puts the people that a process is meant to serve at the center. In doing so, they can focus on collecting what matters, establishing feedback loops, and learning from and continually improving their interventions.
Topic:
Reform, Transitional Justice, Youth, Criminal Justice, Memory, Institutions, Gender, and Truth and Reconciliation
Political Geography:
Africa, Europe, Middle East, Asia, South America, and North America

6. The Color of Justice: Transitional Justice and the Legacy of Slavery and Racism in the United States

Author:
Virginie Ladisch and Anna Myriam Roccatello
Publication Date:
04-2021
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper makes the case for applying transitional justice approaches to dismantle systemic racism in the United States. The need to connect the dots between past and present abuses and affirm the humanity and dignity of Black people are central to all efforts to acknowledge victims and the violations they suffered, challenge the dominant historical narrative, repair harms, and reform broken systems. While the truth of the United States’ legacy of slavery and racism and its connections to present-day injustices are well documented in scholarly materials, they have not been acknowledged by the government or adequately integrated into the country’s collective narrative. Overcoming the dehumanization associated with persistent racial and socioeconomic subjugation requires a conscious and explicit government effort to denounce it and inform all citizens about how it occurred throughout US history. This includes acknowledgment and reparations. Reforms are also desperately needed in the criminal justice system, voting, housing, education, and health care. Drawing on comparative examples, this briefing argues that any meaningful changes to laws and policies or institutional reforms must be grounded in a recognition and understanding of the society’s past atrocities and its connection to present-day injustices, grievances, and violence. The United States finds itself in a moment of reckoning, as protests and public demands crack open the door to broader discussions on how to unravel the country’s legacies of slavery and white supremacy and reform institutions such the police and the criminal justice system. It should look to and learn from other countries that have undertaken efforts to address systemic human rights violations, provide reparations, and advance reforms. It is now time for the United States to apply transitional justice approaches domestically to at last reckon with its legacy of slavery and racism and build a more just future for the country and all its citizens.
Topic:
Human Rights, Reform, Slavery, Transitional Justice, Criminal Justice, Memory, Institutions, Racism, and Truth and Reconciliation
Political Geography:
North America and United States of America

7. Transitional Justice and Prevention: Summary Findings from Five Country Case Studies

Author:
Roger Duthie
Publication Date:
06-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This report summarizes the findings of an ICTJ research project exploring the role that transitional justice can play in preventing both massive and serious violations of human rights as well as violence and violent conflict more broadly. Its conclusions are drawn from case studies of five countries—Colombia, Morocco, Peru, the Philippines, and Sierra Leone—representing a range of complex contexts in which societies are grappling with violent conflicts, repressive governments, or acute inequality. It argues that transitional justice should be an integral element of conflict prevention, peacebuilding, and sustainable development. The report contends that transitional justice can contribute to prevention by: (1) addressing the exclusion and other harms that victims experience due to human rights violations they suffered; (2) addressing the exclusion and related injustices that communities and social groups face as a result of targeted violations and structural marginalization; (3) strengthening the rule of law and making it more inclusive; and (4) catalyzing the reform of institutions and laws that have perpetuated violence and discrimination as a means to exclude marginalized groups. The report also identifies a number of limitations to the preventive impact of transitional justice, including: (1) tensions that can exist between justice and prevention initiatives, especially in the short term; (2) justice processes that may be seen to be insufficiently participatory or even exclusionary themselves; (3) a lack of implementation of measures and reforms that are designed or recommended; and (4) contextual factors such political dynamics, security concerns, and the absence of broader structural change. The report concludes that applying a prevention lens to transitional justice does not fundamentally change how the field is understood, but it does have broad policy implications. First, fostering inclusion should be a primary objective of both the outcomes and the design of transitional justice mechanisms. Second, assessing the preventive role of transitional justice requires a long-term approach to inclusion and reform as these involve changes to social relationships, institutions, and structures. Third, prevention requires a society to confront both the root causes and consequences of injustice, and transitional justice processes can contribute greatly in this regard. However, they alone are not enough.
Topic:
Reform, Transitional Justice, Criminal Justice, Memory, Institutions, Reparations, and Truth and Reconciliation
Political Geography:
Africa, Middle East, Asia, South America, North Africa, North America, Sierra Leone, Morocco, Peru, and Oceania

8. Qualified Immunity: A Legal, Practical, and Moral Failure

Author:
Jay Schweikert
Publication Date:
09-2020
Content Type:
Commentary and Analysis
Institution:
The Cato Institute
Abstract:
Qualified immunity is a judicial doctrine that protects public officials from liability, even when they break the law. The doctrine has no valid legal basis, it regularly denies justice to victims whose rights have been violated, and it severely undermines official accountability, especially for members of law enforcement. Accountability is an absolute necessity for meaningful criminal justice reform, and any attempt to provide greater accountability must confront the doctrine of qualified immunity. This judicial doctrine, invented by the Supreme Court in the 1960s, protects state and local officials from liability, even when they act unlawfully, so long as their actions do not violate “clearly established law.” In practice, this legal standard is a huge hurdle for civil rights plaintiffs because it generally requires them to identify not just a clear legal rule but a prior case with functionally identical facts.
Topic:
Law, Reform, Criminal Justice, Accountability, Police, and Qualified Immunity
Political Geography:
North America and United States of America

9. Making Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era

Author:
Leisy Abrego, Mat Coleman, and Daniel Martínez
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
During a post-election TV interview that aired mid-November 2016, then President-Elect Donald Trump claimed that there are millions of so-called “criminal aliens” living in the United States: “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, we have a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate.” This claim is a blatant misrepresentation of the facts. A recent report by the Migration Policy Institute suggests that just over 800,000 (or 7 percent) of the 11 million undocumented individuals in the United States have criminal records. Of this population, 300,000 individuals are felony offenders and 390,000 are serious misdemeanor offenders — tallies which exclude more than 93 percent of the resident undocumented population (Rosenblum 2015, 22-24).[1] Moreover, the Congressional Research Service found that 140,000 undocumented migrants — or slightly more than 1 percent of the undocumented population — are currently serving time in prison in the United States (Kandel 2016). The facts, therefore, are closer to what Doris Meissner, former Immigration and Naturalization Service (INS) Commissioner, argues: that the number of “criminal aliens” arrested as a percentage of all fugitive immigration cases is “modest” (Meissner et al. 2013, 102-03). The facts notwithstanding, President Trump’s fictional tally is important to consider because it conveys an intent to produce at least this many people who — through discourse and policy — can be criminalized and incarcerated or deported as “criminal aliens.” In this article, we critically review the literature on immigrant criminalization and trace the specific laws that first linked and then solidified the association between undocumented immigrants and criminality. To move beyond a legal, abstract context, we also draw on our quantitative and qualitative research to underscore ways immigrants experience criminalization in their family, school, and work lives. The first half of our analysis is focused on immigrant criminalization from the late 1980s through the Obama administration, with an emphasis on immigration enforcement practices first engineered in the 1990s. Most significant, we argue, are the 1996 Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) and the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA). The second section of our analysis explores the social impacts of immigrant criminalization, as people’s experiences bring the consequences of immigrant criminalization most clearly into focus. We approach our analysis of the production of criminality of immigrants through the lens of legal violence (Menjivar and Abrego 2012), a concept designed to understand the immediate and long-term harmful effects that the immigration regime makes possible. Instead of narrowly focusing only on the physical injury of intentional acts to cause harm, this concept broadens the lens to include less visible sources of violence that reside in institutions and structures and without identifiable perpetrators or incidents to be tabulated. This violence comes from structures, laws, institutions, and practices that, similar to acts of physical violence, leave indelible marks on individuals and produce social suffering. In examining the effects of today’s ramped up immigration enforcement, we turn to this concept to capture the violence that this regime produces in the lives of immigrants. Immigrant criminalization has underpinned US immigration policy over the last several decades. The year 1996, in particular, was a signal year in the process of criminalizing immigrants. Having 20 years to trace the connections, it becomes evident that the policies of 1996 used the term “criminal alien” as a strategic sleight of hand. These laws established the concept of “criminal alienhood” that has slowly but purposefully redefined what it means to be unauthorized in the United States such that criminality and unauthorized status are too often considered synonymous (Ewing, Martínez, and Rumbaut 2015). Policies that followed in the 2000s, moreover, cast an increasingly wider net which continually re-determined who could be classified as a “criminal alien,” such that the term is now a mostly incoherent grab bag. Simultaneously and in contrast, the practices that produce “criminal aliens” are coherent insofar as they condition immigrant life in the United States in now predictable ways. This solidity allows us to turn in our conclusion to some thoughts about the likely future of US immigration policy and practice under President Trump.
Topic:
Migration, Refugees, and Criminal Justice
Political Geography:
United States, Central America, and North America

10. When No One Calls It Rape: Addressing Sexual Violence Against Men and Boys

Author:
Amrita Kapur and Kelli Muddell
Publication Date:
12-2016
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
There is no doubt that the scope of the problem for male victims is large. The World Health Organization has identified sexual violence against men and boys as a significant problem that has been largely ignored by nongovernmental organizations, health care providers, government agencies, criminal justice authorities, and others. The violations can take many forms, including rape, gang rape, sexual slavery, enforced nudity, and being forced to perform sexual acts with others. Very commonly, sexual violence against men is committed in situations of detention. Studies have shown this pattern in contexts such as Chile, El Salvador, Libya, Sri Lanka, Syria, the United States, and the former Yugoslavia. Transitional justice mechanisms—including truth commissions, reparations programs, and criminal trials—are well placed to begin tackling some of these issues as part of efforts to address legacies of violence. Yet, although the problem has been addressed by some transitional justice efforts in certain countries, there is still wide variation and inconsistency in terms of the responses to these violations and attempts to involve male victims of sexual violence in these processes. The risk that male victims will remain invisible and left out of responses to sexual violence is significant, unless their rights and concerns are given a specific focus comparable to that now increasingly given to female victims. A number of factors contribute to the generally lackluster response by both state and nonstate actors involved in implementing transitional justice processes. One is the tendency to conflate sexual violence with violence against women and girls, which contributes to the perception that it is a women’s issue, thus limiting the responses available to victims falling outside of this group, including men and boys. This means that male victims’ experiences of sexual violence continue to be underreported, misunderstood, and mischaracterized in transitional justice processes. Another issue is under-reporting, which is particularly relevant for truth commissions as the statements they receive from victims not only inform their final reports, but also typically contribute to the creation of victim registries and the design of reparations programs, and even prosecutions. In many cases, male victims are reluctant to acknowledge the sexual nature of the violations committed against them. This can happen in order to avoid the social stigma attached to such acts or due to the fear of being perceived as weak, labeled homosexual, or being accused of having “wanted it.” Even in instances where men report acts of sexual violence, those receiving the reports rarely handle the report with the sensitivity and awareness they require. Medical practitioners, for example, may not be adequately trained to recognize, identify, or treat male victims or they may themselves accuse male victims of homosexuality or otherwise perpetuate social misconceptions about these crimes.
Topic:
Criminal Justice, Sexual Violence, Men, Reparations, Gender, Truth and Reconciliation, and Boys
Political Geography:
Africa, Europe, Middle East, Asia, South America, North Africa, and North America