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1. Gearing Up the Fight Against Impunity: Dedicated Investigative and Prosecutorial Capacities

Author:
Howard Varney and Katarzyna Zdunczky
Publication Date:
03-2022
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Holding perpetrators to account for the worst crimes known to humanity is one of the most important responsibilities of the community of nations in the 21st century. Notwithstanding the appalling nature of atrocity crimes, most perpetrators do not face justice. Specialized investigative and prosecutorial units, however, offer a ray of hope in this otherwise bleak justice landscape. Such units now operate in several countries around the world, including Argentina, Bosnia and Herzegovina, France, and Germany. This report, which was prepared jointly by ICTJ and the Foundation for Human Rights emerges from efforts to persuade the South African government to create a dedicated capacity to investigate and prosecute apartheid-era crimes, which have been long neglected. The report considers ways of gearing up the fight against impunity for serious international crimes and crimes of the past. It compares countries that leave atrocity crimes to the general administration of justice and those that adopt a specialized or dedicated approach. Specialized prosecutorial and investigative capacities are entities that focus exclusively on a particular category of crimes. While specialized units vary in size, structure, staffing, and operations, innovations such as prosecution-led investigations and bringing multi-disciplinary skills under one roof, make them considerably more effective than a generalized approach. The report provides a high-level audit of specialized units in 23 countries. It considers different models of domestic dedicated investigative and prosecutorial approaches and analyses their track records. Eleven case studies contrast countries with specialized units and those without. The report examines certain features that characterize specialized units, including their structure, composition, operations, and relationships with civil society and other entities. It analyzes the main challenges faced by the units including political dynamics, accessing evidence, and victim support. The report includes an overview of recent efforts by various specialized units to deliver criminal accountability for serious crimes committed in Syria. It concludes with recommendations on how to make specialized units more effective.
Topic:
International Law, Reform, Criminal Justice, Accountability, and Atrocity Prevention
Political Geography:
Uganda, Kenya, Africa, Europe, Middle East, Argentina, South America, Balkans, North Africa, Syria, Tunisia, Peru, and South Sudan

2. 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

3. 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

4. Alive in the Demand for Change: Transitional Justice and Prevention in Peru

Author:
Julie Guillerot
Publication Date:
07-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
From 1980 to 2000, Peru experienced both a violent internal violent conflict and political authoritarianism. In the two decades since, the country has implemented a wide range of transitional justice processes, including elements of truth, criminal justice, reparations, and institutional reforms directed at guaranteeing nonrecurrence. This study reflects on the preventive impact of those processes. It pays specific attention to the factors that facilitated the conflict and help explains its differentiated impact on victims and affected communities. The Peruvian Truth and Reconciliation Commission (CVR) revealed significant and longstanding socioeconomic, geographic, and educational divisions within Peruvian society that both caused the political violence and were reinforced by it. It painted a picture of victims as socially and economically excluded and placed the political violence within the context of almost two hundred years of domination, marginalization, and oppression of members of the Andean and native populations. In order to mend these human rights violations and social fractures, the CVR recommended truth, justice, reparations, and guarantees of nonrecurrence. The study contends that there is a before and after the CVR. Policies that contribute to preventing the recurrence of widespread political violence and abuses have been developed that would not have been possible without the existence of the CVR. There are also signs that the CVR’s narrative has penetrated a broader stratum of the population and political class, and that transitional justice has had a positive impact on society’s internal and external control of institutions. The broader democratic transition in Peru, however, never truly attempted to create a pluralist society based on a new social pact that included all Peruvians in the benefits and obligations of citizenship. In the absence of broader cultural or attitudinal institutional transformations, advances linked to transitional justice ultimately depend on the benevolent will of government officials and on persistent advocacy from victims’ groups and human rights organizations. The process of change remains unfinished.
Topic:
Reform, Criminal Justice, Memory, Institutions, Reparations, and Truth and Reconciliation
Political Geography:
South America and Peru

5. Accountability in Policing COVID-19: Lessons from the Field

Author:
Anna Myriam Roccatello and Mohamed Suma
Publication Date:
09-2021
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
As countries around the world roll out their COVID-19 vaccination programs and gradually reopen their economies and borders, the coronavirus continues to ravage vulnerable communities. Moreover, these same communities have borne the brunt of the economic disruption caused by the pandemic, which decimated livelihoods, increased poverty, and exacerbated inequalities in many countries. Early in the pandemic, countries rushed to shut their borders and impose emergency measures, such as curfews, travel restrictions, and community lockdowns. States deployed security forces to enforce these measures, some of which resulted in widespread human rights violations, including torture, killings, and intimidation of persons perceived as failing to comply with their orders. Colombia, Kenya, Lebanon, and Uganda—all countries where ICTJ works—are among those whose security agencies weaponized their powers under these emergency measures and often used brutal means to keep people off the streets. While constitutional police forces committed the bulk of these abuses, a growing number of paramilitaries, citizen vigilantes, and other nonstate forces have also committed human rights violations while enforcing the emergency measures. However, the COVID-19 pandemic underscores states' obligation to protect the inherent right to life and the subsequent right to health. Moreover, national and international human rights laws allow states to temporarily suspend certain rights and invoke special powers that would be considered an infringement of civil liberties in normal situations. Thus, the suspension of those rights is justified by the need to protect the collective good. This paper analyzes the emerging trends of draconian regular policing and vigilante policing during the pandemic in Colombia, Kenya, Lebanon, and Uganda. The paper also describes how armed nonstate groups have come to exercise control in communities where there is no government presence to enforce emergency lockdown and other measures, with little regard for the principles of proportionality and non-discrimination. In all contexts, since the outbreak of the COVID-19, regular police and paramilitary forces have increased their powers, which they have abused extensively. As a result, some policing practices have become deadlier than the virus itself and have exposed the profound frailties of democratic governance.
Topic:
Reform, Criminal Justice, Crisis Management, Institutions, Police, and COVID-19
Political Geography:
Uganda, Kenya, Africa, Middle East, Colombia, South America, and Lebanon

6. 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

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. Setting an Agenda for Sustainable Peace: Transitional Justice and Prevention in Colombia

Author:
María Cielo Linares
Publication Date:
07-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This study examines the preventive impact of transitional justice mechanisms created in Colombia before the 2016 peace agreement, namely the 2005 Peace and Justice Law and the 2011 Victims and Land Restitution Law. It finds that transitional justice has contributed to prevention in a number of ways, including by: (1) improving institutional responses for victims of human rights violations and creating spaces for participation; (2) adding issues to the public agenda, such as those related to economic and political networks supporting armed groups and the need to address the plundering of land; (3) developing a culture of awareness and respect for human rights; and (4) strengthening leadership within victims’ communities and facilitating the reintegration of victims into public life. The report also concludes, however, that these transitional justice processes have not done all that they could to promote the structural social changes necessary to resolve the underlying violent dynamics, especially in matters of inequity and discrimination, leaving the door open for future violence. Little progress has been made in addressing economic, social, cultural, and environmental rights violations, and insufficient attention has been paid to gender and ethnic discrimination. Where progress has been made in areas such as land restitution and participation, it has been limited by a lack of coordination between the national and local levels, a dearth of political will, and an ensuing failure of implementation. The study demonstrates that pursuing transitional justice in contexts of ongoing violence requires coordination between the justice and security sectors that depends on a holistic view of security and sustainable development. Additionally, it suggests that transitional justice processes have to work in tandem with the institutions set up to more directly address the structural problems of inequity and inequality. Finally, it contends that promoting the rights to truth, justice, reparation, and nonrecurrence requires a strategy to comprehensively address the associated demands and expectations.
Topic:
Reform, Criminal Justice, Memory, Institutions, Peace, Reparations, Gender, Atrocity Prevention, and Truth and Reconciliation
Political Geography:
Colombia and South America

9. A Mixed Approach to International Crimes: The Retributive and Restorative Justice Procedures of Colombia’s Special Jurisdiction for Peace

Author:
Anna Myriam Roccatello and Elizabeth Rojas
Publication Date:
07-2020
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In June 2019, ICTJ hosted an intense week of meetings with various members of the SJP, along with former combatants of the Public Forces of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP), and the victims of Colombia’s conflict. ICTJ Colombia routinely meets with these stakeholders as part of its work, but the aim of this week was to specifically include various international experts on restorative and transitional justice: Professor John Braithwaite, Professor Adolfo Ceretti, Professor Roberto Cornelli, Maria Camila Moreno Múnera, and Anna Myriam Roccatello. This report is the result of these fruitful meeting with the stakeholders in the Colombian peace process. Chapter 1 of this report gives an overview of the SJP’s innovative model, which can be considered a mixed restorative-retributive judicial organ. It also examines the potential value of such a mixed procedural approach, in comparison with the failures of purely retributive justice processes to achieve the specific aims of criminal accountability in a transitional justice context. Chapter 2 examines some of the various challenges for restorative justice in general. For convenience, those challenges have been divided into five categories: victims, perpetrators, judges, communications, and due process. Chapter 3 suggests various principles that the SJP should consider to help realize some of its restorative justice aims, while Chapter 4 suggests some specific procedures that the SJP may implement to achieve those restorative justice principles. Those readers who are familiar with transitional justice, the Colombian peace process, and the SJP may wish to skip Chapters 1 and 2 and move directly to the recommendations in Chapters 3 and 4. Finally, the report concludes with reflections on some challenges of the mixed approach and offers some general suggestions for how to move forward.
Topic:
Reform, Criminal Justice, Institutions, Reparations, and Truth and Reconciliation
Political Geography:
Colombia and South America

10. Justice Mosaics: How Context Shapes Transitional Justice in Fractured Societies - Report

Author:
Roger Duthie
Publication Date:
05-2017
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The contexts in which societies attempt to address legacies of massive human rights violations—by confronting impunity, seeking effective redress, and preventing recurrence—are integral to the concept of transitional justice. Such contexts can vary widely: they can include ongoing conflicts, post-authoritarian transitions, post-conflict transitions, and post-transitional periods. They can also differ in terms of institutional and political fragility as well as levels of economic and social development. Broad policy objectives in such contexts can range from rule-of-law promotion to conflict resolution, peacebuilding, vindication and protection of human rights, democratization, development, and social change. As the term suggests, however, the contexts in which societies undertake transitional justice processes are usually to some degree transitional. This is important because transitions create opportunities for addressing past injustice, while at the same time they retain continuities with the past that pose constraints or obstacles for doing so. The fact that context varies is important because the broader context affects the objectives of transitional justice efforts as well as the processes through which they develop, which in turn affect the specific responses that are most appropriate and feasible in each setting. Here processes refer to the different ways in which ideas and movements develop, promote, and coalesce in demands for accountability, acknowledgment, and reform in the aftermath of massive human rights violations.
Topic:
Reform, Criminal Justice, Institutions, Justice, Reparations, Gender, Truth and Reconciliation, and Youth Engagement
Political Geography:
Africa, Europe, Middle East, Asia, South America, and North Africa