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1. Reflections on Victim-Centered Accountability in Ukraine

Author:
Kelli Muddell and Anna Myriam Roccatello
Publication Date:
02-2023
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Since Russian invaded Ukraine in late February 2022, the world has witnessed innumerable war crimes and other human rights violations, including indiscriminate attacks against civilians, summary executions, torture and ill-treatment, sexual and gender-based violence (SGBV), unlawful detentions, and forced deportation. In response, officials in Ukraine and members of the international community have launched multiple—and unprecedently expansive—efforts to investigate and prosecute these atrocities. Most, however, narrowly focus on criminal prosecution and often overlook the immediate needs and perspectives of victims. This paper examines the various actions that have been taken or are under consideration to investigate and prosecute war crimes and other human rights violations in Ukraine. It explores the myriad challenges they face and how tools from the field of transitional justice can be applied in tandem to deliver justice and reparation to victims and lay the foundation for a more inclusive and democratic Ukraine. The paper makes the case that criminal accountability is but one dimension of justice. For Ukrainians most acutely affected by the war, such as victims of torture and SGBV, as well as broad sectors of the civilian population whose lives have been upended and who now find themselves in desperate need, justice in fact entails a number of remedies including humanitarian assistance based on acknowledgment and repair. The authors further argue that the ongoing initiatives to investigate crimes committed in the war offer an opportunity. Specifically, the vast amount of documentation that government, civil society, and international actors have been gathering for use as evidence in criminal proceedings can be harnessed to advance other justice-related objectives. For instance, this information could serve a truth-seeking process that aims to establish a victim-centered historical record of the war and could inform the design of a more coordinated and forward-looking assistance program, including a much-needed reparations program.
Topic:
Reform, Criminal Justice, Accountability, Institutions, Peace, Justice, Reparations, Gender, Truth and Reconciliation, and Russia-Ukraine War
Political Geography:
Europe and Ukraine

2. Advancing Victims’ Rights and Rebuilding Just Communities: Local Strategies for Achieving Reparation as a Part of Sustainable Development

Author:
The International Center for Transitional Justice (ICTJ)
Publication Date:
11-2023
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This comparative study examines strategies used by local actors to facilitate the operationalization of reparations for victims of widespread human rights violations, while highlighting the synergies between these efforts and sustainable development. The study is based on the fieldwork of ICTJ and its partners in four contexts—Colombia, The Gambia, Tunisia, and Uganda. These countries represent a range of different situations, where the progress made, challenges faced, and overall political and institutional contexts vary significantly. Nonetheless, comparison of the approaches used across the cases offers valuable insights for those working in these and other contexts. In The Gambia, the truth commission and legislation for reparations have created expectations among victims, but a program has yet to be implemented. In Uganda, the legal and policy framework for reparations exists, but there is no enabling legislation or mechanism to provide them as a result of stalled political will. In Tunisia, the truth commission recommended reparations, but the political and economic situation make operationalization unlikely. In Colombia, challenges faced by reparations have informed the design of restorative sanctions that include reparative projects but are yet to be implemented. The major insights gained from this comparative study relate to the specific ways in which reparations can contribute to individual and community well-being and development; innovative and effective approaches to ensuring victims and communities receive reparations and support, including through collective action, engagement with government, and grassroots initiatives; the integration of victims’ needs and priorities into development policies and models; and the reparative elements of complementary accountability and reform measures that are participatory, address corruption and marginalization, and contribute to gender justice and equality. The report offers practical guidance and policy recommendations for advancing reparations as an integral element of broader societal efforts to facilitate inclusion, justice, peace, and development.
Topic:
Human Rights, Sustainable Development Goals, Accountability, Reparations, and Truth and Reconciliation
Political Geography:
Uganda, Africa, Colombia, South America, Tunisia, and Gambia

3. 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

4. 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

5. 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

6. Disrupting Cycles of Discontent: Transitional Justice and Prevention in the Philippines

Author:
Robert Francis B. Garcia
Publication Date:
07-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The end of authoritarianism in the Philippines in 1986 was an important opportunity to pursue transitional justice and effect societal transformation. This report examines how reparations, legal and institutional reforms, and truth telling about historical injustice and marginalization have contributed to prevention. But it also reveals how the limited and delayed nature of these efforts fits within a broader failure of society to address the root causes and legacies of the past. This, in turn, allows the risk of recurrence to persist. The study examines how the Philippines has responded to the repression and corruption under former president Ferdinand Marcos as well as armed conflicts that persist today. Reparations, for example, have contributed to the recognition and inclusion of victims of human rights violations by addressing grievances, providing redress, and increasing awareness of rights. In the Bangsamoro region, a truth commission addressed issues such as land dispossession, marginalization, and discrimination and made concrete recommendations for change. It is reasonable to argue that transitional justice in the Philippines has played a role in preventing the recurrence of the most serious and widespread human rights violations associated with Marcos. But many of its measures were not implemented at the opportune time and were not sufficient to either fully address the legacies of the past or to maximize their contributions to prevention. The lack of accountability for crimes committed under Marcos and the limited accountability in the decades since have perpetuated a culture of impunity. Post-dictatorship reforms have achieved much in way of reestablishing the democratic order but have not removed a corrupt system that can be traced back to colonial times. Limited structural change and economic policy have failed to address inequality. The persistence of rampant human rights violations since 1986 and the country’s recent swing back to authoritarianism are arguably at least partially the result of society’s failure to learn the lessons of the past.
Topic:
Reform, Criminal Justice, Memory, Institutions, Reparations, and Truth and Reconciliation
Political Geography:
Asia, Philippines, and Oceania

7. Leaving Behind the Worst of the Past: Transitional Justice and Prevention in Sierra Leone

Author:
Ibrahim Bangura
Publication Date:
07-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
From 1991 to 2002, Sierra Leone experienced a destructive civil war that fomented widespread violence and abuse. To address both the causes and consequences of the war, the country implemented criminal prosecution, a truth commission, a limited reparations program, institutional reforms, and local reconciliation practices. Nearly two decades after the end of the war, the country has avoided the recurrence of violent conflict, made substantial socioeconomic progress, and improved its democratic governance. This study analyzes how transitional justice in Sierra Leone has contributed to prevention through accountability and redress measures that addressed the grievances of those who were harmed by human rights violations and reduced the exclusion associated with the violence. Institutional and other reforms also helped to address the causes of the past violence and catalyze long-term change. At the same time, however, these contributions were limited in terms of reach and implementation. Despite these achievements, many of the civil war’s root causes—including poverty, unemployment, illiteracy, and a lack of agency among and recognition of ordinary people—remain unaddressed, and many of its consequences unredressed. The marginalization of young people, a key factor in the onset of the war, continues to be a societal problem. At the political level, ethno-regional-based approaches have deepened divisions and ethnic tension and increased the risk of instability. While transitional justice has helped Sierra Leone to avoid the recurrence of the worst of its recent past, a more comprehensive approach to sustainable peace and development is needed to address the historical legacies of the conflict and meet the current challenges. This approach will demand enormous political engagement, willpower, and resources, as well as community-based mobilization. It will also require following through on transitional justice processes, such as fully implementing the truth commission’s recommendations, and a range of additional political, social, and economic measures.
Topic:
Reform, Youth, Criminal Justice, Memory, Institutions, Engagement, Reparations, and Truth and Reconciliation
Political Geography:
Africa and Sierra Leone

8. ‘A Drop of Water on a Hot Stone:’ Justice for Victims in the Central African Republic

Author:
Rim El Gantri and Arnaud Yaliki
Publication Date:
03-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The Central African Republic (CAR) has endured six decades of violent conflict, which has fractured the country and weakened the state’s ability to provide not only justice but also basic services. Victims of human rights violations, especially those outside the capital Bangui, often belong to profoundly marginalized communities. Their victimhood is thus aggravated by daily struggles of exclusion, inequality, and the absence of alternatives. This research report examines the notion of justice and its feasibility from the perspective of a victim-centered approach in a context of profound fragility and extreme poverty. The first section of the report gives an overview of the contextual challenges to providing justice to victims, including the ongoing violent conflict and widespread human rights violations, polarization, lack of inclusion, social norms, and the exclusion of young people from decision-making processes. These obstacles, which deepen the justice gap, are generally not taken into consideration when designing justice measures and initiatives. The second section describes existing justice initiatives and those currently being established in CAR, including judicial and non-judicial mechanisms and those administered by national and international bodies. However, high operating costs, dysfunction, corruption, and centralization of services in the capital severely tend to limit the ability of these initiatives to deliver justice to victims. The third section discusses victims’ demands and aspirations for justice based on their experiences and priorities. It sheds light on the need for meaningful participation of victims, members of marginalized communities, and civil society representatives, among others, in justice initiatives in order to ensure their legitimacy and facilitate their implementation. Garnering such broad participation requires engaging, unifying, and impactful communication and outreach strategies. The report concludes with a set of conclusions and recommendations that acknowledge the challenges in providing justice to victims in a fragile context like CAR and highlight innovative transitional justice strategies in which victims are the cornerstone.
Topic:
Reform, Youth, Criminal Justice, Memory, Institutions, Engagement, Reparations, and Truth and Reconciliation
Political Geography:
Africa and Central African Republic

9. 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

10. 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