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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. 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

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. A Transitional Justice Approach to Foreign Fighters

Author:
Cristian Correa
Publication Date:
12-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This research study examines the value of a transitional justice approach to the issue of foreign fighters in violent conflict. A transitional justice approach addresses the massive and serious human rights violations that are committed in conflicts involving significant numbers of people who traveled from another state to participate in them. Such an approach is based on the shared responsibility of states to meet their obligations derived from international human rights law and international humanitarian law. It is one that can help to center human rights considerations in responses to foreign fighters, thereby shifting the focus from security and punishment to justice and prevention. Transitional justice can help to develop a more comprehensive and coordinated set of responses to gross violations that account for the roles and responsibilities of a range of actors. In addition to providing justice to victims, transitional justice can help prevent the recurrence of the violence and abuse in which foreign fighters are often involved. A transitional justice approach includes interventions that promote accountability, truth, reparation, rehabilitation, reintegration, memory, and reform. These measures can be implemented in countries of origin and countries in or emerging from conflict. A transitional justice approach to requires dealing not just with foreign fighters themselves but with all of the abuses committed as part of the broader conflict or violence. The challenges that such an approach faces include the phenomenon’s transnational dynamic and the association of foreign fighters with contexts of terrorism and violent extremism. The report makes specific recommendations to countries of origin, countries in conflict, and the international community.
Topic:
Reform, Transitional Justice, Youth, Criminal Justice, Institutions, Engagement, Foreign Fighters, and Gender
Political Geography:
Afghanistan, Kenya, Africa, Iraq, Europe, Middle East, Balkans, Syria, and Asia-Pacific

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