44 Resources Found
Supporting reconciliation in post-conflict situations
2 October 2016
This report covers several approaches to supporting reconciliation in post-conflict contexts. Designed as an e-learning document, the report provides general information about a variety of approaches, pros and cons of said approaches, indications of what roles donors can play, and covers Islamic reconciliation modalities available.
Handbook on Complementarity- An Introduction to the Role of National Courts and the ICC in Prosecuting International Crimes
22 July 2016
This Handbook is intended to explain the main issues of law and practice related to complementarity for those who are not legal specialists. It is aimed at organizations and individuals that are not specicalists on the International Criminal Court or criminal law issues. It supports those who want to understand the basic legal issues as well as the broader contextual matters connected to complementarity by explaining how the complementarity regime works. After reading this handbook, readers should have a basic understanding of the ICC, the concept of complementarity, how key cases on the issue have been decided, what the different stages of the admissibility process entail, what it means for national legal systems, and what it means for other national actors, including civil society and victims’ representatives. Case studies include the following countries: Afghanistan, Colombia, Cote d’Ivoire, the Democratic Republic of the Congo, Kenya, and Libya. This resource is also available in French.
Accountability and Reconciliation in Peace Processes
31 December 2015
Through international case studies and analysis of different methods, this paper examines the range of measures that may help societies to achieve accountability and reconciliation, and explores the challenges faced in this field. Successful accountability measures draw on a critical understanding of experience from elsewhere, carefully adapted to the social, political and cultural context and questions of feasibility. This Handbook includes recommendations on making provisions for accountability and reconciliation in peace negotiations and methods for accountability and reconciliation, with case studies from Northern Ireland, Cambodia, and Rwanda.
Education and Transitional Justice: Opportunities and Challenges for Peacebuilding
16 November 2015
This report, part of a joint research project by ICTJ and UNICEF on the intersections of education, transitional justice, and peacebuilding, explores how a transitional justice framework can help to identify educational deficits relating to the logic of past conflict and/or repression and inform the reconstruction of the education sector. Drawing on comparative experiences from around the world, it looks at how formal and informal education can help facilitate the work of transitional justice measures and vice versa. Page 35 begins practical recommendations for Transitional Justice practitioners, policymakers, civil society actors, education practitioners, policymakers, and donors. For more on the project, visit the project webpage: https://www.ictj.org/our-work/research/education-peacebuilding
Case Example: Colombia
7 October 2015
This case example is a complementary resource to the "Children in Armed Conflict Accountability Framework". It demonstrates the practical application of the Framework in Colombia. This is the second in a series of case examples by Conflict Dynamics International to demonstrate how individuals and organizations working in child protection, justice, peacebuilding, and other fields can apply the CAC Accountability Framework in a specific context. The information presented in this case example is intended to illustrate the practical application of the Framework in the context of Colombia. It is not intended to provide a comprehensive review of the state of accountability for serious violations of international law committed against children in armed conflict in Colombia. This tool is also available in Spanish in this database and on the webpage above "CAC Accountability Framework".
Ejemplo de caso: Colombia
7 October 2015
Este ejemplo de caso es un recurso complementario del "Marco de Rendición de Cuentas frente a los Niños, las Niñas y los Jóvenes Afectados por los Conflictos Armados: Un marco para la promoción de la rendición de cuentas a las violaciones graves cometidas contra los niños, las niñas y los jóvenes afectados por los conflictos armados" (“Marco de Rendición de Cuentas sobre NNJ”), que muestra la aplicación práctica del Marco de Rendición de Cuentas sobre NNJ en Colombia. Ésta es la segunda de las series de ejemplos de casos por la Conflict Dynamics International que muestra cómo las personas y las organizaciones trabajan en la protección de la niñez y la juventud, la justicia, la consolidación de la paz, y otros campo pueden aplicar al Marco de Rendición de Cuentas sobre NNJ en un contexto específico.
Case Example: Democratic Republic of the Congo
9 June 2015
This case example is a complementary resource to the "Children in Armed Conflict Accountability Framework". It demonstrates the practical application of the Framework in the Democratic Republic of the Congo (DRC). This is the first in a series of case examples by Conflict Dynamics International to demonstrate how individuals and organizations working in child protection, justice, peacebuilding, and other fields can apply the CAC Accountability Framework in a specific context. This tool is also available in French in this database and on the webpage above "CAC Accountability Framework".
Exemple de cas : République démocratique du Congo
9 June 2015
Cet exemple de cas constitue un complément au «Cadre relatif à l’obligation redditionnelle afférente aux enfants dans les conflits armés : Un Cadre pour la promotion de l’obligation redditionnelle pour violations graves commises contre les enfants en période de conflit armé (ECA) » (« Le Cadre relatif à l’obligation redditionnelle ECA »). Il présente l’application pratique du Cadre relatif à l’obligationredditionnelle ECA en République démocratique du Congo (RDC). Il s’agit de la première d’une série d’exemples de cas réalisées par Conflict Dynamics International afin d’illustrer la façon dont les personnes et les organisations travaillant dans les secteurs de la protection de l’enfant, la justice, la consolidation de la paix et autres domaines peuvent appliquer le Cadre relatif à l’obligation redditionnelle ECA dans un contexte précis.
Children in Armed Conflict Accountability Framework: A Framework for Advancing Accountability for Serious Violations against Children in Armed Conflict
This Framework is a practical resource that promotes accountability for serious violations of international law committed against children in armed conflict (CAC). It responds to the significant gap that exists in preventing and remedying these serious violations - and is designed to assist policymakers and practitioners working at all levels to bridge this gap. It provides individuals and organizations working in child protection, justice, peacebuilding, and related fields with a comprehensive definition and structure for understanding CAC accountability and practical guidance for developing well-informed, context-specific, and feasible options for advancing CAC accountability.
Marco de Rendición de Cuentas frente a los niños, las niñas y los jóvenes afectados por los conflictos armados
This resource is the Spanish version of the "Children in Armed Conflict Accountability Framework." El Marco de Rendición de Cuentas frente a los niños, las niñas y los jóvenes afectados por los conflictos armados es un recurso práctico que promueve mecanismos para abordar casos de violaciones graves derecho internacional cometidas contra los niños, las niñas y los jóvenes en situaciones de conflicto armado (rendición de cuentas sobre NNJ). Elaborado como respuesta al importante vacío existente en materia de prevención y reparación de este tipo de violaciones, este Marco aporta los siguientes elementos: 1. una definición completa y estructura para entender la cuestión de la rendición de cuentas sobre NNJ; 2. orientaciones metodológicas prácticas que pueden ser adaptadas y aplicadas en diferentes contextos con el objeto de aumentar las acciones de rendición de cuentas sobre NNJ.
Education and the Law of Reparations in Insecurity and Armed Conflict
With a focus on reparations, this resource examines how attacks against education during insecurity and armed conflict have previously been redressed and how they may be redressed in the future. It considers education as a form of reparation and explores how education may minimize the risk of future conflict. The appendix includes international and regional treaties, as well as relevant cases.
Engaging Children and Youth in Transitional Justice Processes: Guidance for Outreach Programs
This resource examines including children and youth in outreach programming for transitional justice measures. It provides components and structural approaches to planning outreach programs and addresses issues such as security and protection, psychosocial support, and coordination with external actors. The appendix includes a sample image release form and UNICEF Principles for Ethical Reporting on Children.
Submission on the principles to be applied, and the procedure to be followed by the chamber with regard to reparations
10 May 2012
This resource contains UNICEF’s submission to the International Criminal Court in the prosecution against Thomas Lubanga Dyilo from the Democratic Republic of the Congo. The document contains UNICEF’s recommendations for the principles and criteria that should guide the ICC’s decisions to awarding reparations.
Informal Justice Systems: Charting a Course for Human Rights-Based Engagement
This resource explores how informal justice systems and programs that include such systems can promote respect for human rights. It provides an overview of issues that international development and justice actors should consider before involvement informal justice mechanisms. This resource considers the place of children’s rights and women’s rights within informal justice systems.
Summary of ICTJ’s Recommendations to the ICC on Reparations in the Lubanga Case
This resource summarizes the ICTJ’s submission to the International Criminal Court (ICC) giving recommendations on reparations to victims in the Lubanga case. Recommendations included: ensuring information and access to justice for victims; holding reparations hearings within the Democratic Republic of the Congo; designing a combination of compensation, rehabilitation, satisfaction, and symbolic reparations depending on the category of victim; conducting needs assessment and gender analysis; involving communities; and ensuring perpetrators pay reparations.
Children and Justice During and in the Aftermath of Armed Conflict
This resource supports advocacy initiatives aimed at strengthening States’ protection of children’s rights and best interests during and after armed conflict. It examines children as victims and witnesses in judicial processes such as courts and tribunals, and in non-judicial processes such as truth and reconciliation commissions and traditional and restorative justice mechanisms. This report also looks at the concepts of reparations and reintegration. It uses the international legal framework and case studies to create recommendations for States, UN agencies, civil society organizations, and child protection actors.
Through a New Lens: A Child-Sensitive Approach to Transitional Justice
Based on assessments of Colombia, Democratic Republic of the Congo, Liberia, and Nepal, this resource examines the ways in which transitional justice can engage children and consider their needs. It assesses the extent to which truth-seeking mechanisms, criminal justice, reparations, and institutional reform have raised awareness about the victimization of children.
Bridging the Accountability Gap: New Approaches to Addressing Violations Against Children in Armed Conflict
This resource examines the accountability gap for violations committed against children in situations of armed conflict. It evaluates actions to attain accountability through efforts at the national level, UN Security Council, and international level. The report provides several policy options to address the accountability gap and features case studies in the Democratic Republic of the Congo and Colombia.
Children and Truth Commissions
This resource is intended to inform the work of child protection advocates and organizations, legal experts and other professionals in their efforts to protect the rights of children involved in truth and reconciliation processes. It includes emerging good practices and recommended procedures for children’s participation in truth commissions. The annex also provides model checklists for taking statements from children and model memorandum-of-understanding (MOU) agreements between truth commissions and child protection agencies.
Children and Security Sector Reform in Post-conflict Peace-building
This resource considers children and youth in the post-conflict peacebuilding phase of restoring justice and security. It discusses national structures and mechanisms, such as hybrid courts, domestic prosecution, and truth commissions, and articulates their relevance to children and young people. This report also explores the role of civil society organizations in building accountability and good governance within the security sector.
Psychosocial Support for Children: Protecting the Rights of Child Victims and Witnesses in Transitional Justice Processes
This resource outlines the importance of psychosocial support for children in their participation in transitional justice mechanisms, such as international tribunals, hybrid tribunals, and truth commissions. It also provides an overview of policies and procedures which protect the rights of child participants in truth, justice, and reconciliation efforts.
DDR, Transitional Justice, and the Reintegration of Former Child Combatants
This resource explores how transitional justice measures may positively affect former child combatants by reducing social exclusion from their communities. It considers several issues in relation to reintegration of children; such issues include truth-telling, reparations, local justice, and prosecutions.
Report and Proposals for the Implementation of Reparations in Sierra Leone
This resource evaluates a one-year project by the UN and the Government of Sierra Leone to implement the recommendations for reparations found the Sierra Leone Truth and Reconciliation Commission’s Final Report. The report summarizes the findings of the evaluation and provides recommendations to improve the Sierra Leone reparations program.
What is Transitional Justice?
1 January 2009
This two-page fact sheet describes transitional justice; where it came from and how it is used as a response to systematic or widespread violations of human rights. The aims of transitional justice will vary depending on the context but these features are constant: the recognition of the dignity of individuals; the redress and acknowledgment of violations; and the aim to prevent them happening again. Transitional justice is often approached in the following forms: criminal prosecutions, truth seeking/fact finding, reparations, reforms. More information is also available on the International Center for Transitional Justice website: https://www.ictj.org/about/transitional-justice
ICTY Manual on Developed Practices
This resource shares the International Criminal Tribunal of Yugoslavia’s (ICTY) experiences and established practices in the prosecution and adjudication of cases involving war crimes and serious violations of international humanitarian law. This manual is intended for actors prosecuting crimes during armed conflict in national and international jurisdictions. It provides guidelines on opening an investigation and information gathering, interviewing witnesses, indictments, issuing arrest warrants, pre-trial proceedings, trial and case management, and enforcement of sentences.
Rule-of-Law Tools for Post-Conflict States: Amnesties
Intended for practitioners, this resource explores the concept of amnesty and considers the relationship between amnesties and other processes of transitional justice, such as truth commissions, the right to remedy and reparations, and disarmament, demobilization and reintegration programs. This resource also incorporates relevant rules of international law and United Nations policy when drafting amnesties.
Guidance Note of the Secretary-General: UN Approach to Justice for Children
This resource is intended to provide guidance for children’s activities in pre-crisis, crisis, and post-crisis contexts, with particular attention to achieving justice for children at the national level. This resource includes nine guiding principles and a framework for a justice approach to child protection and child participation.
Transitional Justice: Information Handbook
This resource looks at the goals of transitional justice post-conflict and factors for determining appropriate transitional justice mechanisms. It provides guidelines on criminal prosecutions, truth commissions, vetting, reparations and compensation.
UNHCR Handbook for the Protection of Women and Girls
This resource provides an overview of the legal standards and responsibilities to protect women and girls. It discusses issues such as displacement, prevention, reintegration, participation in peacebuilding processes, and the administration of justice during displacement for formal, traditional, and transitional mechanisms. Chapter 6 provides an overview of the international and regional legal framework. This resource is intended for UNHRC staff, both at headquarters and in the field, and protection partners.
Children as Active Citizens: A Policy and Programme Guide
This resource considers commitments and obligations for children’s civil rights and civic engagement in East Asia and the Pacific. It aims to strengthen children’s civil rights and provides guidance on capacities, structures, and resources needed to strengthen children’s civil rights. The annex includes a checklist to assess children’s citizenship and civil rights at the national level. This resource is intended for decision-makers at the national level and service providers to realize civil rights for children.
Rule of Law tools for Post-Conflict States: Reparations Programmes
This resource provides a practical guide for implementing effective reparations programs. It focuses on establishing out-of-court reparations programs to redress gross and serious violations of human rights in conflict settings. It also examines kinds of benefits, financing reparations, linking with other justice measures, and making programs gender-sensitive.
Justice as Prevention: Vetting Public Employees in Transitional Societies
The second volume in the ICTJ’s Advancing Transitional Justice Series, this resource is comprised of a collection of essays that explores the issue of vetting in a variety of countries and contexts. Chapter 13 examines vetting and transitional justice. The appendix includes operational guidelines for vetting public employees in post-conflict settings.
Implementing Victims’ Rights: A Handbook on the Basic Principles and Guidelines on the Right to a Remedy and Reparation
This resource was created as a companion to the UN’s Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. It was intended to help guide non-governmental and civil society organizations advocate for victims’ rights as primary concern in state action.
Rule-of-Law Tools for Post-Conflict States: Mapping the justice sector
This resource aims to assist UN missions and transitional administrations in mapping the justice sector to understand how it operates in states before and during conflict. This resource provides an overview of key institutions, mechanisms, and priorities such as linkages between institutions and oversight bodies or accountability mechanisms. Page 14 focuses on traditional justice.
Rule-of-Law Tools for Post-Conflict States: Prosecution initiatives
This resource lays out the basic considerations for prosecution initiatives and aims to assist United Nations staff when addressing challenges to prosecuting perpetrators of genocide, crimes against humanity, and war crimes. It focuses on the technical, domestic challenges of such prosecutions and highlights considerations that should be applied to all prosecutorial initiatives. It examines strategic considerations, trial management and due process, and forms of interventions such as hybrid tribunals.
Rule-of-Law Tools for Post-Conflict States: Truth Commissions
This resource establishes principles and standards for the creation of truth commissions and explores core operational activities such as statement-taking, building a database, research and investigations, public hearings, public outreach, and report writing. It also explores the link between truth commissions, prosecutions, reparations, vetting, and reforms. The role of national and international NGOs in truth commissions is considered. Meant to assist field missions and transitional administrations, this resource uses lessons learned from previous UN field missions in Sierra Leone and Timor-Leste.
Rule-of-Law Tools for Post-Conflict States: Vetting: an operational framework
Written for United Nations field staff and others responsible for institutional and personnel reform in post-conflict states, this resource provides an overview of vetting as a tool of institutional reform and transitional justice. It also explores the conditions of transitional personnel reform, operational guidelines for assessment and designing the vetting process, and considerations regarding the political conditions surrounding reform.
Vetting Public Employees in Post-Conflict Settings: Operational Guidelines
This resource provides guidance on vetting in post-conflict settings. It includes an overview of factors that determine a vetting process, designing a vetting process, different types of vetting, and other relevant institutional reforms. The annex includes a vetting checklist, a capacity and integrity framework, and relevant conventions and codes for vetting in security and judicial sectors.
Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law
This UN General Assembly resolution provides principles related to State's obligations concerning reparations to victims of international humanitarian and human rights abuses. Victims have a right to be treated humanely and with respect, to access justice and relevant information, and to be afforded adequate and effective reparation without discrimination.
Sierra Leone Truth and Reconciliation Commissions Reports
This resource is the final report of the Sierra Leone Truth and Reconciliation Commission, held from 2002 to 2004. Volume Two, Chapter 3 contains recommendations concerning legal, political, and administrative reforms and measures, and includes a specific category for children. Volume Two, Chapter 4 provides the legal basis for reparations, lists categories for eligible beneficiaries, including children, and makes recommendations on according the benefits and effectively implementing the reparation program.
Truth and Reconciliation Report for the Children of Sierra Leone, Child-friendly version
This resource provides an example of a child-friendly version of a Truth and Reconciliation Commission (TRC) Report. Sierra Leone’s TRC was the first truth commission to produce a child-friendly report to engage children and document children’s experiences during the civil war.
International Criminal Justice and Children
This resource introduces the international framework for children and justice, including international legal protection standards and judicial and non-judicial accountability mechanisms. It takes a particular look at protection of children in times of war and use of child soldiers, as well as protection of children as victims and witnesses. In particular, it outlines the role of the International Criminal Court (ICC), as well as its relation to national justice systems. Finally, it gives some concrete recommendations on the role of children in non-judicial mechanisms like truth commissions and traditional accountability mechanisms.
Children and The Truth and Reconciliation Commission for Sierra Leone: Recommendations for policies and procedures for addressing and involving children in the Truth and Reconciliation Commission
This resource contains recommendations from a technical meeting on children for the Truth and Reconciliation Commission (TRC) of Sierra Leone held in 2001. The report outlines guiding principles for the truth and reconciliation commission, which include psycho-social support for children and child friendly environments. The resource concludes with participating children’s views and expectations of the TRC.
Justice in Matters involving child victims and witnesses of crime: Online training
This free online self-learning tool is intended for practitioners working in an area related to child victims and witnesses of crime. Registration is required.
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