Mar 24, 2014 | Advocacy, Non-legal submissions
The ICJ made an oral statement to the UN Human Rights Council during the general debate on the situation of human rights in the Occupied Palestinian Territory.
The ICJ noted that, almost ten years after the International Court of Justice ruled the construction of the separation wall in the Occupied Palestinian Territory (OPT) to be unlawful, States and international organizations have failed to take effective measures to hold Israel accountable for violations of international humanitarian law and human rights law arising from the wall.
As the International Court of Justice held, States must not “recognize the illegal situation resulting from the construction of the wall” and must not “render aid or assistance in maintaining the situation created by such construction.” Israel, for its part, must dismantle the wall and its associated regime and provide reparation to victims.
At the same time, Palestinian armed groups must renounce all direct or indiscriminate attacks on civilians and civilian objects. Israel must also cease its own violations of international humanitarian law.
The ICJ further addressed the human rights impacts of Israeli settlements in the occupied territory, and the need for the Security Council effectively to address the issue.
The full statement can be downloaded in PDF here: Advocacy-UN-HRC25-IsraelOPT-24032014
Mar 21, 2014 | Advocacy, Non-legal submissions
The ICJ spoke at the UN Human Rights Council on the lack of progress in Nepal on ending impunity.The oral statement was delivered during the general debate on the Universal Periodic Review (UPR).
Nepal has failed to take concrete action to implement key UPR recommendations, including those crucial to implementing the right to an effective remedy and reparation, creating effective mechanisms for transitional justice and ending impunity.
The Government continues to try to force through a Truth and Reconciliation Commission that is not human rights complicant and has already been ruled invalid by the Supreme Court of Nepal.
Nepal has also failed to take meaningful measures to investigate human rights violations and abuses that arose during the armed conflict.
The ICJ called on Nepal to take specific measures towards ending impunity.
The full written statement can be downloaded, in PDF format: Advocacy-UN-HRC25-Nepal-OralStatement-2103214
The representative of Nepal exercised the right of reply in response to ICJ’s oral statement.
Video of the oral statement, and Nepal’s statement in reply, via the official UN webcast.
Mar 18, 2014 | Advocacy, Non-legal submissions
The ICJ made an oral statement to the UN Human Rights Council, during the session with the Commission of Inquiry on Syria, concerning failures to protect the civilian population and the need for justice and calling for referral of the situation to the International Criminal Court.The ICJ underscored that for more than three years, the international community has failed to respond in a meaningful or effective manner to serious violations of international human rights and humanitarian law and other human rights abuses committed in the context of the Syrian conflict, to ensure that perpetrators on all sides are held accountable, and to implement concrete measures towards justice for victims.
The statement called on the Human Rights Council to request the Security Council to take effective measures, in accordance with the UN Charter, to protect the civilian population, bring an end to the conflict, and restore and maintain peace and security in the region.
The ICJ said that states, including the member States of this Council, should also act to provide urgent humanitarian relief to refugees, IDPs, and those trapped in besieged areas.
The statement emphasised that as the armed conflict continues to escalate, government forces and opposition groups have both been responsible for war crimes, crimes against humanity and other crimes under international law, including murder, hostage-taking, torture and other ill-treatment (including rape and other sexual violence), enforced disappearance, recruiting and using children in the hostilities, and disproportionate and indiscriminate attacks against civilians and civilian objects.
To address the pervasive and structural culture of impunity, the ICJ called on the Council to request the Security Council to refer the situation in Syria to the International Criminal Court. States, individually and collectively, must also comply with their obligations under international law to prevent war crimes and crimes against humanity and to exercise all grounds of jurisdiction at their disposal to investigate and prosecute anyone suspected of responsibility for such crimes.
The full statement, in PDF: Advocacy-UN-HRC25-Syria-OralStatement-032014
Mar 17, 2014 | Advocacy, Non-legal submissions
The ICJ made an oral statement at the UN Human Rights Council, on the need for fundamental reform of the legal system in Myanmar.
The oral statement was delivered during an interactive dialogue with the Special Rapporteur on human rights in Myanmar.
While noting some progress on legal reform to establish the rule of law during Myanmar’s economic and political transition, the ICJ noted that reforms are fragile and legal obstacles continue to block improvements to the extremely poor state of the rule of law and respect for human rights.
The ICJ considers that Myanmar’s judiciary is not yet independent. State authorities continue to exert improper influence on politically sensitive cases.
The ICJ was therefore deeply disappointed to hear the Representative of Myanmar state during the Council session that the Government rejected as “intrusive and prescriptive, infringing upon the national sovereignty” the Special Rapporteur’s basic recommendation that “the Government … Initiate fundamental reforms to establish a judiciary that is impartial and independent, including from the direct control of the Government and the military”.
Systemic problems affect the independence of lawyers, including the poor state of legal education and undue restrictions on licensing. Lawyers in Myanmar lack an independent Bar Council.
The ICJ stressed the need for Myanmar to ratify and implement all core human rights treaties, to cooperate with international human rights mechanisms, and to agree to the establishment of an OHCHR office in the country. At the same time, ICJ emphasised the continued need for a robust mandate for the UN Special Rapporteur on Myanmar.
The full statement may be downloaded in PDF: Advocacy-UN-HRC25-Myanmar-OralStatement-032014
The report of the Special Rapporteur is available here in Word format: SR Myanmar Report March 2014
For further information, please see the recent ICJ report Right to Counsel: The Independence of Lawyers in Myanmar (click to download PDF).
Mar 17, 2014 | Advocacy, Non-legal submissions
The ICJ made an oral statement at the UN Human Rights Council responding to the report of the Commission of Inquiry on the Democratic People’s Republic of Korea.
The statement called on the Council to take action on the findings and commending the Commission of Inquiry for overcoming the challenges to its work
The ICJ underlined the need, in view of the findings, for the Council to act with a view to ensuring accountability of perpetrators, including through means of international criminal responsibility.
The statement commended the innovative methodology adopted by the Commission of Inquiry and emphasised the need to protect victims and witnesses.
The full statement may be downloaded in PDF: Advocacy-UN-HRC25-DPRK-OralStatement-032014
Mar 12, 2014 | Advocacy, Non-legal submissions
The ICJ prepared an oral statement to the UN Human Rights Council in response to a report on armed drones presented to the Council by the UN Special Rapporteur on human rights while countering terrorism, Ben Emmerson, on 11 March 2014.
The ICJ expressed appreciation at the focus of the report on the use of remotely piloted aircraft in counter-terrorism operations, and particularly with the Special Rapporteur’s assessment that the single greatest obstacle to an evaluation of the impact of drone strikes is lack of transparency. Lack of transparency creates an accountability vacuum and prevents effective access to justice.
In addition to sources of a legal obligation of transparency, the ICJ refers to the Tshwane Global Principles on National Security and the Right to Information.
The ICJ stressed that a number of attacks documented in the report occurred outside of the context of any armed conflict, and thus were fully subject to international human rights law with no role for the special and potentially more permissive rules of international human applicable in situations of armed conflict.
The ICJ agreed a number of points raised in the report of the Special Rapporteur were matters of controversy between states, but at the same time recalled that a lack of consensus did not necessarily mean that international law did not already provide definite answers to the issues.
The ICJ further suggested that principles and guidelines on the use of remotely piloted aircraft in counter-terrorism operations should be based on legal analysis, framed from the perspective of ensuring States’ compliance with international law; and justice and redress for victims of human rights violations and/or violations under international humanitarian law.
Due to the very limited time allocated to non-governmental organisations during the Interactive Dialogue on the Report, the ICJ was not able actually to read out its oral statement, but is making it public and has communicated its contents to the Special Rapporteur.
The oral statement can be downloaded in PDF here: ICJ-HRC25-SRCT-OralStatement-Drones.
The Report by the Special Rapporteur is available here.
For further information please contact: Mr Alex Conte (alex.conte(a)icj.org), ICJ International Law and Protection Programmes
