Mar 26, 2014 | Advocacy, Non-legal submissions
The ICJ emphasised the need for an international inquiry to monitor and investigate human rights violations in Sri Lanka, during discussion at the UN Human Rights Council.
The ICJ stated that an international investigation mechanism such as a Commission of Inquiry is needed in part because the Sri Lankan justice system today simply cannot be relied upon to function as an independent and impartial institution.
- The judicial appointment process is subject to political interference.
- Judges and lawyers are subjected to threats and intimidation.
- Security of tenure for the judiciary is not protected by an independent, impartial and fair procedure for the removal or discipline of judges.
The UN High Commissioner for Human Rights has repeatedly expressed concern about “the continuing high levels of harassment and intimidation meted out to human rights defenders, lawyers and journalists”. Further incidents against human rights defenders occurred during the Human Rights Council session itself.
The ICJ urged the Council to establish an international independent and impartial investigation mechanism to give a glimmer of hope to victims and families, that their rights under international law to truth, justice and reparation will ultimately be upheld.
A number of delegations have jointly presented a draft resolution that would establish an international investigation with the backing of the Human Rights Council. A vote on the resolution is expected later in the week.
The full statement can be downloaded in PDF: Advocacy-UN-HRC25-SriLanka-OralStatement-26032014-rev
Video of the discussion of the report, including the ICJ oral statement, is available in the UN webcast archive.
See also:
Briefing note on independence of judges and lawyers in Sri Lanka
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
