South Sudan: Human Rights Council should appoint independent expert

South Sudan: Human Rights Council should appoint independent expert

The ICJ joins other NGOs in calling on the HRC to appoint an independent expert to investigate, publicly report on, and promote accountability for ‘severe, widespread and ongoing violations and abuses of international human rights and humanitarian law committed in South Sudan’.

The open letter, which includes additional recommendations for a resolution on South Sudan to be adopted at the 31st ordinary session of the Human Rights Council (29 Feb – 24 Mar) is available here: Open Letter South Sudan

Burundi Violence: civil society UN side event (live webcast)

Burundi Violence: civil society UN side event (live webcast)

The ICJ joins other non-governmental organisations in co-sponsoring “Escalation of Violence in Burundi: Human rights defenders voices from the ground”, a side event to the Human Rights Council’s special session on Burundi, 17 December 2015.

The event will take place Thursday 17 December – 9.00-10.00 am in Room XII, Palais des Nations, Geneva

Panelists:

Mr Pierre Claver Mbonimpa, Association for the Protection of Human Rights and Incarcerated Persons (APRODH)
Ms Margaret Barankitse, Maison Shalom
Mr Anschaire Nikoyagize, Ligue ITEKA
Ms Carina Tertsakian, Human Rights Watch

The event will be moderated by Nicolas Agostini of FIDH.

The event will be webcast live by the International Service for Human Rights (ISHR).

Follow on twitter using the hash-tag #BurundiHRDs

A flyer for the event is available here: Burundi-UNHRC-Advocacy-SideEvent-2015

ICJ’s submission to the Universal Periodic Review (UPR) of Swaziland

ICJ’s submission to the Universal Periodic Review (UPR) of Swaziland

Today, the ICJ made a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of the Human Rights Council’s review of Swaziland in April/May 2016.
In its submission, the ICJ expressed concern about the following issues:

1) independence and impartiality of the judiciary and fair trial rights; and

2) international human rights instruments and mechanisms.

A copy of the submission can be found here:

Swaziland-ICJ-UPR-SWAZI SUBMISSION FINAL AS LODGED-Advocacy-2015-ENG (full text in PDF)

Civil society declaration on Sudanese President Omar al-Bashir’s visit to South Africa without arrest

Civil society declaration on Sudanese President Omar al-Bashir’s visit to South Africa without arrest

The statement has been endorsed by more than 100 civil society groups, including the ICJ, with representation in more than 25 African states, following Omar al-Bashir’s travel to South Africa from June 13-15.

The declaration raises grave concern over South Africa’s flouting its domestic and international legal obligations in failing to arrest al-Bashir (photo), and applauds the efforts of Southern Africa Litigation Centre, which filed an application before South Africa’s courts to compel al-Bashir’s arrest.

The declaration is a strong testament to support for victims of grave crimes to have access to justice, for the ICC’s efforts to advance justice for crimes committed in Darfur, and for activism to ensure al-Bashir’s surrender to the ICC.

SouthAfrica-Civil Society Declaration on Bashir-Advocacy-Open letters-2015-ENG (full text in PDF)

South Sudan: Lack of domestic judicial capacity and the need for international cooperation and justice

South Sudan: Lack of domestic judicial capacity and the need for international cooperation and justice

The ICJ made an oral statement at the UN Human Rights Council, highlighting a severe lack of domestic judicial capacity, and the large needs for justice in relation to gross violations and international humanitarian law, as well as ordinary civil and criminal matters, in South Sudan.

The ICJ reported in 2013 that, notwithstanding substantial legal reforms, the justice system in South Sudan was so under-resourced that statutory courts were effectively unavailable to a large majority of the population. Further, judicial appointment procedures were insufficiently independent or transparent to satisfy international standards. Customary courts have a greater presence, but rightly do not have criminal jurisdiction, and further do not meet international standards as regards, for instance, institutional guarantees for independence and impartiality.

In addition to the difficulties most residents already faced in accessing justice, the conflict has resulted in gross violations of human rights and international humanitarian law. South Sudan must ensure effective remedy and reparation for victims of such violations, and that anyone reasonably suspected of responsibility is investigated and, if there is sufficient evidence, prosecuted. At the same time, it must fulfill the fair and effective administration of ordinary civil and criminal justice.

Particularly given the scale and gravity of the violations, the South Sudanese justice system simply does not have the capacity to bear this burden, at least not alone. In addition to building the capacity of the domestic judiciary, it is clear that an international criminal tribunal, preferrably the International Criminal Court, will need to play a key role. Other states, too, will have to exercise all grounds of jurisdiction at their disposal, and deliver effective mutual legal cooperation.

The ICJ considers that the lack of an effective, independent and impartial court system in South Sudan may well have contributed to the rapid deterioration of the situation over the past months. Building an independent and impartial justice system in which all residents of South Sudan can have confidence is essential to preventing recurrence of the violations in the future.

HRC26-Oral statement on SouthSudan-Advocacy-non legal submission-2014 (full statement in PDF)

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