Oct 10, 2023 | Advocacy, News
The International Commission of Jurists (ICJ) condemns the direct attacks against civilians in Israel, including deliberate killings of hundreds of civilians, the taking of hostages and the launching of indiscriminate rockets against civilians and civilian objects, perpetrated by Palestinian armed groups since 7 October 2023.
“I abhor the deliberate targeting of civilians and hostage-taking, and condemn the horrific escalation of violence in Israel and the Occupied Palestinian Territory,” said Santiago Canton, ICJ Secretary General. “These atrocities are crimes under international law and must stop immediately. Civilians held hostages should be released.”
The ICJ also condemns Israel’s retaliatory airstrikes against buildings in densely populated areas in Gaza, which have killed hundreds of Palestinian civilians, and the measures of collective punishment taken against civilians in Gaza, including a total siege on food, water, electricity and fuel.
“I urge the Israeli authorities to refrain from engaging in indiscriminate retaliations or any form of collective punishment against civilians and from using starvation as a method of warfare,” said Canton.
The ICJ calls on all parties to the conflict to respect their obligations under international humanitarian law to protect civilians caught up in the hostilities and for accountability for the crimes under international law that have been perpetrated.
The attack led by Palestinian armed groups began on 7 October 2023, with thousands of indiscriminate rockets fired on Israel as well as incursions in Israel of armed combatants shooting civilians en masse and taking hostages to Gaza.
Israel retaliated with attacks against the Gaza strip through waves of airstrikes targeting several residential buildings and a mosque.
The death toll reported as of this morning, 10 October, was of at least 900 Israelis and at least 700 Palestinians, with more than 2,600 Israelis and 3,700 Palestinians injured.
While Israel has already cut off electricity and fuel supplies to Gaza, on 9 October the Israeli Defence Minister announced a complete siege of Gaza, including food and water, adding “we are fighting human animals and we are acting accordingly.” On the same day, Hamas threatened to execute an Israeli captive for every Israeli bombing of a civilian building without warning.
Background
Israel has imposed an air, land and sea blockade on the Gaza Strip since 2007.
The ICJ has documented Israel’s systematic human rights violations against the Palestinians in the Occupied Palestinian territory, such as forced evictions and displacement, restrictions on freedom of movement and arbitrary deprivations of life and liberty.
The ICJ has further documented attacks by Israeli forces and Palestinian armed groups in the Gaza strip in violation of the prohibition against deliberate or indiscriminate attacks against civilians, including as a result of the launch by Palestinian armed groups of thousands of indiscriminate rockets into Israel.
In February 2023, the ICJ called on the Israeli authorities to stop all actions amounting to the war crime of collective punishment of the Palestinian people in the West Bank and East Jerusalem, including house and property demolitions, arbitrary revocation of residency and citizenship rights and forcible deportation of Palestinians from the Occupied Palestinian Territory.
The ICJ recalls that willful killing, willfully causing great suffering or serious injury to body or health, unlawful deportation and taking of hostages committed against civilians and members of armed forces placed hors de combat, as well as extensive destruction of property not justified by military necessity and carried out unlawfully and wantonly, are grave breaches of the Fourth Geneva Convention and Additional Protocol I to the Geneva Conventions and amount to war crimes under the Rome Statute and customary international law. Intentionally directing attacks against the civilian population and civilian objects and intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions, as well as measures of collective punishment against protected persons, also amount to war crimes.
Contact:
Said Benarbia, Director of the ICJ’s Middle East and North Africa Programme, email: said.benarbia(at)icj(dot)org
Oct 9, 2023 | Access to justice, Advocacy, Cases, News
Today, the International Commission of Jurists (ICJ), the AIRE Centre (Advice on Individual Rights in Europe), the Dutch Council for Refugees (DCR), and the European Council on Refugees and Exiles (ECRE), submitted a third-party intervention to the European Court of Human Rights in the case S.M.H. v Lithuania, concerning the deprivation of liberty of an asylum seeker.
S.M.H., an Iraqi citizen, who entered Lithuania irregularly and sought asylum, was subsequently arrested and detained in various centres. The applicant claimed that his detention was not justified, lacking both individualised assessment and effective legal assistance.
In its intervention, the ICJ and its partners focus on Article 5.1 and Article 5.4 of the European Convention of Human Rights (ECHR). In particular, the interveners analyse the requirements for lawful deprivation of liberty, the right to have the lawfulness of detention promptly examined by a Court, and the right to have effective legal assistance. The intervention considers both the EU and international law and standards related to deprivation of liberty and the right to an effective remedy against unlawful detention and material conditions of detention.
The key points of the intervention are as follows:
- The interveners submit that under Article 5.1 detention must not be arbitrary, and be prescribed by law both substantively and procedurally. The intervention highlights that detention must be a measure of last resort, it should follow an individualised and exhaustive examination, and it may be imposed only when less strict measures cannot be effectively applied.
- Regarding Article 5.4, the interveners clarify that an effective judicial review of detention prescribed by law and accessible in practice constitutes a safeguard against arbitrary detention. Legal aid and competent legal representation are essential elements in ensuring the accessibility and effectiveness of judicial review of the lawfulness of detention.
- Finally, the interveners stress that lack of access to clear information, lack of access to a lawyer, and lack of access to an effective remedy contravene the guarantees under Articles 3 and 13 ECHR, rendering them ineffective, theoretical, and illusory.
Read the full intervention here.
Sep 27, 2023 | Advocacy, News
The International Commission of Jurists (ICJ) and four other organizations condemn in the strongest possible terms the arbitrary execution of Mr. Lê Văn Mạnh in violation of his right to life and freedom from torture and cruel, inhuman or degrading punishment. He was executed despite credible allegations that Mr. Lê Văn Mạnh had been subjected to severe beatings amounting to torture by the police in order to extract a “confession,” which was relied on at trial to convict him.
Despite the public outcry and the persistent calls within the international community for an impartial, independent and effective review of his case, the authorities proceeded with the execution of Mr. Lê Văn Mạnh on 22 September 2023, in defiance of international law and contrary to the global trend towards establishing a moratorium on the use of the death penalty and abolition of the death penalty.
According to the death certificate issued by Thu Phong village, Cao Phong district, Hòa Bình province that Mr. Lê Văn Mạnh’s family received on 23 September 2023, he was executed at 7am on 22 September 2023. His execution was carried out only four days after his mother had received the notification from the People’s Court of Thanh Hóa, informing her that as Mạnh’s relative, she could apply in writing to receive her son’s ashes or corpse.
The execution notice issued by Thanh Hóa province police indicates that the responsible authorities had exchanged two official letters in August 2023 to uphold the decision to carry out Mạnh’s execution. This means they had waited for more than one month before notifying Mạnh’s family about his impending execution, hindering any efforts by his family and the public to call for an immediate halt of the execution. Additionally, the notification letter shared with the family did not include the date of the set execution and the family was not given the opportunity of a last visit – a cruel, inhuman and degrading treatment that international human rights bodies have repeatedly condemned.
Allegations of violations of due process and procedural irregularities
Lê Văn Mạnh had been convicted of robbery, rape, and murder of a 14-year-old girl – Hoàng Thị Loan – in July 2005.
According to the case’s official records, the victim, Hoàng Thị Loan, was raped and murdered in Yên Thịnh Ward, Yên Định District, Thanh Hóa Province, in March 2005. On 20 April 2005, Lê Văn Mạnh, who was 23-year old at the time, was arrested pursuant to a temporary arrest warrant issued by the investigative police unit of Đồng Nai Province for an entirely different matter earlier that month.
However, according to the criminal complaint, just three days later, by 23 April 2005, a “confession” letter, claimed to be written by Mạnh while in police detention addressed to his father, had surfaced, admitting guilt to the rape and murder of Hoàng Thị Loan. The police confiscated this letter and used it to prove Mạnh’s guilt. The criminal complaint further showed that the investigation relied on the testimony of a 9-year-old child – who was interviewed by the police without parental permission – for leads.
Between 2005 and 2008, Mạnh underwent a total of seven court hearings, including three trials, three appeals, and one cassation trial. In all of his court hearings, Mạnh vehemently denied all of the charges and retracted his earlier “confession”, alleging that he had to provide it after being beaten by both the police officers investigating his case and his cellmates who were acting under police’s instructions.
There was no physical evidence to tie Mạnh to the alleged rape and murder. The only evidence presented by the prosecution was Mạnh’s “confession” letter, which he had already retracted because it was allegedly obtained under duress and torture. Nevertheless, Lê Văn Mạnh was convicted of the rape and murder of Hoàng Thị Loan and sentenced to death.
Recommendations
The execution was arbitrary, as it took place as a consequence of a denial of the right to fair trial among other rights. The execution also is contrary to repeated resolutions of the UN General Assembly and the overall global trend towards establishing a moratorium on the use of the death penalty with a view to abolition. We strongly urge the authorities to:
- Immediately halt all pending executions and establish a moratorium on executions with a view to abolishing the death penalty in Việt Nam;
- Initiate prompt, impartial and effective investigations into the allegations of torture or other cruel, degrading or inhuman treatment with a view to gaining a “confession” from Mr. Lê Văn Mạnh, noting that his was not the only case where there had been allegations of torture being used to extract a “confession” later used as evidence at trial, which resulted in the imposition of the death penalty; and
- Ensure that there is full transparency in the use of the death penalty, including through ensuring that essential information relevant to a specific planned execution is promptly provided to the prisoner and their family, and making publicly available information regarding death sentences, pardons, number of people on death row, notifications of any set executions and executions carried out.
Background
The UN General Assembly, in repeated resolutions and by overwhelming majorities, most recently in General Assembly Resolution 77/222 of 15 December 2022, has called on all States that retain the death penalty to impose an immediate moratorium on executions, with a view to abolition.
In line with opinions shared by many governments and the United Nations, we emphasize that the death penalty constitutes a denial of the right to life protected by Article 6 of the International Covenant on Civil and Political Rights (ICCPR) to which Việt Nam is a State party; and that it constitutes a form of cruel, inhuman or degrading punishment, prohibited under Article 7 of the ICCPR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). Countries like Việt Nam where the death penalty is imposed, must ensure, at a minimum, that it is only used in cases of “the most serious crimes” (i.e. intentional killing) following a trial that meets the highest level of compliance with international law and standards of fairness.
As the UN Human Rights Committee noted: “Violation of the fair trial guarantees provided for in article 14 of the Covenant in proceedings resulting in the imposition of the death penalty would render the sentence arbitrary in nature, and in violation of article 6 of the [ICCPR]” (General Comment No. 36 – Article 6: right to life, UN Doc. CCPR/C/GC/36, para. 41). Mạnh’s trial was clearly neither fair nor compliant with international human rights law.
Furthermore, as a State party to the UNCAT and the ICCPR, Việt Nam has an obligation to respect the prohibition of torture and other forms of ill-treatment at all times.
Article 15 of the UNCAT obliges State parties to “ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings.” International law prescribes that State parties must conduct prompt, impartial and thorough investigations when complaints of torture or other ill-treatment are made (Articles 12 and 13, UNCAT; and Articles 7 and 2(3), ICCPR). In addition, State parties must provide prompt and effective access to effective remedies and full reparations for victims of torture and other ill-treatment (Article 14, UNCAT, and Article 7 in connection with Article 2(3), ICCPR).
Signatories
Amnesty International
International Commission of Jurists
Legal Initiatives for Vietnam
People in Need
Vietnamese Advocates for Change
Sep 22, 2023 | Advocacy, News
The International Commission of Jurists (ICJ) and International Bar Association Human Rights Institute (IBAHRI) called the Human Rights Council’s attention to the serious abuses amounting to crimes under international law linked to mercenary activities in the Sahel region of Africa, including allegations of unlawful killings, torture and ill-treatment, rape and other sexual violence, and enforced disappearances. Read the full statement below.
Oral Statement of the ICJ and the IBAHRI on the recruitment and activities of mercenaries and private military and security companies
“Mr President,
The International Commission of Jurists (ICJ) and the International Bar Association Human Rights Institute (IBAHRI) deplore the practices of predatory recruitment of people usually in vulnerable situations, such as detainees, and the harsh and risky conditions of service they endure as described in the report of the Working Group on the Use of Mercenaries (A/HRC/54/29).
The report describes opaque and deceitful contract terms, and orders to take direct part in hostilities in foreign countries without their prior consent. These practices sometimes amount to forced labour and debt bondage, in addition to human trafficking.
We remind the States with jurisdiction over persons and practices of their obligation to protect the human rights of persons in such vulnerable situations. ICJ and IBAHRI especially calls this Council’s attention to the serious abuses amounting to crimes under international law linked to mercenary activities in the Sahel region of Africa, including allegations of unlawful killings, torture and ill-treatment, rape and other sexual violence, and enforced disappearances.
We are deeply concerned at repeated allegations that some of these serious human rights abuses are committed by the so-called Wagner Group and call States concerned to promptly, thoroughly and impartially investigate these allegations and bring the perpetrators to justice.
ICJ and IBAHRI support the Working Group’s recommendations for renewal of the mandate of the Intergovernmental Working Group on an international regulatory framework on private military and security companies and call all States to constructively participate in its work (para. 42 g).
Thank you.”
For more information, contact:
Carlos Lopez Hurtado, ICJ Senior Legal Adviser, e: carlos.lopez@icj.org
Sep 21, 2023 | Advocacy, News
Between 18 and 20 September 2023, the International Commission of Jurists (ICJ), the Access to Justice Knowledge Hub and the Andes University’s Programme of Action for Equality and Social Inclusion (Programa de Acción por la Igualdad y la Inclusión Social -PAIIS) jointly held a regional workshop in Bogotá, Colombia, on the discriminatory, disproportionate and often arbitrary use of criminal justice systems against marginalized individuals and groups in Latin America. The event brought together approximately 30 members of civil society organizations, justice actors, judges and representatives of government institutions. Participants came from a range of Latin American countries, including Argentina, Chile, Colombia, Ecuador, Mexico, Paraguay, and Peru.
The workshop centred around the ICJ’s “8 March Principles for a Human Rights-Based Approach to Criminal Law Proscribing Conduct Associated with Sex, Reproduction, Drug Use, HIV, Homelessness and Poverty” (8 March Principles) as well as the UN Special Rapporteur on the rights of persons with disabilities’ “International Principles and Guidelines on Access to Justice for Persons with Disabilities”. Participants agreed that the alarming worldwide trend of over-criminalization was evident in Latin America too. This trend hinders the advancement of human rights, especially the rights of marginalized individuals and groups, such as LGBTI+ persons, people living with HIV, women with disabilities and women living in poverty.
In his keynote presentation, ICJ Commissioner Rodrigo Uprimny discussed “the inevitability of criminal law”, describing it as “a bitter necessity for social coexistence”. Certain conduct, he argued, such as acts constituting human rights abuses, must inevitably be criminalized by States. Against this background, Uprimny also noted that there is tendency towards “penal populism” in Latin America, often resulting in the disproportionate and discriminatory use of criminal law in various contexts, such as social protest, drug use and abortion. Commenting on the importance of the 8 March Principles in Latin America, he therefore said:
“Reality shows that the conduct addressed by the Principles is precisely the conduct where the discriminatory impact of criminal law tends to be very strong (…) on all grounds of discrimination: gender, race, disability, poverty, etc. (…). The Principles call for caution against the tendency toward over-criminalization. (…). overcriminalization is not only a matter of authoritarian right-wing governments in Latin America. In the human rights world, there is a movement towards retributivism. (…) [The use of criminal law] may sometimes be justified, but sometimes it can have perverse effects.”
The participants reflected on common predicaments and barriers that criminal justice systems impose against marginalized groups and individuals in Latin America, including in relation to the disproportionate impact of criminal law on women, homeless persons, persons living with HIV, people who use drugs and persons with disabilities.
A central element of the discussion was that human rights violations as a result of criminal proceedings involve the failure of a range of actors — including judges, prosecutors, police officers and other justice actors, but also of psychiatrists and social services — to understand and apply international human rights standards. In this regard, participants highlighted, inter alia, the lack of knowledge and application of the Convention on the Rights of Persons with Disabilities and of the jurisprudence of the UN Committee on the Rights of Persons with Disabilities in relation to access to justice for persons with disabilities. As a result, persons with disabilities in Latin America, and particularly those with psychosocial disabilities, face serious obstacles in exercising their right to legal capacity in the context of criminal proceedings.
Participants committed to a common agenda for joint advocacy, including through the provision of workshops to justice actors, such as judges, in Latin America. In particular, more in-depth knowledge of international human rights law and standards in the criminal justice context, as well as disability rights, is needed.
Contacts:
Rocío Quintero M, ICJ Legal Adviser for the Latin America Programme, e: rocio.quintero@icj.org
Timothy Fish Hodgson, ICJ Senior Legal Adviser, Economic, Social and Cultural Rights, e: timothy.hodgson@icj.org
Sep 15, 2023 | Advocacy, News
The ICJ welcomes the last report of Mr. Fabian Salvioli as he ends his 6-year tenure as the UN Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence. The report, presented to the UN Human Rights Council (HRC) on 14 September 2023, compiles and analyses existing international standards under the five pillars of transitional justice: truth, justice, reparation, memorialization and guarantees of non-recurrence.
