Sep 28, 2020 | Events, News
Join this panel discussion with ICJ, the Tahrir Institute, and the UN Special Rapporteur on human rights defenders, Wednesday 30 September 2020, 13:00.
Targeting the Last Line of Defense:
Egypt’s attacks against lawyers
A Virtual Side Event to the Human Rights Council 45th Session
Wednesday 30 September 2020, 13:00 – 14:30 (Geneva time)
The International Commission of Jurists (ICJ) and the Tahrir Institute for Middle East Policy (TIMEP) cordially invite you to join this online side event, including the UN Special Rapporteur on human rights defenders, this coming Wednesday.
The ICJ and TIMEP will present their joint report Targeting the last line of defense: Egypt’s attacks against lawyers. The report documents systematic targeting of lawyers through arbitrary arrests and detention, physical assaults, torture and enforced disappearances, as well as politicized criminal proceedings under counter-terrorism and other overbroad laws.
In the report, the ICJ and TIMEP call on the Egyptian authorities to immediately end their crackdown on lawyers and to unconditionally release all lawyers who are detained or convicted solely on the basis of the peaceful exercise of their human rights and/or the legitimate discharge of their professional duties.
Speakers:
- Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders
- Saïd Benarbia, International Commission of Jurists
- Mai El-Sadany, The Tahrir Institute for Middle East Policy
Register for the event here:
https://attendee.gotowebinar.com/register/8432589390374705675.
For more information contact: un(a)icj.org
Sep 22, 2020 | Advocacy, News
States should help pave the way towards credible accountability and redress for the people of Yemen by renewing and strengthening international investigations into war crimes, other serious violations of international humanitarian law, and grave human rights abuses during this 45th Session of the HRC, the ICJ and 23 other organizations said today.
Yemen is suffering from an “acute accountability gap,” according to the UN Group of Eminent Experts (GEE) on Yemen, which released its third report on September 9, 2020.
With COVID-19 threatening the lives and livelihoods of millions across Yemen, peace talks floundering, and airstrikes, shelling and attacks impacting civilians once again increasing, the reality for millions of Yemeni civilians is growing ever more bleak.
This session, the Human Rights Council has the opportunity to pave the way towards credible accountability and redress for victims and survivors in Yemen.
People in Yemen have experienced grave abuses since the conflict began in 2014, when Ansar Allah (the Houthi armed group) and military units loyal to former president Ali Abdullah Saleh took control of the capital, Sana’a, and escalated in 2015 when the Saudi/UAE-led coalition militarily intervened on the side of the Yemeni government.
With the conflict in its sixth year, millions of Yemenis are without adequate food, water, shelter or healthcare. The parties to the conflict impede the flow of life-saving goods into and around the country, attack critical infrastructure, and misdirect goods and their revenues to their own coffers and loyalists.
Thousands of civilians have been killed, wounded and otherwise harmed by airstrikes that violate international humanitarian law, indiscriminate shelling and the use of banned anti-personnel landmines.
The societal fabric has torn, with expression, speech, peaceful protest and movement increasingly restricted, and political and other identity-based divisions weaponized by those in power.
The human rights and humanitarian catastrophe in Yemen is man-made, and was avoidable. The parties to the conflict continue to hold the vast majority of power in and over Yemen.
For Yemen’s trajectory to change, the behavior of the parties to the conflict and their backers needs to change. As of September 2020, perpetrators have gone unpunished, states responsible for violations have faced no real consequences, parties have rarely acknowledged fault or taken measures to protect civilians, suppliers keep the arms used for international humanitarian law violations, and victims have been denied justice and redress.
In 2017, the Council established the GEE to report on violations of international law in Yemen and, where possible, to identify those responsible. The Council renewed the GEE’s mandate in 2018 and 2019, despite opposition from the Saudi/UAE-led coalition.
In its third report, the UN experts found the international community “can and should” do more to “help bridge the acute accountability gap” in Yemen.
The experts provided a list of specific recommendations, including for the Security Council to refer the situation in Yemen to the International Criminal Court and to expand the list of persons subject to Security Council sanctions.
The GEE supported the establishment of an investigative body, similar to the International, Impartial and Independent Mechanism for Syria, and specifically called on the Council to ensure the situation of human rights in Yemen remains on its agenda, including by ensuring adequate resources are provided to the GEE for the collection, preservation and analysis of information related to violations and crimes.
In the longer term, the Group encouraged “further dialogue about the creation of a special tribunal such as a ‘hybrid tribunal’ to prosecute cases of those most responsible,” reiterated the importance of victims’ right to a remedy, including reparations, and called for human rights to be “at the heart of any future peace negotiations,” including that “no steps are taken that would undermine respect for human rights and accountability, such as granting blanket amnesties.” 2
The GEE also reiterated concerns that states supplying arms to parties to the conflict, including to Saudi Arabia and the UAE, may be violating their obligations under the Arms Trade Treaty, and that this support may amount to aiding and assisting internationally wrongful acts.
Today, 24 Yemeni, regional, and international civil society organizations, including the ICJ, came together to call on the Council to endorse the GEE’s report, including its findings on accountability, and to take concrete steps this Council session to pave the way towards credible justice for Yemen.
The 24 organizations are calling on the Council to renew and strengthen the GEE’s mandate this September, including to collect, consolidate, preserve and analyze evidence related to, and clarify responsibility for, the most serious crimes under international law and violations of international law committed in Yemen since 2014.
The organizations are also calling on the Council to task the GEE with issuing a special report advising states on practical steps they can take to help ensure justice and redress for the tens of thousands of Yemeni civilians unlawfully harmed by the warring parties throughout this conflict.
Aug 11, 2020 | News
The ICJ is concerned at reports that on 8 and 9 August, Lebanese security forces, including Internal Security Force (ISF) units, parliamentary police and the army, employed excessive and unlawful force against hundreds of protestors, resulting in the injury of more than 700 people and dozens of hospitalizations.
The ICJ called on the Lebanese authorities to protect the rights to freedom of peaceful assembly and expression and refrain from using excessive and unlawful force against protestors demanding justice for the 4 August explosions in Beirut’s port district.
The explosions devastated the city’s infrastructure and resulted in the death, injury and internal displacement of large numbers of its inhabitants.
The ICJ stressed that credible allegations of excessive and unlawful use of force in the context of the protests must be promptly, thoroughly and impartially investigated and those responsible must be held to account.
According to information available to the ICJ, at least 14 journalists and media personnel covering the protests were among the wounded.
According to reports, a policeman also died after falling down an elevator shaft while being chased by protesters. While there were reports that some demonstrators threw rocks and firecrackers at security forces, reports also indicate that the security forces’ response was indiscriminate and, in some instances, excessive.
“Many protestors in Lebanon continue to be met with excessive and unlawful force by security agencies, telling the same grim story of how the Lebanese authorities habitually respond to unwelcome political expression and the grievances of the Lebanese public,” said Kate Vigneswaran, the ICJ’s Middle East and North Africa Programme Senior Legal Adviser.
“The people of Beirut have the right to peacefully express their outrage, at alleged official malfeasance that apparently contributed to last week’s tragic devastation, and to expect security forces will comply with the law,” she added.
Information from ICJ interviews with three protestors, and substantiated by reports by multiple media and news agencies, reveal that security forces fired large quantities of tear gas, in addition to rubber bullets, at protestors in several locations in central Beirut, including a gathering of at least 10,000 people including children at Martyr’s Square and those who occupied Parliamentary and ministerial buildings.
Reports also indicate that live ammunition was fired by security forces during the protests, namely birdshot.
A protestor interviewed by the ICJ stated that he was shot in the arm by a rubber bullet and in the leg by a pellet gun, the latter lodging shrapnel into various parts of his body.
Social media reports reveal that some protestors were shot in the face and eyes with rubber bullets. The ISF has denied using rubber bullets.
According to another protestor, government loyalists attacked her in the presence of ISF officers and the army as she filmed scenes outside the American University Hospital, threatening her with violence and by breaking her mobile phone.
Similar reports of security forces indiscriminately beating and harassing protesters have surfaced on social media platforms.
International law, governing the use of force by law enforcement officers, which is binding on Lebanon, mandates that force is only permissible as a last resort for the sole purpose of protecting life or preventing serious injury from an imminent threat, if strictly necessary and only to the extent necessary for the performance of their duty.
All use of force must be discriminate and proportionate to the threat of harm.
The ICJ has called for a prompt, transparent, independent and impartial investigation into the 4 August explosions by a special, independent mechanism, given the documented lack of independence in certain parts of the Lebanese judiciary, which was echoed by other human rights organizations and members of the international community.
Lebanon’s President dismissed the call as “a waste of time” and instead urged the Lebanese judiciary to act swiftly to probe the incident.
Prime Minister Hassan Diab announced his cabinet’s resignation on Monday following widespread calls for the political establishment to resign from their posts following the explosion. Nine members of Parliament, two government Ministers and the Lebanese Ambassador to Jordan had also resigned from their posts over the weekend.
“The explosions were devastating for the people of Beirut, resulting not only in the loss of life and massive injuries, but severe curtailment of their rights to housing and health and their other socio-economic rights,” said Vigneswaran.
“Based on the response of the Lebanese authorities thus far, and given their poor track record in pursuing and realizing accountability, it is clear that there is an urgent need for a proper accountability mechanism to investigate the explosions and respond to victims’ demands and calls for justice. A change in government is not enough,” she added.
Contact
Kate Vigneswaran, Senior Legal Adviser, ICJ Middle East and North Africa Programme, t: +31-62-489-4664; e: kate.vigneswaran(a)icj.org
Download
Full story with additional information: Lebanon-Protests-News-Press releases-2020-ENG
Arabic version: Lebanon-Protests-News-Press releases-2020-ARA
Photo Credit: Aya Nehme
Aug 7, 2020 | News
The ICJ deplores the explosion at Beirut’s port district on 4 August 2020 that caused a large number of fatalities and casualties and calls for the prompt establishment of a special, independent, impartial and transparent mechanism to investigate the devastating blast with a view to ensuring accountability and redress for the victims.
The shockwave from the blast rippled across Lebanon’s capital, killing at least 157 people and injuring some 5,000 others, according to latest figures. The death toll is expected to rise as emergency services continue to search for dozens of missing persons under the debris of destroyed buildings. The Governor of Beirut estimates that the widespread destruction caused by the explosion has left some 300,000 people without shelter after their homes were rendered uninhabitable.
“Tuesday’s explosion has immeasurably compounded the suffering of a society already reeling from political unrest, prolonged economic mismanagement and a surge in COVID-19 cases,” said Said Benarbia, Director of the ICJ’s Middle East and North Africa Programme.
“Given the Lebanese legal system’s politicization and lack of independence and accountability, Lebanon should work with the United Nations to establish a special, independent mechanism to carry out the investigation in line with international law and standards with a view to establishing the facts, making recommendations for appropriate accountability measures, including criminal prosecutions if warranted, and for preventing such a catastrophe from happening again.”
According to international human rights law and standards, and specifically the Minnesota Protocol on the Investigation of Potentially Unlawful Death, the probe into the explosion must be prompt, thorough, independent, impartial and transparent.
While the Lebanese authorities have pledged to conduct a “transparent investigation” into the blast and mete out “severe punishment” to those responsible, given the Lebanese justice system’s systemic flaws and shortcomings, the persistent allegations of corruption, and a long-entrenched culture of impunity and de facto immunity of the country’s political leadership, the ICJ considers that the Lebanese authorities would not be capable of conducting such an investigation in a manner compatible with international human rights law and standards. The organization has extensively documented how improper executive influence and interference have continued to undermine the independence of the Office of the Public Prosecutor and of Lebanon’s judiciary. As a result, allegations of political corruption, chronic mismanagement and systematic abuses of power have not been investigated and have therefore gone unpunished over the years, eventually fuelling the 2019-2020 popular uprising against the government and the political system.
The ICJ has called on the Lebanese authorities to introduce and implement extensive legal and policy reforms to strengthen judicial independence and accountability in the country. None of these reforms have materialized.
“The independent mechanism should have a mandate to establish the truth, provide adequate, effective and prompt redress and reparation to the victims for the harm suffered, including through the award of compensation, and by ensuring that those responsible are held to account,” Benarbia concluded.
The ICJ further calls on the international community to support the establishment of such a mechanism.
The international community should also provide humanitarian aid and facilitate its delivery within the country ensuring that it reaches first the most in need and vulnerable among the population as they struggle to access healthcare, shelter, food and water.
The Lebanese authorities must be transparent and ensure the right of each individual to receive the necessary information on the potential health risks in the aftermath of the explosion, including as result of exposure to toxic fumes. Consistent with their obligations under international human rights law and standards to guarantee the rights to life and health, the Lebanese authorities must also take all necessary measures to prevent people from suffering additional harm.
Thus far, a number of Beirut port officials have been placed under house arrest pending the Lebanese authorities’ investigation into the explosion. With respect to this, the ICJ calls on the authorities to ensure due process and fair trial guarantees to persons deprived of their liberty who may eventually be charged with criminal offences.
Background information
President Michel Aoun and Prime Minister Hassan Diab have linked the blast to a stockpile of approximately 2,750 tons of ammonium nitrate, which had been stored in a waterfront warehouse at Beirut’s Port district for at least six years. The circumstances surrounding the ignition of the highly combustible material, however, remain unclear.
Furthermore, reports indicate that customs officials overseeing the ammonium nitrate’s storage at the warehouse contacted Lebanese officials, including members of the judiciary, on multiple occasions to alert them to the danger posed by such storage and to seek guidance on how to deal with it, but their repeated calls were ignored.
The explosion strikes Lebanon as it grapples with multiple crises, including the COVID-19 pandemic, and against the backdrop of an ongoing popular protest movement against rampant corruption, dysfunctional institutions and sectarian power structures, in addition to an acute State-induced socio-economic crisis that has eroded living standards and left many destitute and literally hunger-stricken. Successive governments and legislative authorities have consistently failed to effectively address these hardships and institute comprehensive and necessary reforms.
Contact
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41 22 979 38 17; e: said.benarbia(a)icj.org.
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English (PDF)
Arabic (PDF)
Jul 24, 2020 | News
The ICJ urges Israel to repeal or amend the “Great Coronavirus Law” adopted on 23 July. In the context of concerns about the emergency measures taken in recent months, the Law restricts parliamentary oversight of measures to address the COVID-19 pandemic in a manner that could undermine human rights protection and the rule of law.
The Law would enter into force on 10 August, replacing a “placeholder” law adopted by the Knesset (Israel’s parliament) earlier in July that currently gives even wider powers to the executive government but will expire on that date.
Under the new Law, the executive government has authority to declare COVID-19-related states of emergency for 60 days at a time until 30 June 2021, although the Knesset retains the power to revoke any such state of emergency.
Once a state of emergency is in place, the Law accords the Government the power to adopt “emergency regulations” for renewable periods of 28 or 14 days, depending on the type of restrictions envisaged.
The ability of Knesset committees to reverse such “emergency regulations” is significantly restricted under the Law.
As the ICJ highlighted in a briefing paper, “emergency regulations” already adopted since March 2020, and continued under the “placeholder” law, have failed in many respects to comply with international law and standards on the declaration of a state of emergency and related formal and substantive requirements under article 4 of the the International Covenant on Civil and Political Rights (ICCPR); the protection of the right to privacy with regard to the “tracking programme” of Israeli citizens; and respect for detainees’ rights to independent legal counsel and to family visits.
“The emergency powers legislation significantly weakens the ordinary role of the Parliament and risks paving the way for further arbitrary restrictions on human rights beyond those already seen in the regulations adopted to date,” said Said Benarbia, the ICJ’s MENA Programme Director.
“The Law should be repealed or amended to ensure effective oversight by Parliament over all emergency measures.”
Since March 2020, the Israeli Government has adopted a number of “emergency regulations” with the purported aim of tackling the COVID-19 pandemic.
“Respecting international law while tackling the COVID-19 pandemic is not optional, Israel must handle the pandemic in a way that guarantees the full enjoyment of human rights,” Benarbia added.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Jun 23, 2020 | News
The ICJ welcomes the establishment of a Fact-Finding Mission (FFM) for Libya by the UN Human Rights Council (HRC) at its 43rd session yesterday.
The resolution, titled “Technical assistance and capacity-building to improve human rights in Libya,” mandates the FFM to investigate and preserve evidence of violations of international human rights law and international humanitarian law committed by all parties in Libya since the beginning of 2016, with a view to ensuring that perpetrators be held to account.
“This is a long overdue step in the pursuit of accountability in Libya,” said Said Benarbia, the ICJ’s MENA Programme Director.
“While parties to the conflict have escalated hostilities in recent years and Libyans have been increasingly subject to egregious violations of their rights, States have continued to prioritize politics over justice. The establishment of the FFM is a sign that international actors finally recognize accountability is necessary to end the scourge of violence in the country.”
The FFM is required to submit its written report to the HRC at the 46th session in February-March 2021, giving the FFM only nine months to carry out its work despite the ongoing imposition of COVID-19 measures that will impact its operations.
Given the FFM’s short operational period, the UN High Commissioner for Human Rights will have to move rapidly to appoint FFM experts and staff, allocate adequate resources and dispatch the mission. Staff appointed to the FFM should include experts in the investigation of sexual and gender-based violence crimes and the collection of evidence to a criminal standard.
“It’s imperative that the High Commissioner move quickly to dispatch this mission if it is to have any prospect of examining the full range of violations and abuses being committed across Libya,” said Kate Vigneswaran, the ICJ’s MENA Programme Senior Legal Adviser.
“The OHCHR should ensure the FFM has the full complement of skills and expertise to most effectively investigate crimes being committed in Libya, particularly the widespread sexual violence being perpetrated on women, girls, men and boys.”
The Government of National Accord, the Libyan Arab Armed Forces and all other parties to the conflict should fully cooperate with the FFM, including by granting access to the territories and population over which they have control, where possible in the context of COVID-19.
Other States, in particular those supporting Libyan actors in the ongoing conflict, should also provide full cooperation.
“The cooperation of both national and international actors is necessary for the FFM to engage with victims and preserve evidence, key components of its mandate,” Kate Vigneswaran added.
“While other international investigative mechanisms have shown it’s possible to carry out effective investigations without access to the affected territory, if Libyan actors are truly committed to the populations they assert they serve, they should be facilitating access to all forms of justice, whether national or international.”
The FFM will complement the work of the International Criminal Court in Libya, which has outstanding arrest warrants against Saif Al-Islam Gaddafi, Al-Tuhamy Mohamed Khaled and Mahmoud Mustafa Busayf Al-Werfalli.
The evidence preserved by the FFM may be used by the ICC, as well as States exercising universal jurisdiction, in their investigations and prosecutions.
Contact
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41 22 979 3817; e: said.benarbia(a)icj.org
Kate Vigneswaran, ICJ Senior Legal Adviser, t: +31 62 489 4664, e: kate.vigneswaran(a)icj.org, twitter: @KateVigneswaran
Background
Violations and abuses of international law, including unlawful killings and attacks on civilian objects, have continued unabated in the last few months. Most recently, on 11 June 2020, the UN Support Mission to Libya reported the discovery of at least eight mass graves, mainly in Tarhuna, in which the bodies of women and children were found. Reports further indicate that the Libyan Arab Armed Forces (LAAF), and their foreign allies, have laid anti-personnel landmines and other booby-traps in buildings as they withdrew from Tripoli, leading to causalities including among civilians returning to their homes after long periods of displacement. Reports of incidents involving “retributive crimes”, including the parading of corpses and looting of perceived opponents’ houses and public property, by GNA-affiliated armed groups have also surfaced.
The ICJ has repeatedly called on States to support the establishment of an international investigative mechanism for Libya, including in the interactive dialogue on the oral update by the High Commissioner for Human Rights on the Situation in Libya.
The draft of the resolution adopted yesterday was numbered A/HRC/43/L.40. The official adopted version will be published by the UN in the coming weeks.
