Malaysia: detentions without charges

Malaysia: detentions without charges

The ICJ has urged the government of Malaysia to bring to trial or release the 91 persons now detained under the Internal Security Act.

Under the Act persons can be detained without charge or trial for indefinite renewable 60 day periods.

The immunity of judges in Italy

The immunity of judges in Italy

Following the 8 November 1987 referendum abolishing the law limiting the civil responsibility of judges, the ICJ have urged the Italian authorities in drafting new legislation to respect UN standards of judicial independence.

In a letter to Mr. GIuliano Vassalli, Italian Minister of Justice, the two organisations drew attention to the U.N. Basic Principles on the Independence of the Judiciary, which the General Assembly has called on governments to respect and to take into account in their national legislation. The Principles provide that while a judge may be subject to appropriate disciplinary procedure for wrongful acts, and while an aggrieved individual may seek compensation from the state, “judges should enjoy personal immunity from civil suits for monetary damages for improper acts or omissions in the exercise of their judicial functions.”

The two organisations, which work with judges and lawyers worldwide to promote the Rule of Law and the independence of the judiciary, consider that the immunity of Judges from personal liability is an essential safeguard of judicial independence.

Crimes against humanity in Bangladesh

Crimes against humanity in Bangladesh

In April 1972, Niall MacDermot, Q.C, Secretary-General of the ICJ, paid a visit to Dacca with two objects in view. 

The first was to obtain further information for the study which the staff of the International Commission of Jurists was preparing on the events in East Pakistan in 1971.  The second was to seek to persuade the government of Bangladesh that, if, as stated, they were going to bring to trial senior Pakistani generals and officials on charges of war crimes and crimes against humanity, they should do so under international penal law before an international tribunal containing a majority of judges from neutral countries.

In order to explain why this was urged upon the Bangladesh government,the nature of the violations of human rights which occurred on both sides will be outlined briefly, followed by comments upon their implications under international penal law, before dealing with the trial procedures which the Commission suggested should be followed.

Reprinted from The International Lawyer, volume 7 number 2, of April 1973.

Bangladesh-crimes against humanity-1973-eng (full text in English, PDF)

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