International Commission of Jurists
37th UN Human Rights Council: joint NGO end of session statement

37th UN Human Rights Council: joint NGO end of session statement

Mar 23, 2018 | Advocacy, Non-legal submissions

The ICJ today joined other NGOs in an end-of-session statement, reflecting on the 37th ordinary session of the UN Human Rights Council.

The statement was delivered by the International Service for Human Rights (ISHR) on behalf of:

  • The East and Horn of Africa Human Rights Defenders Project (DefendDefenders)
  • The Global Initiative for Economic, Social & Cultural Rights
  • CIVICUS
  • International Commission of Jurists
  • International Federation for Human Rights Leagues
  • Conectas Direitos Humanos
  • Human Rights House Foundation
  • Amnesty International
  • International Lesbian and Gay Association
  • Human Rights Watch
  • Asian Forum for Human Rights and Development (FORUM-ASIA).

The statement read as follows (text in italics was not read aloud for lack of time):

“Our organisations welcome the adoption of the resolution on the promotion and protection of human rights and the implementation of the 2030 Agenda for Sustainable Development, particularly in reaffirming that all approaches to development must comply with the State’s international human rights obligations.

We agree that “cooperation and dialogue” are important for the promotion and protection of human rights, and that States should fully cooperate with the Council and its mechanisms, and ensure that all stakeholders are able to cooperate and engage with them without fear of reprisals.

However, we must now be vigilant to ensure that the resolution on Mutually Beneficial Cooperation, lacking in balance, does not undermine other important parts of the Council’s mandate: to address human rights violations and respond promptly to human rights emergencies in specific countries.

The Council has failed to take meaningful action to address the alarming situation on the ground in Cambodia. We welcome and echo the joint statement on Cambodia by over 40 states calling for further action if the situation does not improve in the lead up to the elections and for a briefing by the High Commissioner before the next Council session. We are concerned by Cambodia’s attempt to shut down criticism under item 10 debate on the worsening human rights situation in the country, as they are doing domestically.

We are disappointed by the weak outcome on Libya. Given the gravity of the human rights situation on the ground and the lack of accountability for crimes under international law, the Council cannot justify the lack of a dedicated monitoring and reporting mechanism.

We welcome the co-sponsorship of the Myanmar resolution by groups of States from all regions, making a joint commitment to address the continuing human rights violations and crimes against humanity in the country and support for the Special Rapporteur and Fact-Finding Mission to fulfil its mandate to establish truth and ensure accountability for perpetrators.

We also welcome the renewal of the mandate of the Commission on Human Rights in South Sudan allowing it to continue its vital investigations and identification of perpetrators. These developments acknowledge the importance of accountability for serious human rights violations and crimes under international law, which cannot be understated.

We welcome the adoption of the resolution on drugs and human rights as the OHCHR report will provide human rights indicators related to the drug issue that would help in future policies.

We welcome the resolution on Eastern Ghouta adopted after an urgent debate, demonstrating how this Council can respond in an agile manner to crises.

Having long supported the resolution on “protection of human rights while countering terrorism”, we appreciate the efforts that led to the end of the separate and deeply flawed initiative on “effects of terrorism on the enjoyment of human rights“. Future versions of the resolution must address the relevant issues exclusively and comprehensively from the perspective of the effective protection of human rights.

We welcome the Dutch-led joint statement on strengthening the Council, emphasising the importance of substantive civil society participation in any initiative or process and that the Council must be accessible, effective and protective for human rights defenders and rights holders on the ground.

Finally, we call on the Bureau co-facilitators on improving the efficiency and strengthening the Council to closely engage with all Members and Observers of the Council, human rights defenders and civil society organisations not based in Geneva.”

Saif al Islam Gadhafi must be arrested and surrendered to the International Criminal Court

Saif al Islam Gadhafi must be arrested and surrendered to the International Criminal Court

Jul 7, 2016 | News

Following reports that Saif al Islam Gadhafi has been released from prison in Libya, the ICJ today called for him to be promptly arrested and surrendered to the International Criminal Court (ICC).

Saif al Islam Gadhafi was convicted by the Tripoli Criminal Court in July 2015 and sentenced, along with eight other former officials of the Moammar Gadhafi regime, to the death penalty.

At the time, the ICJ expressed its concern that the trial had not been fair, expressed its opposition to the death penalty, and called on the Libyan authorities to surrender Saif al Islam Gadhafi to the ICC.

In 2011, the ICC issued an arrest warrant for Gadhafi, who faces two counts of Crimes against Humanity including murder and persecution of civilians, allegedly conducted as part of an orchestrated campaign against demonstrators during the uprising in Libya in 2011.

Gadhafi was reportedly released from a prison in Zintan in April 2016, following instructions from the Minister of Justice to the city’s chief prosecutor. The instructions were reportedly based on a general amnesty law that was promulgated by the Libyan House of Representatives in August 2015.[1]

“Granting amnesty for crimes such as those for which Saif al Islam Gadhafi was allegedly responsible is totally incompatible with the rule of law, the right of victims to justice, and Libya’s international human rights obligations”, said Said Benarbia, Director of the MENA programme at the International Commission of Jurists.

“Instead of shielding him from accountability, the Libyan authorities should ensure that all those responsible for past and ongoing gross violations of international human rights law and serious violations of international humanitarian law are brought to justice in fair and effective criminal trials. A first step in this direction would be for the Libyan authorities to arrest Saif al Islam Gadhafi and surrender him to the ICC as a matter of urgency.”

The ICJ believes that impunity for gross human rights violations and war crimes, including impunity resulting from amnesties, is not conducive to peace, political stability and national reconciliation in Libya.

Indeed, such impunity may be perceived by those who continue to systematically violate rights and freedoms as a signal that they may never be criminally held to account.

At the same time, the ICJ absolutely opposes the death penalty, which it considers inherently to violate the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.

Gadhafi would not face the death penalty in any ICC trial.

Saif al Islam Gadhafi’s lawyer has reportedly indicated that he will argue to the ICC that it should drop its proceedings, on the basis of article 20 of the Statute of the ICC, which addresses the circumstances in which a person who has already been tried for certain conduct by another court, may subsequently be tried by the ICC.

The ICJ stresses that any hearing to consider such arguments should not in any way suspend Libya’s obligation immediately to implement the ICC arrest warrant and to surrender Saif al Islam Gadhafi to the ICC.

“Libya should comply with its obligations under international law and dismantle the structural impunity that continues to prevail in the country, including by putting an end to politicized judicial proceedings and ensuring that prosecutors carry out their functions independently, impartially, and in defence of human rights,” added Benarbia.

[1] Law No. 6 of 2015

Contact

Doireann Ansbro, Associate Legal Adviser, ICJ Middle East and North Africa Programme, t: +216 71 841 701, e: doireann.ansbro(a)icj.org

Libya-Saif al Islam Gadhafi-News-Press Releases-2016-ARA (full press release in Arabic, PDF)

Libya: joint statement on UN investigation mission and need for accountability

Libya: joint statement on UN investigation mission and need for accountability

Mar 23, 2016 | Advocacy, Non-legal submissions

The ICJ today joined other NGOs in an oral statement to the UN Human Rights Council on the findings of the report of the OHCHR investigation mission on Libya.

It includes that violations of international law taking place throughout Libya “may amount to war crimes and other international crimes under international law.”

The statement continued as follows:

All sides to the conflict in Libya continue to perpetrate grave human rights violations and abuses. As highlighted by the UN High Commissioner for Human Rights, these violations continue to take place with “complete impunity” amid the collapse of the domestic justice system.

Unless genuine accountability is provided for these ongoing crimes the cycle of violence in Libya will continue, and the peace process will likely become no more than a well-intentioned piece of paper.

In this context, this Council has a duty to remain seized of the human rights situation in Libya, ensure continued monitoring of the situation and act to strengthen international accountability for crimes committed in Libya if the national system remains incapable of fulfilling this role. We are deeply concerned that the current resolution before this Council falls short of that standard.

Additionally, all UN member states should ensure that the International Criminal Court has the capacity to fulfill the mandate provided to it by the Security Council and begin fully fledged investigations into past and ongoing crimes committed in Libya.

As highlighted by civil society in a letter to this Council: “It is critical that all parties to the conflict are put on notice that their actions are being monitored and that accountability for serious crimes is a real prospect rather than an empty threat. Failure to do so will likely embolden those committing violations of international human rights and humanitarian law and will reinforce the endless cycle of impunity” in Libya.

The statement was on behalf of Cairo Institute for Human Rights Studies, CIVICUS, Human Rights Watch, International Commission of Jurists, FIDH, and OMCT.

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