ICJ submission to the UN Human Rights Committee on Tunisia

ICJ submission to the UN Human Rights Committee on Tunisia

The ICJ has made a submission to the UN Human Rights Committee in advance of its forthcoming examination of Tunisia’s sixth periodic report under the International Covenant on Civil and Political Rights (ICCPR).

In its submission, the ICJ highlights a number of ongoing concerns with respect to the country’s implementation of and compliance with the provisions of the ICCPR, including in relation to:

  • Tunisian authorities’ implementation of the transitional justice law, particularly on issues pertaining to criminal accountability for gross human rights violations;
  • Judicial independence and accountability, particularly on issues pertaining to the development of a Judicial Code of Ethics, and
  • Tunisia’s failure to establish a Constitutional Court.

The submission is relevant for the Committee’s evaluation of Tunisia’s implementation of the State’s obligations and related Covenant rights under articles 2, 3, 6, 7, 9, 14, 15, 16, 18, 19, 21, 22 and 26 of the ICCPR.

The Human Rights Committee will examine Tunisia’s sixth periodic report during its 128th session, which will be held in Geneva from 2 March to 27 March 2020.

Tunisia submitted its sixth periodic report to the Committee in June 2019 according to the approved simplified reporting procedure and in response to the list of issues identified by the UN Human Rights Committee in April 2018. Among these issues, the Committee requested Tunisia to provide information in relation to: the Constitutional and legal framework within which the Covenant is implemented; transitional justice; and the independence and impartiality of the judiciary.

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Tunisia-ICJ-Submission-UNHRC-Advocacy-Non-Legal-Submissions-2020-ENG (full submission, in PDF)

International community must wholly reject the US-proposed “Peace to Prosperity” plan for Israel and Palestine

International community must wholly reject the US-proposed “Peace to Prosperity” plan for Israel and Palestine

The “Peace to Prosperity” plan proposed by the United States, and developed in the absence of any meaningful engagement with Palestinian representatives, is not a serious means to solve the conflict between Israel and Palestinian, and all actors in the international community should reject it, the ICJ said today.

As presented, the Plan would pave the way for Israel to annex large portions of the occupied West Bank, including East Jerusalem, and deny the Palestinians the internationally protected right to self-determination as well as the right to return of Palestinians. In addition, it seeks to legitimize the acquisition of land by force, all in violation of international law and the UN Charter.

On 28 January 2020, US President Donald Trump publicly announced the plan at the Whitehouse in Washington, with Israeli Prime Minister Benjamin Netanyahu at his side.

“The US plan is a political stunt that patently disregards international law and how the rights of Palestinians are recognized and protected under international law,” said Said Benarbia, the ICJ’s MENA Programme Director.

The ICJ emphasized that any claims of sovereignty by Israel over parts of the West Bank, including East Jerusalem, based on this plan would be null, void and of no effect.

The text of the US plan inaccurately asserts that Israel has “valid legal and historical claims over the West Bank” and notes that “[t]he State of Israel and the United States do not believe the State of Israel is legally bound to provide the Palestinians with 100 percent of pre-1967 territory.”

This position runs counter to numerous applicable UN Security Council Resolutions, including Resolution 242, which required Israel’s complete withdrawal from the territory occupied in 1967.

“Any settlement to the conflict between Israel and Palestine must be consistent with international law, including international human rights law and international humanitarian law,” Benarbia added. “This requires negotiations on an equal footing between the parties, optimally with broad international engagement, not simply an intervention by a single State.”

Israeli settlements are established in violation of article 49(6) of the Fourth Geneva Convention, which prohibits the Occupying Power from transferring its own population into the occupied territory.

Their eventual incorporation into Israel would amount to unlawful annexation, in contravention of the prohibition of territorial acquisition by force established by the UN Charter and international law.

The US plan posits that “Jerusalem will remain the sovereign capital of the State of Israel,” apportioning to the State of Palestine the areas of the city beyond the separation barrier. It also denies the right to return of Palestinian refugees.

Effectively making Israel’s occupation of parts of the West Bank permanent, the US plan further provides that Israel will maintain “overriding security responsibility for the State of Palestine” and that the West Bank and Gaza should be fully demilitarized.

Contact

Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org

ICJ roundtable on impunity for crimes committed in Libya and implications for Europe

ICJ roundtable on impunity for crimes committed in Libya and implications for Europe

On 20 November 2019, the ICJ and Tineke Strik, Member of the European Parliament, hosted a roundtable discussion in Brussels on the ICJ’s report Accountability for Crimes under International Law in Libya: An Assessment of the Criminal Justice System.

Panelists called for the establishment of a Human Rights Council mandated Commission of Inquiry on Libya and for States to refrain from entering or implementing agreements that could give rise to support for or complicity in violations of international law.

They also called for the intensification of monitoring of Libyan Coast Guard operations and publication of its key findings, and for the European Commission to ensure its cooperation with Libyan authorities is conditional on meeting concrete, verifiable and timebound benchmarks.

At the launch, Said Benarbia and Kate Vigneswaran, MENA Programme Director and Senior Legal Adviser respectively, discussed the findings and recommendations of the ICJ’s report examining the criminal justice framework in Libya. The report finds that investigations and prosecutions of crimes under international law have been limited to a handful of cases, and substantial reforms to the legal framework are required to ensure fair and effective justice in future cases.

In light of the report’s findings, Marwa Mohammed, Head of Advocacy and Outreach for Lawyers for Justice in Libya, discussed the arbitrary detention of thousands of migrants, refugees and asylum seekers in Libya, systematic human rights violations and abuses being committed against them, and absence of options for protection, repatriation and return, including as a result of EU States’ policies.

Philippe Dam, Advocacy Director for Europe and Central Asia at Human Rights Watch, then discussed the engagement of the EU, European Commission and EU States with Libyan authorities, including in the context of violations and abuses committed against migrants, refugees and asylum seekers intercepted by the Libyan Coast Guard.

The panel was introduced by Karolina Babicka, Legal Advisor for the ICJ’s Europe and Central Asia Programme, and moderated by Tinneke Strik. It was attended by representatives of the European Commission, the EEAS, UNHCR, non-government organizations and independent persons

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