Nov 5, 2019 | News
Today, the ICJ called on the Israeli Government to reverse its decision to deport Omar Shakir, the Human Rights Watch (HRW) Israel and Palestine Director, and ensure that he, HRW, and other human rights defenders are able to carry out their human rights work without intimidation.
The ICJ fears that the decision will have a chilling effect on human rights defenders in the country, who the Israeli authorities are bound to protect and not intimidate or persecute.
The deportation decision is based on a 2017 amendment to the “Entry into Israel Law”, which allows authorities to deny foreigners a permit for entry to and residence in Israel “if he or she, or the organization or the body for which he or she operates, has knowingly published a public call to engage in a boycott against the State of Israel or has made a commitment to participate in such a boycott.”
An appeal against the deportation decision was rejected by the Jerusalem District Court in April 2019, and by Israel’s Supreme Court today.
Israel’s Supreme Court seems to have accepted the Government’s claim that Shakir’s work at HRW, which entailed calling on businesses to cease operating in Israeli settlements in the West Bank, as required by international law, constitutes a call for the boycott of Israel.
The ICJ noted that the move to deport Omar Shakir constitutes an unjustifiable infringement on his right to freedom of expression, guaranteed by article 19 of the International Covenant on Civil and Political Rights. As a State party to the Covenant, Israel has an obligation to respect and protect this right.
The Human Rights Committee already expressed its concern with regard to Israel’s anti-boycott legislation and called on the Israeli authorities to “ensure that individuals fully enjoy their rights to freedom of expression and association and that any restrictions on the exercise of such rights comply with the strict requirements of article 19.”
The deportation would also contravene the UN Declaration on Human Rights Defenders, which affirms the duty of States to promote and facilitate the work of human rights defenders, while scrupulously protecting their fundamental freedoms.
Oct 25, 2019 | News
Today the ICJ condemned the response of Lebanese security forces to predominantly peaceful protests that erupted across Lebanon on 17 October following the government’s attempt to introduce a daily tariff on voice calls made through applications such as WhatsApp.
The ICJ called on the Lebanese authorities to respect and protect the right of protestors to peaceful assembly and freedom of expression; to refrain from using unlawful force to disperse protests and ill-treatment of protestors and; to effectively investigate and ensure accountability for any abuses committed in connection with the protests.
Security forces in Lebanon have employed excessive and unlawful force against protestors, amid nationwide dissent over Lebanon’s worsening economic crisis.
NGOs and video footage circulating on news and social media platforms document a number of disproportionate measures used to disperse crowds and quell the unprecedented protests, including by firing tear gas, beating protestors and forcefully removing them from their peaceful sit-ins.
“The Lebanese authorities must ensure the effective investigation and prosecution of all abuses committed in the context of these protests by State or Non-state actors, including the arbitrary use of force, arrests and ill-treatment,” said Said Benarbia.
With respect to the use of force, the Lebanese authorities are bound by international law and standards, which stipulate that the use of force by law enforcement officials is only permissible when it is a last resort, is strictly necessary and is used to the extent required for the performance of their duty.
Attacks by armed groups affiliated with the Amal Movement and Hezbollah have also been reported by local organizations and media.
At least 15 protesters were injured in Nabatieh and six persons in Riad al-Solh and admitted to hospital. Additional violent attacks on protesters, allegedly attributed to the Amal Movement, also took place in the city of Soor.
Background
The protests purportedly broke out in response to years of rampant corruption, unemployment and poverty.
By 18 October, protests were characterized by calls to oust governmental authorities perceived as Lebanon’s ruling elite, including the president, government and legislative authority, and fundamental change to the sectarian political system.
In an attempt to diffuse the increasingly tense situation and appease protestors, Prime Minister Saad Hariri announced the adoption of a raft of economic reforms on 21 October.
Anti-government protests however, which have now entered their ninth consecutive day, have gained considerable momentum.
Lebanon is a party to the International Covenant on Civil and Political Rights and the Arab Charter on Human Rights. Both of these treaties require the State to guarantee and protect the rights to freedom expression and freedom of assembly and freedom from torture and other cruel, inhuman or degrading treatment or punishment, including through the unlawful use of force.
Lebanon-Protests-News-web story (story in Arabic, PDF)
Oct 21, 2019 | News
The ICJ has condemned the arbitrary arrest of at least 186 individuals – 24 of whom are still detained solely for their opinions publicly expressed against the Turkish intervention in northern Syria. The ICJ calls for their immediate and unconditional release and for all charges against them to be dropped.
At least 186 individuals had been arrested by Turkish authorities by 16 October after publicly criticizing Turkey’s military intervention in northern Syria.
They are accused of “provoking the public to hatred and animosity”, “carrying out propaganda for a terrorist organization” and “openly degrading the State of the Republic of Turkey” as prohibited by Articles 216, 220, 301 and 314 of the Turkish Penal Code and Article 7/2 of Prevention of Terrorism Law. Further such arrests are reportedly continuing.
Moreover, an investigation was launched against Istanbul MP Sezgin Tanrıkulu, a member of the main opposition Republican People’s Party (CHP), due to his social media messages and statements. HDP co-chairs and MPs were also investigated over “terrorism links” for their statements on the Peace Spring Operation.
“The Turkish Penal Code and Prevention of Terrorism Law in particular with their overly broad definition of terrorism, place excessively restrictive limitations on the exercise of the right to freedom of expression protected under Article 26 of the Turkish Constitution and give law-enforcement bodies sweeping powers to proceed to arbitrary arrests,” said Massimo Frigo, Senior Legal Adviser of the ICJ Europe and Central Asia Programme.
The ICJ is concerned that these arrests have been undertaken in contravention of the right to freedom of expression under article 19 of the International Covenant on Civil and Political Rights (ICCPR) and article 10 of the European Convention on Human Rights (ECHR), treaties to which Turkey is party.
In particular, these restrictions do not appear to be necessary in a democratic society and proportionate, as required by international law.
Detention ordered in breach of these rights is also inherently arbitrary and therefore not in line with Turkey’s obligations to respect the right to liberty under Article 9 ICCPR and Article 5 ECHR.
“These prosecutions violate the Turkish Constitution and international law and should be immediately dropped”, said Massimo Frigo.
“As a priority identified in its Judicial Reform Strategy, Turkey must also quickly abrogate these criminal provisions that cause undue and arbitrary restrictions on freedom of expression,” he added.
The ICJ recalled that the Venice Commission, in its 2016 report, concluded that the provisions of the Turkish Penal Code under which they are charged “provide for excessive sanctions and have been applied too widely, penalizing conduct protected” under international human rights law.
Similar issues were identified last July by Turkey’s Constitutional Court regarding prosecution for terrorism propaganda, of signatories of a petition calling for peace (the “Academics for Peace” petition) in the southeastern part of the country.
The Constitutional Court ruled that the criminal proceedings violated the right to freedom of expression safeguarded by Article 26 of the Turkish Constitution.
Contact:
Róisín Pillay, Director, ICJ Europe Programme, t +32 476 974263; e roisin.pillay(a)icj.org
Oct 15, 2019 | News
Today, ICJ called on Turkey to comply with its obligations under the UN Charter, international humanitarian law and international human rights law, immediately end its military operations in Syria, and protect and ensure the protection of the Syrian civilian population.
The ICJ also reiterated its call on all parties to the Syrian conflict to respect and comply with international humanitarian law and international human rights law.
On October 9, Turkey initiated operation “Peace Spring” in Rojava, the Kurdish-led Syrian Democratic Forces (SDF)-held territory in north-east Syria, with the stated aim of securing Turkey’s border, “fighting terrorism” and facilitating the return of refugees to Syria. Turkey claimed to be acting pursuant to its right to self-defence under article 51 of the UN Charter, as well as UN Security Council resolutions on the fight against terrorism.
The ICJ recalled that none of these UN Security Council resolutions authorizes the use of armed force in violation of international law, and that the UN Charter prohibits the use of armed force by States, save when authorized by the UN Security Council or in self-defence.
Use of force in self-defence is lawful only when necessary to repel an armed attack and when proportionate to such attack. Military operations failing to abide by such requirements are in breach of the UN Charter.
“Turkey’s military operations violate the UN Charter and exemplify how the banalization of the illegal use of armed force continues to erode and dismantle the very fabric of the international legal order,” said Said Benarbia, the ICJ MENA Programme Director.
He added, “Instead of standing by while international law is being violated, the UN Security Council must take swift, appropriate measures to address the situation and to restore and maintain international peace and security.”
While UN Security Council member States have failed to find an agreement on even a statement on Turkey’s military operations in Syria, Turkish military operations continue to have a devastating impact on the general population, including multiple civilian casualties, attacks against civilian objects, including medical facilities and water supplies and infrastructure, and the displacement of more than 150,000 people, mainly civilians.
Turkish forces and the Turkish-backed armed groups have allegedly been responsible for violations of international humanitarian law and international human rights law. Members of one of these groups, the Ahrar Al-Sharqiya, have been accused of the extrajudicial execution of at least nine civilians, among whom is Kurdish politician and women’s rights activist Harvin Khalaf; torture and other ill-treatment; kidnapping; and looting and seizure of private property.
Turkey’s Defence Ministry said 595 “terrorists” were “neutralized” since the start of “Peace Spring.”
Under international humanitarian law, parties to an armed conflict must respect and protect the civilian population, and refrain from any direct, indiscriminate or disproportionate attack against civilians and civilian objects. International human rights law also continues to apply during the conflict.
“Turkish authorities must investigate and prosecute unlawful killings committed in the context of operation “Peace Spring,” including extrajudicial executions amounting to war crimes,” Benarbia said.
He added, “If no action is taken by these authorities, States must act, collectively and individually, to hold to account all those responsible for such crimes.”
Contact
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Syria-Turkey operations-News-Press releases-2019-ARA (Arabic version, in PDF)
Syria-Turkey operations-News-Press releases-2019-TUR (Turkish version, in PDF)
Oct 4, 2019 | News
The ICJ today called on the Egyptian authorities to immediately release all lawyers arrested for discharging their professional functions, and ensure they and other lawyers in the country are allowed to perform their work without threats or intimidation.
The Egyptian authorities have arrested more than 2400 people over the past two weeks following anti-government protests.
Many of the detainees’ lawyers have themselves been arrested, including Mahienour Al-Massry, Sahar Ali, Mohamed Salah Ajaj, Mohamed Al-Baqer (photo), Mohamed Helmy Hamdoun, Ahmed Sarhan, and Ahmed Abd El-Azim.
On 29 September, while representing prominent human rights defender Alaa Abdelafttah during questioning before the State Security Prosecution, lawyer Mohamed Al-Baqer was arrested and charged with, among other charges, “spreading false information aiming at disturbing the public and peaceful order” and “joining a terrorist organization.”
The ICJ has previously documented how lawyer Mahienour Al-Massry was arrested under similar circumstances, and called for her immediate release.
Mahienour was also charged with “spreading false information” and “joining a terrorist organization.”
“By arresting lawyers and prosecuting them on trumped-charges, the Egyptian military is dismantling the very last line of defense against its ruthless crackdown on human rights and fundamental freedoms, and silencing the very same voices that can still witness, challenge and report on its industrial-scale human rights abuses,” said Said Benarbia, ICJ MENA Director.
Under international standards reflecting core rule of law principles, lawyers must be able to discharge their professional functions without hindrance, harassment or improper interference.
They shall not suffer, or be threatened with prosecutions for any action taken in accordance with their professional duties.
The ICJ emphasized that these standards are there not only for the interests of the lawyers and those they represent or might in the future represent, but also to ensure that the rule of law remains operative for the society as a whole.
The Egyptian authorities must conform to these standards, refrain from its attacks against the legal profession, and immediately release all lawyers and other individuals arbitrarily detained.
Contact:
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Egypt-Attacks on Lawyers-News-web stories-2019-ARA (story in Arabic, PDF)
