Sep 16, 2019 | Events, News
The ICJ, together with the Netherlands, Finland and Swiss missions to Geneva, OHCHR and other NGOs invite you to a panel discussion on Advancing accountability for human rights violations and abuses in Libya at the UN Human Rights Council in Geneva.
The event takes place on Friday 20 September 2019, at 15:00 – 16:30, Room XXIII, in the Palais des Nations.
With the onset of armed conflicts in Tripoli and surroundings on April 4, 2019, human rights violations and abuses have become more entrenched in Libya. There is now an urgency to discuss appropriate means to strengthen the rule of law in Libya and break the cycle of impunity prevailing in the country. The United Nations Human Rights Council can play a vital role in this process by establishing an independent international investigation into violations and abuses of human rights in Libya with a view to future accountability.
The event will be opened by Geoffrey van Leeuwen, Director for Middle East of the Netherlands Ministry of Foreign Affairs, moderated by Bahey Eldin Hassan, Director of the Cairo Institute for Human Rights Studies, and feature:
–Elham Saudi, Director – Lawyers for Justice in Libya
–Ghassan Salamé, Special Representative of the Secretary-General & Head of the United Nations Support Mission in Libya – via video link
–Francesco Motta, Chief of OHCHR Asia, Pacific, Middle East & North Africa Branch
–Said Benarbia, Director of the Middle East & North Africa program, International Commission of Jurists
–Salah Al Marghani, Lawyer, human rights activist & former Minister of Justice for Libya
–Bruno Stagno Ugarte, Deputy Executive Director for Advocacy – Human Rights Watch
A flyer for the event is available here.
Sep 16, 2019 | Advocacy, Non-legal submissions
The ICJ today put the spotlight the increase and “normalisation” of enforce disappearances and abductions worldwide, with examples about Turkey, Egypt and Saudi Arabia, speaking at the UN Human Rights Council in Geneva.
The statement, made during the general debate, reads as follows:
The International Commission of Jurists (ICJ) shares concerns highlighted by the Working Group on Enforced and Involuntary Disappearances in its report (UN doc. A/HRC/42/40) at the “increasing use of extraterritorial abductions” and at the “normalization of these practices” globally. ICJ previously documented such practices in our 2017 report, Transnational Injustices.
The killing of Jamal Khashoggi by Saudi Arabia is an example of particular concern, as is the reported abduction, by Turkish authorities, of persons they claim to be linked to “terrorist organisations.” Several of these people, who later reappeared in Turkish prisons, are currently facing serious challenges in mounting a proper legal defence. Complaints of the families have not been properly investigated.
In Egypt, the National Security Agency (NSA) has been abducting and forcibly disappearing hundreds as a technique to suppress dissent. This year, the ICJ and Adalah reported on the disappearance of 138 detainees for between 10 to 219 days, many of whom were subjected to torture.
The ICJ urges the Council to address these worrying developments and calls on all countries:
- to stop all practices of enforced disappearance, abduction or informal international transfer;
- to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, and
- to provide to the victims of enforced disappearance and their families full access to their rights, including an effective remedy.
Jul 31, 2019 | News, Publications, Reports, Thematic reports
In a report released today on Libya’s criminal justice system, the ICJ said the United Nations, international actors and States must prioritize accountability for crimes under international law in their engagement with Libya.
This includes the establishment of a Commission of Inquiry or similar mechanism to document and report on gross human rights violations and to collect and preserve evidence of crimes for future criminal proceedings.
“The Libyan criminal justice system needs comprehensive reform to dismantle the structural impunity that prevails in the country,” said Said Benarbia, the ICJ’s MENA Programme Director.
“Rather than assuming the system is capable of ensuring justice for the egregious human rights violations and abuses still being perpetrated in Libya, international actors should establish a mechanism to monitor, report on and address these violations and prioritize human rights in any agreement with Libyan authorities,” he added.
The report Accountability for Serious Crimes under International Law in Libya: an Assessment of the Criminal Justice System finds that investigations and prosecutions of crimes under international law have been limited to a handful of cases and that future cases are unlikely meet international standards necessary to ensure fair and effective justice, in particular the rights to liberty and a fair trial and the prohibition on torture and ill-treatment.
Fragmentation in Libyan executive and legislative bodies, with the internationally recognized government unable to control significant parts of the territory, has weakened political structures and led to a precarious security situation that impedes the effective functioning of the judiciary, which has remained largely unified.
“Accountability efforts in Libya are hindered by cycles of violence, weak and ineffective law enforcement agencies, the arbitrary exercise of policing and detention powers by armed groups, and a web of amnesties, immunities and defences that shield perpetrators from justice,” said Kate Vigneswaran, the ICJ’s MENA Programme Senior Legal Adviser.
“Victims should not have to wait any longer for these obstacles to be removed and justice delivered. Peace and justice in Libya can only be achieved if the rule of law is fully established,” she added.
Since 2011, crimes under international law and other gross human rights violations, including torture and ill-treatment, enforced disappearance, enslavement and rape, have been committed by State and non-State actors on a widespread scale, including against thousands of migrants, refugees and asylum seekers arbitrarily detained.
“The recent upsurge in conflict and related commission of direct and indiscriminate attacks against civilians and mass displacement of the population makes tackling the climate of impunity vital for combating the commission of crimes,” said Benarbia.
To this end, States should fully support International Criminal Court efforts to conduct Libya-related investigations and prosecutions, including with a view to enforcing arrest warrants and bringing alleged perpetrators before the court for trial.
In her address to the Human Rights Council on 24 June, High Commissioner for Human Rights Michelle Bachelet stated that “Libya is not a port of safe return” and that “[t]he international community must come together to support pathways to sustainable peace in the country.”
Key recommendations for international actors, including UN bodies and States, include:
- The United Nations Human Rights Council should establish a Commission of Inquiry or similar mechanism, with a mandate to monitor, document, establish the facts and report on gross human rights violations in Libya, including with a view to collecting and preserving evidence of crimes under international law for future criminal proceedings before national or international courts;
- States should exercise universal jurisdiction to investigate and prosecute crimes under international law committed in Libya, including when the perpetrator is within their territory or otherwise under their jurisdiction;
- States should fully cooperate with and adequately resource the ICC to enhance its capacity to conduct its investigations and prosecutions, enforce related arrest warrants, and bring alleged perpetrators to account; and
- States and UN actors should refrain from entering into or implementing agreements with Libyan authorities, including in relation to the detention of migrants, refugees and asylum seekers and the provision of arms, where it is reasonably foreseeable that violations of rights under international law might occur.
Contact:
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Kate Vigneswaran, Senior Legal Adviser, ICJ Middle East and North Africa Programme, t: +31-62-489-4664; e: kate.vigneswaran(a)icj.org
Libya-Accountability report launch-News-Press releases-2019-ENG (full story, in English, PDF)
Libya-Accountability serious crimes-Publications-Reports-Thematic reports-2019-ENG (full report in English, PDF)
Libya-Accountability report launch-News-Press releases-2019-ARA (full story in Arabic, in PDF)
Libya-Accountability serious crimes-Publications-Reports-Thematic reports-2019-ARA (full report in Arabic, PDF)
Jul 12, 2019 | News, Publications, Reports
In a report published today, the ICJ called on the Lebanese authorities to prevent, address and ensure accountability for all forms of gender-based violence (GBV) against women and girls, including by adopting legislative, judicial and other appropriate measures.
The report Gender-based Violence in Lebanon: Inadequate Framework, Ineffective Remedies concludes that the persistence of GBV against women and girls in Lebanon is rooted in entrenched patriarchal norms and cultural stereotypes about the roles and responsibilities of women and men in society prevalent throughout the country, including within the judiciary and among other law enforcement officials.
Moreover, legal frameworks and ineffective procedures for the investigation, prosecution and adjudication of GBV fail to adequately protect women’s rights, the report says.
While steps taken by the Lebanese authorities to remedy some deficiencies in the legal framework are commendable, there is still a long way to go to dismantle the web of legal provisions, including in the Criminal Code, the Nationality Law and Personal Status Laws, which discriminate against women or fail to adequately protect their rights.
“Gender discrimination embedded in family laws and in practices is one root cause of violence against women and girls,” said Roberta Clarke, Chair of the ICJ’s Executive Committee.
“Discrimination and economic dependency act as barriers to women’s access to justice,” she added.
The ICJ is particularly concerned that discriminatory practices and bias against women continue to undermine criminal investigations and prosecutions in GBV cases.
“Lebanon should provide for gender-sensitive investigations and evidence-gathering procedures in order to enable women to report violence against them, and ensure that any case of gender-based violence is prosecuted effectively whenever warranted by the evidence, even where no formal complaint has been lodged or when a complaint is withdrawn,” said Kate Vigneswaran, Senior Legal Adviser for the ICJ’s Middle East and North Africa Programme.
Based on an analysis of 30 judicial decisions related to GBV cases and other research, the ICJ found that stereotyping by justice system actors results in direct and indirect discrimination against women.
This, in turn, greatly diminishes the chance that judges granting remedies are both free from biased assumptions and effective, thereby undermining the justice system’s impartiality.
“Judges must decide gender-based violence cases based on the law and facts of the case, rather than pre-conceived cultural beliefs and social stereotypes that are biased against women,” said Said Benarbia, ICJ MENA Director.
“Courts must not use ‘honour,’ ‘fit of fury’ and victim blaming to shield perpetrators of violence against women from accountability,” he added.
Contact:
Said Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia@icj.org
Kate Vigneswaran, Senior Legal Adviser, ICJ Middle East and North Africa Programme, t: +31-62-489-4664; e: kate.vigneswaran@icj.org
Additional information
This week, ICJ Commissioner Roberta Clarke led the delegation that met with Lebanese authorities and justice and civil society actors in Beirut to present the ICJ’s report and discuss its findings and recommendations.
The delegation met with Chief Justice Jean Fahed, President of the Lebanese Cassation Court and the High Judicial Council; Mrs. Claudine Aoun Roukoz, President of the National Commission for Lebanese Women; George Fiani, head of the Legal Aid Division of the Beirut Bar Association; representatives of the office of the Prime Minister and the office of the Minister of State for Economic Empowerment of Women and Youth; members of the Internal Security Forces; a member of the National Human Rights Institution; and representatives of civil society and the United Nations.
Lebanon-Gender Violence-Publications (full report, English, in PDF)
Lebanon-Gender Violence-Publications-ARA (full report, Arabic, in PDF)
Lebanon-GBVReport2 launch-News-Press releases-2019-ARA (full story, Arabic, in PDF)
Jul 12, 2019 | Advocacy, Non-legal submissions
The ICJ joined other NGOs in an end-of-session statement, highlighting the achievements and shortfalls of the 41st Ordinary Session of the UN Human Rights Council, 24 June – 12 July 2019.
The statement, delivered by International Service for Human Rights (ISHR), reads as follows:
By renewing the mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (SOGI), the Council has sent a clear message that violence and discrimination against people of diverse sexual orientations and gender identities cannot be tolerated. It reaffirmed that specific, sustained and systematic attention is needed to address these human rights violations and ensure that LGBT people can live a life of dignity. We welcome the Core Group’s commitment to engage in dialogue with all States, resulting in 50 original co-sponsors across all regions. However, we regret that some States have again attempted to prevent the Council from addressing discrimination and violence on the basis of SOGI.
The Council session also sent a clear message that Council membership comes with scrutiny by addressing the situations of Eritrea, the Philippines, China, Saudi Arabia and the Democratic Republic of Congo. This shows the potential the Council has to leverage its membership to become more effective and responsive to rights holders and victims.
The Council did the right thing by extending its monitoring of the situation in Eritrea. The onus is on the Eritrean Government to cooperate with Council mechanisms, including the Special Rapporteur, in line with its membership obligations.
We welcome the first Council resolution on the Philippines as an important first step towards justice and accountability. We urge the Council to closely follow this situation and be ready to follow up with additional action, if the situation does not improve or deteriorates further. We deeply regret that such a resolution was necessary, due to the continuation of serious violations and repeated refusal of the Philippines – despite its membership of the Council– to cooperate with existing mechanisms.
We deplore that Council members, such as the Philippines and Eritrea, sought to use their seats in this Council to seek to shield themselves from scrutiny, and those States[1] who stand with the authorities and perpetrators who continue to commit grave violations with impunity, rather than with the victims.
We welcome the written statement by 22 States on China expressing collective concern over widespread surveillance, restrictions to freedoms of religion and movement, and large-scale arbitrary detention of Uyghurs and other minorities in Xinjiang. We consider it as a first step towards sustained Council attention and in the absence of progress look to those governments that have signed this letter to follow up at the September session with a resolution calling for China to allow access to the region to independent human rights experts and to end country-wide the arbitrary detention of individuals based on their religious beliefs or political opinions.
We welcome the progress made in resolutions on the rights of women and girls: violence against women and girls in the world of work, on discrimination against women and girls and on the consequences of child, early and forced marriage. We particularly welcome the renewal of the mandate of the Working Group on Discrimination Against Women and Girls under its new name and mandate to focus on the intersections of gender and age and their impact on girls. The Council showed that it was willing to stand up to the global backlash against the rights of women and girls by ensuring that these resolutions reflect the current international legal framework and to resist cultural relativism, despite several amendments put forward to try and weaken the strong content of these resolutions.
However, in the text on the contribution of development to the enjoyment of all human rights, long standing consensus language from the Vienna Declaration for Programme of Action (VDPA) recognising that, at the same time, “the lack of development may not be invoked to justify the abridgement of internationally recognized human rights” has again been deliberately excluded disturbing the careful balance established and maintained for several decades on this issue.
We welcome the continuous engagement of the Council in addressing the threat posed by climate change to human rights, through its annual resolution and the panel discussion on women’s rights and climate change at this session. We call on the Council to continue to strengthen its work on this issue, given its increasing urgency for the protection of all human rights.
The Council has missed an opportunity on Sudan where it could have supported regional efforts and ensured that human rights are not sidelined in the process. We now look to African leadership to ensure that human rights are upheld in the transition. The Council should stand ready to act, including through setting up a full-fledged inquiry into all instances of violence against peaceful protesters and civilians across the country.
During the interactive dialogue with the Special Rapporteur on extrajudicial and summary executions, States heard loud and clear that the time to hold Saudi Arabia accountable is now for the extrajudicial killing of journalist Jamal Khashoggi. We recall that women human rights defenders continue to be arbitrarily detained despite the calls by 36 States at the March session. We urge States to adopt a resolution at the September session to establish a monitoring mechanism over the human rights situation in the country.
We welcome the landmark report of the High Commissioner on the situation for human rights in Venezuela; in response to the grave findings in the report and the absence of any fundamental improvement of the situation in the meantime, we urge the Council to adopt a Commission of Inquiry or similar mechanism in September, to reinforce the ongoing efforts of the High Commissioner and other actors to address the situation.
We welcome the renewal of the mandate on the freedom of peaceful assembly and association. This mandate is at the core of our work as civil society and we trust that the mandate will continue to protect and promote these fundamental freedoms towards a more open civic space.
We welcome the renewal of the mandate of the Special Rapporteur on Belarus. We acknowledge some positive signs of re-engagement in dialogue by Belarus, and an attempted negotiation process with the EU on a potential Item 10 resolution. However, in the absence of systemic human rights reforms in Belarus, the mandate and resolution process remains an essential tool for Belarusian civil society. In addition, there are fears of a spike in violations around upcoming elections and we are pleased that the resolution highlights the need for Belarus to provide safeguards against such an increase.
We welcome the renewal of the quarterly reporting process on the human rights situation in Ukraine. However, we also urge States to think creatively about how best to use this regular mechanism on Ukraine to make better progress on the human rights situation.
The continued delay in the release of the UN database of businesses engaged with Israeli settlements established pursuant to Council resolution 31/36 in March 2016 is of deep concern. We join others including Tunisia speaking on behalf of 65 states and Peru speaking on behalf of 26 States in calling on the High Commissioner to urgently and fully fulfil this mandate as a matter of urgency and on all States to cooperate with all Council mandates, including this one, and without political interference.
Numerous States and stakeholders highlighted the importance of the OHCHR report on Kashmir; while its release only a few days ago meant it did not receive substantive consideration at the present session, we look forward to discussing it in depth at the September session.
Finally, we welcome the principled leadership shown by Belgium, Luxembourg and the Netherlands, in pursuing accountability for individual victims of acts of intimidation and reprisals under General Debate Item 5, contrasting with other States which tend to make only general statements of concern, and call on States to raise all individual cases at the interactive dialogue on reprisals and intimidation in the September session.
(text in italics was not read out due to the limited time)
Signatories:
- International Service for Human Rights (ISHR)
- Amnesty International
- ARTICLE 19
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Association for Progressive Communications (APC)
- Cairo Institute for Human Rights Studies
- Center for Reproductive Rights
- CIVICUS: World Alliance for Citizen Participation
- DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
- Franciscans International
- Global Initiative for Economic, Social and Cultural Rights
- Human Rights House Foundation
- Human Rights Watch
- International Commission of Jurists (ICJ)
- International Federation for Human Rights (FIDH)
- International Lesbian and Gay Association (ILGA)
[1] States who voted against the resolution on Eritrea: Bahrain, Burkina Faso, Cameroon, China, Cuba, Egypt, Eritrea, Iraq, India, Saudi Arabia, Somalia, the Philippines and Pakistan.
States who voted against the resolution on the Philippines: Angola, Bahrain, Cameroon, China, Cuba, Egypt, Eritrea, Hungary, Iraq, India, Qatar, Saudi Arabia, Somalia, and the Philippines.
