Sep 10, 2019 | Events, News
The ICJ invites you to a discussion of new tools to assist investigation and accountability for extrajudicial, summary or arbitrary executions, and other potentially unlawful deaths. The event takes place on Thursday, 12 September, 13:30, Room XVI, at the Palais des Nations in Geneva.
ICJ’s new Practitioners’ Guide No 14 on the Investigation and Prosecution of Unlawful Death helps legal practitioners ensure that investigation and accountability processes are implemented in accordance with international human rights law.
The Guide elaborates on the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), a set of practical standards and guidelines that was updated by former UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, and published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in 2017.
The panel discussion will highlight key elements of the Protocol and Practitioners Guide, and their relevance to cases such as the 2016 killing of political commentator, Kem Ley, in Cambodia and the 2018 killing of Saudi Journalist, Jamal Khashoggi in Turkey.
Speakers
- Agnes Callamard, Special Rapporteur on extrajudicial, summary or arbitrary executions (by video conference, TBC).
- Stuart Maslen, Honorary Professor, Centre for Human Rights, University of Pretoria.
- Kingsley Abbott, Senior Legal Adviser & Coordinator of the ICJ’s Global Accountability Initiative.
Moderator
- Carolina Villadiego, ICJ Legal and Policy Adviser, Latin America
Printed copies of the ICJ’s Practitioners’ Guide No 14 on the Investigation and Prosecution of Unlawful Death will be available.
A flyer for the event is available here.
*** Room XVI is on the 5th floor of Building A, behind the Assembly Hall, accessible by the elevators at the Salle des Pas Perdus. Details here.
Jul 1, 2019 | Advocacy, Non-legal submissions
The ICJ today highlighted the negative impacts of criminalisation of HIV non-disclosure, exposure and transmission, on human rights, as well as an ongoing initiative to develop a set of relevant principles, at the UN Human Rights Council.
The oral statement, delivered during the General Debate under Agenda Item 3, was titled “Developing principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on select conduct in the areas of sexuality, reproduction, drug use and HIV” and read as follows:
“The ICJ welcomes the High Commissioner’s report (A/HRC/41/27) on human rights in the response to HIV.
Unjust criminalization of HIV non-disclosure, exposure and transmission is a barrier to the realization of human rights – fostering stigma, discrimination, violence and abuse.
Last year, the ICJ – supported by UNAIDS, OHCHR and UNDP – convened a meeting of jurists to address the harmful effects of misuse of criminal law in relation to HIV and other issues.
The meeting endorsed civil society’s call for jurists to elaborate a set of principles to assist legislatures, the courts, administrative and prosecutorial authorities, and advocates address the deleterious impact on health, equality, and human rights of criminalization in a range of areas. In addition to HIV, jurists concluded the principles should address criminalization of sexual and reproductive healthcare services, including abortion; criminalization of consensual sexual conduct, including sex work, sex outside marriage, same-sex relations, and adolescent sexual activity; and criminalization of drug use and of possession of drugs for personal use.
To ensure the jurists’ principles are effective and protect the most at-risk individuals, the process for developing them is as important as the content of the principles themselves. Thus, broad consultation with a wide range of stakeholders, including national and international civil society organizations, UN human rights mandate holders and UN agencies, is ongoing.”
Jul 1, 2019 | Advocacy, Non-legal submissions
The ICJ today joined other NGOs in calling on States to do more to save lives and uphold human rights of migrants, including by recognising the role of civil society and creating an environment for its work.
The statement to the UN Human Rights Council, delivered on behalf of the group of NGOs by the International Catholic Migration Commission, read as follows:
“We are deeply concerned by widespread and growing violations of the human rights of migrants and an environment where those who seek to protect them are increasingly criminalized.
The Global Compact for Migration provides technical guidance and a cooperative framework for the implementation of existing legal commitments. It is mobilizing resources to support States in this.
We are asking you to do more and to do better to save lives and uphold human rights. The Compact can help you do this.
Civil Society is already using the Compact at regional and national level, often in partnership with States, for example:
- Civil society in Central America are developing a pilot programme to identify missing migrants to support States’ implementation of Objectives 8 and 9.
- Migrant Forum in Asia has led consultations with governments and other stakeholders throughout Asia.
- Cross-Regional Center for Refugees and Migrants has developed a baseline assessment on the GCM for the MENA region.
- The International Detention Coalition is working with States to develop a cross regional platform on alternatives to child immigration detention in line with Objective 13(h)
We believe these activities can inspire similar measures, but we need all States to create an environment that enables us to do so and we need all States to take leadership on implementation.
The human rights of migrants deserve the acknowledgement, respect, and urgent action of all of us.”
Delivered by the International Catholic Migration Commission, the statement was co-sponsored by the following ECOSOC accredited NGOs:
- ACT Alliance
- Alianza Americas
- Asylum Access
- Caritas Internationalis
- Congregation of Our Lady of Charity of the Good Shepherd
- Congregations of St. Joseph
- Defence for Children International
- International Catholic Migration Commission
- International Commission of Jurists
- International Council of Voluntary Associations (ICVA)
- International Detention Coalition
- International Movement Against All Forms of Discrimination and Racism (IMADR)
- Migrant Forum in Asia
- Save the Children
- Terre des Hommes International Federation
- Translators without Borders
- Vivat International
- World Organization for Early Childhood Education (OMEP)
The statement was also supported by the following NGOs and networks who do not have ECOSOC accreditation:
- Action Secours Ambulance (ASA)
- Asia Pacific Refugee Rights Network (APRRN)
- Asociación Rumiñahui
- Bloque latinamericano y el Caribe sobre Migración
- Casa Monarca ayuda humanitaria al migrante
- Center for Migrant Advocacy, Philippines (CMA-Phils)
- Centro de Atención y Desarrollo Integral Migrante (CADIM Oxnard)
- Centro de Recursos Centroamericanos Del Norte California (CARECEN)
- Centro de Atención a la Familia Migrante e Indígena (CAFAMI)
- Civil Society Action Committee
- Comision de Accion Social Menonita (CASM)
- Destination Unknown Network
- Estancia del Migrante González y Martínez
- FM4 – Paso Libre
- Fundación para la Justicia y el Estado Democrático de Derecho
- Global Coalition on Migration
- Institution para las Mujeres en la Migración (IMUMI)
- Instituto de Estudios y Divulgación sobre Migración (INEDIM)
- International Presentation Association
- NGO Coalition on Migration
- Organismo Cristiano de Desarrollo Intergral de Honduras (OCDIH)
- Pacific Islands Association of Non-Government Organisation (PIANGO)
- Plateforme des Organisations Nationales et Territoriales (Pont-Sch)
- Red de Mujeres del Bajío
- Red Internacional de Migración y Desarrollo
- Red Jesuita con Migrantes de América Latina y Caribe (RJM-LAC)
- Religious of the Sacred Heart of Mary
- Solidarity Centre
- The Mixed Migration Centre
- Women in Migration Network
Jun 25, 2019 | Advocacy, Non-legal submissions
Speaking at the UN Human Rights Council in a general debate on the oral update of the High Commissioner for Human Rights, the ICJ addressed issues around “foreign fighters”, criminalisation of solidarity with migrants, and the need for international investigation of violations in the Philippines.
The statement was as follows (check against delivery):
“The International Commission of Jurists (ICJ) thanks the High Commissioner for her oral update.
The ICJ agrees that accountability for crimes under international law committed by foreign fighters is essential; equally, it must be ensured through fair procedures. Where children are concerned, their best interests must be the guiding principle. [To the extent foreign fighters are addressed in relation to counter-terrorism measures, ICJ emphasizes that not only is disregard for human rights in countering terrorism wrong and unlawful in itself, it is also ineffective and indeed itself conducive to terrorism.]
The ICJ is also concerned at the criminalisation of solidarity with migrants in Europe and elsewhere. No one should be penalised for supporting human rights, including those that States fail to uphold. On Thursday, together with the OHCHR and the Geneva Bar Association, ICJ will screen a documentary in Room XIV, the UN Cinema, showing the impact of criminalization of solidarity.
The ICJ supports calls by the High Commissioner and Special Procedures for urgent action by the Human Rights Council on the Philippines. Adoption of a resolution at the current session to establish an independent international investigation is essential.
The huge number of killings in the name of countering drugs is part of a broader pattern of impunity. For instance, at least 39 lawyers have also been killed under the current administration, some of whom were representing victims of human rights violations. A fully independent national commission of inquiry and measures actually to bring perpetrators to justice are also needed to end the pervasive culture of impunity.”
Jun 24, 2019 | Advocacy, Non-legal submissions
At the UN, the ICJ today highlighted the rights and duties of judges and prosecutors to exercise their freedoms of expression, assembly and association to defend the rule of law and human rights.
The oral statement was delivered in a Clustered Interactive Dialogue with the Independent Expert on Sexual Orientation and Gender Identity and the Special Rapporteur on the Independence of Judges and Lawyers, at the UN Human Rights Council in Geneva.
It read as follows:
“The International Commission of Jurists (ICJ) welcomes the report of the Special Rapporteur on the Independence of Judges and Lawyers on freedom of expression, association and peaceful assembly of judges and prosecutors.[1]
As the report acknowledges, exercise of these rights can be subject to restrictions arising from the fundamental need for judges and prosecutors to be perceived as independent and impartial. At the same time, as the report also emphasizes, any such restrictions must be provided by law and be demonstrably necessary to such legitimate aims, which in turn crucially requires proportionality.[2] These standards have been recognized both globally and in all regions of the world.[3] Any such restrictions on judges should be adopted and enforced by the judiciary itself.
We particularly welcome the recognition in the report that in situations where democracy and the rule of law are under threat, judges and prosecutors have not only the right, but potentially a duty, to speak out and organize in defence of democracy, the rule of law, and human rights, and that this can include participating in peaceful public demonstrations.[4]
Far too often in the ICJ’s work around the world, we see Executive and Legislative bodies, as well as compromised judicial hierarchies, arbitrarily or selectively targeting judges and prosecutors for removal, demotion or other disciplinary measures, precisely for exercising these rights to defend against threats to the rule of law. Examples highlighted in our submission to your study included Egypt, Morocco, Honduras, Hungary and Bulgaria.[5]
Mr. Rapporteur, how can judiciaries, governments, and civil society organisations (including international or regional legal professional associations) act internationally to support judges and prosecutors who are facing such abuse in another country?
The ICJ also welcomes the reports of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. We urge all States to strongly support the renewal of this essential mandate at the current session.
Thank you.”
[1] ICJ’s detailed submission to the Special Rapporteur’s consultation is available at: https://www.icj.org/judgesexpression2019/
[2] Paragraphs 39, 45, 46, 89.
[3] In addition to the global and European, Asian, and American standards cited in the report, see the African Commission on Human and Peoples’ Rights, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (2005), paras A(4)(s) and (t), and F(d) and (e).
[4] Paragraphs 61, 69, 90, 102.
[5] See for further information: https://www.icj.org/judgesexpression2019/
