UN side event: “The 10th anniversary of the Istanbul Convention”

UN side event: “The 10th anniversary of the Istanbul Convention”

On 22 June, the ICJ, Human Rights Watch, the Cairo Institute for Human Rights Studies, the Center for Reproductive Rights and the International Planned Parenthood Federation, with the co-sponsorship of the Kingdom of Spain, organize an online event on the 10th anniversary of the Council of Europe’s Convention on preventing and combating violence against women and domestic violence (Istanbul Convention).

This side event at the margin of the 47th regular session of the UN Human Rights Council has convened expert speakers to illustrate the situation of human rights protection to combat and prevent violence against women in Europe, how the Istanbul Convention has crucially contributed to this goal and the obstacles to its effective implementation.

Preventing and combating violence against women, as well as its causes and consequences, are a priority of the UN Human Rights Council. While UN standards are central to achieving this goal, regional standards have to date provided a key contribution in this field.  The Council of Europe’s Istanbul Convention is the most far-reaching international treaty specifically designed to counter violence against women.

On 11 May 2021, the Istanbul Convention turned 10 years old. It is now time to take stock of the achievements that this Convention has contributed to as well as the challenges ahead, including countering the spread of misinformation about the Convention and ensuring states continue to champion its principles and standards.

Women and girls are still suffering the aftermaths of the COVID-19 crisis. The pandemic effects have shown a worrying increase on violence against women. The universalization of the Istanbul Convention is more important than ever because the pandemic has unveiled the “permanent shadow pandemic” that women and girls are suffering around the world.

When: Tuesday June 22nd, 13:00 – 14:00 CEST

Where: Zoom

Language: English

Panelists

  • María Isabel Sanchís, Senior Advisor, Office of the Commissioner on Violence against Women of the Government of Spain
  • Dubravka Šimonović, UN Special Rapporteur on violence against women, its causes and consequences
  • Dame Silvia Cartwright, former Governor General of New Zealand, former CEDAW member, Commissioner of the International Commission of Jurists
  • Professor Feride Acar, former chairwoman of CEDAW and GREVIO
  • Hillary Margolis, Senior Researcher, Women’s Rights Division, Human Rights Watch

Moderator Massimo Frigo, UN Representative, ICJ

To confirm your participation and receive connection details, please RSVP to Massimo Frigo, email: Massimo.Frigo@icj.org .

Event-Invitation-Side Event-IstanbulConvention-UN-HRC47-final-2021-eng (download the event leaflet)

Symposium on civil liability for business-related human rights abuses

Symposium on civil liability for business-related human rights abuses

As part of its work to raise awareness and deepen the understanding about the importance of civil liability for the objective of improved accountability of business-related human rights abuses and access to justice and reparations, the ICJ is partnering with the Bonavero Institute of Human Rights to organize an online symposium.

The symposium is open to practitioners, policymakers, civil society, academics, and students working on these subjects. It will feature two panel discussions on Zoom on 7 June 2021 and 14 June 2021.

Past decades saw an emerging trend towards reliance on civil liability claims to address business-related human rights abuses (e.g., Lungowe v Vedanta and Okpabi v Shell in the UK; Choc v Hudbay Minerals and Araya v Nevsun in Canada; Akpan v Shell in the Netherlands; Jabir and others v KiK Textilien in Germany).

The ICJ and the Bonavero Institute of Human Rights’ symposium will discuss the wider implications of recent jurisprudence and identify the remaining gaps in the law.

The discussions will focus on a range of issues, including 1) the contours of rules on the duty of care; 2) prospects for supply chain liability under the law of civil remedies; 3) parent company liability and complicity under civil law; 4) prospects of access to justice.

Please follow the links below to register separately for each panel. The symposium will also involve a series of blogs by experts in the field to be published by Opinio Juris starting 21 June 2021.

Panel 1 ‘Duty of care and parent company liability’

Day and time: 7 June 2021 at 14.00 – 16.00 BST

To register for Panel 1, please click here

Panel 2 ‘Access to justice and civil claims for business-related human rights abuses: Challenges and opportunities’

Day and time: 14 June 2021 at 14.00 – 16.00 BST

To register for Panel 2, please click here

This symposium is co-convened by Dr Carlos Lopez and Dr Ekaterina Aristova. Please get in touch with the organisers if you have any questions. The symposium is part of the project on civil liability for human rights violations led by the Bonavero Institute and funded by the Oak Foundation.

 

OPT/Israel: Crimes under international law must immediately be investigated (UN Special Session)

OPT/Israel: Crimes under international law must immediately be investigated (UN Special Session)

The ICJ today addressed an emergency Special Session of the UN Human Rights Council on the Occupied Palestinean Territories and Israel, calling for accountability for the serious violations of international humanitarian law and international human rights law committed by all parties.

The Special Session is expected to adopt a resolution to address this situation.

The ICJ statement read as follows:

“Madame President,

May 2021 has witnessed the commission of serious crimes under international law by Israel in occupied East Jerusalem and the West Bank, and by Israel and Palestinian armed groups in the context of the recent round of hostilities in the Gaza Strip. As in the past, the conflict exacted a heavy toll on civilians taking no part in hostilities, including more than 65 slain Palestinian children. Unlike the past, those responsible must be held criminally accountable for these crimes.

The International Commission of Jurists calls on the Council to establish a Commission of Inquiry to investigate serious violations of international humanitarian law and international human rights law committed by all parties with a view to:

  • Establishing the facts, documenting, and reporting on alleged violations and abuses of international humanitarian law and international human rights law;
  • Collecting and preserving evidence of crimes under international law committed in the West Bank, including East Jerusalem, Israel and in the context of the Gaza hostilities; and
  • Identifying all those responsible for such crimes.

This Council should call on all States to cooperate with the ongoing investigation of the International Criminal Court. All States, and any mechanisms of this Council, should cooperate and share relevant information with the Commission of Inquiry.

Thank you.”

Contact:

Massimo Frigo, ICJ UN Representative, e: massimo.frigo(a)icj.org, t: +41797499949

European Court of Human Rights issues landmark ruling on mass surveillance

European Court of Human Rights issues landmark ruling on mass surveillance

The ICJ welcomes the ruling by the European Court of Human Rights in the case of B.B.W. and others v. the United Kingdom, setting out important guarantees against mass surveillance online.

On 25 May, the Grand Chamber of the European Court of Human Rights issued its final ruling in this case in which the ICJ intervened. The case deals with the human rights implications of the system of intelligence mass surveillance of the United Kingdom, which was unveiled by the revelations of Edward Snowden.

“The judgment sets out clear guarantees to be respected in order to carry out bulk interception of communications”, said Massimo Frigo, Senior Legal Adviser for the ICJ Europe and Central Asia Programme, “it is a first important step towards ensuring that protection of human rights is as effective online as it is offline. All Member States of the Council of Europe must now ensure that their surveillance systems respect these minimal guarantees.”

In its judgment, the Court recognised the difference between surveillance of individual communications and bulk interception of communications with the use of metadata and introduces a set of procedural guarantees to be respected at initial, intermediary and final stages of bulk data surveillance.

The Court found that these guarantees also apply when a State receives  intelligence based on bulk interception carried out by foreign States.

The judgment, however, does not fully address the implications for human rights of States’ participation in close transnational surveillance cooperation such as the system of the “Five Eyes” including the UK, USA, Canada, Australia and New Zealand.

“These transnational surveillance systems entail a higher level of responsibility by States under international human rights law in light of the high risk of bypassing national remedies”, said Massimo Frigo, “We hope the Court will be able to address these important issues in the future to strengthen the protection of human rights online in Europe.”

Contact:

Massimo Frigo, ICJ Senior Legal Adviser, t: +41797499949, e: massimo.frigo(a)icj.org

Tunisia: prosecutors are failing victims of serious human rights violations

Tunisia: prosecutors are failing victims of serious human rights violations

Prosecutors must perform an active role in proceedings before Tunisia’s Specialized Criminal Chambers (SCC), including by prosecuting the cases referred by the Truth and Dignity Commission (IVD) without indictment, and by ensuring the effective and timely execution of court decisions, such as judicial summons and other orders to compel the presence of the accused in court, the ICJ said today. 

هذا البيان الصحفي متوفر باللغة العربية أيضاً

To date, prosecutors have automatically transferred around 200 cases, to the SCC pursuant to the Law on Transitional Justice. Beyond this, however, they have played little or no part in the conduct of trials thus far.

“Prosecutors are abdicating their primary responsibility to uphold the rule of law and the rights of victims, and, in so doing, they are contributing to perpetuate decades of impunity in Tunisia,” said Said Benarbia, ICJ MENA Director.  

Accused are absent in most of the SCC trials. Measures ordered by the courts to compel their presence have remained mere ink on paper.

“The systematic absence of the accused defeats the very purpose of setting up the SCC as transitional justice mechanisms, including their role in establishing the truth about past abuses, and in granting victims their long overdue day in court,” added Benarbia.

Tunisian prosecutors and law enforcement officers acting under their authority must ensure that court summons and related orders be implemented in a timely manner.

Prosecutors should also ensure that effective investigations be conducted, evidence collected, and prosecutions instituted, when warranted, in those cases that the IVD referred to the SCC without indictment.

“The automatic transfer of cases to the SCC does not absolve prosecutors from their obligations under Tunisian and international law, including in respect of their duties as public interest representatives,” Benarbia added. “It’s high time for the prosecutorial authorities to live up to these obligations and uphold the rights of victims to truth, justice and effective remedies.” 

Background information

The Specialized Criminal Chambers were established in 2014 to adjudicate cases involving alleged “gross human rights violations” perpetrated between 1955 and 2013 and referred by the Truth and Dignity Commission (Instance Verité et Dignité, IVD) to the SCC.

The 2013 Transitional Justice Law empowered the IVD to investigate crimes, collect evidence and refer cases to the SCC for prosecution.

At the end of its mandate in December 2018, the IVD’s referred to the SCC 200 cases of arbitrary deprivations of life, arbitrary deprivations of liberty, torture and other ill-treatment, enforced disappearance, rape and sexual assault and crimes against humanity committed by the past regime.

For more information see the ICJ Practical Guide Series on Accountability Through the Specialized Criminal Chambersand findings on the role of international law and standards in proceedings before the SCC (Practical Guide 1), the investigation and prosecution of gross human rights violations under Tunisian and international law (Practical Guide 2), and the application of principles and best practices on evidence in the administration of justice before the SCC (Practical Guide 3).

Download this press release in PDF form here

Contact:

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

Valentina Cadelo, Legal Adviser, ICJ Middle East and North Africa Programme, e: valentina.cadelo(a)icj.org

Asser Khattab, Research and Communications’ Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org

 

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