Oct 24, 2018 | News
The ICJ started its 60th anniversary in Geneva with an evening gala hosted by Ambassador Julian Braithwaite, at his residence on 18 October 2018. A moving speech by Sir Nicolas Bratza (photo), ICJ Commissioner and Executive Committee member, on the importance of the defence of the rule of law opened the evening.
It was followed by a magnificent concert by Menuhin Academy virtuoso, violinist Vasyl Zatsikha. A magical evening.
The speech of Sir Nicolas Bratza
“I feel very privileged to have been asked to say a few words by way of introduction to the speech of the Secretary General of the ICJ.
May I begin by expressing on behalf of us all the warmest thanks to the British Ambassador for hosting this very special celebration of the 60th anniversary of the ICJ in its home in Geneva.
Anniversaries are always important occasions and never more so than when they mark a milestone in the life of a remarkable organization that has throughout its existence worked tirelessly to safeguard the rule of law and human rights and that has done so, in particular, by protecting and defending the independence of judges and lawyers.
My association with the ICJ has been relatively brief but for many years I have admired its work from afar, as a member of the European Commission of Human Rights for five years and as a judge of the Strasbourg Court, for fourteen.
The Court and the ICJ share the common purpose – to protect the fundamental principles of democracy, the rule of law and human rights.
Without the independent and impartiality of judges, both national and international, those principles would be meaningless and might as well have been written on water.
With the alarming growth of populism in countries across the world, the threats to the independence of the judiciary are regrettably as real today as they have been at any time.
In the international Court of which I was a member, judges are nominated by the States from which they are drawn.
But they are in no sense representatives of those States and are not infrequently faced with having to decide cases, sometimes cases of acute sensitivity, against their own countries.
The pressures on judges of the Court are often intense and there are notorious examples where the courage shown by a judge in maintaining his or her rigorous independence has come at a cost, the judge being punished by not being renominated by the State, by returning to the country at the end of their mandate without employment or means of livelihood, or by being unable to return safely to their home at all.
But if the position of the international judge is difficult enough, that of the national judge in certain States, including member States of the Council of Europe, is far worse, their independence and security, both physical and professional, being under constant threat.
In the 1990s and in the early years of this century, the signs were promising. One was able to witness a slow but steady improvement in adherence to the rule of law on the part of new democracies.
This was in no small measure due to the work of organizations such as the ICJ which, through its writings, seminars and training of judges and lawyers worldwide, did so much to strengthen and support judicial independence and to expose the most flagrant examples of abuse and undermining of that independence.
I regret to say that in more recent years the landscape has become much darker, with open and insidious attacks on members of the judiciary, the arbitrary removal of judges from their posts and measures taken to curtail the powers of judges and courts or to undermine their authority and independence.
In my official visits to member States as President of the Strasbourg Court, I met several judges who voiced their deep concern about the steps being taken both by the legislature and the executive to compromise their independence and to diminish their authority. It is not only in the new democracies that such a phenomenon has become apparent.
There has been a growing trend in many parts of Europe to undermine the standing and authority of the judiciary by outspoken attacks on judges for unpopular decisions, by members of the executive, by parliamentarians and by the media.
It is these challenges to judicial independence and to the rule of law that make the role of the ICJ and the continued support of the diplomatic community not only more relevant but more vital than they have ever been.
It is with pride and pleasure that I wish the ICJ a very happy anniversary on this its first 60 years of life in this great city.
But I combine this with a fervent hope that, with the support of us all, the ICJ is able to continue its extraordinary work for the next 60 years and far beyond. The protection of the rule of law and human rights depend on it.”
Oct 23, 2018 | Multimedia items, News, Video clips
At an event at the city’s Palais Eynard, prominent ICJ Commissioners discussed the supremacy of the Rule of Law and also why it is important to be in Geneva. Watch the video.
The Executive Committee (ExCo), representing the whole Commission of Jurists, participated in the event.
Sam Zarifi, ICJ Secretary General, opened the event by reiterating the importance for the ICJ to be headquartered in Geneva, not only for the UN and international community but also for the city’s and canton’s legal and human rights community.
“It is absolutely clear that we live at a moment in the world when lawyers, judges, jurists are under attack and it is important for the legal community across the world, regardless of borders, regardless of languages, regardless of legal systems, to come together to defend the notion of the rule of law and defend the security and well-being of lawyers and jurists around the world.”
Carlos Ayala, ICJ’s Vice-President, said the ICJ was a unique organization working in the field of the Rule of Law, not as an isolated notion but within the framework of Human Rights and democracy.
He explained how the ICJ is structured and working around the world and insisted on the impact the ICJ is having through its activities.
He said that the organization’s legal outputs were used to have an impact on the overall human rights situations, cases, court decisions, and in training judges, lawyers, prosecutors and others.
Radmila Dragicevic-Dicic, also ICJ’s Vice-President, insisted on how it is important to share experiences about human rights issues and finding solutions to protect different rights.
She gave her personal example of being a judge in former Yugoslavia and Serbia to show how with tenacity and courage one can help establish an independent judiciary even in some of the hardest situations.
She testified how she was helped by the ICJ and Switzerland in her fight for justice.
“If you fight for independence of judges and lawyers in your country, you fight for judges and lawyers everywhere,” she added.
Dame Silvia Cartwright, ICJ Commissioner and ExCo member from New Zealand, was the first woman appointed to the High Court in New Zealand and she was also Governor General of New Zealand.
She said that she was privileged to come from a country that has always promoted and protected the Rule of Law but that unfortunately many recent examples showed that this endorsement could change overnight.
Very active in the fight for women’s rights she said how through her professional work she realized the terrible impact that the Khmer Rouge’s regime in Cambodia and civil war in Sri Lanka had on women.
“Generally speaking I’m quite pessimistic because I think we have reached another stage of the cycle that seems to occur every couple of generations where we are heading towards a more fascist world. So this is the time when human rights must be protected when we must fight to maintain the norms we have struggled for so long,” she said.
Watch the full event here:
https://www.facebook.com/ridhglobal/videos/335212527229422/
Oct 5, 2018 | News
2018 marks the 60th anniversary of the ICJ’s move to Geneva thanks to the great Swiss jurist Jean-Flavien Lalive, who was ICJ’s Secretary General in 1958.
This makes the ICJ one of the earliest international organizations to establish its headquarters in Geneva.
At the 1959 ICJ Congress in New Delhi, Dr. Lalive helped breathe new life into the rule of law and human rights.
The Delhi Declaration is, to date, a fundamental instrument interpreting the rule of law as a living concept, and underscoring the primary role of lawyers in its safeguard and in the advancement of human rights.
The ICJ plays a unique and preeminent role as a non-governmental organization seeking to defend human rights and the rule of law worldwide.
The ICJ will mark this event with two major initiatives:
- A visibility campaign from 26th September to 9th October: the TV screens on the Geneva public transport network and five vehicles will carry the slogan “Global Advocates for Justice and Human Rights – 60 years in Geneva”
- The launch of the “60th Anniversary Appeal” to all lawyers in the Republic and canton of Geneva to support the ICJ and, in turn, their less privileged colleagues, victims of persecution on five continents.
“Geneva can be proud of its image as the world human rights capital. It is a beacon for justice advocates around the world. We must continue to make it shine,” said Sam Zarifi, Secretary General of the ICJ.
“Through its 60-year history, the ICJ has contributed significantly to Geneva’s human rights record: the campaigns that led to the creation of the post of UN High Commissioner for Human Rights in 1993 and the UN Human Rights Council in 2006, as well as the adoption of the United Nations Convention against Torture in 1984 are some emblematic examples,” said Olivier Coutau, Head of La Genève Internationale.
“In the face of repeated attacks on human rights, the world needs, more than ever the ICJ’s competent, rigorous and effective defense of the rule of law,” Sam Zarifi added.
The Republic and canton of Geneva support the ICJ 60th Anniversary Appeal.
Additional information
The international reputation of the ICJ rests on these pillars:
- 60 Commissioners – eminent judges and lawyers – from all regions of the world and all legal systems – with unparalleled knowledge of the law and human rights;
- Cooperating with governments committed to improving their human rights performance;
- Effective balance of diplomacy, constructive criticism, capacity building, and if necessary, ‘naming and shaming’;
- Unmatched direct access to national judiciaries, implementing international standards and improved legislation impacting millions;
- Guiding, training and protecting judges and lawyers worldwide to uphold and implement international standards;
- Working for access to justice for victims, survivors and human rights defenders, in particular from marginalized communities;
- Following a strict result based management in project delivery.
In recognition of this effective approach, the ICJ has been awarded, during its long history, some of the most prestigious international awards: the Council of Europe Human Rights Prize, the United Nations Award for Human Rights, Erasmus Prize, Carnegie Foundation Wateler Peace Prize.
In 2018, the ICJ provided local trainings on five continents to assist 4,300 judges, lawyers and prosecutors strengthen their ability to protect and promote fundamental rights.
The ICJ has consultative status with the United Nations Economic and Social Council, UNESCO, the Council of Europe and the African Union.
Contact :
Michaël W. Sombart, Director Philanthropy & Strategic Partnerships, t: +41 22 979 38 31 ; m: +41 77 965 98 45 ; e: michael.sombart(a)icj.org
Oct 1, 2018 | News
The Inter-American Commission of Human Rights (IACHR) held a special hearing on the role of the International Commission against Impunity in Guatemala (CICIG) in Boulder, Colarado.
Ramón Cadena, the ICJ Director stated “We regret that the Government of Guatemala requested the IACHR to hold the hearing behind closed doors since all the points discussed were of public interest. The discussions should have been open to the press and the general public. We urge the authorities to ensure there will be no retaliations against the work carried out by human rights organizations and human rights defenders.”
The ICJ welcomed the participation of many NGOs at the event and the frank dialogue that took place on this crucial issue for human rights in that country. The Guatemalan government delegation claimed that the Inter-American System of Human Rights was not competent to consider the matter. However, the IACHR maintained it was competent, according to the American Convention of Human Rights and other regional human rights legislation. As an “external observer”, the IACHR stated it was “surprised” by the latest decisions taken by government authorities at the highest level not to extend the CICIG mandate nor allow the entry of Commissioner Iván Velásquez into the country. It considered these decisions were “excessive” and in no way strengthened the rule of law in Guatemala.
The government delegation further argued that the CICIG acted as a “parallel prosecutor” which affects the internal order of the country. The NGO delegation stated that on the contrary the CICIG acted as a “complementary prosecutor”. The delegation further noted that before the CICIG mandate was approved, the Constitutional Court, in an opinion published in the official gazette on 8 May 2007 (document no 791-2007), considered that the CICIG did not violate the constitutional order nor the rule of law in Guatemala.
The Constitutional Court referred to the CICIG as having “the function of supporting, assisting and strengthening the state institutions responsible for investigating crimes committed by illegal and clandestine security forces .. and does not exclude the possibility of receiving support from other institutions in the collection of evidence, provided that the participation has been established in a legal manner, as in the present case.”
The IACHR considered that the essential question was whether the State of Guatemala already had the judicial independence and strong institutions necessary to fight against corruption in Guatemala without the support of the CICIG. The NGO delegation considered, based on different arguments, that the presence of the CICIG in Guatemala was still necessary.
The IACHR also informed the government delegation that it was in their interest to invite an in-situ visit of the IACHR as soon as possible so as to better understand the human rights situation.
The ICJ Director for Central America Ramón Cadena participated in the hearing at the request of the Central American Institute for Social Democracy Studies (DEMOS), the Committee for Peasant Development (CODECA) and the Network of Community Defenders. The Indigenous Peoples Law Firm had been requested to attend by these organizations but was unable to do so at the last moment.
Sep 24, 2018 | Feature articles, News
On October 16, 1998, the former dictator of Chile Augusto Pinochet was arrested in London on a warrant from a Spanish judge. Reed Brody participated in the subsequent legal case.
Reed Brody went on to apply the “Pinochet precedent” in the landmark prosecution of the former dictator of Chad, Hissène Habré, who was convicted of crimes against humanity in Senegal in 2016.
He now works with victims of the former dictator of Gambia, Yahya Jammeh. The ICJ interviewed Brody about the Pinochet case and its legacy.
What was your role in the Pinochet case?
My role started when Pinochet was arrested in London. The case began long before that, of course, in the early years of Pinochet’s dictatorship when brave human rights activists documented each case of murder, and “disappearance.”
The ICJ worked with those advocates to produce a seminal 1974 report on those crimes, just six months after Pinochet’s coup. Shut out of Chile’s courts, even after the democratic transition of 1990, victims and their lawyers pursued a case against Pinochet in Spain under its “universal jurisdiction” law and when Pinochet traveled to London, Spanish Judge Baltasar Garzón requested and obtained his detention.
When Pinochet challenged his arrest in court claiming immunity as a former head of state, I went to London for Human Rights Watch, and we and Amnesty International were granted the right to intervene with teams of lawyers in the proceedings at the judicial committee of the House of Lords, then Britain’s highest court.
The Lords cited our research in rejecting Pinochet’s immunity.
You famously described the Lords’ Pinochet decision as a “wake-up call” to tyrants everywhere. Looking back, do you think it was?
Actually no, I think one would be hard pressed to discern a change in the behavior of dictators. Mugabe didn’t quake in his boots, Saddam didn’t clean up his act.
The more important and more lasting effect of the case was to give hope to other victims and activists. When the Lords ruled that Pinochet could be arrested anywhere in the world despite his status as a former head of state, the movement was in effervescence.
As a human rights lawyer, I was used to being legally and morally right, but still losing. In the Pinochet case, not only did we win, but we upheld the detention of one of the world’s most iconic dictators.
The Pinochet case inspired victims of abuse in country after country, particularly in Latin America, to challenge the transitional arrangements of the 1980s and 1990s, which allowed the perpetrators of atrocities to go unpunished and, often, to remain in power.
These temporary accommodations with the ancien régime didn’t extinguish the victims’ thirst to bring their former tormentors to justice.
How did you go from Pinochet to Habré?
With Pinochet, we saw that universal jurisdiction could be used as an instrument to bring to book people who seemed out of the reach of justice.
Together with groups like Amnesty, the FIDH, and the ICJ (which wrote an important report on the Pinochet case and its lessons), we had meetings on who could be the “next Pinochet.”
That’s when Delphine Djiraibe of the Chadian Association for Human Rights asked us to help Habre’s victims bring him to justice in his Senegalese exile.
I was excited at the prospect of persuading a country in the Global South, Senegal, to exercise universal jurisdiction, because there was a developing paradigm of European courts prosecuting defendants from formerly colonized countries.
It took us 17 years, but Habré became the first prosecution ever of a former head of state using universal jurisdiction, and indeed the first universal jurisdiction trial in Africa.
1998 was a high water mark for international justice with the adoption of the ICC Rome Statute and Pinochet’s arrest. Neither the ICC nor universal jurisdiction have quite lived up to their expectations. Why?
International justice doesn’t operate in a vacuum, it’s conditioned by the global power structure. Each case, whether at the ICC level or the transnational level, is a product of the political forces which must be mobilized, or fended off, to allow a prosecution to proceed.
Those forces, particularly since September 11, 2001, have been hostile to human rights enforcement in general and to justice in particular. Universal jurisdiction has been subject to the same double standards as the ICC.
The Belgian and Spanish universal jurisdiction laws, which were the broadest in the world, were both repealed when they were used to investigate superpower actions.
But many of the most successful cases have been those in which the victims and their activist supporters have been the driving forces, have compiled the evidence themselves, built an advocacy coalition which placed the victims and their stories at the center of the justice struggle and helped create the political will in the forum state.
I’m thinking not just of Habré, but the genocide prosecution in Guatemala of the former dictator Efraín Ríos Montt, the case in Haiti of “President for Life,” Jean-Claude “Baby Doc” Duvalier, the Liberian cases brought around the world by Civitas Maxima and its partners, the Swiss cases initiated by TRIAL International, and the Syria litigation by ECCHR and others.
These cases were brought before domestic courts either of the country in which the atrocities took place (Guatemala, Haiti) or of foreign countries based on universal jurisdiction, rather than before international courts.
Most of these cases took advantage of legal regimes which allowed victims directly to participate in the prosecutions as “parties civiles,” or “acusación particular” rather than play passive or secondary roles in cases prosecuted solely by state or international officials.
How do victim-driven prosecutions look different than institutional cases?
When it’s the victims and their allies who get the cases before a court, who gather the evidence, and who have formal standing as parties, the trials are more likely to live up to their expectations.
In the Rios Montt case, for instance, the Asociación Para la Justicia y Reconciliacion (AJR) and the Centro Para la Acción Legal en Derechos Humanos (CALDH) mobilized the victims, developed the evidence, defined the narrative and, essentially, determined the outlines of the case and chose the witnesses who would testify for the prosecution.
In the Habré case, we spent 13 years building the dossier, interviewing hundreds of victims and former officials and uncovering regime police files. The victims’ coalition always insisted that any trial include crimes committed against each of Chad’s victimized ethnic groups, and that is exactly was happened.
In contrast, a distant prosecutor, disconnected from national narratives and inherently not accountable to the victims or civil society, can be tempted to narrowly tailor prosecutions in the hopes of securing a conviction or avoiding political resistance.
This was the case with the ICC in the Democratic Republic of the Congo, for instance, where, as Pascal Kambale has persuasively argued, it betrayed the victims’ hopes.
Millions of civilians died in the DRC and Luis Moreno Ocampo only went after two local warlords. I think the current prosecutor is paying more attention to local realities.
The inspiration from victim-driven cases is also greater, and they are to some degree replicable. As Naomi Roht-Arriaza has written, these cases “stirred imaginations and opened possibilities precisely because they seemed decentralized, less controllable by state interests, more, if you will, acts of imagination.”
When I showed Chadian victims video clips of the Ríos Montt trial, they saw in those images exactly what they were trying to do.
Just as the Chadians came to us in the Habré case seeking to do what Pinochet’s victims had done, our hope in getting the Habré case to trial was that other survivors would be inspired by what Habre’s victims had done and say, “you see these people, they fought for justice and never gave up. We can do that too.”
And indeed, Liberian victims and Gambian victims have patterned their campaigns for justice on what Habre’s victims did. So, the Pinochet case continues to be an inspiration.