Oct 11, 2019 | News
The ICJ in partnership with the International Committee of the Red Cross (ICRC) convened the 2019 International Humanitarian Law (IHL) moot court competition.
The IHL moot court competition brought together 12 law students from Great Zimbabwe University, Midlands State University, University of Zimbabwe and Zimbabwe Ezekiel Guti University; to engage with IHL issues.
The Great Zimbabwe University students won the competition and will participate in the All Africa Moot Court Competitions to be held in Arusha, Tanzania representing Zimbabwe.
Moot Court competitions are a part of the philosophy of developing a conscientious lawyer and contributing to law graduates who have an affinity for defending human rights and the rule of law. IHL incorporates human rights principles in times of war. As a result, understanding IHL allows students to have an understanding of the application and limitations of human rights during times of war. The moot court competitions additionally equip the students with an invaluable opportunity to develop key advocacy skills.
“The moot competition gives law students the opportunity to have experiential learning and can be one among an array of interventions that could be done to supplement the university education of lawyers in Zimbabwe that has not been very strong on human rights and humanitarian law,” said Arnold Tsunga, Director of ICJ’s Africa Regional Programme.
The competition was held from 8 October to 11 October 2019. On 8 October the law students underwent an advocacy boot camp which was a full training day on advocacy skills. The four law faculties participated in a preliminary round on 9 October. The top two, Great Zimbabwe University and Midlands State University qualified for the final round. The winning team, Great Zimbabwe University will participate in the All Africa Moot Court Competitions which brings together IHL national champions from all over Africa.
The competition was supported by the European Union.
Contact
Arnold Tsunga, t: +26377728 3248; e: arnold.tsunga(a)icj.org
Rumbidzai Muyendesi, t: +263771666579; e: rumbidzai.muyendesi(a)icj.org
Sep 21, 2019 | Advocacy
The ICJ has joined several hundred organizations working to defend human rights, the environment, and climate justice in a bold declaration setting out a vision and objectives for addressing the climate crisis and the devastating human rights and environmental impact of catastrophic climate change.
The Declaration was adopted at a gathering of the the Peoples’ Summit on Climate, Rights and Human Survival in New York on 18-19 September, which brought together some 200 representatives of Indigenous Peoples, workers, academia, environmental and human rights groups, including the ICJ.
The Declaration warns that “the climate emergency threatens human survival, the environment and the enjoyment of all human rights, for present and future generations.”
It emphasizes that governments and corporations bear the primary responsibility for acting to address and reverse the drivers of climate change.
The signatories to the Declaration agreed to 10 types of actions, including, among others, placing human rights at the core of climate activism, demanding effective access to justice for individuals and communities whose rights are impacted by the climate crisis, and support for environmental human rights defenders.
Download
Universal-Peoples Summit Declaration CC-Advocacy-2019-ENG (full declaration in PDF)
Aug 27, 2019 | News
Following the killing of an Afghan boy in the Moria reception center in Greece, the ICJ calls on the Greek authorities to effectively implement measures of protection prescribed to Greece this May by the European Committee on Social Rights.
According to information by the UN High Commissioner for refugees, the 15-year-old Afghan boy was killed and two other boys injured after a fight broke out at the Moria reception centre on the Greek island of Lesvos.
The safe area at the Moria Reception and Identification Centre, RIC, hosts nearly 70 unaccompanied children, but more than 500 other boys and girls are staying in various parts of the overcrowded facility without a guardian and exposed to exploitation and abuse.
“This is not a situation unique to Moria. In other parts of Greek islands and also on mainland Greece human rights of migrant children are being violated,” said Karolína Babická, ICJ Legal Adviser.
Security of children as well as access to basic needs, such as appropriate shelter, food water or medical care, were the focus of a recent case the ICJ brought together with ECRE and Greek Council for Refugees (GCR) to the European Committee on Social Rights (ECSR).
The ECSR acknowledged the urgency of the situation and decided on immediate measures in the case already on 23 May 2019.
“It is unacceptable that the decision on interim measures has not yet been implemented by the Greek government and now we have to witness such tragic events like a death of a child in the camp,” said Karolína Babická.
“It is a sad wake-up call to the Greek administration that the situation cannot remain like this,” she added.
In its decision, the Committee members required the Greek government to immediately provide migrant children with appropriate shelter, food, water, education and medical care; to remove unaccompanied migrant children from detention and from Reception and Identification Centers (RICs) at the borders, place them in suitable accommodation for their age and appoint effective guardians.
“Greece must urgently bring those children to safety and make sure their basic needs are met and human rights are protected, in order to comply with its international legal obligations,” said Róisín Pillay, ICJ Europe and Central Asia Programme Director.
Contact:
Karolína Babická, Legal Adviser, ICJ Europe and Central Asia Programme, m +32 475 46 2067 ; e: Karolina.Babicka(a)icj.org
Aug 19, 2019 | Advocacy, Cases, Legal submissions
The International Commission of Jurists, the Turkey Human Rights Litigation Support Project and Human Rights Watch have jointly intervened before the European Court of Human Rights in the case of Taner Kiliç, former Chair of the Board of Amnesty International Turkey.
Taner Kiliç is a Turkish human rights defenders. He had been Chair of the Board of Amnesty International Turkey since 2014.
He was arrested on 6 June 2017 on reportedly unsubstantiated charges of “membership of a terrorist organisation” and was released on bail on 15 August 2018 after having spent 14 months in detention.
His case before the European Court of Human Rights challenges the lawfulness of his pre-trial and on remand detention, the violations of his right to judicial review of his detention, and of his freedom of expression and association, considering his arrest linked to his work as leader of a NGO.
As the interveners have written to the Court, this case epitomises some of the most fundamental human rights challenges in Turkey today.
These involve widely documented restrictions on freedom of expression, association, and assembly of human rights defenders (HRDs) and rapidly closing civil society space.
The interveners have submitted observations on:
- the factual context in respect of the situation facing HRDs in Turkey;
- international standards governing obligations towards HRDs of relevance to the Court’s interpretation of the European Convention on Human Rights, including the limits prescribed by Article 18;
- key principles necessary for a rule of law approach to the application of the criminal law, against the legal and practical pattern of excessive resort to criminal law against HRDs in Turkey today.
Turkey-ECtHR-icj&others-Kilic-Advocacy-legal submission-2019-ENG (download the third party intervention)
Photo credit: Amnesty International
Aug 6, 2019 | News
The Indian Government’s revocation of the autonomy and special status of Jammu and Kashmir violates the rights of representation and participation guaranteed to the people of Jammu and Kashmir under the Indian Constitution and in international law and is a blow to the rule of law and human rights in the state and in India, the International Commission of Jurists (ICJ) said.
The Indian Government today pushed through a legislative package effectively eliminating the special status accorded to Jammu and Kashmir under Article 370 of the Indian Constitution, which granted autonomy to Jammu and Kashmir and limited the Indian Government’s legislative powers in the state. The move was preceded by a communication blackout, arbitrary detention of political leaders, banned movement and meetings of people, and increased military presence, purportedly to quell protests.
“The Indian Government has pushed through these changes in contravention of domestic and international standards with respect to the rights of people in Jammu and Kashmir to participate and be adequately represented, accompanied by draconian new restrictions on freedoms of expression, assembly, and travel, and with an influx of thousands of unaccountable security personnel,” said Sam Zarifi, ICJ’s Secretary General.
“The legality of the Indian Government’s measures to eviscerate Article 370 will certainly be tested before the Indian judiciary, which should look closely at the serious violations of proper legislative and Constitutional processes,” Zarifi said. “All eyes are now on the Indian Supreme Court to fulfill its functions in defense of the rights of people of Jammu and Kashmir and the Indian Constitution,” Zarifi said.
The procedure adopted to revoke the special status and autonomy of Jammu and Kashmir appears to be incompatible with judgments and observations of high courts and the Indian Supreme Court, who have clarified that the President of India would need the agreement of the government of Jammu and Kashmir to change its status. The amendments effectively render Article 370 inoperative in its entirety, without meeting the Constitutional requirements in spirit.
The revocation of special status of Jammu and Kashmir without agreement from the state government is contrary to the spirit of Article 370, which envisioned that the will of the people would be taken into account in decisions relating to state’s special status and autonomy.
“The Indian Government rushed through the amendments at a time when Jammu and Kashmir was under the direct rule of the Central Government, and the state legislature was dissolved. As the government of Jammu and Kashmir is not empowered to discharge its functions, it has not been consulted, let alone agreed to the revocation,” Zarifi said.
“The lack of consultation with the people of Kashmir is all the more troubling because the changes pushed by the Indian Government will materially affect Kashmir’s status as India’s only Muslim-majority state, including special rights for citizens of the state to own and hold land and seek education and employment,” Zarifi said.
The Office of the United Nations High Commissioner for Human Rights (OHCHR) in successive reports in 2018 and 2019 has noted that the region of Jammu and Kashmir, under dispute between India and Pakistan since 1947, has been the theatre of grave human rights violations, including unlawful killings, enforced disappearances and torture, committed with impunity by Indian security forces.
The UN High Commissioner for Human Rights in both reports recommended to the Indian Government to “fully respect the right of self-determination of the people of Kashmir as protected under international law”.
The ICJ condemns the legislative steps taken with respect to Jammu and Kashmir, and calls on the Indian Government to implement in full the UN High Commissioner’s recommendations, including respecting the right to self-determination of people of Jammu and Kashmir, and to respect, protect and fulfill the human rights of people in Jammu and Kashmir.
Contact
Sam Zarifi, ICJ Secretary General,e: sam.zarifi(a)icj.org, t: 41 (0)22 979 38 00
India-Jammu Kashmir and Autonomy-News-press release-2019-ENG (full story with additional information, in PDF)
