The ICJ and the Colombian Commission of Jurists today jointly addressed the UN Human Rights Council in the Interactive Dialogues on the Reports of the UN Special Rapporteur on extra-judicial, summary or arbitrary executions and the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association.
The Second Berlin Conference on Libya, taking place on 23 June, should focus on ensuring accountability for crimes under international law and guaranteeing that the transitional justice process is fully consistent with international law and standards as its key priorities, the ICJ said today.
هذا البيان الصحفي متوفر باللغة العربية أيضاً
“The Berlin II Conference must bring accountability to the top of the political agenda in Libya”, said Saïd Bernarbia, the ICJ MENA Director.
“The necessity to hold the 24 December elections cannot sideline the need for the Libyan authorities to hold perpetrators of crimes under international law to account and to end impunity for past and ongoing human rights abuses. Time and again experience from around the world has shown that accountability is crucial for a sustainable political solution.”
The 19 January 2020 Berlin Conference Conclusions stressed “the need to hold accountable all those who have violated provisions of international law”, and encouraged the Libyan authorities to strengthen “transitional justice institutions, including prosecution initiatives, reparations, truth-seeking and institutional reform.” A dedicated Working Group on human rights and international humanitarian law was created to implement such conclusions.
The Berlin II Conference must follow up on these commitments and give priority to ensuring that crimes under international law committed by all parties in Libya be effectively investigated with a view to holding perpetrators to account.
“The transitional justice process must be prioritized with a view to establishing the truth about past and ongoing gross human rights violations and abuses, upholding victims’ right to remedies and reparations, including by providing guarantees of non-repetition”, Benarbia said.
The Berlin II Conference should also support the work and mandate the UN Independent Fact-Finding Mission on Libya established by the Human Rights Council in June 2020.
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
Asser Khattab, Research and Communications Officer, ICJ Middle East and North Africa Programme, e: asser.khattab(a)icj.org
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:
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
As the third anniversary of the opening of trials before Tunisia’s Specialized Criminal Chambers (SCC) is approaching, the ICJ denounces the Tunisian authorities’ failure to adopt reforms necessary to advance accountability and justice for victims of gross human rights violations.
هذا البيان الصحفي متوفر باللغة العربية أيضاً
Trials before the SCC started on 29 May 2018. Since that first hearing, evident gaps and shortcomings in the Tunisian Criminal Code, the Code of Criminal Procedure and the Transitional Justice law have undermined efforts to hold perpetrators to account, bring justice to victims and prevent recurrence of gross human rights violations in the future.
“The Tunisian authorities have abdicated their responsibility to ensure the effective functioning of the SCC, depriving judges of basic tools to ensure that trials are conducted without undue delay and consistent with international fair trial standards,” said Said Benarbia, the ICJ’s MENA Programme Director.
Many offences referred by the Truth and Dignity Commission to the SCC are not adequately defined in the Tunisian law. Judicial rotation occurs mid-way through SCC trials, impacting the continuity of trials. Prosecutors are not effectively engaged in the conduct of trials. Accused are absent in most of the SCC trials, and the transitional justice framework does not provide for appeal chambers.
“By failing to address these obstacles, the Tunisian authorities are undermining the right of victims to truth and to effective remedies, and betraying the very promise of the transitional justice process to end impunity,” added Benarbia.” It’s high time for them to reverse course and live up to that promise.”
Background information
The ICJ has recommended reform to ensure the compliance of SCC proceedings with international law and standards, including through:
In addition to the above reforms, the Tunisian authorities should remove all obstacles preventing the SCC and other judicial authorities from exercising their function in a manner that complies with international standards. To this end, the authorities should:
These recommendations are informed by the ICJ Practical Guide Series on Accountability Through the Specialized Criminal Chambers and 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).
The SCC 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.
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 former government.
In a briefing paper published in October 2020, the ICJ called on the Tunisian authorities to undertake substantial legal and policy reforms with a view to strengthening accountability and removing all obstacles preventing the SCC from functioning effectively.
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
The ICJ launched a new briefing paper Nepal: Transitional Justice Mechanisms with Gender Perspective in a webinar held on 12 May 2021.
The discussion included the need to give practical effect to Nepal’s obligation under international law to ensure the right to an effective remedy to the victims, including women victims of sexual and gender-based violence during the country’s internal armed conflict (1996 – 2006). Participants focused in particular on the need to ensure that gender issues are incorporated in the transitional justice mechanism.
The Honourable Kalyan Shrestha, former Chief Justice of the Supreme Court of Nepal and ICJ Commissioner, stressed the importance of the role of the Supreme Court of Nepal in establishing landmark jurisprudence on transitional justice.
Justice Shrestha explained how despite the fact that the country had established a progressive Constitution and amended legislation to provide for equality, non-discrimination and access to justice, women victims and survivors of a decade long armed conflict continued to face real barriers to justice. These including short periods of statute of limitations preventing the filing rape and sexual violations cases and lack of support mechanisms for women, which compounded existing economic pressure and social obstacles.
Bandana Rana, Member of the UN Committee on the Elimination of Discrimination against Women (CEDAW), addressed the situation of sexual and gender – based violence against women in Nepal during the armed conflict. She said that Nepal was bound by clear international legal obligations, including under the CEDAW and other treaties. Yet the Nepali government has not taken effective measures to ensure access to justice and the right to an effective remedy to the victims of SGBV during the conflict.
Laxmi Pokharel, ICJ Legal Adviser, summarized the ICJ’s briefing paper on “Nepal: Transitional Justice Mechanisms with Gender Perspective”. The Paper’s major recommendations, to the Government of Nepal, are:
The webinar was jointly organized by ICJ in collaboration with the United Nation’s Office of the High Commissioner for Human Rights (OHCHR) and UN Women. This event was organized under the ‘Enhancing Access to Justice for Women in Asia and the Pacific’ project funded by the Swedish International Development Cooperation Agency (SIDA). Due to the COVID – 19 pandemic the webinar was conducted virtually and live broadcasted on Facebook. It was conducted in English language and simultaneous translation in Nepali language was also available.
Contact
Laxmi Pokharel, ICJ Legal Adviser – Nepal, email: laxmi.pokharel(a)icj.org
Download
Briefing paper on “Nepal: Transitional Justice Mechanisms with Gender Perspective” (full report in PDF)
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