Jun 18, 2020
The ICJ has urged United Nations Special Procedures to act in response to recent steps taken by the United States against staff of the International Criminal Court (ICC) and their families.
On 11 June 2020, the US President signed an Executive Order declaring a national emergency and authorizing the targeting and sanction of individual staff of the ICC engaged in efforts to investigate US and allied personnel, including as part of the Prosecutor’s investigation of the situation in the Islamic Republic of Afghanistan.
“These actions constitute a direct and reprehensible attack on the independence and impartiality of the International Criminal Court in an effort to subvert its important mandate, which includes providing justice to victims of the most serious crimes in international law,” said Kingsley Abbott, Coordinator of the ICJ’s Global Accountability Initiative.
“By referring the situation to the UN Experts, we hope they will issue a formal communication of concern and seek to persuade US authorities to end their ongoing attacks against the ICC and its staff.”
The ICJ addressed its letter to Ms Mary Lawlor, Special Rapporteur on the situation of human rights defenders, Mr Diego García-Sayán, Special Rapporteur on the independence of judges and lawyers, Mr Fabian Salvioli, and Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, urging them to:
- issue a public statement condemning these actions and reaffirming the importance of the ICC and its staff being able to fulfil the Court’s mandate free from interference; and
- send a communication to the United States urging it to reverse or revoke all orders, laws, policies or practices that interfere in or undermine the work of the ICC and its staff and refrain from taking steps or making comments in the future which may amount to interference in the independence and impartiality of the Court.
Background
On the same day the Executive Order was signed, US Secretary of State, Michael Pompeo, spoke to the media at a joint press conference.
Calling the ICC a “kangaroo court”, he announced that “the Trump Administration is taking the following actions”:
- authorizing the imposition of economic sanctions against ICC officials directly engaged in the ICC efforts to investigate U.S. personnel or allied personnel against that allied state’s consent, and against others who materially support such officials’ activities; and
- expanding visa restrictions for officials directly engaged in those same investigations including to their family members.
The UN Special Procedures of the UN Human Rights Council are independent human rights experts who hold specific country-focussed or thematic mandates.
They carry out a number of functions including reporting to and engaging in dialogue with States and civil society at the Human Rights Council, conducting country visits, engaging in advocacy, and acting on individual cases and concerns of a broader nature by sending communications to States and others in which they bring alleged violations to their attention.
On 21 September 2018, together with ten other organisations, the ICJ sent a joint letter to UN Special Procedures regarding threats made by the then US National Security Adviser, John Bolton, against the ICC and its staff in September 2018.
On 22 March 2019, UN experts Mr Michel Forst, then Special Rapporteur on the situation of human rights defenders, and Mr Diego García-Sayán, Special Rapporteur on the Independence of Judges and Lawyers, issued a press release expressing concern at Bolton’s remarks, reaffirming the important mandate of the ICC and saying they were in contact with the US authorities on the issue.
Contact
Kingsley Abbott, Coordinator of the ICJ’s Global Accountability Initiative, t: +66 94 470 1345; e: kingsley.abbott(a)icj.org
Universal-Letter to SP re ICC & US-Advocacy-Open letters-2020-ENG
Jun 18, 2020 | Advocacy, Non-legal submissions
Speaking at the UN Human Rights Council in Geneva today, the ICJ urged action on excessive use of force, including unlawful killings, disproportionately targeting people of African descent and other minorities, by police throughout the United States of America, as well as in other countries.
The statement, delivered during an urgent debate on “current racially inspired human rights violations, systemic racism, police brutality and the violence against peaceful protest” that was requested by African countries, read as follows:
“Black lives matter.
The International Commission of Jurists (ICJ) condemns widespread incidents of unlawful and unnecessary use of force, including lethal force, by police throughout the United States of America, disproportionately targeting people of African descent and other minorities.
Many jurisdictions in the United States disregard, in law and in practice, universal standards including under the International Covenant on Civil and Political Rights and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. These incorporate the requirements of proportionality and necessity and affirm that lethal force may only be used when strictly unavoidable to protect life. The ICJ is also concerned that doctrines of “qualified immunity” in practice result in impunity for extrajudicial killings and other serious human rights violations by police. The UN Human Rights Committee and the Committee against Torture, among others, have already called on the US to address these deficiencies in meeting their international legal obligations.
The United States is not alone in such abusive and racially discriminatory practices, which plague countries on every continent. While the Council is rightly giving long overdue attention to the United States, this must not serve as an excuse for any other State to fail to acknowledge and address similar violations within their own jurisdictions.
The ICJ supports calls for an independent international mechanism to address systematic racism in law enforcement in the United States and elsewhere.”
Apr 24, 2020 | News
On 24 April 2020, the ICJ, Thai Lawyers for Human Rights (TLHR) and the Cross Cultural Foundation (CrCF) made a joint supplementary submission to the UN Human Rights Committee on Thailand’s implementation of its human rights obligations under the International Covenant on Civil and Political Rights (ICCPR).
In their submission, the ICJ, TLHR and CrCF detailed their concerns in relation to Thailand’s failure to implement the Committee’s recommendations, including the ongoing human rights shortcomings of the country’s Constitutional and legal framework; the continued lack of domestic legislation criminalizing torture, other ill-treatment and enforced disappearance; and reports of torture and other ill-treatment. In addition, the three human rights organizations expressed concern over the use of the Emergency Decree on Public Administration in Emergency Situation to combat the COVID-19 outbreak, and measures imposed under the Decree that may constitute a blanket restriction on fundamental freedoms, including the rights to free expression, opinion, information, privacy and freedom of assembly and association, with no opportunity for the courts to review these extraordinary measures.
The organizations’ submission also describes human rights concerns with respect to the following:
Constitution and legal framework
- Head of the NCPO Order No. 22/2561; and
- Head of the NCPO Order No. 9/2562
Extrajudicial killings, enforced disappearances and torture
- continued lack of domestic legislation criminalizing torture, other ill-treatment and enforced disappearance;
- reports of extrajudicial killings, torture, other ill-treatment, enforced disappearances, and the progress and results of investigations;
- the application of security-related laws; and
- threats and reprisals against persons working to bring to light cases of alleged torture, ill–treatment and enforced disappearance.
Download
Thailand-UN-Human-Rights-Committee-Supplementary Submission-2020-ENG (English, PDF)
Thailand-UN-Human-Rights-Committee-Supplementary Submission-2020-THA (Thai, PDF)
Background
On 23 March 2017, during its 119th Session, the Human Rights Committee adopted its Concluding Observations on the second periodic report of Thailand under article 40 of the ICCPR.
Pursuant to its rules of procedure, the Committee requested Thailand to provide a follow up report on its implementation of the Committee’s prioritized recommendations made in paragraphs 8 (constitution and legal framework) 22 (extrajudicial killings, enforced disappearances and torture) and 34 (conditions of detention), within one year of the adoption of its Concluding Observations – i.e., by 23 March 2018.
On 18 July 2018, Thailand submitted its follow-up report to the Committee. The report was published on 9 August 2018.
On 27 March 2018, the ICJ, TLHR and CrCF made a joint follow-up submission to the UN Human Rights Committee. However, since then, there have been several developments that the three organizations wish to bring to the attention of the Committee through this supplementary submission.
The UN Human Rights Committee will review Thailand’s implementation of the prioritized recommendations during its 129th Session, in June/July 2020.
Further reading
ICJ and TLHR, Joint submission to the UN Human Rights Committee, 13 February 2017
ICJ, TLHR and CrCF, Joint follow-up submission to the UN Human Rights Committee, 27 March 2018
Mar 11, 2020 | Advocacy, Non-legal submissions
ICJ has joined other NGOs in urging India, Pakistan and the Human Rights Council, to take action to address the grave situation for human rights in Jammu & Kashmir.
The joint statement read as follows:
“Our organizations express grave concern over the human rights situation in Jammu & Kashmir, where the authorities imposed severe restrictions after a decision to revoke constitutional autonomy on 5 August 2019, including one of the world’s longest internet shutdowns, which the Indian Supreme Court has said violates the right to freedom of expression.
Hundreds were arbitrarily arrested, and there are some serious allegations of beatings and abusive treatment in custody, including alleged cases of torture. Three former chief ministers, other leading politicians, as well as separatist leaders and their alleged supporters, remain in detention under the Public Safety Act (PSA) and other abusive laws, many without charge and in undisclosed locations outside of Jammu & Kashmir. This violates fair trial safeguards of the criminal justice system and undermines accountability, transparency, and respect for human rights. Journalists and human rights defenders have been threatened for criticizing the clampdown. These violations, as those committed over the past decades, are met with chronic impunity.
We urge the government of India to ensure independent observers including all human rights defenders and foreign journalists are allowed proper access to carry out their work freely and without fear, release everyone detained without charge, and remove restrictions on the rights to freedom of expression and freedom of movement, including where they have been denied the right to leave the country by being placed on the ‘Exit Control List’.
We also call on the governments of India and Pakistan to grant unconditional access to OHCHR and other human rights mechanisms to Kashmir.
We further urge the Council to establish an independent international investigation mechanism into past and ongoing crimes under international law and human rights violations by all parties in Kashmir, as recommended by the UN High Commissioner for Human Rights.
Thank you.
- Amnesty International
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- CIVICUS – World Alliance for Citizen Participation
- Human Rights Watch
- International Commission of Jurists
- International Federation for Human Rights Leagues (FIDH)
- International Service for Human Rights
- World Organisation Against Torture (OMCT)”
Mar 10, 2020 | Advocacy, Non-legal submissions
The ICJ and other NGOs today highlighted the discriminatory character of India’s Citizenship Amendment Act, and called for accountability for violence and excessive use of force in relation to protests against it, today at the Human Rights Council in Geneva.
The joint statement, delivered in a general debate, read as follows:
“India’s Citizenship (Amendment) Act, 2019 (CAA) arbitrarily excludes certain groups at risk of persecution, such as Muslims, from accessing an expedited path to citizenship, based on their religious affiliation.
The CAA is inconsistent with rule of law principles and international law, including the right to equality before the law and the right to non-discrimination, protected under human rights treaties such as the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination, to which India is a party.
The implementation of the National Register of Citizens (NRC) in Assam risks making 1.9 million persons stateless. A nationwide NRC will put more people at risk.
Our organizations urge the Indian government to amend the CAA to ensure that any path to citizenship provides for equal protection for persecuted persons, and does not discriminate on grounds such as religion or national origin.
We also urge India to develop a comprehensive refugee law that addresses the plight of persecuted minorities in a non-discriminatory manner, and to accede to the 1951 Refugee Convention and its 1967 Protocol.
We further call on India to respect the right to peaceful assembly, and to ensure accountability for those alleged to have instigated violence or used excessive force in relation to the nationwide protests against the CAA.”
The statement was delivered by ICJ on behalf also of Asian Forum for Human Rights and Development (FORUM-ASIA), CIVICUS – World Alliance for Citizen Participation, Human Rights Watch, International Service for Human Rights (ISHR), Minority Rights Group International, and World Organization against Torture (OMCT).
The statement can be downloaded in PDF format here: ICJ statement GD item 4 India (10-03-2020)
