Jul 7, 2020 | Advocacy, Non-legal submissions
The ICJ, along with other NGOs, made a joint submission in response to the call for written contributions in advance of the General Assembly’s review of the UN human rights treaty body system and of the effectiveness of the measures taken to strengthen the system in Resolution 68/268 (2014).
The submission reiterates the ICJ’s strong commitment to the treaty body system, and reiterates that it is essential that UN Member States adequately support this key component of the UN’s human rights architecture.
Download the submission here: Universal-NGO response to TBSP cofacs questions-Advocacy-non legal submissions-2020-ENG
Jun 18, 2020 | Advocacy, Non-legal submissions
At the UN Human Rights Council, the ICJ today welcomed a pending resolution that would create an international Fact-Finding Mission on Libya.
The statement read as follows:
“The International Commission of Jurists welcomes the oral update by the High Commissioner for Human Rights on the situation in Libya.
The ICJ is seriously concerned by the escalation of conflict in Libya and the increasing number of violations and abuses of international law including unlawful killings and attacks on civilian objects committed since this session was suspended in March. Just last week, at least eight mass graves were found, mainly in Tarhuna, in which the bodies of women and children were found.
The ICJ welcomes the High Commissioner’s recommendation that the Human Rights Council establish an international investigative body and calls on the Council to adopt the resolution tabled by Libya establishing a Fact-Finding Mission to investigate and preserve evidence of violations of international human rights law and international humanitarian law committed by all parties in Libya.[1] The ICJ calls on States to ensure the Fact-Finding Mission has at least one full year to complete its work.
As the Berlin Conference conclusions stressed,[2] accountability for gross human rights violations must be a key component of the political process in Libya. States must increase efforts to guarantee accountability remains front and centre in all negotiations on the future of Libya and provide full support including cooperation and resources to the Fact-Finding Mission for Libya once established.”
[1] A/HRC/43/L.40.
[2] https://www.bundesregierung.de/breg-de/aktuelles/the-berlin-conference-on-libya-1713868.
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
