Oct 25, 2011 | News
It was with great sadness that the ICJ learned today of the passing of Professor Antonio Cassese who died this weekend at the age of 74 following a long fight with illness.
Professor Cassese was an Honorary Member of the ICJ having previously served as an ICJ Commissioner between 1995 and 2005. He was a distinguished figure in international justice, serving in a number of significant legal roles, and held the position of Professor of International Law at the University of Florence from 1975 until 2008.
Our thoughts and condolences are with his family.
Oct 17, 2011 | Advocacy, Analysis briefs, News
The Maastricht Centre for Human Rights and the ICJ are pleased to announce the adoption of the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights.
These international legal principles clarify the human rights obligations of States beyond their own borders.
principles obligations adopted-press release-2011 (full text in English, PDF)
Maastricht principles-analysis brief-2011 (full text in English, PDF)
Oct 17, 2011 | News
The ICJ and the Law association of Zambia jointly undertook the monitoring and observation the Zambian 2011 tripartite elections, which were held on20 September 2011.
Zambia-ICJ-LAZ statement-press release-2011 (full text in English, PDF)
Oct 15, 2011
In its groundbreaking decision in L.C. v. Peru in 2011, CEDAW held that Peru had violated the Convention on the Elimination of all forms of Discrimination against Women (CEDAW Convention).
The case, which was brought by the Center for Reproductive Rights and PROMSEX, concerned a young girl who became pregnant following sexual abuse and who suffered serious physical harm and paraplegia after a subsequent suicide attempt.
In order to protect her health and enable her to obtain necessary surgery and other medical treatment, a therapeutic abortion was indicated.
However, hospital officials refused to sanction the procedure despite the fact that abortion is permitted in Peru when necessary to protect the health and life of the mother.
No timely and effective procedure was in place to enable the girl or her family to challenge this decision before an independent authority.
At the request of the applicants the ICJ submitted an Expert Legal Opinion to the Committee.
The ICJ brief addressed the nature of the obligation to take steps to guarantee the enjoyment of rights in practice and highlighted the emerging consensus among international authorities that States must put in place effective processes by which women and girls can vindicate their right to an abortion in cases where their health or lives are at stake or where abortion is otherwise legal in State.
In its views the Committee found that violations of the CEDAW Convention had occurred and among other things considered that Peru must establish effective mechanisms to enable women to have access in practice to those abortion services in cases where their health or lives are at stake or where abortion is otherwise legal in State.
Steps by Peru to consider the decision and take effective measures to address the violations identified are now vital. Until such measures are taken, including through making reparation to the individual victim and taking steps to guarantee non-repetition, the violations identified will likely continue.
Peru-Legal Opinion ICJ LC v. Peru-legal submission-2011 (full text in PDF)
For a copy of CEDAW views click here
Oct 14, 2011
During its 47th session, the UN Committee against Torture will undertake an examination of the combined third and fourth periodic reports of Sri Lanka.
In preparation for this examination, and in response to Sri Lanka’s combined report, the Committee issued a list of issues to be considered during the forthcoming examination.
The ICJ has submitted a parallel report to the Committee against Torture, which includes replies to aspects of some questions in the Committee’s list of issues, and sets out concrete recommendations for Sri Lanka’s implementation of obligations under the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
The ICJ’s submission addresses issues concerning: the definition of torture; the crime of enforced disappearances; rights on arrest or detention; habeas corpus; contemporary issues at the provincial level; non-refoulement; witness protection legislation; reparation mechanisms for victims; and the prohibition on the admission as evidence of information obtained by torture.
Sri Lanka-torture-analysis brief-2011 (full text, PDF)