The Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights, an independent group of experts appointed by the ICJ in October 2005, is in Brussels this week.
The ICJ today called for criminal and other investigations in Poland and Romania, following a report which confirms that the highest authorities of both countries authorised CIA secret detentions on their territories.
The ICJ sets out its views on the human rights compatibility of offences of incitement to acts of terrorism, and on the appropriate limits of such offences in European Union law and in the national laws of European states.
In its Response to the European Commission Consultation on Inciting, Aiding or Abetting Terrorist Offences, submitted on 15 February 2007, the ICJ concludes that incitement to acts of terrorism should be a criminal offence only where there is a subjective intention to incite acts of terrorism, and where the speech concerned causes the commission of an act of terrorism or an imminent risk of such an act. There is a risk that broadly-worded offences of apologie, encouragement, justification or glorification of terrorism will lead to violations of the right to freedom of expression and of the principle of legality, and will have a chilling effect in inhibiting constructive debate, in particular in minority communities. The full submission is attached below.
Europe-EC Consultation Terrorist Offences-non-judicial-submission-2007 (full text, PDF)
In its November 2006 written submission to this instance, the ICJ analyses the international law obligations of the United States in relation to renditions.
The ICJ also analyses the human rights obligations of European states which actively co-operate in renditions or secret detentions, or fail to take adequate steps to protect against them.
It concludes that, in light of the systematic nature of the breaches of norms of higher international law, including the prohibition against torture, involved in the system of renditions and secret detentions, there are obligations on European states, not only to refrain from co-operation with or recognition of this system, but to take co-operative measures to bring the situation to an end. The full submission is attached below.
Europe-European Parliament-CIA transportation detention prisoners-non-judicial submission-2006 (full text, PDF)
The submission was co-authored by Global Rights, the International Gay and Lesbian Human Rights Commission ( IGLHRC), the ICJ, Mullabi – Espacio Latinamericano de Sexualidades y Derechos and others.
The authors suggest that in the text, the words “gender identity and expression” are added after the word “gender”.
The text of the submission is available in both Spanish and English and it is the last contribution in this document.
Americas-OAS Convention against Racism-non-judicial submission-2006
Civil Society Statement Ahead of Cour de Cassation Hearing on Immunities for State Officials in the Case of Bashar al-Assad
Palestine/Israel: Israel must immediately stop its criminal forcible displacement in Gaza
ICJ Submission on draft General Comment No. 27 on Children’s access to justice and effective remedy
HRC59: ICJ Statement in the interactive dialogue on the High Commissioner’s report on Venezuela – addressing arbitrary detention and repression of civic space