UN: ICJ intervention in the panel discussion on human rights of migrants in detention centres

UN: ICJ intervention in the panel discussion on human rights of migrants in detention centres

The ICJ wants that alternative to detention become the cornerstone of every migration policy.

In a statement at the UN Human Rights Council Panel on Human Rights of Migrants in detention centres, the ICJ drew attention to the fact that States increasingly treat migrants, refugees and asylum seekers, as a potential threat to state security, and automatically subject them to measures such as administrative detention.

Response to the European Commission Consultation on Inciting, Aiding or Abetting Terrorist Offences

Response to the European Commission Consultation on Inciting, Aiding or Abetting Terrorist Offences

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)

Submission to European Parliament Temporary Committee on Alleged Use of European countries by the CIA for the Transportation and Illegal Detention of Prisoners (TDIP)

Submission to European Parliament Temporary Committee on Alleged Use of European countries by the CIA for the Transportation and Illegal Detention of Prisoners (TDIP)

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)

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