Military Courts and Human Rights: oral statement to UN Human Rights Council

Military Courts and Human Rights: oral statement to UN Human Rights Council

The Colombian Commission of Jurists, an affiliate of the ICJ, today called for the UN Human Rights Council to uphold the use of civilian courts, rather than military tribunals, to try civilians and to adjudicate claims for human rights violations.

An oral statement to the UN Human Rights Council highlighted that:

  • military tribunals should as a matter of principle have no jurisdiction to try civilians or to adjudicate claims of serious human rights violations;
  • These matters should be the domain of civilian courts; and
  • The jurisdiction of military tribunals should be restricted to specifically military offenses committed by military personnel.

The oral statement emphasised to the global reach of the issue, referring by way of example to the military commissions established by the United States of America at Guantánamo Bay, as well as recent negative developments in Colombia, Egypt, Thailand and Pakistan.

The statement noted that the Principles Governing the Administration of Justice Through Military Tribunals presented to the Commission on Human Rights by Emmanuel Decaux in 2006 (UN Doc E/CN.4/2006/58), are widely referenced, but have yet to receive full recognition by the Human Rights Council. The statement added its support to the calls by the Special Rapporteur on Independence of Judges and Lawyers, the Working Group on Arbitrary Detention, and others, for the Council to endorse and seek implementation of the Principles without further delay.

The statement responds to an expert consultation on the administration of justice through military tribunals convened by the Council (UN Doc A/HRC/28/32).

The full oral statement can be downloaded in pdf format here: Advocacy-HRC28-MilitaryCourts-OralStatement-2015

Said Benarbia, Director of ICJ’s Middle East North Africa Programme participated in the expert consultation.

His statement can be found here: MENA-Military Courts HRC28-Advocacy-2015-ENG (full text in PDF).

Thailand exercised its right of reply, which can be viewed in the UN webcast archive, here.

joint statement on reports by Independent Experts on Human Rights and the Environment and on Foreign Debt

joint statement on reports by Independent Experts on Human Rights and the Environment and on Foreign Debt

The ICJ supported a statement commenting on the respective reports by the Independent Expert on the Environment and Human Rights and the Independent Expert on Foreign Debt and its impact on Human Rights.

In the context of the Interactive Dialogue with the Independent Experts in the 28th Session of the Human Rights Council, Franciscans International and the Center of Concern, with the support of the ICJ, noted that the reports address, from different perspectives, a wide range of connections between the private sector and governments that many times result in human rights abuses.

The report by the Independent Expert on human rights and the environment, presented an encouraging set of good practices to mitigate environmental damage and its human rights impact.

The report by the Independent Expert on Foreign Debt and its impact on human rights highlighted the links between private lending and the abuses committed by authoritarian regimes.

This report will be followed by another report on applicable legal standards and analysis of whether additional international standards are needed.

Universal-Statement on BHR at HRC28-Advocacy-2015-ENG (full text in PDF)

International Law and the Fight Against Impunity: ICJ Practitioners Guide No 7 now available in English

International Law and the Fight Against Impunity: ICJ Practitioners Guide No 7 now available in English

Initially published in Spanish in September 2014, the seventh book of the ICJ series of Practitioners Guides has now been translated into English.

It can be downloaded here or below:

Universal-Fight against impunity PG no7 comp-Publications-Practitioners’ guide series-2015-ENG (full English Guide in PDF)

Universal-Lucha contra la Impunidad PG7-Publications-Practitioners’ guide series-2014-SPA (full Spanish Guide, in PDF)

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