Nov 6, 2023 | News
Today, the African Court of Human and Peoples’ Rights (AfCHPR) opens its 71st Ordinary Session. To mark the occasion, the International Commission of Jurists (ICJ), in collaboration with inkyfada, looks back at AfCHPR’s September 2022 judgement against Tunisia, in which it ordered the republic to return to constitutional democracy and establish an independent constitutional court. The ICJ examines the impact of the judgement on human rights in Tunisia, and how individuals can operationalize the AfCHPR to challenge the curtailment of fundamental freedoms, judicial independence and rule of law in Tunisia.
ICJ’s questions and answers:
It has been more than a year since the African Court on Human and People’s rights issued its judgment in case No. 017/2021, “Ibrahim Ben Mohamed Ben Brahim Belguith v. Republic of Tunisia”, of 22 September 2022. The case was brought by Mr. Belguith, a national of Tunisia and a lawyer, who complained of violations of his rights under the African Charter on Human and Peoples’ Rights and other human rights instruments as a result of the promulgation of several Tunisian presidential decrees adopted under the “state of exception” pursuant to article 80 of the 2014 Constitution since 25 July 2021. In this judgment, the African Court ordered Tunisia to repeal these decrees, to return to constitutional democracy within two years and to ensure the establishment and operation of an independent constitutional court within the same period.
What does this judgment mean and why is it important for the rule of law and human rights in Tunisia? The ICJ provides answers in the Q&A below:
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- What is the African Court on Human and Peoples’ Rights?
* The African Union
* The African Charter on Human and Peoples’ Rights
* The African Commission on Human and Peoples’ Rights
* The African Court on Human and Peoples’ Rights
* Tunisia’s adherence to the African Human Rights System
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- Why was the African Court seized of the situation in Tunisia? Contextual overview
* President Kais Saied’s power grab of 25 July 2021
* The absence of a Constitutional Court
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- What did the 22 September 2022 judgment rule?
* How the African Court came to rule on the matter: the application
* What the judgment ruled:
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- What are the next steps?
* Implementation
* Other complaints against Tunisia pending before the African Court
Download the full Q&A in English here
Download the full Q&A in French here
Download the full Q&A in Arabic here
Nov 2, 2023 | News
The International Commission of Jurists renews its call for an immediate ceasefire in the Gaza Strip following the most recent Israeli attacks on the densely populated Jabalia refugee camp in northern Gaza on 31 October and 1 November 2023.
According to the Gaza Health Ministry, the two strikes killed at least 195 people. The Israel Defence Forces (IDF) claimed that the 31 October airstrike targeted and killed Ibrahim Biari, a claim Hamas denied. The IDF further claimed that Biari was one of the Hamas commanders responsible for the 7 October attacks in Israel.
Intentionally directing an attack against civilians or civilian objects or intentionally launching an attack knowing it will cause disproportionate civilian harm is a war crime. The Office of the UN High Commissioner for Human Rights expressed concern that these attacks may be “disproportionate attacks that could amount to war crimes”.
Gaza’s Health Ministry maintains that the number of Palestinians killed since 7 October has surpassed 9,000 and the Committee on the Rights of the Child has expressed concern that more than 3,500 children have been killed.
The ICJ considers that an immediate, durable and fully respected ceasefire by all sides, and an immediate cessation of hostilities in the Gaza Strip, including direct, indirect and disproportionate attacks on civilians and civilian objects, are necessary to stop further loss of civilian life.
According to the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, there is already clear evidence that war crimes may have been committed in Israel and Gaza since 7 October.
In this regard, the ICJ notes the visit by the Prosecutor of the International Criminal Court, Karim Khan KC, to the Rafah Crossing on the Gaza-Egypt border on 29 October 2023 and, in particular, commends his commitment to investigate the ongoing attacks, and his call for all further attacks to cease immediately. The Prosecutor confirmed that his Office has an ongoing investigation with jurisdiction over the Palestine situation, including current events in Gaza.
In light of the above, the ICJ considers that, only an immediate ceasefire will prevent war crimes, and prevent the risk of crimes against humanity and genocide.
The ICJ calls upon Palestinian armed groups to adhere to their obligations under international humanitarian law, including by releasing all hostages in their custody, and urges the IDF, particularly its military advocate generals, to ensure full respect for international humanitarian law in the conduct of hostilities.
Contact:
Said Benarbia, Director, ICJ’s Middle East and North Africa Programme, email: said.benarbia@icj.org
Katherine Iliopoulos, Legal Adviser, ICJ’s Middle East and North Africa Programme, email: katherine.iliopoulos@icj.org
Oct 23, 2023
A new question-and-answer briefing by the International Commission of Jurists (ICJ) examines recent developments that have detrimentally affected the right to freedom of association in Libya against the backdrop of an increasing crackdown on Civil Society Organizations (CSOs). Among such negative developments, the authorities have even begun enforcing repressive Gadhafi-era legislation, namely, Law No. 19 of 2001, which had not been enforced since the 2011 uprising.
.هذا البيان الصحفي متوفر باللغة العربية أيضاً
Said Benarbia, ICJ Middle East and North Africa Programme Director, said:
“Instead of subjecting them to the ongoing, relentless crackdown, Libyan authorities must ensure that independent CSOs be able to discharge their functions in defence of the rule of law and human rights independently, without political interference, undue restrictions, harassment, fear of intimidation or reprisal.”
The briefing analyzes the country’s legal framework and its compliance with domestic and international human rights law and standards. It answers the following questions:
- How has the legal framework regulating the right to freedom of association in Libya become more restrictive recently?
- Does the legal framework currently enforced by the Libyan authorities meet domestic and international human rights law and standards on the right to freedom of association?
- What are the impacts of the increasing restrictions on freedom of association on the rule of law and human rights?
Based on the analysis featured in the Q&A and with a view to ensuring full compliance with Libya’s obligations under international human rights law and relevant standards, the ICJ calls on the Libyan authorities to ensure that:
- All existing laws and decrees on CSOs be abolished, and new ones be adopted in accordance with Libya’s obligations under international human rights law and standards. Until then, the authorities shall ensure that any frameworks by the Government of National Unity or the Government of National Stability on the registration, functioning and funding of CSOs be fully in line with articles 14 and 15 of the 2011 Constitutional Declaration;
- CSOs be able to effectively play their watchdog role and act in defence of the rule of law and human rights, without political interference, intimidation, harassment or undue restrictions;
- All ongoing prosecutions and other arbitrary proceedings against civil society actors in relation to their legitimate work be terminated, and all those arbitrarily detained solely for their civil society work be immediately and unconditionally released;
- Accountability for human rights abuses to which civil society actors have been subjected; and
- CSOs be meaningfully consulted on and able to provide inputs in ongoing political processes, including those related to constitutional, electoral and transitional justice reforms.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3817, e: said.benarbia(a)icj.org.
Mohamed Hanafy, Legal Researcher, ICJ Middle East and North Africa Programme; e: mh(a)icj.org.
Juliette Rémond Tiedrez, Legal Researcher, ICJ Middle East and North Africa Programme; e: juliette.remond-tiedrez(a)icj.org.
Download
Q&A on the current attacks on the right to freedom of association in English and Arabic.
Press Release in English and Arabic.
Oct 19, 2023 | News
The International Commission of Jurists (ICJ) condemns the strike on al-Ahli hospital in the Gaza Strip on 17 October 2023, which according to the Palestinian Health Ministry killed more than 500 Palestinian civilians, mainly women and children, and injured hundreds more.
“Civilians and hospitals must be protected at all times”, said Said Benarbia, Director of the ICJ’s MENA Programme. “Intentional attacks on hospitals may amount to war crimes under international humanitarian law and must cease immediately”, added Benarbia.
Palestinian sources have said that the massacre was caused by an Israeli air strike. The Israeli Defence Forces have denied any responsibility, claiming that it was caused by a failed rocket launch by Palestinian armed groups.
Under the Geneva Conventions and customary international humanitarian law, States have an obligation to investigate war crimes with a view to bringing alleged perpetrators to justice.
The ICJ calls on the Office of the Prosecutor of the International Criminal Court (ICC) to allocate the necessary resources to respond to the escalating situation in Israel and Gaza with a view to investigating and establishing criminal responsibility for alleged war crimes and other violations of international humanitarian law committed by both parties.
According to the ICC Prosecutor Karim Khan, the ICC has jurisdiction over potential war crimes committed by Palestinian armed groups in Israel and Israelis in the Gaza Strip, even though Israel is not a State party. In 2015, Palestine acceded to the ICC Statute. In 2021, the Court ruled that its jurisdiction “in the Situation in Palestine extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem.”
On 12 October the Israel Defence Forces (IDF) ordered the entire population of northern Gaza, that is, more than 1 million people, to evacuate to southern Gaza within 24 hours in advance of a likely military ground offensive.
On 14 October, the World Health Organization (WHO) strongly condemned Israel’s repeated orders for the evacuation of 22 hospitals in the Gaza strip, and called on Israeli authorities to protect health facilities, health workers, patients and civilians.
“The Israeli evacuation order was issued in the absence of safe passage or a safe destination. It may amount to a transfer of parts of the population of the occupied territory, a war crime under the ICC Statute and a serious violation of international humanitarian law”, said Benarbia.
Under international humanitarian law, hospitals and other medical facilities are considered to be protected civilian objects. Unless they are used for military purposes, they shall be protected at all times and may not be the object of attack.
Under international humanitarian law, all parties to an armed conflict have an obligation to distinguish between military and civilian targets and to take all feasible precautions to protect civilians from attacks and from the effects of military operations. Indiscriminate attacks on civilians and civilian objects, including those perpetrated using weapons that are indiscriminate by nature, amount to breaches of international humanitarian law. Intentionally directing attacks against civilians amounts to war crimes under the under the Statute of the ICC and customary international law.
Furthermore, the ICJ is deeply concerned by reports of the use of white phosphorus by Israel in other military operations in Gaza and Lebanon.
“Israel must refrain from using white phosphorus, and any other means and methods of warfare that are inherently indiscriminate or that cause superfluous injury or unnecessary suffering”, added Benarbia.
White phosphorus has the potential to cause civilian harm due to the severe burns it causes and its lingering long-term effects on survivors. While it is not per se a prohibited weapon under international humanitarian law, its use in densely populated areas, such as the Gaza Strip, is prohibited as it violates the international humanitarian law requirement that parties to the conflict take all feasible precautions to avoid civilian injury and loss of life.
The ICJ also condemns the continued detention by Palestinian armed groups of approximately 200 hostages.
“Hostage-taking is prohibited under international humanitarian law, and those detained must be released immediately”, said Benarbia.
The ICJ also reiterates calls by the United Nations Secretary General, WHO and others for the establishment of a humanitarian corridor to enable humanitarian aid to enter the Gaza Strip.
Contact:
Said Benarbia, Director of the ICJ’s Middle East and North Africa Programme, email: said.benarbia(at)icj(dot)org
Oct 10, 2023 | Advocacy, News
The International Commission of Jurists (ICJ) condemns the direct attacks against civilians in Israel, including deliberate killings of hundreds of civilians, the taking of hostages and the launching of indiscriminate rockets against civilians and civilian objects, perpetrated by Palestinian armed groups since 7 October 2023.
“I abhor the deliberate targeting of civilians and hostage-taking, and condemn the horrific escalation of violence in Israel and the Occupied Palestinian Territory,” said Santiago Canton, ICJ Secretary General. “These atrocities are crimes under international law and must stop immediately. Civilians held hostages should be released.”
The ICJ also condemns Israel’s retaliatory airstrikes against buildings in densely populated areas in Gaza, which have killed hundreds of Palestinian civilians, and the measures of collective punishment taken against civilians in Gaza, including a total siege on food, water, electricity and fuel.
“I urge the Israeli authorities to refrain from engaging in indiscriminate retaliations or any form of collective punishment against civilians and from using starvation as a method of warfare,” said Canton.
The ICJ calls on all parties to the conflict to respect their obligations under international humanitarian law to protect civilians caught up in the hostilities and for accountability for the crimes under international law that have been perpetrated.
The attack led by Palestinian armed groups began on 7 October 2023, with thousands of indiscriminate rockets fired on Israel as well as incursions in Israel of armed combatants shooting civilians en masse and taking hostages to Gaza.
Israel retaliated with attacks against the Gaza strip through waves of airstrikes targeting several residential buildings and a mosque.
The death toll reported as of this morning, 10 October, was of at least 900 Israelis and at least 700 Palestinians, with more than 2,600 Israelis and 3,700 Palestinians injured.
While Israel has already cut off electricity and fuel supplies to Gaza, on 9 October the Israeli Defence Minister announced a complete siege of Gaza, including food and water, adding “we are fighting human animals and we are acting accordingly.” On the same day, Hamas threatened to execute an Israeli captive for every Israeli bombing of a civilian building without warning.
Background
Israel has imposed an air, land and sea blockade on the Gaza Strip since 2007.
The ICJ has documented Israel’s systematic human rights violations against the Palestinians in the Occupied Palestinian territory, such as forced evictions and displacement, restrictions on freedom of movement and arbitrary deprivations of life and liberty.
The ICJ has further documented attacks by Israeli forces and Palestinian armed groups in the Gaza strip in violation of the prohibition against deliberate or indiscriminate attacks against civilians, including as a result of the launch by Palestinian armed groups of thousands of indiscriminate rockets into Israel.
In February 2023, the ICJ called on the Israeli authorities to stop all actions amounting to the war crime of collective punishment of the Palestinian people in the West Bank and East Jerusalem, including house and property demolitions, arbitrary revocation of residency and citizenship rights and forcible deportation of Palestinians from the Occupied Palestinian Territory.
The ICJ recalls that willful killing, willfully causing great suffering or serious injury to body or health, unlawful deportation and taking of hostages committed against civilians and members of armed forces placed hors de combat, as well as extensive destruction of property not justified by military necessity and carried out unlawfully and wantonly, are grave breaches of the Fourth Geneva Convention and Additional Protocol I to the Geneva Conventions and amount to war crimes under the Rome Statute and customary international law. Intentionally directing attacks against the civilian population and civilian objects and intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions, as well as measures of collective punishment against protected persons, also amount to war crimes.
Contact:
Said Benarbia, Director of the ICJ’s Middle East and North Africa Programme, email: said.benarbia(at)icj(dot)org
