Jul 24, 2018 | Advocacy, Analysis briefs, News
In a briefing paper published today, the ICJ called on the parties to the conflict in Yemen to take immediate and effective measures to ensure the protection of the civilian population, including against human rights abuses and international humanitarian law violations.
Serious violations of international humanitarian law committed in Yemen include direct and indiscriminate attacks against civilians and the impediment of access to humanitarian relief of the civilian population.
Gross human rights violations and abuses include widespread instances of arbitrary arrest and detention, torture and ill-treatment, and enforced disappearances.
The ICJ has called for persons responsible for such violations to be held to account.
“All parties to the conflict in Yemen have acted in blatant disregard of the most basic rules of international humanitarian law and human rights law,” said Said Benarbia, ICJ MENA Director.
“The top priority is to end these violations and in particular to protect the civilian population,” he added.
In its briefing paper, the ICJ analyses international law violations committed in the conduct of hostilities and against persons deprived of their liberty.
The Saudi Arabia-led coalition and the Houthis are allegedly responsible for direct, indiscriminate or disproportionate attacks against civilians and civilian objects, including local markets, food storage sites, water installations and medical facilities.
The United Arab Emirates, the internationally recognized government of Yemen and the Houthis have allegedly engaged in arbitrary arrest and detention, torture and ill-treatment, and enforced disappearances.
The ICJ briefing paper also examines the potential legal implications of the blockade imposed by the Saudi Arabia-led coalition on Yemen and the sieges laid by the Houthis against several towns and localities, which impede the civilian population to access humanitarian relief.
The ICJ briefing paper further assesses the potential responsibility of third States for transferring arms to the parties to the conflict.
Under numerous instruments, including the Arms Trade Treaty, States are prohibited from selling arms to the parties to an armed conflict whenever a risk exists that the end-user could commit international law violations.
Arms transfers may even engage the exporting States’ international responsibility for aiding or assisting in the commission of such violations.
“Victims must have access to effective legal remedies and be provided with adequate reparation,” Benarbia said.
“The international community must state loud and clear that impunity is not an option. The Security Council should refer the situation in Yemen to the International Criminal Court and third States should consider, where feasible, the exercise of universal jurisdiction to prosecute relevant crimes under international law,” he added.
Contact
Vito Todeschini, Associate Legal Adviser, ICJ Middle East and North Africa Programme, t: +216-71-962-287; e: vito.todeschini(a)icj.org
Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Yemen-War briefing-News-web story-2018-ENG (full story with background information, English, PDF)
Yemen-War impact on populations-Advocacy-Analysis Brief-2018-ENG (Analysis Brief in English, PDF)
Yemen-War briefing-News-web story-2018-ARA (full story with background information, Arabic, PDF)
Yemen-War impact on populations-Advocacy-Analysis Brief-2018-ARA (Analysis Brief in Arabic, PDF)
Jun 18, 2018 | Events, News
This side event at the Human Rights Council takes place on Wednesday, 20 June, 16:00-17:00, room XXIII of the Palais des Nations. It is organized by the ICJ.
Speakers:
Jun 11, 2018
The ICJ today called on the Egyptian authorities to ensure that the framework on the state of emergency is comprehensively reformed consistent with the country’s international human rights obligations.
The ICJ is particularly concerned that Egypt seems to be returning to the continuous and permanent state of emergency that prevailed in Egypt, uninterrupted, from 1981 until 2012, and that resulted in grave and systematic human rights violations.
Since April 2017, President El- Sisi (photo) declared the state of emergency, renewed it, and then declared a new state of emergency five consecutive times.
“In declaring and renewing exceptional measures under the state of emergency, Egypt has consistently failed to demonstrate that the situation ‘threatens the life of the nation’, the threshold for such measures under international law,” said Said Benarbia, ICJ MENA Director.
Egypt has also failed to set out clear and precise conditions in which the President is allowed to declare the state of emergency and in which measures derogating from human rights under the state of emergency can be declared, the ICJ says.
It has also failed to ensure that each such measure is strictly limited and proportionate to the exigencies of the specific emergency, specify which rights can or cannot be subject to derogation, and notify relevant stakeholders of such derogations, the Geneva-based organization adds.
“Repealing or amending emergency measures to ensure they are limited in time and scope and are not used to curtail rights or to crush dissent, is a prerequisite to establishing and upholding the rule of law in Egypt,” added Benarbia.
The ICJ’s findings and recommendations are based on a position paper published today, in which the ICJ analyses the framework on the state of emergency and assesses its impact on certain aspects of the administration of justice, including those relating to the use of emergency state security courts and to the right to liberty and to fair trial.
Under the framework of the state of emergency, Prime Minister Sherif Ismail issued a decree on No. 2165/2017 through which numerous crimes, including those related to protest, assembly, terrorism and labour law have been placed under the jurisdiction of the emergency state security courts.
These courts have mainly been used to try students, human rights defenders, political activists, union members and those suspected of opposing the government in proceedings that fall short of international standards on fair trial.
“Authorities must abolish the emergency state security courts and ensure that any existing proceedings before them should be either nullified or transferred to the ordinary courts,” said Benarbia.
Contact
Said Benarbia, Director of ICJ’s Middle East and North Africa Programme, t: +41-22-979-3817 ; e: said.benarbia(a)icj.org
Egypt-Return to State of Emergency-Advocacy-Analysis brief-2018-ENG (full memo in English, PDF)
Egypt-State of emergency-News-Press releases-2018-ARA (full story in Arabic, PDF)
Egypt-Return-State-of-Emergency-Advocacy-Analysis-brief-2018-ARA (full memo in Arabic, PDF)
Jun 7, 2018
In a memorandum published today, the ICJ called on the Lebanese authorities to introduce comprehensive legal and institutional reforms with a view to ensuring that the Office of the Public Prosecutor (OPP) is strictly separated from the judiciary and judicial functions.
The reforms must also guarantee that the OPP’s independence and impartiality is fully safeguarded consistent with internationals standards, the ICJ says.
“The structure of the OPP, its role, status and functions are not in compliance with international standards on the independent and impartial functioning of prosecutors,” said Said Benarbia, ICJ MENA Director.
“The Lebanese authorities must ensure that the functions of judges and prosecutors are clearly separated and distinct and that prosecutors are not granted any powers to take decisions of a judicial character, including those relating to renewing police custody and ensuring oversight over police custody’s facilities, periods and conditions,” he added.
In the memorandum, the ICJ also formulates recommendations for amendment and reform of law and practice with a view to ensuring the administration of criminal justice in a manner that respects and protects human rights, due process and the rule of law.
The Code of Criminal Procedure and Decree-Law No. 150/83 on the Organization of the Judiciary do not provide for appropriate safeguards and limitations on internal and external instructions to prosecutors, do not adequately limit the power of the Minister of Justice in relation to the conduct of prosecutions, and, therefore, do not safeguard the real and perceived independence of the prosecution services.
If public faith and confidence in the integrity of the justice system is to be restored, the functional independence of prosecutors must be safeguarded from any undue or improper interference, including those emanating from within the OPP itself.
“The Lebanese authorities must ensure that the executive is prohibited from issuing instructions not to prosecute or requiring prosecution in a specific case,” said Benarbia.
“Any instructions to individual prosecutors regarding the conduct of a prosecution must be in writing, exercised transparently, and take into account established prosecution guidelines and the interests of victims and other interested parties,” he added.
Contact
Rola Assi, Associate Legal Adviser, t: 0096170821670 ; e: rola.assi(a)icj.org
Lebanon-Memo re prosecutors-Advocacy-Analysis Brief-2018-ENG (full memo in English, PDF)
Lebanon-Prosecutors memo launch-News-2018-ARA (full story in Arabic, PDF)
Lebanon-Memo prosecutors-Advocacy-Analysis Brief-2018-ARA (full memo in Arabic, PDF)
May 29, 2018
In a memorandum published today, the ICJ urged the Lebanese authorities to introduce comprehensive legal reforms to ensure the independence and impartiality of military courts and to restrict their jurisdiction to cases involving members of the military for alleged breaches of military discipline.
The country should transfer the competence of military courts to civilian, ordinary courts in all cases involving civilians and all cases involving human rights violations and non-military offences committed by members of security and armed forces, the ICJ added.
“Lebanese military courts have a long history of prosecuting civilians, including those critical of the military and the government, in trials that fall short of international standards,” said Said Benarbia, ICJ MENA Director.
“Lebanese authorities must prohibit military courts from exercising jurisdiction over civilians, even where the target or victim of the offence is military, as well as over all persons under the age of 18, with no exceptions,” he added.
The ICJ also called for legal and institutional reforms to be introduced with a view to ensuring the independence and impartially of military courts and the fairness of their procedures, including by ensuring that the selection, appointment, transfer and evaluation of military judges are based on transparent procedures and objective criteria, and that any disciplinary action against them is only pursuant to well-defined standards and respectful of all due process guarantees.
In the memorandum, the ICJ formulates recommendations for amending the Code of Military Justice with a view to enhancing due process guarantees, including by providing that individuals convicted by military courts have the right to appeal their conviction and sentence to the civilian courts of the ordinary court system, and that the nature of the review is to be substantive and based both on sufficiency of the evidence and of the law and to allow for due consideration of the nature of the case.
“Limiting the jurisdiction of the military courts and enhancing their independence and impartiality and the fairness of their procedures is required not only to establish and uphold judicial independence, but also to restore public faith and confidence in the integrity of the Lebanese justice system,” said Benarbia.
Contact
Rola Assi, Associate Legal Adviser, ICJ MENA Programme, t: +96170821670 ; e: rola.assi(a)icj.org
Lebanon-Memo re army courts-Advocacy-Analysis Brief-2018-ENG (full memo in English)
Lebanon-military courts memo launch-News-2018-ARA (full story in Arabic)
Lebanon-Memo army courts-Advocacy-Analysis Brief-2018-ARA (full memo in Arabic)
