Mar 2, 2021 | News
Justice and accountability in Libya can only be achieved if activists and lawyers fully engage with and support the UN Independent Fact-Finding Mission on Libya (FFM) in documenting and collecting evidence of serious violations in the country, the ICJ said today.
To facilitate such engagement, the ICJ’s Question and Answer (Q&A) published today provides guidance for Libyan and international civil society actors on:
- the role and mandate of the FFM;
- the FFM’s relationship with other accountability mechanisms, such as the International Criminal Court (ICC);
- what the FFM may be expected to achieve; and
- how to engage with the FFM.
“The success of the FFM’s mandate rests largely on its ability to establish the facts about and collect evidence of violations and abuses of international human rights and humanitarian law perpetrated in Libya.”
“We urge lawyers, activists and civil society actors to fully support the FFM in achieving these objectives and bringing about the accountability that has so far eluded Libya.”
– Said Benarbia, the ICJ’s MENA Programme Director.
The FFM was established by the UN Human Rights Council on 22 June 2020 through resolution 43/39. Its mandate includes:
- Establishing facts and circumstances of the human rights situation throughout Libya;
- Collecting and reviewing relevant information;
- Documenting alleged violations and abuses of international human rights law and international humanitarian law, including any gendered dimensions of such violations and abuses; and
- Preserving evidence with a view to ensuring that perpetrators be held accountable.
While the FFM cannot conduct criminal investigations or prosecute individuals, the evidence preserved may be used by Libyan judicial authorities, the ICC, and third countries exercising universal jurisdiction.
The FFM has issued a call for submissions of relevant information and materials, the deadline for which is 30 June 2021.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3817, e: said.benarbia(a)icj.org
Vito Todeschini, Legal Adviser, ICJ Middle East and North Africa Programme; t: +216 53 334 679, e: vito.todeschini(a)icj.org
Asser Khattab, Research and Communications Officer, ICJ Middle East and North Africa Programme; e: Asser.Khattab(a)icj.org
Download
Q&A on the UN International Fact-Finding Mission in English and Arabic.
Press Release in English and Arabic.
Feb 22, 2021 | News
The ICJ has joined 21 other organizations to urge the Member States of the Human Rights Council to pass a strong resolution at the 46th Session, affirming an international commitment to protect human rights and justice in Sri Lanka.The letter reads:
To the Member States of the Human Rights Council
We, the undersigned organizations, urge the Member States of the Human Rights Council to pass a strong resolution at the 46th Session, affirming an international commitment to protect human rights and justice in Sri Lanka, with a particular focus on victims. The deteriorating human rights and accountability context in Sri Lanka is documented in detail in the High Commissioner for Human Rights’ damning January 2021 report as well as a joint assessment released by ten UN Special Procedures mandates earlier this month. The High Commissioner highlighted that “nearly 12 years on from the end of the war, domestic initiatives for accountability and reconciliation have repeatedly failed to produce results.” Just as concerning, the High Commissioner stressed the emergence of “early warning signs of a deteriorating human rights situation and a significant heightened risk of future violations.” Given the Government of Sri Lanka’s failure to comply with the State’s human rights obligations and implement agreed-upon accountability efforts and the need for urgent preventative action, it is essential that a new resolution detail immediate, concrete, and independent international efforts, including enhancing monitoring by the Office of the UN High Commissioner for Human Rights (OHCHR), creating an independent international mechanism to collect and preserve evidence of past and ongoing violations and abuses, and prioritizing support to civil society initiatives.
Multiple UN bodies and dozens of civil society organizations have documented grave human rights violations and abuses in Sri Lanka. The 26-year war between the Government and the Liberation Tigers of Tamil Eelam (LTTE) witnessed serious violations – including allegations of war crimes and crimes against humanity – by both parties. The toll on civilians was particularly high in the final stage of the conflict, when tens of thousands of Tamil civilians were killed, primarily by Government forces’ shelling of “No Fire Zones.” Following the end of the war, the country remained over-militarized and human rights abuses continued, including extrajudicial killings, enforced disappearances, arbitrary detention, torture, sexual violence, and harassment and persecution of journalists, activists, and government critics. Sri Lanka’s Tamil and Muslim populations have disproportionately suffered from these continuing violations and abuses, as they face institutionalized discrimination and higher levels of targeted state-sponsored violence.
Sri Lanka’s domestic accountability efforts have failed. As noted by the High Commissioner, numerous commissions of inquiry established by successive governments have “failed to credibly establish the truth and ensure accountability” and domestic investigations have failed to bring “a single emblematic case . . . to a successful conclusion or conviction.” Furthermore, despite co-sponsoring HRC Resolution 30/1 in 2015, which provided a comprehensive roadmap of measures to ensure justice and accountability, the Government of Sri Lanka “remains in a state of denial about the past, with truth-seeking efforts aborted and the highest State officials refusing to make any acknowledgment of past crimes.” The High Commissioner highlighted how “the failure to deal with the past continues to have devastating effects on tens of thousands of survivors.”
In the past year, prospects for domestic justice and accountability efforts in Sri Lanka have dimmed entirely. Gotabaya Rajapaksa – the former Secretary to the Ministry of Defense who oversaw the brutal end to Sri Lanka’s war – was elected President in November 2019. As one of its first acts on the international stage, the new Rajapaksa administration announced its withdrawal from HRC Resolution 30/1, part of a series of steps that led the High Commissioner to conclude that “[t]he Government has now demonstrated its inability and unwillingness to pursue a meaningful path towards accountability for international crimes and serious human rights violations.” The Government has also “proactively obstructed or sought to stop ongoing investigations and criminal trials to prevent accountability for past crimes,” promoted credibly accused war criminals, increased militarization of civilian institutions, reversed Constitutional safeguards, increasingly employed and promoted majoritarian and exclusionary rhetoric, increased surveillance and obstruction of civil society, and exacerbated human rights concerns.
In a joint assessment released earlier this month, ten UN Special Procedures mandates echoed the High Commissioner’s concern that the human rights and accountability context had further regressed in Sri Lanka, concluding, “[t]here is little hope that any domestic accountability measures will progress or achieve any degree of credibility.” They emphasized the “extremely disheartening” fact that their conclusions echo those of UN experts in 2009, who found “impunity has been allowed to go unabated throughout Sri Lanka. The fear of reprisals against victims and witnesses, together with a lack of effective investigations and prosecutions, has led to a circle of impunity that must be broken.” We share the High Commissioner’s and Special Procedures’ concerns that continued reliance on the Government of Sri Lanka to improve human rights and accountability will prove futile and dangerous. As both history and recent events in Sri Lanka have shown, if left unchecked, the Government will be emboldened to continue its abuses and further entrench impunity.
Given Sri Lanka’s long history of violations and failed domestic efforts to advance justice, and the warning signs of increased future abuses, it is critical that the Human Rights Council pass a strong resolution affirming its commitment to meaningful justice and accountability for serious human rights violations and abuses and crimes under international law in Sri Lanka. We join the High Commissioner and Special Procedures mandates in calling on Member States to pass a new resolution that strengthens the High Commissioner’s monitoring and reporting on Sri Lanka, prioritizes support to civil society initiatives assisting victims and their families, and establishes and supports a dedicated capacity to collect and preserve evidence. The dedicated capacity should come in the form of an independent international investigative mechanism. We also join the High Commissioner’s call for Member States to pursue alternative avenues for accountability and justice, including “taking steps towards the referral of the situation in Sri Lanka to the International Criminal Court,” the pursuit of “investigation and prosecution of international crimes” in national courts using extraterritorial and universal jurisdiction, and the imposition of targeted sanctions, including asset freezes and travel bans against State officials accused of grave human rights violations.
A strong resolution with concrete action by the Human Rights Council and UN human rights bodies will not only signal to the Government of Sri Lanka that continuing impunity and abuses are not acceptable, but will also affirm for survivors that the United Nations is committed to securing justice for the harms they experienced.
The text of the letter and the list of signatories is available here.
Jun 15, 2020 | News
Member States convening today for the resumption of the 43rd session of the UN Human Rights Council should support the establishment of an international investigative mechanism to document and preserve evidence of violations of international human rights law and international humanitarian law (IHL) committed in Libya, said the ICJ and Lawyers for Justice in Libya.
The escalation in armed conflict in recent months and ongoing impunity for an increasing number of violations and abuses being committed in Libya lend particular urgency to the establishment of a mechanism for a period of at least one year to investigate all gross human rights violations and abuses and serious violations of IHL, with a view to preserving evidence and holding perpetrators accountable.
“Horrific reports documenting the discovery of mass graves are the latest addition to a long line of well-established atrocities perpetrated across Libya,” said Kate Vigneswaran, Senior Legal Adviser at the ICJ’s Middle East and North Africa Programme. “Impunity for these crimes has proven only to prompt further violence and prolong the conflict.”
On 11 June 2020, the United National Support Mission to Libya reported the discovery of at least eight mass graves, located predominantly in Tarhuna, a town located southeast of Tripoli.
Though exhumations have only just commenced, initial reports by the Government of National Accord (GNA) indicate that they could contain hundreds of bodies, including of women and children.
Reports further indicate that the Libyan Arab Armed Forces (LAAF), and their foreign allies, have laid anti-personnel landmines and other booby-traps in buildings as they withdrew from Tripoli, leading to causalities including among civilians returning to their homes after long periods of displacement.
Reports of incidents involving “retributive crimes”, including the parading of corpses and looting of perceived opponents’ houses and public property, by GNA-affiliated armed groups have also surfaced.
“The systematic and ubiquitous nature of these violations reinforces the need for States to urgently push for mechanisms designed to address accountability and fight prevailing impunity. The establishment of an international investigative mechanism would not only pave the way towards obtaining justice for the victims and preserving evidence necessary for doing so, but also send a strong and unequivocal message that those who commit crimes will be held accountable,” said Marwa Mohamed, Head of Advocacy and Outreach at Lawyers for Justice in Libya.
An international investigative mechanism would bolster accountability efforts in the country, which have, thus far, been impeded by cycles of violence, weak and ineffective law enforcement agencies, the arbitrary exercise of policing and detention powers by armed groups and an inadequate legal framework for holding perpetrators of crimes under international law accountable.
States will vote on the resolution on Libya (UN Doc A/HRC/43/L.40) following the interactive dialogue on the High Commissioner for Human Rights’ Report on Libya on 18 June 2020.
The 43rd session of the Human Rights Council commenced in February 2020, but was suspended due to the COVID-19 pandemic.
Contact
Kate Vigneswaran, Senior Legal Adviser, ICJ Middle East and North Africa Programme, t: +31624894664 ; e: kate.vigneswaran(a)icj.org;
Background
A variety of armed groups have been engaged in recurrent waves of armed conflict since the 2011 uprising. These include the forces of the GNA, established in 2016, which is the internationally recognized State governing authority and is supported by armed groups acting either under their control or in alignment or alliance with it, and the LAAF, which is headed by Khalifa Haftar, who was endorsed by the House of Representatives after launching his military campaign in 2014, and is composed of a mixture of military units and armed groups.
The GNA generally has control over territory in the west, and the LAAF exercises a significant degree of control over territories in the east and parts of the south. In April 2019, the LAAF marched on Tripoli gaining further territorial control in parts of the west, but such gains have been reduced over recent weeks following the escalation in hostilities with the GNA and the LAAF’s consequent retreat.
Reports by UNSMIL and other international bodies and non-government organizations document the gross human rights violations and abuses and serious violations of IHL being committed by all parties to the conflicts in Libya. These include unlawful killings resulting from direct, indiscriminate and disproportionate attacks against persons not engaged in hostilities; attacks on civilian objects including medical facilities and equipment; torture and ill-treatment, including acts of sexual violence and the crime of rape; arbitrary arrests and detention; forced displacement; enforced disappearances; and extrajudicial killings. These violations and abuses have led to mass internal displacement, including of over 200,000 people since April 2019 from Tripoli and its outskirts.
Libya-Atrocities need investigation-News-2020-ARA (story in Arabic, PDF)
Feb 27, 2020 | News
The ICJ today condemned the Sri Lankan Government’s announced “withdrawal” of support for the process under UN Human Rights Council (UNHRC) Resolutions 30/1, 34/1 and 40/1.
Minister of Foreign Affairs, Dinesh Gunawardane, formally announced the decision on 26 February at a High-Level Segment of the 43rd session of the UNHRC in Geneva.
“The Government of Sri Lanka’s refusal to implement effective measures for truth, justice, accountability and reconciliation, including as set out in the resolutions of the Human Rights Council, places it in violation of its obligations under international law,” said Frederick Rawski, ICJ’s Regional Director for Asia and the Pacific. “Holding perpetrators of human rights violations accountable at the international level now appears to be the only real option – including referral to the International Criminal Court, the creation of an ad hoc international mechanism, and the exercise of universal jurisdiction.”
Gunawardane stated that the Government of Sri Lanka would instead “achieve sustainable peace through an inclusive, domestically designed and executed reconciliation and accountability process, including through the appropriate adaptation of existing mechanisms, in line with the Government’s policy framework.”
“It is the Sri Lankan Government’s failure to initiate a credible and comprehensive approach to transitional justice in the aftermath of the war that led to the intervention of the international community in the first place,” said Rawski. “Sri Lanka’s domestic legal system has repeatedly demonstrated that it is unable to address systemic and entrenched impunity for crimes under international law perpetrated by the military and security forces,” he added.
Pronouncements by the President, on protecting military personnel from any accountability measures coupled with appointments to senior command positions individuals credibly accused of serious human rights violations indicate that the long history of impunity of security forces in Sri Lanka is set to continue.
The ICJ is deeply concerned that the Government’s official refusal to implement the UN resolutions comes at a time when the human rights situation in Sri Lanka is rapidly deteriorating. It threatens to undermine even the meagre progress made over the past few years, which albeit slow and wholly insufficient, has been primarily due to the continued engagement of the Council, OHCHR and international community. The UNHRC process is also the only forum at the global level where Sri Lankan civil society and victim groups have had the opportunity to engage openly in dialogue with the Government and other States on human rights concerns in Sri Lanka.
The validity of adopted resolutions of the Council does not depend on their acceptance by the government concerned. Reporting and discussion of Sri Lanka’s implementation or failure to implement them will take place this year and in 2021 at the Council regardless of the Government’s position.
Contact
Frederick Rawski, ICJ’s Asia Pacific Regional Director, t: +66 2 619 84 77; e: frederick.rawski(a)icj.org
Oct 2, 2019 | News
This support comes as the ICJ documents failure of criminal justice system on human rights accountability with its report Accountability for Serious Crimes under International Law in Libya: An Assessment of the Criminal Justice System.
At today’s launch of the publication, the UN Support Mission in Libya (UNSMIL), the Delegation of the European Union to Libya (EUDEL) and the European Union Border Assistance Mission (EUBAM) supported calls for the establishment of a UN Commission of Inquiry for Libya.
The ICJ’s report examines the criminal justice framework in Libya and finds that investigations and prosecutions of crimes under international law have been limited to a handful of cases, and that future cases are unlikely meet international standards necessary to ensure fair and effective justice, in particular the rights to liberty and a fair trial and the prohibition on torture and ill-treatment.
The support by international actors echoes the ICJ’s call for the establishment of a Commission of Inquiry or similar mechanism to monitor, document and report on human rights violations in order to identify perpetrators, and gather and preserve evidence for future prosecutions, either national or international.
UNSMIL, the EU and a number of States expressed their support for the establishment of a Commission of Inquiry or similar mechanism at the 42nd session of the Human Rights Council.
The ICJ also advocated for such a mechanism in its statement to the Council on 25 September.
At the launch, ICJ Senior Legal Adviser Kate Vigneswaran said that “it’s time for States to stop working on the premise that the Libyan criminal justice system can effectively ensure accountability for crimes committed by State and non-State Actors and instead look at options for ensuring they don’t go unpunished.”
The ICJ’s report also calls on States and UN actors to ensure they adopt human rights-compliant terms in their engagement with Libya and to refrain from entering into or implementing agreements with Libyan authorities that could give rise to support for or complicity in violations of international law.
Kate Vigneswaran stated: “Human rights and accountability should underpin any agreements and engagement with Libyan actors entered into by States, rather than being sidelined in the interests of a political solution. Time has shown that the absence of human rights at the forefront of dialogue and engagement with stakeholders has failed to ensure the cessation of egregious human rights violations and abuses being perpetrated throughout the country.”
The launch, which was held in partnership with the Embassy of the Netherlands in Libya, was opened by the Netherlands’ Ambassador, H. E. Mr. Lars Tummers.
Kate Vigneswaran discussed the key findings and recommendations contained in the report. A panel comprised of ICJ Commissioner Marwan Tashani and representatives of EUDEL, EUBAM and UNSMIL responded to the report and provided insights into their work in Libya.
