On video: how can the UN respond effectively to crimes under international law in situations of crisis?

On video: how can the UN respond effectively to crimes under international law in situations of crisis?

The ICJ organized this side event today (Tuesday 18 September 2018), in cooperation with the Permanent Mission of the Netherlands, at the Human Rights Council.

https://www.facebook.com/ridhglobal/videos/1005764152964172/

Background

Particularly when crimes under international law are perpetrated on a large scale in situations of crisis, there is an urgent need to preserve evidence for use in eventual criminal proceedings, whether at the International Criminal Court or other national or international tribunals

Too frequently, obstacles prevent immediate direct recourse to international courts and prosecutors. One response has been the creation of mechanisms to collect and preserve the evidence in the meantime. Examples include the International Independent and Impartial Mechanism (IIIM) for Syria, and the Commission on Human Rights in South Sudan.

At the current session of the Human Rights Council, the Fact-Finding Mission on Myanmar has called for establishment of an IIIM pending referral to the ICC or an ad hoc tribunal.

Opening Remarks:

Ambassador Monique T.G. van Daalen, Permanent Mission of the Netherlands

Moderator:

Saman Zia-Zarifi, Secretary General, International Commission of Jurists

Panelists:

  • Catherine Marchi-Uhel, Head, International, Impartial and Independent Mechanism (IIIM) for Syria
  • Yasmin Sooka, Chairperson, Commission on Human Rights in South Sudan
  • Sanji Monageng, former Judge/Vice-President of the ICC, and Commissioner of the ICJ
  • Stephen Rapp, Chair, Commission for International Justice & Accountability (CIJA), Distinguished Fellow, US Holocaust Memorial Museum, and former United States Ambassador-at-Large for Global Criminal Justice
  • Kingsley Abbott, ICJ Senior Legal Adviser (Global Accountability), formerly with the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon

Universal-ICJ-NL-Side event-News-events-2018-ENG (flyer of the event in PDF)

 

Cambodia: ICJ submission to the Universal Periodic Review (UPR) of Cambodia

Cambodia: ICJ submission to the Universal Periodic Review (UPR) of Cambodia

Today, the ICJ filed a submission to the Human Rights Council’s Working Group on the Universal Periodic Review in advance of its review of Cambodia’s human rights record in January/February 2019.

In its submission, the ICJ expressed concern about the following issues:
(1) Misuse of the law under the false pretext of the ‘rule of law’; and

(2) Lack of an independent and impartial judiciary.

The ICJ further called upon the Human Rights Council and the Working Group on the Universal Periodic Review to recommend to the Cambodian authorities to:

(i) Repeal or amend domestic laws to bring them in line with Cambodia’s international human rights obligations;

(ii) Repeal or amend domestic laws to ensure the independence of the judiciary and remove excessive powers granted to members of the Executive branch;

(iii) Abolish government-issued regulations or directives that contravene human rights protected under international human rights law;

(iv) Halt efforts to bring into force legislation drafted with the purpose of – or in any event –violating rights protected under international human rights law;

(v) End the prosecution of individuals on so-called lèse-majesté charges under the Cambodian Criminal Code and release individuals detained in connection with them;

(vi) End all use of legislation as a tool of harassment, intimidation or silencing of members of the political opposition, civil society, critical media, lawyers, prosecutors, judges and/or individuals;

(vii) Release all prisoners currently imprisoned or detained on politically motivated charges;

(viii) Uphold the right to fair trial of all persons, including of detained persons;

(ix) Take necessary measures to hold to account perpetrators of harassment, intimidation and violence against members of the political opposition, civil society, critical media, lawyers, prosecutors, judges and/or individuals for the legitimate exercise of their fundamental freedoms;

(x) Take necessary measures, in law and in practice, to guard against legal harassment of lawyers, prosecutors and judges on the basis of the political affiliations or agendas of their clients.

Contact

Kingsley Abbott, ICJ Senior Legal Adviser, e: kingsley.abbott(a)icj.org

Full submission in English (PDF) : Cambodia-UPR-Advocacy-Non legal-submission-July-2018-ENG

US withdrawal from UN Human Rights Council symptom of deeper crisis

US withdrawal from UN Human Rights Council symptom of deeper crisis

The Trump administration’s broader rejection of multilateralism and rule of law, its actual practices, and paralysis of other States, are the real issues, says the ICJ.

On the evening of 19 June, the United States of America announced it was formally abandoning its membership of the UN Human Rights Council.

“The withdrawal of the United States from the United Nations Human Rights Council is symptomatic of its broader rejection of multilateralism and rule of law, and how it acts in practice, both at home and abroad,” said ICJ Secretary General Sam Zarifi in reaction.

The inhuman caging of thousands of migrant and refugee children, and turning a blind eye to the grave human rights violations in North Korea, are but two recent and glaring examples, along with a recent highly critical report by the UN Special Rapporteur on extreme poverty and human rights, Philip Alston, following his visit to the US last year.

Even more concerning, the US retreat comes at the same time as openly racist and nationalist authoritarianism rises across Europe. Even where they are not immediately succeeding in coming to power, such movements are slowly paralyzing Europe at exactly the time its moderating or progressive influence on world affairs in general, and human rights in particular, is most needed.

The US in fact is cooperating in New York with the very same countries it publicly condemns, to cut the funding and mandate for the day-to-day human rights work of the UN – whether through the Office of the High Commissioner for Human Rights, the Secretary General’s Rights up Front Initiative, or UN country offices. And many many other countries are complicit in that exercise by their silence.

With moves by other powerful States to seize and dilute the UN’s human rights machinery, it has never been more important for other States sincerely committed to defending human rights and the rule of law to step into the empty seats the US is leaving behind.

Pakistan: election to UN rights body spotlights failings

Pakistan: election to UN rights body spotlights failings

The ICJ, Amnesty International and Human Rights Watch are urging Pakistan to take immediate steps towards meeting “the highest standards in the promotion and protection of human rights,” following the country’s election to the Human Rights Council.

Today, the UN General Assembly selected 15 states to serve as members of the UN Human Rights Council from January 2018 to December 2020.

From the Asia-Pacific region, Nepal, Qatar, Afghanistan and Pakistan were selected out of five candidates.

To secure the UN Human Rights Council membership, Pakistan pledged its commitment to the promotion and protection of human rights.

However, the pledge failed to address directly many of the most serious human rights issues facing Pakistan, including enforced disappearances, the use of the death penalty, blasphemy laws, the country’s use of military courts, women’s rights including the right to education, and threats to the work of human rights defenders, lawyers and journalists.

According to UN General Assembly Resolution 60/251, “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights.” The Resolution also provides that, “when electing members of the Council, Member States shall take into account the contribution of candidates to the promotion and protection of human rights and their voluntary pledges and commitments made thereto.”

Pakistan’s abuses have been highlighted by various national and international human rights organizations, UN treaty-monitoring bodies, and special procedures of the UN Human Rights Council.

Pakistan has affirmed in its election pledge that it is “firmly resolved to uphold, promote and safeguard universal human rights and fundamental freedoms for all.”

Given the pressing human rights issues in the country, the ICJ, Amnesty International, and Human Rights Watch urge Pakistan to take the necessary action to fulfill these responsibilities.

Contact

Frederick Rawski (Bangkok), ICJ Asia Pacific Regional Director, e: frederick.rawski(a)icj.org

Reema Omer (London), ICJ International Legal Adviser, South Asia t: +447889565691; e: reema.omer(a)icj.org

Download
The full statement with additional information: Pakistan-ElectiontoHRC-Advocacy-2017-ENG (in PDF)

 

Burundi: renew UN inquiry, initiate suspension from Human Rights Council

Burundi: renew UN inquiry, initiate suspension from Human Rights Council

The ICJ today joined other civil society organisations in calling for the UN Human Rights Council to renew the mandate of the Commission of Inquiry on Burundi and to initiate suspension of Burundi’s membership in the Council, and other measures of justice and accountability.

The call came in an open letter to all Member and Observer States of the Human Rights Council.

The letter in English:  HRC36-OpenLetter-Burundi-2017-EN

 

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