NJCM and ICJ hold a roundtable discussion among judges and lawyers on the application of counter-terrorism legislation in the EU

NJCM and ICJ hold a roundtable discussion among judges and lawyers on the application of counter-terrorism legislation in the EU

On 27 September, the Nederlands Juristen Comité voor de Mensenrechten (NJCM) and the ICJ held a a closed-door roundtable discussion in the Hague on investigative procedures and procedural rights in counter terrorism: implementing the EU Directive 2017/541 on combating terrorism. The discussion took place in the framework of the EU funded project “Judges Uniting to Stop Terrorism with International, Constitutional and European law (JUSTICE) project”.

Judges, prosecutors and lawyers from 11 EU countries shared their practices and experiences in the application of the investigative procedures and procedural rights related to the prosecution of the criminal offences enshrined in the EU Directive 2017/541 on combating terrorism within the different legal systems of the European Union (EU).

The discussion focused on investigative powers, evidence gathering, pre-trial detention, cross border cooperation and the European Arrest Warrant. These practices were assessed in light of international human rights law principles in order to identify best practices that could be promoted throughout the EU.

This is the second out of four roundtables organized within this project between April and November 2019 by the ICJ and partners.

See the agenda here.

Oral statement in the interactive dialogue with the fact finding mission on Myanmar

Oral statement in the interactive dialogue with the fact finding mission on Myanmar

The ICJ welcomes the final report of the FFM (Independent International Fact Finding Mission).

Having monitored justice and human rights in Myanmar for over 50 years, the ICJ has an established presence in the country, and supports justice sector actors to implement reforms necessary to protect human rights through the rule of law.

With this experience, the ICJ concurs with conclusions of the FFM and the Special Rapporteur: particularly those highlighting the pervasive damage of unchecked military power and impunity on human rights, the rule of law, and development of an inclusive democratic society.

Myanmar’s Government has failed to fulfill international law obligations to investigate, prosecute and punish perpetrators of rights violations. In this context, the launch of an IIMM (Independent Investigative Mechanism for Myanmar) is necessary, and welcome. Myanmar should cooperate with the Mechanism, whose files may enable future prosecutions of individual criminals.

But this Mechanism is not a court: all States, particularly Myanmar, must work toward holding criminal trials, in competent jurisdictions, inline with international standards – noting that prosecutions target criminals, not the country.

Other immediate opportunities for Myanmar to protect human rights include: amending the National Human Rights Commission Law to expand its mandate and independence; amending laws that facilitate impunity such as the 1959 Defence Services Act; enacting an anti-discrimination law; and reviewing the 1982 Citizenship Law. These legislative reforms are urgent and possible steps that are necessary to demonstrate if the Government is genuine about its international law obligations. Any constitutional reform must also expand rights protections.

As the FFM’s mandate is ending, the ICJ would like to ask the experts: how can States best monitor and implement your recommendations, particularly related to international criminal accountability?

See also:

ICJ, Achieving Justice for Gross Human Rights Violations in Myanmar, January 2018

Terms of Reference for the UN Independent International Mechanism for Myanmar (unofficial Burmese translation), 16 January 2019, available here.

Statement to the Human Rights Council by Mr. Nicholas Koumjian, Head of the Independent Investigative Mechanism for Myanmar (unofficial Burmese translation with accompanying English text), 9 September, available here.

Event: assault on the legal profession

Event: assault on the legal profession

This event held in Warsaw, Poland, will provide an overview of the ongoing challenges human rights lawyers in the OSCE region are facing in their daily work.

A flyer for the event is available here.

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