Oct 31, 2018 | News
The ICJ and the Swiss Section of the ICJ called today on Swiss people to seriously consider the adverse implications, if adopted, of the popular initiative called the “Swiss law instead of foreign judges – initiative for self-determination” by its proponents. On 25 November 2018, Swiss citizens will be called to vote on this initiative.
The campaign against the initiative has identified it as an “anti-human rights” referendum.
“The initiative, if approved, would have the effect of making it very difficult for people in Switzerland to access Swiss courts to vindicate their human rights,” said Massimo Frigo, ICJ Senior Legal Adviser.
“Swiss people would lose important defences against abuses by the State or private entities,” he added.
Unlike the title suggests the scope of the initiative is directed against international law in general (except for very few existing peremptory norms) which includes international multilateral treaties or bilateral commercial and administrative agreements.
The initiative would therefore fly in the fact of a fundamental legal principle essential to the rule of law, namely that individual States cannot use their national arrangements as an excuse to avoid their international legal obligations.
“Switzerland, as home to numerous international law-making institutions, has a long and distinguished history of championing international law. Adoption of this initiative would be a blow to the country’s reputation and leadership in this area,” said Massimo Frigo.
“The role accorded to international law by the Swiss Constitution and the jurisprudence of the Swiss Supreme Court is essential to uphold reliability of Switzerland as party to international treaties, its role as central actor and generator in many fields of law including international trade, but also legal certainty in Switzerland”, said Professor Marco Sassoli, board member of the Swiss Section of the ICJ and ICJ Commissioner.
“Much of the economic and diplomatic success of Switzerland is based on its faithful adherence and promotion of international law. Essential Swiss values such as its neutrality or its commitment to the protection of war victims are based upon international law,” said Professor Sassoli.
Contrary to its title the initiative is not directed against “foreign judges” but against the practice of Swiss judges, those of the Swiss Federal Supreme Court, and neglects that the self-determination of peoples leads to their direct submission to international law and that the conclusion of treaties is an expression of and not contrary to the sovereignty of the State.
The text of this initiative if approved could lead to the erosion of primacy of international law among the sources of law in Switzerland.
The ICJ and ICJ-Swiss Section join the several NGOs, trade unions, economic actors, political parties and people of Switzerland that want to secure their rights and those of everyone in Switzerland and appeal to the voters before casting their vote to seriously consider the above arguments and not to decide based upon mere slogans such as “self-determination”, “democracy” or “foreign judges”.
Contact:
Massimo Frigo, ICJ Senior Legal Adviser, t: +41 22 979 38 05 ; e: massimo.frigo(a)icj.org
PDF available in Italian: Switzerland-25 November Referendum-News-Press Release-2018-ITA
PDF available in German: Switzerland-25 November Referendum-News-Press Release-2018-GER
Oct 26, 2018 | News
At a media event in Bangkok, Thailand, today, the ICJ reiterated its call for Turkey to work with the United Nations to establish a special independent mechanism to carry out an investigation into the killing of Khashoggi with a view to identifying the perpetrators.
The Foreign Correspondents Club of Thailand (FFCT) in Bangkok hosted a special panel discussion entitled Death of a journalist – Fallout from the killing of Jamal Khashoggi, which was attended by approximately eighty journalists, diplomats and club members.
On the panel, Kingsley Abbott, ICJ Senior Legal Advisor for Global Accountability, began by making two positive observations, namely that there exists a clear international legal framework which applies to cases of suspected unlawful deaths including extra-judicial executions and enforced disappearance; and that a considerable amount of information about Khashoggi’s fate appears to be available.
He set out the international legal framework that applies to violations of the right to life noting the state duty to conduct a prompt independent, impartial, effective and transparent investigation consistent with the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions and the revised 2016 Minnesota Protocol on the Investigation of Potentially Unlawful Death.
Kingsley Abbott noted that in nearly all cases where there is reasonable suspicion of unlawful death, an autopsy should be performed and called for Khashoggi’s body or remains to be produced.
Kate Vigneswaran, ICJ Senior Legal Adviser, Middle East and North Africa (MENA) Programme, discussed options for accountability in the MENA region, in particular in Saudi Arabia, Turkey, Egypt and the United Arab Emirates.
She noted that Saudi Arabia provided little to no opportunity for meaningful justice given executive and Royal Court control over the judiciary and prosecutors. She further highlighted Saudi Arabia’s targeting of critics exercising their right to freedom of expression through criminal prosecutions, abductions and enforced disappearances, and egregious fair trial rights violations in the criminal justice system. She went on to state that similar human rights violations in Egypt and the United Arab Emirates make them unlikely credible options for accountability.
She also noted some concerns about aspects of the justice system in Turkey and in that regard said it was too early to determine whether the conduct of investigation and prosecution of the perpetrators in that country would meet international standards.
Other speakers included Nadia abou el Magd, who has 30 years’ experience as a journalist and commentator covering the Middle East, working mainly for the Associated Press, and Dr. Muhammad Ilyas Yahprung from the Faculty of Political Science, Ramkhamheang University, who focuses on Muslim World Issues.
The panel was moderated by Anneliese Mcauliffe who has worked as a journalist across Asia and the Middle East for over two decades.
Contact:
Kingsley Abbott
Kate Vigneswaran
Senior Legal Adviser
Middle East and North Africa Programme
Phone: +31624894664
Email: kate.vigneswaran(a)icj.org
Twitter: @KateVigneswaran
Oct 21, 2018 | News
On 21 October, the ICJ, together with Cross Cultural Foundation (CrCF), organized a lawyers’ meeting in Bangkok on the admissibility of evidence in the context of application of special security laws in Thailand.
Attendees included 30 human rights lawyers, paralegal officers, documentation officers, human rights defenders and journalists from Bangkok and other regions in Thailand.
The objectives of the meeting were:
- To discuss about the challenges that lawyers currently face regarding the admissibility of evidence in criminal proceedings, both in law and in practice, in the context of existing special security laws. These laws include the Martial Law, Emergency Decree, and the Internal Security Act that are applied in the southern border provinces, and certain repressive National Council for Peace and Order (NCPO) Orders that are applied nationwide;
- To discuss how to address the adverse effects on human rights and the administration of justice as a consequence of the implementation of these laws and how lawyers, members of civil society, and other stakeholders, at national and international levels, may work together to address such challenges; and
- To gather recommendations from participants and discuss future advocacy strategies to tackle identified challenges.
The ICJ’s Legal Memorandum on Hearsay Evidence and International Fair Trial Standards was used as one of the main reference materials during the meeting.
A main recommendation of the Workshop, echoed the ICJ’s assessment in the Legal Memorandum, namely that Thailand should review existing standards in all special security laws and relevant articles in the Criminal Procedure Code regarding the admissibility of evidence that are not compatible with international fair trial standards to ensure safeguards required to protect individuals from unfair trials.
Read also
Thailand : legal memorandum – hearsay evidence and international fair trial standards
Oct 5, 2018 | News
2018 marks the 60th anniversary of the ICJ’s move to Geneva thanks to the great Swiss jurist Jean-Flavien Lalive, who was ICJ’s Secretary General in 1958.
This makes the ICJ one of the earliest international organizations to establish its headquarters in Geneva.
At the 1959 ICJ Congress in New Delhi, Dr. Lalive helped breathe new life into the rule of law and human rights.
The Delhi Declaration is, to date, a fundamental instrument interpreting the rule of law as a living concept, and underscoring the primary role of lawyers in its safeguard and in the advancement of human rights.
The ICJ plays a unique and preeminent role as a non-governmental organization seeking to defend human rights and the rule of law worldwide.
The ICJ will mark this event with two major initiatives:
- A visibility campaign from 26th September to 9th October: the TV screens on the Geneva public transport network and five vehicles will carry the slogan “Global Advocates for Justice and Human Rights – 60 years in Geneva”
- The launch of the “60th Anniversary Appeal” to all lawyers in the Republic and canton of Geneva to support the ICJ and, in turn, their less privileged colleagues, victims of persecution on five continents.
“Geneva can be proud of its image as the world human rights capital. It is a beacon for justice advocates around the world. We must continue to make it shine,” said Sam Zarifi, Secretary General of the ICJ.
“Through its 60-year history, the ICJ has contributed significantly to Geneva’s human rights record: the campaigns that led to the creation of the post of UN High Commissioner for Human Rights in 1993 and the UN Human Rights Council in 2006, as well as the adoption of the United Nations Convention against Torture in 1984 are some emblematic examples,” said Olivier Coutau, Head of La Genève Internationale.
“In the face of repeated attacks on human rights, the world needs, more than ever the ICJ’s competent, rigorous and effective defense of the rule of law,” Sam Zarifi added.
The Republic and canton of Geneva support the ICJ 60th Anniversary Appeal.
Additional information
The international reputation of the ICJ rests on these pillars:
- 60 Commissioners – eminent judges and lawyers – from all regions of the world and all legal systems – with unparalleled knowledge of the law and human rights;
- Cooperating with governments committed to improving their human rights performance;
- Effective balance of diplomacy, constructive criticism, capacity building, and if necessary, ‘naming and shaming’;
- Unmatched direct access to national judiciaries, implementing international standards and improved legislation impacting millions;
- Guiding, training and protecting judges and lawyers worldwide to uphold and implement international standards;
- Working for access to justice for victims, survivors and human rights defenders, in particular from marginalized communities;
- Following a strict result based management in project delivery.
In recognition of this effective approach, the ICJ has been awarded, during its long history, some of the most prestigious international awards: the Council of Europe Human Rights Prize, the United Nations Award for Human Rights, Erasmus Prize, Carnegie Foundation Wateler Peace Prize.
In 2018, the ICJ provided local trainings on five continents to assist 4,300 judges, lawyers and prosecutors strengthen their ability to protect and promote fundamental rights.
The ICJ has consultative status with the United Nations Economic and Social Council, UNESCO, the Council of Europe and the African Union.
Contact :
Michaël W. Sombart, Director Philanthropy & Strategic Partnerships, t: +41 22 979 38 31 ; m: +41 77 965 98 45 ; e: michael.sombart(a)icj.org
Oct 1, 2018 | Advocacy, Non-legal submissions
Today, the ICJ makes a submission to the UN Committee on Economic, Social and Cultural Rights in advance of Committee’s examination of South Africa’s initial periodic report under the International Covenant on Economic, Social and Cultural Rights.
South Africa ratified the Covenant in 2015. This is the first time that the Committee has the opportunity to review a report from South Africa on the implementation of its Covenant obligations.
The ICJ’s oral submissions will focus on the rights to work and an adequate standard of living.
The ICJ’s full written submissions also include emphasis on the rights to education, work and housing of persons with disabilities and recommend that the Committee recommend that the Government of South Africa make time-bound commitments to participative processes leading to:
1. The full domestication of Covenant in South African law
2. A comprehensive review of South Africa’s domestic laws and policies on ESC rights to ensure that they are implemented consistently with South Africa’s obligations in terms of the Covenant; and
3. The ratification of Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
In a joint statement with other civil society organizations, ICJ Legal Adviser Timothy Fish Hodgson said: “Unlike the South African Constitution, the International Covenant on Economic, Social and Cultural Rights contains a right to work. By ratifying the Covenant in 2015, the government has made a legally binding commitment to progressively eliminate unemployment and ensure that all work – whether in the formal or informal sector – is decent work.”
“As a result, for example, “both the level of the national minimum wage and measures taken by the government to combat South Africa’s 37.2% unemployment rate, should be evaluated in terms of the rights to work and the right to an adequate standard of living,” he added.
The ICJ’s oral submission is available here: South Africa-South Africa Review-Advocacy-Non Legal Submission-2018-ENG
The ICJ’s full written submissions are available here
The South African government’s full report to the Committee is available here
A live stream for the Committee’s proceedings is available here
