Jan 25, 2019 | Advocacy, Legal submissions
Today, the ICJ and Lawyers Rights Watch Canada (LRWC) submitted a joint amicus curiae in criminal defamation proceedings against human rights defenders Nan Win and Sutharee Wannasiri for bringing to light alleged labor rights violations at Thammakaset Company Limited.
The defamation charges relate to a 107-second film, produced by the non-governmental organization Fortify Rights, which documents previous defamation complaints brought by Thammakaset against 14 of its former migrant workers from Myanmar.
Nan Win was one of the migrant workers featured in the film. Sutharee Wannasiri, former Human Rights Specialist with Fortify Rights, was charged in connection with making three Twitter posts relating to the film.
The brief aims to clarify the nature and scope of Thailand’s international legal obligations relating to the right to freedom of expression and points out that the imposition of harsh penalties such as imprisonment or large fines on a human rights defender risks having a ‘chilling effect’ on the exercise of freedom of expression, which Thailand is bound to protect pursuant to its international legal obligations.
The preliminary examinations of Nan Win and Sutharee Wannasiri will begin on 4 February and 11 March 2019, respectively.
During the preliminary examination hearing, is the Court will consider the case before it to determine if it is a prima facie case.
The preliminary examination hearing is a mandatory proceeding in matters involving prosecution claims brought by private individuals or entities, such as in the case of Nan Win and Sutharee Wannasiri.
If the preliminary examination finds that the cases are prima facie, the court will admit to trial only the charges relating to the counts deemed prima facie.
If the court finds no prima facie case, it can rule that the charges be dismissed.
Read also:
Thailand: Drop defamation complaints against human rights defenders Nan Win and Sutharee Wannasiri (3 December 2018)
Download:
Thailand-Nan Win Kratik_Amicus-Advocacy-legal submission-2019-ENG (full amicus in PDF, English)
Thailand-Nan Win Kratik_Amicus-Advocacy-legal submission-2019-THA (full amicus in PDF, Thai)
Dec 15, 2018 | Events, News
On 14 December, the International Commission of Jurists (ICJ) and the Tashkent State University of Law (TSUL) organised expert discussions on economic, social and cultural rights (ESC) to advance civil society in promoting ESC rights and standards in Uzbekistan.
Leading national experts as well as ICJ representatives, including an ICJ Commissioner, Jarna Petman, discussed the use of non-discrimination principle in court decisions.
The expert discussion, including on issues such as adoption of new laws, regulations and policies that leave marginalized groups outside the protection of the law, took place during a research mission on access to justice for ESC rights in Uzbekistan.
The ICJ expert discussions aim to increase awareness about the implementation of international law and standards on ESC rights before national courts, to facilitate access to justice for ESC rights and effective use of international human rights law for ESC rights.
Every two months, they bring together lawyers, specialists, members of academia and law students via interactive discussions, research papers, peer review articles and policy papers.
The first expert discussion took place on 18 September 2018 at TSUL and was devoted to international standards on the right to work.
Oct 31, 2018 | News
On 28‒31 October 2018, the ICJ hosted two seminars for 30 judges and prosecutors and 26 lawyers from Libya.
The events were co-organized with the Libyan Network for Legal Aid and commenced with opening remarks by ICJ Commissioner, Justice Kalthoum Kennou of Tunisia.
The first seminar on 28‒29 October on “Fair Trial Guarantees in Libya in light of International Standards” aimed to deepen the understanding of Libyan judges and prosecutors of the application of international law and standards regarding fair trials.
The seminar covered pre-trial rights, such as the right to liberty, to effective legal counsel and to be brought promptly before a judge, and rights at trial, such as the right to defend oneself in person, to call and examine witnesses and to an appeal.
International fair trial standards were considered in light of Libyan domestic law and cases, including case 630/2012 involving 37 Ghaddafi-era officials.
The second seminar on 30‒31 October on “The Law and Procedure to File a Submission before the International Criminal Court” aimed to increase Libyan lawyers’ understanding of how to properly file a successful submission to the Office of the Prosecutor.
The Seminar covered the structure and functioning of the ICC, the jurisdictional and admissibility requirements, and the standards for collection and admissibility of evidence.
The Seminar further discussed the roles of NGOs, lawyers and victims in ICC proceedings, providing practical guidance on how and when to file a communication under Article 15 of the Rome Statute of the ICC.
Speakers included judges and prosecutors from international courts and tribunals as well as ICJ staff.
Dec 8, 2017 | News
US President Donald Trump’s declaration recognizing Jerusalem as Israel’s capital and indicating an intention to move its embassy there, dangerously ignores long-standing international law, the ICJ said today.
Numerous United Nations Security Council’s Resolutions have reiterated the inadmissibility of the acquisition of territory by war, and have urged the withdrawal of Israel armed forces from territories occupied in the 1967 conflict, including East Jerusalem.
Trump’s announcement turns a blind eye on this legal reality and the related 50 years of occupation.
It also implicitly condones Israeli policies and practices that aim at altering the character and status of the Palestinian territory, including through the annexation of East Jerusalem, particularly by failing explicitly to similarly endorse Palestinian claims to East Jerusalem.
“Trump’s declaration cannot form the basis for any alteration of the status of Jerusalem under international law. However, it has the potential of provoking and fuelling a new cycle of violence in the region,” said Said Benarbia, ICJ MENA Director.
Thousands of Palestinians have taken to the streets to protest against Trump’s declaration. Dozens were injured in clashed with Israeli forces.
“The Israeli authorities should guarantee the right to peaceful protest and refrain from any disproportionate use of force against protesters, including the unlawful use of lethal force,” Benarbia added.
Background
The 2016 UN SC Resolution 2334 specifically reiterate that the Security Council “will not recognize any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the parties through negotiations,” and that “the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law and a major obstacle to the achievement of the two-State solute on and a just, lasting and comprehensive peace.”
This reaffirms a series of similar resolutions by the Security Council since 1967.
Palestine-Trump Decla-News-2017-ARA (Statement in Arabic, PDF)
Nov 8, 2017 | News
Today, the ICJ addressed an academic seminar on the topic of “Post-mortem Examinations and Inquires”, organized by Chiang Mai University’s Faculty of Law, in collaboration with the Cross Cultural Foundation, a partner of the ICJ.
Participants in the seminar, which was held at Chiang Mai University’s Faculty of Law campus, included undergraduate students and lecturers from Chiang Mai University.
The ICJ’s speakers at the workshop were Sanhawan Srisod, ICJ National Legal Adviser, who delivered an introduction to International Human Rights Law, and Kingsley Abbott, ICJ Senior International Legal Adviser, who addressed the right to life, and the international law and standards as they relate to investigations including the rights of victims and family members.
Other speakers at the Workshop were Preeda Nakphew a lawyer with the Cross Cultural Foundation, and Sarawut Pratoomraj, a Law Reform Officer with the Law Reform Commission of Thailand.
The seminar was part of an ongoing engagement between the ICJ and Chiang Mai University’s Faculty of Law.
