Posts Tagged ‘international criminal law’

Myanmar: no impunity for the military leaders

March 23, 2022

On 23 March 2022 the above-mentioned NGOs issued a Joint Press Release: “Hold the Myanmar military accountable for grave crimes”

UN must explore all possible ways to prosecute Myanmar military leaders and hold them accountable for genocide and atrocity crimes” said Human Rights Defenders from Myanmar in an online event as they engaged with the UN Human Rights Council following a series of reporting on Myanmar during the Council’s 49th Regular Session.

Nearly 14 months after the military launched its nationwide campaign of violence and terror in an attempt to illegally seize power, the military has killed over 2,000 people, including women and children and detained over 12,000. See also: https://humanrightsdefenders.blog/2022/02/02/myanmar-one-year-after-the-coup-only-getting-worse/

Having so far failed to impose its rule over the territory and population, the military continues to intensify its cruel and brutal attacks against the people of Myanmar with indiscriminate airstrikes, shelling, massacres, burning down of villages, torture, and sexual and gender-based violence. In addition, the military continues to block humanitarian aid to over 880,000 displaced people across the country while attacking medical facilities and medical and humanitarian workers.

Despite the brutal violence, the Myanmar people have continued to resist the military, steadfastly demonstrating their courageous will and defense of their democracy.

Over 400,000 civil servants who have joined the Civil Disobedience Movement refuse to work under the military, while others carryout general strikes and street protests. Boycott of military products and refusal to pay electricity bills continues and self-defense forces and formation of new autonomous local administrations alongside the existing parallel administrations in ethnic areas mar the military’s desperate attempts to assert administrative and territorial control.

Responding to calls made by civil society organizations for the UN to explore avenues to prosecute Myanmar military leaders and hold them accountable for grave crimes in Myanmar, His Excellency Aung Myo Min, National Unity Government’s Minister for Human Rights expressed his support during the online event, stating, ‘The UN Secretary-General should explore the feasibility of the establishment by the General Assembly or the Human Rights Council of an ad hoc tribunal to support accountability for alleged violations of international law in Myanmar.’

Following Minister Aung Myo Min’s remarks, Marzuki Darusman of Special Advisory Council for Myanmar and Former Chairperson of the Indpendent International UN Fact-Finding Mission on Myanmar stated during the event, ‘To complement the Independent Investigative Mechanism for Myanmar, that has been in operation for the last few years, it is only logical that an entity needs to be set up that is precisely a jurisdiction that would allow the IIMM – that was established by the Human Rights Council – to undertake its next step, and that is, on the basis of preparing the ground for criminal prosecution, for the Council to decide on a jurisdiction where those prosecutions can take place.’

Human Rights Defenders also called on the UN to seek pathways for accountability.
‘International community must rally to end cycle of impunity enjoyed by the military, and call on the Human Rights Council to explore all options to establish a jurisdiction to prosecute Myanmar military for committing war crimes, crimes against humanity and genocide, and stand with the people of Myanmar in their defense of democracy,’ said Khin Ohmar of Progressive Voice.

‘We welcome US designating the brutal violence committed against the Rohingya as genocide, but this must translate into action to hold the perpetrators accountable. Failure to act on the grave crimes being committed against the people of Myanmar, past and present, will only serve to embolden the military junta,’ said Razia Sultana of RW Welfare Society.

‘The military junta continues to conduct fierce airstrikes against civilians in Karen State, as well as in Karenni, Chin, and Sagaing with total impunity. CSOs and other human rights organizations have already provided, and continue to provide, the necessary evidence of atrocity crimes committed by the Myanmar military to UN bodies. It is time for active steps to be taken by the Human Rights Council to ensure that justice mechanisms move forward without delay.’ said Naw Htoo Htoo of Karen Human Rights Group.

‘Myanmar military is burning villages to the ground, conducting mass scorched earth campaigns in towns such as Thantlang, Chin State and using rape as a weapon of war. Without concrete action to stop this military’s campaign of terror, including an arms embargo and targeted sanctions, whole villages will continue to be reduced to ashes,’ said Salai Za Uk of Chin Human Rights Organization.

‘The price of inaction is surely clear to the Members of the Human Rights Council, which has documented military’s crimes for over 15 years. Through its various mandates and mechanisms such as the Fact-Finding Mission and Independent Investigative Mechanism for Myanmar, the Council has amassed vast amounts of evidence of Myanmar military’s atrocities including the genocide against Rohingya. It is time for the Council to build on this work and explore all possible avenues to hold the military leaders accountable through criminal prosecutions,” said FORUM-ASIA.

The online Side Event during the 49th Regular Session of the Human Rights Council “Justice and Accountability for Myanmar: Expectations and Possibilities”, which took place on 22 March 2022 can be viewed here: https://www.facebook.com/progressivevoice/videos/2137679243064231

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For a PDF version of this press release, click here

Israel and the international crime of Apartheid: a response by Human Rights Watch worth studying in full

July 9, 2021

EJIL Talk!, the Blog of the European Journal of International Law, last week had a symposium (see: https://www.ejiltalk.org/), which has addressed a number of legal issues arising from HRW’s report released in late April 2021 “A Threshold Crossed: Israeli Authorities and the Crimes of Apartheid and Persecution.” This report has received significant media attention.

See also: https://humanrightsdefenders.blog/2021/01/18/israel-and-apartheid-israeli-human-rights-group-stirs-debate/ and https://humanrightsdefenders.blog/2021/05/10/israeli-government-sponsored-app-goes-after-hrw-for-apartheid-categorisation/

On 9 july 2021 Clive Baldwin, Senior Legal Adviser of HRW, uses the opportunity to contribute to a substantive discussion focusing primarily on the implications of the report for the broader international legal discourse.

After detailed discussion of the international LEGAL aspects, he concludes:

The discussion demonstrates the importance of considering the term “apartheid” under international criminal law as a specific crime against humanity, together with the closely related crime against humanity of persecution. This requires a legal understanding of its definition and constitutive elements, as well as of ways to apply it. To even begin the process of criminal justice, prosecutors – and in particular those at the ICC – will first need to understand and investigate these crimes. Legal discussions like this symposium can, we hope, help advance this objective. These are crimes against humanity that have been neglected for too long.

https://www.hrw.org/news/2021/07/09/human-rights-watch-responds-reflections-apartheid-and-persecution-international-law

Towards Criminal Liability of Corporations for Human Rights Violations: The Lundin Case in Sweden

April 11, 2019
Last October, the Public Prosecution Authority of Sweden served Alex Schneiter and Ian H. Lundin, CEO and Chairman of Lundin Petroleum, with suspicion of aiding and abetting international crimes. Also, the company was informed of the prosecution’s intention to seek forfeiture of $400 million in criminally obtained benefits in case of a conviction. The suspects and their company have been given until June 15th to study the case files and to request for additional investigation. The trial is expected to open in the Autumn and may take a year in first instance.

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The case has the potential of becoming a landmark trial because of the novelty and complexity of the legal issues that the court will have to decide. In particular, with regard to the assessment of the individual criminal liability of the executives of Lundin, the determination of the applicable standards of proof, the question whether a lack of due diligence is sufficient for a finding of guilt, and the limits and overlap of individual criminal liability of corporate directors on the one hand and corporate criminal liability of organisations on the other. The Asser Institute intends to follow the trial closely, starting with the event  “Towards Criminal Liability of Corporations for Human Rights Violations: The Lundin Case in Sweden” on 23 May May 2019, when it will be hosting three subject experts to introduce the case itself, and to delve into the legal dimensions that are expected to make it a landmark war crimes case.

The meeting on 23 May starts at 16:00 at the T.M.C. Asser Instituut (R.J. Schimmelpennincklaan 20-22), The Hague. Netherlands.

The three speakers are:

  • Egbert Wesselink will provide an introduction to Sudan’s oil war, describe Lundin’s role in it, and examine the human rights responsibilities of the company and its shareholders.
  • Dr. Mark Taylor will discuss how the Lundin case sits in global developments regarding the criminal liability of corporations for human rights abuses in the context of conflicts.
  • Miriam Ingeson will give a Swedish perspective to the legal framework of the case and analyse the legal issues that it raises at the intersection between national and international law.
  • Moderator is Antoine Duval, Senior Researcher at the Asser Institute and the coördinator of the Doing Business Right project.

For some background material on the case and its wider context, see www.unpaiddebt.orgwww.lundinhistoryinsudan.com.

For full details, see https://www.ass…events/?id=3070<https://www.asser.nl/education-events/events/?id=3070> .

 

African human rights defenders defend the ICC against attacks by their governments

July 6, 2016

Human rights defenders from across Africa clarify misconceptions about the International Criminal Court (ICC) and highlight the need for African governments to support the court in a video released on 6 July 2016 by 21 African and international nongovernmental organizations. [see also: https://thoolen.wordpress.com/2013/11/18/the-fight-against-impunity-for-international-crimes-in-africa-no-free-pass-for-leaders-say-human-rights-defenders/]

In January 2016, the African Union (AU) gave its Open-Ended Committee of African Ministers on the ICC a mandate to develop a “comprehensive strategy” on the ICC, including considering the withdrawal of African member countries from the court. The committee met in April and agreed on three conditions that needed to be met by the ICC in order for the AU to agree not to call on African countries to withdraw from the court. These include a demand for immunity from ICC prosecution for sitting heads of state and other senior government officials – which is contrary to a fundamental principle of the court.

Human rights defenders from across Africa highlight the need for African governments to support the International Criminal Court in a video by 21 African and international nongovernmental organizations. The video features 12 African activists who raise concerns about AU actions toward the ICC.

It is not clear if the AU will consider any of the open-ended committee’s assessments and recommendations at its upcoming summit in Kigali, Rwanda, from 10 – 18 July.

The reasons why we supported the establishment of a permanent court as Africa have not changed,” says Stella Ndirangu of the International Commission of Jurists-Kenya. “The only thing that has changed is that now leaders are being held to account.”

To say that the ICC is targeting Africa, I think, is a misrepresentation of the situation,” says Angela Mudukuti of the Southern Africa Litigation Centre. “It’s more Africans making use of the court they helped to create.”

Six out of the nine African situations under ICC investigation came about as a result of requests or grants of jurisdictions by African governments – Côte d’Ivoire, Democratic Republic of Congo, Mali, Uganda, and the Central African Republic twice. Two other investigations in Africa, the Darfur region of Sudan and Libya, were referred to the court by the United Nations Security Council. In Kenya, the ICC prosecutor received the authorization of an ICC pretrial chamber to open investigations after Kenya repeatedly failed to investigate the 2007-08 post-election violence domestically. In January, the ICC prosecutor opened the court’s first investigation outside Africa, into Georgia, and is conducting several preliminary examinations of situations outside Africa – including in Afghanistan, Colombia, Palestine, and alleged crimes attributed to the armed forces of the United Kingdom deployed in Iraq.

The recommendations from the open-ended committee are the latest development in a backlash against the ICC from some African leaders, which has focused on claims that the ICC is “unfairly targeting Africa.” The backlash first intensified following the ICC’s 2009 arrest warrant for President Omar al-Bashir of Sudan for serious crimes committed in Darfur. While blanket immunity for sitting heads of state is available in some domestic jurisdictions, it has never been available before international criminal courts dealing with grave crimes. The AU, in 2015, adopted a protocol to give its continental court authority to prosecute grave crimes, but also, in a controversial provision, grants immunity for sitting heads of states and other senior government officials. That protocol will need 15 ratifications before coming into force, but has yet to be ratified by any country.

The video is endorsed by the following organizations that are part of an informal group that works to promote support for justice for grave crimes in Africa and beyond:

Africa Center for International Law and Accountability (Ghana)
African Centre for Justice and Peace Studies (Uganda)
Africa Legal Aid
Centre for Accountability and Rule of Law (Sierra Leone)
Centre for Human Rights and Rehabilitation (Malawi)
Children Education Society (Tanzania)
Club des Amis du Droit du Congo (Democratic Republic of Congo)
Coalition for the International Criminal Court (Burundi)
Coalition for the International Criminal Court (Global)
DefendDefenders – East and Horn of Africa Human Rights Defenders Project
Fédération Internationale des Ligues des Droits de l’Homme
Foundation for Human Rights Initiative (Uganda)
Human Rights Watch
International Commission of Jurists (Kenya)
Kenya Human Rights Commission
Kenyans for Peace with Truth and Justice
Legal Defense and Assistance Project (Nigeria)
Nigerian Coalition for the International Criminal Court
Réseau Justice Et Développement (Togo)
Southern Africa Litigation Centre
Southern Africa Centre for the Constructive Resolution of Disputes (Zambia)

 

Source: AU: Activists Challenge Attacks on ICC | Human Rights Watch

Antonio Cassese Summer School on Transitional Justice and Human Rights in July

April 3, 2014

The Antonio Cassese Initiative for Justice, Peace and Humanity and the Geneva Academy of International Humanitarian Law and Human Rights open their application process for the Summer School 2014, which will take place from 7 – 11 July 2014 in Geneva.  The 2014 Antonio Cassese Summer School offers an intensive course on transitional justice principles and processes, with a special focus on post-conflict situations. Based on both scholarly and practitioner expertise across a range of areas (including human rights, international criminal law, security reform, legal philosophy, gender politics) and country situations, the programme combines a general course on transitional justice with complementary topic-specific lectures. The general course will be delivered by leading transitional justice scholar Naomi Roht-Arriaza, Professor of law at the University of California.

To know more about the programme and prices, download the flyer: http://www.geneva-academy.ch/docs/events/Summer%20school%20Flyer%20FINAL.pdf

 

The fight against impunity for international crimes in Africa: No ‘Free Pass’ for leaders say Human Rights Defenders

November 18, 2013

Today, 18 November, a group of 14 Africa-based NGOs came out with a strong statement supporting the ICC which has its annual meeting coming up 20-28 November in the Hague: “African governments should reject special exemptions for sitting officials before the International Criminal Court (ICC)“, African organizations and international organizations with a presence in Africa said in a document released today. The ICC faces important challenges in Africa. In October the African Union said that the trials of Kenya’s president and vice president, Uhuru Kenyatta and William Ruto, should be suspended

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