Posts Tagged ‘legal status’

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

Where is it (il)legal to be gay?

February 6, 2014

The BBC has produced a map which shows the broad legal status of gay people living in UN member states, according to data provided by the UN’s human right’s office, who built on information from the International Lesbian Gay Bisexual Trans and Intersex Association.

The legal status of people in same-sex relationships depends very much on where they live. At one end of the spectrum there are those countries that punish homosexuality with the death penalty – Iran, Mauritania, Saudi Arabia, Sudan and Yemen – as well as in parts of Nigeria and Somalia. At the other end, there are those countries where gay couples have the same marriage rights as heterosexual couples. However, the categorisation of countries according to their approach to gay rights is not without problems. Some states have conflicting laws on same-sex relationships, simultaneously having laws that punish and protect, while other countries have different laws in different regions. This is reflected in the key. Countries have been categorised by their most progressive or regressive laws, apart from where laws are contradictory. Countries where gay rights vary between states have been coloured by their most progressive or regressive law. [The map does not reflect day-to-day experiences of lesbian, gay, bisexual and trans and intersex people. In many places where anti-discrimination laws exist, gay people continue to be persecuted by state authorities and wider society.]

There is also an interesting timeline, pulled together by the UN, which uses 1789 – the date of the French Revolution – as its starting point. It was chosen by the UN as a baseline, as it was a time when homosexuality was criminalised in many countries.

BBC News – Where is it illegal to be gay?.