May 2020

May 2020 - Human Rights Courts and Committees Updates

By: Diana Sposito & Mohammed Nazeeruddin Khan, Junior Research Associates, PILPG-NL

This month, several updates happened throughout the Human Rights Courts and Committees. This article summarizes and highlights the most relevant news, from 16 different Human Rights Mechanisms around the world.

INTERNATIONAL

Human Rights Council | Discussion about Human Rights Implications of the COVID-19 Crisis with its Special Procedures Mandate Holders

The UNHRC conducted an online meeting with its special procedures mandate holders to discuss the impact of COVID-19 on human rights. The special procedures mandate holders who act as the eyes and ears of the Council relayed a number of concerns regarding lockdowns and emergencies to the members of the Council. [ 30 April 2020]

Human Rights Council | Special Rapporteur urges China to drop charges against jailed Tibetan minority human rights defender

The UN Special Rapporteur on Minority Issues, Fernand De Varennes, called upon China to lift charges against a Tibetan human rights defender. A-Nya Sengdra, an anti illegal mining and corruption activist, was arrested by Chinese authorities on 4 September 2018 and given a seven year sentence. [19 May 2020]

Human Rights Committee | The height requirement in Italy discriminates against female firefighters

The Human Rights Committee found that Italy violated the right of a woman to become a permanent firefighter by imposing an unnecessary and unreasonable height requirement.  [15 May 2020]

Committee on Economic, Social and Cultural Rights | “Every worker is essential and must be protected from COVID-19, no matter what” – UN rights experts

The Special Rapporteur on Extreme Poverty and Human Rights and several UN experts called upon states to comply with their obligations towards workers of all classes. The experts highlighted the dire condition of workers across various states amid COVID-19, and underscored the need for the recognition of the Rights to Safe and Healthy Work. [18 May 2020]

Committee on the Elimination of Discrimination Against Women | Raising women’s voices and leadership in COVID-19 policies

The UN Women’s Rights Committee called all states and institutions to ensure women’s participation and equal representation in the creating of responses for COVID-19 and of strategies to recover from the pandemic. The Committee also issued guidelines of what needs to be taken into account to upheld women’s rights in this situation.  [22 Apr. 2020]

Committee on Enforced Disappearances | Virtual Opening of Eighteenth Session

The UN Committee on Enforced Disappearances opened its eighteenth session in an online meeting, hearing from the Chief of the Human Rights Treaties Branch of the Office of the United Nations High Commissioner for Human Rights, the Committee’s Chairperson, as well as the mother of a victim of enforced disappearance. It was addressed directly by a victim of enforced disappearance, who paid tribute to other enforced disappeared victims and commented on the Committee’s work on her case. This is the first complete virtual session held by a UN treaty body. [4 May 2020]

Committee on the Rights of the Child | Canada Urged to Repatriate Orphaned five-year-old Girl Held in Syrian Camp

UN experts urged Canada to secure the release and repatriation of a minor girl living in a Syrian Refugee camp. The girl’s parents, who were Canadian citizens suspected of ISIS affiliation, died in an airstrike in 2019. The experts noted that Canada had a duty towards her citizens, especially children who were the biggest victims of the conflict. [20 May 2020]

Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families | UN Experts urge states to protect migrant rights amid COVID-19

The UN Committee on the Protection of the Rights of All Migrant Workers (CMW),  provided 17 guidelines for states to adopt when dealing with migrant workers amid COVID-19. The experts called upon states to integrate migrant workers into their national prevention and medical strategies.  [26 May 2020]

AFRICA

African Court on Human and People’s Rights |  Judges hold Virtual Meeting amid COVID-19

The judges of the African Court of Human and Peoples Rights held an online meeting to charter a course for the functioning of the Court during the global COVID-19 crisis.  The judges discussed measures to address the safety of the court staff and resolved to hold its 57th Ordinary Session virtually.  The Judges further reflected upon the recognition of the Court’s jurisdiction by Benin and Cote d'Ivoire  pertaining to complaints by individuals and NGOs. [ 4 May 2020]

African Court on Human and People’s Rights | Passing of Justice Augustino Ramdhani 

The African Court of Human and Peoples Rights conveyed its condolences on the passing of former Justice Augustino Ramdhanai. Justice Ramdhanai was a national of Tanzania and was elected to the Court in 2010 for a six year term, before which he had a distinguished career serving as the Chief Justice of Tanzania and Zanzibar. [29 April 2020]

African Commission on Human and People’s Rights | Arrest of genocidaire Felicien Kabuga welcomed

The African Commission welcomed the arrest of  Felicien Kabuga in Paris, France. Felician Kabuga is accused and was wanted for the financing and inciting the Tutsi genocide committed in Rwanda during 1994. The Commission termed the arrest and “an overdue but crucial step in the justice process”. The Commission further underscored the importance of the arrest to achieve the goals set out in the African Union Transitional Justice Policy.  [20 May 2020]

African Commission on Human and People’s Rights | Refugee camp attacked in Burkina Faso

The African Commission’s Special Rapporteur on Refugees, Asylum Seekers, and Internally Displaced People (IDPs) expressed concern about the attack on Malian refugees, taking shelter in the Menato Refugee Camp in Burkina Faso. The attack was allegedly perpetrated by the Burkinabe security forces who are believed to have allegedly beaten refugees and issued them an ultimatum to leave the refugee camp. [15 May 2020]

THE AMERICAS

Inter-American Court of Human Rights | Circle of Interamerican Conference about Challenges of COVID-19 and Human Rights

The IACtHR has announced that the Circle of Interamerican Conference, starting May 22, will debate the current and future challenges and impacts of COVID-19 on human rights and the rule of law. The debate will be centered on six main themes, from the violence of gender to the economic impacts on ESCR rights.  [5 May 2020]

Inter-American Court of Human Rights | Webinar on Freedom of the Press and Access to Information in times of COVID-19

The IACtHR in partnership with Programa de Estado de Derecho para América Latina de la Fundación Konrad Adenauer Stiftung and  Oficina Regional para Información y Comunicación de la UNESCO organized an online webinar to discuss the situation of journalists in Latin America and the Caribbean during the current pandemic. More than 1.000 people from 26 different states participated. [8 May 2020]

Inter-American Court of Human Rights | Infographic on “COVID-19 and the Right to Health”

The IACtHR has prepared together with Max Planck Institute for Comparative Public Law and International Law y el Instituto de Estudios Constitucionales del Estado de Querétaro, has prepared a series of infographics entitled “COVID-19 y el Derecho a la Salud” (COVID-19 and the Right to Health). The infographics aim to explain in a didactic way the main standards of the right to health, which apply to the current situation, taking into account the jurisprudence of the Court. [8 May 2020]

Inter-American Commission of Human Rights | Call for States to guarantee the rights of Afro-descendant Persons and prevent racial discrimination in the context of the COVID-19 pandemic

The IAComHR and its Special Rapporteur on Economic, Social, Cultural and Environmental Rights (OSRESCER) urged states to prevent and combat racial discrimination, and respect the rights of Afro-descendant persons and tribal communities in the context of COVID-19 and treat them according to the principles of dignity, equality, and non-discrimination. [28 Apr. 2020]

EUROPE

European Court of Human Rights | New Judgments Published

The ECtHR published several new judgments on its website. The most noteworthy include, Castellani v France, which pertains to the inadequate planning and excessive use of force by special forces during arrest. The second, Keaney v Ireland, lays down that Irish law does not provide effective remedy for complaints about excessive length of proceedings [30 April 2020]

May 2020

May 2020 - International Criminal Court Updates

By: Shraddha Dubey, Junior Research Associate, PILPG-NL

In the past month, the International Criminal Court released developments on the Bemba case and the ICC Prosecutor presented a report on Libya before the United Nations Security Council. The ICC also acknowledged the appointment of Ms. Doumbia as the new Chair of The Trust Fund for Victims.

AFRICA

Democratic Republic of Congo | Pre-Trial Chamber II rejects Mr. Bemba’s claim for compensation and damages

On 18 May 2020, the Pre-Trial Chamber II of the ICC  issued its decision on Mr. Jean-Pierre Bemba’s claim for compensation and damages. It adjudicated his claims on two components. First, was a request for compensation under Article 85(3) of the Rome Statute. On this component, the Chamber considered that Mr. Bemba failed to establish that he had suffered a grave and manifest miscarriage of justice within the meaning of Article 85 of the ICC Rome Statute, and accordingly, declined to exercise its discretion to award compensation to Mr. Bemba. 

The second component was a request for damages related to the alleged ICC Registry's mismanagement of assets frozen by order of ICC Judges. The Chamber found that this matter falls outside the scope of Article 85 of the ICC Rome Statute and of its competence, and accordingly dismissed it. The Chamber also clarified that the responsibility for the proper execution of a cooperation request from the Court rests primarily with the requested States. he role of the Registry is limited to facilitating communication with the Court. Hence, its decision is without prejudice to Mr. Bemba's right to pursue other procedural remedies and avenues.

While noting that the case of Mr. Bemba demonstrated the serious consequences resulting from absence of statutory limits for proceedings and custodial detention, the Chamber stressed on the Courts responsibility to ensure expeditious proceedings as a fundamental tenet of fair trial and urged States Parties to review the Rome Statute to address those limitations.

Libya | ICC Prosecutor presents 19th Report on the Situation in Libya to United Nations Security Council

On 5 May 2020, ICC Prosecutor, Fatou S. Bensouda presented her Office’s 19th report on the Situation in Libya before the United Nations Security Council through video conference. She informed them of the Office of the Prosecutor’s progress on Libya, including their work on application for new warrants of arrest.  She reminded the Council that the arrest warrant for Mr. Gaddafi is enforceable and that Libya continues to be under an obligation to arrest and surrender him to the Court.

ICC OPERATIONS

COVID-19 | Measures Extended

To participate in containing the COVID-19 spread and in accordance with the measures adopted by the Host State (The Netherlands), the ICC declared that staff members based in The Hague will continue working remotely until further notice. All visits to the Court have been cancelled.

The Trust Fund for Victims | Ms. Doumbia appointed as Chair of the Trust Fund for Victims by its Board of Directors

On 29 April 2020, the Board of Directors of the Trust Fund for Victims (TFV) at the ICC, in a closed session, unanimously elected Ms. Mama Koité Doumbia as Chair of the TFV. She will hold the position for the remainder of the mandate period of the TFV, until December 2021. Ms. Doumbia succeeds Mr. Felipe Michelini in this position, who passed away on 19 April. Ms. Doumbia is from Mali and represents the African group of States Parties in the TFV Board.

May 2020

May 2020 - Domestic Prosecution of International Crimes Updates

By: Sophia Zademack, Junior Research Associate, PILPG-NL

This month, several states have initiated or continued to prosecute international crimes in their domestic jurisdiction. This article summarizes and highlights some of them, relying on international and national sources. 

EUROPE

France | Rwandan Genocide suspect arrested        

The French police have arrested 84-year-old Félicien Kabuga near Paris.  Kabuga is accused of financing the killings of the Rwandan Genocide and was one of the world’s most wanted men.  Allegedly, he created the Interahamwe militia and equipped it with the machetes used in the majority of its murders.  As one of Rwanda’s richest men, he also ran the Radio Télévision Libre des Mille Collines, which incited murder during the genocide.  He will now appear before local magistrates in France before being transferred to the custody of the International Residual Mechanism for Criminal Tribunals in The Hague to stand trial. [16 May 2020]

Switzerland | Oil trading company accused of war crimes by NGO          

The NGO Trial International has filed a criminal complaint for complicity in pillage against the Swiss company Kolmar Group.  The investigations retraced the transnational network of gasoil smuggling from Libya.  The Kolmar Group is alleged of purchasing more than 50,000 tonnes of smuggled gasoil between 2014 and 2015, which could constitute complicity in pillage.  Pillage is a war crime under the Rome Statute and also under the Swiss Criminal Code.  The Office of the Swiss General Attorney will now take up further investigations. [24 May 2020]

Germany | Germany starts proceedings against a German/Tunisian woman, accused of crimes against humanity.         

Germany started the proceedings against a woman that allegedly committed crimes against humanity while living in Syria with her family.  A 13 year old Yazidi girl allegedly was held as a slave by the accused woman and after several months passed on to another family.  The woman joined the IS in 2015 and moved back to Germany in 2016.  In 2019 she was arrested in Hamburg where the proceedings take place.  [4 May 2020]

THE AMERICAS

Colombia | No pardons or amnesties for war crimes or crimes against humanity         

Colombia will offer individuals who leave crime gangs and rebel dissident groups legal benefits, including reduced sentences in an effort to weaken illegal armed groups, Colombia’s high peace commissioner said.  Those who voluntarily surrender will get legal benefits such as reductions in jail sentences and access to an up to six-year reintegration process that includes economic support.  However, the peace commissioner also made clear that there will not be pardons or amnesties for those responsible for war crimes or crimes against humanity.  [30 Apr. 2020]

Brazil | Argentine fugitive from dictatorship arrested in Brazil        

Brazil's federal police agency has arrested a former Argentine navy officer accused of dictatorship-era crimes, including crimes against humanity and kidnapping.  Argentina's foreign ministry confirmed the identity in a statement, saying that the man was Gonzalo Sánchez, also known as „Chispa".  He is suspected of forming part of a group that assassinated students, union members and opposition politicians.  Brazil plans to extradite him to Argentina. [12 May 2020]

AUSTRALIA

Australia | War veteran might face charges for war crimes       

One of Australia’s decorated Afghan veterans possibly faces charges for alleged war crimes.  Official sources have confirmed that federal agents have submitted evidence concerning the allegations to prosecutors.  The evidence outlines that the veteran kicked a defenseless prisoner off a cliff and covered up the subsequent murder during a mission in Afghanistan in September 2012.   [7 May 2020]

AFRICA

Central African Republic | Massacre leads to investigations about war crimes and crimes against humanity        

The prosecutors of the Central African Republic (CAR) announced an inquiry on suspected war crimes and crimes against humanity after more than two dozen people were massacred in the Central African Republic.  Around 30 corpses were found, including a mother and her baby.  According to the prosecutor, the leaders of the armed groups that conducted the attack are the main suspects.  [7 May 2020]

April 2020

April 2020 - International Criminal Court Updates

By: Shraddha Dubey, Junior Research Associate, PILPG-NL

In the past month, the International Criminal Court released developments regarding one case and updated its measures against COVID-19. It also acknowledged the passing away of Felipe Michelini, Chair of the Board of Directors of The Trust Fund for Victims at the ICC.

AFRICA

Mali | ICC Pre-Trial Chamber I accepts amendments to the charges in the Al Hassan case

On 23 April, 2020, Pre-Trial Chamber I of the ICC issued a confidential decision partially granting the Prosecutor's request to modify the charges against Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud (Mr. Al Hassan). 

The Chamber decided to include in the charges additional facts that will be added to the existing charges of Crimes against Humanity of sexual slavery, rape, persecution, and other inhumane acts including forced marriage. Also included in the charges are charges of War Crimes of cruel treatment, sexual slavery, rape, outrages upon personal dignity, and passing of sentences without previous judgment pronounced by a regularly constituted court affording all judicial guarantees which are generally recognized as indispensable. 

ICC OPERATIONS

COVID-19 | Measures Extended

The Court’s measures in accordance with the policies of the Host State, The Netherlands means that staff members based in The Hague continue to work remotely until 19 May, 2020 included (subject to review). All visits to the Court remain canceled.

The Trust Fund for Victims | Felipe Michelini Passes Away

On 20 April, 2020 The Trust Fund for Victims at the ICC announced the passing of Felipe Michelini, Chair of the Board of Directors, on Sunday, 19 April 2020. Felipe Michelini was elected to the Board of Directors of The Trust Fund for Victims first in 2015. He became the Chair of the Board upon election in 2018.

April 2020

April 2020 - Southern Cameroon Updates

By: EDITIMFON IKPAT, JUNIOR RESEARCH ASSOCIATE, PILPG-NL

THIS POST COLLECTS UPDATES FROM THE PAST MONTH CONCERNING RELEVANT DEVELOPMENTS IN SOUTHERN CAMEROON. THE INFORMATION IS DRAWN FROM LOCAL AND INTERNATIONAL ONLINE SOURCES.

Ngarbuh Massacre Investigation Commission: Report Released 

Following the massacre that took place in Ngarbuh village, Donga Mantung in the  North West region of Cameroon on February 14, 2020, a Commission was created to “investigate the killings and provide a report within ”. On April 21, 2020, the report by the investigation commission was published in which the Cameroonian government acknowledged the responsibility of the Cameroonian army in the massacre of civilians. According to the report, victims “will be compensated” while soldiers who committed the act “will be prosecuted”.

The Human Rights Watch has recognized the publication of the report and the established responsibility of the Cameroonian army as “an important step towards justice”. Likewise, Herman J. Cohen, former US assistant secretary of state for African affairs, has pegged this step as a sign of “elements of peace starting to come together in Cameroon”. While also recognizing the positive step undertaken by the Cameroonian government, the United  Nations Commissioner for Human Rights – Michelle Bachelet – has called for a fair and transparent judicial process in establishing the accountability of the alleged perpetrators.

Election: Ruling party wins thirteen seats in the Anglophone region

The ruling party – Democratic Rally of the Cameroonian People – won the thirteen available deputy seats of the partial elections held on March 22, 2020, in the eleven electoral districts of the English-speaking regions of North – West and the South-West. The victory follows the rejected petition for a partial cancellation of the elections, brought before the Constitutional Council by the opposition party – Social Democratic Front –  on March 26, 2020. The petition was based on the grounds that some of the polling stations were moved by the elections management body without the knowledge of the voters. 

COVID-19: Humanitarian Intervention

With the closing of the borders by the Cameroonian government as a measure to curtail the spreads of coronavirus within its territory, Human Rights Watch (HRW) is concerned about the crisis in the English-speaking regions and Far North province of the state HRW considers  that a more general humanitarian response is essential to save lives within these conflict regions. Consequently, HRW has appealed to the Cameroonian government to aid in facilitating access to these conflict regions for humanitarian organizations by re-authorizing them. The Médecins Sans Frontières has called on the Cameroonian government to aid in the humanitarian situations in the Far North, North West, and South West regions in the light of the ongoing coronavirus pandemic. As these regions are in dire need of humanitarian assistance.