August 2020

August 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 16 human rights courts and committees. This article summarizes and highlights the most relevant news updates. 

INTERNATIONAL

Human Rights Council | Threat to Peace and Stability in South Sudan

The Human Rights Council, through the Commission on South Sudan, expressed grave concern over the escalating violence in 6 of its 10 states countrywide. The violence has seen large scale destruction and the displacement of nearly 80,000 civilians. The Commission informed that Sexual and Gender Based Violence was central to the violence, and starvation was rampant. The commission urged the parties to implement the peace agreement. [August 14th, 2020]

Committee on the Rights of Persons With Disabilities | UN Experts Launch Guidelines on Access to Justice for People with Disabilities

The UN Special Rapporteur for the rights of people with disabilities, the Committee on the Rights of Persons with Disabilities (CRPD), and the UN Secretary General’s Special Envoy for the rights of people with disabilities jointly launched the International Principles and Guidelines on Access to Justice for Persons with Disabilities. The guidelines outline 10 principles and are the first-ever practical handbook for states and other stakeholders. It aims to increase the accessibility of justice mechanisms for disabled people and is considered an important contribution to international human rights law. [August 28th, 2017]

Human Rights Committee | Underfunding is a Threat to Committees’ Work

Chairpersons of the 10 UN human rights treaty bodies, which monitor the implementation of international human rights treaties, called on states to properly support their work, warning that the current underfunding is set to affect upcoming review meetings from September onwards. The UN is facing a budget crisis, and, according to the chairpersons, this is a major threat to the Committees’ work. They noted that there is currently no guaranteed funding available to support the treaty bodies’ meetings from September onwards. [August 4th, 2020]

Committee on the Elimination of Discrimination Against Women | CEDAW calls Bosnia and Herzegovina to Recognize Sexual Violence Survivors’ Rights 

The Committee on the Elimination of Discrimnation Against Women (CEDAW) recognized that survivors of sexual violence in armed conflict have long been neglected in Bosnia and Herzegovina. Thus, the Committee urged the government to take immediate action to provide adequate social and economic support, after 25 years of impunity. It also concluded that conflict-related sexual violence investigations in the country had been ineffective and that proceedings were slow and the compensation was insufficient for the victims. [August 19th, 2020]

Committee on Enforced Disappearances | Statement on the International Day of the Victims of Enforced Disappearances

To mark the International Day of the Victims of Enforced Disappearances on 30 August, the UN Committee on Enforced Disappearances and the Working Group on Enforced or Involuntary Disappearances issued a statement claiming that states must continue to search for victims of enforced disappearances even during the COVID-19 pandemic. According to the Committee, the situation is all the more worrying as the searches and investigations into enforced disappearances are frequently being put on hold because of the restrictions introduced as a result of the pandemic. [August 27th, 2020]

AFRICA

African Commission on Human and People’s Rights | Concern over Oil Spill and Environmental Pollution in Mauritius

The African Commission showed grave concern over the oil spill in the Indian Ocean on the reef near Pointe d’Esny on the southeast coast of the Mauritian island. The spill allegedly occurred when the Japanese bulk carrier, the MV Wakashio, ran aground around July 25 and began to leak tons of diesel and oil into the ocean. It further gave several recommendations to concerned stakeholders and commended the Government of Mauritius for proclaiming an environmental emergency. [August 14th, 2020]

THE AMERICAS

Inter-American Court of Human Rights | Argentina is Responsible for Violating Right to Appeal

In the Judgment in the Case of Valle Ambrosio et al. V. Argentina, the Inter-American Court of Human Rights found the state of Argentina responsible for the violation of the right to appeal the ruling before a higher court, to the detriment of César Ramón del Valle Ambrosio and Carlos Eduardo Dominguez Linares. [August 5th, 2020]

Inter-American Court of Human Rights | Ecuador is Responsible for Sexual Violence Committed in a State School

The State of Ecuador was found responsible for sexual violence committed by state agents to an adolescent girl in the case Guzmán Albarracín y Otras vs. Ecuador. The act was committed in a state educational institution by the school director, which led to the suicide of the victim. This was the first case in which the Court looks at sexual violence against girls in state schools. [August 14th, 2020]

Inter-American Commission of Human Rights | IACHR Calls on the United States to Implement Structural Reforms in the Institutional Systems of Security and Justice 

In the framework of the protests against racial discrimination, the Inter-American Commission on Human Rights (IACHR) calls on the United States to make progress with structural reforms in its security and justice systems. The IACHR urges the State to make said reforms a central axis of transformation in eradicating institutional racism present in the actions of law enforcement authorities, as well as in the operation of the justice system, which has a disproportionate impact on the detriment of Afro-descendant persons. [August 8th, 2020]

Inter-American Commission of Human Rights | Joint Statement on the Necessity to Strengthen Environmental Protection During COVID-19 Pandemic

The United Nations Special Rapporteur on human rights and the environment and the Special Rapporteur for Economic, Social, Cultural, and Environmental Rights from the OAS’ Inter-American Commission for Human Rights issued a joint statement to highlight challenges related to the COVID-19 pandemic and the global environmental crisis. Instead of seeing Governments improve environmental safeguards in response to the pandemic, several regressions have been observed, with consequences on the enjoyment of the right to a healthy environment in the region. [August 13th, 2020]

EUROPE

European Court of Human Rights | Interim Measures in Aleksey Navalnyy case

The Grand Chamber of the ECtHR ruled to grant Aleksey Navalnyy an interim measure to allow his doctors and family to have access to him and evaluate if he is fit to be transported to Germany for treatment. The interim measure was granted under Rule 39 of the Rules of Court,Mr. Navalnyy’s family asked that he be transferred to the Charité hospital in Berlin for treatment. [August 24th, 2020]

August 2020

August 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. 

United States demands investigation in killing of humanitarian worker 

Following the murder of Pastor Tanjoh Christopher Fon, a humanitarian aid worker with the Community Initiative for Sustainable Development by unknown armed separatist group, the United States embassy in Cameroon, has called for the investigation into the death of Pastor Tanjoh Christopher Fon. [August 11th, 2020]

American Bar Association urges UN to end Anglophone crisis

The American Bar Association at its last annual meeting, passed a resolution urging the United States, the United Nations and other states to facilitate dialogues between the Cameroonian government and separatist leaders in order to bring an end to the ongoing Anglophone crisis. [August 11th, 2020]

Anglophone refugees in Nigeria refuse visit of South West Governor

Anglophone refugees residing in Cross-River state of Nigeria, have refused the proposed visit of the Cameroonian South-West Governor – Bernard Okalia Bilai –  and have warned that such visit will be met with “stiff resistance” by the refugees. [August 10th, 2020]

Assessment of humanitarian situation by Swiss delegation

The Swiss delegation from the Embassy of Switzerland in Cameroon, visited Buea on a mission to evaluate the humanitarian situation and the needs of individuals resident in the region. Despite the visit, no “partnership” of any kind was discussed or signed between the delegation and the Buea authorities. [August 5th, 2020]

August 2020

August 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

United Kingdom | War crime suspect arrested in London           

The London police arrested a former fighter and frontline commander of the Liberia United for Reconciliation and Democracy (LURD), Jankuba Fofana.  Fofana allegedly committed war crimes in Liberia between 1989 and 2003 where approximately 250.000 people were killed in a civil war.  The LURD’s main aim during the war was to force Charles Taylor out of office, Fofana is known to be one of the main leaders of the LURD and played a key role during ceasefire talks. [August 27, 2020]

Germany | Public granted access to Arab version of Al-Khatib Trial           

The Court of Koblenz decided that accredited Arabic speaking journalists will be granted access to the simultaneous German-Arabic interpretation of the trial on Syrian state torture before the Higher Regional Court in Koblenz, Germany. The Constitutional Court of Germany decided so after a Syrian journalist and the Syria Justice and Accountability Centre filed a preliminary injunction. [August 18, 2020]

Germany | Witnesses in torture trial fear threats of families back home           

The first two inside witnesses appeared in the torture trial against Syrian state officials. Both answered vaguely and were unwilling to confirm several incidents in the court hearing.  They had mentioned before that their families back in Turkey and Syria had been threatened by the families of the accused and were left without protection. [July 27th, 2020]

Bosnia | War Convict again indicted for killing Bosniaks           

The Bosnian state prosecution filed an indictment against Predrag Bastah, charging him with crimes against humanity. Bastah allegedly participated in the murders of 37 Bosniak civilians along with two Bosnian Serb Army soldiers. In 2011, Bastah was already sentenced to 22 years in prison for unlawful detention and forced disappearances and is currently imprisoned. The new indictment is now filed for confirmation at the state court.  [August 12, 2020]

THE AMERICAS

Colombia | Request to extradite war lord from the United States to Colombia           

Colombian authorities requested the extradition of Salvatore Mancuso, who is currently living in the United States.  Mancuso was the leader of a right wing paramilitary group during Colombia's civil war and was convicted of 1.5000 murders and forced disappearances.  He was then extradited to the US for drug trafficking and released in May 2020. Mancuso was ordered to be deported to Italy before September 4th, but in a highly politicized move, the US has decided to extradite him to Colombia instead where he is wanted for gross human rights violations. [August 26, 2020]

Guatemala | Convicted Military Officials seek release           

The First Court of Appeals in Guatemala held a hearing to consider a request for release, filed by three senior military officials. The officials were convicted for crimes against humanity, aggravated sexual assault, and forced disappearance against Emma and Marco Antonio Molina Theissen by the High Risk Court C in Guatemala. Their request to be released is based on concerns about COVID-19 hygiene and safety in jail. The lawyer of the victims filed an appeal against this, invoking that the Guatemalan criminal code excludes substitution measures for those convicted of the crimes of forced disappearance and aggravated rape. [August 18, 2020]

Guatemala | Former Special Forces Soldier indicted by a Guatemalan Court           

The Guatemalan High Risk Court A indicted Gilber Jordán, a former member of the special forces, for his alleged role in the Dos Erres massacre.  The massacre happened in 1982 in the community of Las Dos Erres. Many of the women and girls of the community were raped and all members of the community were killed afterwards.  Jordán is charged with direct participation in murder in 162 counts and faces charges of crimes against humanity. [July 25th, 2020] 

ASIA

Cambodia | ECCC seals Ao An Trial           

The ECCC ordered the sealing and archiving of the Ao An case. The international and Cambodian judges were not able to agree upon further procedure of the case. According to the order, the “national judges declared that there would be no trial of Ao An now or in the future”. This led to the final order of sealing the case.  [August 14, 2020]

AFRICA

Rwanda | Paul Rusesabagina arrested on terrorism charges 

The inspiration behind the film “Hotel Rwanda” Paul Rusesabagina has been arrested and is now in police custody in Kigali. Rusesabagina was known for saving hundreds of lives during the 1994 rwandan genocide by sheltering people in the hotel he managed, he is currently an outspoken critic of Rwandan president Paul Kagame. Yet, he was accused by Rwanda of being the “founder, leader, and sponsor of violent, armed, extremists terror outfits”. Rwandan authorities have confirmed that his arrest resulted through international cooperation, although the assisting nation was not disclosed. [August 31st, 2020]

Rwanda | Arrest warrant issued for former spy chief           

Rwanda issued an international arrest warrant against its former spy Chief, Aloys Ntiwiragabo.  Ntiwiragabo is currently under investigation in France, where his role in the 1994 genocide in Rwanda is examined.  Rwandan authorities have now investigated on the case and are accordingly “working with the French unit in charge of combatting war crimes and crimes against humanity." [August 26, 2020]

DRC | Executions and arbitrary killings could amount to crimes against humanity, UN says          

According to the UN Joint Human Rights Office (UNJHRO), fighters of all armed groups are responsible for executions and arbitrary killings, that have amounted to over 1.300 people  including over 150 children in the first six month of 2020. Next to that, violations committed by the state have decreased compared to numbers of the beginning of 2019. The UNJHRO warned that some of the latest attacks “could amount to crimes against humanity.“ [August 5th, 2020)

August 2020

August 2020 - International Criminal Court Updates

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

In the past month, the international criminal court took the decision to adjourn the evidentiary hearings in the al Hassan case.  

AFRICA

Mali | Evidentiary hearing of Al Hassan trial adjourned

On August 18, 2020 Trial Chamber X decided to adjourn the evidentiary hearings in the case of The Prosecutor v. Al Hasan. This decision was taken in light of Judge Tomoko Akane’s request to delay the hearing since her father is at the end-stage of a terminal illness. The hearing was scheduled to start on 25 August, 2020 and has now been postponed by a two week adjournment. [August 18th, 2020]

The un-evident victims of armed conflict: Humanitarian workers

By: Tamia Brito, Junior Research Associate, PILPG-NL

In the increasingly complex realm of armed conflict, the impact of armed encounters has expanded beyond the parties to the conflict and the civilian population.  There is a deteriorating situation for humanitarian workers as they have become direct targets of organized violence, despite the protection that international law has provided for them.  Both International Humanitarian Law (IHL) and International Criminal Law (ICL) have established special protection to personnel providing input and services to the civilian population affected by armed conflict.  However, the difference between theory and practice can be rather large.  The humanitarian mission is being limited in the field by novel risks brought by armed conflicts.  This blog post discusses the achievements of international law in providing special protection to humanitarian aid personnel as part of global recognition of the humanitarian endeavor.  It also addresses factual information regarding humanitarian workers, illustrating the risks they experience in the field.  To conclude, this blog post exhibits responses that the international community is implementing to mitigate the discrepancy between law and practice.  World Humanitarian Day (August 19th) may be an opportunity to remember the relevance of this particular issue and encourage further efforts towards its solution.

The Status of Aid Personnel under International Law

The work of humanitarian personnel in the context of armed conflict is regulated by IHL, which expressly recognizes that the civilian population affected by armed conflict is entitled to receive aid, and that the parties have to protect the personnel participating in relief actions.  IHL also establishes that in order to avoid the interruption of the humanitarian aid by opposing parties and ideologies, impartial actors should provide humanitarian assistance.  These impartial actors have to be neither a threat nor an ally to either party.  Only humanitarian workers whose efforts are focused on relief operations for the benefit of the civilian population are by law allowed to work in the field.  The iconic impartial agency in providing humanitarian relief is the International Committee for the Red Cross (ICRC).

Considering the complexity of armed conflict, there is a differentiated legal framework for specific situations, such as blockades, besieged areas, occupied territories, among others.  As a rule of thumb, the duty to protect humanitarian workers in the field lies on the parties to a conflict, because their operation depends on their collaboration.  Admittedly, there is no specific legal rule in IHL protecting humanitarian staff against direct attacks.  Yet, ICL complements IHL in this regard, as the Rome Statute determines that the breach of such an obligation constitutes a war crime.  Additionally, the special protective status provided by IHL to humanitarian personnel does not preclude the general protection they may enjoy as civilians.

A new reality of Armed Conflict

However, in the harsh edges of war, the humanitarian aid endeavor has progressively fallen into greater risk.  Relief action is (by nature) provided in-between or in the immediate aftermath of an exchange of hostilities.  Consequently, humanitarian personnel are exposed to the natural dangers of armed conflict.  But, in addition, they are also increasingly at risk of being direct targets of different types of attacks.  The reasons behind these actions may differ from one conflict to another, but the trend reflects the same increment of targeted attacks against humanitarian personnel.  

Between the years 2000 and 2010, there were 1988 reported victims of directed incidents, including kidnapping, shooting, aerial bombardment, bodily assault, shelling, killing, and sexual assault.  The numbers have been going up ever since, with 2013 being the most violent year on record.  Between 2014 and 2016, there were about 913 victims while in 2018 and 2019, each year alone marked more than 400 deaths. 

The legal framework provided for the protection of humanitarian personnel against attacks is, however broad, very clear.  Even though there is a prohibition to cause harm to humanitarian personnel as part of relief operations, the facts reflect a different reality.  Thus, the need to continue working towards more effective implementation of international law, from international, regional, and even national initiatives. 

Conclusion

Although IHL and ICL grant special protection to humanitarian personnel, the incidents of attacks against them remain a reality.  There are issues in the implementation of international law in respect of relief operations.  Armed conflicts remain a contemporary reality, as are the attacks against humanitarian workers.  Several endeavors have appeared as a response to this situation. One of the most remarkable is the European Union.  This organization adopted its own guidelines to promote compliance with IHL and has published two reports on their implementation, last one being from October 2019.  The EU also created a whole department to advocate and support the protection of humanitarian actions, which has been helping millions of people across the globe since 1992.  And, it collaborated with the ICRC with a worldwide campaign for humanitarian workers to not be considered a target.  

From the third sector, several organizations continue working for the implementation of IHL and the protection of humanitarian personnel.  Two remarkable initiatives are the New Humanitarian and the Center for Civilians in Conflict (CIVIC).  The New Humanitarian is an organization founded by the United Nations that cast a critical eye over the emergency aid industry.  As for CIVIC, it is an organization working towards advocacy of victims of war.  The academic world is also contributing with alternatives and strategies to further advance the protection of humanitarian aid personnel.  And, since 2009, on World Humanitarian Day, the world commemorates humanitarian workers killed and injured in the course of their work, while also thanking all workers who continue providing protection and aid.  The annual event, celebrated since 2009, takes place on August 19th, in memory of the Canal Hotel attack that killed Sergio Vieira de Mello and 22 other people.