New publication on teaching gender in the military

The Geneva Centre for the Democratic Control of Armed Forces (DCAF) and the Partnership for Peace Consortium (PfPC) have published a new handbook on teaching gender in military operations. Sally Longworth drafted Chapter 2 on the international legal framework and history of the Security Council's women, peace and security agenda. The handbook is available online here.



/ Sally

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Event - transitional justice and the conflict in Syria - 11 February 1600-1730 at FHS

The International Law Centre, together with the International Legal Assistance Consortium and the Swedish Network for Transition Justice, has the pleasure of inviting you to take part in a panel discussion on transitional justice and the conflict in Syria on 11 February:

Transitional justice and the conflict in Syria – progress, opportunities and lessons learned

The armed conflict in Syria, ongoing for over five years now, has devastated the lives of people living in the country and profoundly highlighted the impact of armed conflict on international peace and security. The international community has taken some measures to address the conflict, including the passing of Security Council Resolution 2178 (2014) obliging Member States to criminalise the act of nationals and other persons travelling from their territories for the purpose of terrorism, and documenting violations of human rights and the law of armed conflict by the International Independent Commission of Inquiry in the Syrian Arab Republic.

With prospects of peace under discussion, many questions face the Syrian people assisted by the international community. For example, how should the work done in documenting violations of international legal standards and ensuring accountability be taken forward? What lessons can be learned in investigating, finding and documenting missing persons from other conflicts, and what are the hopes for the situation in Syria?

Against this background, this event will discuss the progress, opportunities and lessons learned in addressing violations committed in the conflict in Syria.

Date and time: Thursday 11 February 2016, 16:00-17:30

Location: Sverigesalen

Address: Försvarshögskolan, Drottning Kristnas Väg 37

Language: English

Programme:

16:00                 Sally Longworth, Försvarshögskolan - Introduction and welcome

16:05                 Sareta Ashraph, Senior Analyst, International Independent Commission of Inquiry in the Syrian Arab Republic

16:25                 Dr. Ola Engdahl, Associate Professor of International Law, Försvarshögskolan and member of the Swedish inquiry into the implementation of Security Council Resolution 2178 (2014) and its relation to international humanitarian law

16:45                 Kathryne Bomberger, Head of the International Commission for Missing Persons

17:05                 Questions from the audience

17:30                 End - Drinks available in the officers mess

Please register your interest in attending the event with Sally.Longworth@fhs.se and feel free to forward the information to others who may be interested in the event.

Background on the Swedish Transitional Justice Network:

The network is comprised of Swedish civil society organisations and academic researchers active in international development, peace and conflict, human rights and rule of law issues. The network was initiated by the Swedish Foundation for Human Rights with the support of International Legal Assistance Consortium.

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UK Government’s policy on the use of drones for targeted killing - transcript of evidence given by Minister of Defence

On 16 December 2015, the UK's Secretary of State for Defence, Michael Fallon, gave evidence to the Joint Committee on Human Rights on its inquiry into the UK Government's policy on the use of drones for targeted killing. The transcript of the meeting is available online here.

Background on the Joint Committee's inquiry is available here.


/ Sally

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New publication on IHL and gender

At the ICRC's International Conference in Geneva last week, the Swedish Red Cross launched a book entitled "IHL and Gender - Swedish Experiences". This is a compilation of work produced as part of a working group on international humanitarian law and gender lead by the Swedish Red Cross.

Sally Longworth and Ola Engdahl contributed a chapter to the publication on the impact of incorporating a gender perspective in military operations on the implementation of IHL. Sally Longworth also wrote a chapter on the law of occupation and gender.

The book is available online here.

/ Sally

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ICRC live streamed event on sexual violence in armed conflict

On 12 November 2015 1800-1930 the ICRC will be livestreaming an event on the underlying causes of sexual violence in armed conflict and prevention strategies. The event can be accessed here. Further details on panellists and background to the event are included on the ICRC's website.

/ Sally

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Forthcoming lecture on gender violence and fact-finding during armed conflict

On 2 November at 1500 Associate Professor Dr Gus Waschefort will hold a lecture on gender violence and fact-finding during armed conflict for the International Law Centre at the Swedish Defence University.

The lecture will take place in room N204 at the Swedish Defence University on Drottning Kristinas väg 37. 

Gus Waschefort is an Associate Professor of international law at the University of South Africa and served previously as legal advisor to the United Nations Special Rapporteur on extrajudicial summary or arbitrary executions. His academic interest relates primarily to the intersect of international humanitarian law, international human rights law and international criminal law – to this end he places much emphasis on human rights fact-finding, and is known for his work on children in armed conflict.

/ Sally

                    

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Security Council authorises operations to tackle people smuggling of coast of Libya

On Friday 9 October, the UN Security Council authorised Member States, acting nationally or through regional organisations that are engaged in the fight against migrant smuggling and human trafficking, to inspect on the high seas off the coast of Libya vessels that they have reasonable grounds to suspect being used for migrant smuggling or human trafficking from Libya and to seize vessels confirmed as being used for such purposes. Acting under C.VII of the UN Charter, the Security Council authorised such action for a period of one year and the resolution was passed with 14 votes in favour, Venezuela abstaining.

The resolution notes the exceptional and specific circumstances present in the situation and was decided "with a view to saving the threatened lives of migrants or of victims of human trafficking".

The resolution also sets a number of requirements for Member States, including the requirement to make good faith efforts to obtain the consent of the vessel’s flag State prior to using the authority outlined in the resolution, to act in full compliance with international human rights law, to provide for the safety of persons on board as an utmost priority and to avoid causing harm to the marine environment or to the safety of navigation. The actions are also not applicable to vessels entitled to sovereign immunity under international law and the resolution underscores that the aim is to disrupt the organised criminal enterprises engaged in migrant smuggling and human trafficking and prevent loss of life. It is not intended to undermine the human rights of individuals or prevent them from seeking protection under international human rights law and international refugee law.

Members States are also called on to assist Libya, upon request in building needed capacity including to secure its borders and to prevent, investigate and prosecute acts of smuggling of migrants and human trafficking through its territory and in its territorial sea, and to cooperate with the Libyan Government, and with each other, including by sharing information about acts of migrant smuggling and human trafficking in Libya’s territorial sea and on the high seas off the coast of Libya, and rendering assistance to migrants and victims of human trafficking recovered at sea, in accordance with international law.

The full text of the resolution can be found here. The UN's press release is available here and background to the adoption of the resolution available here.

/ Sally

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OHCHR Report on Sri Lanka released

The UN Office of the High Commissioner for Human Rights released a report today on its investigation into breaches of human rights and international humanitarian law committed in the internal armed conflict in Sri Lanka.

The investigation identified patterns of grave violations between 2002 and 2011 strongly indicating war crimes and crimes against humanity having being committed by both sides of the armed conflict. The report recommends that a hybrid special court, integrating international judges, prosecutors, lawyers, and investigators, be established. Among the most serious crimes documented in the report are unlawful killings, sexual and gender-based violence, enforced disappearances, torture and other forms of cruel, inhuman or degrading treatment, recruitment of children and their use in hostilities, as well as abduction and forced recruitment of adults, attacks on civilians and civilian objects, denial of humanitarian assistance and violations during the detention of internally displaced people (IDPs) in closed camps.

The report is available online here. The OHCHR press release is available here.

/ Sally

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Report from UN Independent Commission of Inquiry on the 2014 Gaza Conflict published

On 22 June 2015 the UN Independent Commission of Inquiry on the 2014 Gaza Conflict published its findings. The Commission of Inquiry was established by the Human Rights Council on 23 July 2014 in its resolution S-21/1 to "investigate all violations of international humanitarian law and international human rights law in the Occupied Palestinian Territory, including East Jerusalem, particularly in the occupied Gaza Strip, in the context of the military operations conducted since 13 June 2014, whether before, during or after, to establish the facts and circumstances of such violations and of the crimes perpetrated and to identify those responsible, to make recommendations, in particular on accountability measures, all with a view to avoiding and ending impunity and ensuring that those responsible are held accountable, and on ways and means to protect civilians against any further assaults, and to report to the Council at its twenty-eighth session."

The report can be downloaded here. Further information and documents relating to the Commission of Inquiry can be found here.

/ Sally

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The International Law Centre's Jann Kleffner lectured at the University of Pretoria.

On May 21 and 22, Professor Jann Kleffer of the International Law Centre gave lectures on the topics "Organized Armed Groups under LOAC and IHRL" and "Implementation and Enforcement of LOAC and IHRL" in the postgraduate programme LLM "International Humanitarian Law and Human Rights in Military Operations" at the University of Pretoria.

The programme is the result of a three year-long (2011-2013) SIDA sponsored collaboration between the International Law Centre and the Institute for International and Comparative Law in Africa (ICLA) at the University of Pretoria.

/Jann

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The UN High Commissioner for Human Rights urges states to investigate human rights violations by international forces in the CAR

The UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, issued a press release on Saturday 30 May 2015 stating that he had urged several states to intensify their efforts to investigate allegations that their forces in CAR may have committed very serious violations. These violations included killing civilians, summary executions, abductions and sexual exploitation of local women.

The UN High Commissioner said: “In the wake of the revelations of alleged serious sexual abuse of children, currently under investigation by the French authorities, my Office has taken a deeper look into these issues and the extent of the follow-up into alleged serious violations by soldiers belonging to several other international contingents operating under the MISCA umbrella in 2014- Some of these incidents have been at least partly investigated, and some States have apparently sanctioned some of the soldiers involved, but the fact that a number of foreign contingents may have been implicated is in itself a matter of enormous concern.”

Several incidents involving excessive use of force, enforced disappearances and sexual exploitation and violence were investigated by UN human rights officers on the ground and the International Commission of Inquiry on the Central African Republic. The findings were published in a report in December 2014. Although the report has resulted in some preliminary actions by states, the UN High Commissioner said that it is not sufficient, and the punishment must fit the crime. “There must be accountability for serious crimes, no matter who commits them.”

  

According to the UN High Commissioner the forces involved in these incidents were not operating under the UN flag; instead they were international contingents operating under the MISCA (Mission internationale de soutien à la Centrafrique  sous conduit, The African Union peacekeeping mission to the Central African Republic). 

/Jann

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New Security Council resolution on protection of journalist

The Security Councilhas passed a new resolution on the protection of journalists yesterday. Resolution 2222 (2015) builds on Resolution 1738, adopted on 23 December 2006, which is the only Council decision to specifically address the safety and protection of journalists, media professionals and associated personnel. The new resolution was adopted unanimously by the Council. The full text can be found here. Background on the drafting of the resolution can be found here.

In addition to the Council debate, an open debate and panel discussion was held open to all UN member states and civil society entitled "Protection of Journalists and Media Freedom - Key to Sustainable Future". The open debate was co-hosted by Lithuania and Latvia. Latvia currently holds the EU president presidency until 1 July 2015. The recording of the open debate is available here (note there are three parts). The concept note for the open debate circulated by Lithuania, the Council president in May 2015, is available here.

/ Sally

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UK court decision on Iraqi civilians detention and transfer by UK forces

On 18 May 2015 the High Court of England and Wales handed down a decision on a preliminary issue relating to a number of claims in the ongoing litigation regarding treatment of Iraqi civilians detained by UK forces during the conflict 2003-2009.

The decision concerned a number of individuals who had initially been detained by UK forces and later transferred to the custody of US armed forces. They claim they suffered torture and other serious ill-treatment while detained by US forces and that the UK government is liable for that ill-treatment and for alleged unlawful detention after they were handed over. Their claim is based in part on the law of tort, a common law mechanism for claiming damages for harm suffered against a civil wrong. In the UK, the applicable law to determine that question would be Iraq law, as that is where the events occurred. As such, the court was asked to determine whether the UK Ministry of Defence would be liable under Iraqi law for the harm caused to the Iraqi civilians making the claim.

The court held that "if the claimants are able to prove that after being handed over by UK forces to the armed forces of the United States they were subjected to serious and deliberate ill-treatment by US soldiers, then, to establish that the defendant is jointly liable for their injuries under Iraqi law,...the claimants [would have to prove]: (a) an intention to facilitate the claimant's ill-treatment; or (b) actual foresight that the claimant might suffer such ill-treatment, coupled with failure to act in accordance with a legal duty to protect the claimant; or (c) contemplation and acceptance of the risk that transferring the claimant would facilitate his ill-treatment".

The full judgement can be found here. The claims will now be referred back to the courts for further hearings to make determinations on the merits of the claims involved.

There are hundreds of claims still pending before the courts brought by Iraqi civilians against the UK Ministry of Defence. The UK government established the Iraq Historic Allegations Team (IHAT) to review and investigate allegations of abuse of Iraqi civilians by UK armed forces personnel in Iraq during the period of 2003 to July 2009. The Grand Chamber of the European Court of Human Rights handed down a judgement (Hassan v UK) in September last year relating to a claim of an individual in similar circumstances, who was held in the same camp as the individuals in the UK court claim. In finding the UK had not violated Mr Hassan's rights, the Grand Chamber made important findings on the relation between the law of armed conflict and human rights law, grounds for detention and extraterritorial application of the Convention.

/ Sally

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New guidelines on the right to review lawfulness of detention

The UN Working Group on Arbitrary Detention has adopted a new "Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of His or Her Liberty by Arrest or Detention to Bring Proceedings Before Court". The document provides a comprehensive review of the principles on the judicial review of the lawfulness of detention and includes recommendations and guidance for detention during armed conflict. The text has now been submitted to the Human Rights Council. Among other things, the principles set out that in non-international armed conflicts administrative detention or internment may only be permitted in the exceptional circumstance where public emergency is invoked to justify such detention and in accordance with the requirement for derogation from human rights obligations.

The full text of the principles was included in a press release available here.

/ Sally

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Update: UN Appeals Tribunal rules on suspension of whistleblower in CAR scandal

On Tuesday 5 May the UN Appeals Tribunal handed down its decision concerning the individual under investigation for leaking a confidential report detailing allegations of serious sexual assault against children by members of the peace mission in Central Africa Republic. The Tribunal ruled that the decision to suspend Anders Kompass on administrative leave was unlawful according to the UN's internal rules.

The judgement of the UN Appeals Tribunal can be found here.

In related news, French prosecutors announced they have launched an investigation into the allegations against the French armed forces personnel.

/ Sally

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Controversy at UN over alleged sexual abuse by peacekeepers in CAR

The controversy over the leaked United Nations report detailing sexual abuse of children committed by French troops at the beginning of the MINUSCA mission in Central African Republic has grown since the story hit the headlines on Wednesday with the whistleblower being suspended and placed under investigation by the UN Office for Internal Oversight Services.

The whistleblower is a Swedish citizen. The Swedish government has issued a press statement on the matter.

Separately, the French authorities, who have jurisdiction to prosecute crimes committed by their troops in the mission, confirmed they are investigating 13 soldiers in connected with the allegations. According to reports on The Guardian, allegations that Chadian soldiers were also involved in the abuse are included in the leaked report.

/ Sally

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Central Africa Republic votes to create special criminal court

On Wednesday 22 April 2015 the National Transitional Council of the Central African Republic adopted a bill establishing a special criminal court to hold accountable those who committed crimes during the recent conflict in the country. The aim is to address impunity and contribute to the restoration of peace. The court will be made up of 27 judges including 14 from CAR. Read more here.


This follows a report by an international commission of inquiry established by the Security Council to investigate violations and abuses of international human rights and  humanitarian law in CAR which recommended establishing a tribunal to hold perpetrators of international crimes accountable.


/ Sally

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Security Council press statement on Yarmouk Refugee Camp

On 20 April, the Members of the Security Council issued a press statement expressing their deep concern regarding the grave humanitarian situation in Yarmouk Refugee Camp in Syria. The Security Council called for unhindered access to the Camp and for the protection of civilians inside the camp, as well as underscored support for United Nations efforts to assist trapped Palestinian refugees in Yarmouk through a three-point plan. The plan includes:

1. Providing assistance for civilians who are unwilling or unable to leave Yarmouk; 
2. Assisting those who want to "temporarily relocate" from the camp to do so in accordance with international humanitarian law and with appropriate safeguards that they will be allowed to do so safely and freely; and 
3. Assisting Yarmouk residents who have already fled.

The press statement goes on to demand that all parties cease attacks on civilians and comply with their international legal obligations and previous Security Council resolutions. The full press statement can be accessed here. Since the outbreak of fighting between the Houthis and presidential guard on 19 January, the Security Council has issued three Security Council resolutions addressing the situation, in addition to a presidential statement and two other press statements. The Security Council resolutions can be accessed here, here and here.

/ Sally

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Erika de Wet and Jann K. Kleffner release new book

New book of Erika de Wet and Jann K. Kleffner (eds), CONVERGENCE AND CONFLICTS OF HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW IN MILITARY OPERATIONS, Pretoria University Press (2014), 428 pages, ISBN: 978-1-920538-32-3

The book, which is the result of a three year-long SIDA sponsored collaboration between the International Law Centre and the Institute for International and Comparative Law in Africa (ICLA) at the University of Pretoria, has been published in February 2015.

For further information, see http://www.pulp.up.ac.za/cat_2014_15.html

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