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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German court convicts rebel leaders for crimes in eastern DRC

On 28 September, a court in Stuttgart, Germany, sentenced Ignace Murwanashyaka, head of the Democratic Forces for the Liberation of Rwanda (FDLR), and his deputy Straton Musoni for war crimes committed between January 2008 and their arrest in November 2009 in eastern DRC. The two were convicted of crimes under the German Code of Crimes Against International Law, which implemented the Rome Statute of the International Criminal Court in German law. This was the first case to be tried under this legislation and took four years to complete. Murwanashyaka was sentenced to 13 years imprisonment and Musoni was given an eight-year sentence.

Further details can be found here in German and here in English.

/ 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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New report from the Commission of Inquiry on Syria

On 3 September 2015 International Independent Commission of Inquiry on the Syria Arab Republic released their latest report. This particular report looks at the distinct impacts of the war on groups and communities of civilians inside Syria. It also provides an updated view of the military dynamics of the conflict.

The report is available online here. Previous reports and background information are available here.

/ Sally

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Upcoming Guest Lecture: Dr Rain Liivoja

The International Law Centre at the Swedish Defence University are very pleased to welcome Dr Rain Liivoja from the University of Melbourne to share his work in this exciting field which is also the subject of research at the centre.

Dr Rain Liivoja

Bioenhanced Soldiers and the Prohibition of Unnecessary Suffering

 

9 September 2015, 1500hrs

Rm 206A&B, Swedish Defence University, Drottning Kristinas väg 37

The 2012 movie The Bourne Legacy featured intelligence operatives who had been genetically engineered and pharmacologically tweaked for superior mental and physical performance. This is not as far-fetched as one might think: artificial enhancement, maintenance or restoration of human cognitive and physical performance is something actively pursued by advanced armed forces. This presentation seeks to examine bioenhancement in relation to the well-established rule of the law of armed conflict prohibiting the use of means and methods of warfare of a nature to cause superfluous injury or unnecessary suffering. If enhancement techniques produce more durable, pain- and fatigue-resistant soldiers, does that have an impact on what amounts to unnecessary suffering? Could enhanced soldiers be attacked using means and methods of warfare that would be prohibited otherwise? Would this lead to a different legal standard for weapons used against ordinary and enhanced soldiers?

 

Rain Liivoja is a Senior Lecturer and Society in Science – Branco Weiss Fellow at Melbourne Law School, where he co-directs the Programme on the Regulation of Emerging Military Technology (PREMT). Rain is also an Affiliated Research Fellow of the Erik Castrén Institute of International Law and Human Rights, University of Helsinki. His research focuses on the regulatory challenges associated with military applications of biosciences. Rain is a member of the Board of Directors of the International Society for Military Law and the Law of War, chair of the International Peace and Security Interest Group of the Australian and New Zealand Society of International Law, and a member of the Australian Red Cross International Humanitarian Law Committee (Victorian Division). Rain holds a doctorate in public international law from the University of Helsinki.

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Jann Kleffner and Ola Engdahl at the Sanremo Institute's 38th Annual Round Table

Jann Kleffner and Ola Engdahl will both be participating in panels at the International Institute of Humanitarian Law's annual round table on current issues in international humanitarian law. This year the conference will be streamlined live, accessible here. The programme for the conference is available here.

The theme for this year's conference is "The Distinction between International and Non-International Armed Conflict: Challenges for IHL?" Ola will speak on peace support operations in a panel discussing whether current forms of armed conflict challenge categorisation on Thursday 3 September at 1400. Jann will be speaking on a panel discussing the convergence in the law governing international armed conflicts and non-international armed conflicts at 1630 on Friday 4 September, as well as a panel discussing humanitarian assistance at 0845 on Saturday 5 September.

/ Sally

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Post summer update

The Folkrättscentrum is back after the summer vacation! This is our first post after the break, which coincides with the International Day of the Victims of Enforced Disappearances. Whilst we've been away, here's a few things that happened that might be of interest:

• The Security Council passed a resolution establishing for one year a Joint Investigative Mechanism of the United Nations and the Organization for the Prohibition of Chemical Weapons (OPCW), which would identify “to the greatest extent feasible” individuals, entities, groups or Governments perpetrating, organizing, sponsoring or otherwise involved in the use of chemicals as weapons in Syria.
• In related news, UNESCO’sDirector-General Irina Bokova condemned the destruction of the temple of Palmyra is a war crime. The Security Council was also briefed on the use of sexual violence in the conflicts in Iraq and Syria (background to which can be found here).
• The Swedish government have published a new strategy on terrorism. 
• A peace accord has been signed in South Sudan. There have been reports that violence continues after the ceasefire, however.
• The UN High Commissioner for Human Rights published a report on impunity and accountability in Darfur for 2014 based on information received from the African Union-UN Hybrid Operation in Darfur 
• Controversies and fresh allegations continue regarding accusations of sexual abuse by members of the UN peace mission in the Central African Republic. The Security Council had earlier in the month released a press statement on the sexual exploitation and abuse in CAR.
• Serbia and Kosovo signed agreements furthering the normalisation of relations on energy, telecoms,establishment of the Association/Community of Serb majority municipalities and the Freedom of Movement/Mitrovica Bridge. 

/ Sally

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