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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The twentieth anniversary of Srebrenica

Saturday 10 July marks the twentieth anniversary of Srebrenica genocide. Memorial events will take place in remembrance of the victims, including a service to bury 136 newly-identified victims.

This week the UN Security Council considered a resolution marking the anniversary and honouring the victims. This resolution was vetoed by the Russian Federation, a permanent member of the Security Council.

Jan Eliasson. UN  File Photo/Kim Haughton

Jan Eliasson addressed the Council during its deliberations, summarising developments since the genocide in addressing international crimes and difficulties still faced by the UN today. The High Commissioner for Human Rights, Zeid Ra'ad Al Hussein, also briefed the Council via video teleconference from Geneva. A press release can be found here.

In 2007 the International Court of Justice handed down judgement in a case brought by Bosnia & Herzegovina against Serbia and Montenegro concerning alleged violations of the Genocide Convention 1948. The ICJ held that acts of killing and causing serious bodily harm or mental harm to the group of the Muslims of Bosnia and Herzegovina constituted acts of genocide. There have been numerous cases before the International Criminal Tribunal for the former Yugoslavia determining criminal responsibility for individuals involved in the events also, as well as proceedings before domestic courts in the Netherlands relating to the actions of Dutch peacekeepers. Background on the events and many of the international cases can be found here. An update on the most recent ruling by the Dutch courts can be found here.

The International Law Centre will be on a break for summer now, but will be back in August with more updates.

/ Sally

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Watch the seminar "Gråzonen - normer för fred och krig i en ny säkerhetspolitisk situation i Europa"

As previously announced, the International Law Centre's Marika Ericson participated at Almedalen as an expert at the seminar "Gråzonen - normer för fred och krig i en ny säkerhetspolitisk situation i Europa" ("The grey zone - norms for peace and conflict in a new security policy situation in Europe"). The panel discussed hybrid operations, the applicable framework and what capabilities Sweden has to address the challenges presented by these operations.

Click below to watch the seminar (in Swedish).

/Marika

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Dr Ola Engdahl participated in the governmental inquiry "Criminal Law Provisions to Prevent Terrorism Travels"

Dr. Ola Engdahl, Associate Professor at the International Law Centre, has participated as an expert in international law in the governmental inquiry Straffrättsliga åtgärder mot terrorismresor ("criminal law provisions to prevent terrorism travels").  The inquiry handed its report to the Department of Justice on 17 June 2015. 

The task of the inquiry was to analyse if Sweden lives up to its obligations under United Nations Security Council Resolution 2178 (2014) to have in place criminal law provisions to prevent and combat terrorism. The inquiry also looked at determining whether Swedish criminal law met the obligations set out by the Financial Action Task Force (FATF) in combatting and preventing the financing of terrorism. 

The inquiry recommended, among other things, a new penal provision for terrorist travel in rekryteringslagen ("the Recruitment Act"). Under the new provision, it will be possible to sentence individuals who travel to a State other than their State of nationality with the intention of committing or preparing particularly serious crime or providing or receiving training for particular criminal activity, which includes terrorist offences. In other words, the travel with such intentions will become punishable. The inquiry also recommended that it will be punishable to receive terrorist training.  

The inquiry has received new directives from the Swedish government. Its tasks now include investigating the needs for further criminalisation to prevent and combat persons participating in armed conflicts in another State within the framework of a terrorist organisation. The findings shall be reported 23 June 2016.

/Ola

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Report from the High-Level Independent Panel on UN Peacekeeping Operations

On 16 June 2015 the High-Level Independent Panel on United Nations Peace Operations presented its report to the UN Secretary General. The Panel was established by the Secretary General in October 2014 to make a comprehensive assessment of the state of UN peace operations today, and the emerging needs of the future. The report marks an important step in the review and reform of peace operations, coming 15 years after the Brahimi Report.

Ian Martin, a member of the High-Level Independent Panel, was the key note speaker at an event hosted by the United Nations Association of Sweden and the Swedish National Defence College’s International Law Centre on 2 February 2015 entitled "United Nations Peace Operations - Global Prospects and Local Challenges".

A copy of the report presented to the Secretary General is available here. A press release is available here.

/ Ola

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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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