The ICJ and Amnesty International welcome the initiative of the Committee of Ministers to prepare guidelines on the obligations of Council of Europe Member States to prevent and counter impunity.
In this brief, ICJ Commissioner Justice Ian Binnie (photo) describes the progress that has been made – and remains to be made – in developing an acceptable legal liability framework for corporate human rights violations.
In particular, Justice Binnie cites the ICJ’s Expert Panel Report on Corporate Complicity and the SRSG John Ruggie’s framework of “Protect, Respect, and Remedy,” as important advances in defining this framework.
He urges the greater development and use of both criminal and civil theories of liability for holding corporations accountable for violations.
He also calls for victims who have exhausted all local remedies to have access to an international body such as the International Criminal Court.
legalremedies-businessHR-analysis brief-2009 (full text, PDF)
The ICJ wants that alternative to detention become the cornerstone of every migration policy.
In a statement at the UN Human Rights Council Panel on Human Rights of Migrants in detention centres, the ICJ drew attention to the fact that States increasingly treat migrants, refugees and asylum seekers, as a potential threat to state security, and automatically subject them to measures such as administrative detention.
The ICJ supported expansion of strategies embraced by the Office of the UN High Commissioner for Human Rights to help prevent human rights violations and enhance protection of civilians in emergencies.
In the interaction with the UN High Commissioner during the 10th session of the Human Rights Council, the ICJ also demanded elaboration of a comprehensive action plan to help integrate rule of law principles and human rights standards into the national response to terrorism, and urged action on the DRC, Sri Lanka, Nepal, Zimbabwe and Colombia.
UN-violence against civilians in conflict situation-non legal submission-2009 (download in English)
Document submitted by the ICJ to the UN Human Rigths Council Working Group on the Universal Periodic Review on 15 August 2006.
1. The General Assembly Resolution
In Resolution 60/251 of 15 March 2006, establishing the Human Rights Council, the General Assembly decided:
“That the Council shall, inter alia: […](e) Undertake a universal periodic review, based on objective and reliable information, of the fulfilment by each state of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all states.
UPR Human Rights Council-Analysis briefs-2006 (full text, PDF)
The ICJ and the FIDH acknowledge various procedural arguments according to which it would be legally impossible or difficult to adopt the draft International Convention for the Protection of All Persons from Enforced Disappearance at the 62nd session of the Commission on Human Rights.
In this regard, the ICJ and the FIDH would like to make some observations.
observations convention enforced diappearance-analysis brief-2006 (full text in English, PDF)
observations convention enforced diappearance-analysis brief-2006 (full text in French, PDF)
observations convention enforced diappearance-analysis brief-2006 (full text in Spanish, PDF)
Tunisia: Mass guilty verdicts and draconian sentences the ultimate travesty of justice in the “Conspiracy Case”
Eswatini: In the face of ongoing repression of the legal profession, lawyers raise concerns with UN Special Rapporteur on the Independence of Judges and Lawyers
Lebanon: the criminal justice system must not be used to intimidate and harass journalists