On July 10, 2023, UpRights led the second workshop in the series of events organised by the USAID Justice for All Activity following the publication of the Benchbook on the Adjudication of International Crimes, developed by the USAID Justice for All Activity in partnership with the National School of Judges, Global Rights Compliance, and UpRights.

By focusing on the topic of war crimes, the workshop aimed to provide Ukrainian judges , prosecutors and other relevant stakeholders with the information necessary to adjudicate particular war crimes by presenting a list of the war crimes applicable under Article 438 of the CCU as well as their definition under international law.

The event is part of a series of five thematic workshops organized following the publication of the Benchbook on 22 June to provide judges and stakeholders with the context to discuss substantial and procedural aspects of the process of adjudication of international crimes outlined in the Benchbook.

On July 12, 2023, UpRights Co-Director Valérie Gabard led the 11h lecture of the Summer School on International Criminal Justice organised by the University of Amsterdam. The Summer School examines the juridical and empirical sides of mass atrocities, striving to give its attendees a better understanding of the nature of international crimes, of their perpetrators and of the role of the international community in pursuing international justice.

UpRights provided students with a lecture on the role of civil society to fill the accountability gap for international crimes. Notably, while international tribunals played an undeniable role in holding perpetrators accountable, international actors like civil society and victim representatives have progressively attempted to mend the limitations of the current international legal order.

To illustrate the creative ways in which civil society organizations at the national and international level are trying to assist to fill this accountability gap, Valérie Gabard discussed the important role of civil society organizations in documenting international crimes and preserving evidence, highlighting in particular the best practices to ensure the efficacy of the documentation and the importance of employing creative legal thinking to assist victims in their quest for justice.

On July 5, 2023, UpRights conducted a workshop for judges and prosecutors from French-speaking African countries in the context of the high-level training programme on international criminal law and transnational criminal law organised by the T.M.C. Asser Instituut, the Antonio Cassese Initiative, and the International Nuremberg Principles Academy.

The workshop aimed at strengthening domestic legal capacity to prosecute international and transnational crimes. UpRights’ Co-Director Valérie Gabard delivered an interactive presentation on investigating conflict-related sexual violence, allowing participants to engage in active discussions concerning its scope and implications in the context of warcrimes and crimes against humanity. The exercise centered on prosecuting international crimes in the context of the fight against terrorism, with a particular emphasis on sexual and gender-based violence.

The course was developed to equip judges and prosecutors with practical skills, tools, and knowledge necessary to address international and transnational crimes effectively. Essential topics covered included the elements of these crimes, modes of liability, strategic planning for investigations, and ensuring the protection of victims and witnesses. By establishing a robust regional and international network, this training program seeks to enhance cooperation among national and international judiciaries and facilitate effective collaboration with the International Criminal Court (ICC) and other judicial bodies.

On July 6th, 2023, the USAID Justice for All Activity started a series of a workshops on the applicability of international law instruments concerning war crimes under article 438 of the CCU with engagement of UpRights. It follows the recent launch of the Benchbook on the Adjudication of International Crimes under Ukrainian Domestic Law developed by the USAID Justice for All Activity in partnership with the National School of Judges and Global Rights Compliance, and with participation of UpRights initiative.

The workshop aims to facilitate discussions between Ukrainian judges, prosecutors and other relevant stakeholders in interpreting the scope and content of Article 438 of the CCU, considering the nature and content of international humanitarian law and international criminal law, in particular the ICC framework.

The event is the first in a series of five thematic workshops to follow the publication of the Benchbook on 22 June. The workshops provide the opportunity for judges and other stakeholders to consider substantial and procedural aspects of international crimes adjudication provided by the Benchbook.

On June 22nd, UpRights took part in the presentation of the Benchbook on the Adjudication of International Crimes under Ukrainian Domestic Law. Building upon a judicial need assessment promoted by the USAID Justice for All Activity in July 2022, the Benchbook was developed in close cooperation with the Ukrainian Supreme Court and the National School of Judges of Ukraine by Ukrainian judges, UpRights and Global Rights Compliance supported by MATRA-Ukraine Project.

Since the start of the war on February 24, 2022, Ukrainian courts have received 124 war crimes cases rendering 33 judgments with 91 cases currently pending. Having acknowledged the necessity for the Ukrainian judicial system to prosecute and judge an increasing amount of war crimes, the Benchbook was created to provide judges with a structured framework to adjudicate international crimes in accordance with international and domestic norms and procedures.

By compiling relevant international legal sources, including international treaties, judicial decisions, and academic commentaries, and evaluating their applicability at the domestic level in the context of international crimes, the publication aims to assist judges in the interpretation and application of the relevant domestic offences. The Benchbook is designed to help promote accountability for international crimes by providing critical support to judicial processes at the national level, strengthening the legal framework and increasing the capacity of courts to draft high-quality and well-reasoned judgments in international crimes cases.

UpRights contribution to the drafting of this important document is intended to help address the growing number of criminal proceedings being registered, classified and adjudicated in the Ukrainian context in order to support the important work of the National School of Judges in pursuing the administration of justice for international crimes.

UpRights is pleased to announce it has developed an online transitional justice course for civil servants and local administrators in Ukraine in coordination with the National Agency of Ukraine for Civil Service and the Hague Academy for Local Governance. The course introduces the fundamentals of transitional justice and its role in helping society cope with the past, ensure accountability, serve justice and promote reconciliation.

Through four distinct modules, participants gain practical knowledge concerning four primary objectives of transitional justice: accountability, reparations, strengthening the rule of law and fostering trust and promoting truth seeking and reconciliation. Specific transitional justice mechanisms which help to realise these objectives are covered in detail while concrete challenges affecting conflict-affected communities in Ukraine are considered through interactive scenarios. The course emphasises the importance of empowering local government to collaborate with national actors and provide accessible, victim-centred services to address conflict and post-conflict challenges.

Building upon the online transitional justice course, the Hague Academy for Local Governance and UpRights co-director Asa Solway and legal advisor Sofia Poulopoulou conducted a training of trainers on transitional justice for civil servants in Ukraine. During the training, representatives of the Ukrainian civil service, members of the judiciary and academics discussed relevant tools to conduct the training on transitional justice.

On 13 June, UpRights will lead a training on the promotion of human rights for participants of the Matra Rule of Law Training Programme led by the Netherlands Helsinki Committee, the Leiden Law School, and The Hague Academy for Local Governance. The Programme is an initiative aimed at strengthening the rule of law for officials of national governments. Through the training program participants gain practical skills and knowledge on rule of law themes and obtain the necessary tools to implement human rights standards effectively.

UpRights will provide an overview on the role of international human rights law in the effective documentation of human rights violations. Participants will interactively engage on issues relating to the cooperation between national actors and NGOs to safeguard fundamental rights.

Participants will also reflect on specific challenges in their own countries to identify areas for reform and exchange practices with peers to mutually enhance their knowledge in developing sustainable policies for rights protection. By providing participants with an overview of mechanisms and policies that can be employed to implement internationally agreed standards, the training programme empowers them to implement the newly gained knowledge and insights in their respective organisations.

UpRights’ senior legal advisor David Kinnecome co-authored with James Patrick Sexton, junior researcher at T.M.C. Asser Instituut, an analysis for the blog of the European Journal of International Law “Enforcing Sanctions Violations to Fund the Reconstruction of Ukraine”.

The article analyses the recent efforts by the European Union and the United States to pursue the enforcement of sanctions, notably concerning the violations committed in the context of the RussiaUkraineWar.

In particular, the article contends that the enforcement of sanctions violations could gather the necessary funds to pursue both compensation for victims of the conflict and the implementation of reconstructive efforts, concluding that although these approaches may not fully cover the financial needs of compensation and reconstruction, they would still offer additional legitimate sources of funding.

Read the post here

UpRights welcomes the publication of the report “The Taliban’s war on women: The crime against humanity of gender persecution in Afghanistan”. The report, jointly published by Amnesty International and the International Commission of Jurists (ICJ), with legal and analytical support from UpRights, details how human rights violations against women and girls under Taliban rule in Afghanistan may amount to crimes against humanity and, in particular, gender persecution.

Following the Taliban’s takeover in August 2021, the human rights of women and girls in Afghanistan have been progressively curtailed, despite initial assurances by the Taliban to uphold their rights. Gradually, the Taliban have implemented a series of policies to oppress and exclude women and girls from society with any meaningful form of public participation now prohibited.

The report details how actions taken by the Taliban’s de facto authorities have actively restricted the human rights of women and girls. These are in direct contravention of rights guaranteed under international human rights treaties to which Afghanistan is a party. Restrictions include: preventing women from moving freely and dressing as they choose; bans on education beyond primary school; exclusion from a wide range of professions, including from working with NGOs and the UN office in Afghanistan, and refusal to grant political appointments or public positions. The de facto Taliban authorities have also suppressed any instance of resistance against these policies through the use of intimidation, persecution, arbitrary detention, enforced disappearance, torture, and other forms of cruel, inhuman, or degrading treatment.

The joint report highlights how the policies adopted by the Taliban severely curtail the human rights of women and girls, including the rights to education and work, and to the freedom of movement, expression, association, and peaceful assembly, as well as the rights to equality and non-discrimination. The new joint report provides an extensive legal assessment suggesting that such human rights violations to which women and girls are subjected can amount to international crimes under international law and in particular to the crime against humanity of gender persecution according to the Rome Statute of the International Criminal Court (ICC). Through a detailed legal analysis, to which UpRights provided analytical support, the report also underlines how the incidents of arbitrary arrest and detention, torture and other ill-treatment committed against women and girls accused of so-called “moral offenses” or for their participation in peaceful protests or other exercise of their human rights may further amount to the crimes against humanity of imprisonment, enforced disappearance and torture under Article 7(1) of the Rome Statute

The report covers the period from August 2021 to January 2023 and builds on Amnesty International’s previous investigative report “Death in Slow Motion: Women and Girls Under Taliban Rule”. The important analysis contained in the report would not have been possible without the cooperation between Amnesty International and the ICJ.

UpRights is pleased to announce its participation to the upcoming Peace&Justice Café event organised by The Hague Humanity Hub in collaboration with The Hague Institute for the Innovation of Law.

The event, as part of Hague Justice Week, will focus on the concept of “People-Centred Justice” which is an idea that emphasizes the necessity, for legal practices and systems, to become evidence-based, outcome-oriented, and accessible to the people they serve. The Peace&Justice Café is a fundamental networking event for human rights professional that fosters and strengthens the collaboration towards a more just world, providing us with the opportunity to collectively come up with concrete solutions to tackle today’s complex and urgent problems. Launched by the Hague Humanity Hub in collaboration with the Municipality of The Hague and The Hague Institute for the Innovation of Law, the event brings together peacebuilders, justice innovators, researchers, humanitarians, impact entrepreneurs, policymakers, and other changemakers from The Hague and beyond to foster an environment of profitable exchange and mutual enriching.

The Peace&Justice Café is based on the “roundabout” sessions: a series of small-scale, interactive and informative discussions aimed at providing an environment for conversation and information sharing among the participants.

Through their contribution, UpRights co-directors and founders Valérie Gabard and Asa Solway will underline the importance of employing an inclusive and people-centred approach to using international law to promote human rights and ensure accountability for serious human rights violations. They will consider the opportunities and challenges in employing international law to empower local and national actors to promote human rights by exploring practical examples of its implementation in the pursuit of justice. Alongside the active engagement of the participants, the session will provide the opportunity to discuss innovative legal pathways, strategies to build partnerships and lessons learned from employing people-centred justice in the context of international law.

Meet us at the Peace&Justice Café on June 8 by registering here and join the conversation!