Documenting and analyzing human rights violations Archives

On July 3, 2024, UpRights took part in the 7th edition of “Building the Capacity of Judges to Deal with International Crimes in Africa”, a training course for judges and prosecutors from French-speaking African countries organized in the context of the high-level training programme on international criminal law and transnational criminal law by the T.M.C. Asser Instituut, the Antonio Cassese Initiative, and the International Nuremberg Principles Academy.

During her panel, UpRights’ Co-Director Valérie Gabard conducted an interactive exercise related to the investigation and qualification of conflict-related sexual violence, with a particular focus on the qualification of SGBV in the context of war crimes and crimes against humanity. Valérie’s presentation concluded the third day of the training, allowing participants to engage in discussions on the complex process of investigating and prosecuting sexual and gender-based violence.

Covering topics like the elements of international crimes, investigations and prosecution strategies, and the protection of witnesses and victims in international criminal law cases, the training course was developed to equip judges and prosecutors with practical skills, tools, and knowledge necessary to address international and transnational crimes effectively.

As the 55th session of the United Nations Human Rights Council approaches, Human Rights Activists (HRA) in Iran is publishing the redacted version of a submission filed in December to the Independent International Fact-Finding Mission on the Islamic Republic of Iran (FFMI).

Drafted with the legal support of UpRights, the 60-page submission argues that the facts provided to the FFMI by HRA and two trusted partner organizations should lead the FFMI to conclude that crimes against humanity, and in particular persecution on political and gender grounds, have taken place in the Islamic Republic of Iran since at least 16 September 2022.

The redacted version of the submission is presented in five comprehensive parts, first outlining a methodological approach to collecting and verifying information. Then, it contextualises the “Woman, Life, Freedom” protests in the wider discriminatory legal framework against women, girls and LGBTQI+ individuals, detailing the facts surrounding the protests, before providing a legal analysis focusing on the crime against humanity of persecution on gender and political grounds. Finally, it presents the FFMI and UN Member States with recommendations in this respect.

To read more on HRA’s work on shedding light on the situation of human rights in Iran ahead of the FFMI’s report – set to be delivered on March 18th – see here

UpRights and StraLi welcome the recent ruling of the Italian Court of Cassation (Judgment No. 4557 of Feb. 1, 2024, Fifth Criminal Section). The Court of Cassation’s decision upholds the conviction of the captain of the Italian-flagged tugboat Asso 28, which, in July 2018, intercepted 101 migrants near an oil platform in Libyan Search and Rescue zones and handed them over to the so-called Libyan Coast Guard, facilitating their return to Libya.

The landmark ruling considers the appeal of the commander of the tugboat Ace 28 as unfounded and bases the decision on “the high risk [that] the migrants [might be] subjected to inhuman and degrading treatment in the detention centers […] in Libyan territory, with the impossibility of seeing their fundamental rights protected”. The Court of Cassation, therefore, declares in no uncertain terms that Libya is not a safe harbor.

Moreover, the Court of Cassation also saw in the conduct of the captain of the boat Asso 28 the elements of collective pushback, which is prohibited by the European Convention on Human Rights (ECHR), because in the act of handing over people to the Libyan authorities he failed to identify them, to obtain information about their origin and nationality, their health conditions, and to ascertain their willingness to seek asylum, among others (also recalling a landmark ruling of the EDU Court, Hirsi Jamaa and others v. Italy, 2012). In addition, the Court found a violation of the so-called principle of non-refoulement (or non-rejection), which prohibits Italy from returning individuals to countries where there is a risk that they will be subjected to inhuman and degrading treatment, and thus in the case at hand-to Libya.

In light of the Court’s ruling and their established partnership, UpRights and StraLi call on Italy to comply with international human rights standards and end its complicity with violations of migrants’ rights.

On Feb. 2, 2024, StraLi and UpRights published the report “Navigating Troubled Waters: Italy’s Human Rights Dilemma in the Mediterranean” which underlines the serious human rights violations resulting from Italy’s cooperation with Libya and, how the Memorandum of Understanding between Italy and Libya situates Italy in violation of its international human rights obligations.

The report reiterates the urgent need for Italy to reformulate its approach to international cooperation in the area of migration. In response to the most recent developments, UpRights and StraLi reiterate their call for a reconsideration of Italy’s cooperation strategy with Libya, proposing two options to ensure compliance with international law obligations:

Amending the Memorandum of understanding by introducing a clause specifying that respect for human rights and international humanitarian law is essential. This clause should establish an independent body to monitor compliance, a list of mitigation measures for human rights violations, and a legal framework for effective access to justice.

Termination or suspension of the Memorandum if amendments consistent with principles of international law cannot be introduced. Violations by Libyan authorities could justify such actions under Article 60 of the Vienna Convention on the Law of Treaties.

StraLi and UpRights also collaborated on a Article 15 Communication on War Crimes and Crimes Against Humanity Committed Against Migrants and Asylum Seekers in Libya, to initiate an investigation into the international crimes committed by Libyan armed groups against migrant persons intercepted at sea and brought back to Libya, and the potential responsibilities of Italian and Maltese authorities with respect to these crimes.

On February 2nd, 2024, UpRights and StraLi released the report “Navigating Troubled Waters: Italy’s Human Rights Dilemma in the Mediterranean“.

Shedding light on the human rights violations arising from the implementation of Memorandum of Understanding (MoU) signed by Italy and Libya, this report builds upon our Article 15 Communication on War Crimes and Crimes Against Humanity Committed Against Migrants and Asylum Seekers in Libya, which called for an investigation into the international crimes committed by Libyan armed groups against migrants following their interception at sea and return  to  Libya.

The Memorandum of Understanding: A Closer Look

As we approach the 7th anniversary of the MoU, the report delves into its negative human rights implications, calling for a critical examination of Italy’s cooperation practices with Libya and emphasizing the drastic need for a reformulation of such framework.

Tacitly renewed last in February 2023, the MoU has increased the capacity of Libya to intercept migrants and refugees. Nonetheless, the absence of human rights provisions in the framework of the agreement drastically impacted the basic human rights of vulnerable persons, with migrants intercepted at sea facing mistreatment, including arbitrary arrest, torture, inhuman treatment, and sexual violence.

Italy’s International Responsibilities

Our report argues that such violations inevitably render Italy’s position, and consequently the MoU itself, untenable, and situate Italy in violation of its human rights obligations through a policy of externalization.

Indeed, the conduct of Libyan authorities exposes Italy to international responsibility for the violation of several international conventions, including the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the International Covenant on Civil and Political Rights (ICCPR), and possibly the European Convention on Human Rights (ECHR).

The material support provided by Italy may even implicate individual criminal responsibility for Italian agents assisting the Libyan authorities, potentially qualifying as war crimes and crimes against humanity.

Call to Action: Reframing Italy’s Cooperation Strategy

As such, the report calls for a reconsideration of Italy’s cooperation strategy with Libya, proposing two options to ensure compliance with international law obligations:

1. Amendment of the MoU: A human rights clause should be introduced, specifying that respect for human rights and international humanitarian law is essential. This clause should establish an independent body to monitor compliance, a list of mitigating measures for human rights violations, and a legal framework for effective access to justice.

2. Termination or Suspension of the MoU: If amendments consistent with human rights principles cannot be introduced, the report suggests the possibility of terminating or suspending the MoU. Violations by the Libyan authorities may justify such actions under Article 60 of the Vienna Convention on the Law of Treaties, providing leverage for negotiations on amendments in line with Italy’s human rights obligations.

Moving towards human rights

In light of the harsh realities faced by migrants in the Mediterranean, the report urges Italy to amend its policies to ensure compliance with international human rights standards. The report aims to encourage a constructive dialogue and tangible actions to ensure the protection of migrants’ rights and uphold Italy’s commitment to its international obligations.

Our experience has shown us that collaborating with partners who have a deep understanding of the context in which serious violations take place is the most effective way to promote human rights, ensure accountability and support the rule of law. Recognising them as those most proximate to a situation and most directly able to make an impact, we listen to their needs and empower them to make a direct impact.

Our approach involves tailored training programs and collaborative initiatives designed to meet the specific needs of our partners, we equip them with the tools required for effective evidence collection and analysis.

On 11 December 2023, Human Rights Activists (HRA) in Iran and UpRights filed a submission before the United Nations Fact-Finding Mission on the Islamic Republic of Iran (FFMI). The submission contends that crimes against humanity, and in particular persecution on political and gender grounds, have taken place in the Islamic Republic of Iran since at least 16 September 2022.

Analysing information collected and verified by HRA and two partner organizations, the submission demonstrates that there are reasonable grounds to believe that the crackdown by the Iranian authorities on the peaceful protests that followed the death of Mahsa Zhina Amini, and other violations related to the protests since September 2022, constitute a widespread and systematic attack against the civilian population. Against the background of the “Woman, Life, Freedom” protests, the submission highlights specific examples of the violence employed by the Iranian government including instances of arbitrary arrest and detention, sexual violence, and murder. It demonstrates that those examples qualify as underlying acts of crimes against humanity and severe deprivations of fundamental rights.

The submission outlines how agents of the Iranian government intended to discriminate against women and girls especially on the basis of gender, with these groups singled out for persecutory treatment including physical and psychological abuse, the use of derogatory language and acts of sexual violence including rape. The submission recognises in this respect that individuals have also been targeted on political grounds. It stresses, however, the intersectional nature of the violations to which women, girls and LGBTQI+ individuals have been specifically subjected by the Iranian authorities for their perceived non-compliance with established gender norms and discriminatory laws and policies.

The submission concludes with recommendations by HRA to the FFMI and the international community to establish accountability for the violations outlined in the submission.

UpRights thanks HRA for the opportunity to contribute to this important issue and in particular analysis of the crime against humanity of persecution on gender grounds. While the entirety of the submission has not been made public at this time, an executive summary of the facts is available here.

On Thursday, November 30th, 2023, UpRights’ Co-Director, Valérie Gabard, joined the Database Center for North Korean Human Rights (NKDB) for the release of their latest report ‘Behind Closed Doors: Mapping the System of Command in the Ministry of State Security & Social Security’. This collaborative effort aims to unravel the intricate web of human rights violations in North Korea, underscoring how the discourse on the North Korean human rights issues has progressively shifted from exposing the gravity of North Korean human rights violations to finding ways to hold perpetrators accountable.

The Report’s Focus: Responsibility and Accountability

Through the employment of its database comprising over 140,000 cases of human rights violations, NKDB was able to produce a report that delves into the organizational structure and systems of command within the North Korean Ministries of State Security and Social Security. The primary goal of the report is to shed light on the systematic and widespread human rights violations occurring within North Korea, emphasizing the need to identify the responsible individuals and organizations, as well as all those actors turning blind eye to the systematic and widespread violations happening in the country.

Valérie’s Insights: Exploring Superior Responsibility

In her contribution Valérie underlined how the type of work done by NKDB could assist in pursuing accountability because of its information-seeking character, indeed, according to the UpRights’ Co-Director, a better understanding the structure and organization of the Ministries could assist judges and prosecutors understand their power structures.

Drawing from her experience from working within the International Criminal Tribunals for the former Yugoslavia and Rwanda, Valérie emphasized the challenges of prosecuting individuals and specifically discussed the concept of ‘superior responsibility’ in the context of international law. While ‘superior responsibility’ is a well-established concept in international criminal law, its application becomes more nuanced in the Korean context, where no individuals have been prosecuted yet. For this exact reason, the report aims to go beyond merely identifying individuals and organizations but also to demonstrate effective control, a crucial aspect in establishing ‘superior responsibility.’

UpRights’ Contribution: Training and Collaboration

Between December 2022 and June 2023, UpRights has been providing investigative and legal advise in the context of collecting evidence and witness reports to better understand the structure and chain of command of the North Korean’s Regime. Furthermore, in January 2023, UpRights also provided the NKDB with trainings workshops aimed at strengthening their legal capacity in documentation and accountability-seeking efforts for crimes committed in North Korea

Looking back at last week’s event, UpRights expresses its pride in the long-term partnership with NKDB and extends gratitude to the entire team for their collaboration in this significant conference. The collective effort aims to bring justice to the victims of human rights violations in North Korea and holds the promise of a brighter future for those affected.

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.