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 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 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.

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.

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.

In a two-part blogpost (part 1 and part 2) published on OpinioJuris, UpRights co-founder Alessandro Pizzuti and Assistant Professor Giulia Pinzauti discuss the prospect of prosecuting aggression against Ukraine as the crime against humanity of “other Inhumane act” before the International Criminal Court.

The International Criminal Court’s lack of jurisdiction over the crime of aggression committed by the leadership of the Russian Federation and Belarus against Ukraine has prompted several voices to advocate alternative avenues to address a potential impunity gap, including the creation of a new international tribunal. The blogpost explores whether the ICC could exercise jurisdiction over the acts underlying Article 8bis of the Statute (crime of aggression) by subsuming the relevant conduct under the framework of crimes against humanity.

The Blogpost argues that while not without challenges, the intentional and severe violation of the right to self-determination of the Ukrainian people caused by Russia’s unlawful use of force caused the people of Ukraine great suffering or serious injury to mental or physical health that can be qualified as an other inhumane act under Article 7(1)(k) of the Statute.

On 28 April 2022, during a regular briefing to the United Nations Security Council on the situation in Libya, the Prosecutor of the International Criminal Court (ICC) reported that crimes committed against migrants in Libya may amount to crimes against humanity and war crimes and fall within the ICC jurisdiction. Never before had the Prosecutor been so clear on the nature of these crimes or his Office’s intention to pursue such a line of investigation.

These conclusions are fully consistent with the Article 15 Communication on War Crimes and Crimes Against Humanity Committed Against Migrants and Asylum Seekers in Libya filed on 17 January 2022 by UpRights, Adala for All, and StraLi. In his report the Prosecutor confirmed that the communication assisted his work and inquiry concerning relevant crimes committed against migrants in Libya.

The Article 15 Communication filed on 17 January 2022 – and now publicly available – concerns war crimes committed in Libya between 2017 and 2021 against migrants and asylum seekers. The Communication requests the ICC to investigate international crimes committed by Libyan armed groups against thousands of migrants, including women and children, trapped in detention centres in Libya following their interception at sea. Once returned to Libya, the victims were routinely and systematically subjected to various forms of mistreatments and abuse including murder, torture, rape, forced labour and forced conscription. The Communication underlines that the ICC Prosecutor must investigate war crimes against migrants and asylum seekers detained in Libya committed by Libyan armed groups and officials with the support of Italian and Maltese Authorities.

In a blog post published today on Justice in Conflict, UpRights co-founder Alessandro Pizzuti and Alice Giannini from StraLi discuss the ICC Prosecutor’s report to the United Nations Security Council and the content of the Article 15 Communication filed on 17 January 2022. The post reconstructs some of the challenges, in terms of qualification and jurisdiction, which are behind the ICC Prosecution’s conclusion that the abuses against migrants in Libya may qualify as war crimes and crimes against humanity.

The International Criminal Court must investigate war crimes against migrants and asylum seekers detained in Libya committed by Libyan armed groups and officials with the support of Italian and Maltese Authorities

(The Hague, Paris, Turin) 18 January 2022 – Yesterday, Adala for All, StraLi, and UpRights filed a Communication to the International Criminal Court (ICC) concerning crimes committed in Libya between 2017 and 2021 against migrants and asylum seekers which may amount to war crimes within the jurisdiction of the court. The Communication requests the ICC to investigate international crimes committed by Libyan armed groups against thousands of migrants, including women and children, trapped in detention centres in Libya following their interception at sea. Once returned to Libya, the victims were routinely and systematically subjected to various forms of mistreatments and abuse including murder, torture, rape, forced labour and forced conscription. The Communication underlines that the ICC Prosecutor should scrutinize, in addition to Libyan actors, the potential criminal conduct of Italian and Maltese authorities and officials for the support they provided to Libyan actors.

Since the Revolution of 2011, Libya has been subject to ongoing armed conflict and political instability. Armed groups have dominated smuggling and trafficking throughout the country and developed a predatory economy in which migrants are intercepted at sea during their journey to Europe, returned to Libya and placed in detention centres in which they are systematically subjected to serious abuses. Actors involved in the commission of these alleged crimes include members of armed groups in control of detention centres, acting under the nominal authority of Libyan authorities, as well as the Libyan Coast Guard and the Department Combatting Illegal Migration under the Ministry of Interior.

The crimes committed against migrants and asylum seekers qualify and should be investigated as war crimes under Article 8 of the ICC Statute. Members of armed groups, taking direct part in ongoing hostilities in Libya, have subjected migrants intercepted at sea to numerous abuses in detention centres under their control including murder, torture and/or cruel treatment, forced labour, hostage-taking, and various forms of sexual violence including rape and sexual slavery. The Communication submits that these acts meet the threshold necessary for war crimes as they took place in the context of and were associated with the ongoing armed conflict in Libya. Additionally, these crimes qualify as crimes against humanity under Article 7 of the ICC Statute.

The need to investigate and ensure accountability is heightened by the fact that a number of European authorities, including Italian and Maltese nationals, have facilitated the return of migrants to Libya leading to their detention and subsequent mistreatment. As observed by Ramadan Amani from Adala for All, “Crimes committed against migrants in Libya represent an emerging ‘pocket of impunity’ at the border of Europe which has become increasingly and openly accepted by the international community despite the massive amount of evidence of pervasive international crimes on Europe’s doorstep. Available evidence clearly points to responsibilities within Europe.”

Between 2017 and 2021, Italian authorities and officials provided crucial support to the Libyan Coast Guard to intercept migrants at sea and return them to detention centres including the provision of assets, equipment, maintenance and trainings. Italian and Maltese officials closely coordinated with the Libyan Coast Guard on rescue operations to ensure that migrants at sea would be intercepted and returned to Libya. The communication submits that the support provided by the Italian and Maltese authorities to the Libyan Coast Guard qualifies as a form of contribution to the crimes committed against migrants in detention centres and triggers international criminal responsibility under the ICC Statute.

Alessandro Pizzuti, co-founder of UpRights, underlines that “crimes committed against migrants in Libya differ from past atrocities generally addressed by international criminal courts and tribunals. In Libya the parties to the conflict target migrants because they are perceived as a crucial asset to advance their political and military objectives. To meet the new challenges that the world is facing, it is indispensable that the international criminal court provide robust responses to these new factual scenarios and dynamics”

The submitting organizations reiterate the need for investigation and potential prosecution of all relevant actors outlined in the Communication. As observed by Nicolò Bussolati, vice-President of StraLi, “the Communication requests the ICC to undertake an investigation and take an important first step to ensure that crimes related to migration, traditionally under the purview of human rights and refugee law, are scrutinized through the lens of international criminal law”.

For more information, please contact Alessandro Pizzuti: a.pizzuti@uprights.org

Read the Executive Summary of the ICC Communication and the Press Release.

About the Organizations

Adala For All is a not-for-profit organization, based in France, and composed of a network of dozens of Libyan human rights lawyers and jurists with expertise in the MENA region. Through its members, based in Libya, AFA works with victims and members of local CSOs in need of legal support to defend their cases in front of national courts and access to international accountability mechanisms.

StraLi is an Italian NGO aiming at the promotion and protection of human rights through the judicial system and, in particular, the use of strategic litigation tools. The organisation is mainly based in Turin, but has active members all over Europe. Although mainly composed of lawyers, it includes professionals from various fields – such as doctors, psychologists, social-media managers and journalists – to approach human rights protection from an holistic and multidisciplinary perspective.

UpRights is a non-profit initiative based in The Hague, Netherlands. UpRights strives for effective access to justice for victims of serious human rights violations and international crimes. UpRights works in collaboration with civil society and international organisations to promote victims’ rights, providing professional assistance on matters concerning international criminal law and human rights law. Our team includes professionals from international criminal Tribunals and UN Commissions of Inquiry with extensive knowledge of human rights and international criminal law.

The International Criminal Court must investigate war crimes against migrants and asylum seekers detained in Libya committed by Libyan armed groups and officials with the support of Italian and Maltese Authorities

(The Hague, Paris, Turin) 18 January 2022 – Yesterday, Adala for All, StraLi, and UpRights filed a Communication to the International Criminal Court (ICC) concerning crimes committed in Libya between 2017 and 2021 against migrants and asylum seekers which may amount to war crimes within the jurisdiction of the court. The Communication requests the ICC to investigate international crimes committed by Libyan armed groups against thousands of migrants, including women and children, trapped in detention centres in Libya following their interception at sea. Once returned to Libya, the victims were routinely and systematically subjected to various forms of mistreatments and abuse including murder, torture, rape, forced labour and forced conscription. The Communication underlines that the ICC Prosecutor should scrutinize, in addition to Libyan actors, the potential criminal conduct of Italian and Maltese authorities and officials for the support they provided to Libyan actors.

Since the Revolution of 2011, Libya has been subject to ongoing armed conflict and political instability. Armed groups have dominated smuggling and trafficking throughout the country and developed a predatory economy in which migrants are intercepted at sea during their journey to Europe, returned to Libya and placed in detention centres in which they are systematically subjected to serious abuses. Actors involved in the commission of these alleged crimes include members of armed groups in control of detention centres, acting under the nominal authority of Libyan authorities, as well as the Libyan Coast Guard and the Department Combatting Illegal Migration under the Ministry of Interior.

The crimes committed against migrants and asylum seekers qualify and should be investigated as war crimes under Article 8 of the ICC Statute. Members of armed groups, taking direct part in ongoing hostilities in Libya, have subjected migrants intercepted at sea to numerous abuses in detention centres under their control including murder, torture and/or cruel treatment, forced labour, hostage-taking, and various forms of sexual violence including rape and sexual slavery. The Communication submits that these acts meet the threshold necessary for war crimes as they took place in the context of and were associated with the ongoing armed conflict in Libya. Additionally, these crimes qualify as crimes against humanity under Article 7 of the ICC Statute.

The need to investigate and ensure accountability is heightened by the fact that a number of European authorities, including Italian and Maltese nationals, have facilitated the return of migrants to Libya leading to their detention and subsequent mistreatment. As observed by Ramadan Amani from Adala for All, “Crimes committed against migrants in Libya represent an emerging ‘pocket of impunity’ at the border of Europe which has become increasingly and openly accepted by the international community despite the massive amount of evidence of pervasive international crimes on Europe’s doorstep. Available evidence clearly points to responsibilities within Europe.”

Between 2017 and 2021, Italian authorities and officials provided crucial support to the Libyan Coast Guard to intercept migrants at sea and return them to detention centres including the provision of assets, equipment, maintenance and trainings. Italian and Maltese officials closely coordinated with the Libyan Coast Guard on rescue operations to ensure that migrants at sea would be intercepted and returned to Libya. The communication submits that the support provided by the Italian and Maltese authorities to the Libyan Coast Guard qualifies as a form of contribution to the crimes committed against migrants in detention centres and triggers international criminal responsibility under the ICC Statute.

Alessandro Pizzuti, co-founder of UpRights, underlines that “crimes committed against migrants in Libya differ from past atrocities generally addressed by international criminal courts and tribunals. In Libya the parties to the conflict target migrants because they are perceived as a crucial asset to advance their political and military objectives. To meet the new challenges that the world is facing, it is indispensable that the international criminal court provide robust responses to these new factual scenarios and dynamics”

The submitting organizations reiterate the need for investigation and potential prosecution of all relevant actors outlined in the Communication. As observed by Nicolò Bussolati, vice-President of StraLi, “the Communication requests the ICC to undertake an investigation and take an important first step to ensure that crimes related to migration, traditionally under the purview of human rights and refugee law, are scrutinized through the lens of international criminal law”.

For more information, please contact Alessandro Pizzuti: a.pizzuti@uprights.org

Read the Executive Summary of the ICC Communication and the Press Release.

About the Organizations

Adala For All is a not-for-profit organization, based in France, and composed of a network of dozens of Libyan human rights lawyers and jurists with expertise in the MENA region. Through its members, based in Libya, AFA works with victims and members of local CSOs in need of legal support to defend their cases in front of national courts and access to international accountability mechanisms.

StraLi is an Italian NGO aiming at the promotion and protection of human rights through the judicial system and, in particular, the use of strategic litigation tools. The organisation is mainly based in Turin, but has active members all over Europe. Although mainly composed of lawyers, it includes professionals from various fields – such as doctors, psychologists, social-media managers and journalists – to approach human rights protection from an holistic and multidisciplinary perspective.

UpRights is a non-profit initiative based in The Hague, Netherlands. UpRights strives for effective access to justice for victims of serious human rights violations and international crimes. UpRights works in collaboration with civil society and international organisations to promote victims’ rights, providing professional assistance on matters concerning international criminal law and human rights law. Our team includes professionals from international criminal Tribunals and UN Commissions of Inquiry with extensive knowledge of human rights and international criminal law.

On 13 October 2021, UpRights Co-Founder Alessandro Pizzuti participated in a panel discussion at the University of Amsterdam concerning crimes committed against migrants in Libya. The event, organized by the Amsterdam Center for Criminal Justice at the University of Amsterdam as part of the “Global Justice Sessions” series, included a screening of “Libya: No Escape from Hell” by director Sara Creta. The documentary illustrated ongoing mistreatment of migrants in detention centers across Libya.

As part of the panelist discussion, Alessandro outlined the applicability of international criminal law to the abuses committed against migrants. While crimes against migrants are typically viewed as human rights violations, international criminal law must also be considered as a relevant framework to pursue prosecutions and ensure accountability. In light of the link with the armed conflict ongoing in Libya, the abuses committed against migrants in detention centres may be qualified as war crimes and fall within the jurisdiction of the International Criminal Court.

Co-panelists included Ramadan Alamami (former prosecutor in Libya and current CEO of “Adala for all”), Mark Micallef (Director of the “North Africa and Sahel Observatory” of Global Initiative Against Transnational Organized Crime) and documentary filmmaker Sara Creta.