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. 

UpRights is pleased to announce the publication of its 2023 Annual Report.  

As detailed in the report, in 2023 UpRights continued to develop its unique approach to promoting human rights which is rooted in building strong relationships with civil society, national governments, and organizations closely connected to those most affected by human rights issues. By actively listening to their needs, we strive to provide tailored support to use international law to help achieve our partners’ objectives. 

Why does this matter? UpRights has found that despite most accountability efforts occurring at the local level, expertise often remains concentrated in traditional centers of power. We strive to make international law and pathways to justice more accessible to those undertaking the most critical and challenging work on the ground. 

If national actors cannot access or fully harness how international law can benefit them, its impact will be limited. We are continually exploring models of support that emphasize local ownership by those best positioned to advance human rights.  

We invite you to read our annual report and join us in our ongoing commitment to these vital goals.

Thursday, 16th of May, marked the inaugural session of the online training series jointly organized by the Asser Institute, Global Rights Compliance, and the Ukrainian Bar Association, as part of the MATRA-Ukraine Project. 

UpRights Valerie Gabard and David Kinnecome delivered a presentation to explore the nuances of applying international law within the Ukrainian legal framework with a view to deepening knowledge among Ukrainian lawyers who represent the accused and victims in cases of crimes related to the conflict in Ukraine.   

Building upon UpRights’ work on the Benchbook on the Adjudication of International Crimes under Ukrainian Domestic Law, developed by international and Ukrainian experts in collaboration with judges and with support from the USAID Justice for All Activity, Valérie and David notably underlined the role of international law in the adjudication of international crimes under Article 438 and Article 442 of the Criminal Code of Ukraine. 

On Wednesday, May 15, 2024, UpRights’ David Kinnecome took part in the event, “Sanctions, Remittances, and (in)Security: Legal Conundrums, Financial Paradoxes, and Humanitarian Puzzles,” organized by the Asser Institute and the University of Leiden. 

Throughout the day, the conference brought together students, officials, practitioners, and scholars to explore the intricate interplay between international law and sanctions authority, the nuanced role of financial systems as conduits within the sanctions landscape, and the emergence of novel strategies employed by major powers to circumvent existing sanctions frameworks.  

As part of the roundtable on ‘Sanctions and the Pursuit of Accountability for International Crimes: Critical Reflections’, David addressed the pivotal issue of utilizing sanctions-related funds to facilitate compensation for victims of such crimes, underscoring the imperative of ensuring tangible restitution within sanction regimes. 

As we reflect on the rich discourse and insights garnered from yesterday’s proceedings, we are reminded of the imperative to continue fostering dialogue and collaboration within the realm of sanctions scholarship and practice.  

 

The Netherlands is the home of UpRights and serves as the starting point of our global activities. From our headquarters in The Hague, we have led and participated in workshops, lectures, and training sessions on our areas of expertise, employing multifaceted approaches to the advancement of human rights through the effective use of international law. We also assist in submissions before international bodies, including the Internatioanl Criminal Court. 

On November 21st and 22nd, 2023, UpRights’ Co-Directors Valerie Gabard and Asa Solway, along with Senior Legal Advisor David Kinnecome, participated in a series of events organized to facilitate knowledge exchange among legal experts and enhance the capacity of Ukrainian judges in the realm of international criminal law.

On November 21st, Valérie and Asa engaged in a thought-provoking session promoted by the T.M.C Asser Instituut focusing on judgement drafting in international crimes cases. The discussion began with their relevant experience at international criminal tribunals and then moved to a specific discussion of Article 438 of the Ukrainian Criminal Code and the issues related to the applicability of international criminal law in light of its blanket provision concerning war crimes.

The presentation integrated insights from the Benchbook on the Adjudication of International Crimes in Ukraine, a resource crafted by Ukrainian judges, UpRights, and Global Rights Compliance in close cooperation with the Ukrainian Supreme Court, the National School of Judges of Ukraine and with the support of USAID and the Matra Project to aid judges in the interpretation and application of relevant domestic offenses.

On November 22nd, in a separate workshop, David Kinnecome, UpRights’ Senior Legal Advisor, joined Valérie and Asa for a workshop on comparative law organized by the USAID Justice for All Activity as part of the Inter-University Programme on International Criminal Law and Procedure for Ukrainian Law Schools (IUP-UA).

The workshop provided a platform for Ukrainian law faculties to engage in in-depth discussions on issues related to international criminal law as applied in Ukraine. The trio’s presentation covered a spectrum of topics, including the role of international law in adjudicating war crimes cases under Article 438 of the Criminal Code of Ukraine and they also explored aspects of in-absentia trials and the admission and assessment of digital evidence, drawing where relevant from the practice of international tribunals.

UpRights is pleased to support the organisations’ commitment to promoting knowledge-sharing in international justice. Read more about these visits here, about the IUP-UA Project here and read the Benchbook on the Adjudication of International Crimes.

UpRights is thrilled to announce a significant achievement in our ongoing partnership with the Global Organic Textile Standard (GOTS). In order to support more sustainable and ethical business practices in the textile industry, UpRights assisted GOTS in the creation of the GOTS Due Diligence Handbook for Certified Entities. This document will strengthen GOTS’ existing frameworks to ensure Certified Entities incorporate effective due diligence into their operations while bringing GOTS closer to the Organisation for Economic Co-operation and Development’s (OECD) frameworks.

GOTS’ Due Diligence Handbook for Certified Entities complements the most recent Standard and Implementation Manual, released in March 2023 with support from UpRights. The Standard and Implementation Manual’s criteria pertaining to the environment, chemical input, social and human rights, and governance, are now supplemented with a comprehensive due diligence management process.

GOTS’ criteria and due diligence are now also brought closer to the OECD’s comprehensive international framework for due diligence for responsible supply chains in the garment and footwear sector. This is part of a rigorous alignment assessment process, which is supported by the German Federal Ministry for Economic Cooperation and Development, and which began in July 2023 and is expected to go into 2024.

The result will assist and empower all GOTS Certified Entities to conduct effective due diligence, tailored to the unique circumstances of each entity. This is set out in a practical, six-step process to proactively address risk of harm and adverse impacts to human rights and the environment. It is a roadmap to identify; prevent; track; communicate; and remedy those adverse impacts within Certified Entities’ operations and supply chains. With cooperation among Certified Entities and working with the entire supply chain, from raw fibre harvesting, through responsible manufacturing, up to labelling to provide credible assurance to end consumers.

UpRights looks forward to continuing its cooperation with GOTS through the development of further instruments and training for GOTS Approved Certification Bodies and Auditors. Most of all we look forward to witnessing the positive impact of these efforts as companies strive to uphold human rights and environmental responsibility.

In 2023, UpRights and The Hague Academy for Local Governance developed a Training of Trainers on transitional justice, as well as an interactive online training, for Ukrainian civil servants. In recognition of the International Day of Peace on September 21st, UpRights’ co-director, Asa Solway, discussed with the Hague Academy the importance of transitional justice processes in Ukraine including in light of the full-scale Russian invasion of Ukraine.

Asa observed that the training is intended to serve as a toolkit designed to help societies confront the aftermath of large-scale past conflicts, repressions, violations, or abuses. In this regard, transitional justice is composed of different processes designed to address challenges that arise during and following conflict and periods of serious human rights abuses to ensure justice and accountability, strengthen the rule of law and promote reconciliation through a victim-centered approach.

Asa observed that the situation in Ukraine faces a plurality of conflict-related challenges that, viewed through these lenses, can be addressed through transitional justice processes including by giving voice to those most affected. He further noted that although peace requires long-term commitment, communities will have the best chance to begin to rebuild while focusing on those most vulnerable if an organised approach is taken that rooted in the rule of law.

Read the full interview here and read the Benchbook on the Adjudication of International Crimes

On July 18, 2023, UpRights Senior Legal Advisor David Kinnecome alongside Ukrainian judges led the fifth and final workshop focused on procedure in international crimes cases in Ukraine. The workshop is the final in a series of events organized by the USAID Justice for All Activity following the publication of the Benchbook on the Adjudication of International Crimes, which was developed by the USAID Justice for All Activity in partnership with the National School of Judges, Global Rights Compliance, and UpRights.

David and Ukrainian judges presented attendees with national and international perspectives on issues relating to trials in absentia, the assessment and admissibility of digital evidence, and the risks of re-victimization, which are relevant to adjudicating international crimes. In particular, the event highlighted how international practice and procedures can offer guidance and in certain instances persuasive authority when considering procedural issues under the Ukraine Criminal Procedure Code.

The event closed a series of thematic workshops organized following the publication of the Benchbook on 22 June 2023 to provide judges and other stakeholders with the opportunity to discuss substantial and procedural aspects of international crimes adjudication provided by the Benchbook.

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.