URGENT APPEAL FOR INTERVENTION BY STATES: FORMER ICTR RELEASED AND ACQUITTED PERSONS FACE ESCALATING DANGER AFTER MILITARY COUP IN NIGER

Note: the following is the text of a press release issued today by the ADC-ICT regarding the ICTR acquitted and released persons who remain in Niger. We are relaying this message at the request of the ADC-ICT Head of Office. The original press release is available here for downloading.

The ADC-ICT urgently calls upon the international community to intervene and ensure the safety and security of seven individuals who were transferred to Niger nearly two years ago after being acquitted or released by the International Criminal Tribunal for Rwanda (ICTR). The situation in Niger has become increasingly unstable after the military coup on 26 July 2023, placing them in a heightened state of stress, danger and uncertainty. The individuals were initially transferred to Niger by the United Nations, under an agreement signed with the former government of Niger, which granted them protections and support to rebuild their lives. Since December 2021, they have been held under house arrest without access to basic protections.

The military coup in Niger has created a volatile environment where their safety is further compromised, and their wellbeing is at risk. The aftermath of the coup has led to an escalation of violence, political instability, and a breakdown of law and order in the country.

These individuals have already endured a lengthy legal process, many years in Tanzania before their transfer to Niger, and now face renewed danger due to circumstances beyond their control. The solution is clear. What is needed is a state or states to fulfill their obligation to protect these individuals and welcome them into their territory, and out of danger. This is not only a moral obligation, but would also be a reaffirmation of the commitment to justice and human rights principles that underpinned the creation of the ICTR, and other international courts and tribunals.

“We urge governments to extend a lifeline to these vulnerable detainees who deserve a chance to rebuild their lives in safety and dignity” said Kate Gibson, ADC-ICT President. “These seven men are living each day in unimaginable stress, with no ability to remove themselves from a situation of increasing danger. States’ commitment to international justice must extend to supporting those acquitted or released by international courts. Where acquittals result in detention, the system has failed.”

For media enquires please contact the ADC-ICT at: info@adc-ict.org

What’s Happening in Myanmar?

AN ICLC WEBINAR

Thursday, September 14, 2023, 8:30 AM EDT (New York) – 9:30 AM EDT

Register here

Since February 2021, the people within the country of Myanmar have stood up against the Myanmar military, which took control of the country in a coup on February 1.  Since that time, scores of people who have taken to the streets have been met with deadly violence, arbitrary arrests, and detention, those imprisoned have been tortured. People belonging to different ethnic communities have fled increasing the number of internally displaced persons within the country and in turn, many more have fled outside the borders to Thailand, India, Bangladesh, and beyond. Compounding the situation is arms sales by different governments emboldening the military junta to continue its commission of crimes. Please join us for this important conversation as this panel will discuss current events in Myanmar, specifically current human rights issues within different ethnic communities, what kinds of responses have been helpful, and what more can be done to address the rights violations taking place.


Moderator: Vy Nguyen, ICLC Vice Chair

Speakers:

Ko Ko Nai, Los Angeles Rohingya Association

Nang Moet Moet, Secretary General of the Women’s League of Burma

Nai Kasauh Mon, Human Rights Foundation of Monland

Saw Nanda Hsue, Advocacy Coordinator of Karen Human Rights Group


ADMISSION IS FREE AND OPEN TO ALL, BUT ADVANCE REGISTRATION IS REQUIRED. PLEASE REGISTER HERE.

The Ljubljana-The Hague MLA Convention on Mutual Legal Assistance with Pamela Capizzi

the new ICLC webinar Wednesday Aug 16, 2023 11:00 AM – 12:00 PM EDT


REGISTER HERE


After two weeks of intensive negotiations between nearly 300 experts in public international law and international criminal law, the Convention on International Cooperation in the Investigation and Prosecution of Genocide, Crimes against Humanity, War Crimes and Other International Crimes — referred to as the Mutual Legal Assistance Treaty (MLA), and now formally titled the Ljubljana-The Hague MLA Convention — was adopted at the 18th Plenary Session of the MLA Diplomatic Conference in Ljubljana on 26 May 2023.

Developed outside the UN framework at the initiative of a few States, the Convention aims “to facilitate international cooperation in criminal matters between States Parties with a view to strengthening the fight against impunity” for the most serious crimes under international law.

Please join us for a presentation from Pamela Capizzi, the Head of Pool of Legal Expertise at TRIAL International, a Geneva-based NGO whose mission is to fight impunity for international crimes and support victims in their quest for justice. Ms. Capizzi represented TRIAL International at the MLA Diplomatic Conference which adopted the Ljubljana-The Hague Convention in May 2023 and recently co-authored a post on this topic (available here). Ms. Capizzi’s expertise focuses on strategic litigation and access to justice for victims of international crimes. She has extensive experience in providing legal assistance to victims at national, regional and international levels and in documenting gross human rights violations, especially conflict-related sexual violence cases. Ms. Capizzi holds a LL.M. in International Humanitarian Law and Human Rights from the Geneva Academy.


This webinar is open to everyone. Register in advance here.


More about the The Ljubljana-The Hague MLA Convention:

The Legal Persecution of Ahmadi Muslims in Pakistan

Monday, July 24, 2023 | 12:00 p.m. – 1:15 p.m. EDT

Presented by the Middle East Committee

and co-sponsored by the

International Human Rights and International Criminal Law Committees

Click Here to Register

A free webinar open to all interested communities.

The program will explore the legal issues surrounding the ongoing persecution of Ahmadi Muslins and discuss options for response.

In 1974, a Pakistan constitutional amendment declared Ahmadis non-Muslims, denying them the right to self-identify as Muslims and effectively excluding them from exercising other basic citizenship rights. In addition to these provisions, Pakistan maintains several laws, including criminal blasphemy and anti-Ahmadiyya laws, that further restrict freedom of religion or belief and are often used to target religious minorities. On March 7, 2023, the District Bar Association of Gujranwala announced a new requirement that any individual seeking admittance to the Bar of Pakistan in Gujranwala must positively assert that they are Muslim and denounce the teachings of the Ahmadiyya Muslim Community and specifically its founder, Mirza Ghulam Ahmad. A similar notice was issued by the Khyber Pakhtunkhwa Bar Council on May 3, 2023.

Pakistan ratified the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) in 1966 and the International Covenant on Civil and Political Rights (ICCPR) in 2010, the latter with limited reservations.

Speakers:

Mahmood Ahmad, President, Ahmadiyya Muslim Lawyers Association USA

Harrison Akins, PhD, Foreign Affairs Officer (Afghanistan, India, Pakistan Lead), Office of International Religious Freedom, U.S. State Department

Amjad Mahmood KhanAdjunct Professor, UCLA Law School, National Secretary of Public Affairs, Ahmadiyya Muslim Community USA

Dr. Katrina Lantos Swett, President, Lantos Foundation for Human Rights and Justice

Usman Karim ud-Din, Advocate, Supreme Court of Pakistan

Human Rights Defenders Under Attack: Where Are We Now?

Accountability Under Human Rights Law

Thursday, May 18, 2023, 12:00 p.m. to 1:30 p.m. ET

Co-sponsored by the ABA International Law Section International Human Rights Committee and Women’s Interest Network

Click here to register.

Human Rights Defenders globally continue to face attacks on account of their advocacy and work. This program will explore the present situation in two South American countries, Colombia and Venezuela, and avenues of accountability under international human rights instruments. What has contributed to these violations of human rights norms, how have local authorities failed to act and how can the international legal system provide protection for victims of these human rights abuses?


Moderator:

Cyreka C. Jacobs, Dispute Division Chair, ABA International Law Section

Speakers:

Holly Dranginis, Legal Advisor for Latin America and the Caribbean, ABA Center for Human Rights,Justice Defenders Program

Geoff Ramsey, Senior Fellow, Adrienne Arsht Latin America Center, Atlantic Council

Claret Vargas, PhD, Senior Staff Attorney, Center for Justice and Accountability

“SPORTSWASHING”

THE INTERPLAY BETWEEN SPORTS AND INTERNATIONAL HUMAN RIGHTS LAW

Presented by the Middle East Committee of the American Bar Association International Law Section
Thursday, May 4 | 4:30pm – 6:00pm | Sheraton Times Square


Nothing brings people together quite like sports. Traditionally viewed as a unifying force in the global community, sport has long been a significant source of “soft power” for nations, who use “sports diplomacy” as a potent tool in their international relations.

Today, however, “Sportswashing” is rapidly becoming the hottest topic in Business & Human Rights, Environmental, Social, and Governance (“ESG”), and Corporate Social Responsibility (“CSR”) — particularly as shareholders, stakeholders, and human rights activists become more and more sensitized and sophisticated vis-à-vis the phenomenon.

Major sporting events such as the 2022 FIFA World Cup show how countries and corporations may seek to use sporting events to “sportswash” their image and cultivate goodwill, diverting the eyes of the world from their odious records on human rights and the rule of law.

Whether you are a rabid ESPN fan, or whether your firm’s roster of clients includes governments, sports teams, and sports figures, or media companies — or, more likely, any of the many major corporate sponsors and/or advertisers associated with sports figures, sports teams, and sporting events — “sportswashing” definitely should be on your radar screen.

Join us for this dynamic, “TV talk show”-style exploration of the fascinating interplay between sports and international human rights.


“Sportswashing” is rapidly becoming the hottest topic in Business & Human Rights, Environmental, Social, and Governance (“ESG”), and Corporate Social Responsibility (“CSR”), particularly as shareholders, stakeholders, and human rights activists become more and more sensitized and sophisticated vis-à-vis the phenomenon.

By hosting the 2022 Winter Olympics, for example, China sought to “sportswash” its gross violations of the human rights of China’s Muslim Uighur minority, who have been forced into concentration camps — though, thanks to the pressure exerted by international human rights activists around the world, China’s efforts failed spectacularly, with foreign government leaders, media, spectators, corporate sponsors, advertisers, and even athletes calling out the country and nicknaming the games the “Genocide Olympics.”

The 2022 FIFA World Cup in Qatar is yet another prime example. By hosting the World Cup, Qatar sought to establish itself as a formidable “player” in the region and in the international community, with its image cleansed, its “soft power” fortified, and its geopolitical position strengthened. But the festivities were overshadowed by damning, high- profile revelations of the country’s pervasive violations of women’s rights, widespread LGBTQ rights abuses, and — perhaps most chilling — utter disregard for the lives of the migrant workers who make up 90% of the country’s population and whose labor powers the economy.

An estimated 6500 migrant workers – from Bangladesh, India, Pakistan, Nepal, Sri Lanka, and elsewhere – have died in Qatar over the past two decades. An untold number perished while working directly on World Cup construction projects, with little acknowledgement and nocompensation whatsoever for their families.

Saudi Arabia is yet another country often accused of “sportswashing” based on the billions of dollars that it is investing in sports in an effort to cast the Kingdom in a favorable light and divert the eyes of the world away from abuses such as its role in the murder/dismemberment of Washington Post journalist Jamal Khashoggi, its support for the war in Yemen, and its torture and imprisonment of Saudi human rights activists like iconic women’s rights advocate Loujain al Hathloul. Champion pro golfer Phil Mickelson – who has forfeited millions of dollars in goodwill and sponsorships by Callaway, KPMG, and Amstel Light – is just one of the latest athletes to have his personal “brand” severely tarnished due to his association with the “sportswashing” Saudi regime.

These are but a few examples. The list of sports – and “sportswashing” countries – goes on and on.

Join some of the biggest names in the field for what promises to be a fascinating, engaging, and highly informative introduction to the “Wide World of ‘Sportswashing”’!


PANELISTS

Ernesto J. Alvarado, Allen & Overy LLP, Washington, DC

Rachel Chambers, Professor of Business Law, University of Connecticut School of Business, Storrs, CT

Simon Chadwick, Professor of Sport & Geopolitical Economy, SKEMA Business School; Author/Editor, inter alia, “International Cases in The Business of Sport, The Business of the FIFA World Cup, & The Future of Motorsports: Business, Politics and Society” (Twitter: @Prof_Chadwick) Paris, France

MODERATOR

Hon. Delissa A. Ridgway, U.S. Court of International Trade, New York, New York

PROGRAM CHAIR

Daniel R. Cooper, Cooper & Kurz Stamford, CT


PROGRAM COSPONSORS

International Human Rights Committee
U.N. & International Organizations Committee
International Anti-Corruption Committee
International Anti-Money Laundering Committee
International Contracts Committee
International Criminal Law Committee
International Arbitration Committee
Women’s Interest Network
Sexual Orientation & Gender Identity Network
Seasoned Lawyers Interest Network
Latin America & Caribbean Committee
Canada Committee
Mexico Committee
Central/East Asia & China Committee
Northeast Asia, Japan and Korea Committee
South Asia/Oceania and India Committee
Eurasia Committee
Europe Committee
Africa Committee

Destruction and Displacement of the Maasai of Loliondo and Ngorongoro

During the April 2023 session of the UN Permanent Forum on Indigenous Issues, the Maasai of Loliondo and Ngorongoro petitioned the United Nations to ask the Government of Tanzania to stop a multitude of human rights abuses that are being committed in the name of “conservation.” 

In this webinar, we will focus on the current events in Tanzania beginning with the history of the land displacement the Maasai have faced. We will also evaluate the rule of law and the responses by courts to the evictions taking place in Tanzania. A recent report by Human Rights Watch indicates that gross human rights violations continue including retaliation against human rights defenders, destruction of cultural heritage, forced displacement, “sexual violence, nightly raids, and shootings into homes.”

Please join the International Criminal Law Committee of the American Bar Association International Law Section on May 16, 2023 at 11 am eastern time (NY) for a discussion with Joseph Moses Oleshangay, an advocate and human rights activist in Tanzania. Joseph works with the Legal and Human Rights Centre, the leading Human rights organization in Tanzania. The webinar will be moderated by Susan Schwartz, Co-Chair of the International Criminal Law Committee.

May 16, 2023

11 am EDT 

Register here:

https://us06web.zoom.us/webinar/register/WN_JhNChwlvT9CS2Y0psewxdw

ABA International Criminal Law Committee Quarterly Newsletter Issue 2 Now Available

A Word of Thanks

Dear Colleagues,

With the entirety of international criminal law falling within its remit, our Committee is never short of essential issues to cover. The first quarter of 2023 kept us exceptionally busy, and I am very thankful to my co-chairs, vice-chairs, and members for their efforts and contributions to the work we’ve accomplished so far. I also have deep gratitude to our expert guests who donated their time and knowledge by appearing as panelists on our webinars.

As we enter our second quarter (and prepare for the Section’s first all-analog Midyear Meeting in six years), I encourage everyone to stay involved, excited, and motivated. Remember that the American Bar Association, particularly the International Law Section, is a unique phenomenon in the world: it can influence change as nothing else can. Harnessing even a fragment of that power — and directing it in ways that can help improve the human experience on this planet — is the ultimate mission of the International Criminal Law Committee.

Timothy Franklin

Co-Chair, ICL Committee


IN THIS ISSUE

  • Section and Committee News
  • International and Hybrid Criminal Prosecutions
  • National Decisions
  • Policies and Initiatives
  • Enforcement
  • Fact Finding Missions
  • Restoration and Restitution
  • Public Calls

Download the PDF here.


PREVIOUS ISSUES OF THE NEWSLETTER:

30 OCTOBER 2021

31 JANUARY 2022

30 APRIL 2022

31 JULY 2022

8 JANUARY 2023

Examining Human Rights and International Crimes in Tibet

A new webinar from ICLC in partnership with the Global Alliance for Tibet & Persecuted Minorities

Wednesday, April 26, 2023 at 12:00 pm Eastern Time


In 1959 the International Commission of Jurists published its report “The Question of Tibet and the Rule of Law” documenting serious human rights violations and the policy of the People’s Republic of China in Tibet. In this groundbreaking report, the ICJ noted that the killing of Tibetans and forcible removal of Tibetan children — in addition to the destruction of the Tibetan religion and the nation itself — constituted violations of the 1948 Convention on Genocide

Unfortunately, despite seminal reports and commentary by Tibetan people and international lawyers throughout the decades, the Tibetan communities of 2023 face significant challenges in protecting their culture and identity as a result of policies imposed upon them by the leaders of the People’s Republic of China. This webinar will provide updates on the current situation involving human rights in Tibet and the rule of law. The speakers will focus on different areas and discuss, among other things, whether the International Commission of Jurists’ findings in 1959 remain pertinent and true today.

SPEAKERS:

Ms Tenzin Dechen is a registered lawyer under Bar Council of India and Tibetan Law and Custom Counsellor under Tibetan Supreme Justice Commission. She did her B.Com (Honors) from Shri Ram College of Commerce (SRCC ), University of Delhi and then she pursued LLB from Campus Law Centre, Faculty of Law, University of Delhi. After graduation, Ms. Tenzin Dechen joined Human Rights Law Network (HRLN) as a Junior Advocate and during her three-year tenure at HRLN, she worked on various initiatives of HRLN including cases of Women’s rights, Children’s rights, Prisoners rights, Housing rights, Reproductive rights and Health rights in the Supreme Court of India, High Court of Delhi , District Courts of Delhi and Juvenile Justice Board. During her tenure at the Human Rights Law Network, the “Legal Aid for Tibetan” initiative was formed. After her appointment as the General Secretary in 2019, Tenzin Dechen is currently serving as Senior Legal Counsel and President of the Tibetan Legal Association.

Dr. Gyal Lo received his PhD from the University of Toronto, and he taught at the Department of Tibetan Language and Culture at Northwest University for Nationalities for over a decade. He is the author of Social Structuration in Tibetan Society: Education, society, and spirituality (Lexington Books, 2016).  Born in Amdo, Tibet, or what China calls Gansu Province, Dr. Gyal Lo attended school in his home region and then did a Master’s Degree in Tibetan Language and Culture Department at Northwest University for Nationalities in Lanzhou, China. In 1995, he was appointed Assistant Professor in the same department, where he taught for the next decade and undertook extensive research into Tibetan education. After leaving to obtain a PhD in Educational Sociology at the University of Toronto, he returned to China but was refused employment at his former department due to political sensitivities over his time studying in the West. He was then appointed a full professor at the Yunnan Normal University Institute for Studies in Education from 2017-2020. In 2020, as the political climate changed,  Dr. Gyal Lo’s 5-year contract at Yunnan Normal University was terminated on the grounds that he was a foreign Tibetan with a western background and thus a potential political liability in an increasingly authoritarian China. Dr. Gyal Lo left China on December 31, 2020 and has decided not to return because it has become too risky to make a meaningful contribution to the field of Tibetan education, and in order to alert the international community to the dire threats posed to the collective well being of the Tibetan people and society and the survival of Tibet’s language, religion, and culture. 

Tenzin Dorjee is an Associate Professor at the Department of Human Communication Studies at California State University, Fullerton. His expertise is in intergroup communication and intercultural communication. He was recognized as both a Distinguished Faculty Marshall of the College of Communications and a Distinguished Faculty Member of his department in the spring of 2017. In December of 2016, at the nomination by the Honorable Speaker Nancy Pelosi, the U.S. House of Representatives appointed Dr. Dorjee to the U.S. Commission on International Religious Freedom (USCIRF) and in the second term, commissioners unanimously elected him as Chair of the USCIRF. He has over four decades of translation experience including translations for His Holiness the Dalai Lama. Dorjee also received numerous recognitions and awards for his outstanding teaching, research and scholarly creativity, and community service on and off campus. He co-authored with Stella Ting-Toomey (2019) Communicating Across Cultures (Second Edition) published by the Guilford Press, New York, U.S.A.

All are welcome to attend this free webinar. Register here:

https://us06web.zoom.us/webinar/register/WN_1TUtrH-dQW2kKbE-R51dFg

Defenders in India: Examining the Elgar Parishad Case

A webinar presented by the American Bar Association International Criminal Law Committee

March 2, 2023 at 11:00 am EDT/10:00 am CST/8:00 am Pacific

Watch a recording of the event on YouTube.

The Declaration on human rights defenders was adopted by consensus by the General Assembly in 1998 after 14 years of negotiations. Despite the Declaration, human rights and environmental defenders all over the world continue to suffer significant harm as a result of their efforts to raise awareness on significant issues in their communities and within their states. This webinar will present the significant challenges that human rights defenders face in India, specifically focusing on the arrest of 16 activists, which included lawyers, sometimes referred to as the “BK 16.”

The panelists will discuss the events leading up to the criminal charges, the criminal charges, and the significant evidentiary issues that have already been discovered, and why these cases are critical in India at this time and how they could become critical for the rights of defenders everywhere around the world.


Speakers:

Waris Hussain, Legal Advisor for South and Southeast Asia with the ABA Justice Defenders Program at the ABA Center for Human Rights.

Suchitra Vijayan, author of Midnight’s Borders: A People’s History of Modern India

Father Joe Xavier, Director of Indian Social Institute, Bengaluru

Dr. Jenny Rowena, Assistant Professor, Dept of English, Miranda House College, University of Delhi.