Friday 18 December 2015

Report published on the sexual exploitation and abuse by peacekeeping forces in the Central African Republic

On 17 December 2015, the independent panel established to review the UN's response to allegations in spring 2014 that international troops serving in a peacekeeping mission in the Central African Republic had sexually abused a number of young children in exchange for food or money presented their findings to the UN Secretary-General.

The Report finds that the manner in which the UN agencies responded to the allegations was seriously flawed and that three UN official abused their authority. The Report included recommendations on improving the UN's response to sexual exploitation and abuse by peacekeepers.

The Report is available online here.

/ Sally
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Wednesday 16 December 2015

New publication on IHL and gender

At the ICRC's International Conference in Geneva last week, the Swedish Red Cross launched a book entitled "IHL and Gender - Swedish Experiences". This is a compilation of work produced as part of a working group on international humanitarian law and gender lead by the Swedish Red Cross.

Sally Longworth and Ola Engdahl contributed a chapter to the publication on the impact of incorporating a gender perspective in military operations on the implementation of IHL. Sally Longworth also wrote a chapter on the law of occupation and gender.

The book is available online here.

/ Sally
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Tuesday 1 December 2015

Sally Longworth speaking at event on UN Security Council Resolution 2242 at the Swedish Defence University

On 16 December, the Swedish Defence University will be holding an event on the background, content and significance of UN Security Council Resolution 2242. The event is hosted and organised by Martina Lindberg, FHS 1325-handläggare. Sally Longworth will be speaking on a panel together with Disa Kammars Larsson, Policy adviser on women, peace and security at Kvinna till Kvinna, Ola Saleh, Grants Manager MENA-regionen at Kvinna till Kvinna, and Elin Bjarnegård, Associate Professor at the Department for Peace and Conflict Research at Uppsala University.

The event will take place on 16 December 08:30-11:00 (coffee served from 08:20) in rooms 203 A+B at the Swedish Defence University on Drottning Kristinas Väg 37.

A preliminary agenda and registration is available on the Swedish Defence University's website here.


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Monday 30 November 2015

UI event with UN Special Envoy for Syria

Staffan de Mistura, photo from UN file photo/ Jean-Marc Ferre
On Friday 27 November, Utrikespolitiska Instituet hosted an event with the UN Special Envoy of the Secretary General for Syria, Staffan de Mistura, on the recent peace negotiations in Vienna. A recording of the event can be accessed here.

/ Sally
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Monday 23 November 2015

Action by the UN Security Council and the EU following the Paris and Beirut attacks

Both the EU and UN Security Council have taken action in wake of the recent terrorist attacks in Paris and Beirut last week.

France invoked Article 42(7) of the Treaty of the European Union at a meeting of the Council of the European Union on 16 and 17 November. The outcome of the meeting indicates that Member States expressed their unanimous support for the move and will provide aid and assistance through bilateral arrangements. This is the first time that the mutual assistance clause has been invoked.

On 20 November, the Security Council passed Resolution 2249. In unprecendented language, the Security Council called upon Member States "that have the capacity to do so to take all necessary measures, in compliance with international law, in particular with the United Nations Charter, as well as international human rights, refugee and humanitarian law, on the territory under the control of ISIL also known as Da’esh, in Syria and Iraq, to redouble and coordinate their efforts to prevent and suppress terrorist acts committed specifically by ISIL also known as Da’esh as well as ANF, and all other individuals, groups, undertakings, and entities associated with Al-Qaida, and other terrorist groups, as designated by the United Nations Security Council, and as may further be agreed by the International Syria Support Group (ISSG) and endorsed by the UN Security Council, pursuant to the statement of the International Syria Support Group (ISSG) of 14 November, and to eradicate the safe haven they have established over significant parts of Iraq and Syria". The full text of the Resolution together with statements of countries during the meeting is available here.

/ Sally




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Wednesday 11 November 2015

ICRC live streamed event on sexual violence in armed conflict

On 12 November 2015 1800-1930 the ICRC will be livestreaming an event on the underlying causes of sexual violence in armed conflict and prevention strategies. The event can be accessed here. Further details on panellists and background to the event are included on the ICRC's website.

/ Sally
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Monday 26 October 2015

Forthcoming lecture on gender violence and fact-finding during armed conflict

On 2 November at 1500 Associate Professor Dr Gus Waschefort will hold a lecture on gender violence and fact-finding during armed conflict for the International Law Centre at the Swedish Defence University.

The lecture will take place in room N204 at the Swedish Defence University on Drottning Kristinas väg 37. 

Gus Waschefort is an Associate Professor of international law at the University of South Africa and served previously as legal advisor to the United Nations Special Rapporteur on extrajudicial summary or arbitrary executions. His academic interest relates primarily to the intersect of international humanitarian law, international human rights law and international criminal law – to this end he places much emphasis on human rights fact-finding, and is known for his work on children in armed conflict.

/ Sally




                    

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Thursday 15 October 2015

New Security Council resolution on women, peace and security

On the fifteenth anniversary of UNSCR 1325, the Security Council passed a further resolution relating to women, peace and security.

Paragraph 1 of UNSCR 2242 (2015) focuses on women's meaningful participation in peace processes and decision making. The resolution follows the publication of a global study by UN Women on the implementation of UNSCR 1325, which highlights the important gains to be made by the greater empowerment of women in peacebuilding efforts.

Resolution 2242 (2015) can be accessed here.

/ Sally

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Monday 12 October 2015

Security Council authorises operations to tackle people smuggling of coast of Libya

On Friday 9 October, the UN Security Council authorised Member States, acting nationally or through regional organisations that are engaged in the fight against migrant smuggling and human trafficking, to inspect on the high seas off the coast of Libya vessels that they have reasonable grounds to suspect being used for migrant smuggling or human trafficking from Libya and to seize vessels confirmed as being used for such purposes. Acting under C.VII of the UN Charter, the Security Council authorised such action for a period of one year and the resolution was passed with 14 votes in favour, Venezuela abstaining.

The resolution notes the exceptional and specific circumstances present in the situation and was decided "with a view to saving the threatened lives of migrants or of victims of human trafficking".

The resolution also sets a number of requirements for Member States, including the requirement to make good faith efforts to obtain the consent of the vessel’s flag State prior to using the authority outlined in the resolution, to act in full compliance with international human rights law, to provide for the safety of persons on board as an utmost priority and to avoid causing harm to the marine environment or to the safety of navigation. The actions are also not applicable to vessels entitled to sovereign immunity under international law and the resolution underscores that the aim is to disrupt the organised criminal enterprises engaged in migrant smuggling and human trafficking and prevent loss of life. It is not intended to undermine the human rights of individuals or prevent them from seeking protection under international human rights law and international refugee law.

Members States are also called on to assist Libya, upon request in building needed capacity including to secure its borders and to prevent, investigate and prosecute acts of smuggling of migrants and human trafficking through its territory and in its territorial sea, and to cooperate with the Libyan Government, and with each other, including by sharing information about acts of migrant smuggling and human trafficking in Libya’s territorial sea and on the high seas off the coast of Libya, and rendering assistance to migrants and victims of human trafficking recovered at sea, in accordance with international law.

The full text of the resolution can be found here. The UN's press release is available here and background to the adoption of the resolution available here.

/ Sally


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Wednesday 30 September 2015

German court convicts rebel leaders for crimes in eastern DRC

On 28 September, a court in Stuttgart, Germany, sentenced Ignace Murwanashyaka, head of the Democratic Forces for the Liberation of Rwanda (FDLR), and his deputy Straton Musoni for war crimes committed between January 2008 and their arrest in November 2009 in eastern DRC. The two were convicted of crimes under the German Code of Crimes Against International Law, which implemented the Rome Statute of the International Criminal Court in German law. This was the first case to be tried under this legislation and took four years to complete. Murwanashyaka was sentenced to 13 years imprisonment and Musoni was given an eight-year sentence.

Further details can be found here in German and here in English.

/ Sally
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Wednesday 16 September 2015

OHCHR Report on Sri Lanka released

The UN Office of the High Commissioner for Human Rights released a report today on its investigation into breaches of human rights and international humanitarian law committed in the internal armed conflict in Sri Lanka.

The investigation identified patterns of grave violations between 2002 and 2011 strongly indicating war crimes and crimes against humanity having being committed by both sides of the armed conflict. The report recommends that a hybrid special court, integrating international judges, prosecutors, lawyers, and investigators, be established. Among the most serious crimes documented in the report are unlawful killings, sexual and gender-based violence, enforced disappearances, torture and other forms of cruel, inhuman or degrading treatment, recruitment of children and their use in hostilities, as well as abduction and forced recruitment of adults, attacks on civilians and civilian objects, denial of humanitarian assistance and violations during the detention of internally displaced people (IDPs) in closed camps.

The report is available online here. The OHCHR press release is available here.

/ Sally

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Friday 4 September 2015

New report from the Commission of Inquiry on Syria

On 3 September 2015 International Independent Commission of Inquiry on the Syria Arab Republic released their latest report. This particular report looks at the distinct impacts of the war on groups and communities of civilians inside Syria. It also provides an updated view of the military dynamics of the conflict.

The report is available online here. Previous reports and background information are available here.

/ Sally
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Thursday 3 September 2015

Upcoming Guest Lecture: Dr Rain Liivoja

The International Law Centre at the Swedish Defence University are very pleased to welcome Dr Rain Liivoja from the University of Melbourne to share his work in this exciting field which is also the subject of research at the centre.

Dr Rain Liivoja
Bioenhanced Soldiers and the Prohibition of Unnecessary Suffering


 
9 September 2015, 1500hrs
Rm 206A&B, Swedish Defence University, Drottning Kristinas väg 37


The 2012 movie The Bourne Legacy featured intelligence operatives who had been genetically engineered and pharmacologically tweaked for superior mental and physical performance. This is not as far-fetched as one might think: artificial enhancement, maintenance or restoration of human cognitive and physical performance is something actively pursued by advanced armed forces. This presentation seeks to examine bioenhancement in relation to the well-established rule of the law of armed conflict prohibiting the use of means and methods of warfare of a nature to cause superfluous injury or unnecessary suffering. If enhancement techniques produce more durable, pain- and fatigue-resistant soldiers, does that have an impact on what amounts to unnecessary suffering? Could enhanced soldiers be attacked using means and methods of warfare that would be prohibited otherwise? Would this lead to a different legal standard for weapons used against ordinary and enhanced soldiers?
 
Rain Liivoja is a Senior Lecturer and Society in Science – Branco Weiss Fellow at Melbourne Law School, where he co-directs the Programme on the Regulation of Emerging Military Technology (PREMT). Rain is also an Affiliated Research Fellow of the Erik Castrén Institute of International Law and Human Rights, University of Helsinki. His research focuses on the regulatory challenges associated with military applications of biosciences. Rain is a member of the Board of Directors of the International Society for Military Law and the Law of War, chair of the International Peace and Security Interest Group of the Australian and New Zealand Society of International Law, and a member of the Australian Red Cross International Humanitarian Law Committee (Victorian Division). Rain holds a doctorate in public international law from the University of Helsinki.

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Wednesday 2 September 2015

Jann Kleffner and Ola Engdahl at the Sanremo Institute's 38th Annual Round Table

Jann Kleffner and Ola Engdahl will both be participating in panels at the International Institute of Humanitarian Law's annual round table on current issues in international humanitarian law. This year the conference will be streamlined live, accessible here. The programme for the conference is available here.

The theme for this year's conference is "The Distinction between International and Non-International Armed Conflict: Challenges for IHL?" Ola will speak on peace support operations in a panel discussing whether current forms of armed conflict challenge categorisation on Thursday 3 September at 1400. Jann will be speaking on a panel discussing the convergence in the law governing international armed conflicts and non-international armed conflicts at 1630 on Friday 4 September, as well as a panel discussing humanitarian assistance at 0845 on Saturday 5 September.

/ Sally


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Monday 31 August 2015

Post summer update

The Folkrättscentrum is back after the summer vacation! This is our first post after the break, which coincides with the International Day of the Victims of Enforced Disappearances. Whilst we've been away, here's a few things that happened that might be of interest:
  • The Security Council passed a resolution establishing for one year a Joint Investigative Mechanism of the United Nations and the Organization for the Prohibition of Chemical Weapons (OPCW), which would identify “to the greatest extent feasible” individuals, entities, groups or Governments perpetrating, organizing, sponsoring or otherwise involved in the use of chemicals as weapons in Syria.
  • In related news, UNESCO’sDirector-General Irina Bokova condemned the destruction of the temple of Palmyra is a war crime. The Security Council was also briefed on the use of sexual violence in the conflicts in Iraq and Syria (background to which can be found here).
  • The Swedish government have published a new strategy on terrorism
  • A peace accord has been signed in South Sudan. There have been reports that violence continues after the ceasefire, however.
  • The UN High Commissioner for Human Rights published a report on impunity and accountability in Darfur for 2014 based on information received from the African Union-UN Hybrid Operation in Darfur 
  • Controversies and fresh allegations continue regarding accusations of sexual abuse by members of the UN peace mission in the Central African Republic. The Security Council had earlier in the month released a press statement on the sexual exploitation and abuse in CAR.
  • Serbia and Kosovo signed agreements furthering the normalisation of relations on energy, telecoms,establishment of the Association/Community of Serb majority municipalities and the Freedom of Movement/Mitrovica Bridge. 

/ Sally
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Friday 10 July 2015

The twentieth anniversary of Srebrenica

Saturday 10 July marks the twentieth anniversary of Srebrenica genocide. Memorial events will take place in remembrance of the victims, including a service to bury 136 newly-identified victims.

This week the UN Security Council considered a resolution marking the anniversary and honouring the victims. This resolution was vetoed by the Russian Federation, a permanent member of the Security Council.

Jan Eliasson. UN  File Photo/Kim Haughton
Jan Eliasson addressed the Council during its deliberations, summarising developments since the genocide in addressing international crimes and difficulties still faced by the UN today. The High Commissioner for Human Rights, Zeid Ra'ad Al Hussein, also briefed the Council via video teleconference from Geneva. A press release can be found here.

In 2007 the International Court of Justice handed down judgement in a case brought by Bosnia & Herzegovina against Serbia and Montenegro concerning alleged violations of the Genocide Convention 1948. The ICJ held that acts of killing and causing serious bodily harm or mental harm to the group of the Muslims of Bosnia and Herzegovina constituted acts of genocide. There have been numerous cases before the International Criminal Tribunal for the former Yugoslavia determining criminal responsibility for individuals involved in the events also, as well as proceedings before domestic courts in the Netherlands relating to the actions of Dutch peacekeepers. Background on the events and many of the international cases can be found here. An update on the most recent ruling by the Dutch courts can be found here.

The International Law Centre will be on a break for summer now, but will be back in August with more updates.

/ Sally








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Friday 3 July 2015

Watch the seminar "Gråzonen - normer för fred och krig i en ny säkerhetspolitisk situation i Europa"

As previously announced, the International Law Centre's Marika Ericson participated at Almedalen as an expert at the seminar "Gråzonen - normer för fred och krig i en ny säkerhetspolitisk situation i Europa" ("The grey zone - norms for peace and conflict in a new security policy situation in Europe"). The panel discussed hybrid operations, the applicable framework and what capabilities Sweden has to address the challenges presented by these operations.

Click below to watch the seminar (in Swedish).



/Marika
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Thursday 2 July 2015

Dr Ola Engdahl participated in the governmental inquiry "Criminal Law Provisions to Prevent Terrorism Travels"

Dr. Ola Engdahl, Associate Professor at the International Law Centre, has participated as an expert in international law in the governmental inquiry Straffrättsliga åtgärder mot terrorismresor ("criminal law provisions to prevent terrorism travels").  The inquiry handed its report to the Department of Justice on 17 June 2015. 

The task of the inquiry was to analyse if Sweden lives up to its obligations under United Nations Security Council Resolution 2178 (2014) to have in place criminal law provisions to prevent and combat terrorism. The inquiry also looked at determining whether Swedish criminal law met the obligations set out by the Financial Action Task Force (FATF) in combatting and preventing the financing of terrorism. 

The inquiry recommended, among other things, a new penal provision for terrorist travel in rekryteringslagen ("the Recruitment Act"). Under the new provision, it will be possible to sentence individuals who travel to a State other than their State of nationality with the intention of committing or preparing particularly serious crime or providing or receiving training for particular criminal activity, which includes terrorist offences. In other words, the travel with such intentions will become punishable. The inquiry also recommended that it will be punishable to receive terrorist training.  

The inquiry has received new directives from the Swedish government. Its tasks now include investigating the needs for further criminalisation to prevent and combat persons participating in armed conflicts in another State within the framework of a terrorist organisation. The findings shall be reported 23 June 2016.

/Ola
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Wednesday 24 June 2015

Report from the High-Level Independent Panel on UN Peacekeeping Operations

On 16 June 2015 the High-Level Independent Panel on United Nations Peace Operations presented its report to the UN Secretary General. The Panel was established by the Secretary General in October 2014 to make a comprehensive assessment of the state of UN peace operations today, and the emerging needs of the future. The report marks an important step in the review and reform of peace operations, coming 15 years after the Brahimi Report.

Ian Martin, a member of the High-Level Independent Panel, was the key note speaker at an event hosted by the United Nations Association of Sweden and the Swedish National Defence College’s International Law Centre on 2 February 2015 entitled "United Nations Peace Operations - Global Prospects and Local Challenges".

A copy of the report presented to the Secretary General is available here. A press release is available here.

/ Ola
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Monday 22 June 2015

Report from UN Independent Commission of Inquiry on the 2014 Gaza Conflict published

On 22 June 2015 the UN Independent Commission of Inquiry on the 2014 Gaza Conflict published its findings. The Commission of Inquiry was established by the Human Rights Council on 23 July 2014 in its resolution S-21/1 to "investigate all violations of international humanitarian law and international human rights law in the Occupied Palestinian Territory, including East Jerusalem, particularly in the occupied Gaza Strip, in the context of the military operations conducted since 13 June 2014, whether before, during or after, to establish the facts and circumstances of such violations and of the crimes perpetrated and to identify those responsible, to make recommendations, in particular on accountability measures, all with a view to avoiding and ending impunity and ensuring that those responsible are held accountable, and on ways and means to protect civilians against any further assaults, and to report to the Council at its twenty-eighth session."

The report can be downloaded here. Further information and documents relating to the Commission of Inquiry can be found here.

/ Sally
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Friday 5 June 2015

The International Law Centre's Jann Kleffner lectured at the University of Pretoria.

On May 21 and 22, Professor Jann Kleffer of the International Law Centre gave lectures on the topics "Organized Armed Groups under LOAC and IHRL" and "Implementation and Enforcement of LOAC and IHRL" in the postgraduate programme LLM "International Humanitarian Law and Human Rights in Military Operations" at the University of Pretoria.

The programme is the result of a three year-long (2011-2013) SIDA sponsored collaboration between the International Law Centre and the Institute for International and Comparative Law in Africa (ICLA) at the University of Pretoria.

/Jann
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The International Law Centre's Marika Ericson participates at Almedalen

The International Law Centre's Marika Ericson will participate as an expert at the seminar "Gråzonen - normer för fred och krig i en ny säkerhetspolitisk situation i Europa" ("The grey zone - norms for peace and conflict in a new security policy situation in Europe") at Almedalen. The panel will discuss what capabilities Sweden has to address the challenges presented by hybrid operations, and the applicable legal framework.

The seminar is arranged by the Swedish Defence University (SEDU), and will be held on 2 July 2015 at 10.30 - 11.15. Other experts from SEDU will participate, and Annika Nordgren Christensen will be the moderator.
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Swedish MoD presents new report on protective emblems in LOAC

During a hearing at the Swedish Ministry of Defence (MoD) on 27 May 2015 Dick Clomén from the Swedish Red Cross and Liv Bernitz from Swedish Ministry of Justice presented a report on the history of the protective emblems in law of armed conflict (LOAC) and the transformation of Additional Protocol III to the Geneva Conventions into Swedish Law.

The report is the most recent in a series of reports from the Swedish Total Defence Council for International Humanitarian Law (Totalförsvarets folkrättsråd), a body under the Swedish MoD which monitors, coordinate and develops LOAC for the Swedish defence agencies.

The Swedish proposal can be found here.


/Pontus
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Monday 1 June 2015

The UN High Commissioner for Human Rights urges states to investigate human rights violations by international forces in the CAR

The UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, issued a press release on Saturday 30 May 2015 stating that he had urged several states to intensify their efforts to investigate allegations that their forces in CAR may have committed very serious violations. These violations included killing civilians, summary executions, abductions and sexual exploitation of local women.

The UN High Commissioner said: “In the wake of the revelations of alleged serious sexual abuse of children, currently under investigation by the French authorities, my Office has taken a deeper look into these issues and the extent of the follow-up into alleged serious violations by soldiers belonging to several other international contingents operating under the MISCA umbrella in 2014- Some of these incidents have been at least partly investigated, and some States have apparently sanctioned some of the soldiers involved, but the fact that a number of foreign contingents may have been implicated is in itself a matter of enormous concern.”

Several incidents involving excessive use of force, enforced disappearances and sexual exploitation and violence were investigated by UN human rights officers on the ground and the International Commission of Inquiry on the Central African Republic. The findings were published in a report in December 2014. Although the report has resulted in some preliminary actions by states, the UN High Commissioner said that it is not sufficient, and the punishment must fit the crime. “There must be accountability for serious crimes, no matter who commits them.”
  

According to the UN High Commissioner the forces involved in these incidents were not operating under the UN flag; instead they were international contingents operating under the MISCA (Mission internationale de soutien à la Centrafrique  sous conduit, The African Union peacekeeping mission to the Central African Republic). 

/Jann
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Thursday 28 May 2015

New Security Council resolution on protection of journalist

The Security Councilhas passed a new resolution on the protection of journalists yesterday. Resolution 2222 (2015) builds on Resolution 1738, adopted on 23 December 2006, which is the only Council decision to specifically address the safety and protection of journalists, media professionals and associated personnel. The new resolution was adopted unanimously by the Council. The full text can be found here. Background on the drafting of the resolution can be found here.

In addition to the Council debate, an open debate and panel discussion was held open to all UN member states and civil society entitled "Protection of Journalists and Media Freedom - Key to Sustainable Future". The open debate was co-hosted by Lithuania and Latvia. Latvia currently holds the EU president presidency until 1 July 2015. The recording of the open debate is available here (note there are three parts). The concept note for the open debate circulated by Lithuania, the Council president in May 2015, is available here.

/ Sally
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Friday 22 May 2015

UK court decision on Iraqi civilians detention and transfer by UK forces

On 18 May 2015 the High Court of England and Wales handed down a decision on a preliminary issue relating to a number of claims in the ongoing litigation regarding treatment of Iraqi civilians detained by UK forces during the conflict 2003-2009.

The decision concerned a number of individuals who had initially been detained by UK forces and later transferred to the custody of US armed forces. They claim they suffered torture and other serious ill-treatment while detained by US forces and that the UK government is liable for that ill-treatment and for alleged unlawful detention after they were handed over. Their claim is based in part on the law of tort, a common law mechanism for claiming damages for harm suffered against a civil wrong. In the UK, the applicable law to determine that question would be Iraq law, as that is where the events occurred. As such, the court was asked to determine whether the UK Ministry of Defence would be liable under Iraqi law for the harm caused to the Iraqi civilians making the claim.

The court held that "if the claimants are able to prove that after being handed over by UK forces to the armed forces of the United States they were subjected to serious and deliberate ill-treatment by US soldiers, then, to establish that the defendant is jointly liable for their injuries under Iraqi law,...the claimants [would have to prove]: (a) an intention to facilitate the claimant's ill-treatment; or (b) actual foresight that the claimant might suffer such ill-treatment, coupled with failure to act in accordance with a legal duty to protect the claimant; or (c) contemplation and acceptance of the risk that transferring the claimant would facilitate his ill-treatment".

The full judgement can be found here. The claims will now be referred back to the courts for further hearings to make determinations on the merits of the claims involved.

There are hundreds of claims still pending before the courts brought by Iraqi civilians against the UK Ministry of Defence. The UK government established the Iraq Historic Allegations Team (IHAT) to review and investigate allegations of abuse of Iraqi civilians by UK armed forces personnel in Iraq during the period of 2003 to July 2009. The Grand Chamber of the European Court of Human Rights handed down a judgement (Hassan v UK) in September last year relating to a claim of an individual in similar circumstances, who was held in the same camp as the individuals in the UK court claim. In finding the UK had not violated Mr Hassan's rights, the Grand Chamber made important findings on the relation between the law of armed conflict and human rights law, grounds for detention and extraterritorial application of the Convention.

/ Sally





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Friday 8 May 2015

New guidelines on the right to review lawfulness of detention

The UN Working Group on Arbitrary Detention has adopted a new "Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of His or Her Liberty by Arrest or Detention to Bring Proceedings Before Court". The document provides a comprehensive review of the principles on the judicial review of the lawfulness of detention and includes recommendations and guidance for detention during armed conflict. The text has now been submitted to the Human Rights Council. Among other things, the principles set out that in non-international armed conflicts administrative detention or internment may only be permitted in the exceptional circumstance where public emergency is invoked to justify such detention and in accordance with the requirement for derogation from human rights obligations.

The full text of the principles was included in a press release available here.

/ Sally





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Thursday 7 May 2015

Update: UN Appeals Tribunal rules on suspension of whistleblower in CAR scandal

On Tuesday 5 May the UN Appeals Tribunal handed down its decision concerning the individual under investigation for leaking a confidential report detailing allegations of serious sexual assault against children by members of the peace mission in Central Africa Republic. The Tribunal ruled that the decision to suspend Anders Kompass on administrative leave was unlawful according to the UN's internal rules.

The judgement of the UN Appeals Tribunal can be found here.

In related news, French prosecutors announced they have launched an investigation into the allegations against the French armed forces personnel.

/ Sally
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Joint SIPRI and International Law Centre event to be held on autonomous weapons


The International Law Centre of the Swedish Defence University together with SIPRI invite you to a public lecture on 11 May:

Do we need new norms and new laws to control fully autonomous weapon systems?

Please note that you have to confirm your participation. Information on how to confirm will be found below.

To what extent does the increased automation and computerization of warfare challenge our interpretation of the law and its applicability, and possibly require revising existing law and or writing law anew? These questions are at the core of the current international debate on lethal autonomous weapon systems (LAWS) that is currently taking place under the framework of the 1981 United Nations Conventions on Certain Conventional Weapons (CCW). At present, experts, NGOs and states parties to the Convention, have very different interpretations as to whether LAWS—understood as weapons which could select and engage target independent of human control— could comply with international laws, or might require special regulations.

Dr Peter Asaro will present and discuss his most recent publication, ‘Jus Nascendi, Robotics Weapons and the Martens Clause’, in which he addresses specific reasons for establishing an international legal instrument to prohibit the use of lethal autonomous weapons systems. He will also present the legal framework and means by which new law could come into place for new robotics technologies, as well as the philosophical issues that arise in this process.

Featured Speaker
Dr Peter Asaro, Assistant Professor with the School of Media at the The New School, USA and Visiting Fellow with the Center for Information Technology Policy of Princeton University, USA. Dr Asaro is a philosopher of science, technology and media. His current research focuses on the social, cultural, political, legal and ethical dimensions of military robotics and UAVs (drones). He is a member of International Committee for Robot Arms Control (ICRAC) and the Campaign to Stop Killer Robots.

Moderators
Dr Heather Harrison Dinniss, Senior Lecturer in International Law, International Law Centre, Department of Security, Strategy and Leadership, Swedish Defence University. Her research focuses on the impact of modern warfare on international humanitarian law, in particular on cyber warfare, advanced and autonomous weapons systems.

Dr Vincent Boulanin, Researcher, Cybersecurity Project, European Security Programme Stockholm International Peace Research Institute. He works on issues related to the production, use and control of emerging military and security technologies.

Where and When
Monday 11 May 2015, 17.15-18.45 at Swedish Defence University,
Drottning Kristinas väg 37, Stockholm
Room: Sverigesalen

Please confirm your participation no later than Thursday, 7 May 2015 by sending an email with your name,  affiliation, and ID card number (required for entering the building) to Reint-Jan Groot Nuelend, grootnuelend@sipri.org.

For further questions please contact Dr Vincent Boulanin, + 46 76 628 6215, Boulanin@sipri.org

/Heather
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Tuesday 5 May 2015

The International Law Centre's Dr Harrison Dinniss on BBC: How scary is cyber warfare?

Senior lecturer Dr Heather Harrison Dinniss recently gave an interview to the BBC World Service radio programme "The Inquiry" on the topic 'Is cyber warfare really that scary?' Are the warnings of a cyber Pearl Harbour hype or reality? Four expert witnesses discussed the possibility of online attacks causing damage and death, and whether by focusing on these dramatic scenarios we might be missing the real threat.

You can listen to the interview here (link to the BBC website).

/Heather
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Thursday 30 April 2015

Controversy at UN over alleged sexual abuse by peacekeepers in CAR

The controversy over the leaked United Nations report detailing sexual abuse of children committed by French troops at the beginning of the MINUSCA mission in Central African Republic has grown since the story hit the headlines on Wednesday with the whistleblower being suspended and placed under investigation by the UN Office for Internal Oversight Services.

The whistleblower is a Swedish citizen. The Swedish government has issued a press statement on the matter.

Separately, the French authorities, who have jurisdiction to prosecute crimes committed by their troops in the mission, confirmed they are investigating 13 soldiers in connected with the allegations. According to reports on The Guardian, allegations that Chadian soldiers were also involved in the abuse are included in the leaked report.

/ Sally
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Wednesday 29 April 2015

Finland fires depth charges at suspected submarine

On 28 April Finland's military fired depth charges as a warning against a suspected submarine in waters near Helsinki.

This comes amid heightened tension in the area and follows a suspected submarine in Swedish waters in October 2014.

On 20 April Swedish press ran a story debating the legal framework for using armed force against submerged submarines during peace.

/ Sally






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Welcome to the International Law Centre's new blog!

Welcome, one and all, to a new blog authored by teachers and researchers based at the International Law Centre of the Swedish Defence University! We will be providing updates on recent developments in international law relevant to military operations, defence and security. We aim to provide a useful portal of information on current events in international law for students, teachers, researchers, practitioners and all others working in this field. Comments are always welcome at international.law.centre@fhs.se. You can find more information on the work of the International Law Centre can be found here.
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Swedish Red Cross report on violence against healthcare from a gender perspective

The Swedish Red Cross has published a new report examining violence against healthcare from a gender perspective. Examining the case studies of Colombia and Lebanon, the report contributes to the wider International Committee of the Red Cross project called Health Care in Danger which aims to improve security and delivery of impartial and efficient health care in armed conflict and other emergencies.

The Swedish Red Cross's report also adds to a greater understanding of the gender dimensions of implementing international humanitarian and human rights law obligations in armed conflicts. One of the recommendations included is to ensure a gender and diversity perspective is included in the implementation and fulfilment of obligations to provide health care under relevant international humanitarian law, international human rights law and domestic laws in order to give effect to the principle of non-discrimination.

You can download the report here. In social media: #ProtectHealthCare.

/ Sally
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Tuesday 28 April 2015

New bill on Swedish defence 2016-2020

On 24 April 2015 the Swedish Government presented its bill on the Swedish defence for the years 2016-2020. Emphasising the deteriorating security situation in Europe, the Government proposed a reinforcement of the defence economy with 10,2 billion Swedish crowns. It proposes amongst other things the establishment of a new battle group on the island Gotland, the reinstitution of the planning for a civil-military defence and a strengthening of the anti-submarine warfare capability.

You can download the proposal here

/Pontus
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Friday 24 April 2015

Central Africa Republic votes to create special criminal court

On Wednesday 22 April 2015 the National Transitional Council of the Central African Republic adopted a bill establishing a special criminal court to hold accountable those who committed crimes during the recent conflict in the country. The aim is to address impunity and contribute to the restoration of peace. The court will be made up of 27 judges including 14 from CAR. Read more here.


This follows a report by an international commission of inquiry established by the Security Council to investigate violations and abuses of international human rights and  humanitarian law in CAR which recommended establishing a tribunal to hold perpetrators of international crimes accountable.


/ Sally


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Tuesday 21 April 2015

Security Council press statement on Yarmouk Refugee Camp

On 20 April, the Members of the Security Council issued a press statement expressing their deep concern regarding the grave humanitarian situation in Yarmouk Refugee Camp in Syria. The Security Council called for unhindered access to the Camp and for the protection of civilians inside the camp, as well as underscored support for United Nations efforts to assist trapped Palestinian refugees in Yarmouk through a three-point plan. The plan includes:
  1. Providing assistance for civilians who are unwilling or unable to leave Yarmouk; 
  2. Assisting those who want to "temporarily relocate" from the camp to do so in accordance with international humanitarian law and with appropriate safeguards that they will be allowed to do so safely and freely; and 
  3. Assisting Yarmouk residents who have already fled.

The press statement goes on to demand that all parties cease attacks on civilians and comply with their international legal obligations and previous Security Council resolutions. The full press statement can be accessed here. Since the outbreak of fighting between the Houthis and presidential guard on 19 January, the Security Council has issued three Security Council resolutions addressing the situation, in addition to a presidential statement and two other press statements. The Security Council resolutions can be accessed here, here and here.

/ Sally
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Erika de Wet and Jann K. Kleffner release new book


New book of Erika de Wet and Jann K. Kleffner (eds), CONVERGENCE AND CONFLICTS OF HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW IN MILITARY OPERATIONS, Pretoria University Press (2014), 428 pages, ISBN: 978-1-920538-32-3

The book, which is the result of a three year-long SIDA sponsored collaboration between the International Law Centre and the Institute for International and Comparative Law in Africa (ICLA) at the University of Pretoria, has been published in February 2015.
For further information, see http://www.pulp.up.ac.za/cat_2014_15.html
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Friday 10 April 2015

Report on gendered misconceptions of militarized identities released

The Advanced Training Program on Humanitarian Action has released a new report on the impact of gendered misconceptions of militarized identities in the disarmament, demobilization and reintegration of female combatants in the Democratic Republic of Congo. 

The report can be accessed here: http://www.atha.se/thematicbrief/gendered-misconceptions-militarized-identities-disarmament-demobilization 

/Jann
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