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UN: Israel/Palestine war crimes probe ‘momentous step forward’

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A 12-year old girl walks home after school in Rafah, southern Gaza Strip, Palestine. UNICEF/Loulou d'Aki

An independent UN human rights expert hailed on Tuesday, the International Criminal Court’s (ICC) decision to consider a formal criminal investigation into allegations of war crimes in Palestine as a “momentous step forward in the quest for accountability” in the five-decade-long Israeli occupation.

“Accountability has, until now, been largely missing in action throughout the 52-year-old occupation,” said Michael Lynk, the Special Rapporteur for the situation of human rights in the Palestinian territory occupied since 1967.

On 20 December, ICC Prosecutor Fatou Bensouda announced that she was “satisfied that there is a reasonable basis to proceed with an investigation into the situation in Palestine”.

Mr. Lynk maintained that although the international community has adopted hundreds of UN resolutions condemning various features of “Israel’s entrenched occupation of the Palestinian territory…rarely has it ever combined criticism with consequences for Israel”.

“Now, the possibility of accountability is finally on the horizon”, the UN expert said.

Ms. Bensouda has spent the past five years reviewing the initial evidence as part of a preliminary investigation in the 2014 war on Gaza, the IsraeIi settlements and, more recently, the killing and wounding of Palestinian demonstrators near the Gaza frontier.

Territory confirmation

The ICC prosecutor said that before initiating a formal investigation, she would ask for a ruling by the Pre-Trial Chamber to confirm that the territory over which the Court may exercise its jurisdiction comprises the West Bank, including East Jerusalem, and Gaza.

“In a world that proclaims its devotion to human rights and a rules-based international order, it is vital that the international community defend the decision of the ICC Prosecutor to advance her investigation and to seek a favourable ruling from the Pre-Trial Chamber on the issue of territorial jurisdiction,” said the Special Rapporteur.

“International law must be the basis for seeking justice for the victims of war crimes in this interminable conflict, and the international community must resolutely support the laws and the institutions that it has created and nurtured.”

‘Justice delayed is justice denied’

The UN expert noted that the Prosecutor also intended to investigate whether members of Hamas and other Palestinian armed groups had committed war crimes in the period since June 2014.

“If the evidence gathered by the ICC Prosecutor leads her to make findings against these organizations, then her efforts must also be supported,” he continued, adding that the Rome Statute is meant to be applied “dispassionately”, as “the only way to build the necessary political and popular support for its mission.”

Addressing the long-standing concern about how slowly the wheels of justice have turned in this matter, Mr. Lynk urged that the Pre-Trial Chamber present and resolve territorial jurisdiction issue as expeditiously as possible.

“Justice delayed is justice denied”, he spelled out.

“Should the allegations of war crimes then proceed to the formal investigation stage, every effort must be made to advance the work of the Prosecutor’s office in a reasonably speedy manner consistent with legal fairness, so that the many victims of this conflict can realistically hope that justice might yet prevail within their lifetimes”, concluded the UN Special Rapporteur.

Special Rapporteurs and independent experts are appointed by the Geneva-based UN Human Rights Council to examine and report back on a specific human rights theme or a country situation. The positions are honorary and the experts are not UN staff, nor are they paid for their work.

Mr. Lynk was designated in 2016.

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Human Rights

ILO calls on Belarus President to respect workers’ rights and freedoms amid protests

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The Director-General of the International Labour Organization, Guy Ryder, has called on the President of Belarus, Alexander Lukashenko, to prevent human rights violations and “ensure full respect for workers’ rights and freedoms” during the wave of protests that have swept the country in recent weeks. 

In his letter to the Belarus President, Ryder urged President Lukashenko to release and drop charges against six trade unionists who have been detained by the authorities after participating in peaceful protests and industrial action.

He reminded the President that it is the responsibility of the Government to ensure a climate free from violence, threats or pressure against peacefully protesting workers and that any such allegations should be rapidly and independently investigated.

“I must urge you to do all in your power to prevent the occurrence of human rights violations and ensure full respect for workers’ rights and freedoms,” Ryder’s letter said.

He expressed his deep concern at reports coming out of Belarus on the arrest, detention, imprisonment and mistreatment of workers’ leaders.

‘No one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike or protest,’ Ryder wrote.

The letter recalls that the ILO has been working with the Belarus government, and the national workers’ and employers’ organizations, for 16 years, helping to address issues raised by an ILO Commission of Inquiry in 2004  which was set up following serious infringements of trade union rights and freedoms in the country.

Ryder notes that while there has been some progress on these issues, “the Commission’s recommendations are far from being fully implemented.”

The intervention by the ILO Director-General follows a request made by the International Trade Union Confederation (ITUC).

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Switzerland: Draft anti-terrorism law sets ‘dangerous precedent’

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A proposed new anti-terrorism law in Switzerland could set a dangerous precedent for the suppression of political dissent worldwide, a group of five independent UN human rights experts warned on Friday. 

The draft legislation, currently before the Swiss Parliament, expands the definition of terrorism and no longer requires the prospect of any crime at all, they said, in a plea for a last-minute reversal by legislators. 

‘Expansive’ definition of terrorism 

Citing international standards, the experts defined terrorism as the intimidation or coercion of populations or governments through violence that causes death or serious injury, or the taking of hostages. 

Under the bill, “terrorist activity” may encompass even lawful acts aimed at influencing or modifying the constitutional order, such as legitimate activities of journalists, civil society and political activists. 

“Expanding the definition of terrorism to any non-violent campaign involving the spreading of fear goes far beyond current Swiss domestic law and violates international standards”, said the experts, all of whom were appointed by the UN Human Rights Council

“This excessively expansive definition sets a dangerous precedent and risks serving as a model for authoritarian governments seeking to suppress political dissent including through torture and other cruel, inhuman or degrading treatment or punishment.” 

Other sections of the draft law have also raised concerns, such as those giving the federal police extensive authority to designate “potential terrorists” and to decide preventive measures against them.  

Expertise declined 

The rights experts had earlier written to the Swiss authorities, expressing their concerns about the incompatibility of the bill with human rights and international best practices in counter-terrorism.  However, no changes were implemented. 

 “While we recognize the serious security risks posed by terrorism, we very much regret that the Swiss authorities have declined this opportunity to benefit from our technical assistance and expertise on how to combine effective preventive measures with respect for human rights”, they said. 

 The experts called on Swiss parliamentarians to keep in mind their country’s traditionally strong commitment to human rights, urging them to reject a law which “is bound to become a serious stain on Switzerland’s otherwise strong human rights legacy.” 

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Burkina Faso: Over 535,000 children under five ‘acutely’ malnourished

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Members of family, who fled conflict, at their shelter in the Pissila camp for internally displaced persons in Burkina Faso. WFP/Marwa Awad

New data from UN Children’s Fund (UNICEF) has revealed worsening nutritional situation for children in Burkina Faso, with more than 535,000 children under the age of five suffering from acute malnutrition – an unprecedented level. 

Among them, some 156,500 children are “severely” malnourished, leaving them nine times more likely to die than well-nourished children, according to UNICEF

“The aggravating factors causing the nutritional situation of children to deteriorate are primarily linked to the displacement of populations due to insecurity, reduced access to livelihoods and reduced access to health care and nutrition,” said James Mugaju, UNICEF Deputy Representative in Burkina Faso.  

“The coronavirus pandemic has had a brutal impact on households and their ability to provide for the basic needs of their children. Children are paying the highest price, facing a triple crisis: security, health and food,” he added. 

Burkina Faso, a landlocked country in west Africa, has over one million internally displaced persons – 60 per cent of whom are children, and 3.3 million suffer from acute food insecurity.  

Worst affected regions 

According to the survey, the town of Gorom-Gorom in the Sahel region and the Barsalogho site for internally displaced persons in the Centre-Nord region are worst affected, where children under five suffering from global acute malnutrition recorded 18.4 per cent and 16.1 per cent, respectively. The figures exceed the World Health Organization (WHO) emergency threshold of 15 per cent.  

Equally alarming is the situation in Dori, Gorgadji, Bourzanga and Fada N’Gourma communes, all of which have a high prevalence of global acute malnutrition, ranging from 12.5 per cent to 13.6 per cent. Children in the Barsalogho, Kongoussi, Ouahigouya, Kaya and Matiacoali communes also have concerning prevalence rates of acute malnutrition, ranging from 8.6 per cent to 9.6 per cent.  

Areas where children are particularly affected by acute malnutrition are also those with the highest number of acutely food-insecure families, said UNICEF, calling for intensified efforts to ensure the continuity of nutrition services to provide an integrated package of prevention and treatment of malnutrition to reach the children in urgent need. 

“This is essential because good nutrition for children, from their first days and months, protects them from disease and infection, and helps them to recover when they fall ill,” said Mr. Mugaju.  

UNICEF response 

UNICEF and its partners have stepped up their response. Community health workers have been mobilized to travel to the most remote areas to screen and treat malnourished children at the community level, where they also provide advice on the best feeding practices for infants and young children, including in emergency situations.  

The UN agency is also supporting health authorities and is strengthening efforts to procure and deliver therapeutic foods, such as milk and ready-to-use therapeutic foods, to treat acute malnutrition. More than 52,600 cartons or about 737 tonnes of therapeutic food have been delivered to healthcare facilities and 51,685 children with severe acute malnutrition have been treated since January 2020. 

UNICEF Deputy Representative James Mugaju highlighted the importance of working together to support children.  

“Well-nourished girls and boys ensure good physical and cognitive development, which will give them equal opportunities to grow up fulfilled and reach their full potential,” he said. 

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