Connect with us

Human Rights

US sanctions against international court staff a ‘direct attack’ on judicial independence

Published

on

Many schools in Afghanistan have suffered the effects of long-term conflict. ©UNICEF/Marko Kokic

The decision by the United States to authorize sanctions targeting staff at the International Criminal Court (ICC) is “a direct attack to the institution’s judicial independence”, UN human rights experts said on Thursday.

Washington announced this month that it would launch an economic and legal offensive against ICC officials investigating alleged war crimes committed by all sides in the conflict in Afghanistan, including US troops.

“The implementation of such policies by the US has the sole aim of exerting pressure on an institution whose role is to seek justice against crimes of genocide, war crimes, crimes against humanity, and the crime of aggression”, said Diego García-Sayán, UN Special Rapporteur on the independence of judges and lawyers, speaking on behalf of the 34 experts.

“It’s a further step in pressuring the ICC and coercing its officials in the context of independent and objective investigations and impartial judicial proceedings.”

Afghanistan probe ‘important’

The ICC, which is based in The Hague, in the Netherlands, prosecutes the most serious crimes of concern to the international community, including cases related to conflict in the Central African Republic, Darfur and the Democratic Republic of the Congo.

It was established in July 1998 under a treaty known as the Rome Statute, which more than 120 countries have signed. The US is not a party.

The ICC’s Appeals Chambers authorized the Afghanistan probe in March, overturning an earlier decision.

Speaking at the time, Prosecutor Fatou Bensouda called it “an important day for the cause of justice in the situation of Afghanistan, for the Court, and for international criminal justice more broadly.”

Assets blocked, visas revoked

In response to the court’s decision, US President Donald Trump issued an Executive Order on 11 June, blocking the financial assets of certain ICC staff and imposing visa restrictions on them and their immediate family members.

Speaking at a press conference that day, US Attorney-General William Barr said the measures “are an important first step in holding the ICC accountable for exceeding its mandate and violating the sovereignty of the United States.”

The president of the body which overseesthe  ICC, O-Gon Kwon, has denounced the measures, stating “they undermine our common endeavour to fight impunity and to ensure accountability for mass atrocities.”

‘Broad spectrum’ of rights violated

The UN experts said sanctions targeting international judges and international civil servants violate their privileges and immunities, as well as “a broad spectrum” of rights.

Specifically, the Executive Order “would result in the violation of the prohibition of punishment for acts that did not constitute criminal offences at the moment of their commission, the right to a fair trial, the right to freedom of movement and the right to privacy and family life,” they added.

They also recalled that the US has warned it would “exact consequences” against the ICC for any “illegitimate” investigations into Israeli practices in the occupied Palestinian territory.

The experts, who are neither UN staff nor paid by the Organization, have been in contact with the US authorities on these issues.

Continue Reading
Comments

Human Rights

UN officials fear US terrorist designation will hasten famine in Yemen

Published

on

© UNICEF

Senior UN officials have expressed concern over the potential impact of the decision by the United States to designate Yemen’s Ansar Allah, more commonly known as the Houthi movement, a terrorist group, the Security Council heard on Thursday. 

Briefing the online meeting, UN Special Envoy Martin Griffiths said Yemen was going through dark times following a deadly attack last month on its newly-formed Cabinet, and with millions facing potential famine, but emphasized that peace is still possible. 

Mr. Griffiths condemned the 30 December attack at the airport in Aden, which targeted the Government officials who had just arrived from Saudi Arabia.  Dozens of civilians, aid workers and a journalist were also killed. 

“The attack cast a dark shadow over what should have been a moment of hope in the efforts to achieve peace in Yemen. The formation of the Cabinet and its return to Aden was a major milestone for the Riyadh Agreement and for the stability of state institutions, the economy, and the peace process”, he said

“The Government has launched an investigation into the Aden attack and has made its conclusions public earlier today that Ansar Allah was behind the attack.” 

‘Chilling effect’ on peace efforts 

For more than five years, Yemen has been mired in conflict between the internationally-recognized Government, which is backed by a Saudi-led coalition, and Houthi rebels. 

On Sunday, the United States announced it will designate the group a Foreign Terrorist Organization (FTO) under domestic law.  Mr. Griffiths expressed serious concern over this prospect. 

“We fear in my mission that there will be inevitably a chilling effect on my efforts to bring the parties together. We all hope to have absolute clarity on far-reaching exemptions to be able to carry out our duties”, he said. 

Yemen remains the world’s worst humanitarian crisis. Some 16 million people will go hungry this year, and 50,000 are already essentially starving to death, amid a shortfall in aid.  Preventing a massive famine is the most urgent priority, the UN Humanitarian Affairs chief and Emergency Coordinator told ambassadors. 

Yemenis stockpiling food 

Mark Lowcock called for the FTO designation to be reversed, which Mr. Griffiths also supported, outlining its potential impact on aid relief in a country that overwhelmingly relies on food imports.

He explained that humanitarian agencies provide food vouchers or cash to needy Yemenis so they can shop at markets. 

 “Aid agencies cannot, they simply cannot, replace the commercial import system,” he stressed.  “What this means is that what the commercial importers do is the single biggest determinant of life and death in Yemen.” 

Mr. Lowcock reported that Yemenis are already rushing to markets to stockpile food, while commercial traders fear the designation will affect their operations.   

“Some suppliers, banks, insurers and shippers are ringing up their Yemeni partners and saying they now plan to walk away from Yemen altogether”, he said.  “They say the risks are too high. They fear being accidentally or otherwise caught up in US regulatory action which would put them out of business or into jail.” 

Although the US plans to introduce licences so that some aid and imports can continue, the relief chief said further details will not be available until 19 January, the day the designation takes force. 

Reverse designation, or face catastrophe 

The head of the World Food Programme (WFP), David Beasley, gave a blunt assessment of the prospects, putting aside his prepared remarks to speak “heart-to-heart”. 

“We are struggling now without the designation. With the designation, it’s going to be catastrophic. It literally is going to be a death sentence to hundreds of thousands, if not millions, of innocent people in Yemen,” he said. 

Mr. Beasley, an American, also removed his “UN hat” for a moment, to speak about his engagement with Washington, which allocated $3.75 billion to WFP last year.  

“I’m very grateful for that”, he said. “But this designation, it needs to be re-assessed, it needs to be re-evaluated, and, quite frankly, it needs to be reversed.” 

Mr. Beasley added that Yemen is among several countries facing famine, and the COVID-19 pandemic has only exacerbated these crises. 

The WFP chief called for Gulf States “to pick up the humanitarian financial tab for this problem in Yemen”, and urged the Council and world leaders to apply pressure on the warring parties to end their fighting. 

 “I can assure you that Mark Lowcock and I will be before you pretty soon talking about other countries,” he said.  “And if we can’t solve this one – this is man-made completely – shame on us.”

Continue Reading

Human Rights

UNICEF: Closing schools should be ‘measure of last resort’

Published

on

Teachers and students wear face masks and maintain physical distance at a school in Cambodia. © UNICEF/Chansereypich Seng

The head of the UN Children’s Fund (UNICEF) underscored on Tuesday that “no effort should be spared” to keep children in school, as the coronavirus pandemic continues into a second year. 

“Despite overwhelming evidence of the impact of school closures on children, and despite increasing evidence that schools are not drivers of the pandemic, too many countries have opted to keep schools closed, some for nearly a year”, Henrietta Fore said in a statement

A high cost 

The UNICEF chief highlighted that the cost of closing schools has been devastating, with 90 per cent of students globally facing shutdowns at the peak of the COVID disruptions last year, leaving more than a third of schoolchildren with no access to remote education. 

“The number of out-of-school children is set to increase by 24 million, to a level we have not seen in years and have fought so hard to overcome”, she said. 

“Children’s ability to read, write and do basic math has suffered, and the skills they need to thrive in the 21st century economy have diminished”, Ms. Fore added. 

Closure a ‘last resort’ 

Keeping children at home puts their health, development, safety and well-being at risk – with the most vulnerable bearing the heaviest brunt, she said. 

She pointed out that without school meals, children are “left hungry and their nutrition is worsening”; without daily peer interactions and less mobility, they are “losing physical fitness and showing signs of mental distress”; and without the safety net that school often provides, they are “more vulnerable to abuse, child marriage and child labour”. 

“That’s why closing schools must be a measure of last resort, after all other options have been considered”, stressed the top UNICEF official. 

Evaluating local transmission 

Assessing transmission risks at the local level should be “a key determinant” in decisions on school operations, Ms. Fore said. 

She also flagged that nationwide school closures be avoided, whenever possible. 

“Where there are high levels of community transmission, where health systems are under extreme pressure and where closing schools is deemed inevitable, safeguarding measures must be put in place”, maintained the UNICEF chief. 

Moreover, it is important that children who are at risk of violence in their homes, who are reliant upon school meals and whose parents are essential workers, continue their education in classrooms. 

After lockdown restrictions are lifted, she said that schools must be among the first to reopen and catch-up classes should be prioritized to keep children who were unable to learn remotely from being left behind. 

“If children are faced with another year of school closures, the effects will be felt for generations to come”, said Ms. Fore.

Continue Reading

Human Rights

Humanitarians seek $1.3 billion to help millions in war-weary Afghanistan

Published

on

The UN and humanitarian partners in Afghanistan are seeking $1.3 billion to assist almost 16 million people in need of life-saving assistance as a result of decades of conflict, recurrent natural disasters, and the added impact of the continuing COVID-19 pandemic. 

The number of people targeted for assistance is over a six-fold increase compared to four years ago, when 2.3 million people were targeted for assistance, according to Stéphane Dujarric, spokesperson for the UN Secretary-General. 

The situation of children is particularly worrying. 

“It is projected that nearly one in two children under the age of five will face acute malnutrition this year,” Mr. Dujarric said on Monday. 

Hunger is “soaring” as people have lost their livelihoods, he added, noting that in 2021, nearly half of Afghanistan’s population will need humanitarian assistance to survive. 

People ‘increasingly desperate’ 

According to the UN Office for Coordination of Humanitarian Affairs (OCHA), across Afghanistan, about 18.4 million people are in need of assistance, a number that rose sharply last year with the outbreak of the coronavirus pandemic. 

“While enduringly resilient, people are increasingly desperate, resorting to debt and other more dangerous coping mechanisms to survive including marrying off their young daughters and sending their children to work,” Parvathy Ramaswami, Humanitarian Coordinator a.i. for Afghanistan, said in the foreword to a humanitarian response plan

The survival of the 15.7 million most vulnerable depends on humanitarians operating there receiving sufficient financial resources to deliver a response, she noted, adding that “the consequences of late or inadequate funding are very real.” 

The outlook for 2021 has worsened further due to significant unmet needs last year due to funding shortfalls and the acute focus on COVID-19, as well as the slow rollout of complementary development assistance, the response plan noted. 

‘Exhausted and hungry for peace’ 

Ms. Ramaswami went on to note that in spite of the bleak situation, there is “still cause for hope” with the start of the intra-Afghan negotiations.  

“After enduring decades of war, people are mentally exhausted and hungry for peace, yearning for an end to civilian deaths and suffering.” 

She also highlighted the need for a permanent ceasefire or a persistent reduction in violence, to allow humanitarians to assess the situation, especially in the hard to reach areas.  

“Until this much hoped for peace becomes a reality, the humanitarian community stands beside the people of Afghanistan during what surely must be one of the country’s difficult periods,” the UN official added, stressing “we all must do more, stretch higher, and do better to deliver life-saving assistance to those who need it most.” 

Continue Reading

Publications

Latest

Trending