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

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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.

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Substantial progress made in Vienna; sides focusing on Safeguards

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image source: Tehran Times

The third day of talks between experts from Iran and the EU centered around technical and legal matters regarding the Safeguards agreement between Iran and the International Atomic Energy Agency (IAEA).

Delegates from Iran, the EU and the U.S. resumed talks in Vienna on Thursday after nearly a five-month hiatus. This round of talks started on Thursday without the presence of nuclear negotiators from the European trio – Germany, France and Britain. Only experts from these three countries have attended the negotiations.  

Iran believes that any agreement on restoring the nuclear deal, officially called the Joint Comprehensive Plan of Action (JCPOA), is dependent on putting an end to unsubstantiated allegations about Iran’s past nuclear program. Iran insists that these questions had already been resolved within the PMD, when the nuclear deal was signed in July 2015.

According to reports, substantial progress has been made in bringing the views of Iran and the U.S. closer together during the last three days. However, in Tehran’s view nothing is resolved until everything is settled.

Behrouz Kamalvandi, the spokesman for the Atomic Energy Organization of Iran (AEOI), also confirmed on Saturday that talks are mainly focused on Safeguards issues.

“We are now negotiating,” Kamalvandi said of the talks between Iran’s nuclear experts with Mora.

On the atmosphere of the talks, he said, “It is not bad.”

Mohammad Marandi, a senior expert on nuclear issues, also told Al-Mayadeen TV that “progresses” have been made in Vienna, but one should be “cautious”. He argued the success of talks is 50 percent. Marandi said the differences remain only between Iran and the United States.

He added, “We have heard from certain European sources that the Americans have revived their views on certain issues.”

The Russian chief negotiator in the Vienna talks, Mikhail Ulyanov, also tweeted that there is “no unresolvable issue” on the table in the Vienna talks.

Source: Tehran Times

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Escalation of violence in Gaza

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Destruction in Gaza following an Israeli strike (file photo) UNOCHA/Mohammad Libed

The ongoing and serious escalation of violence in and around Gaza between Palestinian militants and Israel has claimed the lives of 13 Palestinians by Israeli airstrikes, including a 5-year-old child and one woman, informed Lynn Hastings, UN Humanitarian Coordinator in the territory.

In a statement published on Saturday, Ms. Hastings expressed her grave concern for the situation that has left more than 100 Palestinians injured, as well as 7 Israelis.

Residential areas in both Gaza and Israel have also been hit and 31 families in Gaza are now homeless.

“The humanitarian situation in Gaza is already dire and can only worsen with this most recent escalation.   The hostilities must stop to avoid more deaths and injuries of civilians in Gaza and Israel. The principles of international humanitarian law including those of distinction, precaution and proportionality must be respected by all parties”, she urged.

Basic services in danger

Ms. Hastings warned that fuel for the Gaza Power Plant is due to run out this Saturday and electricity has already been cut.

“The continued operation of basic service facilities such as hospitals, schools, warehouses, and designated shelters for internally displaced persons is essential and now at risk”, she cautioned.

The Humanitarian Coordinator added that movement and access of humanitarian personnel, for critical medical cases, and for essential goods, including food and fuel into Gaza, must not be impeded so that humanitarian needs can be met. 

She also underscored that Israeli authorities and Palestinian armed groups must immediately allow the United Nations and its humanitarian partners to bring in fuel, food, and medical supplies and to deploy humanitarian personnel in accordance with international principles.

“I reiterate the United Nations Special Coordinator’s appeal on all sides for an immediate de-escalation and halt to the violence, to avoid destructive ramifications, particularly for civilians”, Ms. Hastings concluded.

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Nuclear-free world is possible, test-ban treaty chief says

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Nuclear weapons will continue to pose a risk to humanity unless countries fully adhere to the treaty that prohibits their testing, a senior UN official said at a press conference in New York on Friday. 

Journalists were briefed by Robert Floyd, Executive Secretary of the body that oversees the Comprehensive Nuclear Test-Ban Treaty (CTBT), which opened for signature 25 years ago but has yet to enter into force because it requires ratification by a handful of key countries, which have nuclear capabilities. 

“Once in force, the CTBT will serve as an essential element of a nuclear weapons-free world. In order to achieve this world, we all aspire to, a universal and effectively verifiable prohibition on nuclear testing is a fundamental necessity,” he said. 

World at risk 

Mr. Floyd was speaking against the backdrop of the latest nuclear non-proliferation conference, which began this week at UN Headquarters after two years of pandemic-related delays. 

Countries are reviewing progress towards implementing the 50-year-old Treaty on the Non-Proliferation of Nuclear Weapons

At the opening on Monday, UN Secretary-General António Guterres warned that the world was “just one misunderstanding, one miscalculation, away from nuclear annihilation”

“Until we have full adherence to the CTBT, nuclear testing and the proliferation of nuclear weapons will continue to pose unacceptable risk to humanity,” said Mr. Floyd. 

Drop in testing 

The CTBT complements the non-proliferation treaty, said Mr. Floyd, and it has already made a difference in the world. 

“We’ve gone from over 2,000 nuclear tests conducted between 1945 and 1996, to fewer than 12 tests since the treaty opened for signature,” he said. “Only one country has tested this millennium.” 

The treaty has also received near-universal support. So far, 186 countries have signed the CTBT, and 174 have ratified it, four in the last six months alone.  

However, entry into force requires that the treaty must be signed and ratified by 44 specific nuclear technology holder countries, eight of which have yet to ratify it: China, Egypt, India, Iran, Israel, the Democratic People’s Republic of Korea, Pakistan and the United States. 

Asked about these countries, Mr. Floyd replied “they have their own calculus and strategic objectives and geopolitical considerations as to whether they feel free to move forward”, adding that they all support the CTBT and its objectives. 

Helping nations 

Mr. Floyd also reported on the activities of the organization that promotes the treaty, which he heads. 

The CTBTO, as it has known, has built a state-of-the-art verification system to detect nuclear explosions, capable of 24/7 monitoring.  

Staff also train inspectors from Member States so that they are ready to conduct on-site verifications once the treaty enters into force. Furthermore, countries use CTBTO data for civilian and scientific applications, such as tsunami warning systems and other university research. 

“Even without having entered into force, the CTBT is already helping to save lives in countries around the world,” said Mr. Floyd.  “Even those that have not yet ratified the treaty are benefiting from this global collaboration and technological expertise.” 

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