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	States must end impunity to break cycle of violence against human rights defenders by UNEP, Global Witness, agencies   Oct. 2019   The overwhelming majority of human rights violations committed against human rights defenders around the world remain unpunished, a UN human rights expert said, calling on States to fulfil their legal obligation to combat impunity.   "Unless impunity against defenders is seriously addressed and ended, the cycle of violence and other human right violations against them will continue, endangering the realisation of human rights for all," said Michel Forst, presenting his 6th report to the UN General Assembly.   Human rights defenders around the world are subjected to a wide range of violence, including killings, enforced disappearances, torture, arbitrary detentions, forced displacement, threats and attacks, both physical and online, committed by States and non-State actors, including armed and organised crime groups as well as businesses,.   Eradicating impunity for human rights abuses against defenders remains a challenge for all countries in the world, the Special Rapporteur said. Defenders face additional barriers to access to justice arising from the human rights activities they engage in.   "These additional barriers range from lack of political will and lack of State recognition as defenders, to negligent practice, limited resources and capacities of investigative bodies as well as failure to investigate the responsibility of intellectual authors and the influence of powerful groups," Forst said.   "While the prevailing impunity negatively affects defenders by preventing them from accessing justice, it also has an adverse impact on the movements they are affiliated with and on society as a whole, as it obstructs access to truth, and fails to prevent the recurrence of similar events. Impunity also aims to deter and silence others from defending rights."   The Special Rapporteur stressed that according to international human rights law, human rights defenders must have access to effective remedies to claim their rights and to obtain adequate reparation in cases of violations. In addition, States are legally obliged to investigate allegations of human rights violations in a prompt, thorough and effective manner.   Forst highlighted a number of principles which should guide States in tackling impunity for human rights violations against defenders. "The defence of human rights must be a key element of the investigative strategy," he said. All perpetrators, including those with intellectual responsibility, must be held accountable.   Further, the adoption of a differentiated and intersectional approach, recognising the diversity among defenders, is crucial in ensuring effective investigations.   "States must not only develop a policy of zero tolerance towards attacks on human rights defenders but must also create the conditions for establishing a safe environment that is conducive to human rights defence efforts. Combating impunity is indispensable for the creation of safe environments for the defence of human rights," Forst said.   http://www.ohchr.org/en/issues/srhrdefenders/pages/srhrdefendersindex.aspx   Aug. 2019   As threats to individuals and communities defending their environmental and land rights intensify in many parts of the world, the UN Environment Programme (UNEP) and the UN Human Rights Office have prioritised efforts to promote and protect environmental and human rights with the signing today of a new cooperation agreement.   The heads of the two UN bodies agreed that although more than 150 countries have recognised the human right to a healthy environment in their constitutions, national laws and jurisprudence, or through regional agreements, significantly more work is needed to inform policy-makers, justice institutions and the public on the various ways they can take action to uphold this right.   Strengthened cooperation between UNEP and the UN Human Rights Office will aim to drive better protection of environmental human rights defenders and their families, who frequently face violence - including killings and sexual violence, smear campaigns, and other forms of intimidation.   The partnership will also encourage greater acceptance by leaders and governments of the human right to a healthy environment pursuing efforts toward its global recognition. It will seek to increase support to national governments to promote human rights-based policies, particularly in terms of sustainable management of natural resources, development planning, and action to combat climate change.   The two organisations will now work more closely to monitor threats against environmental rights defenders; advocate for better protection; urge more effective accountability for perpetrators of violence and intimidation; develop networks of environmental human rights defenders and promote meaningful and informed participation by rights defenders and civil society in environmental decision-making.   'A healthy environment is vital to fulfilling our aspiration to ensure people everywhere live a life of dignity. We must curb the emerging trend of intimidation and criminalisation of land and environmental defenders, and the use of anti-protest and anti-terrorism laws to criminalise the exercise of rights that should be constitutionally protected', UNEP Executive Director Inger Andersen said at the signing in Geneva.   UNEP and the UN Human Rights Office are committed to bringing environmental protection closer to the people by assisting state and non-state actors to promote, protect and respect environmental and human rights. In doing so, we will move towards a more sustainable and just planet, she added.   "Our planet is being recklessly destroyed, and we urgently need stronger global partnerships to take action to save it," said UN High Commissioner for Human Rights Michelle Bachelet.   "We call on leaders and governments to recognise that climate change and environmental degradation severely undermine the human rights of their people, particularly those in vulnerable situations including the generations of tomorrow.   We encourage every State to develop and enforce national legal frameworks which uphold the clear linkages between a healthy environment and the ability to enjoy all other human rights, including the rights to health, water, food and even the right to life, she added.   We also strongly encourage greater recognition that the actions and advocacy of environmental human rights defenders are deeply beneficial to all societies. They must be better protected against the threat of violence and intimidation.   Reports suggest that more than three defenders were killed across the world every week in 2018. The latest death toll highlights the ongoing dangers facing those who are defending their environmental and human rights in the mining, logging, and farming sectors as well as other extractive industries. http://bit.ly/2ZfR6VL   July 2019   On average, three environmental defenders were murdered every week in 2018, reports Global Witness   Global Witness annual report on attacks against land and environmental defenders reveals that 164 were killed in 2018 on average more than three a week.   Mining was the biggest industry driver, with a number of brutal attacks also linked to hydropower, agribusiness and logging projects.   For the first time, the report highlights the use and abuse of laws and policies designed to criminalise and intimidate defenders, their families and the communities they represent with case studies from Guatemala, UK, Iran and the Philippines.   More than three people were killed in an average week last year defending their land and the environment from invasion by industries like mining, logging and agribusiness. Countless more were silenced through other tactics designed to crush protest, such as arrests, death threats, lawsuits and smear campaigns.   For the first time since Global Witness began documenting such killings, the Philippines recorded the highest death toll globally, with 30 victims. The sharpest increase in killings occurred in Guatemala, with more than five times as many in 2018 than in 2017.   Globally, the true number of killings was likely much higher, because cases are often not documented and rarely investigated. Reliable evidence is hard to find or verify.   Mining was the deadliest sector, causing 43 confirmed deaths. 2018 also saw a spike in killings linked to the defence of water sources globally, rising from four in 2017 to 17 in 2018. Among the suspected perpetrators were companies private security, state forces and contract killers, sometimes working in coalition.   This year, for the first time, Global Witness also sounds the alarm about the criminalisation of activists and their communities. Evidence from across continents shows that governments and companies are using countries courts and legal systems as instruments of oppression against those who threaten their power and interests.   This includes the misuse of existing laws designed to stop terrorists or protect national security, and the creation of new rules to outlaw protest or muzzle freedom of speech. This makes attacks on defenders seem legitimate, increasing their likelihood.   Much of the persecution of land and environmental defenders is being driven by demand for the land and raw materials needed for products we consume every day, from food, to mobile phones, to jewellery.   As detailed in Global Witness's report, for example, indigenous activists in the Philippines have faced death threats, been thrown in jail and had their homes demolished for opposing the use of their land to grow bananas for sale on global markets.   In Guatemala meanwhile, a boom in private and foreign investment has seen large swathes of land handed out to plantation, mining and hydropower companies, ushering in a wave of forced and violent evictions, particularly in indigenous areas. This has stirred fears of a return to the genocidal violence the country suffered 30 years ago.   The criminalisation of land and environmental defenders isn't confined to the Global South. In the UK, three anti-fracking protesters were handed draconian prison sentences in 2018 in a case that has stirred fears that the law is being used to shut down legitimate environmental activism.   This trend only looks set to worsen. While Global Witness report focuses on events in 2018, already the signs for this year are bleak as strongmen politicians around the world are stripping away environmental and human rights protections to promote business at any cost.   In Brazil, for example, President Jair Bolsonaro's recent pledge to open indigenous reserves for development has already prompted an influx of armed bands of land grabbers.   Meanwhile, US President Donald Trump's energy dominance agenda also foresees a number of deals that would see large tracts of native lands handed out to oil and gas companies at a time when US states are introducing new legislation to clamp down on protests.   Alice Harrison, Senior Campaigner at Global Witness, said: 'Vicious attacks against land and environmental defenders are still happening, despite growing momentum behind environmental movements the world over. As we hurtle towards climate breakdown, it has never been more important to stand with those who are trying to defend their land and our planet against the reckless destruction being meted out by the rich and powerful.   It is a brutal irony that while judicial systems routinely allow the killers of defenders to walk free, they are also being used to brand the activists themselves as terrorists, spies or dangerous criminals. Both tactics send a clear message to other activists: the stakes for defending their rights are punishingly high for them, their families and their communities'.   Victoria Tauli-Corpuz, United Nations Special Rapporteur on the rights of indigenous peoples: 'In March 2018, the Philippines government declared me a terrorist. This was in retaliation for me speaking out against indigenous rights violations in my home country. For months, I lived under threat, and could not safely return home. Although I have since been removed from the list, government officials continue to hurl false accusations at me.   This is a phenomenon seen around the world: land and environmental defenders are declared terrorists, locked up or hit with paralysing legal attacks, for defending their rights, or simply for living on lands that are coveted by others'.   Our main findings:   164 land and environmental defenders were reported killed in 2018, which averages out to more than three a week. Many more were attacked or jailed.   The countries with the highest overall number of recorded deaths were the Philippines (30), followed by Colombia (24), India (23) and Brazil (20).   The sharpest increase in murders came in Guatemala, with a fivefold rise in killings, making it one of the bloodiest countries per capita, with 16 deaths.   Mining was the deadliest sector, with 43 defenders killed protesting against the destructive effects of mineral extraction on people's land, livelihoods and the environment.   There was an escalation of killings of defenders struggling for the protection of water sources, rising from 4 in 2017 to 17 in 2018.   More than half of 2018 murders took place in Latin America, which has consistently ranked as the worst-affected continent since Global Witness began publishing data on killings in 2012.   Global Witness was able to link state security forces to 40 of the killings. Private actors like hitmen, criminal gangs and landowners were also the suspected aggressors in 40 deaths.   Criminalisation and aggressive civil cases are being used to stifle environmental activism and land rights defence right across the world, including in developed countries like the US and the UK.   * The number of people killed defending the environment has doubled in the past 15 years. Between 2002 and 2017, at least 1,558 people globally were killed while trying to defend land, forest, water or other natural resources from development.   Indigenous people are disproportionately represented among the dead, often defending land they lived on or relied on for resources, others killed included lawyers, journalists, rangers, community activists and leaders. The research, published in Nature, is based on figures from Global Witness: http://www.nature.com/articles/s41893-019-0349-4.epdf Visit the related web page
	21 years on, International Criminal Court needed more than ever by Coalition for the International Criminal Court   July 2019   Fighting for Global Justice: International Justice Day - Coalition for the International Criminal Court   International Justice Day (IJD) marks the historic adoption of the Rome Statute on 17 July 1998 by an overwhelming majority of countries and the subsequent establishment of the world's only permanent International Criminal Court (ICC) to hold individuals accountable for genocide, crimes against humanity, war crimes and the crime of aggression.   Significant progress has been made in the fight against impunity since the Rome Statute entered into force 17 years ago. International Justice Day serves as a reminder to the 122 states parties and civil society alike of their commitments to the ICC and the Rome Statute system (RSS), amplifies calls for universal ratification of the Statute, and bolsters support for other tools and mechanisms of international justice which make up the RSS.   In light of recent developments and decisions which have come out of the Court in the first half of 2019, not to mention external factors impacting the successful execution of its mandate, the ICC has been under immense scrutiny from both its supporters and its opponents. Despite this, the Court today remains the cornerstone of the system of international justice conceived in Rome, and members of the Coalition are doing their part to ensure this remains the case as the ICC enters its second decade of existence.   Across the globe, our members are championing the end of impunity, using a diverse set of tools: linking the work of the Court to the achievement of the UN's Sustainable Development Goal 16 and the 2030 Agenda; calling for a holistic review of the Court's performance in an effort to make it a more fair and effective institution; and pushing back against the dangerous spread of misinformation by factually informing the public narratives about the ICC.   On this International Justice Day, civil society comes together to remind everyone that despite the challenges in its way, it is our responsibility to ensure the effective delivery of justice and redress for victims of the gravest crimes.   Kirsten Meersschaert, Director of Programs, Coalition for the International Criminal Court   "In a geopolitical climate where states are retreating from multilateral initiatives and increasingly tending towards nationalism, it is all the more crucial to ensure that civilian populations do not fall victim to international crimes. Accountability is an important component of preventing violent conflict and is the only way to provide true redress to victims. States, the ICC, civil society, and people the world over must each do their part to ensure that the international justice system created by the Rome Statute 21 years ago lives up to its promise and ends the far too long-lasting history of impunity."   Marking the day, ICC President Judge Chile Eboe-Osuji stated: "There cannot be sustainable socio-economic development, where conflicts, atrocities and fear reign supreme. The fact that we have today a permanent International Criminal Court has changed the way the world looks at atrocities. The world expects accountability. Victims demand justice. The space for impunity for these atrocities is shrinking."   http://www.coalitionfortheicc.org/news/20190716/fighting-for-global-justice-ijd   July 2019   21 years on, International Criminal Court needed more than ever, by Marina Riera Rodoreda. (Human Rights Watch)   Twenty-one years ago today, 120 countries adopted the Rome Statute of the International Criminal Court (ICC), creating a permanent international court to hold perpetrators of the world's gravest crimes to account. The anniversary is a moment to reflect on the successes and challenges of bringing justice to victims over the past year.   With armed conflicts raging across the globe and devastating civilian populations, demand for accountability is growing. In Liberia, citizens and civil society groups are calling on President George Weah to support the creation of a war crimes court to provide justice for atrocities committed during the country's two civil wars.   In the Central African Republic, the Special Criminal Court has finally opened investigations into abuses committed during the years-long conflict there. Several prosecutors in Europe are investigating and bringing to trial atrocity crimes cases committed in countries such as Syria and Iraq, where the ICC has no jurisdiction. Some governments are also attempting to fill this gap by creating teams of independent investigators to examine crimes in Syria and Myanmar.   At the ICC, two suspects of grave crimes in the Central African Republic, Patrice Edouard Ngaissona and Alfred Y katom, were arrested and transferred to the court. Earlier this month, the ICC prosecutor filed a request to open an investigation into certain crimes against ethnic Rohingya arising from government atrocities in Myanmar.   Last week, ICC judges convicted Congolese warlord Bosco Ntaganda for war crimes and crimes against humanity, and began hearings for the confirmation of charges in the case against Al Hassan for crimes in northern Mali.   But there have also been serious setbacks for victims awaiting justice from the court. In January, ICC judges dismissed the case against former Ivorian president Laurent Gbagbo and the written reasons for the oral decision were only filed on July 16.   In April, judges rejected the prosecutor's request to open an investigation in Afghanistan on a problematic legal basis. In the face of evident shortcomings, the court needs to step up its performance.   The ICC is also facing unprecedented threats from the United States. In March, the Trump administration threatened visa bans on ICC staff if the court began investigating US nationals for alleged crimes in Afghanistan, and then proceeded to revoke the prosecutor's visa in April.   While challenges to securing accountability around the world persist, 21 years after the completion of the Rome Statute, the victims need for justice and an effective court are greater than ever.   http://www.hrw.org/news/2019/07/17/standing-victims-international-justice-day http://www.hrw.org/news/2019/07/24/central-african-republic-new-court-should-step-effort   8 July 2019 (UN News)   The International Criminal Court (ICC) on Monday, found former Congolese rebel leader Bosco Ntaganda guilty 'beyond reasonable doubt', of 18 counts of war crimes and crimes against humanity, in the volatile Ituri district of the Democratic Republic of the Congo (DRC), between 2002 and 2003.   The judgement was made during a public hearing in The Hague, Netherlands, after the Chamber reviewed all the evidence submitted during the trial, including documents and eye witness testimony.   Along with Mr. Ntaganda, the Union of Congolese Patriots (UPC) and its military wing, the Patriotic Force for the Liberation of Congo (FPLC), were found to be 'at all times involved in at least one non-international armed conflict' in the north-eastern DRC district.   While the evidence did not sustain a guilty verdict in all the instances outlined by the prosecutor, it did demonstrate in relation to each count, that at least part of each charge was proven 'beyond any reasonable doubt'.   Prosecutors considered him crucial in planning and running UCP and FPLC operations, and in the ruling, Judge Robert Fremr described the warlord as a "key leader" who gave orders to "target and kill civilians".   According to the judge, 102 witnesses gave testimony, including a woman whose throat was slit by members of his forces. The judges also ruled that Mr. Ntaganda had shot dead an elderly Catholic priest.   In one attack, fighters killed 49 captured people in a banana field behind a village using "sticks and batons as well as knives and machetes". Judge Fremr elaborated, saying that "men, women and children and babies were found in the field".   "Some bodies were found naked, some had hands tied up, some had their heads crushed", said Judge Fremr. "Several bodies were disembowelled or otherwise mutilated".   The Chamber found the commander directly liable for perpetrating acts of murder, as a crime against humanity and a war crime as well as bearing indirect responsibility in other instances.   A total of 2,129 victims were represented through legal counsel.   Bosco Ntaganda convicted of: Crimes against humanity - Murder; Attempted murder; Rape; Sexual slavery; Persecution; Forcible transfer   War crimes: Deportation; Murder; Attempted murder; Intentionally directing attacks against civilians; Rape; Sexual slavery; Ordering the displacement of civilians; Conscripting children under-15 into an armed group; Using children under-15 to participate actively in hostilities; Intentionally directing attacks against protected objects; Destroying the adversary's property.   http://news.un.org/en/story/2019/07/1042011   July 2019 (ICC News)   Today, 8 July 2019, Trial Chamber VI of the International Criminal Court (ICC) found Mr Bosco Ntaganda guilty, beyond reasonable doubt, of 18 counts of war crimes and crimes against humanity, committed in Ituri, Democratic Republic of the Congo (DRC), in 2002-2003.   Trial Chamber VI, composed of Judge Robert Fremr, Presiding Judge, Judge Kuniko Ozaki and Judge Chang-ho Chung, announced its judgment during a public hearing held in Courtroom I at the seat of the Court in The Hague (The Netherlands).   Findings: To make its decision, the Chamber reviewed all the evidence submitted during the trial, including documents, eye witnesses and insiders.   Trial Chamber VI found that the Union des Patriotes Congolais [Union of Congolese Patriots] (UPC) and its military wing, the Forces Patriotiques pour la Liberation du Congo [Patriotic Force for the Liberation of Congo] (FPLC), were at all times involved in at least one non-international armed conflict with an opposing party, in Ituri, district of the DRC from on or about 6 August 2002 to on or about 31 December 2003.   The conduct of the UPC/FPLC against the civilian population was the intended outcome of a preconceived strategy to target the civilian population, and the crimes committed took place pursuant to a policy of the UPC/FPLC. Mr Ntaganda fulfilled a very important military function in the UPC/FPLC.   In this context, the Chamber found Mr Ntaganda guilty of crimes against humanity (murder and attempted murder, rape, sexual slavery, persecution, forcible transfer and deportation) and war crimes (murder and attempted murder, intentionally directing attacks against civilians, rape, sexual slavery, ordering the displacement of the civilian population, conscripting and enlisting children under the age of 15 years into an armed group and using them to participate actively in hostilities, intentionally directing attacks against protected objects, and destroying the adversary's property).   While the evidence did not sustain all incidents indicated by the Prosecutor, it did demonstrate that in relation to each of the 18 counts at least part of the charges were proven beyond any reasonable doubt.   The Chamber has found that Mr Ntaganda was liable as a direct perpetrator for parts of the charges of three of the crimes, namely murder as a crime against humanity and a war crime and persecution as a crime against humanity, and was an indirect perpetrator for the other parts of these crimes. He was convicted as an indirect perpetrator for the remaining crimes.   Next steps: In order to determine Mr Ntaganda's sentence in this case, the Chamber will receive submissions from the parties and participants regarding the possible sentence, and will schedule a separate hearing, to receive evidence and address matters related to sentencing. Pending the decision on sentencing, Mr Ntaganda continues to be detained.   The parties (the Prosecution and Defence) may appeal the decision of conviction within thirty days. Issues related to the procedure for victims reparations will be addressed in due course.   Background on the trial: The trial of Mr Ntaganda opened on 2 September 2015 and closing statements from 28 to 30 August 2018.   Over the course of 248 hearings, the Chamber heard 80 witnesses and experts called by the Office of the ICC Prosecutor, Ms Fatou Bensouda, 19 witnesses called by the Defence team lead by Mr Stephane Bourgon and three witnesses called by the legal representatives of the victims participating in the proceedings, as well as five victims who presented their views and concerns.   A total of 2,129 victims, represented by their legal counsel, Ms Sarah Pellet and Mr Dmytro Suprun from the ICC Office for Public Counsel for the Victims, participated in the trial after having been authorised by the Chamber to do so.   The Trial Chamber issued 347 written decisions and 257 oral decisions during the trial phase. 1791 items were admitted into evidence. After the presentation of evidence, the Chamber received written closing submissions from the parties and the Legal Representatives of Victims; in total more than 1,400 pages. The total number of filings of the parties and participants and the Chamber's decisions is more than 2300 filings. http://bit.ly/2XAvONI   http://www.fidh.org/en/issues/international-justice/international-criminal-court-icc/ntaganda-found-guilty-a-day-of-joy-for-ituri-victims-a-day-of-hope http://www.hrw.org/news/2019/07/08/icc-congo-warlord-guilty-crimes-against-humanity Visit the related web page
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