ICC Office of the Prosecutor Targets Slavery Crimes with Landmark Policy

By: Remy Kane

Impunity Watch News Staff Writer

THE HAGUE, The Netherlands – On March 19, the International Criminal Court (ICC) Office of the Prosecutor announced that a new Policy on Slavery Crimes is in the works. The policy will mark the first specific action taken by an international judicial institution to combat crimes of slavery. This reflects the ICC’s dedication to achieving justice for victims of such crimes and preventing the future commission of them.

 
Permanent premises of the International Criminal Court in The Hague, the Netherlands. | Photo courtesy of Human Rights Watch.
  

Modern slavery encompasses sex trafficking, forced labor, bonded labor or debt bondage, domestic servitude, and the unlawful recruitment and use of child soldiers. To quote Prosecutor Khan, “Slavery crimes are committed against an untold number of persons and populations, including child soldiers, persons forced to migrate or be trafficked, and persons detained, disappeared, or forced into marriage or labor that devolves into slavery.”

As of 2021, 49.6 million people were living in modern slavery per the International Labour Organization. Of those individuals, 27.6 million were subject to forced labor and 22 million were in forced marriages. Twelve percent of those in forced labor were children and more than half of these children were victims of commercial sexual exploitation. Child trafficking occurs in every country in the world and makes up a third of all human trafficking cases. Human trafficking and forced labor generate roughly $150 billion annually. These numbers are testimony to how slavery crimes are a grave and pressing issue.

The Policy on Slave Crimes will aim to take a survivor-centered, trauma-informed and gender-competent approach, and will be “rigorously implemented” once formulated, according to the Prosecutor. It will be in alignment with other recent policies tackling similar issues, including the 2022 Policy Paper on Gender Persecution, the 2023 Policy on Gender-Based Crimes, and the 2023 Policy on Children.

The Office of the Prosecutor has consulted survivor communities, civil society organizations, national authorities, international organizations, and other justice actors to help shape the Policy. To further aid in the process, the Office is also seeking input from the public. External experts are welcome to offer substantive comment on how the Policy can be best effectuated. Such comments will be accepted via email until April 30, 2024 (see more information about submissions on the ICC website, linked below).

For further information, please see:

ICC – Office of the Prosecutor Launches Public Consultation on Policy on Slavery Crimes – Mar. 19, 2014

ICC – Policy on Children – Dec 7, 2023

ICC – Policy on Gender-Based Crimes – Dec. 4, 2023

ICC – Policy on The Crime of Gender Persecution – Dec 7, 2022

International Labour Organization – Forced Labour, Modern Slavery and Human Trafficking – Sept. 12, 2022

Lexology – ICC Opens Consultation for New Policy in Slavery Crimes – Mar. 20, 2024

UNICEF – UNICEF and The Fight Against Child Trafficking – Nov. 9, 2022

 

 

 

 

ECtHR Rules that Turkey Violated Right to Freedom of Conscience in Cypriot Conscientious Objector Case

By: Gavin Gretsky

Impunity Watch News Staff Writer

STRASBOURG, France – On March 3, 2023, the European Court of Human Rights (ECtHR) issued a decision in the case of Kanatlı v. Türkiye, finding that Turkey violated European Convention on Human Rights (ECHR) Article 9 protections of freedom of thought, conscience, and religion. The violation stems from when Turkey brought criminal charges and punishment against a reservist who refused to comply with the annual mandatory one day of military service because he was a conscientious objector.

 
Members of the Turkish-Cypriot security forces participate in a military parade. | Photo courtesy of Daily Shabah.
  

The applicant in this case, Murat Kanatli, is a resident of the Turkish Republic of Northern Cyprus and was a member of the Turkish-Cypriot security forces in 2005 as part of the Military Service Act which imposed mandatory military service. Under the Military Service Act, following active-duty service Mr. Kanatli was expected to serve as a reservist by performing one day of military service in military barracks. Mr. Kanatli performed this duty for three years in 2006, 2007, and 2008.

Following his service is 2008, Mr. Kanatli became the Cypriot representative for the European Bureau for Conscientious Objectors and was elected to the executive committee of the organization in 2009. A conscientious objector is an individual who is opposed to serving in the armed forces and/or bearing arms on the grounds of either moral or religious principles. Mr. Kanatli then refused to serve his one day of mandatory military service in 2009 because of his pacifist and anti-militarist beliefs.

Because of this refusal, the military prosecutor’s office brought criminal proceedings against Mr. Kanatli. Mr. Kanatli challenged the constitutionality of the Military Services Act because it gave no substitute civilian service option for those opposed to compulsory military service. In 2013, the Supreme Military Administrative Court held that the Military Services Act was constitutional and imposed a fine of 167 Euros which could become a punishment of ten days imprisonment if there was a failure to pay. Mr. Kanatli refused to pay and served his ten days in jail. Mr. Kanatli also refused his annual military service in 2010 and 2011, resulting in two more criminal proceedings which were later dropped.

Mr. Kanatli filed his case against Turkey with the European Court of Human Rights in 2015, arguing that the mandatory military service without the option for civilian service as a substitute violated Article 9 of the ECHR. Specifically, Mr. Kanatli argued that the Military Service Act, and his convictions under the statute, violated Article 9 freedom of thought, conscience, and religion. The ECtHR stated that the freedom of conscience was unreservedly protected and was guaranteed by the ECHR. The Court held that Turkey did violate the ECHR because the legislation required military service but did not provide any provisions for conscientious objectors to perform an alternative service and only prescribed criminal proceedings for these individuals.

Because of this violation, the ECtHR declared that Turkey must pay Mr. Kanatli 9,000 Euros in damages and 2,363 Euros in costs and expenses.

For further information, please see:

Cyprus Mail- Turkey Fined Over Cypriot Conscientious Objector- 13 Mar. 2024

ECtHR – Convention Breached by Absence of Legislation Allowing Conscientious Objectors to Opt for Civilian Service as Alternate to Military Service- 12 Mar. 2024

Philenews- Turkey Breaches Rights of Cypriot Conscientious Objector: European Court – 13 Mar. 2024

Stockholm Center for Freedom – EctHR Faults Turkey for Violating Rights of Turkish Cypriot Conscientious Objector – 12 Mar. 2024

Turkish Minute – ECtHR faults Turkey for violating rights of Turkish Cypriot conscientious objector – 12 Mar. 2024

European Commission Passes Corporate Sustainability Due Diligence and Human Rights Law

By: D’Andre Gordon 

Impunity Watch News Staff Writer

BRUSSELS, Belgium – On February 23, 2022, the European Commission adopted a proposal to enact new supply chain legislation, known as the Corporate Sustainability Due Diligence Directive (CSDDD), which aims to increase “corporate sustainability due diligence,” reduce the environmental impact of corporate practices, and advance human rights.

 
A person holding a sign with a black background with white-colored lettering that reads “Justice is everybody’s business.” | Photo courtesy of Amnesty International.
  

The EU’s recent approval of the CSDDD is more than a legislative change; it’s a clarion call for economic systems worldwide to reckon with the legacies of exploitation embedded within them. This act, which challenges companies to transparently audit their supply chains for human rights abuses and environmental damage, introduces an ethical dimension to global commerce that holds corporations accountable beyond profit margins.

The directive marks a significant step in redressing the deep-seated imbalances created by a history of colonial practices, where the pursuit of profit too often trampled on the rights of native populations and the natural environment. However, it is crucial to address that the journey toward this legislative milestone was marked by critical discourses reflecting the delicate interplay between ambition and attainability.

Reports from ESG Today and Euronews reveal that the initial robust provisions of the CSDDD were met with political reservations, leading to a version that some consider being watered down. The adoption of the directive, though successful, emerged with raised thresholds for company inclusion and excised requirements that could have extended its reach significantly. Such compromises hint at the complexities and constraints intrinsic to policymaking within diverse political landscapes.

Despite these modifications, the legislative process has been met with measured optimism by watchdogs and social organizations, including Amnesty International, which sees the CSDDD as a vital first step in the right direction. It is an acknowledgment of the necessity for corporate accountability, but also a recognition of the directive’s present limitations. Their perspective serves as a reminder that the pursuit of justice and corporate responsibility is an evolving endeavor, requiring laws like the CSDDD to be living documents, amenable to future enhancements that might expand their scope and fortify their impact.

Other groups are making similar efforts. In Canada, Indigenous communities are engaging in a parallel, yet distinctive struggle, advocating for an economy that supports not just life, but a way of life reflecting their values. Researchers like Solen Roth have detailed the efforts of Northwest Coast artists in reclaiming the commodification of their cultural heritage. Their journey towards a market model that is both less colonial and more indigenous – emphasizing fair distribution and community benefit – mirrors the ethos behind the EU’s new directive.

For further information, please see:

Amnesty International – EU: New European business human rights law passes crucial vote – 15 Mar. 2024

DW – EU countries back new human rights supply chain law – 15 Mar. 2024

Euronews – EU Policy: Governments support stripped-down corporate due diligence law – 15 Mar. 2024

ESG Today – Watered-down Supply Chain Sustainability Due Diligence Law Passes First Hurdle in EU Parliament – 19 Mar. 2024

European Commission Database – Directive on Corporate Sustainability Due Diligence – European Commission – 23 Feb. 2022

University of Nebraska Press – Can Capitalism Be Decolonized? Recentering Indigenous Peoples Values and Ways of Life in the Canadian Art Market – 17 Mar. 2024

Greece Legalizes Same-Sex Marriage

By: Neha Chhablani

Visiting Impunity Watch News Writer

ATHENS, Greece – On February 15, 2024, the Greek parliament passed a landmark bill legalizing same-sex marriage and equal parental rights for same-sex couples. Despite strong opposition from the country’s Orthodox Church, 176 out of 300 Members of Parliament (MPs) voted in favor of the bill. Greece is the first Orthodox Christian country to adopt such legislation, marking a step forward for the LGBTQ+ community in Greece and beyond.

 
LGBTQ+ activists holding a Pride flag outside the Greek Parliament during the 2023 Athens Pride Parade | Photo courtesy of NPR.
  

Greece’s new bill, which allows same-sex parents to claim legal guardianship of their children and legalizes civil same-sex marriage, was proposed by Greece’s Prime Minister Kyriakos Mitsotakis. He cited the bill as reflective of the country’s new progressive and democratic identity.

Greece has been moving towards more inclusive LGBTQ+ policies for almost a decade. It has allowed civil same-sex unions since 2015, granted legal recognition of gender identity in 2017, and banned conversion therapy in 2022. However, this recent bill faced significant pushback from various quarters, with some parties vehemently opposed to the law while others criticized it for not being progressive enough.

The primary opposition to the bill came from Greece’s Orthodox Church, which views homosexuality as a sin. Additionally, far-right parties labeled the bill as “anti-Christian,” arguing that it conflicted with Greece’s national interests.

On the other hand, LGBTQ+ activists noted the bill’s failure to recognize gender identities beyond the binary and shortcomings in facilitating access to reproductive technology for same-sex couples. Syriza, a left-wing party, further critiqued the bill for not granting same-sex couples the ability to become parents through surrogacy.

Despite criticism from both ends of the political spectrum, the bill passed due to substantial backing by 4 left-wing parties (including Syriza, despite its reservations) and rare cross-party unity. With 74 MPs voting against, 2 abstaining, and 46 absent during the vote, the bill easily secured a simple majority.

In passing its marriage equality bill, Greece became the 16th country in the European Union and the 35th country in the world to legalize same-sex marriage. Despina Paraskeva, Amnesty International Greece’s Campaign Coordinator, highlighted the bill’s significance, stating “this law represents an important milestone in the fight against homophobia and transphobia and a hard-won victory for those who have led that fight. It gives same-sex couples and their children the visibility and rights that they have long been denied.”

As anti-LGBTQ+ legislation continues to be passed in countries around the world, Greece’s growing recognition of LGBTQ+ rights and the importance of freedom of expression deserves celebration and sets an example of inclusive policy-making for nations to emulate. 

For further information, please see:

Aljazeera – Greece first Orthodox Christian country to legalise same-sex marriage – 16 Feb. 2024

Amnesty International – Greece: Same-sex marriage recognition, key milestone in fight against homophobia and transphobia – 16 Feb. 2024

NBC News – Greece legalizes same-sex marriage in a first for an Orthodox Christian nation – 15 Feb. 2024

NPR – Greece legalizes same-sex marriage despite church opposition – 15 Feb. 2024

NPR – In Greece, same-sex couples await a landmark parliamentary vote on marriage equality – 14 Feb. 2024

Reuters – Greece legalises same sex marriage in landmark change – Feb 16. 2024

 

 

 

ICC to Hold First In Absentia Hearing Against Ugandan Rebel Leader

By: Tatiana Vaz
Journal of Global Rights and Organizations, Associate Articles Editor

THE HAGUE, Netherlands – On March 4, 2024, the International Criminal Court’s (ICC) Pre-Trial Chamber II issued a decision granting Prosecutor Karim Kham’s request to hold a confirmation hearing in the case against Joseph Kony in his absence, should he not appear, to commence on October 15, 2024. This is will be the ICC’s first in absentia hearing.

 
The International Criminal Court’s Headquarters at the Hague. | Photo courtesy of ICC.
  

Joseph Kony was the founder and leader of the Lord’s Resistance Army (“LRA”) in Uganda. The LRA is a Ugandan rebel group that currently operates in the border region of the Democratic Republic of the Congo (DRC), the Central African Republic (CAR), and South Sudan. The group was established by Kony in 1998 with the claim of resorting to the honor of his ethnic Acholi people and installing a government based on his vision of the Ten Commandments. From July 1, 2001, until December 31, 2005, the LRA, an organization within the meaning of Article 7 (2)(a) of the Rome Statue, carried out widespread and systematic attacks against the civil population of northern Uganda.

Joseph Kony is suspected of twelve counts of crimes against humanity including murder, enslavement, sexual enslavement, rape, and inhuman acts of inflicting serious bodily injury and suffering. He is also suspected of 21 counts of war crimes, including murder, cruel treatment of civilians, intentionally directing an attack against a civilian population, pillaging, including rape, and forced enlistment of children between the years of2003 and 2004. The ICC issued a warrant for Kony’s arrest in 2005. However, he remains at large and is the only remaining suspect.

The Rome Statute, which is the treaty that governs the ICC, allows for a confirmation hearing proceeding at the pre-trial stage in the absence of the suspect. The confirmation hearing is not a trial, but it allows the prosecutor the opportunity to outline their case before the court. The Pre- Trial Chamber II consists of Presiding Judge Rosario Salvatore Aitala, Judge Tomoko Akane, and Judge Sergio Gerardo Ugalde Godinez.

Following the receipt of documents containing the charges against Kony and the Registry report on its efforts to inform Kony on those charges, the Court found that all reasonable steps to inform Kony of the charges against him have been taken within the meaning of Article 61 (2)(b) of the Rome Statue. The Court decided that the confirmation of charges hearing is to be held in the absence of Kony, should he not appear, and will begin October 15, 2024.

The Court also stated that it would ensure Kony’s right to have adequate time and facilities for the preparation of his defense under Article 61 (1)(b) of the Rome Statue, and Rule 121 (1) of the Rules of Procedure and Evidence will be fulfilled. The ICC stressed this right in light of the fact that, should the Court definitively decide that there is a cause to authorize a confirmation of charges in Kony’s absence, counsel will have to be appointed to represent his rights and interests in the proceeding.

The Court also required that Counsel have sufficient time to prepare their case Kony’s absence. As a result, the Prosecution must provide the Court with information in terms of the evidence and witnesses they plan to call within four weeks of the notification of the present decision. The Court further instructed the Registry to commence the process of searching for counsel to represent Kony’s rights and interests during the confirmation process and confirmation hearing, should this take place in his absence. The Registry is instructed to report back on their progress within three weeks of the notification of this present decision, whom they will appoint in time for the Prosecution’s disclosure of witnesses and evidence they plan to present.

The ICC’s decision is most certainly a step in the right direction, as many affected communities in Uganda believed it was over and lost hope. The confirmation hearing provides many victims with the opportunity to finally have their voices heard. The ICC has also taken other steps for the victims affected. Earlier this year the ICC granted reparations of more than $56 million to the victims of one of the convicted commanders of the LRA. Victims include former child soldiers and children born as a result of rapes and forced pregnancies. The ICC is currently seeking more state and non-partner assistance to capture Kony.

For further information please see:

AP – ICC Awards $56 Million in Reparations to Thousands of Victims of Convicted Ugandan Rebel Commander – 28 Feb. 2024

AP – International Criminal Court to Hold First Ever in Absentia Hearing Over Ugandan Rebel Leader Kony – 4 Mar. 2024

Counterterrorism Guide – Lord’s Resistance Army (LRA) – ND

FIDH – Uganda and the ICC: Justice at Last? – 14 Feb. 2024

ICC – Information on the Kony Case – ND

The East African – ICC Prosecutor Seeks Support in Hunt for Ugandan Warlord Kony – 4 Feb. 2023

Reuters – ICC Allows in Absentia Hearings in Case against Ugandan Warlord Kony – 4 Mar. 2024