By: Julia Wheeler 

Journal of Global Rights and Organizations and Impunity Watch News 

Medmoune v. France arises out of doctors’ decision to withdraw life-sustaining medical treatment from patient “A.M.”. This decision was made despite A.M.’s drawn up advance directives, which stated his wishes for the continuation of life-sustaining treatment, even in the case of permanent loss of consciousness and ability to communicate. This raises the legal question of whether this decision was a violation of Article 2 (right to life) of the European Convention on Human Rights. 

Background – Bruay-sur-l’Escault, France:  

In May of 2022, A.M., a 44-year-old male, was run over by a commercial vehicle that he was repairing. He suffered severe trauma, including cardiorespiratory arrest and prolonged oxygen deprivation. A.M. was admitted to the Valenciennes Hospital ICU, where it was determined that he no longer had brain-stem reflexes or brain activity and had sustained anoxic injuries.  

On May 31, 2022, pursuant to Article R. 4127-37-2 of the French Public Health Code, the hospital began its collective procedure, the process doctors follow when deciding whether to limit or withdraw treatment. On June 1, 2022, the doctors decided that treatment would be withdrawn on June 9, 2022. The applicants challenged this decision, and before the withdrawal date on June 8, 2022, the Lille Administration Court suspended it. Revisiting the decision on July 15, 2022, the head of the ICU again decided to withdraw treatment on July 22, 2022. The applicants again challenged this through an urgent application for protection of a fundamental freedom, which the Administrative Court dismissed on July 22, 2022.  

The applicants appealed to France’s highest administrative court, the Conseil d’État, seeking review of the constitutionality of the legal provision authorizing the hospital’s decision. The Constitutional Council upheld the constitutionality of the provision on November 10, 2022, and the Conseil d’État dismissed the applicants’ action. 

As a final recourse, the applicants requested an interim measure from the ECHR under Rule 39. They hoped to be granted a stay of execution of the July 15, 2022, decision, and continuation of treatment while their case was pending. The judge denied the applicants’ request. 

Treatment was withdrawn on December 26, 2022, and A.M. passed away that day.  

Applicants’ Claim/Argument 

The applicants claimed that A.M.’s right to life under Article 2 was violated, as was his right to respect for private life under Article 8, and his freedom of thought, conscience, and religion under Article 9 of the Convention. 

They criticized France’s Public Health Code for permitting doctors to override patients’ advance directives deemed “manifestly inappropriate,” arguing that this grants excessive discretion to doctors which in turn creates a risk of arbitrary interference with Convention rights.  

Decision 

The Court upheld the French legislation framework as compatible with Article 2. Under the Convention, States have the discretion to determine which factors to consider and how to weigh competing rights and interests. 

The Court acknowledged that the doctors were initially unaware of A.M.’s advance directives. After reviewing them, the medical team concluded that following the directives was not compatible with A.M.’s medical condition, and that continuing treatment would be considered “unreasonable obstinacy,” meaning it would provide the patient with no real benefit. The team also considered the family’s objections but decided that these could not override their medical judgment. The Court found that A.M.’s wishes were properly considered throughout the process. 

The Court found that the State had provided the applicants with prompt and reasonable judicial remedies, which considered various factors, such as medical evidence and A.M.’s advance directives. Therefore, the State has complied with its positive obligations under Article 2 of the Convention.  

The Court referenced prior rulings to reiterate that while Article 8 protects personal autonomy, it does not bind States to advance directives, as they may utilize their discretion. On this basis, the Court found the French framework compatible with Article 2. Further, the Court held that applicants’ Article 9 complaints were sufficiently addressed by its Article 2 analysis.  

Significance 

This case is the first before the ECHR where it involves not a patient’s advance directives to withdraw life-sustaining medical treatment, but their directives to continue the treatment.  

For further information, please see: 

ECHR  

Judgment Medmoune v. France – Press Release Issued by the Registrar of the Court  

Public Health Code: Article R. 4127-37-2  

ECHR Case Law 

By: Jocelyn Anctil 

Impunity Watch News Staff Writer 

NUEVA SAN SALVADOR, El Salvador – On October 6, 2025, the Inter-American Court of Human Rights received a submission to hear Case 12.787, Natividad de Jesús Ramírez and Family v. El Salvador. This case arises from the extrajudicial killings and forced disappearances of several Ramírez family members in 1982, after they were labeled subversive enemies during El Salvador’s civil war, when the military government targeted Catholic Church activists as communist threats. 

During El Salvador’s internal armed conflict (1980-1991), the Ramírez family was active in the Catholic Church which subjected them to raids, threats, arrests, and assaults by public state officers. In 1982, state forces killed Rufino and Teresa Ramírez, while five other family members, Natividad de Jesús Ramírez, Salvador Ramírez, José Elías Ramírez, Jorge Alberto Ramírez, and Guadalupe Roble, were forcibly disappeared and their whereabouts remain unknown today. 

Since then, the Ramírez family has made numerous efforts to find answers and bring justice to their family, including seeking assistance from the Attorney General of El Salvador and the Inter-American Commission. The Commission launched an investigation and concluded that El Salvador is responsible for violating multiple rights of the victims, including their right to life in Merits Report 150/23. The Merits Report was sent to El Salvador and after efforts to reach a settlement failed, the Commission submitted the case to the Court.  

The victims’ family wants the truth about what happened to their loved ones and accountability for their loss. They claim, and the Commission found, that El Salvador failed to investigate, preserve crime scenes, perform autopsies, or conduct effective searches. The Commission’s recommendations urge the Court to order El Salvador to investigate disappearances, identify remains, provide healthcare to relatives, pursue criminal investigations with gender perspective, and adopt non-recurrence measures like DNA databases and accession to the Inter-American Convention on Forced Disappearance of Persons. 

Although the Inter-American Court of Human Rights has yet to decide whether to accept the case, doing so would give the Court an opportunity to clarify the standards of investigation and specialized procedures required of each state when cases involve disappeared persons. 

This case represents the challenge of holding El Salvador’s government for what occurred during the civil war, during which an estimated 75,000 civilians were killed or forcibly disappeared, with 85% of violence committed by state forces according to the UN Truth Commission. El Salvador’s amnesty law, which blocked prosecution of civil war atrocities, was struck down by the Inter-American Court in 2012 and invalidated by El Savador’s Supreme Court in 2016. However, investigations into civil war crimes have remained stagnant with many cases still in impunity decades later. 

For Further Information Please See: 

Caso de ejecuciones extrajudiciales y desapariciones de la familia Ramírez es presentado ante la Corte IDH – VOCES Diario digital | El Salvador 

El Salvador: Tackling Impunity Past and Present – Inter-American Dialogue 

El Salvador – CJA 

IACHR takes to Inter-American Court case concerning extrajudicial killings and forced disappearances in El Salvador 

January 16, 2025 

By: Ethan Kassem, Journal of Global Rights and Organizations, Associate Articles Editor   

Individuals with disabilities have a legal right to participate in decisions that impact their lives according to international human rights law. Against that backdrop, states are generally required by the Convention on the Rights of Persons with Disabilities (CRPD) to actively and closely consult with individuals with disabilities along with the organizations that represent them when developing laws and policies that impact such individuals. Accordingly, Australia’s recent policy changes offer an increasing attempt at matching both national and international programs with evolving legal requirements for participation and inclusion.  

The Australian government announced a historic $50 million investment on December 3, 2025, aimed at bolstering disability rights throughout the Indo-Pacific area through its flagship program “Stronger Movements, Stronger Futures.” Despite the disproportionate number of individuals with disabilities residing in the Indo-Pacific, the announcement was made to coincide with the International Day of People with Disabilities, signifying both a symbolic and practical commitment at advancing equality and inclusion in an area where disability remains widely under-addressed in law, policy, and development practice.  

The initiative, which primarily aims to strengthen organizations led by individuals with disabilities by enabling their participation in national, regional, and international decision-making, represents the largest Australian international investment specifically dedicated to disability rights and equality. This initiative seeks to foster collaboration and peer-to-peer learning in order to build a stronger and more unified disability rights movement. Additionally, this policy aligns with the growing body of international human rights legislation concerning the participation and inclusion of individuals with disabilities.  

As part of this investment, Australia will partner with three leading organizations of people with disabilities: the International Disability Alliance, Pacific Disability Forum, and ASEAN Disability. Australian Minister for Foreign Affairs, Penny Wong, has gone on to state that this movement primarily seeks as a means of empowering individuals with disabilities to lead change, remove barriers, and create opportunities for full and equal participation in society. Australia has since placed a large emphasis on its commitment to removing barriers and creating opportunities for full participation in society nothing that inclusive societies demonstrate greater potential for both economic growth and social cohesion. 

Unlike prior disability-related funding, which sought to place a larger emphasis on support services, this initiative primarily seeks to invest in the infrastructure of the disability rights movements themselves. By funding disability-led organizations rather than what might be deemed a more “traditional” assistance program, this initiative serves as an effective means of strengthening the ability for individuals with disabilities to have a larger influence on government legislation while holding governments accountable. Australia’s initiative highlights the fact that disability rights are viewed as an essential feature of human rights governance and democratic participation, as opposed to an incidental social issue.  

For further information, please see:  

ADDC welcomes landmark investment to advance disability rights in the Indo-Pacific 

Australia invests $50 million to strengthen disability rights across the Indo-Pacific 

Australia Pledges $50M to Boost Indo-Pacific Disability Rights 

CBM Australia welcomes investment to bolster disability rights in the Indo-Pacific  

How institutional investment is reshaping specialist disability accommodation in Australia 

By: Mya DeJoseph  

Journal of Global Rights and Organizations, Associate Articles Editor  

THE HAGUE, Netherlands – Ali Muhammad Ali Abd-Al-Rhaman, also known as “Ali Kushayb,” was sentenced by the International Criminal Court (ICC) on December 9, 2025, to 20 years imprisonment. Back in October 2025, Abd-Al-Rahman was convicted of 27 counts of war crimes and crimes against humanity in connection to his involvement in events taking place in Darfur, Sudan between August 2003 and March 2004.  

Background  

In the early 2000s, conflict began between the Government of Sudan, backed by the Janjaweed militia, and Darfur rebel groups. During this time, Abd-Al-Rahman was a senior leader of the Janjaweed who conducted coordinated attacks in villages of Darfur whom the Janjaweed believed to be in support of the rebellion against the Government of Sudan.  

 After being charged with 31 counts in connection to war crimes and crimes against humanity between 2003 and 2004, Abd-Al-Rahman surrendered himself to the International Criminal Court in 2020. Following a trial taking place over a period of 2.5 years, Abd-Al-Rahman was found guilty of 27 charges relating to murder, sexually violent crimes, forcible transfer, pillaging, torture, and outrages upon personal dignity. He was found to have both given orders to the Janjaweed which led to these crimes, as well as being a direct perpetrator himself.   

 Sentencing  

In its sentencing procedures, the ICC has broad discretion and seeks to achieve aims of retribution and deterrence through its punishments. The sentence given must be proportional to the crime committed, appropriately reflect culpability of the defendant, and take into consideration all relevant circumstances, including the gravity of the crimes, aggravating factors, and mitigating factors.  

The Prosecution sought a joint sentence of life imprisonment, highlighting Abd-Al-Rahman’s deep involvement in the crimes, the profound impact of his crimes on the community, the cruelty of these crimes, and the defenseless victims. The Defense argued a life sentence to be inappropriate, urging Abd-Al-Rahman’s immediate release, or in the alternative a seven-year imprisonment sentence. In offering mitigation, the Defense submitted to the court that a life sentence for Abd-Al-Rahman would not be appropriate considering his age, personal circumstances, his degree of culpability, his lack of prior criminal history, and the fact that he voluntarily surrendered himself to the ICC.  

In sentencing Abd-Al-Rahman to 20 years imprisonment, the Chamber noted that the sentence would have been longer had the mitigation offered by the Defense not been accepted. The Chamber found this sentence to be appropriate considering the purposes of punishment, the victims’ harm and suffering, Abd-Al-Rahman’s good behavior while in detention, and his voluntary surrender. The Chamber also noted factual overlap between some of the crimes, which played a role in the sentencing determination.  

The time that Abd-Al-Rahman has already spent in detention, which began after his voluntary surrender and subsequent custody on June 9, 2020, will be accounted for as “time served” and will be deducted from his sentence.  

Significance 

This is the only trial that has taken place after the United Nations Security Council referred the Darfur situation in 2005 to the ICC, and conflict in the region is ongoing. Other individuals in Sudan are wanted by the ICC for their roles in genocide, war crimes, and crimes against humanity, including former President of Sudan Omar Al Bashir.  However, Abd-Al-Rahman’s conviction is regarded as a step forward and a sense of justice for those victimized by the Janjaweed.  

For further information, please see:  

Coalition for the International Criminal Court – Truth, Justice, and Dignity: Two decades on, justice reaches Darfur with the Abd-al Rahman conviction – Oct. 10, 2025 

Courthouse News Service – Darfur militia chief Ali Kushayb sentenced to 20-year prison term by ICC – Dec. 9, 2025 

Human Rights Watch – ICC Sentences Former Sudanese Militia Leader to 20 Years – Dec. 15, 2025 

Summary of Trial Chamber I’s Sentencing Judgement in the Case of The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman (‘Ali Kushayb’) – 9 Dec. 2025 

The International Criminal Court – Abd-Al-Rahman Case 

The International Criminal Court – Situation in Darfur, Sudan  

The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman (‘Ali Kushayb’), International Criminal Court, Trial Judgement – 6 Oct. 2025