Japan High Courts Rule Same-Sex Marriage Ban Unconstitutional

By: Sarah Peck

Impunity Watch News Staff Writer

 

NAGOYA AND OSAKA, Japan – In March 2025, Japan’s Nagoya and Osaka High Courts issued landmark rulings declaring the country’s ban on same-sex marriage unconstitutional, marking significant progress in the nation’s marriage equality movement.

 

 
Gay Pride Parade in Tokyo. Photo Courtesy of Erika Lu.
  

 

The Nagoya High Court ruled on March 7, 2025, that the provisions of the Civil Code and the Family Register Law, which do not recognize same-sex marriages, violate the constitutional guarantee of equality under Article 14. Presiding Judge Nobuhiro Katada stated that excluding same-sex couples from legal marriage lacks a reasonable basis and constitutes unlawful discrimination. The court emphasized that same-sex couples are equally capable of forming lasting psychological connections and that denying them marriage rights can lead to serious issues, particularly for children raised by such couples. Despite this, the court did not find the government liable for compensation, citing the recent and rapidly increasing awareness of the need to legalize same-sex marriage.

Shortly thereafter, on March 25, 2025, the Osaka High Court held that Japan’s lack of recognition of same-sex marriage is unconstitutional. Presiding Judge Kumiko Honda ruled that the Civil Code and Family Register Act provisions violate the right to equality as set out in Article 14 of the Constitution. While upholding the lower court’s decision not to award damages, the court recognized that the marriage ban breaches constitutional rights.

These rulings represent the fourth and fifth high court decisions in Japan declaring the same-sex marriage ban unconstitutional, following similar judgments from the Sapporo, Tokyo, and Fukuoka High Courts. Despite growing judicial consensus, the Japanese government has been slow to respond, and legislative action remains conspicuously absent. Chief Cabinet Secretary Yoshimasa Hayashi stated that the government will monitor pending lawsuits and public opinion.

Advocacy groups and plaintiffs have expressed frustration over the lack of legislative action, emphasizing that the overwhelming number of court victories should prompt the government to act swiftly in legalizing same-sex marriage. Public support for marriage equality has been growing, with surveys indicating increasing acceptance of same-sex marriage among Japanese citizens.  

These rulings underscore a significant shift in Japan’s legal landscape concerning LGBTQ+ rights. The outcomes of these cases may influence future deliberations in Japan’s Supreme Court and potentially prompt legislative changes to ensure marriage equality. As Japan’s legal institutions increasingly affirm marriage equality, the pressure mounts on lawmakers to translate these rulings into lasting legislative reform—both for Japan’s LGBTQ+ citizens and as a signal to its neighbors in East Asia.

 

For further information, please see:

The Asahi Shimbun – 4th high court rules same-sex marriage ban unconstitutional – 7 Mar. 2025

The Asahi Shimbun – Osaka High Court rules gay marriage ban unconstitutional – 25 Mar. 2025

AP News – Japan’s refusal to recognize same-sex marriage in law is unconstitutional, a court finds – 7 Mar. 2025

The Nation – Another Japanese court rules same-sex marriage ban unconstitutional – 25 Mar. 2025



No One Above the Law: President Duterte’s ICC Arrest Breaks Global Ground

By: Lela Lanier 

Associate Articles Editor

 

THE HAGUE, Netherlands—On March 11, 2025, former Philippine President Rodrigo Roa Duterte was arrested in Manila and transferred to the International Criminal Court (ICC) in The Hague. The ICC issued a warrant for Duterte’s arrest for crimes against humanity, including murder, torture, and rape, committed during his presidency. His arrest is a landmark moment for human rights and justice, signaling that impunity for mass atrocities is no longer a given.

 
Pre-Trial Chamber I Judges, in the initial appearance of former President of the Philippines Rodrigo Roa Duterte. Photo Courtesy of ICC-CPI.
  

Rodrigo Duterte, who served as President of the Philippines from 2016 to 2022, was infamous for his brutal “war on drugs.” Under his leadership, thousands of suspected drug offenders—many of whom were never given due process—were executed extrajudicially. Human rights groups estimate the death toll to be between 6,300 and 30,000, with the poor disproportionately affected. Prior to his presidency, as Mayor of Davao City, Duterte allegedly orchestrated the Davao Death Squad (“DDS”), a vigilante group responsible for at least 1,400 killings. His tenure was marked by his open endorsement of violence, promising to kill criminals and drug users rather than subject them to trial. Despite withdrawing the Philippines from the ICC in 2018, the court-maintained jurisdiction over crimes committed while the country was still a member.

The ICC issued Duterte’s arrest warrant under Article 58(1) of the Rome Statute, which requires reasonable grounds to believe a suspect committed crimes within the court’s jurisdiction and that arrest is necessary. The prosecution established that crimes against humanity, including systematic extrajudicial killings, fall under the jurisdiction of the ICC. Duterte’s leadership of the Davao Death Squad and Philippine law enforcement, along with his public directives to kill drug suspects, provided compelling evidence for his arrest. Testimonies from former police officers and victims’ families further substantiated these claims. Given Duterte’s extensive influence in the Philippines and his previous refusal to cooperate with the ICC, his arrest was deemed necessary to prevent obstruction of justice and to ensure the protection of witnesses.

The ICC Pre-Trial Chamber ruled that Duterte’s arrest was warranted, citing the gravity of his alleged crimes and the absence of any expectation that he would voluntarily appear before the court. The decision reaffirmed the fundamental principle of equal protection under the law—no individual, regardless of status, should be above justice.

Duterte’s arrest carries profound implications. The Philippines has become only the second country in history to arrest and transfer a former head of state to the ICC, setting a significant global precedent. For the thousands of victims denied due process—and for their grieving families—this moment offers renewed hope that justice is possible. More broadly, Duterte’s arrest sends a clear warning to other world leaders with outstanding ICC warrants, including Russia’s Vladimir Putin, Israel’s Benjamin Netanyahu, and Sudan’s Omar Al-Bashir: international justice is slow, but it is relentless.

Duterte’s fall marks a turning point in the fight against impunity. His victims were denied their right to life and due process, but his arrest proves that the rule of law can still prevail.

 

For further information, please see: 

Brookings—Why did the Philippines turn over its former president to the ICC? —1 Apr. 2025

ICC—Rodrigo Roa Duterte makes first appearance before the ICC: confirmation of charges hearing scheduled for 23 September 2025—14 Mar. 2025 

ICC—Situation in the Philippines: Rodrigo Roa Duterte in ICC custody—12 Mar. 2025

ICC—Statement of the ICC Office of the Prosecutor on the arrest of former Philippine President Rodrigo Roa Duterte—12 Mar. 2025

ICC—Warrant of Arrest for Mr. Rodrigo Roa Duterte—7 Mar. 2025 

New Lines Magazine—Duterte’s Arrest Sparks a Reckoning in the Philippines—2, Apr. 2025   

Caribbean Court of Justice and UNESCO Partner to Strengthen Freedom of Expression

By: Sarah Peck

Impunity Watch News Staff Writer

 

PORT OF SPAIN, Trinidad and Tobago – In a landmark move to bolster press freedom and human rights across the Caribbean, the Caribbean Court of Justice (CCJ) and the United Nations Educational, Scientific and Cultural Organization (UNESCO) have formalized a partnership aimed at enhancing freedom of expression, access to information, and the safety of journalists. The agreement, signed in October 2024, underscores a commitment to upholding Article 19 of the Universal Declaration of Human Rights, which guarantees the right to seek, receive, and impart information.

 
Photo of UNESCO and CCJ members holding the signed Memorandum of Understanding. Photo Courtesy of the CCJ.
 

The Caribbean region has faced persistent challenges regarding press freedom, including threats against journalists, restrictive defamation laws, and government-imposed censorship. In recent years, journalists in countries such as Guyana, Trinidad and Tobago, and Jamaica have faced harassment and intimidation for covering sensitive topics such as corruption and organized crime. For example, in 2022, Guyanese journalist Glenn Lall, the publisher of Kaieteur News, faced legal threats and alleged government pressure for his investigative reporting on oil contracts. Similarly, in 2014, Trinidadian investigative journalist Mark Bassant had to go into hiding due to death threats linked to his reporting on drug trafficking networks. Additionally, restrictive defamation laws in the region, such as the controversial criminal libel laws in Grenada and Antigua and Barbuda, have historically been used to silence critical voices in the media. In some cases, governments have imposed censorship measures, such as suspending broadcast licenses or restricting access to certain publications, further limiting press freedom.

While the CCJ has long been regarded as a guardian of constitutional rights, this new collaboration signals an increased judicial commitment to protecting journalists and fostering transparency. UNESCO’s involvement brings a wealth of resources and expertise in media development, training programs, and policy advocacy. By working together, the CCJ and UNESCO seek to create an environment where journalists can operate freely without fear of persecution. This initiative aligns with global efforts to combat disinformation, promote access to justice, and safeguard democratic institutions.

As the final appellate court for several Caribbean nations, the CCJ plays a crucial role in interpreting constitutional provisions related to freedom of speech and the press. The court has historically ruled on defamation cases and media restrictions, balancing national security concerns with fundamental human rights. This partnership is expected to enhance judicial training and legal frameworks that support media independence.

One of the key components of this initiative is capacity-building among legal professionals. Judges, lawyers, and policymakers will receive training on international standards related to freedom of expression, ensuring that future rulings reflect best practices in human rights law. Additionally, efforts will be made to revise outdated laws that stifle press freedom, such as criminal defamation statutes, which have been used to silence dissent.

For journalists operating in the Caribbean, this partnership represents a potential turning point. Investigative reporters and independent media organizations have often faced legal intimidation, harassment, and physical threats for exposing corruption and human rights abuses. The collaboration between UNESCO and the CCJ is expected to provide journalists with stronger legal protections and recourse when their rights are violated.

Moreover, the initiative aims to improve access to public information by advocating for stronger transparency laws. This is particularly significant in a region where government secrecy and limited access to official records can hinder investigative journalism. By promoting open governance and legal safeguards for journalists, the CCJ and UNESCO are taking a proactive stance in ensuring that democracy and accountability are upheld.

The partnership between the CCJ and UNESCO marks a significant step forward in the fight for press freedom in the Caribbean. By reinforcing legal protections, educating judicial actors, and advocating for policy reforms, this collaboration has the potential to reshape the media landscape in the region. Moving forward, its success will depend on the commitment of Caribbean governments, media professionals, and civil society to uphold the fundamental right to free expression.

 

For further information, please see: 

CCJ – UNESCO and the Caribbean Court of Justice Forge Partnership to Strengthen Freedom of Expression and Journalist Safety – 10 Oct. 2024

Freedom House – Freedom in the World 2023 – Antigua and Barbuda – Mar. 2023 

Ifex – Electronic Crimes Act in Grenada Appears to Recriminalise Defamation – 12 Sep. 2013

International Press Institute – Journalist flees Trinidad and Tobago after threats – 26 May 2014

Reporters Without Borders – OECS – General Manager of Grenada Broadcasting Network censors coverage of staff protest – 27 Sep. 2018

Stabroek News – Glenn Lall goes to court over oil deal with Exxon subsidiary – 14 Jan. 2022

WACC – Tensions between media censorship and regulation in Jamaica – 12 Aug. 2020




Chaos in the Congo: Over 7 Million Now Displaced as M23 Rebels Seize Key Cities Amidst Ongoing Reports of War Crimes and Crimes Against Humanity

By: Bridget Congo 

Impunity Watch News Staff Writer

Kivu, Demographic Republic of Congo (DRC) — This year, the M23 rebel group has significantly expanded its territorial control in the DRC, capturing Goma and Bukavu, the capitals of North and South Kivu provinces, as well as the strategic mining hub Walikale in North Kivu. As a result, the total number of displaced individuals has now surpassed 7 million. Widespread human rights violations, including those targeting civilians, journalists, and human rights activists, have been reported, with both M23 forces and, in some cases, state actors implicated. As the conflict reaches its most severe point in over a decade, mounting evidence suggests the commission of war crimes and crimes against humanity in violation of international law.  

 
A displaced woman at a Goma IDP camp in front of her shelter. In early 2025, many such camps near Goma were destroyed amidst conflict with non-state armed groups, displacing residents once again. Photo Courtesy of Mireille Ngwamba for the IRC.
  

Amnesty International and other human rights groups have documented numerous violations committed by the Rwandan-backed M23 fighters, including summary executions, sexual violence, forced recruitment, mass displacement, village raids, and looting. Many of these acts constitute war crimes under Article 8(2) of the Rome Statute, to which the DRC acceded in 2002. However, M23 rebels are not the sole perpetrators of human rights violations in the DRC. The Congolese government has increasingly suppressed press freedom in response to the ongoing conflict. On January 7, the President of the Communication and Broadcasting Board (Conseil supérieur de l’audiovisuel et de la communication, CSAC) announced that Radio France Internationale, France 24, and TV5 Monde’s Africa program were at risk of suspension for their coverage of the “alleged advances of terrorists.” On January 9, 2025, Justice Minister Constant Mutamba issued a warning on his X social media account that individuals, including journalists, who disseminate information regarding the M23 and Rwandan forces would face severe legal repercussions, including the death penalty. The increased violence and territorial gains by M23 rebels signal a profound shift in the conflict, disrupting the food supply for millions and further straining humanitarian efforts. 

Several international courts have increased their monitoring of events in the DRC. In October 2024, International Criminal Court (“ICC”) Prosecutor Karim A.A. Khan KC announced that the Office is renewing its second investigative effort in the DRC, with a priority focus on alleged Rome Statute crimes committed in North Kivu since January 1st, 2022. This investigation is active. The first investigation commenced in 2004 and led to three convictions, in the cases The Prosecutor v. Thomas Lubanga Dyilo, The Prosecutor v. Germain Katanga, and The Prosecutor v. Bosco Ntaganda and to the acquittal of Mr Ngudojolo Chui. In February 2025, The African Court on Human and Peoples’ Rights (“AfCHPR”) held its first interstate public hearing regarding the DRC in the case of the Democratic Republic of Congo v. Republic of Rwanda. The DRC accused Rwanda of various human rights violations in relation to their backing of the M23 rebel group, marking a significant development in the court’s history. 

In February 2025, concern over the escalating conflict in the DRC grew among European officials. Volker Türk, United Nations High Commissioner for Human Rights, warned that the risk of regional escalation is at its highest, calling for parties to cease hostilities and resume dialogue within the framework of the Luanda and Nairobi processes, emphasizing the need for all parties to uphold international human rights and humanitarian law. The European Parliament issued a Motion for a Resolution on the escalation of violence in the eastern Democratic Republic of the Congo, calling for the suspension of EU budget support and mineral trade agreements with Rwanda, as well as targeted sanctions against individuals and entities responsible for supporting the M23 rebels and perpetuating violence in the region. 

 

For further information, please see:

AfCHPR —- AfCHPR Concludes a Public Hearing in Application NO. 007/2023, Democratic Republic of Congo v. Republic of Rwanda — 13 Feb. 2025

Aljajeera English — Mapping the human toll of the conflict in DR Congo — 24 Mar. 2025

European Parliament — MOTION FOR A RESOLUTION on the escalation of violence in the eastern Democratic Republic of the Congo — 10 Feb. 2025

Human Rights Watch — DR Congo: Rwanda-Backed M23 Target Journalists, Activists — 12 Mar. 2025

ICC — Call for Information on the Situation in the Democratic Republic of the Congo — 12 Oct. 2024

ICC — Democratic Republic of the Congo — 14 Oct. 2024

International Rescue Committee — Conflict in the DRC: What you need to know about the crisis — 6 Feb. 2025

OHCHR — HC Türk on DRC: “The risk of escalation throughout the sub-region has never been higher.” — 07 Feb. 2025

X — Constant Mutamba — 9 Jan. 2025








ECHR: Legislation Introduced by Russia to Stifle Dissent about War in Ukraine Violates Freedom of Expression.

By: Bridget Congo 

Impunity Watch News Staff Writer

 

STRASBOURG, FRANCE— On February 11, 2025, in the case Novaya Gazeta and Others v. Russia, the European Court of Human Rights (ECHR) issued a ruling against the Russian Federation, finding that it violated the European Convention on Human Rights by passing laws that oppressed free speech regarding the war in Ukraine. 

 
Yevgeny Roizman, a Russian opposition politician, was detained and investigated for criticizing Russia’s involvement in the military conflict in Ukraine. Photo Courtesy of REUTERS.
  

On February 24, 2022, when Russia invaded Ukraine, their Federal Services for Supervision of Communications, Information Technology and Mass Media (Roskomnadzor, the “RKN”) mandated that media outlets utilize only official Russian sources for reporting on the operation, threatening immediate blocking of materials deemed “false” as well as issuing take-down requests (“TDRs”). Then, on March 4, 2022, Russia’s parliament enacted legislation that made sweeping amendments to their Code of Administrative Offences (the “CAO”) and their Criminal Code – criminalizing the dissemination of “fake news” about the military, with penalties of up to 15 years in prison. Subsequently, numerous independent media websites were blocked for their coverage of the conflict. Individuals were also implicated under these new laws. This case comprises two (2) independent media outlets, Novaya Gazeta and Dozhd TV, as well as 161 other individual applicants who faced convictions through criminal or administrative proceedings for expressing dissenting views on Russia’s military action in Ukraine. In May 2022, the RKN charged Novaya Gazeta with disseminating “fake news”, an offence under Article 13.15(9) of the CAO. Most individuals in this case were charged under either Article 207.3 of the Criminal Code or Articles 13.15 and 20.3 of the CAO. 

The ECHR concluded that Russia’s actions constituted a coordinated effort to suppress dissenting opinions regarding the war in Ukraine. The Court emphasized that the imposed sanctions were exceptionally severe and served to intimidate society, effectively silencing independent voices on matters of critical public interest. Consequently, the Court held that Russia violated Articles 10 and 34 of the European Convention on Human Rights, along with other provisions concerning specific applicants. 

The Court determined unanimously that Russia violated Article 10, citing systematic suppression of dissenting voices, with national courts penalizing any narratives using the term “war” instead of the official portrayals of the invasion as “special military operations.” The Court emphasized that even during emergencies, freedom of political speech must be protected under the public interest of democratic society and that applicant’s statements did not incite violence or unlawful activities. Finally, the Court noted an absence of efforts by Russia to balance national security interests with the public’s right to information on significant issues like armed conflict and alleged war crimes. 

 The Court found a violation of Article 34 concerning the Novaya Gazeta media outlet. Despite interim measures issued by the Court, Russian authorities revoked the newspaper’s publication license and blocked access to its websites, undermining the right to individual petition. 

The court identified additional breaches involving five (5) applicants. First, Article 3 (Prohibition of Inhuman or Degrading Treatment), applicants were subjected to confinement in metal cages or narrow glass cabins during detention hearings. Second, Article 5 §§ 1, 3, and 4 (Right to Liberty and Security), issues included unwarranted arrests, pre-trial detentions, and delays in reviewing appeals against detention orders. Finally, Article 8 (Right to Respect and Family Life), unjustified searches of applicants’ homes were conducted by Russian officials without proper justification. 



For further information, please see:

Blackstone Chambers — Novaya Gazeta and Others v. Russia — 12 Feb. 2025

ECHR — Judgment Novaya Gazeta and Others v. Russia — 2 Feb. 2025

Reuters News — Russia fights back in information war with jail warning — 4 Mar. 2022