France Violated Rights of French Children Detained in Syrian Detention Camps by Failing to Repatriate Them, UN Committee Finds

By: Holly Popple

Journal of Global Rights and Organizations, Senior Associate Editor

GENEVA, Switzerland — France violated French children’s rights by failing to repatriate them from Syrian detention camps in which they were detained for years in dangerous conditions, according to new findings issued by the UN Child Rights Committee.

Detainees at a detention camp in northern Syria in 2019. Photo courtesy of The New York Times.

The Child Rights Committee, which monitors States parties’ adherence to the Convention on the Rights of the Child, issued its findings after considering three separate cases filed by a group of French nationals whose relatives were currently detained in Rawj, Ayn Isa, and Hawl camps in northeastern Syria, which is under the control of Kurdish forces.

The three cases involved 49 children who were detained in these camps due to their parent’s alleged ties with Da’esh, an ISIL terrorist group. Of those 49 children for whom the cases were brought, 38 remain detained in these camps without a timeline for release. Most of these children are under twelve and many are as young as five years old.

In these findings, the Committee condemned France’s failure to repatriate these children based on the lack of due consideration given to the best interests of the child victims when reviewing requests for repatriation, in part due to the inhumane and life-threatening conditions endured by detainees. Committee member Ann Skelton commented on the state of the camps, saying, “The children are living in inhuman sanitary conditions, lacking basic necessities including water, food and healthcare, and facing an imminent risk of death.” She recounted the fact that since 2021, 62 children have reportedly died in the camps and called on France to take immediate action to protect the children. This immediate action refers to repatriation when viable but includes additional measures in the meantime meant to mitigate the health and safety risks of detainees while they still reside in Syria.

Health concerns from unsanitary conditions are far from the only issue that implicates human rights violations occurring in these camps. Children are deprived of their right to education, liberty, security, life, and freedom from violence. Physical violence, psychological trauma, harassment, violent extremism, and trafficking are rampant in these camps and pose a daily threat to those who live there.

Many countries have been hesitant to repatriate these children due to both legal and practical concerns, citing national security concerns and logistical difficulty in ascertaining the identity and nationality of the children as top reasons for the failure of repatriation of the children thus far. However, the interests in protecting these children from the harm they endure from continuing to be detained in these camps cannot be justified by the fact of their parent’s alleged ties to ISIL. France and other countries that have the power to repatriate these children must take action to prevent more human rights violations and return them to their country of origin.

For further information, please see:

HIR – French Children in Syria: The Repatriation Question – 13 May 2021

OHCHR – Convention on the Rights of the Child – 2 Sept. 1990

OHCHR – France Violated Rights of French Children Detained in Syria by Failing to Repatriate Them, UN Committee Finds – 24 Feb. 2022

OHCHR – The World Must Bring Children Home from Syrian Detention Camps – 22 Sept. 2021

OSJI – European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria – Jul. 2021

UN News – France Violated Rights of French Children Detained in Syrian Camps – 24 Feb. 2022

Editorial: India’s Abstention From Condemning Russia in the United Nations Security Council Is Disappointing

By: Rohan Bhattacharjee

Impunity Watch News Staff Writer

India’s abstention on the United Nations Security Council (UNSC) draft-resolution vote on the condemnation of Russia’s blatant and unilateral aggression on Ukrainian territory, is deeply disappointing.   

India’s Permanent Representative to the United Nations, Amb. TS Tirumurti. Photo courtesy of the New York Times.

Close alignment with Russia has been an integral part of India’s post-independent foreign policy. Russian contribution to Indian scientific, economic, and defense development, including military support on key foreign policy events such as the Bangladesh liberation war in 1971, are unparalleled. The shift of the global order since the 90s however, and the rapidly evolving global geo-political developments signifying increasing polarization between free societies led by the U.S on one side and authoritarian states such as Russia and China on the other, amidst intensifying cultural and people-to-people ties between India and the western world, require an urgent rethinking of India’s ‘strategic neutrality’ policy.  

In 2020, as China entered Indian territory in Ladakh, killing over 20 Indian soldiers, Indian diplomats travelled to capitals around the world, frantically asking leaders to condemn China’s unilateral actions violating India’s territorial integrity and sovereignty.

The same diplomats, two years later, were instructed to abstain from condemning Russia’s aggression against Ukraine in the UN Security Council in demonstration of its ‘non-alignment’ policy. India’s isolation on the international stage was manifest as not a single member of the UN Security Council voted against the resolution except for Russia.

This balancing act, a legacy of the Non-Alignment Movement (NAM), cannot be more absurd in today’s global scenario. Besides exposing India’s hypocrisy, it showcases that India’s concerns over the principles of respecting the territorial sovereignty of states are only seasonal and arise only at a convenient moment when its own interests are at stake. It is inapplicable to tyrants and dictators like Putin. Such a transactional approach in foreign policy does not bode well for India’s future and its image as a responsible global power.  

Two distinct worlds are fast emerging in areas of artificial intelligence, machine learning, and finance – dominated by the U.S-led free world on one side and authoritarian states such as Russia and China on the other. Because of the geo-political rivalry, the two systems continue to become ever more parallel and distant. For India to continue with its transactional approach towards world affairs, continuing its purchase of Russian weapons systems on one hand, making use of American-designed defense software on the other – while the U.S-led alliance continues to place more crippling sanctions on Russia, it will become more difficult for India to enjoy the best of both worlds for which it is time that it finally make a choice.

India has enormous scope of gaining immensely from the west than it can gain from authoritarian states such as Russia or China. The sheer size of the American economy and the western world’s unparalleled appetite for progress in basic research, science, and technology, fueled by free-market capitalism and a free and open society promoting honest intellectual discourse, will benefit India much more in the long run than short-term transactional relationships. The U.S-led western alliance, with its convergence with India on democratic values and key national security priorities, are natural partners for India in the long-run.   

India also can tap into the influence of its extremely large, well-integrated, and successfully placed diaspora in the western societies to influence government policy. The Indian diaspora in the U.S alone, for instance, numbers over 4.2 million, compared to a paltry 14,000 in Russia. Members of the diaspora are situated in the highest echelons of government and industry, providing an opportunity for the Indian government to directly influence decision making processes favoring its agendas.

For these reasons, India must take a bold stance against authoritarian regimes in the world to establish itself as a responsible global power and a leader of the free world, bin its policy of strategic neutrality, and realign more concertedly with the western-led alliance of democracies. It should begin by condemning Vladimir Putin’s blatantly illegal actions in Ukraine.             

Prosecution of Islamic Republic of Afghanistan Continues After United States Is Dropped from Investigation

By: Cody Lee Nagle

Journal of Global Rights and Organizations, Associate Articles Editor

THE HAGUE, Netherlands — Proceedings are currently underway at the International Criminal Court (ICC) to determine whether the Court’s investigations into war crimes in Afghanistan are allowed to resume. The initial investigation began March 5, 2020, when the ICC prosecutor, Karim A. Khan, requested permission from the court to look into reported war crimes in Afghanistan by both Afghanistan and the United States.  Crimes alleged against the Taliban and ISIS affiliates include extreme deprivations of physical liberty, sexual abuse, and persecution of specific groups based on gender or political affiliation. The United States is accused of torture, sexual abuse and offenses to personal dignity both within Afghanistan and in “black sites” around the world.

Karim Khan being sworn in as ICC Prosecutor. Photo courtesy of the International Criminal Court.

Prosecution of Islamic Republic of Afghanistan Continues After United States is Dropped from Investigation

Despite extreme opposition and a lack of cooperation by the U.S., the investigation was approved unanimously by the Court. Some may remember the strong rebuke by former Secretary of State Mike Pompeo upon learning of the investigation into U.S. actions overseas.

Shortly after the investigation began, on March 26, 2020, the process was halted when the Afghanistan government appealed to the court for a chance to investigate internally, instead of using ICC resources. Prosecutor Khan commended the cooperation and constructive engagement by the Government of Afghanistan, noting the enhanced accountability being enjoyed by victims of the atrocities in Afghan territories.

When Afghanistan’s government fell to the Taliban in August of 2021, cooperation with the investigation ended abruptly. At that time the Prosecutor requested the Pre-Trial Chamber allow the investigation by his office to resume. However, Khan only requested authority to investigate the allegations of war crimes against Islamic State- Khorasan Province and the Taliban. Meaning other investigations previously included, such as those into the United States and CIA use of torture, would be deprioritized.

In his request Khan pointed to the gravity and scale of continuing crimes within Afghanistan, especially since the takeover of the Taliban. He also noted that doing any sort of on the ground investigation would likely be inadequate and ineffective given the lack of access to victims and information from the new government.

The decision has received widespread condemnation across human rights organizations who had hopes of holding the United States accountable for its actions within the borders of Afghanistan as well as in offshore sites in Poland, Romania and Lithuania. Even the Pre-Trial Chamber, in a separate decision, offered a slight rebuke to Khan for choosing to investigate specific parties instead of focusing on crimes first to then determine who was responsible.

While it is unclear exactly how the Chambers will rule on this request, recent developments in the court point to a decision coming soon. In October the Chamber requested the UN Secretary General to submit to the court a statement regarding who is currently representing the Islamic State of Afghanistan in order to determine procedures and set timelines for a possible resumption of the investigation.

For further information, please see:

Al Jazeera – ICC prosecutor defends dropping US from Afghan war crime probe – 6 Dec. 2021

Al Jazeera- Analysis: Can the ICC deliver justice in Afghanistan? – 4 Nov 2021

Foreign Affairs – The ICC’s Flawed Afghan Investigation: Why the Court Shouldn’t Let America Off the Hook – 3 Nov. 2021

ICC- Afghanistan: ICC Pre-Trial Chamber II requests the UNSG and the Bureau of the ASP of the ICC to submit information on the identification of the authorities currently representing the Islamic Republic of Afghanistan- 8 Oct. 2021

ICC- Decision on submissions received and order to the Registry regarding the filing of documents in the proceedings pursuant to articles 18(2) and 68(3) of the Statute – 8 Nov. 2021

ICC- Situation in the Islamic Republic of Afghanistan

ICC- Statement of the Prosecutor of the International Criminal Court, Karim A. A. Khan QC, following the application for an expedited order under article 18(2) seeking authorisation to resume investigations in the Situation in Afghanistan – 27 Sept. 2021

International Federation for Human Rights – Resumption of the ICC investigation into Afghanistan, while welcome, should not exclude groups of victims or crimes within the Court’s jurisdiction – 28 Sept 2021

Navalny Faces Additional Charges in Russia

By: Hannah Gavin

Journal of Global Rights and Organizations, Associate Articles Editor

MOSCOW, Russia — Putin’s strongest opponent, Aleksei A. Navalny faced new charges in court this Tuesday. Additional charges included embezzlement and contempt of court. These charges have the potential to extend his imprisonment by 15 years. Navalny faced these charges from a Penal Colony outside of Moscow where he is currently serving what should be the last year of his sentence.

Nalvany at his hearing on Tuesday. Photo courtesy of The Guardian.

In February of 2021, a Moscow appeals court rejected Navalny’s appeal of an original 2014 sentence for embezzlement. Navalny was originally sentenced to two years and eight months. On appeal, the judge reduced Navalny’s sentence by just 45 days. Navalny was poisoned in August of 2020 by Putin and nearly died while at a hospital in Germany. When recovered, Navalny chose to return to Russia, knowing he would be imprisoned.

The new charges come amid tense escalations in the potential military action soon to occur by Russia in the Ukraine. Russia has been deploying troops as well as missiles and other tactical equipment to the Ukrainian border. Although this has not yet escalated into violence, the World has been waiting with bated breath to see what the Kremlin chooses to do. Aleski Navalny spoke at the end of January urging western nations to take a harsher stance against Russian military action in Ukraine. In response to the United States’ meetings following Putin’s demands, Navalny stated “instead of ignoring this nonsense, the U.S. accepts Putin’s agenda and runs to organize some kind of meetings. Just like a frightened schoolboy who’s been bullied by an upperclassman.”

Navalny’s imprisonment came as no surprise to him or the international community. As for the additional charges, Navalny claims Putin planned this to coincide with his potential invasion of the Ukraine. Hope does not remain high for Navalny in his pursuit of justice against these additional charges. Navalny has claimed that the hearing was purposely held in a remote area. Additionally, his lawyers were blocked from bringing their laptops to court which contained necessary legal documents.

Although whether or not Navalny will face another decade or more in Russian prisons is unknown, the outlook for his case seems grim given Putin’s continuous attempts to suppress the opposition. Navalny will have his next hearing in this case on Monday.

For further information, please see:

NYT – Navalny Appears in Penal Camp Court to Face More Charges – 15 Feb. 2022

Time – Alexei Navalny Urges Biden to Stand Up to Putin – 19 Jan. 2022

Remembering Willowbrook during the COVID-19 Pandemic

By: Grace Terry

Journal of Global Rights and Organizations, Associate Articles Editor

NEW YORK, United States — As the COVID-19 Pandemic continues, the New York State Office for People with Developmental Disabilities (OPWDD) continues to face a worsening staffing crisis. In the final months of 2021, in the Central NY region alone, the state temporally suspended nine group homes. OPWDD has stated that the “temporary consolidation of group home is to maintain quality care and workplace conditions”. The low wages of the direct support staff (DSPs) at these facilities are at the heart of the crisis and legislators recognize this ongoing problem has only been exacerbated by the pandemic.

The Willbrook building as it stands today in Staten Island, New York. Photo courtesy of Untapped New York.

“The current staffing crisis recalls an earlier incident that happened in New York State that made its way in federal court.”In 1972, a television reporter aired graphic footage from inside the Willowbrook State School, an institution designed to house children with intellectual disabilities. At its highest population, the institution housed 6,200 individuals in a building designed for 4,000 residents while drastically understaffed. This led to two class-action lawsuits, and the family members of the affected individuals sought injunctive relief to improve conditions, including hiring more staff.  The Eastern District Court of New York held that plaintiffs’ right to protection from harm in a state institution had been violated and granted this injunctive relief. This case set a precedent for the requirement of humane and ethical treatment of individuals who use these types of intuitions.

In NYS ARC, Inc v. Rockefeller (1973), it was noted that the number of ward attendants was incredibly low and that the lack of competitive salaries was a factor. In the facilities’ dayrooms, the staffing ratio was 1 staff member for every 15 residents. The 1964 American Association on Mental Deficiency (AAMD) standards required ratio of 1:5 for the first shift, 1:7 for the second shift, and 1:15 for the third shift at this facility. This serious understaffing caused hazardous conditions for the “health, safety, and sanity” of the residents. This included over 1,300 reports of injury, fights, patient assaults, and abuse.

The Court in NY ARC found a right to protection from harm through criminal law. When individuals are confined under criminal law, a tolerable living environment is guaranteed by law. The Court went further and held that OPWDD facility conditions are held to a higher standard, as residents in these facilities are not being constitutionally punished. The Court did not give an exhaustive list of rights, but it did note there is support for relief for violating that standard.

The appalling examples of mistreatment in the Willowbrook institutional facility led to the residents being placed in group homes, less restrictive, community-based facilities. The Court declared the department’s new goal should be to “ready each resident…for life in the community at large.” OPWDD and its provider agencies have since recognized that smaller group home designs are more effective and have transitioned from primarily using large institutions to group homes. These facilities have small staff to resident ratios, and a maximum capacity of 14 unrelated individuals per facility.

As of December 2021, OPWDD has stated that 57 group homes have been closed. The closures require group homes to be consolidated, increasing resident numbers without increasing staffing. As the Court stated in NYS ARC, appropriate staffing levels in required to ensure protection from harm. We need immediate action on behalf of our elected officials to rectify the staffing crisis and guarantee individuals utilizing State services are protected from harm.

For further information, please see:

CNY Central – “A workforce shortage of crisis proportions” impacting loved ones at New York group homes – 6 Dec. 2021

Disability Justice – The Closing of Willowbrook

Lohud. – Amid staffing crisis, pleas for Hochul to help New Yorkers with developmental disabilities – 5 Jan. 2022

The New York Times – Beatings, Burns and Betrayal: The Willowbrook Scandal’s Legacy – 21 Feb. 2020

The New York Times – 2 Suits Call for Eventual Phase Out of Willowbrook – 18 Mar. 1972

News 10 NBC – News10NBC Investigates: NYS group homes temporarily close as OPWDD tries to fill 537 job vacancies – 30 Nov. 2021

News 10 ABC – Officials talk staffing crisis closing group homes statewide – 22 Dec. 2021

Timeline –Willowbrook, the institution that shocked a nation into changing its laws – 15 Jun. 2017

United States District Court, E. D. New York – New York St. Ass’n for Retard. Child., Inc. v. Rockefeller – 10 Apr. 1973