ECHR Declares Italy’s Failure to Address Criminal Organization Dumpsites Constitutes Violation of Right to Life

By: Jacob Samoray

Journal of Global Rights and Organizations, Senior Article Editor

 

ITALY – The European Court of Human Rights ruled late last month that inaction by the Italian State in addressing the illegal dumping, burning, and burying of garbage on private land across the Campania region. The waste included hazardous materials, and increased rates of cancer and groundwater pollution have been recorded in the area, effects linked to illegal dumping in the area. This dumping has overwhelmingly been carried out by organized crime syndicates that operate in the Terra dei Fuochi region of Campania.

The court announced in a Chamber judgement that the Italian government’s failure to adequately respond to the situation constituted a violation of the ECHR’s Article 2 Right to Life. The Court paid particular attention to what it perceived to be a serious failure to act diligently and expeditiously despite the State’s knowledge of the situation and its severity. The ECHR Court requested that the state draft a “comprehensive strategy” to address the situation, including the creation of independent monitoring mechanisms and creation of a means of informing the public of the situation, and any dangers presented to them. A 2-year time-limit has been set by the Court for Italy to meet these requests, during which time the pending applications against the State will be adjourned.

 
Illegal burn pile in Scafati, Italy, near Naples. Photo courtesy of Angelo Ferrillo.
  

Campania holds 90 municipalities including Naples, the regional capital, and is home to roughly 2.9 million Italian citizens. The initial suit was brought by 41 Italian nationals who live in the Campania region, as well as 5 different organizations based in the region.

The epidemic is largely linked to criminal organizations operating illegal waste disposal services. The Camorra, the primary syndicate behind such operations, began waste disposal operations in the mid-1980’s due to the significantly lower risk compared to other illicit operations, paired with the high potential for profits. The organization operates by undercutting legitimate waste disposal companies who are bound by environmental regulations, taxes on business, and safety requirements that have the effect of driving up the prices of waste disposal. Costs are cut by completely disregarding these safety guidelines, dumping hazardous waste and municipal garbage in quarries, glens, and private property all across the region. This tactic of undercutting legitimate waste disposal services has led to a near monopoly on waste management in Campania for The Camorra.

While the Italian government has taken steps to address issues of land pollution and air pollution due to burning of hazardous waste (increasing law enforcement efforts cracking down on illegal dumping; increasing punishments for illegally burning trash; adoption of legislative decrees creating government groups to combat the issue) efforts only began as late as 2014, and have not been effective in combatting the environmental damage and health crisis posed by such operations. Recent crackdowns by law enforcement, bolstered by harsher penalties, have been effective in causing Camorra members to inform on their organization to authorities. With any hope, the international pressure of the ECHR will provide further pressure to address the issue more effectively.

 

For further information, please see:

ECHR – Cannavacciuolo and Others v. Italy – 1 Jan. 2025.

ECHR – Judgment concerning Italy – 1 Jan. 2025.

ECHR – Prolonged inaction by Italian State on widespread dumping put Terra dei Fuochi residents’ lives at risk – 30 Jan. 2025.

National Museum of Organized Crime and Law Enforcement – The Camorra and the Garbage Racket in the ‘Land of Fires’ – 23 Mar. 2020.





IACHR Issues Judgement Against Nicaragua for Violating Political Rights in 2011 Election

By: Jesse Elmer

Impunity Watch News Staff Writer         

 

SAN JOSÉ, Costa Rica – The Inter-American Court of Human Rights ruled that the State of Nicaragua violated political rights, judicial guarantees and judicial protection of Mr. Fabio Gadea Mantilla in the 2011 presidential elections. The IACHR determined that the judicial system of Nicaragua lacked an effective judicial remedy to review decisions.

 
Fabio Gadea Mantilla giving a speech. Photo Courtesy of El País.
  

            Bolivian attorney Jaime Aparicio, one of Mr. Mantilla’s representatives, discussed the importance of the ruling. He commented, “this is one of the first times the court refers to the electoral issue, meaning that it incorporates the protection of the right to be elected in free and transparent elections into human rights violations.”

            This holding follows a year where the Inter-American Court of Human Rights took action on multiple fronts to protect free and fair elections in the Americas. On 30 April 2024, the IACHR released a resolution recognizing election observers as human rights defenders. This resolution mirrored recent statements issued by the UN. The IACHR also issued an extensive report regarding human rights violations in Venezuela following the presidential election of July  2024. Following the election results, the State of Venezuela under President Nicolas Maduro arrested protestors en masse, generating reports of torture and extrajudicial killings.

            The IACHR’s holding came the same week as the President of Nicaragua consolidated power. President Daniel Ortega proposed widespread reform to extend executive control over judicial and legislative duties. Under these reforms, the president would have the authority to order the army to intervene to support the police or take executive branch positions. International commentators from the UN have expressed concern about the appointment of Ortega’s wife as “co-president” and a newfound ability for either co-president to name “vice presidents.” This mechanism could be used to keep the presidency of Nicaragua within the family, strengthening the autocratic regime.   

 

For further information, please see:

IACHR – Judgment Regarding Fabio Gadea Mantilla – 23 Jan. 2025

Confidencial – IACHR Rules Against Nicaragua, Stating That “Indefinite Reelection is not a Human Right” – 27 Jan. 2025

JURIST News – IACHR report highlights extensive human rights violations following Venezuela presidential election – 7 Jan. 2025

Reuters – Nicaragua’s Ortega Expands Power as Reforms Win Final Approval – 30 Jan. 2025

Verfassgungsblog – The Inter-American Commission Recognizes Electoral Observers as Human Rights Defenders – 03 Oct. 2024.

The International Court of Justice Hears Largest Case in History on Climate Change

By: Sierra Radley

Journal of Global Rights and Organizations, Associate Articles Editor

 

THE HAGUE, Netherlands – On March 29, 2023, the U.N. General Assembly adopted a resolution requiring the International Court of Justice (ICJ) to issue an advisory opinion on “the obligations of States in respect to climate change.” The ICJ held public hearings for this opinion from December 2 to December 13. 

 
Members of Vanuatu’s government at an ICJ hearing in December 2024. Photo Courtesy of Piroschka Van De Wouw.
  

96 countries and 11 international organizations participated in the hearings, including Germany, the United Kingdom, Canada, Saudi Arabia, the World Health Organization, and the European Union. 90 countries sent written testimony into the ICJ. This case is the largest in ICJ history.  

Climate change activists behind this case emphasized that climate change threatens the human rights of people around the world. The nation of Vanuatu, a collection of islands in the South Pacific Ocean, led the movement for the ICJ to consider this case. Vanuatu is increasingly susceptible to the impacts of climate change because of sea-level rise in the Pacific Ocean. Vanuatu’s lawyers believe that many of its citizens will die because of rising sea waters and want those who are responsible to be held accountable for the rise in sea level. 

Various courts have recently considered the link between human rights and climate change. In 2024, the European Court of Human Rights held that Switzerland violated its citizens’ human rights by failing to decrease greenhouse gas emissions. In 2019, the Dutch Supreme Court held that human rights are affected by climate change and the government must protect its citizens’ human rights through climate-friendly actions. These decisions acknowledged that human rights are affected by climate change. This link between human rights and climate change is likely to be discussed in the ICJ’s opinion. 

This is not the first request for an advisory opinion on climate change from the ICJ. Palau and the Marshall Islands tried to request an opinion around 10 years ago. However, that attempt failed because of political resistance. 

This ICJ opinion has not been released yet, but is expected in 2025. Even though this opinion is not binding, it could further the link between human rights and climate change, and serve as a reference for future climate litigation. Many courts use the ICJ’s rulings as guidance, and this decision could lead to increased climate litigation. 

 

For further information please see: 

Associated Press – A landmark climate change case will open at the top U.N. court as island nations fear rising seas – 1 Dec. 2024

Center for International Environmental Law – Advancing Climate Justice at the International Court of Justice – 27 Nov. 2024 

The Guardian – Handful of countries responsible for climate crisis, top court told – 2 Dec. 2024 

ICJ – Conclusion of the Public Hearings Held from December 2 to December 13, 2024 – 13 Dec. 2024

The New Yorker – The International Court of Justice Takes on Climate Change – 14 Dec. 2024 

The New York Times – What to Know About a Landmark Court Case – 5 Dec. 2024 

Sabin Center for Climate Change Law – The ICJ’s Advisory Opinion on Climate Change: What Happens Now? – 29 Mar. 2023





European Court of Human Rights Finds that the Russian Federation Violated the European Convention of Human Rights in their Prosecution of Konstantin Kotov

By: Jesse Elmer

Impunity Watch News Staff Writer

STRASBOURG, France – On November 24th, The European Court of Human Rights (“ECHR”) found that the Russian Federation violated the European Convention on Human Rights in their handling of criminal proceedings against applicant Konstantin Aleksandrovic Kotov. The court found that Kotov’s punishments were disproportionate, and he had been punished for actions protected under the Convention.

 
Russian Police arrest activist Konstantin Aleksandrovic Kotov. Photo Courtesy of Amnesty International.
 

The case related to convictions Kotov received under administrative and criminal law proceedings regarding public political protests and encouraging others to attend those protests. The protected conduct the Russian Federation punished him for included chanting anti-government slogans, participating in peaceful protests, and calling upon others to do the same.

The Constitutional Court of the ECHR referenced their previous rulings in determining that the sentence was disproportionate. The Court has held that sentencing a person to prison for assembling was only possible when the assembly is not peaceful, where significant harm is inflicted, or where there was real threat of significant harm. 

Kotov’s original trial in Moscow lasted less than a day and had a complicated procedural history in Russia itself before reaching the ECHR. His original trial lasted less than a day and he earned a four year sentence in prison for violating Russia’s notorious Article 212.1. The Constitutional Court of Russia remanded the case and the sentence was reduced to a year and a half.

This case is part of a larger effort repress political competition on the part of the Russian Federation, and represents only the first time Mr. Kotov was been targeted. The Russian Federation uses vague anti-extremism laws to prosecute opposition. The Russian court system has prosecuted members of the media under legislation that labels them as “foreign agents,” “undesirables” or “extremists.” 

Following this arrest, the Russian government arrested Kotov again in 2024 for donating to Alexei Navalny’s political organizations. The Russian government had labeled them as “extremist.” In August 2024, A Moscow court ruled to place Kotov under house arrest until October. The donation in question was 3,000 rubles, equivalent to $32.60 USD.

For further information, please see:

European Court of Human Rights Press Release – Judgment Concerning the Russian Federation – Nov. 26 2024

Human Rights Watch – Update on Human Rights in the Russian Federation and the Continuing Need for a Special Rapporteur on Russia – Aug. 28 2024

The Moscow Times – Moscow Activist Kotov Detained for Allegedly Donating to Navalny’s ‘Extremist’ Groups – Aug. 22 2024

Amnesty International – Russia: Prisoner of Conscience Konstantin Kotov will Remain in Jail – 20 Apr. 2020

 

For the First Time in History, the ICC Will Move Forward in the Prosecution of Uganda’s Joseph Kony – Despite No Arrest

By: Bridget Congo

Impunity Watch News Staff Writer

 

THE HAGUE, Netherlands – On December 12, 2024, the ICC’s Pre-Trial Chamber III scheduled a confirmation of charges hearing in the case of The Prosecutor v. Joseph Kony. The hearing will take place September 9, 2025, marking the first time in the Court’s history that it conducts a hearing in absentia, as Kony remains at large.

Two child soldiers of Uganda’s rebel group, the Lords Resistance Army (LRA). Photo Courtesy of Reuters.

 
Lord’s Resistance Army (LRA) fighters in the Central African Republic, picture dated April 4, 2012. Photo Courtesy of Voice of America.
  

Between 1987 and 2006, Northern Uganda endured a brutal conflict between the government and the Lord’s Residence Army (LRA), a quasi-religious group claiming to defend the Acholi ethnic group. Since rising in the early 1980s, the LRA has allegedly targeted civilians with attacks, abducted over 35,000 children as soldiers and sex slaves, and displaced over 1.9 million people into government camps. Despite a 2006 truce, the LRA is said to have expanded its operations into neighboring countries, including the Democratic Republic of Congo (DRC), South Sudan, and the Central African Republic (CAR). Despite global efforts to detain him, LRA founder and leader Joseph Kony remains at large, believed to be outside of Uganda.

After ratifying the Rome Statute in 2002, Uganda became the first state to refer itself to the ICC, inviting the Office of the Prosecutor to investigate the LRA’s alleged crimes. Kony’s Warrant of Arrest, originally issued by the ICC under seal on July 8, 2005, was made public on October 13, 2005.

Kony faces 36 counts of war crimes and crimes against humanity under Articles 7 and 8 of the Rome Statute for crimes allegedly committed between 2002 and 2005.

Counts 1-14: Intentionally directing attacks against the civilian population as such; murdering civilians and attempting to do so; torturing, and/or severely abusing and mistreating civilians and treating them cruelly; enslaving abducted civilians; pillaging and destroying property; and persecuting civilians on political grounds as well as based on their age and gender.

Counts 15-29: Conscription of children into the LRA, and using them to participate actively in hostilities.

Counts 20-36: Perpetrating the crimes of enslavement, forced marriage, torture, and sexual slavery in relation to young women.

The confirmation of charges hearing is not a trial. Under Article 61(5) of the Rome Statute, a Pre-Trail hearing assesses whether sufficient evidence exists to establish substantial grounds for believing the individual committed each alleged crime. The Prosecutor may rely on documentary or summary evidence and need not call the witnesses expected to testify at the trial.

Under the Rome Statute, confirmation of charges proceedings at the Pre-Trial stage may proceed in the suspect’s absence under specific conditions outlined in Article 61(2)(b). In this instance, the Chamber determined that the conditions were met because (i) Kony qualifies as a person who “cannot be found”; (ii) all reasonable efforts have been made to ensure his appearance and notify him of the charges and the hearing date; and (iii) there is sufficient cause to hold the confirmation of charges hearing in absentia. In absentia cases, the person shall be represented by counsel where the Pre-Trial Chamber determines that it is in the interests of justice.

If the charges are confirmed, the case can proceed to trial only if the accused is physically present before the Trial Chamber under Rome Statute Article 63.

 

For further information, please see: