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Security, Peace & Justice
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What is torture?
Article 1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment defines torture as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions."
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What are the international standards on torture? The prohibition of torture and inhuman treatment is enshrined in the following regional and universal human rights instruments:
*African Charter on Human and Peoples’ Rights (art. 5) *American Convention on Human Rights (art. 5) *American Declaration of the Rights and Duties of Man (art. 27) *Arab Charter on Human Rights (arts 8) *Cairo Declaration on Human Rights in Islam (arts. 19-20) *Charter of Paris for a New Europe *Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) *Convention on the Protection of the Rights of Migrant Workers and Members of their Families (art. 10) |
*Convention on the Rights of the Child (art. 37)
*European Convention for the Prevention of Torture and Inhuman or Degrading Treatment
*European Convention for the Protection of Human Rights and Fundamental Freedoms (art. 3)
*Inter-American Convention To Prevent and Punish Torture
*International Covenant on Civil and Political Rights (arts. 4, 7 and 10)
*United Nations Standard Minimum Rules for the Treatment of Prisoners (art. 31)
*Universal Declaration of Human Rights (art. 5)
Source: International Justice Resource Center.
*European Convention for the Prevention of Torture and Inhuman or Degrading Treatment
*European Convention for the Protection of Human Rights and Fundamental Freedoms (art. 3)
*Inter-American Convention To Prevent and Punish Torture
*International Covenant on Civil and Political Rights (arts. 4, 7 and 10)
*United Nations Standard Minimum Rules for the Treatment of Prisoners (art. 31)
*Universal Declaration of Human Rights (art. 5)
Source: International Justice Resource Center.
About the right to liberty: what is arbitrary detention?
Arbitrary detention is the violation of the right to liberty. It is defined as the arrest and deprivation of liberty of a person outside of the confines of nationally recognized laws or international standards. International treaties may be implored to guarantee the right to liberty if national laws protect the individual in an incomplete or partial manner.
Detention may be illegal without being arbitrary and vice-versa. Illegality simply means that the law has not be complied with, whereas arbitrary refers to the inappropriate, unjust, unforeseeable or disproportionate nature of the detention.
Arbitrary detention exposes the victim to more human rights violations since they are deprived of means to defend themselves from extrajudicial execution, enforced disappearances, torture and other cruel, inhuman or degrading treatment, etc.
Source: Trial International
Detention may be illegal without being arbitrary and vice-versa. Illegality simply means that the law has not be complied with, whereas arbitrary refers to the inappropriate, unjust, unforeseeable or disproportionate nature of the detention.
Arbitrary detention exposes the victim to more human rights violations since they are deprived of means to defend themselves from extrajudicial execution, enforced disappearances, torture and other cruel, inhuman or degrading treatment, etc.
Source: Trial International
What are the international standards on arbitrary detention?
The right to personal liberty is defined by Article 9 of the International Covenant on Civil and Political Rights, which outlines the conditions that render detention arbitrary, especially when:
In certain cases, arbitrary detention can be considered as a war crime (Article 8 of the Rome Statute), a crime against humanity (Article 7 of the Rome Statute) or a crime of genocide. During a period of conflict or tensions, arbitrary detention can become a large-scale political tool of intimidation, often used in combination with other violations, such as the suppression of individual liberties, extrajudicial executions, enforced disappearances etc. TRIAL International also intervenes in cases of arbitrary detention which take place in the context of generalized suppression, especially when human rights defenders are targeted by such practices.
Source: Trial International
Also, a U.N. Working Group on Arbitrary Detention was established by resolution 1991/42 of the former Commission on Human Rights. Among its activities, it investigates cases of arbitrary detention, conducts field missions, makes recommendations and works in partnership with other OHCHR bodies.
Source: OHCHR
- The grounds for the arrest are illegal
- The victim was not informed of the reasons for the arrest
- The procedural rights of the victim were not respected
- The victim was not brought before a judge within a reasonable amount of time
In certain cases, arbitrary detention can be considered as a war crime (Article 8 of the Rome Statute), a crime against humanity (Article 7 of the Rome Statute) or a crime of genocide. During a period of conflict or tensions, arbitrary detention can become a large-scale political tool of intimidation, often used in combination with other violations, such as the suppression of individual liberties, extrajudicial executions, enforced disappearances etc. TRIAL International also intervenes in cases of arbitrary detention which take place in the context of generalized suppression, especially when human rights defenders are targeted by such practices.
Source: Trial International
Also, a U.N. Working Group on Arbitrary Detention was established by resolution 1991/42 of the former Commission on Human Rights. Among its activities, it investigates cases of arbitrary detention, conducts field missions, makes recommendations and works in partnership with other OHCHR bodies.
Source: OHCHR
A few words about international criminal justice
On 17 July 1998, the Rome Statute of the International Criminal Court ("ICC") was adopted. Rome Statute grants the ICC jurisdiction over four main crimes.
First, the crime of genocide is characterised by the specific intent to destroy in whole or in part a national, ethnic, racial or religious group by killing its members or by other means: causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; or forcibly transferring children of the group to another group.
Second, the ICC can prosecute crimes against humanity, which are serious violations committed as part of a large-scale attack against any civilian population. The 15 forms of crimes against humanity listed in the Rome Statute include offences such as murder, rape, imprisonment, enforced disappearances, enslavement – particularly of women and children, sexual slavery, torture, apartheid and deportation.
Third, war crimes which are grave breaches of the Geneva conventions in the context of armed conflict and include, for instance, the use of child soldiers; the killing or torture of persons such as civilians or prisoners of war; intentionally directing attacks against hospitals, historic monuments, or buildings dedicated to religion, education, art, science or charitable purposes.
Finally, the fourth crime falling within the ICC's jurisdiction is the crime of aggression. It is the use of armed force by a State against the sovereignty, integrity or independence of another State. The definition of this crime was adopted through amending the Rome Statute at the first Review Conference of the Statute in Kampala, Uganda, in 2010. For these amendments to enter into force, they must be ratified by at least 30 States and then voted upon by States Parties in 2017.
Source: International Criminal Court
The Geneva Conventions and their Additional Protocols form the core of international humanitarian law, which regulates the conduct of armed conflict and seeks to limit its effects. They protect people not taking part in hostilities and those who are no longer doing so.
Source: ICRC
First, the crime of genocide is characterised by the specific intent to destroy in whole or in part a national, ethnic, racial or religious group by killing its members or by other means: causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; or forcibly transferring children of the group to another group.
Second, the ICC can prosecute crimes against humanity, which are serious violations committed as part of a large-scale attack against any civilian population. The 15 forms of crimes against humanity listed in the Rome Statute include offences such as murder, rape, imprisonment, enforced disappearances, enslavement – particularly of women and children, sexual slavery, torture, apartheid and deportation.
Third, war crimes which are grave breaches of the Geneva conventions in the context of armed conflict and include, for instance, the use of child soldiers; the killing or torture of persons such as civilians or prisoners of war; intentionally directing attacks against hospitals, historic monuments, or buildings dedicated to religion, education, art, science or charitable purposes.
Finally, the fourth crime falling within the ICC's jurisdiction is the crime of aggression. It is the use of armed force by a State against the sovereignty, integrity or independence of another State. The definition of this crime was adopted through amending the Rome Statute at the first Review Conference of the Statute in Kampala, Uganda, in 2010. For these amendments to enter into force, they must be ratified by at least 30 States and then voted upon by States Parties in 2017.
Source: International Criminal Court
The Geneva Conventions and their Additional Protocols form the core of international humanitarian law, which regulates the conduct of armed conflict and seeks to limit its effects. They protect people not taking part in hostilities and those who are no longer doing so.
Source: ICRC
What is the rule of law ?
SDG 16.3 aims to "promote the rule of law at the national and international levels and ensure equal access to justice for all".
According to the World Justice Project, the rule of law is comprised of the following four universal principles:
1. Accountability
The government as well as private actors are accountable under the law.
2. Just Laws
The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.
3. Open Government
The processes by which the laws are enacted, administered, and enforced are accessible, fair, and efficient.
4. Accessible & Impartial Dispute Resolution
Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are accessible, have adequate resources, and reflect the makeup of the communities they serve.
Source: World Justice Project
To read more about the rule of law, you can also read this excellent factsheet from the American Bar Association, Rule of Law Initiative.
According to the World Justice Project, the rule of law is comprised of the following four universal principles:
1. Accountability
The government as well as private actors are accountable under the law.
2. Just Laws
The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.
3. Open Government
The processes by which the laws are enacted, administered, and enforced are accessible, fair, and efficient.
4. Accessible & Impartial Dispute Resolution
Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are accessible, have adequate resources, and reflect the makeup of the communities they serve.
Source: World Justice Project
To read more about the rule of law, you can also read this excellent factsheet from the American Bar Association, Rule of Law Initiative.
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What about humanitarian crises? A humanitarian emergency is an event or series of events that represents a critical threat to the health, safety, security or wellbeing of a community or other large group of people, usually over a wide area. |
VULNERABILITY
A humanitarian emergency arises when such an event affects vulnerable populations who are unable to withstand the negative consequences by themselves. “Vulnerability” refers to a reduced capacity of individuals or groups to resist and recover from life-threatening hazards, and is most often connected to poverty. That is, poor populations are more likely to be more vulnerable to man-made or natural disasters. Within affected communities, typically vulnerable groups include children, pregnant and nursing women, migrants, and displaced people.
TYPES OF CRISES
Armed conflicts, epidemics, famine, natural disasters and other major emergencies may all involve or lead to a humanitarian disaster that extends beyond the mandate or capacity of any single agency. Regardless of the type of disaster, survivors are left in urgent of need of life-saving assistance such as shelter, food, water and health care.
Humanitarian crises can be grouped under the following headings:
- Natural disasters, which can be geophysical (e.g. earthquakes, tsunamis and volcanic eruptions), hydrological (e.g. floods, avalanches), climatological (e.g. droughts), meteorological (e.g. storms, cyclones), or biological (e.g. epidemics, plagues).
- Man-made emergencies, such as armed conflicts, plane and train crashes, fires and industrial accidents.
- Complex emergencies, which often have a combination of natural and man-made elements, and different causes of vulnerability and a combination of factors leads to a humanitarian crisis. Examples include food insecurity, armed conflicts, and displaced populations.
Complex emergencies are typically characterized by:
- Extensive violence and loss of life
- Displacements of populations
- Widespread damage to societies and economies
- The need for large-scale, multi-faceted humanitarian assistance
- The hindrance or prevention of humanitarian assistance by political and military constraints
- Significant security risks for humanitarian relief workers in some areas
Source: Humanitarian Coalition
Protecting those whose protect peace and justice
The “Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms” – aka “The Declaration on human rights defenders”, was adopted in 1999 by the U.N. General Assembly.
It provides for the support and protection of human rights defenders in the context of their work. It does not create new rights but instead articulates existing rights in a way that makes it easier to apply them to the practical role and situation of human rights defenders. It gives attention, for example, to access to funding by organizations of human rights defenders and to the gathering and exchange of information on human rights standards and their violation. The Declaration outlines some specific duties of States and the responsibilities of everyone with regard to defending human rights, in addition to explaining its relationship with national law.
In June 2014, Mr. Michel Forst (France) was appointed by the President of the Human Rights Council as the UN Special Rapporteur on the situation of human rights defenders.
Source: OHCHR
It provides for the support and protection of human rights defenders in the context of their work. It does not create new rights but instead articulates existing rights in a way that makes it easier to apply them to the practical role and situation of human rights defenders. It gives attention, for example, to access to funding by organizations of human rights defenders and to the gathering and exchange of information on human rights standards and their violation. The Declaration outlines some specific duties of States and the responsibilities of everyone with regard to defending human rights, in addition to explaining its relationship with national law.
In June 2014, Mr. Michel Forst (France) was appointed by the President of the Human Rights Council as the UN Special Rapporteur on the situation of human rights defenders.
Source: OHCHR