Geneva, Switzerland and The Hague, The Netherlands, April 17, 2025 — Last week, UpRights’ report “The Congolese Justice System and Crimes Against the Peace and Security of Mankind: Progress, Challenges, and Prospects,” was launched during a high-level workshop co-chaired by TRIAL International and the Congolese Conseil Supérieur de la Magistrature providing a forum to discuss the report’s findings and deepen dialogue on the future of justice in the DRC. 

A Convergence of Diverse Voices 
The workshop brought together a diverse array of stakeholders engaged in the justice sector and fight against impunity in the DRC. Representatives from the country’s military and civilian courts, including magistrates specializing in international crimes, engaged with key officials from the Ministries of Justice, Defense and Human Rights, and other national authorities. The event also welcomed participation from international partners such as the United Nations, diplomatic missions, and the International Criminal Court, along with national and international civil society actors. This broad participation underscored a common understanding: the fight against impunity for international crimes in the DRC can only be achieved through collective reflection and reinforced coordination between judicial authorities, governmental actors, civil society, technical and financial partners. 

Presenting the Study’s Findings 
At the heart of the workshop was the presentation of UpRights report’s conclusions and recommendations—a collaborative effort led jointly by UpRights and TRIAL International. As underscored by the report, despite recorded obstacles and systemic challenges, the Congolese justice system has, since 2004, built a rare body of jurisprudence with over 130 judgments on international crimes. By convening stakeholders from across the justice ecosystem, the workshop sought to raise awareness among participants about the strengths and shortcomings of the Congolese accountability model, promote collective reflection on the necessary steps to strengthen the judiciary’s capacities, but also to provide an open forum to explore opportunities for reinforcing the fight against impunity. 

Exploring Institutional Solutions 
Following an opening ceremony with contributions from the President of the Constitutional Court, the President of the High Council of the Judiciary and the Ambassador of the European Union to the DRC, UpRights provided an in-depth presentation of the study and provided participants with answers to the questions that arose during the presentation. This was followed by collaborative group sessions where participants delved into institutional solutions designed to enhance the fight against impunity. Discussions explored a range of proposals—from establishing a special criminal court and forming mixed or specialized judicial chambers to bolstering international support mechanisms integrated within the national system. 

Participants presented a lively analysis of potential models. One argued that only a dedicated special criminal court could effectively counter political and military interference, while others advocated for specialized mixed chambers, combining civilian and military magistrates, as a more nuanced and cost-effective solution. A prevailing opinion emerged in favor of creating an integrated mechanism within the national judicial framework—one that would harness existing capacities, ensure national ownership, and minimize the costs and delays associated with building a new jurisdiction. The inclusion of international judges within prosecution services and chambers was also seen as a factor in enhancing both independence and credibility, particularly in a context frequently exposed to political pressures. In addition, participants stressed the necessity of rigorous selection, training, and ongoing capacity building for national magistrates to secure impartiality and professionalism. 

Rethinking the Special Criminal Court 
The workshop also addressed the challenges associated with establishing a Special Criminal Court. Although this model is recognized for potentially elevating credibility and addressing high-profile cases, participants expressed concerns about its high cost, the time required to operationalize such a court, and the risk of diminishing national ownership. Many were wary that a separate international tribunal might recreate frustrations experienced with existing international mechanisms that are often perceived as too remote or slow to respond to local realities. The temporary nature of such a mechanism was seen as a significant drawback when it comes to generating enduring reform in the Congolese justice system. 

A Pragmatic, Locally Grounded Approach 
Throughout the workshop, a pragmatic approach emerged as a unifying theme. Rather than attempting to import predefined models, stakeholders emphasized the importance of a nuanced, context-specific analysis to identify the most effective solutions. Drawing on lessons learned from prior initiatives—particularly issues around sovereignty, ownership, and inter-institutional coordination—the participants proposed a “symbiosis” between diverse mechanisms. One promising idea involved linking specialized mixed chambers with a dedicated international support system capable of providing technical, financial, and logistical assistance as well as strategic guidance. 

Coordinated Action for Lasting Impact 
A recurring theme was that coordination is paramount. The success of any judicial reform hinges on robust collaboration among all players—judicial authorities, parliament, government, and civil society, in addition to technical and financial partners. Establishing a framework for continuous dialogue and consultation will be essential to align interests, harmonize visions, and ensure that the future mechanism enjoys broad and sustained ownership. This approach must also incorporate the expertise of military justice, whose experience in prosecuting international crimes is invaluable in this challenging context. 

Looking Ahead 
The workshop served not only as a launchpad for critical insights but also as a catalyst for ongoing reform efforts. By fostering an environment where diverse voices could converge on actionable ideas, the event laid the groundwork for translating research-based recommendations into concrete reforms. As UpRights and TRIAL International continue their collaboration with Congolese institutions and civil society, the outcomes of this workshop will hopefully illuminate the path toward a justice system that is as resilient and credible as it is effective. 

Read UpRights’ report that was launched at the workshop and served as basis for the dialogue— 

• Executive Summary in English

here

• Executive Summary in French

here

• Full Report in French

here

Today, April 8, 2025, TRIAL International, in collaboration with Civitas Maxima, the Center for Justice and Accountability (CJA), the European Center for Constitutional and Human Rights (ECCHR), the International Federation for Human Rights (FIDH), and REDRESS, published the latest edition of the Universal Jurisdiction Annual Review (UJAR).  

Researched and written by UpRights and produced with the financial support of the City of Geneva, the European Union, Oak Foundation, and the Taiwan Foundation for Democracy, the UJAR compiles developments in 95 extraterritorial and universal jurisdiction cases prosecuted in 16 countries, demonstrating that the upward trend in the use of universal jurisdiction to ensure accountability for international crimes continues, despite remaining challenges. 

Universal jurisdiction as a pillar in the fight against impunity 

This eleventh edition of the UJAR testifies to the enduring role of extraterritorial and universal jurisdiction as a central pillar of the global fight against impunity. Notably, 36 new cases were opened or made public in 2024, and 27 suspects were convicted in first instance or on appeal, nearly double the number in 2023. Furthermore, Portugal joined the group of jurisdictions actively prosecuting international crimes committed abroad. Legal reforms on universal jurisdiction were adopted in Germany and Denmark in 2024, that respectively strengthened and enabled the investigation and prosecution of international crimes in the two countries. 

The year also witnessed several positive developments in specific cases. In France, a Court of Appeal confirmed an arrest warrant against former Syrian president Bashar al-Assad. In two other cases related to the former Syrian regime, French judicial authorities confirmed that functional immunities do not apply in international crimes cases and entered convictions in absentia. These cases reflect the continued evolution of the legal framework around immunities and demonstrate that obstacles to accountability can be eroded through legal precedents. In Switzerland, Ousman Sonko, former minister of the interior of The Gambia, was convicted of crimes against humanity and sentenced to 20 years in prison, making him the highest-ranking State official tried under the principle of universal jurisdiction before a European court to date. 

Challenges to the use of universal jurisdiction remain 

At the same time, the report underscores some of the challenges faced in 2024. The failure to open investigations based on extraterritorial or universal jurisdiction into alleged international crimes committed in Gaza has been perceived as a major threat to the legitimacy of international criminal justice. Even in other situations, investigative efforts have yet to yield tangible results, such as in the case of crimes committed during Russia’s full-scale invasion of Ukraine, and calls for accountability do not always translate into action, as has been the case for the documented crimes of the Belarusian regime. 

Meeting the challenges 

Despite these setbacks, the UJAR identifies several initiatives that States and their national prosecution authorities can implement to ensure that victims and survivors of international crimes have access to justice. An important first step is the strengthening of domestic legal frameworks to allow for and facilitate the prosecution of international crimes on the basis of universal jurisdiction. Increased training and resources for specialized international crimes units within domestic prosecution authorities are also essential. 

The response to crimes committed in Syria demonstrates the importance of structural investigations and of the collaboration between civil society organizations – especially victims’ groups – and prosecuting authorities. The response to crimes committed in Ukraine following the full-scale invasion by Russia, demonstrates the potential of a coordinated, mobilized and cooperative international criminal justice. To ensure that victims and survivors have access to justice free from political bias, lessons learned from these responses can and should be applied across all regions affected by international crimes. 

Read the full report here:

Universal Jurisdiction Annual Review – UJAR

The photograph shown on the publication’s cover was made by Bashar Taleb on 7 October 2023 in Gaza City. 

On March 27, 2025, UpRights co-hosted the conference “The Role of Transitional Justice in Ukraine: National and Local Dimensions” in Kyiv, Ukraine. Organized with the National Agency of Ukraine on Civil Service, the High School of Public Governance, The Hague Academy for Local Governance, and supported by the Ministry of Foreign Affairs of the Kingdom of the Netherlands, the conference created a forum for Ukrainian public officials, local government representatives, international partners and civil society organisations to engage in broad and comprehensive discussions on the scope of transitional justice in the Ukrainian context. 

The conference was designed to bring together a range of actors from different sectors to consider how to effectively collaborate on developing a holistic approach to transitional justice in Ukraine.

By bringing together a diverse range of perspectives, including representatives of local government in currently occupied and de-occupied communities, legal experts, public officials and civil society organisations working on providing support and compensation to victims, officials working on public archives, and civil society organisations working on cultural and artistic aspects of memorialisation, the conference provided a comprehensive platform to consider how to integrate transitional justice practices with present and future challenges.

Central to the conference’s vision was the understanding that transitional justice will serve as an important tool for all levels of government in dealing with the past, empowering victims, and promoting reconciliation and social cohesion. In doing so, it highlighted the necessity of building institutional capacity at every level of government—a critical step in ensuring that justice, accountability, and the protection of human rights remain at the forefront of Ukraine’s recovery process. 

Central to the conference’s vision was the understanding that transitional justice will serve as an important tool for all levels of government in dealing with the past, empowering victims, and promoting reconciliation and social cohesion. In doing so, it highlighted the necessity of building institutional capacity at every level of government—a critical step in ensuring that justice, accountability, and the protection of human rights remain at the forefront of Ukraine’s recovery process. 

Background

The journey that culminated in this conference was shaped by longstanding collaborative engagement. In 2024, a training programme for public officials was developed by UpRights, The Hague Academy for Local Governance, the High School of Public Governance, and the National Agency of Ukraine on Civil Service, to provide an introduction to the fundamentals of transitional justice and guidance on its application in the work of local government in de-occupied communities.

Following a successful Training of Trainers week in The Hague in May 2024, which involved 16 representatives of various Ukrainian ministries and local administrations, six interactive online modules and a series of live follow-up workshops in different regions of Ukraine, including Kharkiv, Kherson and Kyiv, equipped over 250 civil servants with basic concepts and practical tools for addressing conflict-related harms using transitional justice approaches. These efforts laid a robust foundation that enriched the discussions at the conference.  

Findings 

Opening speakers reflected on the complexity of developing transitional justice responses in Ukraine and the need to ensure that policies are embedded within the particularities of the Ukrainian context. Questions arose as to how transitional justice is, in fact, applicable in Ukraine – is it since the beginning of the full-scale invasion, during the occupation of Crimea, or as far back as Ukraine’s transition to a democratic society following the dissolution of the USSR. It was highlighted that whatever manner transitional justice does take in Ukraine; it must be Ukrainian actors taking the lead on defining its role.

There was recognition, in this regard, that whatever lies ahead, transitional justice must extend well beyond the realm of criminal accountability, emphasizing its vital role in multiple sectors, from providing reparations, delivering victim support, ensuring transparent and accountable institutions to memorializing past atrocities. 

The subsequent panel considered how local governments perceive and implement transitional justice particularly in conflict-affected communities. This session brought together local actors from diverse regions, who provided detailed accounts of the operational challenges they face in their communities.

They described the rapid reactivation of administrative service centers in the wake of conflict, the substantial logistical challenges posed by supporting and integrating internally displaced persons in host communities, the need for compensation mechanisms tailored to the needs of rural populations, and challenges to the social cohesion of communities in the aftermath of occupation.

These accounts illustrated how the principles of transitional justice are not just theoretical but can be actively integrated into everyday governance.  

Subsequent sessions explored developments and continuing challenges in the provision of support to and compensation for victims, in particular victims of conflict-related sexual violence, as well as the issue of documentation for the purposes of accountability and memorialisation, providing a detailed overview of the extensive efforts underway to record and preserve the evidence of war crimes and human rights violations. Experts explained how these documentation efforts are designed not only to support ongoing legal proceedings but also to serve as a long-term repository of the country’s collective memory.

The discussion highlighted that memorialisation goes far beyond the erection of physical monuments; it encompasses a range of practices—from educational initiatives and public commemorations to creative cultural expressions—that together foster a resilient public narrative. 

In closing reflections, both Ukrainian institutions and international partners reaffirmed their commitment to the long-term integration of transitional justice into public policy. The final remarks underscored that the comprehensive discussions and practical insights shared throughout the conference would serve as the basis for future capacity-building efforts and policy innovations. The conference did not mark an endpoint but rather a basis for continued engagement across sectors, one that envisions a future where justice and human rights form the bedrock of Ukraine’s recovery and development.

Finally, participants noted the importance of the creation of a forum in which Ukrainians both lead discussions and engage in conversations directly with each other, including different sectors of Government and civil society. While access to international experts remains a critical component of building successful domestic policies, it is of particular importance that national actors are provided the opportunity to discuss and ultimately lead on decision making concerning the scope, applicability and implementation relating to this important topic.  

—

‘Restoring Dignity and Justice in Ukraine’
This project is part of the ‘Restoring Dignity and Justice in Ukraine’ programme, focusing on advancing accountability for international crimes committed in Ukraine. The full programme is funded by the Netherlands Ministry of Foreign Affairs and is implemented by the International Development Law Organisation (IDLO), in partnership with the T.M.C. Asser Institute, the Center for International Legal Cooperation (CILC), and the Netherlands Helsinki Committee (NHC).  

The project aims at institutional strengthening and capacity development needs of various parties in Ukraine dealing with international crimes: prosecutors, police, judges, as well as journalists and civil society organisations. We believe that with the support of the international community, Ukraine can advance accountability for these crimes. 

(Geneva, Switzerland and The Hague, The Netherlands, April 1st, 2025) – UpRights, in collaboration with TRIAL International in the framework of the “Global Initiative Against Impunity : Making Justice Work” and with the support of the Congolese Conseil supérieur de la magistrature, has published a comprehensive report on the fight against impunity for international crimes in the Democratic Republic of the Congo (DRC). This release comes at a critical moment, as the country faces a convergence of security, political and judicial challenges, with the escalating conflict in eastern DRC and massive human rights abuses committed by the M23 armed group and other parties to the conflict. The report provides a timely reminder that, despite significant challenges, the Congolese justice system has the capacity to effectively combat impunity for international crimes and that various institutional solutions may be deployed to strengthen the system and preserve its progress.  

—

The report highlights the remarkable, yet fragile, progress made by the Congolese judicial system over the past two decades in prosecuting international crimes. Since 2004, Congolese military and civilian courts have issued more than 130 judgments on international crimes, a record rarely matched by national jurisdictions worldwide in such challenging conditions. Legal reasoning and judicial expertise have improved, and some cases have involved high-ranking officials. These advances stem from a unique accountability model centered on a strong legal framework, a national policy to make combatting impunity a priority and provincial prosecutorial strategies, and crucial support by international actors and civil society which have played a key role in documenting crimes, strengthening judicial capacities, and supporting victims.  

However, the Congolese justice system faces deep structural challenges as most past and current crimes continue to go unpunished and the highest levels of political and military leadership largely remain shielded from responsibility. The continued dominance of military courts over civilian jurisdictions, the death penalty, and the chronic failure to enforce reparations for victims undermine the credibility and effectiveness of prosecutions. Political interference, corruption, and severe underfunding further weaken judicial independence, while international support, though essential, remains fragmented and lacks strategic coordination, especially as the UN peacekeeping mission withdraws from the country. 

To address these issues, the report provides concrete recommendations, including the abolition of the death penalty, stronger guarantees for judicial independence and the enforcement of judicial reparations. The report recommends a more active strategy for complementarity on the part of the International Criminal Court. It also recommends the establishment of an enhanced international support mechanism to provide strategic, technical, and financial assistance to the Congolese jurisdictions, as well as to new judicial institutions that might be established by the Congolese government to address past and future international crimes. 

The future of justice in the DRC depends on urgent national and international action. The continued fight against impunity requires a strong commitment from Congolese authorities and lasting international support adapted to the evolving political and security landscape. As violence surges in the East of the country, the Congolese government and the international community must seize this opportunity to invest in a justice system that delivers for victims and promotes lasting stability. 

  • Read the Executive Summary in English here
  • Read the Executive Summary in French here
  • Read the full Report in French here

UpRights is a non-profit organization composed of international lawyers and human rights practitioners with expertise in international criminal, humanitarian and human rights law. Recognizing that achieving lasting change requires both addressing violations and strengthening the structures that prevent future abuses, UpRights works directly with local partners and supports international organizations, governments and civil society in building transparent, rule of law-based societies.  

TRIAL International is fighting impunity for core international crimes by using strategic litigation before various national and international jurisdictions, supporting victims in their quest for justice. Over the past 20 years, the organization has been providing legal assistance to survivors of atrocity crimes, building and litigating strategic cases, developing local capacity and pushing the human rights agenda forward. 

This publication was conducted under the auspices and with the overarching support of the DRC’s Conseil supérieur de la magistrature (CSM).  

This publication was co-funded by the European Union within the framework of the “Global Initiative Against Impunity : Making Justice Work”. The content of the publication and of the press release are the sole responsibility of UpRights and TRIAL International and do not necessarily reflect the views of the European Union.  

Berlin/The Hague/Turin, 5 March 2025. Following an urgent request by UpRights, StraLi, and SOS Humanity, the United Nations Human Rights Committee has, for the first time, ordered Malta to take immediate action to fulfill its obligations under international law. The Committee instructed Malta on 4 March 2025 to urgently coordinate a search and rescue operation for 32 individuals who have been in distress for four days near and on the Miskar gas platform. Malta must also ensure their disembarkation in a place of safety. 

On 1 March 2025, the emergency hotline Alarm Phone was alerted about a severe case of distress at sea: 32 people, including several minors and 2 children, reported to be in distress on an unseaworthy rubber boat in the overlap of the Maltese and Tunisian search and rescue zones. Although Alarm Phone relayed the alerts to the Tunisian, Maltese, and Italian authorities, none of the responsible authorities coordinated a search and rescue operation in compliance with their legal duties. Malta’s neglect to coordinate and rescue people from distress is a systematic pattern by which people’s lives are put at risk.

On 3 March 2025, the organisations UpRights, StraLi, and SOS Humanity jointly submitted a request for interim measures to the United Nations Human Rights Committee on behalf of the persons in distress. The request urges Malta to take all necessary measures to coordinate a search and rescue operation and to ensure that the individuals in distress are rescued and disembarked at the nearest place of safety. Malta did not react to any communication concerning the distress case despite being ordered to coordinate search and rescue by the UN Human Rights Committee.

“As a search and rescue organisation, we have been witnessing Malta’s deadly policy of non-assistance for many years,” says Mirka Schäfer, political spokesperson for SOS Humanity. “Time and again, Maltese authorities have refused to coordinate search and rescue operations with our rescue ship Humanity 1, even going so far as to hang up or play music when we call. Malta must be held accountable for behaviours of non-assistance and violation of the non-refoulement principle.”

The people had departed from Zuwara, Libya, on an unseaworthy rubber boat. “The people were already in a critical condition when they contacted us. They have been without food for days and had to endure severe winds and strong currents,” Sophie-Anne Bisiaux from Alarm Phone explains. “They  told us that one person had already died at sea. Later they reported that the remaining survivors were stranded on the gas platform Miskar”. The platform is located in the Gulf of Gabès, in international waters within the overlap of the Maltese and Tunisian search and rescue zones. In the afternoon on 4 March, the rescue vessel Aurora, operated by Sea-Watch, finally rescued the 32 persons. 

The submission to the UN Human Rights Committee was made on behalf of the 32 persons in distress, urging it to issue interim measures requiring Malta to prevent imminent and irreparable harm to the right to life and the prohibition of torture and other forms of ill-treatment (Articles 6 and 7) enshrined in the International Covenant on Civil and Political Rights (ICCPR).

“According to international human rights and maritime laws, Malta must coordinate search and rescue operations in its search and rescue zone,” says Serena Zanirato from StraLi. “This also entails ensuring that people rescued from distress are disembarked in a place of safety where their fundamental rights and the principle of non-refoulement are respected.” 

Yesterday, 4 March 2025 at 11:29 a.m. (CET), the UN Human Rights Committee issued a decision requesting Malta to take all measures necessary to coordinate a search and rescue operation to rescue the 32 persons in distress “to ensure that they are not disembarked in a place where they will be at risk of torture and other forms of ill-treatment or risk to their life”. The decision by the Committee is legally binding and requests Malta to inform them about the measures taken.

“We strongly welcome the Human Rights Committee’s response which is a crucial decision urging Malta to uphold its obligations under international law,” comments Valérie Gabard, co-Director of UpRights. “It is very concerning that the Maltese authorities did not react at any point despite the decision of the Committee. The decision recalls once again that Malta must adhere to its duty to coordinate rescues in its search and rescue zone. We demand that Malta ensures that people in distress are rescued and disembarked in a place of safety.”

 

Press contacts:

Wasil Schauseil, press@sos-humanity.org, SOS Humanity

Miriam Corgiat, info@strali.org, StraLi

Valérie Gabard, info@uprights.eu, UpRights

Sophie-Anne Bisiaux, Contact@alarmphone.org, Alarm Phone 



UpRights is pleased to continue its collaboration with Global Standard, the nonprofit behind the Global Organic Textile Standard (GOTS), on a new project supported by an ISEAL Innovations Fund Impulse Grant. This project involves developing a continuous learning policy and training programme for GOTS auditors on Due Diligence.  

The course aims to equip auditors with the knowledge and skills they need to keep up to date with developments in human rights due diligence within the textile industry. 

As human rights due diligence gains momentum, auditors’ roles are becoming more pivotal in fostering responsible business conduct, incentivising continuous improvement, and helping companies build enduring, trustworthy relationships with consumers, workers, and communities. 

Read Global Standard’s official press release here

UpRights is pleased to welcome the publication of ILGA-Europe’s Annual Review of the Human Rights Situation of LGBTI People in Europe and Central Asia. This vital document, for which UpRights provided drafting support, offers a comprehensive overview of the human rights landscape for LGBTI communities across the region. More than a mere compilation of events, the Review serves as a barometer for the broader state of human rights and democratic principles in Europe and Central Asia. 

As the 2024 Annual Review reveals, the erosion of LGBTI rights is often an early warning sign of wider democratic backsliding. Restrictive policies targeting LGBTI communities do not exist in a vacuum. They are frequently accompanied by broader attacks on civil liberties, freedom of expression, and judicial independence. The patterns observed across different countries demonstrate that when fundamental rights are undermined in one sphere, it creates ripple effects that threaten the rights and freedoms of all individuals. 

Nonetheless, ILGA-Europe’s report seeks to serve as a strategic resource for governments, activists, and policymakers seeking to reverse these troubling trends. By documenting progress, identifying risks, and sharing effective strategies, it offers a roadmap for reinforcing protections for LGBTI people across diverse legal and political landscapes. This collaborative approach underscores the necessity of engagement, showing that change is possible when civil society and institutions work together. 

UpRights remains steadfast in its commitment to amplifying LGBTI voices and reinforcing human rights protections at every level. As highlighted in the Annual Review, meaningful progress depends on strong alliances between civil society, international institutions, and national governments.  

Ensuring that LGBTI rights are respected is not merely a matter of policy but a reflection of a society’s dedication to justice and equality. The events of 2024 remind us that while significant progress has been made, there is no room for complacency. UpRights’ work therefore supports ILGA’s conclusion that fostering dialogue, sharing best practices, and holding institutions accountable remain essential to resisting regression and working toward a future where all individuals, regardless of their gender identity or sexual orientation, enjoy full and equal rights. 

Read the full report here: https://www.ilga-europe.org/report/annual-review-2025/ 

UpRights’ Legal Researcher Nurul M. Azmi and Legal Adviser Ciara Laverty examine legal questions arising from Ukraine’s capture of North Korean soldiers fighting alongside Russian forces in a new post for OpinioJuris. The post provides an in-depth exploration of the legal framework governing the transfer or repatriation of North Korean soldiers captured by Ukraine under international humanitarian and human rights law, exploring the possible barriers to their repatriation and options for their accommodation in Ukraine or transfer to a neutral third state. 

The Third Geneva Convention imposes obligations on detaining powers to repatriate certain categories of prisoners of war (POWs) while hostilities are ongoing, and to release and repatriate all POWs once hostilities have ceased. The Ukrainian authorities have also indicated that they would be open to returning the POWs to North Korea in exchange for Ukrainian POWs detained in Russia prior to the cessation of hostilities. 

The blogpost outlines how, in the context of North Korea, the potential repatriation of POWs is nevertheless complicated by the principle of non-refoulement, which prohibits the return of individuals to states where they face a credible risk of serious violations of fundamental rights, such as torture, persecution, or other ill-treatment, as well as by the possibility that POWs may not wish to return to North Korea. 

The post therefore also considers possible alternatives to the repatriation or exchange of North Korean POWs.  It outlines how accommodation in Ukraine, under the framework of the Fourth Geneva Convention and refugee law, may be one option for POWs who do not wish to return to North Korea or where issues of non-refoulement prevent their return. It also explores the possibility of transferring POWs to neutral third countries, such as South Korea, which has indicated that it may be open to receiving North Korean POWs, should they seek resettlement. 

Given the nature of the North Korean state, the post stresses that it will be important to account for the risks that POWs may face if returned to North Korea and ensure that any decisions are made and implemented in compliance with Ukraine’s obligations under the Third Geneva Convention and international human rights law. 

Read the full analysis on OpinioJuris here

On Monday 2 December, Amnesty International submitted a legal filing, to which UpRights provided legal and drafting support, to the President of the Pre-Trial Chamber of the International Criminal Court (ICC) on behalf of several victims’ networks in northern Nigeria, including the Jire Dole Mothers and the Knifar Movement networks.  

 

The submission requests that the Pre-Trial Chamber take action to bring the Prosecutor into compliance with their legal obligation under Article 15(3) of the Rome Statute to open an investigation into the situation in Nigeria.  

This filing responds to the unprecedented situation created by the Prosecutor in relation to the situation in Nigeria at the ICC. The Office of the Prosecutor (OTP) opened a preliminary examination into the situation in Nigeria in 2010. In 2020, the Prosecutor closed the preliminary examination, concluding that the statutory criteria for opening an investigation had been met. Despite this conclusion and now four years later, the OTP has nevertheless taken no action to request the opening of an investigation, leaving Nigeria in an unprecedented legal ‘limbo’ between these two stages of the ICC judicial process. 

Ten years of preliminary examination followed by a public announcement in 2020 that the criteria for opening an investigation had been met has given rise to significant and legitimate expectations among victims and affected communities in Nigeria. Four years later, victims and survivors of the conflict have been left with no explanation or certainty as to the Prosecutor’s next steps, while their rights to truth, justice and reparations remain on indefinite hold.  

In this filing, Amnesty International and UpRights submit that, in failing to request authorization to open an investigation in Nigeria, the Prosecutor is acting inconsistently with their legal obligation under Article 15(3) of the Rome Statute. The submission outlines how the language and structure of Article 15 make clear that, once the Prosecutor has concluded that there is a reasonable basis to proceed with an investigation, they are under a legal obligation to request authorisation from the Pre-Trial Chamber to do so. The submission argues that such authorisation should have been requested immediately after, or at a minimum, within a reasonable time after, the Prosecutor reached the conclusion that the criteria to open an investigation had been met. The submission further outlines how the legal obligation imposed on the Prosecutor under Article 15(3) is consistent with internationally recognized human rights, including the rights of victims to truth, justice and reparations, and to be informed about the status and progress of criminal proceedings. 

 

UpRights is glad to support this critical submission and endorses its call for investigating and prosecuting the crimes committed in northeast Nigeria since 2009. 

You can read the submission here. 

Overview

 

The conflict in Ukraine has impacted all levels of society in fundamental ways. To assist in addressing emerging challenges, the Dutch Ministry of Foreign Affairs has established the program “Restoring Dignity and Justice in Ukraine”, implemented by the International Development Law Organization, to provide relevant support and strengthen the capacities of various parties dealing with international crimes in Ukraine.

As part of this initiative, UpRights, the Hague Academy for Local Governance and the T.M.C. Asser Instituut collaborated with the Ukrainian High School of Public Governance to develop a transitional justice training to assist Ukrainian civil servants in responding to harms arising from the conflict. The program was created in response to a demand by Ukrainian civil servants to better understand transitional justice and its role in supporting the provision of government services.

The online training includes six modules focused on the fundamentals of transitional justice and its potential to support local government working in de-occupied communities throughout Ukraine. To date, the training has been taken by close to a hundred civil servants and has led to follow up workshops focused on specialized topics including compensation and reparations, working with victims, sexual and gender-based violence and the restoration of public services in de-occupied communities. Encouraged by strong engagement and concrete outcomes, the implementing partners intend to deepen their collaboration and extend the reach of the program in 2025, ensuring it continues to meet the evolving needs of the Ukrainian society.

 

Activities

 

In early 2024, a comprehensive needs assessment, which included interviews with government officials, civil society representatives, international experts, and academics, set out challenges faced by civil servants and opportunities for transitional justice practices to support their efforts. The assessment found that while criminal accountability was often the primary focus of attention, government actors needed support to address other challenges arising from the conflict including reparations, reconciliation, the restoration of public services, mistrust in returning authorities and the conditions of victims and IDPs.

Following this assessment, a series of online modules was developed to provide training on the fundamentals of transitional justice and its specific application in de-occupied communities. Building upon this initial phase, in May 2024, 16 Ukrainian civil servants from national, regional and local government bodies took part in a weeklong training of trainers in The Hague, Netherlands to bridge connections between different sectors of government and build the capacity of the attendees to deliver the transitional justice training to their colleagues.  As noted by a participant in The Hague, “We are all traumatized by the war. […] We are traumatized but we are ready to work on transitional justice, we are ready to speak about transitional justice and promote the concept further.”

The results of the week-long training of trainers were incorporated into a final training course of six modules, split between core transitional justice principles and practices and modules designed to support government working in de-occupied communities to restore public services, work with victims, and promote dialogue and reconciliation. These topics were selected in part based on feedback from participants: “My obligation would be to provide safety and avoid retraumatization, fostering equality, non-discrimination, and inclusion for victims.” 

 

Outcomes

 

In September 2024, the online training was made available to all civil servants in Ukraine and, since the commencement of its rollout, close to a hundred civil servants have completed it.

Further, government officials, including some of whom attended the training in The Hague, have organized live workshops for hundreds of their colleagues which build on the online content. These workshops have been held in Kyiv and in de-occupied communities in the Kherson and Kharkiv regions. They have focused on a number of specialized topics including support to victims and IDPs, compensation for damages, approaches to preventing and addressing conflict-related sexual violence, and memorialization and documentation of the ongoing conflict.

Critically, the creation and implementation of the online course has produced increased cooperation between different sectors of government to implement transitional justice principles and practices into their daily work. As noted by a government partner, “There is a need for international cooperation that would allow us to reach all concerned groups, from high level officials to any other role in civil society institutions.” UpRights, The Hague Academy and T.M.C. Asser Instituut continue to support these workshops through the provision of tailored training and reference materials based on feedback from trainers and participants.

 

Next Steps

 

In 2025, this initiative is expected to grow further, with a natural continuation of the training through additional workshops and the development of a supplementary online module, which will be developed to expand on the current content following consultations with Ukrainian government officials.

Describing their hopes for the future, a participant stated that “we understand that the practical implementation of this training course will help improve the situation in our country. Each of the participants has their own experience which is of utmost importance to overcome the conflict in Ukraine and guarantee that similar situations do not take place anywhere else in the world.”

 

 

This project is part of the ‘Restoring Dignity and Justice in Ukraine’ consortium programme, focusing on advancing accountability for international crimes committed in Ukraine. The programme is funded by the Dutch Ministry of Foreign Affairs and is implemented by the International Development Law Organisation (IDLO), in partnership with the T.M.C. Asser Instituut, the Center for International Legal Cooperation (CILC), and the Netherlands Helsinki Committee (NHC).  The project aims at institutional strengthening and capacity development needs of the key parties in Ukraine dealing with international crimes: prosecutors, police, judges, as well as journalists and civil society organisations. We believe that with the support of the international community, Ukraine can advance accountability for these crimes.