On November 21st and 22nd, 2023, UpRights’ Co-Directors Valerie Gabard and Asa Solway, along with Senior Legal Advisor David Kinnecome, participated in a series of events organized to facilitate knowledge exchange among legal experts and enhance the capacity of Ukrainian judges in the realm of international criminal law.

On November 21st, Valérie and Asa engaged in a thought-provoking session promoted by the T.M.C Asser Instituut focusing on judgement drafting in international crimes cases. The discussion began with their relevant experience at international criminal tribunals and then moved to a specific discussion of Article 438 of the Ukrainian Criminal Code and the issues related to the applicability of international criminal law in light of its blanket provision concerning war crimes.

The presentation integrated insights from the Benchbook on the Adjudication of International Crimes in Ukraine, a resource crafted by Ukrainian judges, UpRights, and Global Rights Compliance in close cooperation with the Ukrainian Supreme Court, the National School of Judges of Ukraine and with the support of USAID and the Matra Project to aid judges in the interpretation and application of relevant domestic offenses.

On November 22nd, in a separate workshop, David Kinnecome, UpRights’ Senior Legal Advisor, joined Valérie and Asa for a workshop on comparative law organized by the USAID Justice for All Activity as part of the Inter-University Programme on International Criminal Law and Procedure for Ukrainian Law Schools (IUP-UA).

The workshop provided a platform for Ukrainian law faculties to engage in in-depth discussions on issues related to international criminal law as applied in Ukraine. The trio’s presentation covered a spectrum of topics, including the role of international law in adjudicating war crimes cases under Article 438 of the Criminal Code of Ukraine and they also explored aspects of in-absentia trials and the admission and assessment of digital evidence, drawing where relevant from the practice of international tribunals.

UpRights is pleased to support the organisations’ commitment to promoting knowledge-sharing in international justice. Read more about these visits here, about the IUP-UA Project here and read the Benchbook on the Adjudication of International Crimes.

UpRights is thrilled to announce a significant achievement in our ongoing partnership with the Global Organic Textile Standard (GOTS). In order to support more sustainable and ethical business practices in the textile industry, UpRights assisted GOTS in the creation of the GOTS Due Diligence Handbook for Certified Entities. This document will strengthen GOTS’ existing frameworks to ensure Certified Entities incorporate effective due diligence into their operations while bringing GOTS closer to the Organisation for Economic Co-operation and Development’s (OECD) frameworks.

GOTS’ Due Diligence Handbook for Certified Entities complements the most recent Standard and Implementation Manual, released in March 2023 with support from UpRights. The Standard and Implementation Manual’s criteria pertaining to the environment, chemical input, social and human rights, and governance, are now supplemented with a comprehensive due diligence management process.

GOTS’ criteria and due diligence are now also brought closer to the OECD’s comprehensive international framework for due diligence for responsible supply chains in the garment and footwear sector. This is part of a rigorous alignment assessment process, which is supported by the German Federal Ministry for Economic Cooperation and Development, and which began in July 2023 and is expected to go into 2024.

The result will assist and empower all GOTS Certified Entities to conduct effective due diligence, tailored to the unique circumstances of each entity. This is set out in a practical, six-step process to proactively address risk of harm and adverse impacts to human rights and the environment. It is a roadmap to identify; prevent; track; communicate; and remedy those adverse impacts within Certified Entities’ operations and supply chains. With cooperation among Certified Entities and working with the entire supply chain, from raw fibre harvesting, through responsible manufacturing, up to labelling to provide credible assurance to end consumers.

UpRights looks forward to continuing its cooperation with GOTS through the development of further instruments and training for GOTS Approved Certification Bodies and Auditors. Most of all we look forward to witnessing the positive impact of these efforts as companies strive to uphold human rights and environmental responsibility.

In 2023, UpRights and The Hague Academy for Local Governance developed a Training of Trainers on transitional justice, as well as an interactive online training, for Ukrainian civil servants. In recognition of the International Day of Peace on September 21st, UpRights’ co-director, Asa Solway, discussed with the Hague Academy the importance of transitional justice processes in Ukraine including in light of the full-scale Russian invasion of Ukraine.

Asa observed that the training is intended to serve as a toolkit designed to help societies confront the aftermath of large-scale past conflicts, repressions, violations, or abuses. In this regard, transitional justice is composed of different processes designed to address challenges that arise during and following conflict and periods of serious human rights abuses to ensure justice and accountability, strengthen the rule of law and promote reconciliation through a victim-centered approach.

Asa observed that the situation in Ukraine faces a plurality of conflict-related challenges that, viewed through these lenses, can be addressed through transitional justice processes including by giving voice to those most affected. He further noted that although peace requires long-term commitment, communities will have the best chance to begin to rebuild while focusing on those most vulnerable if an organised approach is taken that rooted in the rule of law.

Read the full interview here and read the Benchbook on the Adjudication of International Crimes

On July 12, 2023, UpRights Co-Director Valérie Gabard led the 11h lecture of the Summer School on International Criminal Justice organised by the University of Amsterdam. The Summer School examines the juridical and empirical sides of mass atrocities, striving to give its attendees a better understanding of the nature of international crimes, of their perpetrators and of the role of the international community in pursuing international justice.

UpRights provided students with a lecture on the role of civil society to fill the accountability gap for international crimes. Notably, while international tribunals played an undeniable role in holding perpetrators accountable, international actors like civil society and victim representatives have progressively attempted to mend the limitations of the current international legal order.

To illustrate the creative ways in which civil society organizations at the national and international level are trying to assist to fill this accountability gap, Valérie Gabard discussed the important role of civil society organizations in documenting international crimes and preserving evidence, highlighting in particular the best practices to ensure the efficacy of the documentation and the importance of employing creative legal thinking to assist victims in their quest for justice.

On July 5, 2023, UpRights conducted a workshop for judges and prosecutors from French-speaking African countries in the context of the high-level training programme on international criminal law and transnational criminal law organised by the T.M.C. Asser Instituut, the Antonio Cassese Initiative, and the International Nuremberg Principles Academy.

The workshop aimed at strengthening domestic legal capacity to prosecute international and transnational crimes. UpRights’ Co-Director Valérie Gabard delivered an interactive presentation on investigating conflict-related sexual violence, allowing participants to engage in active discussions concerning its scope and implications in the context of warcrimes and crimes against humanity. The exercise centered on prosecuting international crimes in the context of the fight against terrorism, with a particular emphasis on sexual and gender-based violence.

The course was developed to equip judges and prosecutors with practical skills, tools, and knowledge necessary to address international and transnational crimes effectively. Essential topics covered included the elements of these crimes, modes of liability, strategic planning for investigations, and ensuring the protection of victims and witnesses. By establishing a robust regional and international network, this training program seeks to enhance cooperation among national and international judiciaries and facilitate effective collaboration with the International Criminal Court (ICC) and other judicial bodies.

On June 22nd, UpRights took part in the presentation of the Benchbook on the Adjudication of International Crimes under Ukrainian Domestic Law. Building upon a judicial need assessment promoted by the USAID Justice for All Activity in July 2022, the Benchbook was developed in close cooperation with the Ukrainian Supreme Court and the National School of Judges of Ukraine by Ukrainian judges, UpRights and Global Rights Compliance supported by MATRA-Ukraine Project.

Since the start of the war on February 24, 2022, Ukrainian courts have received 124 war crimes cases rendering 33 judgments with 91 cases currently pending. Having acknowledged the necessity for the Ukrainian judicial system to prosecute and judge an increasing amount of war crimes, the Benchbook was created to provide judges with a structured framework to adjudicate international crimes in accordance with international and domestic norms and procedures.

By compiling relevant international legal sources, including international treaties, judicial decisions, and academic commentaries, and evaluating their applicability at the domestic level in the context of international crimes, the publication aims to assist judges in the interpretation and application of the relevant domestic offences. The Benchbook is designed to help promote accountability for international crimes by providing critical support to judicial processes at the national level, strengthening the legal framework and increasing the capacity of courts to draft high-quality and well-reasoned judgments in international crimes cases.

UpRights contribution to the drafting of this important document is intended to help address the growing number of criminal proceedings being registered, classified and adjudicated in the Ukrainian context in order to support the important work of the National School of Judges in pursuing the administration of justice for international crimes.

On 13 June, UpRights will lead a training on the promotion of human rights for participants of the Matra Rule of Law Training Programme led by the Netherlands Helsinki Committee, the Leiden Law School, and The Hague Academy for Local Governance. The Programme is an initiative aimed at strengthening the rule of law for officials of national governments. Through the training program participants gain practical skills and knowledge on rule of law themes and obtain the necessary tools to implement human rights standards effectively.

UpRights will provide an overview on the role of international human rights law in the effective documentation of human rights violations. Participants will interactively engage on issues relating to the cooperation between national actors and NGOs to safeguard fundamental rights.

Participants will also reflect on specific challenges in their own countries to identify areas for reform and exchange practices with peers to mutually enhance their knowledge in developing sustainable policies for rights protection. By providing participants with an overview of mechanisms and policies that can be employed to implement internationally agreed standards, the training programme empowers them to implement the newly gained knowledge and insights in their respective organisations.

UpRights is pleased to announce its participation to the upcoming Peace&Justice Café event organised by The Hague Humanity Hub in collaboration with The Hague Institute for the Innovation of Law.

The event, as part of Hague Justice Week, will focus on the concept of “People-Centred Justice” which is an idea that emphasizes the necessity, for legal practices and systems, to become evidence-based, outcome-oriented, and accessible to the people they serve. The Peace&Justice Café is a fundamental networking event for human rights professional that fosters and strengthens the collaboration towards a more just world, providing us with the opportunity to collectively come up with concrete solutions to tackle today’s complex and urgent problems. Launched by the Hague Humanity Hub in collaboration with the Municipality of The Hague and The Hague Institute for the Innovation of Law, the event brings together peacebuilders, justice innovators, researchers, humanitarians, impact entrepreneurs, policymakers, and other changemakers from The Hague and beyond to foster an environment of profitable exchange and mutual enriching.

The Peace&Justice Café is based on the “roundabout” sessions: a series of small-scale, interactive and informative discussions aimed at providing an environment for conversation and information sharing among the participants.

Through their contribution, UpRights co-directors and founders Valérie Gabard and Asa Solway will underline the importance of employing an inclusive and people-centred approach to using international law to promote human rights and ensure accountability for serious human rights violations. They will consider the opportunities and challenges in employing international law to empower local and national actors to promote human rights by exploring practical examples of its implementation in the pursuit of justice. Alongside the active engagement of the participants, the session will provide the opportunity to discuss innovative legal pathways, strategies to build partnerships and lessons learned from employing people-centred justice in the context of international law.

Meet us at the Peace&Justice Café on June 8 by registering here and join the conversation!

The International Criminal Court must investigate war crimes against migrants and asylum seekers detained in Libya committed by Libyan armed groups and officials with the support of Italian and Maltese Authorities

(The Hague, Paris, Turin) 18 January 2022 – Yesterday, Adala for All, StraLi, and UpRights filed a Communication to the International Criminal Court (ICC) concerning crimes committed in Libya between 2017 and 2021 against migrants and asylum seekers which may amount to war crimes within the jurisdiction of the court. The Communication requests the ICC to investigate international crimes committed by Libyan armed groups against thousands of migrants, including women and children, trapped in detention centres in Libya following their interception at sea. Once returned to Libya, the victims were routinely and systematically subjected to various forms of mistreatments and abuse including murder, torture, rape, forced labour and forced conscription. The Communication underlines that the ICC Prosecutor should scrutinize, in addition to Libyan actors, the potential criminal conduct of Italian and Maltese authorities and officials for the support they provided to Libyan actors.

Since the Revolution of 2011, Libya has been subject to ongoing armed conflict and political instability. Armed groups have dominated smuggling and trafficking throughout the country and developed a predatory economy in which migrants are intercepted at sea during their journey to Europe, returned to Libya and placed in detention centres in which they are systematically subjected to serious abuses. Actors involved in the commission of these alleged crimes include members of armed groups in control of detention centres, acting under the nominal authority of Libyan authorities, as well as the Libyan Coast Guard and the Department Combatting Illegal Migration under the Ministry of Interior.

The crimes committed against migrants and asylum seekers qualify and should be investigated as war crimes under Article 8 of the ICC Statute. Members of armed groups, taking direct part in ongoing hostilities in Libya, have subjected migrants intercepted at sea to numerous abuses in detention centres under their control including murder, torture and/or cruel treatment, forced labour, hostage-taking, and various forms of sexual violence including rape and sexual slavery. The Communication submits that these acts meet the threshold necessary for war crimes as they took place in the context of and were associated with the ongoing armed conflict in Libya. Additionally, these crimes qualify as crimes against humanity under Article 7 of the ICC Statute.

The need to investigate and ensure accountability is heightened by the fact that a number of European authorities, including Italian and Maltese nationals, have facilitated the return of migrants to Libya leading to their detention and subsequent mistreatment. As observed by Ramadan Amani from Adala for All, “Crimes committed against migrants in Libya represent an emerging ‘pocket of impunity’ at the border of Europe which has become increasingly and openly accepted by the international community despite the massive amount of evidence of pervasive international crimes on Europe’s doorstep. Available evidence clearly points to responsibilities within Europe.”

Between 2017 and 2021, Italian authorities and officials provided crucial support to the Libyan Coast Guard to intercept migrants at sea and return them to detention centres including the provision of assets, equipment, maintenance and trainings. Italian and Maltese officials closely coordinated with the Libyan Coast Guard on rescue operations to ensure that migrants at sea would be intercepted and returned to Libya. The communication submits that the support provided by the Italian and Maltese authorities to the Libyan Coast Guard qualifies as a form of contribution to the crimes committed against migrants in detention centres and triggers international criminal responsibility under the ICC Statute.

Alessandro Pizzuti, co-founder of UpRights, underlines that “crimes committed against migrants in Libya differ from past atrocities generally addressed by international criminal courts and tribunals. In Libya the parties to the conflict target migrants because they are perceived as a crucial asset to advance their political and military objectives. To meet the new challenges that the world is facing, it is indispensable that the international criminal court provide robust responses to these new factual scenarios and dynamics”

The submitting organizations reiterate the need for investigation and potential prosecution of all relevant actors outlined in the Communication. As observed by Nicolò Bussolati, vice-President of StraLi, “the Communication requests the ICC to undertake an investigation and take an important first step to ensure that crimes related to migration, traditionally under the purview of human rights and refugee law, are scrutinized through the lens of international criminal law”.

For more information, please contact Alessandro Pizzuti: a.pizzuti@uprights.org

Read the Executive Summary of the ICC Communication and the Press Release.

About the Organizations

Adala For All is a not-for-profit organization, based in France, and composed of a network of dozens of Libyan human rights lawyers and jurists with expertise in the MENA region. Through its members, based in Libya, AFA works with victims and members of local CSOs in need of legal support to defend their cases in front of national courts and access to international accountability mechanisms.

StraLi is an Italian NGO aiming at the promotion and protection of human rights through the judicial system and, in particular, the use of strategic litigation tools. The organisation is mainly based in Turin, but has active members all over Europe. Although mainly composed of lawyers, it includes professionals from various fields – such as doctors, psychologists, social-media managers and journalists – to approach human rights protection from an holistic and multidisciplinary perspective.

UpRights is a non-profit initiative based in The Hague, Netherlands. UpRights strives for effective access to justice for victims of serious human rights violations and international crimes. UpRights works in collaboration with civil society and international organisations to promote victims’ rights, providing professional assistance on matters concerning international criminal law and human rights law. Our team includes professionals from international criminal Tribunals and UN Commissions of Inquiry with extensive knowledge of human rights and international criminal law.

On 13 October 2021, UpRights Co-Founder Alessandro Pizzuti participated in a panel discussion at the University of Amsterdam concerning crimes committed against migrants in Libya. The event, organized by the Amsterdam Center for Criminal Justice at the University of Amsterdam as part of the “Global Justice Sessions” series, included a screening of “Libya: No Escape from Hell” by director Sara Creta. The documentary illustrated ongoing mistreatment of migrants in detention centers across Libya.

As part of the panelist discussion, Alessandro outlined the applicability of international criminal law to the abuses committed against migrants. While crimes against migrants are typically viewed as human rights violations, international criminal law must also be considered as a relevant framework to pursue prosecutions and ensure accountability. In light of the link with the armed conflict ongoing in Libya, the abuses committed against migrants in detention centres may be qualified as war crimes and fall within the jurisdiction of the International Criminal Court.

Co-panelists included Ramadan Alamami (former prosecutor in Libya and current CEO of “Adala for all”), Mark Micallef (Director of the “North Africa and Sahel Observatory” of Global Initiative Against Transnational Organized Crime) and documentary filmmaker Sara Creta.