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 July 6th, 2023, the USAID Justice for All Activity started a series of a workshops on the applicability of international law instruments concerning war crimes under article 438 of the CCU with engagement of UpRights. It follows the recent launch of the Benchbook on the Adjudication of International Crimes under Ukrainian Domestic Law developed by the USAID Justice for All Activity in partnership with the National School of Judges and Global Rights Compliance, and with participation of UpRights initiative.

The workshop aims to facilitate discussions between Ukrainian judges, prosecutors and other relevant stakeholders in interpreting the scope and content of Article 438 of the CCU, considering the nature and content of international humanitarian law and international criminal law, in particular the ICC framework.

The event is the first in a series of five thematic workshops to follow the publication of the Benchbook on 22 June. The workshops provide the opportunity for judges and other stakeholders to consider substantial and procedural aspects of international crimes adjudication provided by the Benchbook.

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!

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.

In a Blogpost published on Opinio Juris as part of a symposium on the current crisis in Myanmar, UpRights co-founder Valérie Gabard and Kingsley Abbott, the Director of Global Accountability & International Justice at the International Commission of Jurists. argue that post-coup violations should be investigated as crimes against humanity under article 7 of the International Criminal Court Statute.

The post argues that considering this conclusion, it is critical that: States support the mandate of the Independent investigative Mechanism for Myanmar (IIMM), which has announced that crimes against humanity have “likely been committed” since the coup; possible for a for legal proceedings are actively identified, where evidence collected by the IIMM could help facilitate justice for the people of Myanmar; and the UN Security Council refer Myanmar to the ICC.

To read the full blog post follow the link

On 1 July 2021, the European Center for Constitutional and Human Rights (‘ECCHR’), with the support of UpRights, filed a Request to the Office of the Prosecutor of the International Criminal Court to review its decision of 9 December 2020 not to pursue an investigation with respect to the Situation in Iraq/UK.

In December 2020, the ICC Office of the Prosecutor announced that it would not pursue an investigation with respect to the Situation in Iraq/UK concerning alleged war crimes committed by UK armed forces in Iraq between 2003 and 2009. In its decision, the Office of the Prosecutor determined that there was a reasonable basis to believe that members of the UK armed forces committed war crimes in Iraq. However, under the complementarity assessment, the Office of the Prosecutor found that the relevant potential cases were inadmissible, concluding that the UK authorities are not unwilling to genuinely conduct investigations and prosecutions vis-à-vis the alleged crimes, pursuant to Article 17 of the Rome Statute.

With the support of UpRights, ECCHR filed a request seeking the ICC Prosecutor to reconsider the decision to close the situation in Iraq/UK or, in the alternative, to seek a ruling from the Pre-Trial Chamber under Article 19(3) of the Rome Statute to review the approach adopted with respect to the complementarity assessment.

The ECCHR’s request articulates eight legal and factual errors that affected the outcome of the decision of the Office of the Prosecutor. According to the ECCHR, in addition to an inadequate analysis of the circumstances of the UK’s deficient domestic investigations, the Office of the Prosecutor also adopted an incorrect interpretation of the complementarity regime set by the Rome Statute and applied an excessively high standard of proof regarding the UK’s unwillingness to prosecute alleged war crimes. The request further submits new facts and evidence which warrant the reopening of the preliminary examination under Article 15(6) of the Rome Statute.

The ECCHR’s request represents a unique effort to challenge a decision by the ICC Prosecutor not to proceed with an investigation pursuant to Article 15(6) of the Rome Statute.

The Rome Statute does not provide victims and civil society organizations with a remedy to directly challenge the Prosecutor’s decision not to open a proprio motu investigation. Article 53(3) of the Rome Statute, instead, only gives referring States or the Security Council the power to request the Pre-Trial Chamber to review a decision of the Prosecutor not to proceed with an investigation. The lack of statutory remedies for victims and civil society organizations, who are essential information-providers for the Court, represents a problematic unbalance and can be seen as a gap in the Rome Statute. The ECCHR’s request attempts to fill this gap and UpRights is pleased to have contributed to this important effort to ensure justice for victims.

Read the ECCHR Press Release

On 14 June 2021, UpRights co-Founder, Valérie Gabard, participated in the virtual seminar ‘Strengthening Domestic Capacity to Prosecute and Adjudicate International and Transnational Crimes in Africa’.

The high-level seminar, organised by the International Nuremberg Principles Academy, the Asser Institute and the Antonio Cassese Initiative, followed a training course held in February 2020 in Arusha, Tanzania and an online training in March 2021. 17 judges and prosecutors from Benin, Burkina Faso, Burundi, Cameroun, Chad, Democratic Republic of the Congo and Niger participated in the series of lectures of the high-level seminar.

UpRights conducted an interactive exercise for the Judges and Prosecutors’ oriented around the type of international crimes committed by armed groups and defence and security forces in respective West African contexts. The training allowed the participants to apply challenges present in their respective jurisdictions. Participants working individually and in groups identified whether war crimes and crimes against humanity may have been committed. The focus of the exercise was around the prosecution of international crimes in the context of the fight against terrorism with a particular focus on sexual and gender-based violence.