International Commission of Jurists

Last updated
International Commission of Jurists
AbbreviationICJ
Formation1952
Type NGO with Consultative Status
Headquarters Geneva, Switzerland
Official language
English, French, Spanish
Acting President
Robert Goldman (since 2017)
Secretary-General
Santiago Canton
Staff60
Website www.icj.org

The International Commission of Jurists (ICJ) is an international human rights non-governmental organization. It is supported by an International Secretariat based in Geneva, Switzerland, and staffed by lawyers drawn from a wide range of jurisdictions and legal traditions. The Secretariat and the Commission undertake advocacy and policy work aimed at strengthening the role of lawyers and judges in protecting and promoting human rights and the rule of law. In addition, the ICJ has national sections and affiliates in over 70 countries.

Contents

The ICJ was established in 1953 by German jurists involved in human rights investigations in the Soviet Zone of post-war Germany. It was partially funded by the Central Intelligence Agency (CIA) to counter the International Association of Democratic Lawyers, perceived as leftist by American officials. Starting from the 1970s, Secretary-General Niall MacDermot moved the organization away from its association with the CIA.

The current ICJ President is Professor Robert Goldman. Former Presidents include Sir Nigel Rodley (2012–2017), a former member of the UN Human Rights Committee, Professor Pedro Nikken (2011–2012) and Mary Robinson (2008–2011), the former UN High Commissioner for Human Rights and President of Ireland.

Current activities

The ICJ is active in promoting human rights and the rule of law at the international (e.g. the UN), regional, and national (e.g. JUSTICE in the UK) levels.

The ICJ's International Law and Protection Programme works to promote the application of international law to violations of a civil, political, social or economic nature. [1] The focus is on the international obligations of states to respect human rights, protect victims, and hold state and non-state actors accountable for violations and abuses. Specific areas of work include:

The ICJ operates regional programmes in Africa, Asia Pacific, Central America, Europe, and the Middle East and North Africa. [2] These focus on promoting and supporting the independence of the judiciary, the rule of law, and human rights issues specific to their local contexts.

History

Born at the ideological frontline of a divided post-war Berlin, the ICJ was established following the 1952 ‘International Congress of Jurists’ in West Berlin . The Congress was organized by the ‘Investigating Committee of Free Jurists (ICJF)’, a group of German jurists committed to investigating human rights abuses carried out in the Soviet Zone of post-war Germany.

During the Congress, delegates decided to make provisions to expand the work of the ICJF to investigate human rights violations in other regions of the world. A five-member ‘Standing Committee of the Congress’ was appointed for this purpose and, in 1953, the Standing Committee created the “International Commission of Jurists (ICJ)” as a permanent organisation dedicated to the defence of human rights through the rule of law.

One of the key areas of concern for the 106 Congress delegates was the case of Dr. Walter Linse, a West German lawyer and the Acting President of the ICJF. Two weeks prior to the start of the Congress, on 8 July 1952, in an apparent attempt to intimidate participants, Dr. Linse was abducted by East German intelligence agents and delivered to the KGB. Despite international condemnation of the abduction, Dr. Linse was executed in Moscow for “espionage” in 1953.[ citation needed ]

In 1955, the ICJ issued a report entitled Under False Colours in which it stated that "the International Association of Democratic Lawyers and its subsidiaries proceed from a principle which is diametrically opposed to those which form the basis of the Commission’s work. Although it is careful not to pronounce itself openly on the subject, the International Association of Democratic Lawyers defends and supports the principles of Soviet-Communism."

The ICJ was initially partially funded by the Central Intelligence Agency through the American Fund for Free Jurists, but the CIA's role was not known to most of the ICJ's members. [3] American founders like Allen Dulles and John J. McCloy conceived it as a counter to the International Association of Democratic Lawyers, which had been set up by leftist French lawyers with connections to the French resistance. [4] :62 Ex-CIA officer Philip Agee considered that the ICJ was "set up and controlled by the CIA for propaganda operations." [5] The CIA funding became public in 1967, but the organization survived the revelations after a period of reform under Secretary General Seán MacBride, and through Ford Foundation funding. [3] [4] MacBride himself was involved in CIA funding, according to information the US government reported. [6]

From 1970 to 1990, Niall MacDermot was Secretary-General, succeeding Seán MacBride. [7] MacDermot moved the ICJ away from its association with the CIA, to the forefront of the international human rights movement. [8]

In 1978, the ICJ established the Centre for the Independence of Judges and Lawyers (CIJL). It was instrumental in the formulation and adoption of the UN Basic Principles on the Independence of the Judiciary and the UN Basic Principles on the Role of Lawyers and its mandate is to work for their implementation.

In 1980, the ICJ received the European Human Rights Prize by Parliamentary Assembly of the Council of Europe.

In 1986, the ICJ gathered a group of distinguished experts in international law to consider the nature and scope of the obligations of States parties to the International Covenant on Economic, Social and Cultural Rights. The meeting witnessed the birth of the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights, which continue to guide international law in the area of economic, social and cultural rights.

In the 1990s, a number of important international developments took place as a result of initiatives by the ICJ. These included the UN Declaration on the Protection of All Persons from Enforced Disappearance and the recommendation by the Programme of Action of the World Conference on Human Rights in Vienna to work on the setting up of an International Criminal Court. This was the direct result of an international conference on impunity, organised by the ICJ under the auspices of the United Nations in 1992, which adopted an appeal asking the Vienna conference to "set up an international penal tribunal…in order to finally break the cycle of impunity". In November 2006 the ICJ held an international meeting in Yogyakarta for LGBT rights and published The Yogyakarta Principles in March 2007.

The ICJ also initiated the drafting of the set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity and the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law, both under examination at the UN Human Rights Commission and also received the United Nations Prize in the Field of Human Rights in 1993.

In April 2013, the ICJ was presented with the Light of Truth Award by the Dalai Lama and the International Campaign for Tibet. The award is presented to organisations who have made outstanding contributions to the Tibetan cause. [9]

National Sections

As at 2015 there are 21 autonomous [10] National Sections of the ICJ. [11] They are:

Congresses of the ICJ

Every few years, the ICJ convenes a World Congress, where jurists from around the world work together to address a pressing human rights issue and agree normative principles and objectives in a public Declaration. These Declarations have frequently been used by inter-governmental bodies, including the United Nations, as well as bar associations, lawyers, academic centres and other human rights NGOs around the world. For example, the ICJ was responsible for the Declaration of Delhi on the rule of law in 1959, which set out the ICJ's conception of the Rule of Law as being dynamic. [12]

The ICJ's most recent Declaration, agreed at the ICJ's 17th World Congress in December 2012, related to Access to Justice and Right to a Remedy in International Human Rights Systems. [13] The full list of ICJ Congresses is as follows: [14]

See also

Related Research Articles

<span class="mw-page-title-main">Human rights</span> Fundamental rights belonging to all humans

Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education.

<span class="mw-page-title-main">Universal Declaration of Human Rights</span> Declaration adopted in 1948 by the UN General Assembly

The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did not vote.

<span class="mw-page-title-main">International Progress Organization</span>

The International Progress Organization (IPO) is a Vienna-based think tank dealing with world affairs. As an international non-governmental organization (NGO) it enjoys consultative status with the Economic and Social Council of the United Nations and is associated with the United Nations Department of Public Information. The organization aims at promoting peaceful co-existence among all nations, in particular the dialogue among civilizations; a just international economic order; global respect for human rights; and the international rule of law. The IPO has members in more than 70 countries on all continents and organizes conferences and expert meetings on issues of conflict resolution, civilizational dialogue, international law, and United Nations reform. The organization publishes the series Studies in International Relations and monographs in the field of international relations theory.

The International law bearing on issues of Arab–Israeli conflict, which became a major arena of regional and international tension since the birth of Israel in 1948, resulting in several disputes between a number of Arab countries and Israel.

Justice is a human rights and law reform organisation based in the United Kingdom. It is the British section of the International Commission of Jurists, the international human rights organisation of lawyers devoted to the legal protection of human rights worldwide. Members of Justice are predominantly barristers and solicitors, judges, legal academics, and law students.

The New Delhi Congress or Declaration of Delhi was an international gathering of over 185 judges, lawyers, and law professors from 53 countries all over the world, united as the International Commission of Jurists that took place in New Delhi, India in 1959. The theme of the New Delhi Congress was "The Rule of Law in a Free Society". The Congress further developed the principles and procedures underlying the Rule of Law as well as defining and clarifying the concept itself.

<span class="mw-page-title-main">War and environmental law</span>

War can heavily damage the environment, and warring countries often place operational requirements ahead of environmental concerns for the duration of the war. Some international law is designed to limit this environmental harm.

Arnold Tsunga was the Director of the Africa Regional Programme of the International Commission of Jurists (ICJ) until 2020.

International law is the set of rules, norms, and standards that states and other actors feel an obligation to obey in their mutual relations and generally do obey. In international relations, actors are simply the individuals and collective entities, such as states, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights.

Impunity is the ability to act with exemption from punishments, losses, or other negative consequences. In the international law of human rights, impunity is failure to bring perpetrators of human rights violations to justice and, as such, itself constitutes a denial of the victims' right to justice and redress. Impunity is especially common in countries which lack the tradition of rule of law, or suffer from pervasive corruption, or contain entrenched systems of patronage, or where the judiciary is weak or members of the security forces are protected by special jurisdictions or immunities. Impunity is sometimes considered a form of denialism of historical crimes.

In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base. A persistent standard of indefinite detention without trial and incidents of torture led the operations of the Guantanamo Bay detention camp to be challenged internationally as an affront to international human rights, and challenged domestically as a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution, including the right of petition for habeas corpus. On 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention.

In most legal systems of the Spanish-speaking world, the writ of amparo is a remedy for the protection of constitutional rights, found in certain jurisdictions. The amparo remedy or action is an effective and inexpensive instrument for the protection of individual rights.

<span class="mw-page-title-main">Antônio Augusto Cançado Trindade</span> Brazilian judge (1947–2022)

Antônio Augusto Cançado Trindade was a Brazilian jurist and international judge. He was appointed as judge of the International Court of Justice (ICJ) from 6 February 2009. He was reelected to the Court in December 2017, and took office for his second term on 6 February 2018, serving until his death in 2022.

<span class="mw-page-title-main">Nihal Jayawickrama</span> Sri Lankan academic

Nihal Mahendra Sudrikku Jayawickrama is a Sri Lankan academic. He was the former Permanent Secretary to the Ministry of Justice (1970–1977), Professor of Law at University of Hong Kong (1984–1997), Ariel F Sallows Professor of Human Rights at the University of Saskatchewan, Canada (1992–1993), and Executive Director of Transparency International (1997–2000). He is now an independent legal consultant, and has been the Coordinator of the UN-sponsored Judicial Integrity Group since 2000.

The Kenyan Section of the International Commission of Jurists, also known as ICJ Kenya, is a Kenyan non-governmental organisation, a National Section of the International Commission of Jurists. It is composed of lawyers and works to promote human rights and the rule of law.

The Africa Group for Justice and Accountability (AGJA) is an international, non-governmental group made up of public figures, academics, lawyers and human rights advocates. Its stated purpose is to advocate for justice and accountability for international crimes.

The Namibia exception identifies the advisory opinion issued on 21 June 1971 by the International Court of Justice (I.C.J), the principal judicial organ of the United Nations (UN). The opinion refers to the "Legal Consequences for States of the Continued Presence of South Africa in Namibia notwithstanding Security Council Resolution 276 (1970)".

<span class="mw-page-title-main">United Nations General Assembly Resolution 60/147</span> United Nations resolution adopted in 2005

UN General Assembly Resolution 60/147, the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, is a United Nations Resolution about the rights of victims of international crimes. It was adopted by the General Assembly on 16 December 2005 in its 60th session. According to the preamble, the purpose of the Resolution is to assist victims and their representatives to remedial relief and to guide and encourage States in the implementation of public policies on reparations.

<span class="mw-page-title-main">Marcia V. J. Kran</span> Canadian lawyer

Marcia Vaune Jocelyn Kran is a Canadian lawyer and expert member of the UN Human Rights Committee. Kran's career has spanned international human rights law, criminal law and political science for over forty years, and includes positions in academia and civil society. Kran has held a range of senior United Nations positions including in international human rights law.

The Global Pact for the Environment project was launched in 2017 by a network of experts known as the "International Group of Experts for the Pact" (IGEP). The group is made up of more than a hundred legal experts in environmental law and is chaired by former COP21 President Laurent Fabius.

References

  1. "Themes" at icj.org Accessed 17 September 2017
  2. "Regions" at icj.org Accessed 17 September 2017
  3. 1 2 Richard Pierre Claude (August 1, 1994). "The International Commission of Jurists: Global Advocates for Human Rights. (Book review)". Human Rights Quarterly . Retrieved 2009-10-10.
  4. 1 2 Yves Dezalay, Bryant G. Garth (2002). The Internationalization of Palace Wars: Lawyers, Economists, and the Contest to Transform Latin American States. University of Chicago Press. ISBN   0-226-14426-7.
  5. Philip Agee, Inside the Company: CIA Diary, Allen Lane, 1975, p 611.
  6. "Peter Benenson". The Independent. 2005-02-28. Retrieved 2020-10-24.
  7. Tam Dalyell (27 February 1996). "OBITUARY: Niall MacDermot". The Independent .
  8. Iain Guest, Behind the disappearances: Argentina's dirty war against human rights and the United Nations, University of Pennsylvania Press, 1990, ISBN   0-8122-1313-0, ISBN   978-0-8122-1313-3 p 111.
  9. "ICT Light of Truth Award ceremony brings together eminent individuals with historic connection to Tibet". International Campaign for Tibet . 15 April 2013. Archived from the original on 12 May 2013. Retrieved 24 April 2013.
  10. International Commission of Jurists (ICJ), NGO Monitor
  11. "ICJ National Sections". International Commission of Jurists. Retrieved 4 August 2015.
  12. Wikisource:Declaration of Delhi
  13. "ICJ adopts Declaration on Access to Justice and Right to a Remedy", 12 December 2012, at icj.org Accessed 17 September 2017
  14. "Congresses" at icj.org Accessed 17 September 2017

Further reading