Nils Melzer

Last updated

Nils Joachim Melzer (born 1970) is a Swiss academic, author, and practitioner in the field of international law. From 2016 until 2022, [1] Melzer was the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is a professor of international law at the University of Glasgow. From 2011-2013, he was Swiss Chair of International Humanitarian Law at the Geneva Academy of International Humanitarian Law and Human Rights. Melzer has criticised the governments of the U.S., the U.K., Ecuador and Sweden over their treatment of Julian Assange.

Contents

Education and career

Melzer was graduated summa cum laude from the University of Zürich with a Ph.D. degree in law. [2] [3]

Melzer served for 12 years with the International Committee of the Red Cross (ICRC) as delegate, deputy head of delegation, and legal adviser in conflict areas. After leaving the ICRC Melzer held academic positions as research director of the Swiss Competence Centre on Human Rights (University of Zürich), as senior fellow and senior advisor on Emerging Security Challenges (Geneva Centre for Security Policy) and at the Geneva Academy of International Humanitarian Law and Human Rights. He has served as Senior Adviser for Security Policy at the Political Directorate of the Swiss Federal Department of Foreign Affairs. [4]

Melzer's books include Targeted Killing in International Law (Oxford University Press, 2008) as well as the Interpretive Guidance on the Notion of Direct Participation in Hostilities (ICRC, 2009) and the ICRC handbook, [5] International Humanitarian Law - a Comprehensive Introduction (ICRC, 2016). [6] He co-authored the NATO CCDCOE Tallinn Manual on the International Law applicable to Cyber Warfare (Cambridge, 2013), and of the NATO MCDC Policy Guidance: Autonomy in Defence Systems, (NATO ACT, 2014).

United Nations Special Rapporteur

Assessment of Julian Assange's confinement

Julian Assange's lawyers contacted Melzer twice and sent him a medical assessment by Sondra Crosby. [7] Melzer visited Assange in prison on 9 May 2019, accompanied by two medical experts specialised in examining potential victims of torture and other means of ill-treatment, to assess the conditions in which he was held. On 31 May, Melzer described the treatment Assange had received from the United States, United Kingdom, Sweden, and Ecuador as psychological torture and the U.S. indictments as the "criminalisation of investigative journalism". [8] [9]

In November 2019 Melzer criticised the UK government for placing Assange's life at risk by ignoring previous warnings about the state of his health. He said Assange "continues to be detained under oppressive conditions of isolation and surveillance, not justified by his detention status". He also said that Assange's access to legal counsel and documents were being severely obstructed, preventing him from preparing a defence against "the world's most powerful government". Melzer asked the UK government to stop Assange's extradition to the US, release him and allow him to "recover his health and rebuild his personal and professional life". [10]

More than 300 human rights lawyers and law professors criticized Melzer's approach to "allegations of sexual assault" in an open letter. While considering the "overarching argument" may merit attention, they wrote that they were "deeply disturbed by the way he approaches the allegations of sexual assault in this case". On the issue of sexual violence, they wrote that Melzer's intervention was "both legally erroneous and harmful to the development and protection of human rights law." [11] Melzer stood by his statement that the evidence collected in Sweden was not a basis for investigating the suspected rape and expressed hope that it would not divert attention away from the problems in the case of Assange. [12] The three initiators of the open letter welcomed Melzer's clarification. [13]

The Swedish prosecutor announced that the investigation had been dropped as of 19 November 2019. [14]

One of the women interviewed by Melzer later criticised him and demanded his resignation. She said that by defining how a "proper rape-victim" would have to act, Melzer was engaging in victim blaming and that his report was partially "untrue and defamatory". [15]

In a January 2020 interview, Melzer said he had never seen a comparable case where a person was subjected to nine years of a preliminary investigation for rape without charges being filed. He said Assange's lawyers made more than 30 offers to arrange for Assange to visit Sweden in exchange for a guarantee that he would not be extradited to the U.S. and described such diplomatic assurances as routine international practice. Melzer made various criticisms of the Swedish prosecutors, including for changing one of the women's statements without her involvement in order to make it sound like a possible rape. Melzer said that the Swedish rape investigation was an abuse of process aimed at pushing Assange into a position from which he was unable to defend himself. [16] Melzer sent an official letter to Sweden listing fifty indications that there had been serious procedural violations in its treatment of Assange. [17]

In a 2021 interview, Melzer said Assange's case showed "how fragile the rule of law is in the western world. ... Whether you like or hate Julian, if we allow telling the truth about government misconduct to become a crime, the powerful will be left completely unchallenged". [7]

The Trial of Julian Assange: a Story of Persecution

Melzer's book, The Trial of Julian Assange: a Story of Persecution was published by Verso Books in February 2022. It recounts his investigation of Assange's case. [18] In the book, Melzer wrote that Assange's treatment "exposes a fundamental systemic failure that severely undermines the integrity of our democratic, rule-of-law institutions.". Matthias von Hein wrote that the book "raises strong doubts about the strength of our justice system in the face of powerful interests that manipulate and abuse it". In relation to the Swedish investigation, von Hein wrote that "Melzer meticulously describes how the Swedish judiciary portrayed Julian Assange as a rapist for years, without giving him the chance to respond". [17]

Honours and awards

Published works

Selected publications

Related Research Articles

<span class="mw-page-title-main">Fourth Geneva Convention</span> One of the treaties of the Geneva Convention

The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and came into force in October 1950. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone. There are currently 196 countries party to the 1949 Geneva Conventions, including this and the other three treaties.

International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war. It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants.

The Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol, is the first set of international guidelines for documentation of torture and its consequences. It became an official United Nations document in 1999; the most recent revision was in June 2022.

The Working Group on Arbitrary Detention(WGAD) is a body of independent human rights experts that investigate cases of arbitrary arrest and detention. Arbitrary arrest and detention is the imprisonment or detainment of an individual, by a State, without respect for due process. These actions may be in violation of international human rights law.

<span class="mw-page-title-main">Geneva Conventions</span> International treaties of war

The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war. The singular term Geneva Convention colloquially denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, civilians and military personnel; establish protections for the wounded and sick; and provide protections for the civilians in and around a war-zone.

Sondra Crosby is an American medical doctor and Professor of Medicine at Boston University, specializing in internal medicine. She is also a faculty member of the Health Law, Bioethics and Human Rights department at the Boston University School of Public Health.

<span class="mw-page-title-main">Julian Assange</span> Australian editor and founder of WikiLeaks (born 1971)

Julian Paul Assange is an Australian editor, publisher, and activist who founded WikiLeaks in 2006. He came to international attention in 2010 after WikiLeaks published a series of leaks from Chelsea Manning, a former United States Army intelligence analyst: footage of a U.S. airstrike in Baghdad, U.S. military logs from the Afghanistan and Iraq wars, and U.S. diplomatic cables. Assange has won multiple awards for publishing and journalism.

<span class="mw-page-title-main">Algerian Red Crescent</span>

The Algerian Red Crescent is an Algerian humanitarian volunteer organization founded in 1957. It has been recognized by the International Red Cross and Red Crescent Movement only since 1963.

<i>Targeted Killing in International Law</i> Book by Nils Melzer

Targeted Killing in International Law is a book about the legality of targeted killing, written by Nils Melzer. It was first published by Oxford University Press in May 2008. The book explores the history of targeted killing, as a government strategy by multiple countries including the United States, the United Kingdom, Israel, Switzerland and Germany; for both military and law enforcement purposes. Melzer argues that directly after the September 11 attacks in the United States, perceptions of the tactic became more positive.

<i>Assange v Swedish Prosecution Authority</i> Legal proceedings over extraditing Julian Assange to Sweden

Assange v Swedish Prosecution Authority were the set of legal proceedings in the United Kingdom concerning the requested extradition of Julian Assange to Sweden for a "preliminary investigation" into accusations of sexual offences allegedly made in August 2010. Assange left Sweden for the UK in 27 September 2010 and was arrested in his absence the same day. He was suspected of rape of a lesser degree, unlawful coercion and multiple cases of sexual molestation. In June 2012, Assange breached bail and sought refuge at Ecuador's Embassy in London and was granted asylum.

Medical neutrality refers to a principle of noninterference with medical services in times of armed conflict and civil unrest: physicians must be allowed to care for the sick and wounded, and soldiers must receive care regardless of their political affiliations; all parties must refrain from attacking and misusing medical facilities, transport, and personnel. Concepts comprising the principles of medical neutrality derive from international human rights law, medical ethics and humanitarian law. Medical neutrality may be thought of as a kind of social contract that obligates societies to protect medical personnel in both times of war and peace, and obligates medical personnel to treat all individuals regardless of religion, race, ethnicity, or political affiliation. Violations of medical neutrality constitute crimes outlined in the Geneva Conventions.

The term international framework of sexual violence refers to the collection of international legal instruments – such as treaties, conventions, protocols, case law, declarations, resolutions and recommendations – developed in the 20th and 21st century to address the problem of sexual violence. The framework seeks to establish and recognise the right all human beings to not experience sexual violence, to prevent sexual violence from being committed wherever possible, to punish perpetrators of sexual violence, and to provide care for victims of sexual violence. The standards set by this framework are intended to be adopted and implemented by governments around the world in order to protect their citizens against sexual violence.

<span class="mw-page-title-main">Geneva Academy of International Humanitarian Law and Human Rights</span>

The Geneva Academy of International Humanitarian Law and Human Rights is a postgraduate joint center located in Geneva, Switzerland. The faculty includes professors from both founding institutions and guest professors from major universities.

<span class="mw-page-title-main">Swedish Doctors for Human Rights</span> Swedish organization

Swedish Doctors for Human Rights (SWEDHR) is a Sweden-based non-governmental organization (NGO) that previously researched and published opinion pieces on international affairs, and campaigned in support of doctors and anti-war activists persecuted or imprisoned on issues of civil liberties and freedom of expression. SWEDHR claimed to shed light on "health issues of war crimes & Human Rights abuses worldwide",[1] and it acknowledged to be an “alternative NGO” with regard to mainstream organizations. Ensuing, the views presented in its publications tended to differ from, or contradicted, those of Human Rights Watch, Amnesty International Sweden and other organizations. Up to mainly 2019, SWEDHR's primary focus has been the Julian Assange international case. During 2020 and onwards, the focus of the organization has been solely on issues around the Covid-19 pandemic.

The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016) is a set of international guidelines for the investigation of suspicious deaths, particularly those in which the responsibility of a State is suspected.

<span class="mw-page-title-main">Indictment and arrest of Julian Assange</span>

In 2012, while on bail, Julian Assange was granted political asylum in the Ecuadorian Embassy in London, where he sought to avoid extradition to Sweden, and what his supporters said was the possibility of subsequent extradition to the US. On 11 April 2019, Ecuador revoked his asylum, he was arrested for failing to appear in court, and carried out of the Embassy by members of the London Metropolitan Police. Following his arrest, he was charged and convicted, on 1 May 2019, of violating the Bail Act, and sentenced to fifty weeks in prison. While in prison the US revealed a previously sealed 2018 US indictment in which Assange was charged with conspiracy to commit computer intrusion related to his involvement with Chelsea Manning and WikiLeaks.

<span class="mw-page-title-main">Robin Geiss</span> German international law scholar (born 1974)

Robin Geiss is a German academic specializing in public international law. In 2021, he was appointed by United Nations Secretary-General António Guterres as Director of the United Nations Institute for Disarmament Research. Prior to this, Geiss held various academic appointments including as Swiss Chair of International Humanitarian Law at the Geneva Academy of International Humanitarian Law and Human Rights and Director of the Glasgow Centre for International Law and Security at the University of Glasgow.

The prohibition of torture is a peremptory norm in public international law—meaning that it is forbidden under all circumstances—as well as being forbidden by international treaties such as the United Nations Convention Against Torture.

<span class="mw-page-title-main">Alice Jill Edwards</span> Australian human rights lawyer and academic

Alice Jill Edwards is an Australian lawyer and scholar. She is the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Views on Julian Assange have been given by a number of public figures, including journalists, well-known whistleblowers, activists and world leaders. They range from laudatory statements to calls for his execution. Various journalists and free speech advocates have praised Assange for his work and dedication to free speech. Some former colleagues have criticised his work habits, editorial decisions and personality. After the 2016 US Presidential election, there was debate about his motives and his ties to Russia. After Assange's arrest in 2019, journalists and commenters debated whether Assange was a journalist. Assange has won multiple awards for journalism and publishing.

References

  1. ↑ OHCHR Nils Melzer Former Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (2016 - 2022)
  2. ↑ "Dr Nils Melzer". Speakers' Biographies. ACO - Allied Command Operations, NATO / OTAN. 2010. Retrieved 2010-10-22.
  3. ↑ "Introduction, Dr. Nils Melzer, Legal Adviser for the International Committee of the Red Cross, 'Targeted Killing in International Law'". The Graduate Institute. 16 October 2008. Retrieved 2010-10-22.
  4. ↑ "Nils Melzer", United Nations Human Rights: Office of the High Commissioner. Retrieved 23 April 2020.
  5. ↑ "Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law", International Committee of the Red Cross. 21 December 2010. Retrieved 23 April 2020.
  6. ↑ "International Humanitarian Law: A Comprehensive Introduction", International Committee of the Red Cross. 19 December 2019. Retrieved 23 April 2020.
  7. 1 2 "Will the right save Julian Assange?". The Spectator Australia. 2021-06-21. Retrieved 2023-11-01.
  8. ↑ "UN expert says "collective persecution" of Julian Assange must end now". OHCHR. 31 May 2019. Retrieved 1 June 2019.
  9. ↑ von Hein, Matthias (2020-12-28). "UN: US trying to 'criminalize investigative journalism'". Deutsche Welle . Retrieved 2023-02-26.
  10. ↑ "Julian Assange's treatment in prison putting his life at risk, UN rights expert warns". ABC News. AFP. 2 November 2019. Retrieved 13 November 2019.
  11. ↑ Davoise, Marie (2019-07-05). "Response to UN Special Rapporteur's op-ed on Julian Assange". Medium. Retrieved 2023-02-26.
  12. ↑ Nils Melzer (2019-07-08). "Dismantling the Swedish 'Rape'-Narrative against Julian Assange".
  13. ↑ Pieper, Dietmar (6 March 2020). "Opfer von WikiLeaks-Gründer Julian Assange kritisiert Uno-Folterexperten Nils Melzer". Der Spiegel. Archived from the original on 1 April 2020. Retrieved 2 April 2020.
  14. ↑ "Swedish prosecutor drops Julian Assange rape investigation".
  15. ↑ Pieper, Dietmar (6 March 2020). "Mutmaßliches Opfer von WikiLeaks-Gründer Julian Assange kritisiert Uno-Folterexperten Nils Melzer". Der Spiegel.
  16. ↑ Ryser, Daniel; Bachmann, Yves; Hawley, Charles (31 January 2020). "A murderous system is being created before our very eyes". Republik. Retrieved 2 April 2020.
  17. 1 2 von Hein, Matthias (20 April 2021). "The case of Julian Assange: Rule of law undermined – DW – 04/20/2021". dw.com. Retrieved 19 September 2023.
  18. ↑ "The trial of Julian Assange". www.aljazeera.com. Retrieved 5 May 2022.
  19. ↑ Oxford University Press, USA (2010), "Winner of the 2009 Paul Guggenheim Prize (Geneva Graduate Institute)", OUP USA Home, www.oup.com, archived from the original on 29 June 2011, retrieved 10 April 2016
  20. ↑ Melzer, Nils (29 May 2008). Targeted Killing in International Law. Oxford University Press (published 2008). ISBN   9780199533169 . Retrieved 14 July 2018.

Bibliography

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.