This article has multiple issues. Please help improve it or discuss these issues on the talk page . (Learn how and when to remove these template messages)(Learn how and when to remove this template message)
The Permanent Peoples' Tribunal is an international opinion tribunal founded in Bologna, Italy on June 24, 1979 at the initiative of Senator Lelio Basso.
Bologna is the capital and largest city of the Emilia-Romagna region in Northern Italy. It is the seventh most populous city in Italy, at the heart of a metropolitan area of about one million people.
Lelio Basso was an Italian democratic socialist politician and journalist.
The Permanent Peoples’ Tribunal (TPP)was formally born in Bologna in 1979 as a direct continuation of the experience of the Russell Tribunal II with Latin American dictatorships (1974-1976), promoted by Lelio Basso to denounce the crimes committed by the military regimes of the region. The will of the people and the victims of Latin America, the changed the occasional nature of Russell Court and it became a permanent forum of complaint for communities experiencing the absence and impotence of international law. Therefore, the TPP is a grass-root initiative and the result of the need to create an independent tool for researching and analysing for the cognitive, cultural and doctrinal development needed to start the process of liberation and justice of the people. The TPP's work is characterised by its subsidiary nature. Just as the Russell Tribunal, the existence of the Permanent People's Tribunal is due, even today, to the absence of a competent international court to rule on the allegations and claims of individuals conceived in their collective dimension. In its decisions, the PPT goes beyond the recognition of criminal responsibility in order to produce truth, memory and moral reparation.
The Russell Tribunal, also known as the International War Crimes Tribunal, Russell-Sartre Tribunal, or Stockholm Tribunal, was a private body organised in 1966 by Bertrand Russell, British philosopher and Nobel Prize winner, and hosted by French philosopher and writer Jean-Paul Sartre. Along with Lelio Basso, Ken Coates, Ralph Schoenman, Julio Cortázar and several others, the tribunal investigated and evaluated American foreign policy and military intervention in Vietnam. This had taken place in the decade following the 1954 defeat of French forces at Diên Biên Phu and the establishment of North and South Vietnam.
The work of the TPP is based on the principles expressed in the Universal Declaration of the Rights of Peoplesproclaimed in Algiers in 1976 and the main international instruments protecting human rights. The historical and geographical context of the Declaration, known as the Charter of Algiers, clearly links the general principles of the Declaration for the liberation struggles—which Resolution 1514 (XV) of the United Nations of 14 December 1960 had already put under the protection of international law—with the understanding that the right to self-determination could not be proclaimed as fulfilled and that it did not involve only the political phase of decolonization.
The scope of the concept of self-determination expressed in the Charter of Algiers must relate to the context and the principle of “freedom” which is not limited to a particular time and place and has, in this case, not an individual but a collective subject which is precisely, the people. In the Charter of Algiers and, therefore, in the Permanent People's Tribunal, the principle of self-determination serves as legal support and target indicator of the struggles of peoples whose sovereignty is at risk due to external and internal forces the Tribunal has documented from 1979 to date. As is the case with the principle of self-determination, the concept of people in the Charter of Algiers is not unique, but rather presents a contextual or political significance not limited to a strict definition by the Declaration, but left to the free interpretation of those who, now and then, have used its principles over the years. According to the Charter, peoples are important collective subjects but marginalized by a law designed for States as the only recipients of rights, including the individual and collective dimensions in a single legal system serving both individuals and peoples.
The peoples in the history of the TPP belong to different groups with different needs, aspirations and real tragedies, which control the materiality and binding force of an international law continuing to be fragile. The original idea of the Russell Tribunal II and the TPP lies in the awareness that the formal recognition of the principles and rights is the starting point of a process of liberation in which collective identities, called “Peoples,” are the main actors. This process requires a permanent collective demand for the feasibility and applicability of these principles, recognized in many international law instruments.
The Court is composed of a president, four vice-presidents, a secretary general and 66 international members, all recognized experts [ by whom? ] from different disciplines such as law, economy, sociology, arts, and literature.
Since its establishment until today, the Tribunal has held 46 sessionson numerous cases of human rights violations. Its specificity, expressed in the TPP's Statute, lies in applied research to cases of crimes against peace and against humanity, to cases of genocide and to crimes—not yet established—attributable to economic and political activities promoting poverty, inequality, exclusion. By observing the chronological development of the meetings, it is evident that the work of the Permanent People's Tribunal is within the evolving framework of international law. The story told in the judgments of TPP traces a map of the last thirty years of the history of peoples and matches many of the most representative ties and challenges for the peoples and the law, in the context of historical situations where States or private actors (transnational corporations) weaken or create obstacles for the intervention of the international law.
The judgments of the TPP (www.tribunalepermanentedeipopoli.fondazionebasso.it) rely almost exclusively on sources of existing international law. However, it is important to remember that many of the judgments have gone beyond the mere application of existing rules and have evidenced legal contradictions or gaps, in order to indicate forms of application and commitment of future positive law.
List of the Permanent People's Tribunal's Sessions
46. Session on Alleged violations of international law and international humanitarian law by the Turkish Republic and its officials against the Kurdish people and their organizations (Paris 2018)
45. Session on the violation of human rights of migrants and refugee people (2017-2018)
44. Permanent Peoples Tribunal on Human Rights of Migrant and Refugee Peoples (Launched Barcelona 2017, on-going Session)
43. Myanmar's crimes against the Rohingya and Kachin Peoples I (London, 2017)
42. Living wage for Asian garment workers as fundamental human right (Sri Lanka 2011; Cambodia 2012; India 2012; Indonesia 2014; Sri Lanka 2015)
41. Fundamental rights, local community participation and infrastructure projects (Torino-Almese, 5–8 November 2015)
40. Session on the Canadian mining transnational corporations (on-going)
39. Sri Lanka and the Tamil People II (Bremen, 7–10 December 2013)
38. Free trade, violence, impunity and people's rights in Mexico (Mexico, 2011-2014)
37. Session on agrochemical transnational corporations (Bangalore, 3–6 December 2011)
36. Sri Lanka and the Tamil People I (Dublin, 14–16 January 2010)
35. Transnational corporations and the rights of peoples in Colombia (Colombia, 2006-2008)
34. The Philippines II (The Hague, 21–25 March 2007)
33. The European Union and transnational corporations in Latin America: policies, instruments and actors complicity in the violation of peoples' rights (Madrid, 14–17 May 2010)
32. Human rights violations in Algeria, 1992-2004 (Paris, 5–8 November 2004)
31. International Law and the new wars (Roma, 14–16 December 2002)
30. Global multinationals and “human distorted” (Warwick, 22–23 March 2000)
29. Elf-Aquitaine (Paris, 19–21 May 1999)
28. Violations of the fundamental rights of children and adolescents in Brazil (São Paulo, 17–19 March 1999)
27. The rights of workers and consumers in the garment industry (Brussels, 30 April-5 May 1998)
26. Chernobyl: environment, health and human rights (Vienna,12-15 April 1996)
25. Violations of the fundamental rights of children and minors (Trento, 27–29 March; Macerata, 30 March; Napoli 1–4 April 1995)
24. Crimes against humanity in the former Yugoslavia II (Barcelona, 7–11 December 1995)
23. Crimes against humanity in the former Yugoslavia I (Bern, 17–20 February 1995)
22. Asylum right in Europe (Berlin, 8–12 December 1994)
21. Industrial risks and human rights II (London, 28 November – 2 December 1994)
20. Industrial risks and human rights I (Bhopal, 19–23 October 1992)
19. Tibet (Strasburg, 16–20 November 1992)
18. The conquest of and international law (Padua-Venice, 5–8 October 1992)
17. Impunity for crimes against humanity in Latin America (Bogotá, 22–25 April 1991)
16. Brazilian Amazon (Paris, 12–16 October 1990)
15. Porto-Rico (Barcelona, 27–29 January 1989)
14. The policies of the International Monetary Fund and the World Bank II (Madrid, 1–3 October 1994)
13. The policies of the International Monetary Fund and the World Bank I (Berlin, 26–29 September 1988)
12. The interventions of the United States in Nicaragua (Brussels, 5–8 October 1984)
11. Armenian Genocide (Paris, 13–16 April 1984)
10. Guatemala (Madrid, 27–31 January 1983)
9. Zaire (Rotterdam, 18–20 September 1982)
8. Timor Orientale (Lisbon, 19–21 June 1981)
7. Afghanistan Il (Paris, 16–20 December 1982)
6. Afghanistan I (Stockholm, 1–3 May 1981)
5. El Salvador (Mexico, 9–12 February 1981)
4. The Philippines and the Bangsamoro people (Anvers, 30 October-3 November 1980)
3. Eritrea (Milano, 24–26 May 1980)
2. Argentina (Genève, 3–4 May 1980)
1. Western Sahara (Brussels, 10–11 November 1979)
Human rights are moral principles or norms that describe certain standards of human behaviour and are regularly protected as natural and legal rights in municipal and international law. They are commonly understood as inalienable, fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings", regardless of their nation, location, language, religion, ethnic origin, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law and imposing an obligation on persons to respect the human rights of others, and it is generally considered that they should not be taken away except as a result of due process based on specific circumstances; for example, human rights may include freedom from unlawful imprisonment, torture, and execution.
The Universal Declaration of Human Rights (UDHR) is a historic document that was adopted by the United Nations General Assembly at its third session on 10 December 1948 as Resolution 217 at the Palais de Chaillot in Paris, France. Of the then 58 members of the United Nations, 48 voted in favor, none against, eight abstained, and two did not vote.
A war crime is an act that constitutes a serious violation of the laws of war that gives rise to individual criminal responsibility. Examples of war crimes include intentionally killing civilians or prisoners, torturing, destroying civilian property, taking hostages, performing a perfidy, raping, using child soldiers, pillaging, declaring that no quarter will be given, and seriously violating the principles of distinction and proportionality, and military necessity.
The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of the UN Economic and Social Council (ECOSOC), and was also assisted in its work by the Office of the United Nations High Commissioner for Human Rights (UNOHCHR). It was the UN's principal mechanism and international forum concerned with the promotion and protection of human rights.
Crimes against humanity are certain acts that are deliberately committed as part of a widespread or systematic attack directed against any civilian or an identifiable part of a civilian population. The first prosecution for crimes against humanity took place at the Nuremberg trials. Crimes against humanity have since been prosecuted by other international courts as well as in domestic prosecutions. The law of crimes against humanity has primarily developed through the evolution of customary international law. Crimes against humanity are not codified in an international convention, although there is currently an international effort to establish such a treaty, led by the Crimes Against Humanity Initiative.
The Charter of the United Nations of 1945 is the foundational treaty of the United Nations, an intergovernmental organization. The UN Charter articulated a commitment to uphold human rights of citizens and outlined a broad set of principles relating to achieving ‘higher standards of living’, addressing ‘economic, social, health, and related problems,’ and ‘universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.’ As a charter, it is a constituent treaty, and all members are bound by its articles. Furthermore, Article 103 of the Charter states that obligations to the United Nations prevail over all other treaty obligations.
The law of war refers to the component of international law that regulates the conditions for war and the conduct of warring parties. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of international law.
A United Nations General Assembly Resolution is voted on by all member states of the United Nations in the General Assembly.
The Nuremberg principles are a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.
A crime against peace, in international law, is "planning, preparation, initiation, or waging of wars of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing". This definition of crimes against peace was first incorporated into the Nuremberg Principles and later included in the United Nations Charter. This definition would play a part in defining aggression as a crime against peace. It can also refer to the core international crimes set out in Rome Statute of the International Criminal Court, which adopted crimes negotiated previously in the Draft code of crimes against the peace and security of mankind.
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.
The Charter of Human Rights and Freedoms is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975. It received Royal Assent from Lieutenant Governor Hugues Lapointe, coming into effect on June 28, 1976.
A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation.
The Vienna Declaration and Programme of Action, also known as VDPA, is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria. The position of United Nations High Commissioner for Human Rights was recommended by this Declaration and subsequently created by General Assembly Resolution 48/121.
International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally accepted in relations between nations. It establishes normative guidelines and a common conceptual framework to guide states across a broad range of domains, including war, diplomacy, trade, and human rights. International law thus provides a means for states to practice more stable, consistent, and organized international relations.
A war crimes trial is the trial of persons charged with criminal violation of the laws and customs of war and related principles of international law committed during armed conflict.
There are allegations that war crimes were committed by the Sri Lankan military and the rebel Liberation Tigers of Tamil Eelam during the Sri Lankan Civil War, particularly during the final months of the Eelam War IV phase in 2009. The alleged war crimes include attacks on civilians and civilian buildings by both sides; executions of combatants and prisoners by both sides; enforced disappearances by the Sri Lankan military and paramilitary groups backed by them; acute shortages of food, medicine, and clean water for civilians trapped in the war zone; and child recruitment by the Tamil Tigers. A panel of experts appointed by United Nations Secretary-General (UNSG) Ban Ki-moon to advise him on the issue of accountability with regard to any alleged violations of international human rights and humanitarian law during the final stages of the civil war found "credible allegations" which, if proven, indicated that war crimes and crimes against humanity were committed by the Sri Lankan military and the Tamil Tigers. The panel has called on the UNSG to conduct an independent international inquiry into the alleged violations of international law. The Sri Lankan government has denied that its forces committed any war crimes and has strongly opposed any international investigation. In March 2014 the United Nations Human Rights Council authorised an international investigation into the alleged war crimes.
The Lexington Principles on the Rights of Detainees is a body of international due process principles that reflect the prevailing transnational norms in the area of detainee treatment. The Lexington Principles were completed and published on April 1, 2009. The instrument consists of 45 principles and countless annotations prepared by the project's law student editorial board. A primary purpose of the drafters of the Lexington Principles was to assist the jurisprudential evolution of American constitutional due process standards after the U.S. Supreme Court's decision in Boumediene v. Bush. While each Principle is based on international law, all provisions have been drafted to facilitate vertical norm internalization into the domestic legal system of the United States and other common law countries.
Declaration of Mexico on the Equality of Women and their Contribution to Development and Peace 66/34 was a resolution adopted by the UN at the end of the International Women's Year World Conference on Women on 2 July 1975. The resolution adopted to promulgate a set of principles concerning the equality of men and women.