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2. Holding the Islamic Republic of Iran accountable for atrocity crimes
- Author:
- Celeste Kmiotek, Alana Mitias, and Nushin Sarkarati
- Publication Date:
- 04-2023
- Content Type:
- Policy Brief
- Institution:
- Atlantic Council
- Abstract:
- With little to no prospect for accountability within Iran’s domestic courts, victims and survivors of serious violations of international law are turning toward an increasing number of foreign jurisdictions—most commonly in Europe and North America, but also in Latin America, Africa, and other regions—to pursue justice for human rights violations carried out by the Islamic Republic of Iran. Under the principle of universal jurisdiction, certain domestic justice systems allow prosecutions in national courts for crimes committed abroad, regardless of the victim’s or perpetrator’s nationality. Universal jurisdiction stems from the concept that certain crimes are of such gravity that they harm the international community as a whole, so national courts outside the country where the violations took place may prosecute them to protect the international order. Although the crimes subject to universal jurisdiction provisions differ by state, they generally include crimes against humanity, torture, war crimes, and genocide. Limitations on universal jurisdiction also vary between states, however, as do the processes for filing complaints and procedures for investigations, trials, and appeals. As was shown by the trial and conviction of Hamid Noury in Sweden for his involvement in the massacre of Iranian political prisoners in 1988, national prosecutions of international crimes can be a fruitful avenue to justice for victims of the Islamic Republic. To this end, the Atlantic Council’s Strategic Litigation Project has compiled a guide to aid practitioners and independent investigators in navigating the legal systems of European states with the highest likelihood of prosecuting Iranian human rights violators. Focusing on five states—France, Germany, the Netherlands, Sweden, and Switzerland—this manual outlines the crimes and violations subject to universal jurisdiction, best practices for investigating and documenting crimes, and processes for requesting investigations and participating in prosecutions as a victim, witness, or NGO. For information that is beyond the scope of this manual, the annex includes printed resources to consult and organizations to contact for additional assistance.
- Topic:
- Diplomacy, Human Rights, Politics, Rule of Law, Accountability, Norms, Atrocities, Resilience, and Society
- Political Geography:
- Iran and Middle East
3. Pursuing justice for international crimes in Ukraine: A patchwork of multi-level and long-running efforts
- Author:
- Katja Creutz
- Publication Date:
- 06-2023
- Content Type:
- Policy Brief
- Institution:
- Finnish Institute of International Affairs
- Abstract:
- The Russian aggression against Ukraine has triggered debates and initiatives on how to address crimes under international law committed in and against Ukraine, including war crimes and the crime of aggression. A single institution capable of dealing with all international crimes is nonetheless lacking. Tens of thousands of alleged war crimes have been reported and documented, part of which the Ukrainian courts themselves are handling. The massive caseload requires international assistance, in addition to which the ICC is also investigating alleged war crimes. The international community is divided in regard to the investigation and prosecution of the crime of aggression. As the ICC lacks jurisdiction with respect to this crime in this particular situation, European states are advancing a special ad hoc tribunal. Nonetheless, the majority of countries globally, particularly in the Global South, find it hard to support the initiative. The discussion on the best way to proceed with regard to addressing the crime of aggression committed by Russia is ongoing. Many problematic issues are being debated, ranging from political desirability to the issue of head of state immunities.
- Topic:
- Human Rights, International Law, United Nations, War Crimes, and Russia-Ukraine War
- Political Geography:
- Russia, Ukraine, and Eastern Europe
4. The EU’s Magnitsky Act Obsolete in the Face of Russia’s Crimes in Ukraine?
- Author:
- Steven Blockmans
- Publication Date:
- 05-2023
- Content Type:
- Policy Brief
- Institution:
- International Centre for Defence and Security - ICDS
- Abstract:
- Despite the mounting evidence of the most serious of human rights violations being conducted by Russian forces on Ukrainian soil, the EU has chosen not to use its new Magnitsky Act to blacklist the perpetrators and their commanders. Instead, the EU has preferred to respond to Russia’s ‘dumb’ bombs with increasingly ‘dumb’ sanctions. This Brief explains why, after decades of work to smarten up its restrictive measures, the politicisation of human rights sanctions and the high threshold of evidentiary standards make it very hard for the Council to rely on evidence gathered from transition countries where the justice sector is still vulnerable to widespread corruption and political cronyism.
- Topic:
- Human Rights, International Law, European Union, and Russia-Ukraine War
- Political Geography:
- Russia, Europe, and Ukraine
5. The Responsibility of Business to Respect Human Rights
- Author:
- Özlem Zıngıl
- Publication Date:
- 11-2023
- Content Type:
- Policy Brief
- Institution:
- Turkish Economic and Social Studies Foundation (TESEV)
- Abstract:
- This brief provides a frame of reference and recommendations on the responsibility of business to respect human rights, based on the UN Guiding Principles on Business and Human Rights and current examples.
- Topic:
- Human Rights, United Nations, Business, Accountability, Transparency, and Labor Market
- Political Geography:
- Turkey and Middle East
6. Has Kosovo understood the Sexual Integrity of Women?
- Author:
- Blenda Asllani
- Publication Date:
- 09-2023
- Content Type:
- Policy Brief
- Institution:
- Kosovar Centre for Security Studies (KCSS)
- Abstract:
- The sexual integrity of women means their right to own and have full control over their bodies without any form of violence or coercion. Kosovo, like many countries in the world, has faced significant challenges in ensuring and fully respecting the sexual integrity of women. One of the most frequent forms of violation of the sexual integrity of women is sexual violence: sexual harassment, sexual assault, and rape. According to the database of the QIKA organization, from 2019 to 2022, 257 women reported that they were sexually assaulted and another 231 reported sexual harassment to the Kosovo Police. Violation of sexual integrity in Kosovo has not excluded even minor girls, where we recall the case of the rape of an 11-year-old girl by a group of 5 adult men in August, 2022. The recent data from the Information System of the Kosovo Police is a sobering reminder of the gravity of this situation: from January to May 2023, there have been 42 committed and 4 attempted rape cases. As Kosovo progresses towards enhanced national development and global integration, addressing sexual violence becomes crucial not just for individual well-being, but also as a fundamental matter of human rights, gender equality, public safety, and social cohesion.
- Topic:
- Human Rights, Women, Sexual Violence, Police, and Gender
- Political Geography:
- Eastern Europe and Kosovo