One year ago, the US targeted killing of #Iran’s #GeneralSoleimani in #Iraq became the first known incident outside the context of a declared conflict in which a State invoked self-defence as justification for an attack against a State-actor. undocs.org/en/A/HRC/44/38
The international community feared its aftermath would see military escalation with devastating consequences. However, while the worst in terms of a global conflict was avoided, worse struck nevertheless. spcommreports.ohchr.org/TMResultsBase/…
On 8 January,176 innocent people subsequently lost their lives when their flight, PS 752, was struck down by Iranian missiles. A month later, Iranians were killed, and hundreds arrested, as they demonstrated for accountability and truth from the Iranian leadership for this attack
And what of the young Iraqis killed throughout 2020 because they dared demand a better world? Because they dared reject the rule of the militias? A year later, those demonstrations have been crushed in blood. spcommreports.ohchr.org/TMResultsBase/…
So yes, there was no international war. But many paid the highest price, and many more continue, in the name of justice, to risk the same. And didn’t the US attack and its aftermath hammer yet another nail in the coffin of international law and international rule?
The justifications advanced by the US for its drone attack against General Soleimani, and later by Iran for its attack against US bases in Iraq, lacked any evidence of imminent threat. Clearly, the strikes were made in retaliation or as reprisals. And thus they were unlawful.
The US killing of General Soleimani, a State officials, also failed to meet the standards of necessity and proportionality. It was unlawful under human rights law. What does its precedent mean?
We now confront the real prospect that States may opt to strategically eliminate high-ranking officials outside the context of a known war and then attempt to justify such a killing on the grounds of the target classification as a “terrorist who posed an undefined, future threat.
And it means we also face the possibility that ALL soldiers, anywhere in the world at any time, may be deemed a legitimate target. Further, by killing General Soleimani on Iraqi soil without first obtaining Iraq’s consent, the US violated the territorial integrity of Iraq.
And what about the fact that, one year later, the US and Iran are still threatening each other, thus the whole region, if not the world, with further attacks? Where is accountability for all the victims fallen collateral to this conflict-without-a-name?
Where is the global leadership mediating for its resolution? Demanding accountability for its prosecution? How are we to mend the law and standards there to protect us all, but damaged perhaps beyond repair? Where are the institutions ready and able to intervene, to act, to mend?
Those are the questions we should be asking. And it is their answers that we should be demanding. As we look to priorities for 2021, they may be among the most important actions we have to take.
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چرا بسیاری از اعدامها و احتمالاً اکثر آنها، به اعدامهای خودسرانه تبدیل میشود؟
حقوق بین الملل محدودیتهای بسیار جدیای بر مجازات اعدام اعمال میکند و تضمینهای قانونی اکید و بی چون وچرایی نیز در مراحل مختلف دادرسی و صدور حکم، الزام میدارد./1
عدم رعایت این محدودیتها و تضمینها به سلب خودسرانه و در نتیجه غیرقانونیِ حیات از فرد منتج میگرد.
اعمال مجازات اعدام به گونهای که مفاد دیگری از میثاق بین المللی حقوق مدنی و سیاسی را نقض کند (حق بر دادرسی عادلانه، ممنوعیت شکنجه، ممنوعیت اعمال تبعیض و غیره)،/2
به خودی خود، موجب میشود اعدام مورد نظر خودسرانه تلقی گردد.
به موجب حقوق بین الملل، مجازات اعدام به صِرف این که پس از طی مراحل قانونی اعمال میشود، قانونی نیست.
تنها رعایِت تضمینهای دقیق، سختگیرانه و انعطاف ناپذیرِ تشریفات قانونی است که/3
Why are many, if not the majority, of #deathpenalty cases amounting to arbitrary executions, whether carried out in #Iran, #SaudiArabia the #UnitedStates or elsewhere? This is a long thread providing some explanations.
International law imposes severe restrictions on the use of death penalty and demands strict safeguards. Non-compliance with these restrictions and safeguards leads to arbitrary and thus unlawful deprivation of life.
The imposition of #deathpenalty in a manner that is contrary to the International Covenant on Civil or Political Rights (e.g. fair trial, prohibition against torture, prohibition against discrimination, etc.) would automatically translate into the execution being deemed arbitrary
Long thread on the human rights situation in the #Philippines. My heart cries out for #ZaraAlvarez, for her family, her friends, her colleagues, the people she served. WHAT WILL IT TAKE FOR THESE KILLINGS TO STOP? HOW MUCH MORE SORROW, GRIEF, PAIN CAN THE PEOPLE ENDURE?
The war on drugs is in fact a war on the poor and it also turns out to be a war on dissent. The poison unleashed 4 years ago has spread, devouring more people and more regions, urban and rural areas, city dwellers and poor farmers alike.
One year ago, 11 @UN_SPExperts called on the Human Rights Council to establish an independent investigation into human rights violations in the Philippines. Last June, there were 33 of us, calling yet again for an international investigation into human rights in the #Philippines
Today 45 migrants and refugees died off Libyan coast; one 16 year old Sudanese boy died off the French coast. These are all unlawful deaths, which engage the responsibility of European and British Governments to respect or protect the right to life. WHY? uk.reuters.com/article/uk-lib…
First, to avoid migration across their borders, the EU/UK rely on the policy of extraterritoriality to stop migrants before they reach their territory. Such policies include assisting, funding or training Libyan agencies to arrest, detain, rescue or disembark refugees/migrants
There is plenty of evidence proving that Libyan authorities and armed groups are responsible for serious human rights violations, including violations of the right to life., of migrants.
My latest report to the UN #HRC44 focus on targeted killings by armed drones: ohchr.org/EN/Issues/Exec… The world has entered a “second drone age”, in which State and non-State actors are deploying ever more advanced drone technologies, a major international, security issue.
As of 2020, at least 102 countries have acquired an active military drone inventory, and 20 armed non-State actors reportedly have obtained armed and unarmed drone systems. This expanding use of drones is accompanied by an increasing disregard of central int'l law principles.
To justify extraterritorial drones use of force, some States have reinterpreted the law of self-defence by distorting the notion of “imminent” attacks and the principle of State sovereignty. Low-intensity conflicts are drawn-out with few if any geographical or temporal boundaries
Police Use of force should be guided by the principles of legality, necessity, proportion, precaution and non-discrimination. These are fundamental principles of international human rights law that should bind all states. But they are not the norms in the #USA. #ICantBreath
The use of lethal force in the US is heavily decentralised. There is no federal law. It is regulated at State and municipal level and does not meet international standards which require that lethal force be the exception and only when strictly necessary to protect life.
In the US police can use lethal force where it is ‘reasonable’ on the basis of the severity of the crime at issue, if there is an immediate threat to the safety of officers or others, if he/she is resisting arrest, if there is probable cause of serious physical harm.