Torture is never legal, never justified, and always abhorrent by UN Office for Human Rights, agencies   Commemoration of the 40th anniversary of the adoption of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.   Volker Turk, United Nations High Commissioner for Human Rights:   The adoption of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 40 years ago was a seminal moment in the history of human rights.   It represented – and continues to represent – a powerful, collective commitment by States to prevent and punish one of the most despicable acts perpetrated by human beings.   Torture – the deliberate infliction of physical agony, psychological terror and trauma on defenceless adults and children – is a vile, heinous act that has absolutely no place in our world.   It is never justified; it is always abhorrent; and we have a clear legal and moral duty to prevent it.   Forty years after its adoption, the Convention has been ratified by 174 out of 193 Member States of the United Nations. But for an issue this fundamental, there must be universal ratification and adherence to this treaty by all States.   This important commemoration is a call to action – an opportunity for all States to re-commit to their obligations. Torture is a pestilence, and like any pest, its eradication requires constant vigilance and constant effort. The provisions of the Convention must be implemented tirelessly and faithfully.   Today, this Convention, and the dedication and commitment it demands, are more urgently needed than ever. Our troubled world is becoming more violent and more polarised.   According to statistics of the ICRC, we have over 120 conflicts raging globally, and every one of them is a chaos machine. Hate speech and discrimination are more and more prevalent, and entire communities are scapegoated and denounced.   At the same time, we see a pushback against the time-honoured values and norms of human rights. Even the fundamental principle that nothing ever justifies torture has been repeatedly questioned in recent decades.   The prohibition against torture is a jus cogens norm – a compulsory norm of international law that is absolute. It applies to everyone and every State, regardless of whether they have ratified the Convention.   Torture is never legal and never permitted, under any circumstances. And yet, to profound concern, it continues to blight our world.   It is harrowing to see the extent to which torture arises in our monitoring work and in the reports of my Office, and I fear that reports of torture and other cruel, inhuman or degrading treatment or punishment are increasingly being normalized. This is simply unacceptable. We must reject this trend, completely, categorically and collectively. We cannot allow what should be repulsive and repugnant to become mundane.   Each and every government, regardless of their political affiliation, has a responsibility to prevent and punish torture. Those in power must lead the way. Political leaders must make it crystal clear at the very highest levels that nothing ever justifies torture. They must hold perpetrators accountable – concretely and consistently.   I call on all governments to use the existing international machinery that backs the fight against torture. It offers support not only at the international level, but also through regional and national bodies that can support States in identifying gaps in their laws and policies, helping to prevent torture and ill-treatment, holding perpetrators accountable, and providing redress and rehabilitation to victims.   There is also a broader anti-torture movement that has an important role; when it comes to preventing torture and ill-treatment, when it comes to working towards accountability, and when it comes to supporting victims. Each component of this ecosystem is vital, and each must be fully supported and empowered.   Together, we must keep pushing for universal ratification and effective implementation of the Convention, including by ensuring that all the anti-torture mechanisms are properly resourced.   I have met many victims and survivors of torture throughout my life, and I came away from those meetings deeply saddened by the profound impact torture had on their lives but also inspired by their bravery and resilience.   Torture leaves very deep scars on the mind, body and soul of a person. It represents an intolerable strike against their dignity and humanity.   There is no room for torture in our societies: not in situations of conflict, not in crises, not in counterterrorism. We, as the international community, must reassert zero-tolerance for torture and ill-treatment.   Suzanne Jabbour, Chair of the Subcommittee on Prevention of Torture, said this commemoration served as a sombre reminder of the difficult realities the world was facing.   In conflict zones around the world, one child under the age of five died every four minutes. At this very moment, somebody was being tortured, somebody was silent about it, somebody was allowing torture to happen, and somebody was not accountable for having committed the abhorrent, inhuman, and useless crime of torture. When torture happened, a whole society was tortured, a country was tortured, humanity was tortured.   Alice Edwards, United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, described a testimony she had heard from victims and survivors, of a bloody and brutalised body, tossed from a police vehicle at night, found by children near their primary school. Each testimony was as heartbreaking as the next, leaving long-term wounds on individuals, their families and society as a whole.   Torture was the ultimate betrayal of a State’s pact with its citizens. It was the antithesis of human rights, democracy and good governance, and peaceful relations between States and peoples.   The Special Rapporteur said too many torturers were getting away with it. This was true of historic cases, but also new cases. Impunity reigned. There had been some progress due to legislative developments and forensics. However, too many cases were not being investigated and prosecuted.   Around 108 States had adopted an explicit crime of torture in their Criminal Code. However, some States still retained laws which were inherently torturous, including corporal punishment laws, laws which permitted solitary confinement beyond 15 days, and laws which allowed police to use torturous equipment.   National implementation was vital; it was about healing for survivors and devastated communities and holding offices to account. A lot more can be done at the national level, and it was States that had those primary responsibilities. They needed to be aware that torture could occur in many forms and at many levels. Universal jurisdiction could not replace the obligations of the authorities; it was not a substitute for national investigations and prosecutions which needed to take place.   Ms. Edwards commended the countries that were making changes and progress, and taking a stand against torture. However, too many States continued to deny torture, deny access to independent observers, and deny citizens the rights to live in peace, security and dignity. All States and public authorities must do better, with the Convention against Torture as the Guide, and its full implementation as the goal.   http://www.ohchr.org/en/statements-and-speeches/2024/11/turk-torture-never-legal-never-justified-and-always-abhorrent http://www.ohchr.org/en/news/2024/11/committee-against-torture-commemorates-fortieth-anniversary-convention-against-torture http://www.omct.org/en/resources/blog/torture-destroys-communities-an-interview-with-the-un-special-rapporteur-on-torture http://www.ohchr.org/en/special-procedures/sr-torture http://www.ohchr.org/en/instruments-mechanisms/instruments/convention-against-torture-and-other-cruel-inhuman-or-degrading   http://www.ohchr.org/en/press-releases/2024/10/special-rapporteur-urges-global-action-against-sexual-torture-armed-conflict http://www.ohchr.org/en/documents/thematic-reports/a79181-torture-and-other-cruel-inhuman-or-degrading-treatment-or http://news.un.org/en/interview/2024/10/1156141 http://redress.org/publication/briefing-to-cedaw-on-the-challenges-for-crsv-survivors-to-realise-reparation/ http://www.globalsurvivorsfund.org/why-we-exist/the-issue/ http://www.globalsurvivorsfund.org/latest/articles/reparation-can-address-gender-inequality Visit the related web page
	Application for an arrest warrant in the situation in Bangladesh/Myanmar by ICC Prosecutor Karim Khan Afghanistan, Bangladesh/Myanmar   23 Jan. 2025   Afghanistan: ICC seeks arrest warrants for Taliban leaders over gender-based persecution. (UN News/ICC)   The International Criminal Court (ICC) has taken an historic step towards addressing the “unacceptable” systemic repression of Afghan women, girls and LGBTQI+ individuals by the Taliban.   On Thursday, ICC Prosecutor Karim Khan applied for arrest warrants for two senior Taliban officials: Supreme Leader Haibatullah Akhundzada and Supreme Court Chief Justice Abdul Hakim Haqqani.   They are accused of crimes against humanity on the grounds of gender-based persecution under the Rome Statute of the court, which sets out the duty of every State signatory to exercise its criminal jurisdiction over those responsible for international crimes.   “These applications recognise that Afghan women and girls as well as the LGBTQI+ community are facing an unprecedented, unconscionable and ongoing persecution by the Taliban,” Mr. Khan said in a statement.   Since reclaiming power in Afghanistan in 2021, the Taliban have implemented a series of oppressive measures that have systematically stripped women of their rights, including barring them from employment, public spaces and education beyond the age of 12.   The ICC Prosecutor emphasised that these acts constitute severe deprivations of fundamental rights, including physical autonomy, freedom of expression and access to education – rights protected under international law.   Mr. Khan said the filings are supported by diverse evidence, including expert testimony, forensic reports and numerous decrees issued by the de facto authorities.   The ICC’s Afghanistan team, under the supervision of Deputy Prosecutor Nazhat Shameem Khan and Special Adviser on Gender and Discriminatory Crimes Lisa Davis, has played a critical role in investigating these allegations, the prosecutor continu   These severe deprivations of fundamental rights were committed in connection with other Rome Statute crimes, Mr. Khan explained.   “Perceived resistance or opposition to the Taliban was, and is, brutally repressed through the commission of crimes including murder, imprisonment, torture, rape and other forms of sexual violence, enforced disappearance, and other inhumane acts,” he said.   He underscored that the Taliban’s interpretation of Sharia – the Islamic legal system derived from the Quran – cannot be used to justify such violations of fundamental human rights.   “In making these applications, I wish to acknowledge the remarkable courage and resilience of Afghan victims and witnesses who cooperated with my Office’s investigations,” Mr. Khan noted.   “We remain unwavering in our commitment to ensure that they are not forgotten, and to demonstrate through our work, through the effective and impartial application of international law,” he affirmed, underscoring that “all lives have equal value.”   The Prosecutor also expressed gratitude to Afghan civil society and international partners for their support.   The ICC’s Pre-Trial Chamber will now determine whether these applications for arrest warrants establish reasonable grounds to believe that the named individuals committed the alleged crimes.   “If the judges issue the warrants, my Office will work closely with the Registrar in all efforts to arrest the individuals,” said Mr. Khan, also announcing that further applications against other senior Taliban leaders are forthcoming.   “Afghan victims and survivors have suffered injustice for too long,” he stressed.   http://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-kc-applications-arrest-warrants-situation-afghanistan http://news.un.org/en/story/2025/01/1159366 http://www.opensocietyfoundations.org/newsroom/open-society-welcomes-step-toward-justice-for-afghan-women-and-girls http://www.hrw.org/news/2025/01/23/afghanistan-icc-prosecutor-seeks-gender-persecution-charges   Nov. 2024   Application for an arrest warrant in the situation in Bangladesh/Myanmar - ICC Prosecutor Karim Khan   Since 14 November 2019, we have been investigating alleged crimes committed during the 2016 and 2017 waves of violence in Rakhine State, Myanmar, and the subsequent exodus of Rohingya from Myanmar to Bangladesh.   After an extensive, independent and impartial investigation, my Office has concluded that there are reasonable grounds to believe that Senior General and Acting President Min Aung Hlaing, Commander-in-Chief of the Myanmar Defence Services, bears criminal responsibility for the crimes against humanity of deportation and persecution of the Rohingya, committed in Myanmar, and in part in Bangladesh.   My Office alleges that these crimes were committed between 25 August 2017 and 31 December 2017 by the armed forces of Myanmar, the Tatmadaw, supported by the national police, the border guard police, as well as non-Rohingya civilians.   This is the first application for an arrest warrant against a high-level Myanmar government official that my Office is filing. More will follow.   Today’s application draws upon a wide variety of evidence from numerous sources such as witness testimonies, including from a number of insider witnesses, documentary evidence and authenticated scientific, photographic and video materials.   In collecting this evidence, the Office has benefitted from the crucial support of States, civil society partners and international organisations. In particular, the cooperation, the confidence and the steadfast commitment from the Rohingya community, the support of the Government of Bangladesh, and excellent cooperation from the United Nations Independent Investigative Mechanism for Myanmar have been essential to advancing this investigation.   I wish in particular to express my deep, profound gratitude to the Rohingya. More than a million members of their community have been forced to flee violence in Myanmar. We are grateful to all those who provided testimony and support to my Office, those that have shared their stories, those that have given us information and material.   It is now for the judges of the International Criminal Court to determine whether this application meets the necessary standard for the issuance of an arrest warrant. In the event that the independent judges of the ICC issue the requested warrant, we will coordinate closely with the Registrar of the Court in all efforts to arrest the named individual.   http://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-kc-application-arrest-warrant-situation-bangladesh http://news.un.org/en/story/2024/11/1157536 http://iimm.un.org/en/reaction-icc-prosecutors-request-arrest-warrant-min-aung-hlaing http://iimm.un.org/en/evidence-escalation-brutal-atrocities-committed-myanmar-military-myanmar-mechanism-annual-report   28 Oct. 2024   Demand for International Criminal Court’s work unprecedented amid record high threats, coercive measures worldwide, ICC President tells UN General Assembly. (UN News)   Speaking before the United Nations General Assembly, Tomoko Akane, President of the International Criminal Court (ICC), said the past year has been marked by an unparalleled increase in demand for the Court’s work, along with unprecedented levels of threats, pressures and coercive measures which pose a serious threat to administering justice   “Let me be very clear on this. We cannot give up. We will not give up,” Ms. Akane told delegates. Presenting the criminal tribunal’s annual report of its activities from 1 August 2023 to 31 July 2024, she said, it is “sadly” becoming increasingly more relevant in today’s world. “I say sadly, because this reflects a painful reality that countless innocent civilians live in pain and misery in all regions of the globe,” she added.   Stressing the Court is not a political institution, she said its judges will always be fully independent and impartial in carrying out their duties. “We are only bound by the law and we do not change the course of our actions due to threats, be them political or of another nature,” she said, adding: “We will continue abiding by our mandate undeterred, with integrity, determination, impartiality and independence at all times.”   The number of States parties to the Court will reach 125 — about two-thirds of the international community — on 1 January 2025, when Ukraine officially becomes a member after having deposited its instrument of ratification of the Rome Statute, the Court’s founding treaty, on 25 October.   Detailing the Court’s “extraordinarily busy period” for the past 12 months, she said there were outstanding arrest warrants against 20 individuals, including four arrest warrants issued concerning the Ukraine situation in 2024, when the report was submitted.   On 4 October 2024, Pre-Trial Chamber I unsealed six arrest warrants in the Libya situation, bringing the total to 26. This does not include many other warrants issued under seal and the enormous work done by the different Pre-Trial Chambers, she said.   While continuing to enhance its tracking capabilities, arrest warrants cannot be executed without States’ cooperation. “Again, the Court urges all UN Member States to assist the Court by cooperating on the arrest and transfer of individuals subject to outstanding ICC arrest warrants,” she said.   The Court’s first in absentia confirmation case is being held regarding the situation in Uganda on the charges against Joseph Kony. The victims of his alleged crimes have been awaiting justice for over 18 years.   At the trial level, Trial Chamber X convicted Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud of crimes against humanity and war crimes committed between 2 April 2012 and 29 January 2013 in Timbuktu, northern Mali, in the context of control by Ansar Dine and Al-Qa’ida in the Lands of the Islamic Maghreb, known as AQIM. The Chamber’s sentencing decision is scheduled for 20 November.   Hearings continued in the Yekatom and Ngaïssona and the Said cases from the situation in the Central African Republic and in the Abd-Al-Rahman case from the situation in Darfur.   During the reporting period, the Chambers issued 532 written decisions, in addition to oral and email decisions, and 158 hearings were held, she said. In 2023, 14 arrest warrants were issued, including those under seal.   Turning to the Court’s mandate towards victims of mass atrocities, she said reparations are an integral part of the tribunal’s proceedings. Reparations proceedings in the Katanga case concluded in April, with a closing ceremony held in Bunia, Democratic Republic of the Congo, marking a historic milestone.   Reparations orders in several other cases are being implemented and about 24,000 individuals, 53 per cent more than in 2023, are directly benefiting from medical treatment, psychological rehabilitation, socioeconomic support, education and peacebuilding activities through the Trust Fund for Victims. Sixty-nine per cent of the beneficiaries are women.   “We are truly at a turning point in history. The rule-based approach to the conduct of hostilities and global affairs and the very notion of international criminal justice is under significant threat,” she said. “It is up to the international community to decide whether the rule of law at the international level should be defended or whether we ought to revert to the rule of power”.   Cooperation with United Nations crucial for advancing Global Justice   Philemon Yang, UN General Assembly President said that while the Court is separate from the United Nations, cooperation between the two institutions is crucial to advance global justice and promote international peace and security.   At the heart of the Rome Statute is the principle of complementarity, which recognizes that the Court functions as a court of last resort, only exercising its jurisdiction where national courts fail to do so.   “Accordingly, strengthening justice systems at the national level, including through capacity-building initiatives should be a priority for us all,” he said.   Noting the conflicts in Gaza, Ukraine and Sudan have seen the potential commission of heinous crimes, he said it is vital that impunity in these situations is not tolerated.   “States must prioritize accountability, ensure justice for victims and restore a sense of security within affected communities,” he stressed.   http://press.un.org/en/2024/ga12548.doc.htm http://asp.icc-cpi.int/sites/default/files/asp_docs/ASP-23-STMT-PICC-ENG.pdf http://asp.icc-cpi.int/sites/default/files/asp_docs/ASP-23-STMT-PROS-ENG.pdf Visit the related web page
	View more stories