Legal Note No. 0424: Genocide Determination Bill 2023-24

This legal briefing focuses on the Genocide Determination Bill 2023-24 being debated in the UK Parliament. It explains what the Bill is, how it works and why it would help the UK Government fulfil its international legal obligations. The Bill requires the Government (executive) to identify situations of genocide or the serious risk of genocide in order to take reasonable steps to bring such situations to an end. It permits the Senior Courts in the UK to make preliminary determinations on the issue of genocide, or its serious risk, if the Government fails to make its own determination and Parliament mandates a response. If the Bill passes it would bring the UK a small-step closer to developing a comprehensive framework in responding to allegations of genocide, and other violations of peremptory norms of international law. The briefing was published in conjunction with the Coalition for Genocide Response and was drafted by Aarif Abraham.

Keywords: genocide, international law, briefing, obligations, international criminal law, public international law, genocide convention, UK, crimes against humanity, war crimes, justice, genocide determination bill

Legal Note No. 8: Genocide: A Short Primer on the Law

This legal note is a short primer on the law relating to the crime of genocide. Genocide, as an international crime has increasingly become subject to contestation in its application largely because of a lack of understanding about the nature, scope, and interpretation of the definition, as set out in the underlying jurisprudence. Clear lines of interpretation, however, do exist as to what genocide is and what it is not even if some of the contours of the crime are subject to academic debate and critique. Our short primer by Aarif Abraham helps to cut through the difficulties and explain the origins and nature of the crime and how it should be applied. Fair labelling and application is critical and more so as this year we celebrate the 75th anniversary of the Genocide Convention amidst widespread allegations of the crime being committed around the world. This legal note does not comment on any particular situation or apply the law to any particular set of facts. It is intended to help inform those that do.

Keywords: Genocide Convention, genocide, international law, international criminal law, international crimes, interpretation, responsibility

Legal Note No. 7: Genocide and Gender

This legal note outlines the definition and elements of the crime of genocide and the ways in which perceptions or beliefs about gender determine why, who and how perpetrators harm victims in genocidal conflicts. The United Nations Convention on the Prevention and Punishment of the Crime of Genocide is the key international instrument setting out the law relating to genocide. The prohibition of genocide is an obligation under the Convention and part of customary international law. States have the responsibility to prevent and punish the crime of genocide in all its forms and give domestic effect to these obligations including by consideration of sexual and gender-based violence. The legal note discusses these matters in further detail and considers, in particular, the proposition that sexual and gender-based violence are early warning signs which, if identified by States, can prevent the escalation of conflict and of genocide.

Keywords: genocide, gender, violence, conflict, women, children, international law, human rights, Genocide Convention, ICTR, ICTY

Legal Briefing No. 0422: Turkish Airstrikes on Yazidis in Northern Iraq

This legal briefing focuses on Turkey’s military operations, and specifically the conduct of airstrikes, in northern Iraq. Since August 2016, Turkey has conducted, through its own armed forces and together with Turkish-backed non-state armed groups, military operations and airstrikes in and against northern Syria and northern Iraq. There are strong grounds to conclude that Turkey, as part of its military operations, has targeted and/or conducted indiscriminate attacks, including airstrikes, against Yazidi civilians and civilian objects in northern Iraq. There is a real and serious concern that these lethal attacks against civilians and civilian objects, which are continuing, constitute grave violations of international law. Accountability Unit, through the support of City, University London, has filed a communication to relevant UN Special Rapporteurs on this matter together with commissioners at relevant organisations. The factsheet was drafted by Tatyana Eatwell and Aarif Abraham with contributions from Jacqueline Jahnel.

Legal Factsheet No. 0222: Genocide Amendment to the UK Health and Care Bill 2021-2022

This legal factsheet explains what the “NHS Genocide Amendment” to the Health and Care Bill 2021-2022, being debated in the UK Parliament, seeks to do and how it helps the UK fulfil its international legal obligations. The NHS Genocide Amendment will ensure that a Minister of the Crown will carry out an assessment of a serious risk of genocide in a region in which the UK procures medical goods or services, if a relevant committee of Parliament requests an assessment. If the Amendment passes it would bring the UK a small-step closer to developing a comprehensive framework in responding to allegations of genocide, and other violations of peremptory norms of international law, and meaningfully engage its obligations to prohibit, prevent and punish (perpetrators of) genocide. The factsheet explains, in accessible terms, how the amendment works, the procedural history to it being tabled and why it is necessary now. The factsheet was drafted by Aarif Abraham.

Legal Factsheet No. 0221: Revised Genocide Amendment to Trade Bill 2019-2021

This legal factsheet provides an update on the Genocide Amendment to the Trade Bill 2019-2021, which is being debated in the UK Parliament. It explains the procedural and substantive developments since 9 February 2021 when the Amendment in its original form was defeated in the House of Commons. The factsheet explains what a rival amendment, supported by the Government, seeks to do and how a Revised Genocide Amendment strikes a necessary compromise. The Revised Genocide Amendment will allow an independent and impartial Parliamentary Judicial Committee (“PJC”) to make a preliminary determination on genocide should a relevant committee of Parliament find credible evidence of genocide in the territory of a UK trading partner. The factsheet explains, in accessible terms, how the Revised Genocide Amendment works and what the process and procedure would be for a preliminary determination. The factsheet was drafted by Aarif Abraham.

Keywords: genocide, trade bill, international law, briefing, obligations, international criminal law, public international law, genocide convention, UK

Legal Factsheet No. 0121: Genocide Amendment to Trade Bill 2019-2021

This legal factsheet explains what the Genocide Amendment to the Trade Bill 2019-2021, being debated in the UK Parliament, seeks to do and how it helps the UK fulfil its international obligations under the Genocide Convention. The Genocide Amendment allows survivors and victims to ask the UK High Court to make a preliminary determination on whether a UK trading partner is committing or has committed genocide. The factsheet explains, in accessible terms, how the amendment works and what the process and procedure would be for an application leading to a preliminary determination. The factsheet also dispels some myths and misconceptions about the Genocide Amendment and clarifies what it does not do. The factsheet was drafted by Aarif Abraham.

Keywords: genocide, trade bill, international law, briefing, obligations, international criminal law, public international law, genocide convention, UK

Legal Note No. 6: EU Law Protections for Refugee Women and Children - Spotlight on the European Convention on Human Rights

This legal note outlines the European Convention on Human Rights (ECHR) protections afforded to refugee women and children. The ECHR is an international treaty that protects the fundamental civil and political rights of individuals in countries that belong to the Council of Europe. Women and child refugees and asylum seekers are particularly vulnerable to human rights violations due to heightened risk of human trafficking and exploitation, unlawful detention in unsuitable conditions and, sometimes, FGM. Although the ECHR does not provide for any specific protections for women and children refugees and asylum seekers, the European Court of Human Rights has developed a number of such protections through its jurisprudence. The Legal Note discusses these matters in further detail and considers, in particular, challenges to access to justice and accountability. 

Keywords: women, children, gender, trafficking, refugee, asylum, protection, impunity, legislation, human rights, FGM, ECHR, ECtHR, European Convention on Human Rights

Legal Note No. 5: EU law protections for women asylum seekers

This legal note outlines the EU law rights and protections afforded to women asylum seekers. The EU legal framework governing asylum claims and human trafficking generally takes into account the specific circumstances and special needs of vulnerable women; establishing, in particular, common rules on protections for asylum seekers and victims of human trafficking. While the EU framework takes into account gender issues, reservations have been expressed about its transposition and implementation at national level, contributing to protection gaps for women and girls. Some EU Member States fail to meet EU minimum standards. An oft-cited solution would be the creation of EU-wide gender guidelines on refugees to harmonise gender-sensitive asylum systems and to foster consistency across EU Member States.

Keywords: women, gender, trafficking, refugee, asylum, protection, impunity, legislation, human rights, EU

Legal Note No. 4: EU protections for child refugees

This legal note outlines the EU law rights and protections afforded to child refugees. Despite legal protections child refugees, including those arriving in the EU, are particularly vulnerable to the risk of sexual violence or gender based harm, such as trafficking and sexual exploitation. EU Member States and EU agencies are required to act in “the best interests of the child” in all decision-making processes. Various pieces of EU legislation contain special protections for child migrants but implementation of the EU’s protective legislation can be varied and inconsistent. Greater awareness of protections, stronger implementation and closer co-ordination will assist refugee children better.

Keywords: children, trafficking, refugee, protection, impunity, legislation, human rights, EU

Legal Note No. 3: International law protections for refugee women in relation to trafficking

This legal note outlines the international law protections for refugee women in relation to trafficking. International law prohibits the trafficking of persons and provides special protection to refugees, whilst recognising the unique experience of women. Despite international law protections, women are at higher risk of becoming victims of trafficking and sexual exploitation. There are three key issues that need to be addressed: (1) attempts by States to adopt restrictive interpretations of the definitions of ‘refugee’ and ‘trafficking’ which loosen legal protections and are contrary to established legal principles; (2) non-comprehensive ratification of key legal instruments by States; and (3) and ineffective mechanisms at the international level for monitoring and enforcing implementation.

Keywords: women's rights, trafficking, refugee, protection, impunity, legislation, human rights, CEDAW, Palermo Protocol

Legal Note No. 2: International law protections for refugee children: Gender-based rights considerations

This legal note outlines the international law protections for refugee children that are fragmented across multiple legal instruments. Gender-based concerns do not tend to be the key focus of the legal instruments themselves, although in recent decades, UN agencies and NGOs have clearly identified such concerns in relation to displaced children. Despite widespread ratification, international human rights instruments are often hampered by inadequate incorporation into domestic legal systems of State parties and a lack of accountability of State parties for their noncompliance.

Keywords: children, refugee, protection, rights of the child, impunity, legislation, human rights, UNCRC, Palermo Protocol

Legal Note No. 1: Conflict related sexual violence

This legal note considers the key themes and contexts within which conflict related sexual violence occurs. It examines key international legal instruments relevant to this area and explores mechanisms for their implementation. It concludes with suggestions for prevention and proposes further gender-specific ways to ensure legal accountability for crimes.

Keywords: conflict, sexual violence, accountability, impunity, women, peace, security, gender based rights, gender based violations, international criminal law, international human rights law, redress, justice.

Brief Note No. 2: Revisions to Turkish legislation on sexual abuse of children

This briefing concerns Turkish legislation on sexual abuse of children which was amended in November 2016 after controversial government proposals which attempted to significantly dilute protections for children. The current legislation, even after the amendments, is limited to increasing punishment for the crime, and is likely to result in unwelcome court decisions not acting in the best interest of children. Accountability Unit assesses the shortcomings to the legislation and proposes that Turkey urgently adopts a national plan of action and further legal protections to actively prevent different manifestations of sexual abuse of children.

Keywords: sexual abuse, child abuse, Turkey, criminal law, rape, child marriages, trafficking, rights of the child, impunity, legislation

Brief Note No. 1: Assessing gender based rights violations in Gaziantep, Turkey

This briefing outlines current gender based human rights violations in the form of trafficking, forced prostitution and sexual abuse of women and children, in particular refugees, in Gaziantep and the region. It proposes further action required on the part of the State to address violations and the role civil society stakeholders may play.

Keywords: Turkey, Gaziantep, Antep, gender based violations, gender based rights, sexual violence, women, peace, security, VAW, SGBV, human rights, accountability, impunity, redress.

Amicus Curiae Brief - Case of Z.B.T. v. M.T. and M.G.E - Recommendations on Principles of Juvenile Justice in Turkey

Accountability Unit submitted an Amicus Curiae Brief to the Istanbul Anatolian 30th Criminal Court, concerning the lack of protection provided to a 12 years old girl (B.T.) who was effected by an ongoing legal battle between her parents (Case of Z.B.T. v. M.T. and M.G.E). We asked the Turkish Court to consider: (a) acting in accordance with the principle of the best interests of the child; and (b) that every child has a right to be heard during court proceedings and a right to self-determination on issues affecting their lives. We recommended that all necessary measures to be taken in order to protect B.T. within the juvenile justice system and from further violence and trauma by her care givers.

Open Letter to the Turkish Parliament regarding the law on sexual exploitation of children

This Open Letter outlines our concerns and recommendations regarding a proposed law on sexual exploitation of children in Turkey. We are concerned that annulling the current prohibition of all sexual acts with children under 15 years of age without further legislation prohibiting such acts, nor defining the crime of sexual exploitation of children, the Proposal effectively removes the age of consent for child victims. We wish for an open and transparent discussion of the proposed law and urge the Turkish Parliament to review the Proposal to amend Article 103 in light of many multi-disciplinary studies conducted on child exploitation and to consult lawyers and human rights practitioners working in this field when amending the law. 

Keywords: sexual exploitation, child abuse, Turkey, criminal law, age of consent, rape, child marriages, trafficking, rights of the child, impunity, legislation