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July 2014
Editor-in-Chief: Nicola Giovannini
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 Highlights

Libya: NPWJ and NRPTT welcome ICC ruling on the Al-Senussi case, which heralds new potential for justice and strengthening human rights protection
 

No Peace Without Justice (NPWJ) and the Nonviolent Radical Party, Transnational and Transparty (NRPTT), welcome the decision by the ICC Appeals Chamber that the case against Colonel Gaddafi’s former intelligence chief, Mr Abdullah Al-Senussi is to proceed in Libya. This decision confirms that the local judicial authorities are not only willing but are also able to take up prosecutions of crimes under international law committed on its territory by its citizens. This ruling is a positive answer to Libyans’ aspirations to see the alleged perpetrators of crimes against them face justice where those crimes were committed.
 
As one of the alleged masterminds behind the brutal attacks against the civilian population in Libya, it is critical that Mr Al-Senussi be held accountable through an independent and fair judicial process. We urge the Libyan judicial authorities to ensure that the proceedings are conducted with impartiality and strict adherence to all due process rights and fundamental guarantees, according to the highest international standards. It is time now for Libya to give voice to the principles underpinning the revolution by ensuring this trial takes place fairly and expeditiously.
 
As we have consistently maintained, the international community should support Libya in its efforts to establish a culture of accountability by enhancing technical assistance to the country’s local authorities and civil society. This includes the Libyan Ministry of Justice, which is responsible for carrying out the trials, and monitoring mechanisms such as the Libyan Trial Monitoring Network, established in August 2013 with the support of NPWJ, which is monitoring very closely Mr Al-Senussi’s trial in Tripoli.
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International Justice Day: NPWJ and NRPTT call for stronger commitment to the fight against impunity
 

No Peace Without Justice and the Nonviolent Radical Party, Transnational and Transparty (NRPTT) celebrate International Justice Day as an important milestone in the history of the world, particularly for the victims of crimes under international law. On this day, on which the ICC was born through the adoption of its Statute in 1998, we commemorate this moment with our partners and with everyone involved with the fight against impunity, including the ICC itself.
 
We take this opportunity to recall that for the fight against impunity to be won, two things need to happen. States need to take every opportunity to publicly reaffirm their commitment against any attempt to embrace impunity, wherever it threatens to occur, then they need to stand by those words and make accountability happen. The victims and populations that have suffered directly and indirectly from crimes under international law need to be front and centre in the justice process: they are not an “add-on” or a luxury, they are the very reason why we fight impunity at all.
 
Today is also an occasion to highlight a number of developments in the world of international justice, some positive and some worrying, and to note some areas where there have been no developments at all. For the International Criminal Court itself, this has been a year of ups-and-downs. What remains constant is that to maintain and strengthen its relevance and impact, the ICC must have teeth. To give real teeth to the promise of justice, all States Parties should fulfil their obligations under the Rome Statute and cooperate fully with the ICC, notably by ensuring as a matter of priority the enforcement of all its outstanding arrest warrants. States Parties must ensure that the ICC has sufficient financial resources and support to carry out its work and is in a position to be responsive to the needs and expectations of its primary constituents, i.e. the victims of the crimes it investigates and prosecutes.
 
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*  Alison Smith is Legal Counsel and Director of International criminal Justice Program of No Peace Without Justice

Rule of Law: the Italian judicial system promotes impunity
 

It took 14 years, lots of strength and expenditure of significant economic resources for Valentino Saba to have recognised, in Europe, those human rights that Italy denied to him. His legal nightmare began in 2000, after he and other detainees were beaten by prison police officers of the San Sebastiano prison of Sassari. The majority of the prosecutions against the officers involved were dismissed due to the unfair effects produced in the Italian judicial system by the statute of limitations.
 
The detainee Valentino Saba had no other option but to apply to the European Court of Human Rights, which convicted Italy today for inhuman and degrading treatment. This sentence is only the latest of a long list of convictions against Italy for violations of Article 3 of the Convention. The Nonviolent Radical Party, Transnational and Transparty, Radicali Italiani and No Peace Without Justice supported Saba’s claims in front of the Court as “amicus curiae”.
 
On the first day of the Italian presidency term of the EU, the decision taken by the European Court restores dignity to justice, but at the same time emphasizes the disgrace to which the government led by Matteo Renzi continues to force Italy. The Radicals have been criticizing the downfall of the judicial system for years now; however within the Government, declarations of principles continue to be preferred over structural measures.
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Niccolò Figà-Talamanca and Antonella Casu are respectively Secretary General and Treasurer of No Peace Without Justice 

 NPWJ events

Libya: NPWJ supports accountability and rule of law through the Libyan Trial Monitoring Network
 

In the framework of its Transitional Justice Program in Libya, No Peace Without Justice (NPWJ) supported the establishment in June 2013 of the Libyan Trial Monitoring Network (TMN), which includes Libyan lawyers and members of the Tripoli Bar Association. Over the last three months, NPWJ also organised several meetings aimed at assisting the TMN in its ability to follow high-profile cases as they arise and to play a significant role in supporting judicial reforms and enhancing the fairness, effectiveness and transparency of the Libyan judiciary.
 
These meetings, held at the NPWJ office in Tripoli, were focused on addressing the specific technical and practical challenges the TM group has faced so far in the process of establishing its presence in Libya and gaining entry to courts to monitor trials, in particular in Tripoli and Misurata, as well as in collecting and managing relevant data and information. Members of the TMN also underlined the importance of monitoring criminal cases, cases related to the revolution and cases related to Sexual and Gender-Based Violence (SGBV),  which have a relevant impact for the ongoing country’s post-conflict transition.
 
Since its inception, the TMN has been monitoring very closely the proceedings of the the trials against Saif al-Islam Gaddafi and other former top leaders of the past regime before the Libyan Courts. Without underestimating the serious challenges that the Libyan judicial system faces and the serious security concerns of the current crisis, these trials mark an historic opportunity for the Libyan authorities. Providing technical support to local authorities and civil society, including to monitoring mechanisms such as the Libyan TMN, can significantly contribute to to ensure that the domestic proceedings are conducted with fairness, impartiality and strict adherence to all due process rights and lay the ground for a better, stable future for a new Libya based on human rights and the rule of law. 
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 NPWJ on Radio Radicale

Have Breakfast with No Peace Without Justice
 

No Peace Without Justice and Radio Radicale, the foremost Italian nationwide all-news radio, have an ongoing partnership to provide news and information on our activities to a broad Italian audience. This partnership features an in-depth weekly program on NPWJ’s current campaigns and activities. The program is broadcast in Italian every Friday morning immediately before the main news summary.

The last episodes have focused mainly on International Criminal Justice, in occasion of the International Justice Day, celebrated on 17 July, and special attention has been given to the decision of the ICC to confirm the inadmissibility of the Al-Senussi case to the ICC. As for the Middle East and North Africa Democracy Program an episode was dedicated to the worrying rise to power of ISIS in Iraq and Syria, while Giulia Cappellazzi from the field office in Tripoli was interviewed on the changes in the political scene after the recent elections in Libya.

 

Listen to the episodes

 NPWJ press releases

Libya: NPWJ and NRPTT welcome ICC ruling on the Al-Senussi case, which heralds new potential for justice and strengthening human rights protection
Brussels - Rome - New York, 24 July 2014

No Peace Without Justice mourns the passing of former ICC Judge Hans-Peter Kaul
Brussels - Rome - New York, 21 July 2014

Death Penalty Worldwide: Presentation of the Hands Off Cain 2014 Report and “The abolitionist of the year 2014” Award
Rome, 18 July 2014

International Justice Day: NPWJ and NRPTT call for stronger commitment to the fight against impunity
Brussels - Rome - New York, 17 July 2014

Libya: NPWJ supports accountability and rule of law through the Libyan Trial Monitoring Network
Tripoli, 10 July 2014

Rule of Law: the Italian judicial system promotes impunity
Rome – Brussels – New York 1 July 2014

NPWJ and the NRPTT mourn the killing of Salwa Bugaighis, Libyan human rights lawyer and defender, and note with sadness the passing of Florence Ali, women’s rights activist from Ghana
Brussels, 27 June 2014

Ending impunity in Syria and ICC referral: Open letter to the UN Human Rights Council Permanent Representatives
Brussels - Rome - New York, 19 June 2014

 NPWJ in the news


 

Appeals Chamber confirms Libya can try former spy chief Al-Senussi
#GlobalJusticeWeekly (CICC), 25 July 2014

ICC backs Libyan trial for Senussi but still wants Saif
Libya Herald, 24 July 2014

Civil society urges support for ending impunity on International Justice Day
#GlobalJusticeWeekly (CICC), 18 July 2014

Detenuto torturato, la Corte Europea condanna l’Italia
Il Tempo, 2 July 2014

Senza giusta pena Italia (ri)condannata
Il Manifesto, 2 July 2014

Bahrain phoney “reforms” slammed during side event in Geneva
ABNA News Agency, 19 June 2014

UN / Geneva: NPWJ and NRPTT convene side event on “Ending Impunity for Atrocities in Syria”
Akhbar Alaan TV (Arabic), 19 June 2014

Sulla Siria tutti sanno tutto ma nessuno fa niente
Marco Perduca, Huffington Post, 18 June 2014

Qatar Permanent Delegation in Geneva Holds Workshop on Situation in Syria
MOFA Qatar, 18 June 2014

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