ABOUT THE CAMPAIGN
Amnesty International’s Campaign for International Justice demands justice, truth and full reparations for victims of serious human rights violations.
In recent history, millions of crimes of genocide, crimes against humanity, war crimes, torture, extrajudicial executions and enforced disappearances have been ignored by national authorities.
Victor’s justice, discrimination against victims, damaged justice systems and political efforts to move forward without addressing the past are common reasons for this impunity. The result is that perpetrators have been free to plan and commit horrific crimes safe in the knowledge that they will not be held to account. Victims, their families and their communities have been left to suffer.
In the last two decades, major progress has been made towards reversing this trend of impunity by establishing a new system of international justice to deliver justice to victims and to press national authorities to fulfil their responsibilities:
- A permanent International Criminal Court has been established to investigate and prosecute crimes committed after 1 July 2002;
- Other ad hoc international or internationalized courts have been established in a few situations, including Cambodia, the former Yugoslavia, Rwanda, Sierra Leone and Timor Leste;
- A number of national courts have tried persons accused of crimes committed abroad before their national courts and ordered reparations to victims by exercising universal jurisdiction.
The challenge now is to ensure that this new international justice system succeeds in practice.
Amnesty International’s Campaign for International Justice will support international justice in the next crucial years when it is expected that it will face tough tests and political attacks as it challenges the entrenched trends of impunity.
We will campaign for:
- more states to commit themselves to international justice by ratifying the Rome Statute of the International Criminal Court;
- governments and intergovernmental organizations to provide the International Criminal Court and other courts investigating and prosecuting these crimes with full cooperation and support;
- more national authorities to exercise universal jurisdiction to ensure their countries are not safe havens.
Recognizing that the root cause of impunity lies in the failures of national authorities to act, the Campaign will also demand that those authorities respond to crimes committed in their countries or by their nationals. They must take prompt and effective steps to ensure:
Justice: by investigating all crimes and, when there is sufficient admissible evidence, prosecuting the suspects in fair trials without recourse to the death penalty; or extraditing suspects to states able and willing to do so; and
To ensure that states have in place the tools for justice, we will campaign for governments to review and amend their laws. When national authorities fail to respond genuinely to crimes, Amnesty International will campaign for international justice solutions to ensure that there is no impunity.
The challenges we will confront are significant and the stakes are high. An effective system of international justice could not only mean that victims and their families have access to justice, truth and reparations when these crimes are committed, but also that those planning to commit such crimes may think twice before they act.
The Campaign will run from 2010 to 2016. You can follow the Campaign and take action to promote international justice via these web pages. You can also follow the Campaign on Twitter or through the Campaign Facebook page.
ISSUES
Amnesty International campaigns for an effective system of international justice, including the following national and international elements, to ensure that: justice is done, that the truth is told and that full reparations are provided to victims when genocide, crimes against humanity, war crimes, torture, extrajudicial executions and enforced disappearances are committed.
- National justice to investigate and prosecute the crimes committed in their countries before national courts.
- Truth commissions to ensure that the truth about the crimes is told.
- Full reparation to address the suffering of victims through national processes.
- Universal jurisdiction to investigate and prosecute the crimes on behalf of the international community in national courts, regardless of where the crimes were committed or the nationality of the accused or the victim.
- International Criminal Court to investigate and prosecute crimes when national courts are unable or unwilling genuinely to do so.
- Other international and internationalized courts to investigate and prosecute crimes in specific situations.
NATIONAL JUSTICE
Ensuring national authorities investigate and prosecute serious human rights violations before national courts.
History demonstrates that when genocide, crimes against humanity, war crimes, torture, extrajudicial executions and enforced disappearances have been committed, in nearly all cases, national authorities have failed to investigate and prosecute these crimes.
The common reasons for this failure have been:
- Lack of political will.
- Political decisions to establish amnesties protecting the perpetrators.
- Collapse of the national legal system.
- Inadequate national laws criminalizing the crimes.
- Other legal obstacles to justice, including statutes of limitations and immunities.
Although in some instances international and internationalized criminal courts have been established to prosecute crimes in a few national situations, in practice they have only prosecuted them in a small number of cases.
To end the trend of impunity completely, it is essential that states directly affected by the crimes fulfil their responsibilities and that international courts or other states, acting on behalf of the entire international community, step in to do so when these states fail to act.
Establishing effective national frameworks to guarantee against impunity
Amnesty International is campaigning for all governments, regardless of whether they have been directly affected by these crimes in recent history, to:
- ensure that national laws enable national authorities to investigate and prosecute these crimes wherever and whenever they have occurred without obstacles
- ratify the Rome Statute of the International Criminal Court and the Agreement on Privileges and Immunities of the International Criminal Court and ensure that national law provides for full cooperation with the International Criminal Court, in case the national justice system is unable or unwilling to prosecute the crimes and the Court steps in.
Investigating and prosecuting the crimes before national courts
When the crimes are committed, Amnesty International campaigns for the governments of the countries where the crimes were committed or whose nationals committed the crimes to establish, with the help of the international community, a comprehensive plan of action to ensure that all crimes are investigated and, where there is sufficient evidence, those suspected of committing the crimes are prosecuted in fair trials, without recourse to the death penalty, torture or ill-treatment or other human rights violations.
Since these crimes are the worst crimes known to humanity, any national barriers to prosecution must be removed, including immunities, amnesties and statutes of limitations.
TRUTH COMMISSIONS
Establishing effective national mechanisms to document the truth about the crimes.
All victims of genocide, crimes against humanity, war crimes, torture, extrajudicial executions and enforced disappearances have a right to truth.
Truth is a vital response to the crimes:
Truth is a vital response to the crimes:
- For the direct victims to know the whole truth about the crimes they suffered and the reasons behind it, as well as have their suffering publicly acknowledged. Moreover, truth is necessary to correct any false accusations made against them in the course of the crime.
- For family members, particularly of those killed or disappeared, to find out what happened to their loved-one and to establish their whereabouts.
- For the affected society to know the circumstances surrounding and reasons that led to violations being committed to ensure that they will not be committed again, and to have their shared experiences acknowledged and preserved.
In more than 30 countries, truth commissions have been established as official, temporary, non-judicial fact-finding bodies to investigate a pattern of abuses of human rights, including the crimes, and to establish the truth. Most conclude their work with a final report containing findings of fact and recommendations.
Amnesty International campaigns for the effective establishment and functioning of truth commissions when crimes have been committed. In particular, the organization campaigns for truth commissions to take a victim-centred approach and to uphold the right of victims to obtain truth, justice and full reparation. To this end, truth commissions should:
Amnesty International campaigns for the effective establishment and functioning of truth commissions when crimes have been committed. In particular, the organization campaigns for truth commissions to take a victim-centred approach and to uphold the right of victims to obtain truth, justice and full reparation. To this end, truth commissions should:
- clarify as far as possible the facts about past human rights violations
- provide the evidence they gather to continuing and new investigations and criminal judicial proceedings
- formulate effective recommendations for providing full reparations to all the victims and their families
Truth commissions: a worldwide phenomenon
From 1974 to 2007, at least 32 truth commissions were established in 28 countries. More than half of these commissions have been established in the past ten years. Other truth commissions are also being considered.
- Argentina (National Commission on the Disappearance of Persons, 1983)
- Bolivia (National Commission of Inquiry into Disappearances, 1982)
- Chad (Commission of Inquiry on the Crimes and Misappropriations Committed by the ex-President Habré, his Accomplices and/or Accessories, 1991)
- Chile (National Commission for Truth and Reconciliation, 1990; National Commission on Political Imprisonment and Torture, 2003),
- Democratic Republic of Congo (Truth and Reconciliation Commission, 2003)
- Ecuador (Truth and Justice Commission, 1996; Truth Commission, 2007)
- El Salvador (Commission of Truth, 1992)
- Germany (Commission of Inquiry for the Assessment of History and Consequences of the SED Dictatorship in Germany, 1992)
- Ghana (National Reconciliation Commission, 2002)
- Grenada (Truth and Reconciliation Commission, 2001)
- Guatemala (Commission for the Historical Clarification of Human Rights Violations and Acts of Violence which Caused Suffering to the Guatemalan People, 1997)
- Haiti (National Commission for Truth and Justice, 1995)
- Indonesia (Truth and Reconciliation Commission, 2004)
- Liberia (Truth and Reconciliation Commission, 2005)
- Morocco (Equity and Reconciliation Commission, 2004)
- Nepal (Commission of Inquiry to Locate the Persons Disappeared during the Panchayat Period, 1990)
- Nigeria (Human Rights Violations Investigation Commission, 1999)
- Panama (Truth Commission, 2001)
- Paraguay (Truth and Justice Commission, 2003)
- Peru (Truth and Reconciliation Commission, 2000)
- Sierra Leone (Truth and Reconciliation Commission, 2002)
- South Africa (Truth and Reconciliation Commission, 1995)
- South Korea (Presidential Truth Commission on Suspicious Deaths, 2000)
- Sri Lanka (Presidential Commission of Inquiry into Involuntary Removal and Disappearances of Persons in Western, Southern and Sabaragamuwa Provinces, Presidential Commission of Inquiry into Involuntary Removal and Disappearances of Persons in the Central, North Western, North Central and Uva Provinces and Presidential Commission of Inquiry into Involuntary Removal and Disappearances of Persons in the Northern & Eastern Provinces, 1994)
- Timor-Leste (Commission for Reception, Truth and Reconciliation, 2002)
- Uganda (Commission of Inquiry into the Disappearance of people in Uganda, 1974 and Commission of inquiry into Violations of Human Rights, 1986)
- Uruguay (Investigative Commission on the Situation of Disappeared People and its Causes, 1985 and Peace Commission, 2000)
- Yugoslavia, Federal Republic of (Truth and Reconciliation Commission, 2001)
FULL REPARATION
Addressing the suffering of the victims and helping them rebuild their lives.
All victims of genocide, crimes against humanity, war crimes, torture, extrajudicial executions and enforced disappearances have a right to full and effective reparations.
Reparations are measures to address the suffering of victims resulting from these horrific crimes and to help them rebuild their lives. Reparations can include:
Reparations are measures to address the suffering of victims resulting from these horrific crimes and to help them rebuild their lives. Reparations can include:
- Restitution: measures aimed at restoring the victim to the original situation before the crime occurred, including: restoration of liberty, return to one’s place of residence, restoration of employment and return of property.
- Compensation: monetary awards for economically assessable damage, such as: physical or mental harm; lost opportunities, including employment, education and social benefits; material damages and loss of earnings; moral damage; costs required for legal or expert assistance, medicine and medical services and psychological and social services.
- Rehabilitation: medical and psychological care, as well as legal and social services.
- Satisfaction: includes: establishing the truth about the crimes; the search for the whereabouts of the disappeared and for the bodies of those killed; public apology, and commemorations and tributes to the victims.
- Guarantees of non-repetition: measures aimed at ensuring that victims are not subject to other crimes, including: strengthening the independence of the judiciary; human rights training for law enforcement officials as well as military and security forces; and reforming laws that contributed to or allowed the crimes to be committed.
Disturbingly, in most situations where the crimes have been committed, reparations have not been provided to victims and their suffering has been ignored.
Amnesty International campaigns for governments to ensure that victims of these crimes receive full and effective reparations without delay.
Furthermore, to ensure at that they act as a catalyst for national reparations, Amnesty International campaigns for the International Criminal Court and other international and internationalized courts to establish effective systems to provide reparations to victims of crimes that they prosecute.
Amnesty International campaigns for governments to ensure that victims of these crimes receive full and effective reparations without delay.
Furthermore, to ensure at that they act as a catalyst for national reparations, Amnesty International campaigns for the International Criminal Court and other international and internationalized courts to establish effective systems to provide reparations to victims of crimes that they prosecute.
UNIVERSAL JURISDICTION
National courts prosecute serious human rights violations committed anywhere in the world.
As genocide, crimes against humanity, war crimes, torture, extrajudicial executions and enforced disappearances are crimes under international law, all states should investigate and prosecute the crimes before their national courts.
Recognizing that impunity exists mainly when the national authorities of countries affected by the crimes fail to act, it is important that the national criminal and civil justice systems of all countries can step in to prosecute the crimes on behalf of the international community and award reparations to victims.
Amnesty International campaigns for all governments to empower their national courts to take on this important role by enacting and using legislation providing for universal jurisdiction. Such legislation should enable national authorities to investigate and prosecute any person suspected of the crimes, regardless of where the crime was committed or the nationality of the accused and the victim and to award reparations to victims and their families.
In doing so, governments will ensure that their countries cannot be used as safe havens by the worst criminals.
Amnesty International’s legal memorandum, Universal Jurisdiction: the duty of states to enact and implement legislation, documents more than 125 states that have universal jurisdiction over at least one of the crimes. The organization is campaigning for all states to enact universal jurisdiction legislation over all six crimes.
Since the end of the Second World War, more than 15 countries have exercised universal jurisdiction in investigations or prosecutions of persons suspected of crimes under international law, including Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Netherlands, Norway, Senegal, Spain, the United Kingdom and the United States of America and others, such as Mexico, have extradited persons to countries for prosecution based on universal jurisdiction.
Recognizing that impunity exists mainly when the national authorities of countries affected by the crimes fail to act, it is important that the national criminal and civil justice systems of all countries can step in to prosecute the crimes on behalf of the international community and award reparations to victims.
Amnesty International campaigns for all governments to empower their national courts to take on this important role by enacting and using legislation providing for universal jurisdiction. Such legislation should enable national authorities to investigate and prosecute any person suspected of the crimes, regardless of where the crime was committed or the nationality of the accused and the victim and to award reparations to victims and their families.
In doing so, governments will ensure that their countries cannot be used as safe havens by the worst criminals.
Amnesty International’s legal memorandum, Universal Jurisdiction: the duty of states to enact and implement legislation, documents more than 125 states that have universal jurisdiction over at least one of the crimes. The organization is campaigning for all states to enact universal jurisdiction legislation over all six crimes.
Since the end of the Second World War, more than 15 countries have exercised universal jurisdiction in investigations or prosecutions of persons suspected of crimes under international law, including Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Netherlands, Norway, Senegal, Spain, the United Kingdom and the United States of America and others, such as Mexico, have extradited persons to countries for prosecution based on universal jurisdiction.
INTERNATIONAL CRIMINAL COURT
The permanent court to investigate and prosecute crimes when national authorities are unable or unwilling.
The establishment of a new permanent International Criminal Court in 2002 represents a major breakthrough in international justice. The Court will investigate and prosecute genocide, crimes against humanity and war crimes when national authorities are unable or unwilling to do so.
The Court will therefore act as a catalyst for states to fulfil their primary obligations to investigate and prosecute the crimes.
Amnesty International began campaigning for the establishment of International Criminal Court in 1993. The organization was very active in the drafting of the Rome Statute of the Court, which was adopted in July 1998, and other supplementary documents, including the Rules of Procedure and Evidence and the Elements of Crimes prepared by the Preparatory Commission for the International Criminal Court between 1998 and 2002.
Since the adoption of the Rome Statute, more than half the countries of the world have ratified it. Only one country, the United States of America, has actively opposed the Court. However, its opposition has diminished significantly in recent years as the work of the Court has shown the US government’s concerns to be unfounded.
To ensure the success of the Court, Amnesty International campaigns for:
The Court will therefore act as a catalyst for states to fulfil their primary obligations to investigate and prosecute the crimes.
Amnesty International began campaigning for the establishment of International Criminal Court in 1993. The organization was very active in the drafting of the Rome Statute of the Court, which was adopted in July 1998, and other supplementary documents, including the Rules of Procedure and Evidence and the Elements of Crimes prepared by the Preparatory Commission for the International Criminal Court between 1998 and 2002.
Since the adoption of the Rome Statute, more than half the countries of the world have ratified it. Only one country, the United States of America, has actively opposed the Court. However, its opposition has diminished significantly in recent years as the work of the Court has shown the US government’s concerns to be unfounded.
To ensure the success of the Court, Amnesty International campaigns for:
- All governments to ratify the Rome Statute to ensure that it has the broadest jurisdiction.
- All governments to enact effective implementing legislation ensuring that they can prosecute the crimes before national courts and cooperate fully with the Court.
- The Assembly of States Parties made up of countries that have ratified the Rome Statute to provide full support and oversight of the Court.
- All governments to cooperate fully with the Court in investigating and prosecuting the crimes.
- The Court to investigate and prosecute crimes in accordance with the highest standards of international justice.
INTERNATIONAL CRIMINAL COURT
The permanent court to investigate and prosecute crimes when national authorities are unable or unwilling.
The establishment of a new permanent International Criminal Court in 2002 represents a major breakthrough in international justice. The Court will investigate and prosecute genocide, crimes against humanity and war crimes when national authorities are unable or unwilling to do so.
The Court will therefore act as a catalyst for states to fulfil their primary obligations to investigate and prosecute the crimes.
Amnesty International began campaigning for the establishment of International Criminal Court in 1993. The organization was very active in the drafting of the Rome Statute of the Court, which was adopted in July 1998, and other supplementary documents, including the Rules of Procedure and Evidence and the Elements of Crimes prepared by the Preparatory Commission for the International Criminal Court between 1998 and 2002.
Since the adoption of the Rome Statute, more than half the countries of the world have ratified it. Only one country, the United States of America, has actively opposed the Court. However, its opposition has diminished significantly in recent years as the work of the Court has shown the US government’s concerns to be unfounded.
To ensure the success of the Court, Amnesty International campaigns for:
The Court will therefore act as a catalyst for states to fulfil their primary obligations to investigate and prosecute the crimes.
Amnesty International began campaigning for the establishment of International Criminal Court in 1993. The organization was very active in the drafting of the Rome Statute of the Court, which was adopted in July 1998, and other supplementary documents, including the Rules of Procedure and Evidence and the Elements of Crimes prepared by the Preparatory Commission for the International Criminal Court between 1998 and 2002.
Since the adoption of the Rome Statute, more than half the countries of the world have ratified it. Only one country, the United States of America, has actively opposed the Court. However, its opposition has diminished significantly in recent years as the work of the Court has shown the US government’s concerns to be unfounded.
To ensure the success of the Court, Amnesty International campaigns for:
- All governments to ratify the Rome Statute to ensure that it has the broadest jurisdiction.
- All governments to enact effective implementing legislation ensuring that they can prosecute the crimes before national courts and cooperate fully with the Court.
- The Assembly of States Parties made up of countries that have ratified the Rome Statute to provide full support and oversight of the Court.
- All governments to cooperate fully with the Court in investigating and prosecuting the crimes.
- The Court to investigate and prosecute crimes in accordance with the highest standards of international justice.
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