It is often in armed conflict situations that human rights are most vulnerable and their protection most challenging. Ensuring that law is given effect in armed conflict, through the co-applicability of international human rights and humanitarian law, is a priority area of interest and expertise for HRiP.
Accountability in North East Syria: At the request of the European Institute for Peace (EIP), two substantial pieces of international legal advice were provided during 2020-21 in relation to proposed prosecutions of ISIS-related crimes by the de facto Kurdish authorities (the ‘Autonomous Administration’) in control of North East Syria. A briefing was provided to European state representatives and the Autonomous Authority.
The first advice focuses on whether non-state actors can investigate and prosecute consistently with international law, for which crimes under national or international law and according to what standards, as well as the implications for the lawfulness of cooperation by third states. The advice indicates that international standards have evolved to the point where there is, at a minimum, no legal impediment to such prosecution per se, or to international cooperation, provided essential justice guarantees are provided. The second follow up advice focuses in more detail on specific questions related to operationalising fair trial rights before an independent, impartial and competent tribunal, and the real challenges posed in the context of the prosecution of ISIS suspects detained in the current conditions of the notorious al Hol detention camp. It addresses the requirements of an independent and impartial tribunal, specific fair trial challenges of relevance throughout investigation and prosecution, the potential and limits of guilty pleas and abbreviated proceedings (APs); and charging considerations related to the nature of the crimes at stakes and international law. Effective investigation and fair trial would depend on careful attention being paid to each of these, greater international cooperation and changed circumstances in the camps. This refers back to the first advice regarding the lack of adequate international cooperation with repatriation and accountability, of which the Autonomous Authority has consistently complained.
A short chapter addressing ‘De Facto Justice? Prosecution by Non-State Actors in Armed Conflict’ is available here and pending publication in a book on non-state actors in international law and practice.
Advice, publications and outreach: In the context of the Russian invasion of Ukraine in March 2022, HRiP joined many others in considering and advising on the international law and human rights implications. See e.g. Helen Duffy’s radio interview with BBC World Service News Hour in April 2022 on prosecuting genocide or war crimes in Ukraine, or Dutch press article in NRC here.
Helen has many publications on IHL and human rights and regularly advises on related issues. Her book on Law Applicable in Armed Conflict (with Bohrer and Dill) published by CUP (2020) is here. Her Just Security blog on ‘Russia v Georgia; Jurisdiction, Chaos and Conflict at the European Court of Human Rights’ is here.