JBI Human Rights

JBI Analysis of the International Criminal Court’s Arrest Warrant Against Russia’s President Putin for War Crimes Targeting Children in Ukraine

The Jacob Blaustein Institute for the Advancement of Human Rights has published an analysis of the information known about and significance of the arrest warrants issued against Russian President Vladimir Putin and Commissioner for Children’s Rights Maria Alekseyevna Lvova-Belova by the International Criminal Court (ICC) on March 17, 2023. These are the first warrants issued by the Court with respect to the situation in Ukraine, and the third time the Court has issued a warrant against a sitting Head of State.

The ICC has indicated that the arrest warrants issued on March 17, which are being kept confidential to protect victims, indicate that there are reasonable grounds to believe Putin and Lvova-Belova are responsible for the war crimes of forcible transfer and deportation of Ukrainian children from occupied areas of Ukraine to Russia, particularly from orphanages and care homes. It is alleged that many of these children have since been adopted by Russian families, a process facilitated by Presidential decrees issued by President Putin that expedite the process for children to acquire Russian citizenship. The ICC Prosecutor has said that these legal and policy measures “demonstrate an intention to permanently remove these children from their own country.”

While neither Russia nor Ukraine are parties to the Rome Statute establishing the International Criminal Court, Ukraine has accepted the Court’s jurisdiction with respect to its own territory and is cooperating with its investigation.

JBI’s analysis examines the significance of the arrest warrants, recounts publicly-available reports of the alleged abduction and forcible transfer of Ukrainian children by Russian authorities since Russia’s invasion of Ukraine began in February 2022, and describes the limitations on the ICC’s capacity to act further on the arrest warrants absent assistance from States parties to the Rome Statute. The ICC’s recent action is a significant step towards ensuring that senior Russian officials are held accountable for this particularly disturbing pattern of criminal behavior, but further action will be required to ensure that the affected children are returned to their families and that justice is done.

Read JBI’s full analysis here.

New JBI Appeal on the One-Year Anniversary of the Russian Invasion of Ukraine: Collective Action Needed to Uphold Human Rights, Secure Peace, and Ensure Justice

The Jacob Blaustein Institute for the Advancement of Human Rights has published a new assessment of the international response to Russia’s unprovoked attack against and its reported commission of widespread and systematic human rights violations and war crimes in Ukraine to mark the one-year anniversary of the invasion.

Entitled JBI Appeal on the One-Year Anniversary of the Russian Invasion of Ukraine: Collective Action Needed to Uphold Human Rights, Secure Peace, and Ensure Justice, the new assessment calls on States to take further action, individually and collectively, to bring about an end to the conflict and the widespread human rights violations that are ongoing, while upholding Ukraine’s territorial integrity and creating the necessary conditions for the people of Ukraine to obtain redress, including guarantees that the harm to which they have been subjected will not be repeated in the future.

Among its recommendations, the assessment calls on States to:

• Maintain and continue to support the independent monitoring mechanisms documenting and verifying the reports of widespread violations emerging from Ukraine and Russia.
• Vote in favor of a resolution calling for extending the mandate of the Commission of Inquiry on Ukraine for another year which will be considered by the UN Human Rights Council in early April 2023.
• Provide financial support to the UN Human Rights Office to ensure the continued operation of the UN Human Rights Monitoring Mission in Ukraine (HRMMU).
• Encourage the UN Human Rights Office to provide adequate assistance to the new Special Rapporteur on human rights in Russia.
• Support and facilitate the work of independent human rights monitors and journalists reporting on human rights concerns in Ukraine and Russia.
• Continue to amplify the findings and conclusions of independent and impartial monitors and raise alarm about egregious abuses.
• Continue to draw attention to and amplify the findings of independent UN human rights monitors about serious violations in Ukraine, including at the Human Rights Council and the resumed emergency special session of the UN General Assembly on Ukraine.
• Following its publication in March 2023, circulate the report of the Commission of Inquiry on Ukraine as an official document of the UN Security Council and invite the Chair of the COI to brief the Council.
• Continue inviting senior UN human rights officials to brief the UN Security Council on Ukraine.
• Continue to invest diplomatic energy in mobilizing widespread support for collective responses to the crisis in Ukraine that reaffirm the importance of respect for human rights.
• Vote in favor of the draft resolution that the UN General Assembly will consider at the next meeting of the emergency special session on Ukraine on February 22, 2023.
• Consistently to express support for Ukraine’s territorial integrity and the need for accountability for atrocity crimes committed during the conflict.
• Encourage UN officials to continue to publicize information about the commission of serious human rights violations in Ukraine and Russia.
• Take further action to hold accountable and deter further harmful actions by the individuals and entities most responsible for violations in Ukraine.
• Provide support to efforts to gather evidence of war crimes and crimes against humanity in Ukraine and facilitate prosecution of perpetrators of such acts.
• Increase the financial and personal consequences facing the individuals and entities most responsible for the continued aggression and gross human rights violations that Russian forces and those associated with them continue to commit against the people of Ukraine, including by strengthening existing sanctions.
• Ensure that those affected by the conflict in Ukraine receive needed assistance.
• Support measures aimed at ensuring that Ukrainian victims of the Russian aggression obtain redress and reparation for the harm they have experienced.
• Provide funds to support the UN’s $5.6 billion humanitarian appeal for Ukraine and neighboring countries that have accepted large numbers of refugees.
• Expand domestic infrastructure for refugee resettlement.

As Russia’s offensive campaign and illegitimate claim to sovereignty over several areas of Ukraine show no sign of abating, it is critical that States sustain these positive measures and deepen their commitment to securing a just resolution of the conflict in which Ukraine’s territorial integrity is maintained and in which victims of the many grave violations that have been committed are able to obtain justice and redress, as expeditiously as possible.

The full statement is available here.

JBI Calls for a More Robust International Response to Russia’s Invasion of and Human Rights Violations in Ukraine

The Jacob Blaustein Institute for the Advancement of Human Rights (JBI) is alarmed by Russia’s invasion of Ukraine, which poses an existential challenge to the rules-based global order and can be seen as an attack on democracy itself.  The high number of reported civilian casualties, the massive exodus of refugees and internal displacement that has been triggered by the brutal Russian military campaign, and reports of serious human rights violations committed by Russian forces in Ukrainian territory they now control are deeply concerning. As detailed in JBI's new statement, the reported violations include but are not limited to abductions and killings, enforced disappearances, arbitrary detention, forced displacement, and torture and other ill-treatment of public officials, journalists, aid workers and Ukrainians protesting against Russia's actions. JBI's statement also notes reports that Russian officials have committed serious rights violations against their own citizens in the weeks since the invasion began, including large-scale detention of protesters and censorship aimed at preventing and punishing any criticism of the military campaign.

JBI's statement reviews the actions that governments have taken individually and at international bodies to respond to Russia's invasion and violations and calls for a more robust response. JBI calls on governments to continue their efforts to demand that Russia cease its aggression, withdraw from Ukraine, and respect its human rights obligations. It calls for governments to take measures to ensure that Ukrainian people fleeing the crisis receive the support and protection they require. It calls on governments to ensure that Russia's leaders face meaningful consequences for the violations they have committed, including at the UN and through strengthened sanctions. It calls on governments to support and strengthen the visibility of the work of the office of the UN High Commissioner for Human Rights, which has maintained an in-country monitoring mission in Ukraine throughout the recent hostilities. It calls on UN leaders and governments to ensure that concerns for human rights protection and accountability are integrated into every mechanism established to coordinate the global response to this crisis. The full statement is available here.

New JBI Study Identifies Surging Global Antisemitism as an Urgent Human Rights Crisis

A new report by the Jacob Blaustein Institute for the Advancement of Human Rights (JBI) finds that antisemitic violence has increased in the two years since a landmark UN report on global antisemitism warned governments of its dangers. The JBI report tracks attacks against Jews and Jewish sites and trends in antisemitic rhetoric in 50 countries around the world since October 2020, including the sharp increase in antisemitic violence that occurred in May 2021.

The report, A Call to Action Against Antisemitism: Confronting Rising Global Antisemitism in the Context of COVID, Conspiracies, and Conflict is the third in a series produced by JBI since the UN Special Rapporteur on Freedom of Religion or Belief, Dr. Ahmed Shaheed, published a historic report to the UN General Assembly on global antisemitism as a human rights concern in September 2019.

JBI Statement on the Need for Urgent Human Rights Protection and Monitoring in Afghanistan

The crisis in Afghanistan requires urgent protection of people and their human rights. The Jacob Blaustein Institute for the Advancement of Human Rights (JBI) has released a statement that outlines the human rights dimensions of the situation and advises on what governments, acting individually and through international organizations, can and must do. It also recommends actions and principles to guide the responses of the United Nations system.  We call on the international community to ensure the safety of Afghans, particularly women and girls, who are most at risk under the Taliban, a UN designated terrorist organization.

As a matter of priority, JBI calls on governments to identify ways to evacuate women leaders, human rights defenders, and other at-risk persons, including US and NATO allies. JBI calls on member States at the UN to adopt a resolution both at the upcoming emergency session of the Human Rights Council as well as the UN General Assembly session for an effective monitoring and reporting mechanism. JBI also calls on the UN to state clearly that all UN system actors active in Afghanistan or engaging with the Taliban will adhere to a system-wide approach that prioritizes respect for human rights, which is a core purpose of the United Nations according to its Charter.

Please find our full statement and list of recommendations here.

The Jacob Blaustein Institute's 50 Years of Achievements Highlighted in New Video Tribute

Founded in 1971 with a mission to ensure greater protection of the universal rights of all, the Jacob Blaustein Institute for the Advancement of Human Rights (JBI) has worked tirelessly to prevent genocide and hold perpetrators of atrocities to account, to combat religious intolerance and discrimination of all kinds, to support the work of human rights defenders, and to strengthen the effectiveness of the international human rights machinery at the United Nations and beyond.

A 5-minute video launched today highlights some of JBI's most important achievements on the occasion of its 50th anniversary. 

 

JBI Applauds Top UN Expert’s Contributions to Advancing Human Rights and Fighting Antisemitism

In a virtual conversation first broadcast on June 9, 2021, Felice Gaer, Director of the Jacob Blaustein Institute for the Advancement of Human Rights (JBI), thanked Dr. Ahmed Shaheed, the UN's Special Rapporteur on Freedom of Religion or Belief, for his personal courage and conviction and highlighted several of his many achievements as an effective and courageous advocate for human rights. The conversation touched on several topics. These included Dr. Shaheed's ongoing work to encourage implementation of the recommendations he made in his historic 2019 report to the UN General Assembly recognizing global antisemitism as a serious human rights challenge. Dr. Shaheed also discussed his ongoing concerns about human rights in Iran, reflecting on his previous role as UN Special Rapporteur on human rights situation in that country, and on his efforts to promote an inclusive understanding of the right to freedom of religion or belief and highlight the situation of many individuals facing discrimination and impediments to fully exercising that rights. 

The entire conversation can be viewed below:

China's 'Unconscionable' Campaign Against the Uyghurs: Stopping the Genocide Occurring on Our Watch

On May 5, 2021, Felice Gaer, Director of the Jacob Blaustein Institute for the Advancement of Human Rights (JBI), delivered the presentation below entitled, “China's 'Unconscionable' Campaign Against the Uyghurs: Stopping the Genocide Occurring on Our Watch.” Gaer discusses the reports of serious human rights violations perpetrated by the Chinese government against the Uyghur population and other Turkic Muslims in Xinjiang. She describes the legal components of the crime of genocide and the justifications that have been provided by the analysts and governments that have determined that China's conduct constitutes this crime. 

 

Gaer also discusses the reactions and measures taken by the U.S. and other governments in response to these allegations, as well as China’s reaction. Gaer also reviews the measures that JBI and other non-governmental organizations have taken to express concern about the situation facing the Uyghurs and to call for action to protect them, as well as additional measures that could encourage China to change course.

 

One Year After His Historic Report on Antisemitism, Dr. Ahmed Shaheed, UN Special Rapporteur on Freedom of Religion or Belief, Reflects on the Challenges Ahead

On September 23, Dr. Ahmed Shaheed, the United Nations Special Rapporteur on Freedom of Religion or Belief, reflected on events and challenges that have arisen in the 12 months since he presented his unprecedented report on global antisemitism to the UN General Assembly in a conversation with JBI Director Felice Gaer on AJC’s Advocacy Anywhere web series.

Dr. Shaheed explained that he had been inspired to write a standalone report on antisemitism for the UN in part because human rights violations against members of Jewish communities had received very little attention from previous UN experts to have held his mandate. He also stressed that he had been troubled by the dramatic rise in antisemitic incidents around the world that began in 2017. He expressed his appreciation to JBI for facilitating consultations with stalwarts of the Jewish community and key individuals monitoring antisemitism from around the world as he was preparing the report. Dr. Shaheed and said these were among the first examples of growing engagement between UN experts and Jewish communities that has now increased substantially and reflected an important path forward.

Dr. Shaheed’s sweeping report identified antisemitism as a human rights concern with a global scope and concluded that it “threatens the rights of all people in societies in which this insidious hatred is unaddressed.” and called on a wide range of stakeholders, including governments, social media companies, and civil society to take concrete steps to combat it. Dr. Shaheed reiterated that he considered it urgent to address antisemitism, as if left unchallenged it would affect Jewish communities as well as society at large.

Reflecting on the implementation of the recommendations in his report, Dr. Shaheed noted that many governments have taken steps to adopt the IHRA Working Definition of Antisemitism, as he called on them to do, and that many government leaders had condemned antisemitic incidents and rhetoric when they occurred and taken other steps to increase their ability to monitor and respond to antisemitism. However, he also called out other government leaders, including the Prime Minister of Malaysia and Iran’s Supreme Leader, for continuing to openly espouse antisemitic views.  

Dr. Shaheed was the first UN expert to sound the alarm, in April 2020, about the dramatic rise in antisemitic rhetoric that accompanied the emergence of the COVID-19 pandemic. Dr. Shaheed stressed that the spread of antisemitic conspiracy theories in this context was dangerous, and in several cases had led to concrete negative impacts for many communities.  He also reflected that such scapegoating had not been confined to Jews and had affected many minority communities.

Asked to comment on whether social media companies had done enough to address the disturbing amount of hate speech – both antisemitic and otherwise – on social media platforms, Dr. Shaheed emphasized that “With great power comes great responsibility, and these companies have not lived up to it.” Dr. Shaheed reiterated his earlier recommendation for social media companies to strictly enforce their terms of service, and further suggested that they should increase transparency surrounding how they address complaints, use the IHRA Working Definition of Antisemitism as a training tool for content moderators, and place a greater emphasis in their policies on ensuring the right to non-discrimination and equality. Dr. Shaheed stressed that social media companies should consult directly and regularly with affected communities as they undertake these efforts.

Dr. Shaheed also expressed optimism that he has seen a growing recognition of the importance of addressing antisemitism within the UN system. He applauded the UN Secretary-General’s recent decision to appoint a senior focal point on antisemitism, in line with a recommendation in his report, and expressed support for training UN staff to increase their awareness of antisemitism, using the IHRA Working Definition. He urged civil society organizations like AJC to continue disseminating his report and increase broader awareness of and familiarity with the IHRA Working Definition.

Dr. Shaheed also stressed that he would continue to work with civil society groups and Jewish communities worldwide to increase attention to the need to combat antisemitism and press for the implementation of his report's recommendations during the two years that remain before his UN mandate expires. As the conversation concluded, JBI’s Felice Gaer thanked Dr. Shaheed for his report, for his commitment to continuing to focus on combatting antisemitism in the future, and for engaging on this challenging issue in a way that has inspired so many people.

JBI Critiques the Draft Report of the Commission on Unalienable Rights, Calls for U.S. Foreign Policy to Uphold the Universality of Rights

In a public comment submitted on July 24, JBI called on the "Commission on Unalienable Rights" to substantially amend its draft report. The comment expresses alarm that the report will be used to support radical changes to the traditional U.S. approach to promoting human rights in its foreign policy, and particularly to encourage U.S. diplomats to provide tacit support and encouragement to governments that violate the human rights of members of certain historically marginalized groups, including women, LGBTQ people, and racial minorities.

The Commission, an independent advisory body established by U.S. Secretary of State Mike Pompeo in 2019, published its draft report on July 16. Among other shortcomings, the Commission's report subtly but clearly encourages the U.S. to reverse its longstanding position on the universality of human rights, as set out in the Vienna Declaration and Programme of Action (VDPA). It justifies this by claiming that countries’ “particularities” and “backgrounds” allow them some “leeway” in the implementation of their human rights commitments and suggests that human rights claims lacking a “clear consensus across a broad plurality of different traditions and cultures” might be illegitimate.

JBI's Comment draws particular attention to the Commission's very troubling treatment of the second sentence of paragraph 5 of the VDPA, which reads:

“While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.”

The first part of this sentence is a legacy of what is known as the “Bangkok Declaration,” the Final Declaration of the Regional Meeting for Asia that preceded the 1993 Vienna World Conference, which was reportedly particularly influenced by the governments of Malaysia and China. These words of the VDPA, and the Bangkok Declaration as a whole, are generally interpreted as aimed at repudiating the universality of human rights in favor of "cultural relativism." The U.S. strongly opposed this language at Vienna and insisted successfully on the inclusion of other language in the VDPA that reaffirms that “the universal nature of these rights and freedoms is beyond question.” The U.S. also insisted that the sentence be read together with the sentence of paragraph 5 that precedes it, which proclaims that “All human rights are universal, indivisible and interdependent and interrelated.”

Yet rather than stressing these latter aspects of the VDPA, the Commission's report instead places great weight on the first part of the sentence as evidence of the existence and importance of the principle of "subsidiarity" - the notion that States must be given a degree of "leeway" in upholding their human rights commitments. As often done by States that seek to justify departures from universal rights standards, the draft report then suggests that the U.S. should generally refrain from endorsing or supporting “new” human rights claims made by “competing groups in society over political priorities,” and should leave such issues to be resolved through “ordinary democratic processes.” An earlier reference in the report to “abortion, affirmative action, [and] same-sex marriage” as examples of “divisive social and political controversies” in the U.S. in which “both sides couch their claims in terms of basic rights” suggests that the report is intended to be read as recommending that U.S. should not engage on these or similar human rights issues – particularly claims about laws and policies that discriminate against women, racial minorities, and LGBTQ people – in its foreign policy.

Since 1993 the U.S. has repeatedly invoked the VDPA to reject attempts by governments – including but not limited to Iran – to cite religious or cultural traditions of the majority of their citizens as a justification for denying equal treatment to individuals belonging to marginalized groups. The Commission's report, on the other hand, would seem to urge U.S. officials to exercise caution and be silent in the face of human rights violations justified by their perpetrators with reference to their cultural or religious background, and to expressly rely on the VDPA in support of such a position.  As JBI's comment points out, the Commission's report thus urges the U.S. to completely reverse the approach that it traditionally has taken with respect to the principle of universality, and its precise articulation in the VDPA. 

JBI's comment urges the Commission to amend the text of its draft report to more accurately describe the principle of universality of human rights, reaffirm the approach that the U.S. traditionally has taken with respect to the principle of universality, acknowledge more fully the significance of international human rights treaty obligations the U.S. has voluntarily assumed, and refrain from encouraging the U.S. to reverse its longstanding foreign policy position on the fundamental importance of the universality of rights. It urges the Commission to instead encourage the U.S. to conduct its foreign policy in a manner that promotes equal respect for the human rights of all persons.

The full text of the comment is available here: https://www.jbi-humanrights.org/JBI%20Comment%20on%20Commission%20on%20Unalienable%20Rights%207-24.pdf