Global Justice Center Blog

Genocide: China’s reported persecution of Uighurs exposes states’ legal obligations under international conventions

Excerpt of International Bar Association article that quotes GJC President Akila Radhakrishnan.

For now, the United States government has imposed sanctions on state officials in China and US companies doing business with China, and other countries have been urged to act.

The legal obligations on states to intervene are determined in part by their capacity to influence the perpetrators, notes Akila Radhakrishnan, President of the Global Justice Center. She asks, ‘are sanctions a full utilisation of the US’ capacity to intervene?’

Further, Radhakrishnan says ‘states are claiming they can’t act until something is definitely found to be a genocide, but that requires a level of evidence and information that surpasses where legal obligations to act kick in’.

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Rep. Jan Schakowsky, Abortion Rights Groups Announce First-Ever Bill to Repeal 47-Year-old Anti-Abortion Policy

Abortion is Health Care Everywhere Act would repeal the Helms Amendment, which bars U.S. foreign assistance funding for abortion, expanding abortion access globally

WASHINGTON -- Rep. Jan Schakowsky (D-IL), a Senior Chief Deputy Whip and Chair of the Congressional Pro-Choice Caucus Providers and Clinics Task Force, today introduced the Abortion is Health Care Everywhere Act. The Abortion is Health Care Everywhere Act is the first-ever legislation to repeal the Helms Amendment, a 47-year-old policy rooted in racism that bans the use of any U.S. foreign assistance funds for abortion, putting an arbitrary line between abortion and all other global health services. Reps. Nita Lowey (D-NY), Barbara Lee (D-CA), Jackie Speier (D-CA), Ayanna Pressley (D-MA), Diana DeGette (D- CO), and Norma Torres (D-CA) signed on as original co-sponsors.

Rep. Schakowsky announced the new legislation on a virtual press conference with reporters on Wednesday morning, discussing the Helms Amendment’s harmful history, its burden on global reproductive and economic freedom, and the impact of the COVID-19 pandemic on access to reproductive health care around the world. Joining her on the call were Dr. Ernest Nyamato, a Kenyan doctor and Quality of Care global team lead at Ipas, an international reproductive health and human rights organization, and former director of the Ipas Africa Alliance in Kenya; and Lienna Feleke-Eshete, public policy associate at CHANGE, a U.S. nongovernmental organization that advocates for sexual and reproductive health and rights for women and girls and others who face stigma and discrimination.

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Myanmar’s Protection Bill falls Short of Addressing Violence against Women

Excerpt of Inter Press Service article that quotes GJC President Akila Radhakrishnan.

A legislation that aims to protect women against violence in Myanmar, while long overdue, is raising concern among human rights advocates about its inadequate definition of rape, vague definition for “consent”, and anti-lesbian, gay, bisexual, and transgender rhetoric.

Myanmar is soon to see the latest version of its Prevention of and Protection from Violence Against Women (PoVAW) introduced in parliament. But the Global Justice Centre (GJC), an international human rights and humanitarian law organisation focusing on advancing gender equality, has pointed out that the legislation falls short of addressing violence against women.

According to GJC, the language used in the law borrows from Myanmar’s 1861 Penal Code and thus perpetuates antiquated understandings of rape, such as; considering rape as violence committed only by men, the definition of “rape” constituting only of vaginal penetration, and no acknowledgement of marital rape.

“The Myanmar government has long shown a lack of commitment to breaking the cycle of impunity for widespread sexual and gender-based violence, a problem that is exacerbated by broader structural barriers with respect to Myanmar’s military justice system, and a lack of robust domestic options for accountability,” the GJC analysis has claimed.

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July News Update: Human Rights, Uncompromised

Dear Friend,

In this age of runaway nationalism, GJC has never wavered in its fight for both fully realized human rights protections and systems of accountability to enforce those protections.

During last week's UN Security Council Debate on conflict-related sexual violence, we stood in solidarity with brave activists taking member states to account for their failure to meaningfully act to protect the rights of victims.

Back in the US, we blasted Secretary of State Mike Pompeo and his illegal "Commission on Unalienable Rights" as the draft of the commission's final report was released.

Human rights need committed, zealous defenders. We thank you for fighting with us.

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Myanmar and the ICJ: Ways Forward

Excerpt of Just Security op-ed authored by GJC Legal Director Grant Shubin.

(Editors Note: This article introduces a special Just Security forum on the ongoing Gambia v. Myanmar litigation at the International Court of Justice and ways forward.)

In August 2017, Myanmar’s military carried out a brutal campaign of murder, rape and other abuses against the country’s Rohingya Muslims. These so-called “clearance operations” forced more than 740,000 Rohingya to flee to Bangladesh and constituted a range of international crimes. While the ferocity of this violence may have been new, the commission of acts of oppression and violence against the Rohingya is not. Indeed, as many have pointed out (see e.g. here and here), the Rohingya have been targeted by the government of Myanmar for decades.

For years, Myanmar evaded direct accountability, as the best the international community could muster in the face of these atrocities were condemnations in the United Nations Human Rights Council and General Assembly. However, in November 2019, Gambia filed an application before the International Court of Justice (ICJ) alleging that the violence committed by the Myanmar government against the Rohingya violated the Convention on the Prevention and Punishment of the Crime of Genocide.

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