international law

• UN RESOLUTION ON CLIMATE CHANGE: ‘The climate crisis is a human rights crisis’

  CIVICUS speaks with Hailey Campbell about the recent United Nations General Assembly (UNGA)resolution on the environment, which enables the International Court of Justice (ICJ) to issue an advisory opinion on states’ obligations to address climate change.

  Hailey is a climate activist and co-executive director of Care About Climate, ajustice-driven climate education and empowerment civil society organisation (CSO) and network of international young climate leaders seeking to share climate solutions on the international stage.

  What was the origin of the initiative to take climate matters to the ICJ?

  The historic initiative was first introduced in 2019 by the Pacific Students Fighting Climate Change (PISFCC), a youth-led organisation established by students from eight Pacific Island countries. The PISFCC started by persuading the Pacific Island Forum, the region’s main political and economic organisation, to bring the issue of climate change and human rights to the ICJ. CSOs from the Pacific supported this campaign and built the Alliance for a Climate Justice Advisory Opinion (ACJAO) to include other non-state actors. In 2021, the state of Vanuatu, a small island state that is highly susceptible to climate catastrophes, initiated negotiations and the drafting of the resolution, which was later supported by over 130 countries and over 220 CSOs, and eventually adopted by consensus by the UNGA on 29 March 2023.

  Do you view this resolution as a civil society victory?

  This resolution is a monumental victory! This victory is the beginning of a wave of change in how we all think about the climate crisis and a reminder that climate change doesn’t respect geopolitical boundaries. Environmental CSOs, young leaders, island nations leading the call for the resolution, and PISFCC are reminding the world that before being an advocate, a fossil fuel executive, or a politician, we are all people. As humans, we all share this beautiful planet and sharing it requires caring about each other. If some leaders fail to recognise this, they should be held accountable.

  The resolution calling for an ICJ advisory opinion is also a celebration of island innovation and perseverance. Islanders have relied on traditional knowledge and collaborative leadership to adapt to environmental impacts for thousands of years. Taking the world’s greatest challenge to the highest court highlights their strength and experience. As a young person living on an island in the Pacific, I am grateful to the leadership of other young islanders and allies who are paving the way for future generations to have a sustainable future.

  How could the ICJ help address climate change?

  The ICJ is the world’s highest court, which sets precedents via advisory opinions and rules on how states should cooperate globally. As such, it plays a prominent role in keeping peace among our nations.

  The ICJ advisory opinion embodies the reality that we can’t solve the climate crisis by continuing the very practices that brought us to it. The scope of the resolution moves beyond the Paris Agreement, referencing the importance of having a safe climate as a vital human right for well-being. Through outlining potential legal consequences for nations causing significant harm to vulnerable communities and future generations, it could finally ensure greater accountability for the climate crisis. If nations are held more accountable and pushed to act, the door is opened to ensure fossil fuel emissions are fully eliminated and capacity-building for adaptation needs are fulfilled.

  How have you personally engaged in advocating for this resolution and broader climate action?

  I first learned about the PISFCC’s campaign in 2019, when I got involved with the climate movement following the COP25 climate change summit. As a sustainability student dedicated to working in the climate field, I was inspired by how a small group of students across island boundaries was strongly calling for an ICJ advisory opinion. I started following their journey and supporting their calls to action in various ways, from reposting social media content to bringing up relevant arguments in my conversations with leaders at subsequent COPs.

  Inspired by their island leadership, I accepted an internship with the Local 2030 Islands Network, the world’s first global, island-led peer-to-peer network devoted to advancing the Sustainable Development Goals. I learned more about island sustainability and the impacts of climate change from island leaders and was amazed by their examples of innovative solutions and optimist spirit. Empowered to use my education to support islanders in making their voices heard, I chose to focus my master’s degree on developing a workplan for how islanders can work together with their communities to develop, track and implement sustainable solutions for climate change.

  This journey of student activism helped me become a cross-sector environmental leader, work on climate adaption on islands, and lean into coalitions, like Care About Climate, as vulnerable groups to stand up for our right to a climate safe future. In fact, their inspiration led to my empowerment to work with young people to ensure the first-ever inclusion of young people as stakeholders in a UN climate conference decision at COP27.

  What can international allies do to support this struggle?

  All international allies must continue fighting! This historic resolution is only the first step. Before the ICJ can issue its opinion, written and oral arguments from states and select international organisations, such as the United Nations Environment Program, will be requested. It is important for community members to continue contacting their national representatives and international organisations selected to submit testimonies and call for support of the opinion. In fact, the PISFCC have just launched an amazing handbook to support policymakers, youth, and environmental CSOs in understanding their role that I highly recommend checking out. My favourite example from the handbook is about the importance of sharing your personal testimony as to why you believe in the need for an ICJ’s advisory opinion on climate rights and what impact it could have on your future with your national representatives. I hope everyone feels empowered to join me in the Alliance to stay up to date on ways to make an impact.

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  Get in touch with Care About Climate through itswebsite or itsFacebook page, and follow@careaboutclimate and@hailey_campbell on Twitter andInstagram.

   

• YEMEN: ‘We are caught in limbo, neither at war nor at peace, with state institutions nearly collapsed’

  CIVICUS speaks about Yemen’s ongoing conflict and humanitarian crisis withRadhya Almutawakel, co-founder and chairperson of Mwatana for Human Rights (Mwatana).

  Founded in 2007, Mwatana is a Yemeni civil society organisation (CSO) that advocates for humanrights, documentsviolations, creates awareness and provides legal support to victims.

  What’s the current situation in Yemen, and what are the prospects of the conflict being resolved in the near future?

  First, it’s crucial to note that the conflict in Yemen goes beyond a mere civil war, as it spans three distinct dimensions: local, regional and international. It started in 2014 when the Ansar Allah (Houthi) armed group seized control of Sana’a, the capital, and escalated with the intervention of a Saudi-led coalition in 2015. The ongoing conflict has been marked by relentless intensity and violations of international humanitarian law such as aggressive actions targeting civilians and critical infrastructure, resulting in what is now recognised as the world’s most severe humanitarian crisis.

  Since the ceasefire agreement in April 2022, direct military operations have ceased, providing temporary relief for civilians. While movement between specific Yemeni governorates and cities has improved, the country is caught in a state of limbo, neither at war nor at peace, grappling with the near-total collapse of state institutions. A significant proportion of public sector workers hasn’t been paid their salaries since 2016. Various armed groups control extensive territories, exacerbating the severe economic crisis and food insecurity. These are the primary challenges in Yemen’s humanitarian crisis.

  Despite the ceasefire, numerous human rights violations continue to be perpetrated by various parties to the conflict. Since late 2022, Oman has mediated the ongoing negotiations between the Houthi group and Saudi Arabia. Throughout 2023, reciprocal visits between both parties have taken place in Sana’a and the Saudi capital Riyadh with recent reports suggesting progress in negotiations that may lead to the resolution of this decade-long conflict.

  How has the war impacted on civilians?

  Throughout the years-long war, civilians in Yemen have faced two types of profound impacts. First, as direct victims. Thousands of civilians have been killed and many more have been injured. Civilian infrastructure has been destroyed, including schools, hospitals, bridges, historical and archaeological sites, farms, water and food sources and civil service structures.

  People have also been indirect victims: as the economy collapsed, hundreds of thousands lost their sources of income. Parties to the war enforced widespread starvation, landmines were planted, thousands of children were recruited to fight and public freedoms gained over decades of pre-war struggle, including women’s rights, have regressed. Minorities have faced persecution, and the conflict has had extensive economic, social and political ramifications.

  What role has Yemeni civil society, including Mwatana, played since the beginning of the conflict?

  Yemeni CSOs have been crucial partners of international institutions in implementing humanitarian response plans across different regions during years of conflict. Their programmes and interventions have addressed the needs of many vulnerable groups, bridging gaps deepened by the war.

  Both local and international civil society have successfully reshaped the global narrative of the war, shifting the focus from the perspectives of conflict parties to amplifying the voices of victims and shedding light on the humanitarian and human rights tragedy. They’ve actively advocated for the establishment of an international mechanism to investigate violations committed by all parties to the war. Human rights organisations have monitored and documented violations and advocated for criminal accountability.

  Mwatana for Human Rights monitors and documents human rights violations in Yemen through extensive field investigative research aimed at gathering precise information, evidence and testimonies to establish the facts and the identities of victims and perpetrators. We also provide legal support to victims of arbitrary detention, enforced disappearances and torture.

  We are currently documenting the plight of refugees and internally displaced people and the violations they’ve endured from various conflict parties. The challenges faced by hundreds of thousands of refugees in temporary shelters underline the critical need for peace efforts to prioritise the safe return of forcibly displaced people to their homes and communities.

  Mwatana’s mission extends to raising awareness and fostering a culture supportive of human rights through positive engagement with the public on social media platforms. We are actively involved in constructive dialogue with influential stakeholders to address the human rights challenges in Yemen through local and international advocacy mechanisms.

  How is Mwatana working to hold perpetrators accountable?

  We have a specialised unit dedicated to seeking justice, reparations and accountability for victims of rights violations. The judicial system has structural, technical and integrity challenges, including corruption and inability to ensure fair trials. As a result, civilian victims have endured widespread impunity.

  Even though Yemen isn’t a party to the Rome Statute and therefore falls outside the jurisdiction of the International Criminal Court (ICC), Mwatana has been gathering evidence to ensure justice for all victims and accountability for all violators.

  First, we conduct comprehensive research and organise workshops and meetings with legal experts, academic institutions and experienced entities to explore available avenues for holding perpetrators accountable, including through international and United Nations (UN) mechanisms and the limited investigative procedures initiated by the conflict parties.

  Second, we collaborate with the international community to enhance accountability within international legal frameworks. Along with the European Center for Constitutional and Human Rights (ECCHR) and other partners, Mwatana submitted a file to the ICC. Further, in collaboration with the ECCHR and the Italian Network for Peace and Disarmament, we filed a complaint with the Italian Prosecutor and the European Court of Human Rights. Additionally, in coordination with Amnesty International, the ECCHR and Sherpa, we submitted a file to the French prosecutor. We also filed a legal intervention in the administrative case brought by the Campaign Against Arms Trade before the British judiciary. There are ongoing efforts to build cases in other countries.

  Third, we’ve actively engaged with UN mechanisms through the submission of shadow reports on Yemen and Saudi Arabia to the UN Human Rights Council Universal Periodic Review process and UN treaty bodies, namely the UN Committee on Economic, Social and Cultural Rights and the Committee Against Torture. We also provide written and oral briefings to various UN Special Rapporteurs and special procedures mandate holders.

  Finally, we undertake a range of actions to directly pressure violating parties and relevant bodies. We conduct workshops and discussions on accountability, reparations and truth-telling, drawing upon experiences from other countries. We have released a report on reparation mechanisms, and we plan to issue another in 2024 on viable criminal accountability options. These aim to establish informed foundations for future transitional justice in Yemen.

  What should the international community do to address the crisis and support Yemeni civil society?

  The international community’s response to the Yemen crisis has been weak and restricted due to conflicting interests with the involved parties, ranging from economic concerns and political alliances to arms trade deals. As a result, the conflict and numerous rights violations persist without any robust international action being taken. To address this, the international community must intensify efforts for a human-rights-secure settlement, enhancing the role of civil society and upholding the rule of law, justice and mechanisms for a transition to democracy.

  This requires the allocation of larger resources for civil society programmes and expansion of CSOs’ activities to extend their sphere of influence. Increased financial support is also needed to build capacity and ensure the continuity of CSO operations. It’s crucial that substantial resources are invested to support the work of local civil society in the upcoming period so that we are able to contribute to peace efforts effectively.

  Beyond financial aid, it’s important to endorse the work of Yemeni CSOs on the ground. The international community should exert pressure on all conflict parties to remove any impediments that hinder the efforts of CSOs, such as annual work permit barriers. Standing by civil society while it’s facing retaliation, defamation and smear campaigns for its work and stances is an essential part of expressing international solidarity.

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  Civic space in Yemen is rated ‘closed’ by theCIVICUS Monitor.

  Get in touch with Mwatana through itswebsite or itsFacebook page, and follow@MwatanaEn and@RAlmutawakel on Twitter.