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Dire need of transparency in Germany's arms export licensing

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TRANSPARENCY IN ARMS TRADE. GREEN LIGHT IN INDIGENOUS RIGHTS CASE.

JULY 2024 | NEWSLETTER 98

With an agenda to degrade fundamental rights into mere privileges, the authoritarian project of the political right in Europe is gaining traction, despite the encouraging election results in France and the UK. Many of our partners know from painful experience the devastating consequences of political disenfranchisement and the shrinking of democratic spaces.

Together with you, we will push harder to take even more decisive action against human rights violations on multiple levels – whether by putting pressure on EU companies to protect workers in Pakistan, demanding more transparency in German weapons exports, or supporting indigenous communities in their fight against extractive industries. Read more about these topics, among others, in this newsletter.

The ECCHR Team

Fighting for justice, inside and outside the courtroom. The picture was taken in 2022 on the day of the verdict of the Koblenz trial against the torturers of the Assad regime, a trial which has emboldened many survivors, relatives and solidarity organizations. © ECCHR

A compass in times of struggle and crisis

"Courts will not provide the solutions for war and peace, climate change and social inequality. But their judgments bring important guidance in times of crisis.", claimed Wolfgang Kaleck several weeks ago at a hearing of the Human Rights Committee at the German Parliament. This encapsulates what our legal interventions are all about: litigation that goes beyond individual lawsuits and contributes to far-reaching social change. This is especially critical in these violent and crisis-ridden times. For example, German administrative courts, based on our urgent application to stop weapons shipments to Israel, are called upon to look beyond mere formal criteria when reviewing export licenses. They must also attune their assessments more finely to possible violations of international law – and then legally tighten export criteria. Or when a French civil court admits a case on a French energy company’s business practices on a wind farm in Mexico, recognizing in principle that renewable energy is only sustainable if human rights standards are respected in its production. In addition, every court decision that rejects the geographical and, thus, legal outsourcing of asylum procedures, as well as the deadly operations of the EU border agency Frontex, preserves the progressive embers of universal, indivisible human rights. More than ever, however, it must be remembered that real progress in human rights is always the product of a civil society committed to struggle. Those who join ranks in the fight for physical inviolability, secure livelihoods or decent pay spur confrontations over rights and recognition that bring about real social transformation – often putting their own lives and safety at risk.

IT’S TIME TO ACT

Every day, millions of people around the world are deprived of their basic rights. We will not back down and will continue our fight for a world free of fortressed borders, war crimes and economic and environmental exploitation. But we can only do it together!

Donate now

Dire need for transparency in applications for arms exports to Israel

On behalf of five Palestinians and together with the Palestinian organizations Al Haq, PCHR and Al Mezan Center for Human Rights, we filed a lawsuit in April, calling on the Berlin Administrative Court to stop German exports of weapons of war to Israel that are allegedly being used in Gaza. The court has rejected the request, not least because there are currently no applications for arms exports to Israel. If new export licenses are sought in the future, then we will file new requests. It is well known, however, that the German government does not publicly announce when an application for weapons of war is received or approved. This means the claimants in the embattled Gaza Strip cannot even find out when they may apply for legal protection. We consider this unacceptable and submitted a request to the Ministry for Economic Affairs and Climate Protection to release this information. Since the ministry has not replied, we filed another request for provisional measures with the Berlin Administrative Court. As long as the Israeli military operation "Iron Swords" in Gaza continues, we insist that the plaintiffs be informed immediately of the granting of export licenses for weapons of war, so they may exercise their right to effective legal protection (Art. 19 IV GG) – especially when, as is the case in Gaza, there is a direct threat to life and limb.

More about the case

Yemenis challenge German licensing authority over arms exports

Tens of thousands of civilians have died as a result of the war in Yemen, in large part from airstrikes by the Saudi- and UAE-led military coalition. Many of the weapons used in the attacks were produced by European companies and licensed for export by national authorities in the EU. In 2021, with the support of ECCHR and Mwatana for Human Rights, three Yemenis contested licenses for German arms issued by the German export authority (BAFA) and also requested to participate in future export licensing procedures concerning Yemen. Two years later, BAFA has rejected their claim. The claimants are appealing this decision at the Frankfurt Administrative Court. The case makes it clear: to effectively safeguard the human rights of civilians in conflict zones, the lack of transparency in arms export licensing cannot be allowed to continue

More about the case

Paris Appeal Court admits civil lawsuit against EDF’s wind park in Mexico

Indigenous groups all over the world remain especially affected by rapacious forms of extractivism, involving ecocide, land grabbing and violence – even by so-called green industries. In the case of French energy giant EDF, the indigenous community Unión Hidalgo, supported by ECCHR, ProDESC and CCFD Terre-Solidaire, will finally see their claims addressed. The Paris Appeal Court ruled their case to be admissible under the Duty of Vigilance Law, which protects affected people globally from rights violations by French companies. The community is claiming that EDF failed to respect their right to “free, prior and informed consent” in planning the construction of the Gunaa Sicaru wind park on their territory in Oaxaca, Mexico. In addition, they argue that EDF failed to take adequate steps to prevent intimidation and violence against human rights defenders critical of the project. Almost five years since it was filed, the first case from an indigenous group under the French supply chain law will take a crucial step forward.

More about the case

INTERNATIONAL CRIMES AND ACCOUNTABILITY

Landmark decision against members of Assad regime

On 24 May at the Paris Court of Appeal, high-ranking members of the Assad regime were pronounced guilty of complicity in war crimes and crimes against humanity, including torture, enforced disappearance and murder. Ali Mamlouk, Jamil Hassan and Abdel Salam Mahmoud – all leading figures in Assad’s military intelligence apparatus – have now been sentenced to life in prison. These verdicts, handed down in absentia, join a string of others in proceedings on Syrian crimes in Europe. In this case, however, the defendants are entitled to a retrial if ever in French custody. This ruling not only brings justice for the victims and the Syrian population at large. It is also a major victory against the widespread impunity of high-ranking perpetrators across the world.

More about our work on Syria

ECCHR fellow David Yambio at launch event in Brussels for the consortium. © Global Initiative Against Impunity

Making justice work: Global Initiative Against Impunity

In spite of extensive global efforts to prosecute serious human rights violations and international crimes, very few perpetrators ultimately have to face justice or their victims. Impunity thus remains one of the most formidable obstacles for victims and survivors to obtain redress for the wrongs they suffered. The Global Initiative Against Impunity aims to enhance the participation of victims, survivors and civil society organizations in accountability efforts, and to ensure access to justice for those who have been denied their rights. It is an international consortium of nine civil society organizations and is co-funded by the EU. ECCHR will work within the consortium to democratize access to information on both the theory and practice of international justice, as well as advocate for policies that increase access to justice in national jurisdictions.

More about the initiative and watch the video

Crucial international criminal law reforms in Germany

In the past decade, German courts and prosecution authorities have written legal history with successful proceedings under international criminal law, for example on Syrian state torture. However, the need for a range of reforms has become increasingly evident. On 6 June, the German parliament passed the “Act on the Further Development of International Criminal Law,” which aims to close significant gaps in the German legal framework for the prosecution of international crimes – particularly regarding crimes of enforced disappearance and sexual violence, as well as documentation of trials and the inclusion of survivors and the civil societies where crimes were committed in proceedings. In its work, ECCHR has had to contend with many of these gaps and has also provided recommendations to the German legislature on how to address them. Many of our recommendations – but unfortunately not all – are now included in this reform package.

Read our statements here and here (only available in German)

BUSINESS AND HUMAN RIGHTS

EU supply chain law – An excuse for Germany to “defang” its own laws?

The European Parliament and the European Council have finally agreed on the EU Due Diligence Directive (CSDDD), ushering in one of the most far-reaching changes to EU company law. In spite of some painful concessions to business lobbyists and politicians on the right, the final version of the law will soon be implemented. All EU member states must incorporate the law’s minimum requirements on respect for human rights and the environment into their own legal systems. Regrettably, some member states also see this as a chance to lower their existing domestic protections. In Germany, for example, key aspects of the Supply Chain law, such as reporting obligations, are under serious threat of suspension.

Read the analysis of the German "Supply Chain Law Initiative" (only available in German)

**Stay tuned for our conference this fal that will take an in-depth look at both supply chain laws and their significance**

Missed opportunity for KiK to prove commitment to corporate responsibility

In 2012, the deaths of 260 workers in a devastating fire at the Ali Enterprises factory in Pakistan shocked the world. Once revealed that German clothing discounter KiK was the factory’s main client, a movement galvanized around global corporate responsibility, whose claims are now partly enshrined in the German Supply Chain Act (LkSG). Today, KiK still sources products from Pakistan, and in 2023, the Pakistani trade union NTUF, together with FEMNET and ECCHR, confronted KiK with evidence of systematic labor rights violations in its supplier factory. While KiK initially showed a willingness to fulfill its obligations under the LkSG by negotiating an agreement with the union, it soon became clear that KiK’s supplier would not improve working conditions. In order to take real responsibility, KiK should have critically examined the role of its own purchasing practices and also signed the agreement itself. NTUF, FEMNET and ECCHR have therefore decided to suspend negotiations with the company for the time being.

More about the case

BORDER JUSTICE

The Nador-Melilla Border Trap. © Border Forensics

Counter-investigation into racist massacre at the Spanish-Moroccan border

Two years since the Melilla border crossing was turned into a death trap, 70 people are still missing and 27 known dead. Together with Border Forensics and Irídia – Center for Defense of Human Rights, ECCHR supported this comprehensive reconstruction of events, which clarifies the lethal nature of Spain and Morocco’s border cooperation and their joint responsibility.

Read more in our supporter newsletter

Crime of solidarity under review

Europe’s anti-smuggling laws went on trial in a landmark case this month. The EU’s highest court, the Court of Justice of the European Union, is now reviewing whether the so-called “Facilitators package” respects fundamental human rights. The court’s review was triggered by the Kinsa case (formerly Kinshasa) regarding a Congolese woman who faces five years in prison in Italy for “facilitating the unauthorized entry” of her daughter and niece. She is represented by the defense attorney Francesca Cancellaro, and ECCHR is supporting the campaign. Facilitation laws have led to the criminalization of thousands of people on the move, as well as sea rescue NGOs and people providing humanitarian assistance.

More about the campaign

Returns of asylum seekers to Croatia stopped due to risk of pushbacks

Courts in three different federal German states have recently stopped returns to Croatia. In their reasoning, judges pointed to the systemic deficiencies in the Croatian asylum system, the serious risk of chain pushbacks and the lack of effective legal remedies for people subject to inhuman and degrading treatment. The decisions relied partly on an expert opinion submitted by ECCHR.

Read our expert opinion (only available in German)

Institute for Legal Intervention

Extractivist politics in Argentina: ECCHR summer reading

The election of Javier Milei as president of Argentina has heightened the threat to the already endangered ecosystems of indigenous communities. His administration is rapidly removing legal and institutional protections for indigenous lands for the accelerated extraction of minerals and raw materials. In their conversation entitled “Beyond Limitations,” artist and activist Tomás Saraceno and human rights lawyer Wolfgang Kaleck discuss the impacts of neoliberal greenwashing policies and past and contemporary struggles in Argentina.

Order a copy here info@ecchr.eu

Read online in ECCHR`s Living Open Archive

ECCHR

We welcome new staff and trainees

Florentina Pircher joined the International Crimes and Accountability team as an advocacy consultant

Nicole Weigert joined the Finance and Administration department

Aditi Saxena joined the Business and Human Rights team as a Chancellor Fellow

Natalja Smirnova and Tanvi Kohli joined the Business and Human Rights team as trainees

Vera Arndt joined the Border Justice team as a trainee

Shastikk Kumaran, Sophia Foukis and Whitney Nosakhare joined the International Crimes and Accountability team as trainees

Martha Bracklo returned to the Media and Communications team as a student assistant

Hannes Jürgens joined the Media and Communications team as a trainee

EVENTS

Film screening: Water for Life

Water for Life tells the story of three environmental defenders from Latin America who refused to let government-supported industry and transnational corporations take their water and redirect it to mining, hydroelectric projects and large-scale agriculture. The screening will be followed by a conversation between Manuela Royo Letelier, Chilean human rights and nature defender, and ECCHR’s Andreas Pietrafesa.

12 July, 5:00 pm, ECCHR, Zossener Str. 55-58 (Staircase D), Berlin

More info

Double Standards and International Law

ECCHR’s Andreas Schüller and Isabelle Hassfurther will participate in this workshop, which looks at how double standards are expressed in international law and how accusations of double standards are formulated and perceived in various contexts.

15 – 16 July, Freie Universität Berlin, Thielallee 69, Berlin

More info

SELECTED PAST EVENTS

Interdisciplinary Workshop on Critical Border Studies

Bringing together theory, practice and critical reflection on border studies at a workshop on 23–24 May, hosted by Oñati International Institute for the Sociology of Law, ECCHR’s Delphine Rodrik discussed the work of strategic litigation at the Spanish-Moroccan border.

More info

Meet the practitioners working with covert/overt borders

ECCHR’s Hanaa Hakiki joined this roundtable discussion on 31 May at Queen Mary University in London.

Watch the footage

Strategic litigation against racial borders and pushbacks

At a discussion about racial borders and pushbacks hosted by Kritische Jurist*innen FU Berlin on June 11, ECCHR’s Hanaa Hakiki and Delphine Rodrik spoke about obstacles to justice and prevailing impunity.

More Info

Accountability Efforts After 13 Years of Atrocities in Syria

Although Assad remains in power, impunity for crimes in Syria is no longer absolute – thanks to a patchwork of international justice efforts. With ECCHR’s Patrick Kroker, this panel on 16 May examined the successes and blind spots of these efforts.

Watch the footage (in Arabic)

re:publica 2024: Visions of agricultural transformation or business as usual?

The global agricultural industry is one of the main drivers of the climate crisis, resource depletion and species extinction. On 24 May, ECCHR’s Christian Schliemann-Radbruch participated in this podium discussion on whether supply chain laws can help counteract these tendencies.

Watch the footage (in German)

Are Legal and Human Rights Challenges at a Tipping Point in Changing the Arms Trade?

In recent months, the arms trade has faced a wave of political pressure and legal interventions by a range of actors. ECCHR’s Chloé Bailey joined this discussion on how these efforts could generate new approaches toward constraining the arms trade.

Watch the footage

Committee on Human Rights: Public Hearing at the German Parliament

What is the status of international human rights protection? On 10 June 2024, the 70th anniversary of the European Convention on Human Rights, the Human Rights Committee addressed this question at a public hearing of experts, including ECCHR’s Wolfgang Kaleck.

Read Wolfgang Kaleck’s statement

Watch the footage (both in German)

Vienna Trials – The hypocrisy of the well-meaning

On 16 June, Wolfgang Kaleck was invited by Milo Rau to give the closing speech at the Vienna Trials. Examining questions surrounding the legitimacy of controversial political action, the trials focused in particular on the criminalization of Last Generation climate activists and pro-Palestinian protesters.

Watch the footage (in German)

Corporate Climate Litigation: a new frontier against carbon majors

ECCHR’s Theresa Mockel joined this panel discussion on 12 June on strategic climate lawsuits, where large companies can be held accountable for their part in causing climate change. The event examined legal action against such companies.

More info

No way out? Human rights violations in Libya and EU-accountability

As part of the Border Struggle discussion series organized by Kritische Jurist*innen Leipzig, ECCHR’s Allison West and David Yambio discussed the captivity and exploitation of migrants and refugees in Libya, as well as the EU’s role in sustaining this system.

FOR GLOBAL JUSTICE

The world can only be just when human rights are universally recognized and guaranteed for everyone. This is what we are fighting for across the globe:
with those affected, with partners, with legal means.
Thank you for helping us in our efforts to make this happen.

Donate now

PUBLICATIONS

ECCHR

Dossier: Justice for Afrin

LOA/ECCHR, July 2024

Sarah Imani / Leokadia Melchior

Beyond return, towards repair: Restitution as a matter of constitutional and human rights

ECCHR, July 2024

Isabelle Hassfurther

Reform of the International Criminal Law Framework in Germany – Successful Changes and Missed Opportunities: Part I

OpinioJuris, 13 June 2024

Isabelle Hassfurther

Successful Changes and Missed Opportunities – International Criminal Law reform in Germany

(only available in German)

Verfassungsblog, 12 June 2024

Annabell Brüggemann

Global labor struggles: How trade unions in the Global South can use the German Supply Chain Act for their work – The example of the Pakistani textile industry

(only available in German)

Südlink-Magazin, 1 March 2024

Annabell Brüggemann

Interview on the EU supply chain law and union negotiations: The law on its own decides nothing

(only available in German)

ak, 18 June 2024

Miriam Saage-Maaß

The ECtHR missed a big opportunity

(only available in German)

Table Media, 16 April 2024

Alexander Schwarz

Interview on the ruling of the Berlin Administrative Court: No more arms deliveries to Israel until the war ends

(only available in German)

nd-aktuell, 12 June 2024

Alexander Schwarz

Interview: Berlin 'violating' arms trade obligation

Deutsche Welle, 30 May 2024

Alexander Schwarz

Arrest warrants against Netanyahu and Hamas? Why the independence of international courts is so important

(only available in German)

Tagesspiegel, 25 May 2024

Wolfgang Kaleck

Interview: The results of the Assange deal

(only available in German)

ZDF, 25 June 2024

Wolfgang Kaleck

Free Julian Assange

(only available in German)

Blätter für deutsche und internationale Politik, April 2024

Laura Duarte Reyes / Nina Burri

Transnational corporate liability in the era of loss and damages: the case of Asmania Et Al. V Holcim

Book chapter in: In: Stefano Zirulia, Lidia Sandrini and Cesare

Pitea (Ed.), What future for environmental and climate litigation? Exploring the added value of a multidisciplinary approach from international, private and criminal law perspectives, Pages 97–125. Milano University Press.

ECCHR, HEKS/EPER, 2024