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FIGHTING ENFORCED DISAPPEARANCE ACROSS GENERATIONS. SHARK ISLAND’S BURIED ATROCITIES.

SEPTEMBER 2024 | NEWSLETTER 99

International Day of the Victims of Enforced Disappearance on 30 August calls attention to the traumatic nature of this crime for victims and their communities. As efforts to locate the disappeared can stretch across decades, these crimes leave their mark on the next generation. When right-wing governments across the world seek to minimize, or even legitimize, such crimes, we must fight back against all forms of institutionalized forgetting. And this year has seen some success: in Germany, the adoption of crucial reforms now makes it easier to prosecute crimes of enforced disappearance.

 

Last week, we jointly filed a complaint against high-ranking Syrian officials for torture, murder and enforced disappearance. Also, our complaint against the supermarket chain Edeka has led to the suspension of sustainability certificates for the Guatemalan palm oil producer NaturAceites. Read more on these cases in this newsletter, along with our report on a trip to Shark Island, Namibia, to investigate the remnants of colonial crimes.


The ECCHR Team

Since 1977, the Mothers of Plaza de Mayo have marched weekly for the return of their missing children and hosted a TV show in Argentina since 2008. After Javier Milei took office, the show was canceled. © David Berkowitz

Reckoning with enforced disappearance as an intergenerational crime

Often linked to other grave crimes, such as torture, murder or sexual violence, enforced disappearance must also be seen as uniquely horrendous in its own right. The whereabouts of victims – and whether they are alive – can remain a question mark for years, if not decades. In Argentina, approximately 30,000 people were forcibly disappeared during the Videla dictatorship (1976 – 1983), and to this day, the fate of many is unknown. It is estimated that 300 people, kidnapped as children and deprived of their identities, have yet to be found and reunited with their families – a crime that continues to be committed more than 40 years on. Enforced disappearance is also devastating at the community level. It not only serves to smother dissent and terrorize oppositional voices; the disappeared tend to be the primary breadwinners in families. The abduction en masse of parents, able-bodied workers and those politically inclined sabotages the health of communities into the next generation.

 

As the reckoning with these crimes continues in Argentina, the Milei government is now attempting both to suppress and legitimize this brutal history of dictatorship. This shows how far-right regimes often launch reactionary agendas by dismantling taboos against the evils of the past – something also clearly visible in the politics of the far-right in Germany today.

 

Last year, though, Germany’s international legal reforms, to which ECCHR also contributed, removed major hurdles to establishing proof of the crime of enforced disappearance. Relatives are no longer required to have made official inquiries with authorities, who are often themselves the perpetrators. Without this obstruction, prosecutors should be more inclined to prosecute this crime.


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

INTERNATIONAL CRIMES AND ACCOUNTABILITY

“Caesar photos” once again confirm murders of the disappeared in Syria

On 23 September, the relatives of four victims murdered by the Syrian secret service filed a criminal complaint with the Federal Public Prosecutor General in Karlsruhe, Germany. Supported by the Caesar Family Association (CFA) and ECCHR, the complaint is directed against high-ranking officials of the Syrian regime for murder, arbitrary detention, enforced disappearance and torture. After they were arrested at various locations in Syria, the victims were detained in secret service torture prisons in 2012 and 2013. All attempts by relatives to obtain information concerning their whereabouts were unsuccessful. Only through images found among the so-called Caesar photos could they confirm that their family members had been killed. This trove of high-resolution photos – taken by a military photographer (code-name “Caesar”) and smuggled out of Syria – contains thousands of images of bodies in Syrian prisons. They have been used as evidence in multiple trials in Europe against high-ranking Syrian perpetrators of crimes against humanity.


More about the case

© Mohamed Badarne

Reckoning with enforced disappearance 

While such crimes cause unspeakable traumas for victims and many do not survive, they also cause ongoing injury to families and communities. With crimes continuing over generations, efforts to come to terms with them need our support!

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Court rejects request to stop German military exports to Israel with callous reasoning

In July, ECCHR supported five Palestinians in filing an additional request for provisional measures against the export of military equipment for use in Gaza, with the Frankfurt Administrative Court. While our previous legal interventions focused explicitly on weapons of war, this request concerns “other military equipment” – by far the largest share of German arms exports to Israel – including engines and transmissions for tanks, components for weapons systems, as well as licenses for replication and technology transfer.


The court rejected the request on grounds that are as much startling as they are callous: the Palestinian complainants, although living undeniably in a besieged war zone, do not fulfill the criteria for belonging to a “vulnerable population group.” As uninjured, able-bodied, middle-aged men, their “vulnerability” is not considered sufficient to warrant legal protection, as they are not endangered beyond the “catastrophic levels of danger” which all Gazans face. The court’s ruling partially seems to suggest that civilians in Gaza may only be considered vulnerable after such dangers have already befallen them. Instead of examining the legality of the exports, the court also upheld a largely political decision by the government – namely, that the arms exports to Israel were an expression of the “political maxim” that defines Israel's security as part of Germany's “reason of state.”

 

More about our work on Gaza

Remembering the impounding of Iuventa ship

Seven years have elapsed since the civilian sea rescue ship “Iuventa” was impounded by Italian authorities – launching one of the most expensive and drawn-out legal proceedings in Italian history. In June, the charges against the crew were finally dropped after they endured years of legal harassment for simply attempting to save the lives of people on the move at sea. This case serves as a reminder of the lengths that conservative forces in government will go to obstruct and even criminalize the work of those who protect human rights. We must remain vigilant against such forces.

 
More about the case 

BUSINESS AND HUMAN RIGHTS

12 years after Ali Enterprises factory fire in Pakistan

The 11th of September marks 12 years since the deadly fire at the Ali Enterprises factory in Karachi, Pakistan, whose main client was the German clothing retailer KiK. This preventable tragedy, in which more than 250 people lost their lives due to inadequate fire safety, spurred a movement against corporate recklessness that eventually culminated in the German Supply Chain Act in 2021. Now, this law faces opposition from factions within the German government, who wish to scale back some of its most important elements – and this at a time when firms like KiK fulfill their legal obligations far less than their PR statements would have us believe. Join us on 13 November for our conference on the current and future status of the Supply Chain Act, as well as its newly adopted EU counterpart: the Corporate Sustainable Due Diligence Directive. More information soon about the event on our website

 
More about the case

RSPO-certified palm oil: Edeka under mounting pressure

For years, the Roundtable for Sustainable Palm Oil (RSPO) has faced fierce criticism for greenwashing the ill effects of palm oil production on workers, indigenous communities and the environment. This is why foodwatch, together with local partners, those affected and ECCHR’s support, filed a complaint under the German Supply Chain Act last January, addressing the palm oil supply chain operations of the German supermarket chain Edeka. The RSPO label graces Edeka’s store-brand products even though they contain palm oil from monoculture plantations in Guatemala owned by the firm NaturAceites – which allegedly engage in exploitation, pollution of local drinking water and theft of indigenous land. The RSPO has since responded and suspended two of its certificates for NaturAceites. While we welcome this action, we insist that the RSPO label remains inadequate to the task of systematically preventing human rights violations and environmental destruction in palm oil supply chains. Companies cannot evade obligations by outsourcing their duty of care to certification initiatives.

 
More about the case

The site of the former concentration camp on Shark Island is threatened by tourism and the expansion of the Lüderitz port to accommodate increased shipments of liquid hydrogen. © ECCHR 

INSTITUTE FOR LEGAL INTERVENTION

Green energy extraction near colonial crime scene in Namibia

In April 2024, ECCHR’s Anne Schroeter traveled to Namibia at the invitation of ECCHR’s long-time partner, the Nama Traditional Leaders Association. Their conference in Lüderitz addressed the proposed extraction of natural resources in nearby Tsau-ǁKhaeb National Park to produce hydrogen to satisfy Europe’s growing demand for “green” energy. The community is unsure if they will benefit from this economic development or if history will repeat itself instead: traditional land and resources occupied and exploited by Europe, the former colonizer, restricting local access to the area and opportunities for green tourism.

 

The trip coincided with the reveal of the memorial stone of Shark Island – a concentration camp set up by German colonial troops off the coast of Lüderitz in 1905 – and the launch of the joint investigation into Shark Island and the Hornkranz by Forensis, Forensic Architecture, the Nama Traditional Leaders Association and the Ovaherero Traditional Authority, supported by ECCHR and medico. Beyond green hydrogen production, Lüderitz is also in the midst of a large-scale expansion of the town’s port that potentially threatens the remains of former prisoners who were killed in the camp. As part of a larger NGO collaboration, ECCHR supports the Nama Traditional Authority in their struggle to protect this historic site of genocide and their traditional lands, as well as their attempts to foster a genuine reconciliation process with the German government.


More on our work in Namibia

Berlin: The fight against forgetting in public space

Works of art and monuments provide important locations for public memory. They play a crucial role in coming to terms with crimes that have often been forgotten or suppressed, and in aiding survivors and bereaved families in their fight for recognition. Erected in 2020 by the Korea Association in Berlin-Moabit, the peace statue “Ari” commemorates the countless “comfort women” and girls who were abducted, sexually enslaved and forcibly prostituted by the Japanese military during WWII. Its permit, however, expires on 30 September. Despite numerous protests, Berlin's mayor Kai Wegner (CDU) gave in to diplomatic pressure from Japan to prevent the permanent preservation of the statue. Signatures from the Berlin-Mitte district are still being collected for the “Save Ari!” petition until 28 September.

In 2019, ECCHR supported Filipino survivors of sexual slavery and forced prostitution by the Japanese army (1942 – 1945) in their fight for recognition and compensation.


More about our work on the Philippines

The peace statue “Ari” in Berlin commemorates all victims of sexual violence across the world. Its permit, however, has not been renewed by the Berlin city government. © ECCHR

ECCHR Summer School 2024

In September, ECCHR brought together 10 young human rights activists from various countries for an inspiring summer school in Berlin and Nuremberg, thanks to the support of the Allianz Foundation. The first week in Berlin focused on strategies to mobilize for climate justice, engage in transnational collaborations, and face the challenges of democracy in decline. Allianz Foundation Fellow Arshak Makichyan, a climate and anti-war activist in exile, spoke about climate protests. As participant Gustavo Ferroni recounts: “Transnational collaboration is very important for the human rights movement. We have to remember that negative impacts on the environment and human rights violations…have never respected borders.” The second week took place in Nuremberg, focusing on “Business and Human Rights in Practice.” 30 Students could benefit from this longstanding collaboration with FAU Nuremberg and Tilburg Law School.

Summer school trip to Humboldt University. On the plaque: “Philosophers have hitherto only interpreted the world in different ways; the point is to change it.” – Karl Marx; © ECCHR

ECCHR

ECCHR welcomes new staff and trainees

Lisa Pitz joined ECCHR as a legal advisor in the Business and Human Rights team

Fritz Wegemann joined ECCHR as a research assistant for Wolfgang Kaleck and Miriam Saage-Maaß

Fiona Thorp joined the International Crimes and Accountability team as a Harvard Fellow

Jake Soria joined the International Crimes and Accountability team as a Columbia Fellow

Jakob Wagner-Douglas and Saja Alhafi joined the International Crimes and Accountability team as trainees

Nellys Koyoo and Fadzai Nyamarebvu joined the Business and Human Rights team as trainees

Anna Gsell joined the Border Justice team as a trainee

Nelly Siekmann and Carmen Caro joined the Institute for Legal Intervention as trainees

EVENTS

Enforcing corporate due diligence in the LkSG and the CSDDD 

ECCHR’s Christian Schliemann will join a panel discussion at the Legal Symposium at Martin-Luther-Universität with Oxfam’s Franziska Humbert and Isabell Hensel to discuss the public enforcement of corporate due diligence and legal questions surrounding complaints by affected parties.


11 October, 10:00 am, Martin-Luther-Universität, Hallischer Saal, Universitätsring 5, Halle (in German)

AI and Warfare

This conference examines how AI is one of the driving factors of technological change in warfare, introducing new capabilities in weapons systems for processing information, generating knowledge and automating decision-making. ECCHR’s Andreas Schüller and Tanvi Tuhina will present at the event.

 

16 – 19 October, HIIG, Französische Str. 9, Berlin

 

More info

From Tripoli to Berlin

Arbitrary detention, enslavement, sexual violence, and deaths at sea and on land: these are just some of the serious human rights violations people on the move face in Libya, Tunisia and the Mediterranean – a situation directly reinforced by EU migration policies. The event will include contributions from representatives from Refugees in Libya (RiL), ECCHR, the Civil Fleet and a German Member of Parliament.


18 October, 6:30 pm, Rosa-Luxemburg-Stiftung, Straße der Pariser Kommune 8A, Berlin


More info

Contestations.AI – AI, Human Rights and Warfare

Artificial intelligence, big data, and automated decision-making (ADM) are increasingly being used for surveillance, targeting and autonomous drone warfare. ECCHR’s Andreas Schüller will discuss potential approaches to mitigate, investigate and prevent harms caused by these AI-based systems.


23 October, The Train Factory, Helsinki (available online)


More info

PAST EVENTS

“Isolation or integration? Is European migration policy dividing us?” 

ECCHR’s Hanaa Hakiki joined Dr. Martin Bortz and Prof. Nicole Vögele at the TUD Lecture+ in Dresden in August to discuss the topic of migration against the backdrop of increasingly heated political and societal debate in Germany.


More info 

Double Standards and International Law

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


More info

Book launch: The Gun of Null Vier – Even Friday’s Sun Sets

Marking 120 years since the German colonial genocide in Namibia, ECCHR’s Wolfgang Kaleck joined social activists and guests from Namibia to offer insights into the political and historical significance of the genocide. Accompanied by performances, Ixmucané Aguilar presented this book as a document of historical memory.


More info

German Federal Conference on Promoters and Multipliers in Berlin Global Village

At this event, ECCHR’s Lisa Pitz held a workshop on the German Supply Chain Act and its relationship to the pitfalls of development in the Global South. 


More info

2024 Hrant Dink Award

On 15 September, the International Hrant Dink Award was granted to Mor Çatı Women’s Shelter Foundation from Turkey and Rugiatu Neneh Turay from Sierra Leone for their work toward a world free from discrimination, racism and violence. This year, ECCHR’s Wolfgang Kaleck was on the jury. The ceremony included special musical performances and short videos.


Watch the footage

“Shark Island” and “Swakopmund” – On shared memory between Namibia and Germany

Looking back at the German colonial genocide in Namibia, these films focus on the memorial site of a former concentration camp that is now in danger of being lost to tourism and development projects. After the screening, ECCHR’s Andrea Pietrafesa joined a panel discussion with Eyal Weizman, Johannes Ortmann, Ibou Diop and Mark Mushiva, moderated by Andrea Böhm.

 

More info

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

Wolfgang Kaleck and Andreas Schüller

International humanitarian law between commitments and reality (only available in German)

bpb, 18 July 2024


Annabell Brüggemann

A question of transnational struggle (only available in German)

ND, 19 July 2024


Wolfgang Kaleck

Interview: Rules of war – International law under pressure (only available in German)

ZDF, 12 August 2024


Andreas Schüller

Impunity and international prosecution (only available in German)

Chapter in Sri Lanka – 15 years after the civil war: The pursuit of human rights, democracy and the rule of law

Sri Lanka Advocacy, September 2024


Wolfgang Kaleck

German arms exports to Israel: It can’t get much more cynical and ignorant than this (only available in German)

spiegel.de, 18 September 2024


Alexander Schwartz

No legal protection for Palestinians in Germany (only available in German)

ND, 19 September 2024

RADIO/PODCAST

Syrian state torture on trial (only available in German)

75podcasts.org, 12 August 2024


Miriam Saage-Maaß 

BMW must implement the Supply Chain Act (only available in German)

NDR, 14 August 2024

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