Association for Defending Victims of Terrorism – Mutual Legal Assistance Treaty agreed following negotiations between countries at meeting in Slovenia
Treaty fills a gap in international law by clarifying and cementing obligations of countries to assist each other in cases involving international crimes
Reacting to the Mutual Legal Assistance Treaty being agreed upon in Slovenia, Fisseha Tekle, a Law and Policy Adviser at Amnesty International, said:
“The adoption of this new convention on international cooperation is a historic step towards delivering justice to victims of crimes under international law.
“In a world with ever-more visible atrocities, and where huge numbers of victims are often left without any remedy, the convention opens more routes to justice.
“Rules on the recognition, role and rights of victims were expanded; there is an increased emphasis on the duty to provide fair treatment to the accused throughout; statutes of limitations for these crimes have largely been outlawed; and language on gender was improved.
“Importantly, the principal duty of states to prosecute or extradite suspects of crimes under international law was enshrined and expanded to cover certain crimes in non-international armed conflicts.
“However, it is of great concern that last-minute efforts by a few states succeeded in carving out an exemption and securing discretion on whether to investigate and prosecute suspected perpetrators present on their territory, when this should be a universal duty.
Polly Truscott, Foreign Affairs Adviser at Amnesty UK, added:
“Throughout these talks the UK sided with those wanting to water the treaty down rather than making it as tough and as effective as possible.
“The final outcome is still extremely welcome and will help bring suspected war criminals and others to justice, but it’s been shocking to see UK officials choosing political expediency over principles of international justice on something as vital as this.
“It should never be a question of pursuing some wanted war criminals and some architects of genocide, while letting others slip the net because it might serve the UK’s short-term interests.
In this regard, Agnès Callamard, Secretary General, Amnesty International said, Diplomatic moves by the French government fly in the face of established human rights principles and call into question the very essence of universal jurisdiction.
She added, “The amendment would drastically dilute the potency and power of the new convention. It is tantamount to making justice subservient to politics. It signals a worrying slide backwards in international law, as well as the universal fight for justice, truth and reparation.
“The draft convention must incorporate the highest standards of international human rights. The French proposal risks undermining existing rules in globally accepted treaties against torture and enforced disappearances.
“Amnesty International calls on all states participating in the conference to strongly reject the French proposals on draft Articles 6 and 11 of the draft convention, and to keep the original text as proposed.”
