Asia-Pacific

[Kingsley Abbott is the ICJ’s Senior International Legal Adviser for Global Accountability, and is based in Bangkok, Thailand. Twitter: @AbbottKingsley.] Later this month, the Fifth Committee of the UN General Assembly, responsible for budgetary and administrative matters, is likely to approve the budget for the “Ongoing Independent Mechanism” (OIM) for Myanmar created by resolution at the UN Human Rights Council last September....

Facebook commissioned a human rights impact assessment into its presence in Myanmar by Business for Social Responsibility (BSR), which has recently released its report. While news outlets reported this as a mea culpa by Facebook regarding the use of its platform in contributing to atrocities in Myanmar – perhaps partly due to the product policy manager’s note in disseminating the report...

[Alina Balta is a PhD Researcher at Tilburg Law School, INTERVICT. This blogpost is a product of the Intervict Reparations Initiative, commissioned by the NWO-VIDI Project, A Waste of Time or No Time to Waste, as well as a product of research carried out for the photobook ‘Portraits of Injustice: Forced marriage and related sexual violence during the Khmer Rouge’ due to be published in...

[Ajita Banerjie is a research consultant with the International Commission of Jurists, based in India.] In a historic judgment pronounced on 6th September 2018, the Supreme Court of India declared the 157-year-old law, Section 377 of the Indian Penal Code, unconstitutional in so far as it criminalizes consensual sexual relationships between same-sex adults. The landmark judgment in Navtej Singh Johar vs Union of India seeks to atone for...

[Eugénie Mérieau is a legal consultant for the International Commission of Jurists.] In September 2018, the Indian Supreme Court invalidated, in two landmark rulings, misogynistic and homophobic laws inherited from the British Empire. On September 27, it struck down Section 497 of the Penal Code (Shine v. Union of India) criminalizing adultery, three weeks after it had annulled Art. 377 of...

[Siddharth Narrain is a lawyer and legal researcher based in Delhi.] Earlier this year, a five-judge Constitutional Bench of the Indian Supreme Court, in a path-breaking judgment in Navtej Singh Johar declared the colonial sodomy statute (Section 377 of the Indian Penal Code) unconstitutional, and no longer applicable to consenting sexual acts between adults, effectively decriminalizing homosexuality, and legally recognizing LGBTI...

This post is a continuation of the analysis of proceedings at the Philippine Supreme Court, relating to the withdrawal of the Philippines from the International Criminal Court. C. R.A. 9851: A Double Bind? The sufficiency of the “The Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity” or R.A. 9851 in addressing mass atrocity crimes was...

The Philippine Supreme Court has just completed hearings in a legal challenge relating to the Philippine withdrawal from the International Criminal Court. On the heels of the South African High Court ruling against the withdrawal from the ICC on the grounds of unconstitutionality and thereby invalidatingthe withdrawal, this case in the Philippines bears watching. I attended the three days of hearings...

Okay, it didn't directly say that. But that is the logical consequence of the Pre-Trial Chamber's new decision upholding the Court's jurisdiction over the deportation of the Rohingya from Myanmar. According to the PTC (para. 71), the crime against humanity of deportation (unlike forcible transfer) necessarily takes place in two states, because one of the essential elements of the crime...

[Maitreyi Gupta is an International Legal Adviser for the International Commission of Jurists, Based in India.] The Supreme Court of India will soon deliver its judgment in a historic case -- Navtej Singh Johar et al v. Union of India and others -- on the criminalization of consensual same sex relations in the country. Branded outlaws by the law, lesbian, gay, bisexual and transgender (LGBT)...