ICC response to our Communique
In 2016, HR4A with other lawyers and academics, submitted a Communique to the International Criminal Court. The response has finally been received….four years later.
26 March 2020
HR4A was pleased that the Office of the Prosecutor (OTP) of the International Criminal Court determined that:
"These conditions of detention appear to have constituted cruel, inhuman, or degrading treatment (“CIDT”), and the gravity of the alleged conduct thus appears to have been such that it was in violation of fundamental rules of international law. This conclusion – including regarding the relevance of victims being subjected to CIDT – is consistent with jurisprudence from other international courts and tribunals and human rights supervisory bodies regarding the level of severity required to establish a deprivation of liberty that falls within the intended scope of the crime provided under article 7(1)(e)."
HR4A, however, was disappointed that the OTP decided not to pursue a further examination of the alleged crimes against humanity for the transfer and treatment of people to offshore detention (Manus Island, PNG and Nauru). HR4A will continue to liaise with the ICC should any new compelling evidence emerge.