DAWN Joins Coalition Call for the Biden Administration to Repeal ICC Sanctions

DAWN joined over 70 Non-Governmental Organizations, faith-based groups, and academic institutions, to call on the Biden Administration to engage constructively with the International Criminal Court (ICC).

The groups called on the Biden Administration to rescind Executive Order 13928 and all sanctions measures against ICC officials at the earliest possible opportunity.

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February 17, 2021

The undersigned organizations urge the Biden Administration to engage constructively with the International Criminal Court (ICC). The U.S. government's support for the ICC could help secure justice for victims in situations from Myanmar to Darfur, just as it helped facilitate the February 4 historic conviction of a former leader of an armed rebel group for war crimes and crimes against humanity in northern Uganda.

There is an immediate need to act to reset U.S. policy regarding the ICC. Most urgently, we are alarmed by recent calls for the U.S. government to maintain or even expand the sanctions put into place by the Trump administration in June 2020 currently targeting the court's work.

These actions were an unprecedented attack on the court's mandate to deliver justice and the rule of law globally, an abuse of the U.S. government's financial powers, and a betrayal of the U.S. legacy in establishing institutions of international justice. They were also an attack on those who engage with the court, including human rights defenders and victims. These extraordinary measures have put the U.S. at odds with many of its closest allies. They also have been challenged on constitutional grounds domestically.

Keeping in place the executive order authorizing sanctions would be inconsistent with the new administration's laudable commitments to respecting the rule of law and pursuing multilateral cooperation in support of U.S. interests. It would also transform a shameful but temporary action into a standing license for other governments to attack multilateral institutions when they disagree with those bodies' actions.

We call upon the U.S. government to rescind Executive Order 13928 and all sanctions measures against ICC officials at the earliest possible opportunity. We appeal for constructive engagement with the ICC and we urge the Biden administration and members of Congress to support that approach.

This statement was coordinated by the Washington Working Group for the International Criminal Court (WICC), an informal and nonpartisan coalition of diverse NGOs, including human rights organizations, faith based groups, professional associations, and others. WICC meetings are co-convened by Veronica R. Glick and Rebecca A. Shoot, who may be reached for comment at WICC@washingtonicc.org.

The Advocates for Human Rights
Allard K. Lowenstein International Human Rights Clinic, Yale Law School American Civil Liberties Union (ACLU)
American Jewish World Service (AJWS) Amnesty International USA
Anti-Torture Initiative, American University Washington College of Law Associazione Luca Coscioni
Center for Civilians in Conflict (CIVIC) Center for Constitutional Rights (CCR) Center for Justice and Accountability
Center for the Study of Law & Genocide, Loyola Law School Center for Victims of Torture (CVT)
Congregation of Our Lady of Charity of the Good Shepherd, US Provinces Darfur Women Action Group
Democracy for the Arab World Now (DAWN)
European Center for Constitutional and Human Rights Fortify Rights
Global Centre for the Responsibility to Protect Global Justice Center
Global Justice Clinic, New York University School of Law Guernica 37 Chambers and Centre for International Justice
Human Rights and Gender Justice Clinic, City University of New York School of Law Human Rights First
Human Rights Institute, Georgetown University Law Center Human Rights Watch
Institute for Policy Studies, Drug Policy Project
Institute for Policy Studies, New Internationalism Project International Association of Democratic Lawyers International Center for Transitional Justice (ICTJ) International Commission of Jurists (ICJ)
International Criminal Court Alliance (ICCA) International Federation for Human Rights (FIDH)
International Human Rights Clinic, Boston University School of Law International Human Rights Clinic, Harvard Law School InterReligious Task Force on Central America
J Street
Justice for Muslims Collective
Leitner Center for International Law and Justice
National Advocacy Center of the Sisters of the Good Shepherd Never Again Coalition
No Peace Without Justice Open Society Foundations Operation Broken Silence
Parliamentarians for Global Action (PGA) Partners in Justice International
Pax Christi USA
Physicians for Human Rights
Presbyterian Church (USA), Office of Public Witness Project Blueprint
The Promise Institute for Human Rights, UCLA School of Law
REDRESS
The Rendition Project Reprieve
Science for Democracy The Sentry
September 11th Families for Peaceful Tomorrows StoptheDrugWar.org
Students for Sensible Drug Policy
The Syria Justice and Accountability Centre TRIAL International
United Church of Christ, Justice and Witness Ministries
The United Methodist Church – General Board of Church and Society
University of Southern California (USC) Gould International Human Rights Clinic US Human Rights Network (USHRN)
US Filipinos for Good Governance DC/MD/VA Chapter Victim Advocates International
War Crimes Research Office, American University Washington College of Law Western New York Peace Center
Win Without War Witness Against Torture
Women's Initiatives for Gender Justice (WIGJ)
World Federalist Movement/Institute for Global Policy (WFM/IGP) World Organisation Against Torture (OMCT)
World Without Genocide at Mitchell Hamline School of Law

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Photo: THE HAGUE, NETHERLANDS – JULY 30: Exterior View of new International Criminal Court building in The Hague on July 30, 2016 in The Hague The Netherlands. (Photo by Michel Porro/Getty Images)

November 10, 2020

Hon. Hillary Rodham Clinton, Former United States Secretary of State

Ambassador Melanne Verveer, Executive Director, Georgetown Institute for Women, Peace and Security

Ms. Agathe Christien, Hillary Rodham Clinton Research Fellow, Georgetown Institute for Women, Peace and Security

Dear Secretary Clinton, Ambassador Verveer, and Ms. Christien,

We are deeply disturbed to learn of your participation in a joint Georgetown event with the government of the United Arab Emirates.^[i] The so-called "Advancing Women's Participation in Post-Conflict Reconstruction" event on November 11, 2020, risks creating a propaganda platform for the UAE government that it can use to hide its repression, war crimes, and violations of women's rights. It also tarnishes your own reputation and credibility by associating with a government intent on buying a better image for itself through lucrative funding of American institutions.

We urge you to withdraw from this event immediately and end your association with the government of the UAE until the UAE ends its terrible record of human rights violations and violations of international law. We also urge you to disclose all financial contributions that the Clinton Foundation, Georgetown University, or other entities with which you are affiliated may have received from the UAE, and to consider returning immediately any such contributions or donations.

It is astonishing that the government of the United Arab Emirates would be allowed to host such an event and to pretend to be an advocate for women's rights or gender equality, given the UAE's role in creating so much misery for women, girls, and civilian populations in multiple societies across the Middle East and North Africa. Together with Saudi Arabia, UAE wars and interventions have created vast amounts of suffering and death in Yemen, Libya, and the broader region. The UAE's brutal record has only intensified under de-facto ruler Sheikh Mohammed bin Zayed bin Sultan Al Nahyan, the Crown Prince of the Emirate of Abu Dhabi. The UAE's domestic record of abuse and repression of women and girls has furthered their marginalization, exploitation, and subjugation in the country.

As an absolute monarchy without any form of meaningful democratic representation, the United Arab Emirates has a long record of human rights violations, international humanitarian law violations, and interventions to squash regional democracy-building efforts:

Violating Women's Rights
Wide Scale Abuse of Migrant Domestic Workers
Broad Domestic Repression
Driving Vast Suffering for Women and Civilian Populations in Yemen
Unlawful Transfer of Arms to Libya
Supporting Terrorist Networks
Exporting Dictatorship

Violating Women's Rights:

The UAE violates women's rights through discriminatory laws and repression, including its male guardianship policies, which require adult women to obtain the permission of their male guardian before they are allowed to marry.^[ii]

UAE officials, including the Ruler of Dubai and Prime Minister of the UAE, Mohamed bin Rashid al Maktoum, have been personally implicated in the kidnapping, imprisonment, assault, and even torture of women, including women attempting to flee the country, with absolute impunity.^[iii] ^[iv] Not only does the government systemically abuse women in the country, it protects those who violate the UAE's own laws from any form of prosecution or accountability. The Ruler of Dubai continues to unlawfully detain two of his adult daughters, Sheikha Latifa and Sheikha Shamsa, following their abduction by UAE security forces from India in 2018 and the United Kingdom in 2010, respectively. They reportedly remain captive in the Ruler's private residence.^[v] The Ruler's wife, Princess Haya, was forced to flee the country after facing a "utterly terrifying" campaign of intimidation and harassment by the ruler.

The UAE continues to implement a legal system that discriminates harshly against women in divorce, child custody and inheritance. The legal system in place leaves women trapped in abusive marriages and facing the loss of all economic support and custody of their children if they seek to divorce their spouses. Women are entitled to a fraction of the inheritance their brothers receive.^[vi] Women in the UAE are still treated as subordinate to men under the law. In 2019, the authorities amended the law to remove the requirement that women should obey their husbands and in 2020 introduced other minor amendments on obligations to appear more gender neutral. However, such changes merely remove discrimination in law but essentially still allow for judges to discriminate against women in practice. Marital rape is not a crime in the UAE.^[vii]

The rulers of the UAE have wrongfully detained, tortured, and allowed women to die in their prisons. Loujain al-Hathloul is a prominent Saudi women's rights defender who was subjected to cyberattacks by the UAE authorities, who hacked into her email before arresting and forcibly transferring her to Saudi Arabia in 2018. She has been brutally tortured and remains in prison today in Saudi Arabia in reprisal for her activism.^[viii] ^[ix] ^[x] In 2019, Alia Abdulnoor died in a prison in the UAE, just two months after the UN had specifically called for her release.^[xi] Another detainee mentioned in UN communications, Maryam AlBalushi, had leaked accounts of torture in prison and reported being held in solitary confinment on charges of "damaging the UAE's reputation." AlBalushi reportedly attempted suicide in March of 2020.^[xii]

Wide Scale Abuse of Migrant Domestic Workers:

The UAE has failed to offer meaningful protection for millions of women who work as domestic workers in the country, and who have experienced widely documented abuse, exploitation, and non-payment of wages in a system that can amount to forced labor.^[xiii]

In the UAE, foreign employees remained tied to their employers as their sponsors in the country.^[xiv] Foreign residents require the permission of their sponsors to change jobs or leave their employer, and keep their status in the country legal. The wages for household workers in the UAE are extremely low relative to the cost of living. As a result, migrant workers often suffer from inadequate standards of living. Migrant workers are routinely overworked, refused days off, forbidden from exiting the household, routinely refused or delayed payments, and often abused.^[xv] Migrant domestic workers are often women and face significant risk of sexual violence.^[xvi]

Broad Domestic Repression:

The UAE monarchy has jailed or imprisoned dozens of prisoners of conscience, people who have engaged in the peaceful and nonviolent expression of their views. Imprisoned voices of reform include human rights activist Ahmed Mansoor, academic Nasser bin Ghaith, and human rights lawyer Mohammed al-Roken.^[xvii]

Despite vague assurances in the UAE Constitution, citizens have no enforceable civil and political rights. Significant human rights issues, as documented by the US State Department 2019 Country Report on Human Rights Practices, included: "allegations of torture in detention; arbitrary arrest and detention, including incommunicado detention, by government agents; political prisoners; government interference with privacy rights; undue restrictions on free expression and the press, including criminalization of libel, censorship, and internet site blocking; substantial interference with the rights of peaceful assembly and freedom of association; the inability of citizens to choose their government in free and fair elections; and criminalization of same sex sexual activity."^[xviii]

Driving Vast Suffering for Women and Civilian Populations in Yemen:

In Yemen, the UAE has killed thousands of civilians and helped decimate the impoverished country's healthcare system as part of a military coalition led by Saudi Arabia and armed by the U.S. The UAE has helped drive millions to the brink of starvation under an unlawful siege of Yemen's land, air and water borders, and facilitated the spread of the Coronavirus pandemic, with particularly harsh effects on women and girls. The UAE has also operated secret detention centers in Yemen where rape, sexual assualt, torture, and other abuse of detainees, including of women, has been extensively documented. Prior to the Coronavirus pandemic, reports already indicated that 85,000 children had died of starvation, and two million children under five and 1.1 million pregnant women and new mothers are now acutely malnourished.^[xix] ^[xx]

Unlawful Transfer of Arms to Libya:

The UAE continues to violate the UN Security Council Resolution 1970 arms embargo on Libya by the ongoing provision of military assistance to armed groups in Libya, in its support of warlord Khalifa Haftar in his violent campaign against the Libyan Government of National Accord. The UN Panel of Experts monitoring the sanctions regime condemned the UAE's unlawful provision of arms in Libya just two months ago.^[xxi] The UAE has itself carried out aerial attacks on civilians in Libya, including a drone attack on a factory that killed 8 civilians and a military academy that killed 26 cadets.^[xxii] ^[xxiii]

Since last April alone, the UAE conducted more than 850 indiscriminate drone and jet strikes on Haftar's behalf, striking homes and civilian institutions. This year, the UAE sent over 100 airlifters suspected of carrying weaponry to Haftar's forces.^[xxiv] The UAE sent U.S. planes to Libya's civil war, and although the UAE denied having done so, satellite images confirmed the planes' shipment.^[xxv] With UAE support, Haftar launched attacks and indiscriminately bombed civilians, including strikes on or near heath care facilities.^[xxvi]

Supporting Terrorist Networks:

The UAE and Saudi Arabia have supported Al Qaeda-affiliated individuals, networks, and militias in Yemen, including by reportedly providing them with arms, military assistance, and funding. The UAE has permitted weapons purchased from the U.S. to be given to, sold to, or captured by local militias, as well as extremist groups such as Al Qaeda in the Arabian Peninsula.^[xxvii] The UAE and Saudi Arabia have also paid, protected, and even recruited Al Qaeda fighters in Yemen.^[xxviii]

Exporting Dictatorship:

Together with its Saudi ally, the UAE intervenes across the Middle East and North Africa to stop democracy and promote dictatorship, including in Bahrain, Egypt, Sudan, and Libya. In Bahrain, UAE and Saudi forces worked with Manama to crush the country's 2011 pro-democracy movement. Following the democracy protests that began on February 14th, 2011, Saudi and UAE military forces led Gulf Cooperation Council troops (GCC) to march into Bahrain, attack peaceful protesters, and help crush the democracy movement.^[xxix] In Sudan, the UAE and Saudi Arabia attempted to undermine the nation's pro-democracy movement by supporting the "transitional military council" that sought to maintain military rule after the country's dictator Omar al-Bashir was driven from power.^[xxx] And in Egypt, both the UAE and Saudi Arabia have repeatedly backed Egyptian dictator Abdel Fattah el-Sisi. The UAE supported the military coup in Egypt in 2013 with $3 billion in aid, and continues to provide financial assistance to the Egyptian government.^[xxxi]

Conclusion:

Together with its Saudi ally, the UAE monarchy is responsible for gross violations of international human rights and humanitarian law across the Middle East and North Africa. Against this backdrop, it is astonishing that you would consider the UAE government to be a suitable partner for an event on women and post-conflict reconstruction. We urge you to cancel this event, end your partnership with the UAE government, and reveal and return all funding from this brutal monarchy.

Sincerely,