FREEDOM OF SPEECH / FREEDOM OF EXPRESSION


FREEDOM OF SPEECH / FREEDOM OF EXPRESSION

Freedom of speech is the freedom to speak without censorship and/or limitation. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used [United Nations, 1966, 1976]. The right to freedom of speech is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). The ICCPR recognizes the right to freedom of speech as "the right to hold opinions without interference. Everyone shall have the right to freedom of expression". Furthermore freedom of speech is recognized in European, inter-American and African regional human rights law [United Nations, 1966, 1967]. Freedom of speech, or the freedom of expression, is recognized in international and regional human rights law. The right is enshrined in Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights [Andrew Puddephatt & Hodder Arnold, 2005; Kumar, Ambika, 2006].

In Islamic ethics freedom of speech was first declared in the Rashidun period by the caliph Umar in the 7th century. In the Abbasid Caliphate period, freedom of speech was also declared by al-Hashimi (a cousin of Caliph al-Ma'mun) in a letter to one of the religious opponents he was attempting to convert through reason.

According to George Makdisi and Hugh Goddard, "the idea of academic freedom" in universities was "modelled on Islamic custom" as practiced in the medieval Madrasah system from the 9th century. Islamic influence was "certainly discernible in the foundation of the first deliberately-planned university" in Europe [Boisard, Marcel A., 1980].

* Selected REFERENCES / Sources:

Amnesty International: Annual Reports: URLhttp://www.amnesty.org/ailib/aireport/index.html Andrew Puddephatt & Hodder Arnold. (2005). Freedom of Expression: The Essentials of Human Rights. United Publishers. Boisard, Marcel A. (July 1980), "On the Probable Influence of Islam on Western Public and International Law", International Journal of Middle East Studies 11 (4): 429–50. Goddard, Hugh. (2000). A History of Christian-Muslim Relations. Edinburgh: Edinburgh University Press. Kumar, Ambika. (2006). ‘Using Courts to Enforce the Free Speech Provisions of the International Covenant on Civil and Political Rights.’ Published by Chicago Journal of International Law. Summer 2006. URLhttp://www.allbusiness.com/corporate-governance/4082846-1.html United Nations: ‘International Covenant on Civil and Political Rights.’ Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16th December 1966: Entry into force 23 March 1976, in accordance with Article 49. URLhttp://www2.ohchr.org/english/law/ccpr.htm (United Nations) Wikipedia. (2010). ‘Freedom of Speech.’ Wikimedia Foundation, Inc. URLhttp://en.wikipedia.org/wiki/Freedom_of_expression

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16 March 2019

War crime investigators will be barred from entering US ?!



Source:
https://www.independent.co.uk/news/world/americas/us-politics/war-crimes-investigators-international-criminal-court-barred-us-visas-mike-pompeo-secretary-of-state-a8825731.html
16 March 2019

War crime investigators will be barred from entering US, Secretary of State Mike Pompeo says

ICC staff probing Israel may also face restrictions




War crimes investigators working for the International Criminal Court (ICC) will be barred from entering America if they probe the actions of the country's soldiers in Afghanistan and other locations, US Secretary of State Mike Pompeo has said 
Suggesting they would not be granted visas, he said: "We are determined to protect the American and allied military and civilian personnel from living in fear of unjust prosecution for actions taken to defend our great nation."
A spokesperson for the ICC said that it was an independent and impartial institution and would continue its work "undeterred" by Washington's actions.

 A prosecutor currently has a pending request to investigate actions of US troops in Afghanistan.
The Trump administration said restrictions may also be placed on investigators examining alleged war crimes involving Israel. 
The visa restrictions will apply to any ICC employee who takes or has taken action "to request or further such an investigation" into allegations against US forces and their allies in Afghanistan that include forced disappearances and torture, Mr Pompeo said.
The new policy is designed to deter the investigators, he added. 
"These visa restrictions may also be used to deter ICC efforts to pursue allied personnel, including Israelis, without allies' consent," he said.  "If you are responsible for the proposed ICC investigation of US personnel in connection with the situation in Afghanistan, you should not assume that you still have or will get a visa or will be permitted to enter the United States." 
The US is not and has never been an ICC signatory but Afghanistan is one of the 123 countries which signed the treaty founding the international court.
"We are prepared to take additional steps, including economic sanctions, if the ICC does not change its course," Mr Pompeo said, adding: "The first and highest obligation of our government is to protect its citizens and this administration will carry out that duty. The ICC, as a court of law, will continue to do its independent work, undeterred, in accordance with its mandate and the overarching principle of the rule of law." 
Mr Pompeo's announcement was criticised by Human Rights Watch, which called it "a thuggish attempt to penalize investigators" at the ICC.
"The Trump administration is trying an end run around accountability," the organisation said. "Taking action against those who work for the ICC sends a clear message to torturers and murderers alike: Their crimes may continue unchecked."
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