Does the Indonesian government adequately protect human rights?

It does and it does not; it really depends on the context. Indonesia looks good among its neighbours in Southeast Asia in terms of protection of civil and political rights, and to some extent economic, social and cultural rights, although room for improvements exists.

But one of the promises of the current president, Joko Widodo, during his 2014 campaign was about international criminal justice, which involves rights for many victims of past cases of human rights abuses in Indonesia. In that sense, it does not protect these rights, including the rights to justice, truth, reparations or guarantees of non-recurrence.

For example, in the case of the conflict over independence for East Timor in 1999, there were many gross violations of human rights. However, there has never been any sort of effective judicial process to address gross violations of human rights, and crimes against humanity in particular.

In 1965–66, during the government’s violent anti-communist operations, 500,000 people or more were killed. Indonesia’s National Commission on Human Rights was tasked with conducting an investigation into this period within its limited mandate, but it led to nothing; there have never been any prosecutions relating to these crimes.

The election promise of the current president was to deal with a number of these past human rights cases, and this promise has not been met at all. His opponent in 2014, Prabowo Subianto, was a former military general involved in alleged past human rights abuses, so it was politically expedient to make such a promise. But it has not been pursued in office.

In 2000, Indonesia established its own Human Rights Court. What is your assessment of its record?

Some human rights activists suggested that the establishment of the Human Rights Court took place under international pressure following the independence of East Timor. To avoid international scrutiny, for example the creation of an ad hoc international tribunal, the government established this court.

Based on the report of the International Commission of Inquiry on East Timor in 2000, it was indeed recommended that an international human rights tribunal be set up. Indonesian government rejected the proposal with strong assurances that it would provide justice for atrocities committed by its nationals. So it is fair for some to see the establishment of Indonesia’s Human Rights Court as a political move by the government at that time, in order to avoid scrutiny by the international community.

When it comes to performance, the Human Rights Court actually investigated and prosecuted cases relating to atrocities in East Timor. There were around 100 suspects identified, and 18 were put on trial. Out of these 18, only one trial, of Eurico Guterres, ended in a conviction for crimes against humanity. However, the Indonesian Supreme Court cleared Guterres of all charges in 2008. So the Human Rights Court did take steps, but the net result amounted to essentially nothing. Impunity remains.

So it has not lived up to its mandate, but there is another factor, which is that the founding law of the Human Rights Court does not accommodate international standards of criminal justice. It only covers two of the four categories of crime as outlined in the Rome Statute – crimes against humanity and genocide. It also does not provide adequate protection for victims and witnesses. So there are issues not only with the performance of the Human Rights Court but also with the legislation establishing it.

Why hasn’t Indonesia become a party to the Rome Statute to join the ICC?

The main opposition came from the military, because they were afraid of being targeted by the ICC. There was also a lot of discussion about Indonesia’s ‘sovereign right to prosecute’.

But what those opposing failed to understand is that the ICC is bound by temporal and territorial boundaries, meaning that it will not intervene if the state in question is able and willing to prosecute. So I think accession to the Rome Statute has not taken place because of this misunderstanding.

I think another factor since this was initially raised is there is a focus on other issues. Indonesia is an emerging country economically; there is a focus on building infrastructure. So many in government feel like they are done with the past. But for the millions of victims of past crimes and their families, the past is not done.

So it’s very important at this point in the country’s history to revisit the commitment to international criminal justice to be able to contribute to sustainable peace and development.

What steps could the Indonesian government take to improve how it handles these issues?

The establishment of the Human Rights Court was an important starting point, but clearly there has to be significant reform, both in terms of the substantive law underpinning it and its procedures.

Clearly the domestic laws need to be reformed, but also, an effort needs to be made to improve the courts capacity in terms of manpower and logistical support. This is why the government needs to restart the discussion about becoming a party to the Rome Statute. Through the outreach programme of the ICC, this would give the Human Rights Court the capacity, in terms of manpower and logistical support, to tackle past human rights violations in Indonesia, which the Human Rights Court is currently lacking.

Only if these two steps are taken – reforming the domestic Human Rights Court and restarting discussion about becoming a party to the Rome Statute – will the Indonesian government be able to say it has made progress on international criminal justice.

The Indonesian government is actually running for a seat on the UN Security Council for the period of 2019–20. So I think it is an urgent discussion that the Indonesian government needs to have before it makes another pledge to contribute to the maintenance of international peace and security. It is difficult to have sustainable peace without justice.

This roundtable focuses on the economic dimensions of displacement and migration and brings together an international group of experts from government, international organizations, civil society, research institutes and the private sector.   

The event was co-hosted with the Overseas Development Institute.

Cyber intrusions do not respect international borders. At this event, the attorney general will discuss how to apply and shape international law in order to ensure the rules-based international system can adapt to the threats – and opportunities – posed by cyber into the future.

Please note this event was originally scheduled on 13 June 2018 and has been postponed to 2 July 2018.

Technology companies, social media platforms and other internet intermediaries dominate the digital age, and harnessing data in algorithmic and artificial intelligence systems is widespread, from political campaigns to judicial sentencing.

The recent Facebook and Cambridge Analytica revelations provide a sharp illustration of the risks to human rights and democracy posed by data-mining and "platform capital".

These revelations have focused public and policy debate on two key issues. First, they raise questions of how accountability and remedies can be effectively achieved, particularly where companies close in the wake of such revelations. Second, key questions arise on what regulation should look like.

Facebook has pledged to respect privacy of its users better, but how effective is self-regulation? There has been heavy emphasis on the role that the EU General Data Protection Regulation (GDPR) can play to improve the protection of privacy and data protection, but will it be enough? What are the implications for international law - how can the established standards in human rights and data protection respond to these challenges?

This event, co-hosted with the ESRC, Human Rights, Big Data and Technology Project, will be followed by a drinks reception.

Read the meeting summary on the Human Rights, Big Data and Technology Project website. 

Millions of civilians suffer hunger and starvation in times of armed conflict. This panel discusses the legal prohibitions on the use of starvation as a method of war, and the obligations on the warring parties to allow access for humanitarian relief.

In 2014, the Chinese government announced its intention to strengthen China's discourse power and influence in international legal affairs. Since then, the International Law Programme and Asia-Pacific Programmes at Chatham House have been evaluating the increasing emphasis on international law in China's global governance agenda. Our research includes the hosting of roundtables with a global network of international lawyers including leading Chinese academics.

This meeting will discuss insights emerging from two recent roundtables held in Beijing(opens in new window) and New York in 2018. The Beijing roundtable focussed on China’s approach to emerging areas of international law, including the law applicable to cyber operations, the Arctic, dispute settlement and business and human rights. The New York roundtable discussed the international law relating to peace and security including use of force, sanctions, international humanitarian law applicable to peacekeepers, international criminal law including the crime of aggression and human rights, peace and security.

Harriet Moynihan will discuss China's ambitions to play a more influential role in shaping international law drawing on findings from both roundtables. The meeting will also consider how China's ambitions for the international order fit within China's foreign and domestic policy agenda and changes to global governance generally.

Attendance at this event is by invitation only. 

As polar ice melts, the Arctic will become increasingly important for its untapped oil, gas and minerals as they become more accessible, as well for its shipping routes, which will become increasingly cost efficient for cargo as parts of the routes become ice-free for extended periods. 

A number of countries, including Russia and China, are also exploring the possibilities around overflights, commercial fishing, the laying of submarine cables and pipelines, and scientific research.

Earlier this month, China announced the launch of its first domestically built conventionally-powered polar icebreaker, Xuelong 2, or Snow Dragon 2. Like its (foreign-built) predecessor,Snow Dragon, this vessel’s purpose is framed as scientific research into polar ice coverage, environmental conditions, and biological resources. 

It has not gone unnoticed, though, that China’s new icebreakers are also useful in testing the feasibility of moving cargo across the Arctic. China’s plans for a Polar Silk Road, as part of its ambitious multi-billion-dollar Belt and Road Initiative, include developing Arctic shipping routes. China recently invested in Russia’s Yamal liquefied natural gas project in the northern port of Sabetta and signed a framework agreement for Chinese and Russian banks to co-finance up to 70 joint projects in the Arctic region.

But China’s interest in the Arctic extends beyond the purely economic: it is also pressing for a greater role in its governance. Compared to the Antarctic – where governance is heavily institutionalized, governance of the Arctic is much less developed, largely due to their distinctly different natures. 

The Antarctic, which is predominantly landmass, is governed by a treaty with 53 states parties, freezing territorial claims and preserving this region for peaceful scientific purposes. By contrast, the Arctic Council was only established in 1996 and comprises the eight Arctic states that claim sovereignty over the landmass in the Arctic Circle, a region which consists largely of frozen ocean and which hosts indigenous populations. 

The legal framework is a patchwork affair, drawn from various treaties of global application (including the UN Charter and the UN Convention on the Law of the Sea), the Svalbard Treaty(recognizing Norway’s sovereignty over the eponymous Arctic archipelago), as well as customary international law and general principles of law. So far, the Arctic Council has been the forum for the conclusion of only three legally binding agreements.

China sees a gap for new ideas, rules and participants in this space. A white paper released by the government in January contains sophisticated and detailed analysis of the international legal framework applicable to the Arctic and demonstrates China’s increasing knowledge and capability in this area, as reflected in the growing number of Chinese international lawyers specializing in Arctic matters. 

The white paper seeks to justify China’s involvement in Arctic affairs as a ‘near Arctic state’, noting that the Arctic’s climate, environment and ecology are of concern for all states. The white paper uses familiar phrases from China’s vision for its foreign policy – such as the ‘shared future of mankind’ and ‘mutual benefit’ – to argue for a pluralist (i.e. global, regional and bilateral) approach to Arctic governance. 

China is sensitive to the risks of overreaching when it comes to states with territorial claims in the Arctic, especially as resource competition hots up. The white paper positions China as a responsible and peaceful power, whose participation in Arctic affairs is based on ‘respect, cooperation, win-win result and sustainability’.

China was admitted as an observer to the Arctic Council in 2013, along with four other Asian states (including Japan, which is taking an equally keen interest in opportunities for Arctic rule-making) and Italy. As an observer state, China has very limited rights in the council, but has been creatively using other routes to influence Arctic governance, including active engagement within the International Maritime Organization (IMO) and the International Seabed Commission. 

China participated in the formation of the IMO’s Polar Code of January 2017, which sets out rules for ships operating in polar waters. China was also one of ten states involved in the recent adoption of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean, which took place outside the umbrella of the Arctic Council. 

At a recent roundtable in Beijing co-hosted by Chatham House, Chinese experts noted China’s aspirations to develop the international rule of law in the Arctic through playing an active role in developing new rules in areas currently under (or un-) regulated, for example, through a treaty to strengthen environmental protection in the region. It was also suggested that China may also seek to clarify the meaning of existing rules through its own practice. 

China also has ambitions to contribute to the research of the Arctic Council’s Working Groups, which develop proposals for Arctic Council projects and rules. It remains to be seen to what extent Arctic states, protective of theirown national interests in an increasingly fertile area, will cede space for China to participate.

China’s push to be a rule shaper in the Arctic fits into a wider pattern of China seeking a more influential role in matters of global governance. This trend is particularly apparent in areas where the rules are still emerging and thus where China feels more confident than in areas traditionally dominated by Western powers.

A similar assertiveness by China is increasingly visible in other emerging areas of international law, such as the international legal framework applicable to cyber operations and international dispute settlement mechanisms relating to trade and investment.

China’s approach to Arctic governance offers an interesting litmus test as to how far China intends to deploy international law to assert itself on governance issues with significant global economic, environmental, and security implications – along with the degree to which it will be perceived as acting in the common interest in doing so.

The specific objectives were to:

• create a platform for Chinese international law academics working on international human rights law issues to present their thinking and exchange ideas with counterparts from outside China;
• build stronger understanding within the wider international law community of intellectual debates taking place in China about the international human rights system and China's role within it;
• support networking between Chinese and non-Chinese academics working on international human rights and related areas of international law.

The roundtable forms part of a wider Chatham House project exploring China's impact on the international human rights system and was inspired by early discussions with a burgeoning community of Chinese academics thinking, writing (mainly in Chinese) and teaching about international human rights law.

For China University of Political Science and Law, one of the largest and most prestigious law schools in China and perhaps the only university in the world with an entire faculty of international law, the initiative is part of a drive to forge partnerships beyond China in the international law field.

The roundtable had a total of 22 participants, 10 Chinese (from universities and other academic institutions in Beijing and Shanghai) and 12 non-Chinese (from Australia, Germany, the Netherlands, Switzerland, the United Kingdom and the United States).

All discussions were held in English under the Chatham House Rule.

The specific objectives were to:

• create a platform for Chinese international law academics working on international human rights law issues to present their thinking and exchange ideas with counterparts from outside China;
• build stronger understanding within the wider international law community of intellectual debates taking place in China about the international human rights system and China's role within it;
• support networking between Chinese and non-Chinese academics working on international human rights and related areas of international law.

The roundtable forms part of a wider Chatham House project exploring China's impact on the international human rights system and was inspired by early discussions with a burgeoning community of Chinese academics thinking, writing (mainly in Chinese) and teaching about international human rights law.

For CUPL, one of the largest and most prestigious law schools in China and perhaps the only university in the world with an entire faculty of international law, the initiative is part of a drive to forge partnerships beyond China in the international law field.

The meeting in Beijing was hosted by CUPL and involved 20 participants, 10 Chinese (from universities and other academic institutions in Beijing) and 10 non-Chinese (from Australia, the Netherlands, South Africa, Switzerland, the United Kingdom and the United States).

To ensure continuity while also expanding the experts network being built, the second meeting included a mix of participants from the first meeting and some new participants.

All discussions were held in English under the Chatham House Rule.

The specific objectives were to:

• create a platform for Chinese international law academics working on international human rights law issues to present their thinking and exchange ideas with counterparts from outside China;
• build stronger understanding within the wider international law community of intellectual debates taking place in China about the international human rights system and China's role within it;
• support networking between Chinese and non-Chinese academics working on international human rights and related areas of international law.

The roundtable forms part of a wider Chatham House project exploring China's impact on the international human rights system and was inspired by early discussions with a burgeoning community of Chinese academics thinking, writing (mainly in Chinese) and teaching about international human rights law.

For CUPL, one of the largest and most prestigious law schools in China and perhaps the only university in the world with an entire faculty of international law, the initiative is part of a drive to forge partnerships beyond China in the international law field.

The meeting in Geneva was co-hosted by the Graduate Institute Geneva and involved 19 participants, 9 Chinese (from six research institutions in Beijing and Shanghai) and 11 non-Chinese (from eight research institutions in Australia, Germany, the Netherlands, Switzerland, the United Kingdom and the United States).

To ensure continuity while also expanding the expert network being built, the third meeting included a mix of participants from the first two meetings and some new participants

All discussions were held in English under the Chatham House Rule.