The IBA’s Human Rights Institute marks 30 years of defending the rule of law
Three decades on from its foundation, the work of the IBA’s Human Rights Institute is more essential than ever amid a changing global landscape and the rise of authoritarianism.
This year marks the 30th anniversary of the International Bar Association’s Human Rights Institute (IBAHRI). Founded in 1995 under the honorary presidency of Nelson Mandela, the IBAHRI has spent three decades promoting and protecting human rights and the rule of law globally.
‘Human rights is a very important ingredient in the rule of law,’ says Hans Corell, ex officio of the IBAHRI Council and former Legal Counsel of the United Nations. ‘Regrettably, the respect for the rule of law in the world has receded in recent years. The World Justice Project publishes a yearly index on the rule of law, and in 2024 evaluated 142 countries and jurisdictions. For the seventh year in a row, the rule of law has declined in most. This has definitely influenced the development of the IBAHRI.’
The work of the IBAHRI concerns threats to law, policy, institutions and practice that challenge human rights and the rule of law and puts forward corresponding recommendations for legal and policy reform at national, regional and international levels. The IBAHRI’s range of activities includes advocacy and awareness raising, capacity building, technical assistance, fact-finding and trial observations. None of the IBAHRI’s work would be possible without the tireless efforts of its dedicated staff members.
Richard Goldstone, Honorary President of the IBAHRI Council, says: ‘I have been impressed with the manner in which the IBAHRI has consistently remained at the forefront of issues relating to international criminal law. Its support for the ICC and other international criminal tribunals has been striking. At the same time, it has been objective and has not hesitated to criticise developments that might have been inconsistent with the rule of law, ethical behaviour and the respect for human rights.’
The work of the IBAHRI is developed and implemented based on five thematic pillars: Independence and Protection of the Legal Profession; Human Rights in the Administration of Justice; Freedom of Expression; Freedom of Assembly and Association; and Justice and Accountability for International Crimes. The work of the IBAHRI is informed by world events and the ever-shifting global political landscape that has seen many changes since the IBAHRI’s conception in 1995.
The key milestones and significant achievements from the IBAHRI’s first 20 years are covered in ‘Twenty years of the IBA’s Human Rights Institute’. Areas of focus from those years include lawyers’ rights in Myanmar and global threats to rule of law following the 9/11 terrorist attacks.
In 2020, the IBAHRI released a short film on Human Rights Day to commemorate its 25th anniversary. It says ‘the need now is for us to reassert the centrality of law and a respect for human rights’ and reflects on the nascent hope towards the end of the 20th century and the start of the new millennium for a more just world. It then looks at the reality of today and the swift diminishing of that hope, brought about by reduced freedoms around the world and a creeping resurgence of authoritarianism.
Afghanistan evacuation and gender apartheid
The IBAHRI’s work over the past ten years has involved supporting at-risk judges and lawyers. In Afghanistan, this resulted in direct intervention when the Taliban took over in September of 2021. The IBAHRI coordinated the evacuation of 114 people from Afghanistan including 26 female judges, MPs, lawyers and human rights defenders. Two further flights relocating 77 female judges, lawyers and journalists departed and landed in Athens on 24 October 2021. In total, close to 500 people were evacuated.
The IBAHRI worked with UK-based refugee charity Breaking Barriers to find employment opportunities for those evacuated to the UK. The IBAHRI supported the work of Trauma Treatment International, who coordinated mental health services for all the women evacuated in London and abroad.
The Taliban takeover involved the systematic segregation of women from society. In response, in January 2024, the IBAHRI hosted an inquiry into gender apartheid in Afghanistan working with the Committee for the Elimination of Discrimination Against Women and experts on gender apartheid. The report was launched on 4 March 2024.
‘The initiative on gender apartheid is another important example of the work of the IBAHRI,’ adds Anne Ramberg, past Co-Chair of the IBAHRI. ‘The work of the IBAHRI is of huge importance in the fight for upholding rule of law and protecting human rights all around the world. We are at the forefront protecting lawyers and vulnerable groups that suffer from atrocities.’
The IBAHRI’s work has also focused on Iran. In response to the turmoil that followed the death of Mahsa Amini on 16 September 2022, the IBAHRI issued several statements to condemn the violent crackdown of protests, the extrajudicial killings, the enforced disappearances of protestors and the ongoing culture of impunity for such abuses. Amini was a 22-year-old Kurdish woman who was stopped and arrested by Iran’s Gasht-e Ershad (guidance patrol, widely referred to as the ‘morality police’) on a visit to Tehran for allegedly not complying with the country’s compulsory veiling laws. Three days later she died in police custody.
In March 2023 during the 2023 Lexis Nexis Legal Awards the IBAHRI evacuation team received the accolade of ‘Highly Commend’ for their work on Afghanistan. (L-R) IBAHRI Project Manager Emily Foale, IBAHRI Director Baroness Helena Kennedy LT KC, IBAHRI Programme Lawyer Ewelina Ochab.
The initiative on gender apartheid is another important example of the work of IBAHRI
Anne Ramberg
Past Co-Chair of the IBAHRI
In a statement, IBAHRI Co-Chair Mark Stephens CBE said that ‘the IBAHRI strongly condemns the ongoing, systematic use of the death penalty in Iran and repeats its call to the Iranian authorities to introduce a moratorium on executions and to ratify the Second Optional Protocol to the ICCPR without delay.’
The IBAHRI's UN programme
In 2015, the IBAHRI established a permanent presence in Geneva with the placement of a full-time legal specialist to work on strengthening the involvement of legal professionals in UN human rights mechanisms.
Since then, the IBAHRI has been engaged on several fronts at the UN level to highlight attacks on lawyers in Iran, with a particular focus on women lawyers. The IBAHRI has hosted Iranian lawyers for training and study visits on UN Human Rights Mechanisms and Strategic partnerships for lawyers in Geneva to enhance engagement of legal professionals with the UN Human Rights Mechanisms.
‘The IBAHRI is a leading force in promoting and protecting human rights worldwide,’ says Mark Stephens CBE, IBAHRI Co-Chair, who took up the role in 2022. ‘Through its work at the UN, in Parliament, and within individual countries, the IBAHRI provides a vital platform for improving human rights conditions globally. By combining legal expertise and advocacy, the IBAHRI responds effectively to current events in order to hold governments accountable for violations and put pressure on governments to secure meaningful change in order to preserve human rights.’
Through the UN programme, the IBAHRI works closely with thematic and country-specific UN Special Rapporteurs and Independent Experts, in particular with the UN Special Rapporteurs on the Independence of Judges and Lawyers, on Human Rights Defenders, on Freedom of Opinion and Expression, on Counter Terrorism, and on Belarus, Russia, and Iran, among others. The IBAHRI works closely with Working Groups on Arbitrary Detention, Enforced Disappearances and Discrimination Against Women.
The IBAHRI collaborated with the UN Special Rapporteur on Peaceful Assembly and contributed to the UN Guidelines for Lawyers on engagement in Peaceful Assembly, as well as in the Report of the Special Rapporteur on Peaceful Assembly and Access to Justice.
Russia-Ukraine
The Russian invasion of Ukraine in February 2022 prompted the IBAHRI to work with the whole IBA and international community on a response. IBAHRI Director Baroness Kennedy LT KC was among the co-signers of a letter urging the ICC Prosecutor to proceed with investigations into the situation in Ukraine. The IBAHRI participated in the urgent debate on the human rights situation in Ukraine following the military invasion of Russia, and delivered an oral statement calling for the establishment of a commission of inquiry mandated to initiate prompt, independent and impartial investigation into any violations. The IBAHRI has also contributed to the negotiations of the Human Rights Council Resolution that then established an independent international commission of inquiry.
In March 2022, Baroness Kennedy was appointed as member of a Legal Task Force on Accountability for Crimes Committed in Ukraine, established by the Government of Ukraine. The task force is comprised of some of the world’s leading international human rights lawyers, and its remit is to support Ukraine in delivering justice for victims of international crimes committed by Russia in Ukraine.
Baroness Kennedy and Ukraine’s President Volodymyr Zelensky during the launch of the International Coalition of Countries for the Return of Ukrainian Children in Kyiv, 2024.
In December 2023, Baroness Kennedy and IBAHRI Programme Lawyer Eleonora Scala travelled to Kyiv, Ukraine, to attend a round of meetings as part of the work under the Bring Kids Back initiative. During the mission, they met with several stakeholders to discuss the situation of displaced children, the Ukrainian system for social care, the challenges related to it, and avenues for the creation of a legal mechanism for the return of unlawfully deported children.
Both Kennedy and Scala have continued to support the development of mechanisms to help return Ukrainian children. In January 2023, both attended a meeting to moderate the discussion among high-level diplomats and renewed experts in children’s rights on avenues for the return of abducted Ukrainian children.
In February 2024, Scala drafted a confidential report, for Task Force use, on the situation of Ukrainian children forcibly transferred and deported to the Russian Federation and the possible structure and legal grounding for a human rights-based mechanism for their repatriation and family reunification.
Torture prevention
In 2015, in partnership with Mexican federal justice institutions, the Office of the High Commissioner for Human Rights (OHCHR) and top UN experts, the IBAHRI implemented the first stage of its ongoing capacity-building programme. Over 200 participants attended two-day training sessions in Mexico City, Estado de México, Tamaulipas and Oaxaca states, which were delivered by members of the UN Human Rights Committee. In conjunction with the OHCHR, the IBAHRI also co-produced publications on torture, enforced disappearances and reparations, all with a particular focus on gender.
Between September 2016 and March 2017, the IBAHRI carried out several successful activities seeking to establish a collaborative network of national and international stakeholders specialising in torture prevention in Mexico and Brazil, with support from the Foreign & Commonwealth Office, Australian Aid and the IBAHRI Trust.
Throughout 2018, the IBAHRI focused on its commitment to eradicate torture in Brazil. One project saw the IBAHRI work with the National Preventative Mechanism and members of the State Preventative Mechanism in Brazil to expand its advocacy efforts on the issue to other countries in Latin America. This project included high-level meetings with state institutions, training-of-trainers seminars and the development of a programme focused on the Istanbul Protocol.
Training on the Istanbul Protocol was delivered in Rio de Janeiro in May 2018 to professionals from the states of Bahia, Distrito Federal, Espírito Santo, Maranhão, Mato Grosso do Sul, Minas Gerais, Rio de Janeiro and São Paulo.
The IBAHRI and the Anti-Torture Initiative also offered a specialised joint training programme on the Istanbul Protocol in 2018. This was targeted at the legal and medical professions.
In 2021, the IBAHRI submitted an input for the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’s report on accountability for torture and ill-treatment, to be presented at the 76th session of the UN General Assembly in October that same year. The input considers legal and practical challenges relating to national criminal justice systems that are conducive to the accountability gap, including amnesties and statutes of limitation, military jurisdiction over gross human rights violations and investigative, prosecutorial and judicial passivity, acquiescence and/or complicity.
High Level Panel of Legal Experts on Media Freedom
The IBAHRI serves as the Secretariat to the High Level Panel of Legal Experts on Media Freedom, an independent advisory body for the Media Freedom Coalition. This Panel consists of top international lawyers who offer legal advice to support and protect a vibrant, free and independent media. The Panel is chaired by Baroness Helena Kennedy LT KC, with Can Yeginsu and Catherine Amirfar as Deputy Chairs.
The High Level Panel was established in July 2019 at the request of the Coalition’s inaugural Co-Chairs, Canada and the United Kingdom, and is composed of leading experts in the field of international law. The IBAHRI provides the High Level Panel with operational, technical and legal assistance.
At a time when journalists around the globe are under attack, the support of the International Bar Association’s Human Rights Institute was indispensable
Amal Clooney
Barrister at Doughty Street Chambers
In 2020, the Panel released four advisory enforcement reports focussed on improving the international mechanisms that enforce human rights norms, and recommended best practice and initiatives to ensure that more robust international mechanisms are in place when a journalist is arbitrarily targeted or attacked. The recommendations from the four advisory reports request action from states, including state members of the Media Freedom Coalition, to ensure the safety of journalists.
Amal Clooney, a barrister at Doughty Street Chambers, was one of the founding members of the High Level Panel. ‘As Deputy Chair of the High Level Panel of Legal Experts on Media Freedom, I had the privilege of contributing to a cause that is central to the defence of human rights: the protection of a free press,’ she says. ‘At a time when journalists around the globe are under attack, the support of the International Bar Association’s Human Rights Institute – led by the formidable Baroness Helena Kennedy KC LT – was indispensable. Their outstanding legal, technical and operational support helped shape our recommendations and they engaged with governments and civil society to amplify our reach and impact.’
Members of the High Level Panel of Legal Experts on Media Freedom.
The 2020 report, Advice on Promoting More Effective Investigations into Abuses Against Journalists, included the recommendation to establish an international investigative task force to help address the critical problem of impunity for crimes against journalists and in November 2023, the Government of the Netherlands announced it had commissioned a study to assess the feasibility of establishing such a task force.
In a statement, members of the High Level Panel noted that ‘time is of the essence, and we are confident that the Media Freedom Coalition will take steps to progress the recommendations made in the research study in the near future, including by adopting the recommended regional framework.’
The Yazidi genocide
Baroness Kennedy became Chair of the UK All-Party Parliamentary Group on the Yazidis in 2022. The group works on the recognition of the atrocities as genocide, on justice and accountability, and provides support for the affected communities. The IBAHRI also worked with other parliamentary groups to raise awareness on freedom of religion or belief, on Pakistani minorities and on genocide.
In 2024, IBAHRI lawyers presented the IBAHRI’s work on justice and accountability for the Yazidi genocide including following the fact-finding trip to Iraq in February 2023, in collaboration with City Law School. The trip resulted in an in-depth report into legal avenues to justice taken to date and steps yet to be taken. The report, based on desk research, interviews with survivors and civil society organisations was presented at the UN in March 2023 and in the UK Parliament in April 2023.
In July 2024, IBAHRI hosted two parliamentary events to mark the tenth anniversary of the Yazidi genocide. This was an awareness-raising opportunity and a chance to get new Parliamentarians to engage with the All-Party Parliamentary Group on the Yazidis.
The IBAHRI’s future
In January 2025, lawyer and pro-democracy campaigner Hina Jilani was announced as the new Co-Chair of the IBAHRI Council, succeeding Anne Ramberg. ‘Although I only became the Co-Chair of the IBAHRI at the beginning of this year, it has been an incredible honour to work alongside an array of such outstanding lawyers at this Institute. While my time with the IBAHRI has been relatively short, I have quickly come to appreciate how vital its work is to the protection and promotion of human rights around the world,’ Jilani says. ‘The diligent, persistent and unwavering efforts of its lawyers ensure constant pressure on governments where needed, in pursuit of the ultimate goal: advancing human rights and safeguarding the independence of the legal profession worldwide.’
It has been an incredible honour to work alongside an array of such outstanding lawyers at this Institute
Hina Jilani
Co-Chair of the IBAHRI
Jilani has dedicated her career to the protection and promotion of human rights, particularly those of women, children, minorities and prisoners – including those jailed for political reasons. She has conducted many landmark cases setting new standards for human rights in Pakistan.
As to the future focus of the IBAHRI, Hans Corell says ‘A continuing challenge faced by the IBAHRI is the present decline in respect for human rights and the rule of law, even in Western countries. There are even direct attacks on lawyers who are performing a very important role in their states. A very serious example is the attack by the present US administration as described by the president of the American Bar Association in his letter of 3 March 2025 to its members: The ABA rejects efforts to undermine the courts and the legal profession.’
Richard Goldstone adds: ‘The work of the IBAHRI will continue to be important in the years ahead. There is a current movement towards populism and the denial of fundamental human rights even in some democratic states. That can only encourage autocratic leaders to similarly deny their people of such rights. This is challenge that I have no doubt will be met by the IBAHRI with its usual vigour and determination.’