Speech at the opening ceremony for the Human Rights Hub of the FNF

Anfang

I am delighted to be speaking here in this important setting, on this important occasion: the opening of the Human Rights Hub of the Friedrich Naumann Foundation for Freedom in Geneva.

I think everyone here would agree with me when I say: it’s wonderful that this hub now exists but it’s terrible that it has to exist.

It has to exist because human rights are increasingly coming under pressure – being questioned, ignored and violated. While this is a global development, one of the worst examples is currently happening right here in Europe. In Ukraine, Putin’s troops are committing human rights atrocities – murder, rape, torture, abductions – on a daily basis. We all know the reports. But somehow we can’t believe that this is taking place – once again – here in Europe.

It’s worth considering some geographical facts: From Geneva [Aussprache: Dscheniwa] to Butscha is around 1800 kilometres. It’s just 1000 kilometres from Geneva to Srebrenica.
The Yugoslav wars ended in 2001. So in less than a quarter of a century, human rights in Europe are once again being trampled underfoot by the boots of war. Perhaps we are not the continent of peace that we hoped we had finally become.

It’s also worth considering some historical facts: Mladić, Karadžić, Milošević – they all ended up in the dock. Which is exactly where those responsible for the crimes in Ukraine are going to land when we get hold of them. Of that I have no doubt.

What has Putin achieved with his war? He has united Europe, he has united the free world against his war.
In the face of this attack, we stand together for everything that is important to us – for freedom and justice, for liberal democracy, for living life as we choose.

In Europe and internationally, we are now working together in unprecedented ways to ensure that those responsible for the worst human rights violations and crimes against international law are held to account.
Investigations are under way at every level.

There is an old saying: Inter arma silent leges – In times of war, the law falls silent. But that is no longer applicable. It must now be: In times of war, the law will not be silenced!

International criminal law is based on a powerful promise: that crimes against international law must never go unpunished. It is our responsibility, ladies and gentlemen, to make sure this promise is kept!

So when, at the beginning of June, the Bundestag passed our draft legislation on the further development of international criminal law, it was an important milestone. This legislation strengthens the rights of victims of international crimes, promotes an understanding of German court cases under the Code of Crimes against International Law, and closes gaps in criminal liability in the German legal system.
For example, the offence of enforced disappearance is now explicitly included in the German Criminal Code.

Media attention is currently centred on the war against Ukraine. Understandably so. But victims should not have to worry – nor should perpetrators be allowed to hope – that the law will lose interest in other conflicts as a result.

Just last week, Germany’s Federal Public Prosecutor General had five suspects arrested who were involved in the violent suppression of a peaceful demonstration against the Syrian government. They are accused of mistreating and killing people in Syria. In Germany, they are now facing charges of crimes against humanity and war crimes. One reason why these arrests were even possible is because we worked very closely with our Swedish partners. This underlines the practical significance of international cooperation in the prosecution of such crimes.

On this note, I would like to briefly mention an important step that was taken last year and which has perhaps yet to receive the attention it deserves.

For over ten years, a group of states had been striving to draw up a convention on international cooperation in the prosecution of genocide, crimes against humanity, war crimes and other international crimes.

Then – with the diplomatic conference held in Ljubljana, Slovenia last May – we took a major step forward. This sends a strong signal whose significance, in times such as these, cannot be overestimated.
The ‘Ljubljana – The Hague Convention’ was adopted by 53 states at the conference and has so far been signed by 34 states – including Germany. The Convention is independent of the Rome Statute of the International Criminal Court. In particular, it provides a framework for horizontal intergovernmental cooperation in prosecuting the aforementioned crimes. Under the conditions of the ‘Ljubljana – The Hague Convention’, persons suspected of having committed such crimes will now be subject to the criminal law of the Contracting States. The Convention also obliges the Contracting States to ensure that the specified offences are criminalised under their own domestic law.
The Contracting States furthermore undertake to provide each other with evidence or information and to extradite suspects.

The ‘Ljubljana – The Hague Convention’ provides a major new opportunity to take decisive joint action against the worst crimes known to the international community.

Human rights violations are not, of course, confined to war zones. They occur all over the world, including in the countries of the European Union. The European Court of Human Rights was not established as a merely symbolic institution.
All Member States of the Council of Europe have signed the European Convention on Human Rights and have recognised the Court.

And the Court regularly hands down judgments against the signatory states – including Germany – and it regularly restores the rights of citizens.

This – ladies and gentlemen – is one of the principles that make our democracies liberal democracies: we understand that all state power must be kept in check – even if that power is democratically legitimised.

Because even the democratically legitimised state has to respect the inalienable rights of the individual.

To ensure that individual rights really do keep the state in check, it is best if these rights can be asserted in court. This is the path taken by the Basic Law – Germany’s Constitution. And this is the path that the European Court of Human Rights offers to all citizens in the Member States.

This is the critical difference between human rights violations in authoritarian states and in liberal democracies: in the former, human rights violations are part of the system, whereas in the latter they are failings of the system; in the former, the state deliberately violates human rights whereas in the latter, the state is prohibited from doing so.

The European Convention on Human Rights was inspired by the Universal Declaration of Human Rights, which celebrated its 75th anniversary last year.

Even though the Universal Declaration of Human Rights is not legally binding, it has a strong ethical and political impact.

This impact stems from its universality. People have often tried to relativise its principles. You often hear the accusation that the underlying aim is to impose a westernised view on the whole world. And yet the key human rights treaties have been signed by states representing all cultures and religions.
And no victim of human rights violations has ever been known to justify such violations by citing their own culture or religion.

Human rights don’t protect western culture: they protect fundamental human needs – regardless of culture, religion or state organisation.

Anyone who doubts the universality of human rights is looking for justification to violate human rights.
Nonetheless, even authoritarian regimes don’t usually want to officially violate human rights. Nor do they want to officially violate international law.
Because the law – by requiring that justification be provided for certain actions – sets constraints that even notorious lawbreakers cannot disregard.

Human rights protect people. They protect the individual. At the same time, it is individuals who stand up and fight for these rights.
In his book Human Rights. An Appeal, former German Interior Minister Gerhart Baum made the following observation: ‘Over the last few decades, there has been a growing realisation that the protection of human rights depends on individuals resisting arbitrariness, exploitation, poverty and breaches of their civil rights.’

It takes individuals. And in most cases, it takes individuals with courage. Because without courage, it wouldn’t have been possible to defend Alexander Navalny in court in Russia. Without courage, you can’t fight corruption or help safeguard the rule of law in Zimbabwe. Without courage, you can’t stand up to those who despise human rights.

But even the courageous need help, need fellow campaigners, need attention. This hub will support them in finding that help, winning over fellow campaigners and generating attention. We therefore wish this organisation – and everyone associated with it – the very greatest of success.

Thank you!