Director, Institute of Air and Space Law, McGill University 5th Manfred Lachs International Conference Global Space Governance and the UN 2030 Agenda Montreal 5-6 May 2017 Promoting Peace from Above? Utilising Space for the Prevention and Prosecution of Human Rights Violations Steven Freeland Professor of International Law, Western Sydney University s.freeland@westernsydney.edu.au & Ram Jakhu Director, Institute of Air and Space Law, McGill University ram.jakhu@mcgill.ca

International Criminal Law Accountability for ‘international crimes’ that ‘deeply shock the conscience of humanity’ (Largely) directed towards accountability for individuals Enforced through established mechanisms of international criminal justice Professor Steven Freeland Professor Ram Jakhu

Contemporary Mechanisms of International Criminal Justice International Military Tribunals Nuremberg / Tokyo ‘Success’ (Nuremberg Principles) … followed by long period of impunity … until Ad Hoc Tribunals established by United Nations Security Council ICTY / ICTR => (MICT) Lebanon ‘Hybrid’ / ‘Internationalized’ Courts established by Agreement between the UN and the relevant country Sierra Leone / Cambodia / East Timor Permanent Court established by Treaty International Criminal Court Professor Steven Freeland Professor Ram Jakhu

Relationship between International Criminal Justice and the SDGs For 2030 Agenda: areas of critical importance for humanity: people, planet, prosperity, peace and partnership (A/AC.105/1115 of 28 April 2016) SDG 16: ‘Promote peaceful and inclusive societies … provide access to justice for all and build effective, accountable and inclusive institutions …’ Also relevant: SDGs 1 (end poverty), 3 (healthy lives/well-being), 5 (gender equality), 10 (reduce inequality), 11 (safe cities) etc Earth observation satellites can help in gathering evidence of international crimes, especially areas where access may otherwise be difficult (or impossible). Professor Steven Freeland Professor Ram Jakhu

Professor Steven Freeland Use of Satellite Imagery as Evidence before the Mechanisms of International Criminal Justice Increasingly common – first used in Srebrenica trials Useful to indicate widespread and systematic character of acts Important as evidence but not to prove a specific fact / crime Challenges remain Probative value? Interpretation / in house capacity and expertise Cost – typically available from commercial operators (though some NGOs / not for profits etc) Availability – particularly at a critical time point – time lag Forensic standards / methodologies for use / detection / integration with other evidence Educating the Judges about process etc Risk of contamination Professor Steven Freeland Professor Ram Jakhu

Professor Steven Freeland Professor Ram Jakhu

Professor Steven Freeland Professor Ram Jakhu

Professor Steven Freeland Professor Ram Jakhu

Professor Steven Freeland Professor Ram Jakhu

Satellite data for monitoring war crimes and genocide http://hhi Satellite Sentinel Project combines satellite imagery, on-the-ground field reporting, and crisis mapping systems into a unified monitoring platform to detect, deter, and document threats to vulnerable populations ‘Advancing humanitarian data and evaluation science and ensuring that new technologies make their way to the front lines of serving communities at risk by supporting evidence-based strategies to effective humanitarian response’