Very good evening, welcome to everyone here in the lecture hall and in the Zoom room.
I'm very happy that we have a lecture again in hybrid format. We can meet part of some of us,
many of us can meet in this lecture hall room but there are also many of us joining us through Zoom.
It's my extreme pleasure and privilege to welcome Dr. Mirjam Sage-Maas once again, I should say,
to FAU because Mirjam has been at this university before for conferences and also for summer schools
and we have been working with Mirjam and ECHR together with a number of publication projects.
Mirjam Sage-Maas is legal director at the European Center for Constitutional and Human Rights and
she's also the program leader on business and human rights in that organization. She's been
very instrumental in a number of high-profile litigation cases in Germany, most notably the
so-called KICK case, a case which has already been discussed in this lecture by various presenters
and obviously Mirjam will tell us about her practice, reflecting on the practice. Mirjam is
a lawyer, she holds a PhD from the University of Frankfurt. She also lectures at the Freie
Universität Berlin. She would lecture at our university if she would have never learned that
but we share her expertise with the Freie Universität Berlin. Mirjam, you have the floor.
Thank you for the invitation. It's very nice. It's also very nice to do this hybrid, to see a couple
of Vian faces. I've been asked to talk about civil litigation in the field of business and human rights
and I think I'll do my best to combine or explain the connection between civil litigation and
human rights and businesses, which is I think at least from a legal perspective not at all
super, not a clear no-brainer. Probably a brief introduction of what ECHR is. So we are
a non-profit organization. We are primarily dedicated to using legal procedures to enforce
human rights and civil rights and our goal is to help persons whose rights have been violated,
who've been negatively affected by, in particular, powerful actors to help them find access in
European and in particular in German courts. We're not only working on cases of human rights,
but we are also working on cases where we are helping survivors and witnesses to access
universal jurisdiction cases. Probably you've been reading in the news about the most recent
judgments in Koblenz on Syria, where quite a high-ranking Syrian official has been sentenced
under the International Criminal Code of the United States of America. And we're also working
on the International Criminal Code of Germany. We've been representing and accompanying witnesses
and passing civil claimants in that criminal procedure, but we're also challenging pushbacks
at the EU borders with several cases before the European Court of Human Rights on this practice of
pushbacks. So when we talk about business and human rights, I think it's important,
or the way I've approached this, and I think me as an organization, I think it's important to think
about what are typical cases or case scenarios in which a lawyer would think about, well,
has there been a business enterprise, a company engaged in a human rights violation? And roughly,
we've been trying to organize our work when we've analyzed into three areas. I still believe that
they do make sense. Obviously, it's always a bit, yeah, making categories is always a tricky
enterprise, but anyways, I think they still make sense. So one is the involvement of companies in
conflict regions and cooperation with repressive regimes. So historically, this is, I would also
say, the most classic field of business and human rights. If you take the Nuremberg trials as sort
of the birthplace of individual responsibility for worst of individuals, not of states, for worst
human rights violations, then that is the Nuremberg trials. And in the Nuremberg trials, it was
already clear for the prosecutors that if you want to really not only look at the government
officials and military officials that have been directly responsible for the commission of war
crimes and other atrocities of the Nazi regime, but if you look more broadly into other societal
actors, you do need to look into the role of what back then was called the industrialists.
And you have then therefore the follow-up trials against Krupp, against IG Farum, managers and
owners. And yeah, I'm losing the third name. So I think that idea and that practice got lost
and was dormant for a number of years. But then the most sort of, you have some of the most
emblematic cases that people still remember is the execution, the extra legal execution of
Ken Samo-Riba, a Nigerian environmental activist who's been executed by the Nigerian military
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00:48:37 Min
Aufnahmedatum
2022-01-25
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2022-01-26 23:56:04
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Dr. Miriam Saage-Maaß explains the benefits and challenges of civil ligitation adressing corporate violations of human rights. She draws on the rich practice of the European Centre for Constitutional and Human Rights (ECCHR) in this area and also shares personal reflections.