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Derrière les murs du Palais de la Paix : permanence et changements de la Cour internationale de Justice

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S.E. M. Philippe Couvreur est arrivé à La Haye en avril 1982, où il a d’abord occupé le poste d’assistant spécial aux bureaux du greffier et du greffier adjoint de la Cour internationale de Justice.

Il a ensuite exercé les fonctions de Secrétaire, Premier Secrétaire et Secrétaire juridique principal, avant d’être élu Greffier de la Cour en 2000, et réélu en 2007 et 2014. Pour marquer l’anniversaire de ses débuts à la Cour, il y a 35 ans, Diplomat Magazine l’a invité à témoigner de son expérience unique au service de cette institution, des évolutions qu’il a pu y observer, et à partager le regard qu’il porte sur les changements qui ont marqué la Cour et La Haye au cours des trois dernières décennies.
Philippe Couvreur avec le Pape Jean-Paul II prise le 13 mai 1985.
Je suis arrivé à La Haye en avril 1982 — de façon aussi inattendue que j’avais entamé des études de droit treize ans auparavant (mais c’est là une autre histoire…) — pour occuper un poste temporaire à la Cour internationale de Justice. La Cour était alors la seule institution judiciaire internationale existante au plan universel. Son activité, particulièrement faible à la fin des années 1970, ne pouvait en ce temps-là guère laisser présager du succès que rencontrerait la Cour dans les décennies à venir. Mon bienveillant maître de Louvain, le professeur Paul de Visscher, fils du célèbre internationaliste Charles de Visscher, unique juge belge à la Cour, m’avait prédit des jours aussi sereins qu’heureux, écoulés à lire et à écrire des ouvrages dans la solitude des imposants murs de la bibliothèque du Palais de la Paix…
Les mémoires ont été dûment déposés dans l’affaire El Salvador c. Honduras dans la salle Bol le 1 juin 1988, l’affaire du Différend frontalier terrestre, insulaire et maritime.
En rejoignant la Cour, un frais matin d’avril, dont je garde un souvenir très précis, le jeune juriste que j’étais découvrit, non sans étonnement, une organisation de taille très modeste, le Greffe, qui en est l’organe administratif, alors composé de moins d’une quarantaine de fonctionnaires. Le fonctionnement de la Cour reposait entièrement sur cette équipe restreinte de personnel permanent, auquel s’ajoutait, selon que de besoin, un personnel temporaire pour faire face au surcroît de travaux linguistiques et de sténodactylographie lors des sessions (publiques et privées) de la Cour. Je me rappelle avoir été frappé par la personnalité haute en couleur de certains de ces traducteurs indépendants, dont la grande culture littéraire m’émerveillait. Cette structure très économique du Greffe impliquait une grande polyvalence de ses membres, et les Secrétaires de la Cour — ses fonctionnaires supérieurs — étaient appelés, en sus de leurs travaux de recherches juridiques, de préparation des documents de la Cour, et de rédaction de la correspondance diplomatique, à assumer eux-mêmes l’essentiel des tâches linguistiques (traduction et interprétation) et d’information, ainsi que la supervision de nombreuses activités administratives et logistiques.
La Grande salle de Justice, l’affaire Relative au Timor Oriental (Portugal c. Australie) Arrêt du 30 juin 1995.
Il n’était nullement rare qu’un nouveau venu comme moi ait à passer week-ends et nuits blanches au Palais de la Paix à effectuer les travaux les plus divers… allant jusqu’à imprimer et polycopier, sur de vieilles machines à stencils ronéotype, des décisions dont la Cour devait donner la lecture en séance publique le lendemain ! Dès mon arrivée au Greffe, j’ai eu le bonheur et le privilège d’être initié et associé à l’ensemble des fonctions de l’institution sous la patiente supervision de personnalités d’exception, tels que MM. Torres Bernárdez et Pillepich, alors respectivement Greffier et Greffier adjoint. J’en ai retiré le plus grand bénéfice, puisque cette immersion sans préparation dans toutes les facettes de l’activité du Greffe m’a permis d’acquérir de ce dernier une connaissance unique — de l’intérieur — et sous tous ses aspects —, un acquis particulièrement précieux au moment où j’ai été amené, bien des années plus tard, à assumer la délicate responsabilité d’en assurer la gestion au plus haut niveau. Devenir un fonctionnaire du Greffe au début des années 1980 signifiait accepter de se couler sans discussion dans un moule à tous égards exigeant, et se donner corps et âme, avec humilité et discrétion, à l’institution, sans penser à soi ni parler de soi. Depuis ces années d’initiation, j’ai été le témoin de profondes transformations de la Cour, rendues inévitables à la fois pour répondre à l’accroissement considérable de ses activités, avec la disparition du monde bipolaire qui avait relégué le règlement judiciaire à un rôle quelque peu marginal, et pour saisir les opportunités nouvelles offertes, notamment, par le progrès des technologies et de la communication. Entre 1982 et aujourd’hui, le nombre de fonctionnaires a ainsi presque triplé (il a quasiment doublé depuis l’an 2000, année de ma première élection en tant que Greffier). L’organisation du travail a été progressivement spécialisée entre les divers départements, juridique, linguistique et chargé de l’information, qui furent créés en 1997, et les services techniques. Par ailleurs, les Membres de la Cour ne disposèrent pas, pendant longtemps, de « référendaires » — ils s’y sont d’ailleurs longtemps refusés—, et l’assistance apportée aux juges en matière judiciaire était principalement répartie entre les fonctionnaires du Département des affaires juridiques.
H.E. Philippe Couvreur avec la Reine Beatrix photo prise pendant le 50 eme anniversaire de la Cour (18-04-1996).
Les cinq premiers postes de juristes référendaires ne furent obtenus de l’Assemblée générale et créés qu’en 2002, à l’issue de difficiles négociations que je me souviens avoir menées avec beaucoup de plaisir et d’intérêt ; le nombre de ces postes s’est progressivement accru, pour s’élever à quinze aujourd’hui. Les divers développements qui ont marqué le monde au cours des dernières décennies n’ont pas manqué de soulever pour la Cour de nouveaux défis. Comme c’est le cas pour toute institution, elle n’a pu les relever en faisant table rase des enseignements de son histoire ni, à l’inverse, en ne saisissant pas toutes les opportunités offertes par le temps présent. A ces différents égards, la Cour est certainement parvenue, au fil des ans, à assurer un équilibre, toujours délicat, entre changements et continuité. La continuité de la Cour est bien sûr inscrite dans son Statut, qui fait partie intégrante de la Charte des Nations Unies, et reflétée dans ses méthodes judiciaires, qui ont été très largement élaborées par sa devancière, la Cour permanente de Justice internationale, et héritées d’elle. Cette continuité historique était particulièrement présente lorsque j’ai rejoint le Greffe. Ainsi, en manière d’anecdote, divers hauts fonctionnaires alors en poste avaient eux-mêmes côtoyé, au début de leur carrière, d’anciens fonctionnaires de la Cour permanente. Tous nourrissaient à l’égard de cette dernière le plus grand respect. Il régnait d’ailleurs dans les couloirs du Palais de la Paix une atmosphère feutrée et délicieusement surannée, évocatrice de la défunte Société des Nations. Je me souviens en avoir encore utilisé maintes fournitures de bureau ! La continuité jurisprudentielle et procédurale entre les deux Cours constitue pour les Etats une garantie importante de sécurité et de prévisibilité juridiques. Cette continuité, juridique et historique, de même que l’expérience accumulée en plus de quatre-vingt-dix ans d’exercice de la fonction judiciaire, sont pour la Cour un facteur crucial de légitimité.
H.E. Philippe Couvreur vec le Roi Willem-Alexander photo prise pendant le 70 eme anniversaire de la Cour (20-04-2016).
En même temps, la Cour a eu, à l’évidence, à s’adapter aux changements du monde réel dans lequel elle opère, comme aux nécessités et opportunités nouvelles de chaque époque traversée. L’une des transformations notoires auxquelles j’ai assisté fut l’ouverture croissante de la Cour sur l’extérieur : longtemps à l’écart, à dessein, des organes politiques des Nations Unies, la Cour a souhaité se faire plus et mieux entendre de ces organes et des Etats membres. Elle a ainsi rompu avec ce qui était parfois perçu comme un « splendide isolement » au sein des Nations Unies, même si elle défend toujours jalousement son autonomie. La Cour doit en outre désormais également tenir compte des nombreuses autres juridictions, internationales ou régionales, qui ont été créées ces dernières années, et veiller, autant que possible, à assurer l’harmonie du « concert judiciaire » que permet ce foisonnement de cours et tribunaux sur la scène internationale. Davantage ouverte sur la communauté internationale et ses réalités, la Cour s’est montrée de plus en plus attentive, non seulement à sa place dans l’Organisation des Nations Unies, mais aussi à la poursuite des objectifs de celle-ci et à sa mission propre au service du règlement pacifique des différends internationaux. Des différends de plus en plus complexes, tant juridiquement que factuellement, en même temps que politiquement plus denses, lui ont été soumis. En révisant constamment, selon que de besoin, ses méthodes de travail, elle a su les résoudre rapidement et efficacement, à un coût particulièrement modeste pour la communauté internationale, tout en assurant le développement du droit. Enfin, pour conclure sur une note plus prosaïque, mais qui est loin d’être négligeable, je ne peux taire la chance que j’ai eue de connaître l’extraordinaire développement de la ville de La Haye au cours des 35 dernières années. Celle-ci offre aujourd’hui à la Cour, comme aux nombreuses institutions internationales qui s’y sont installées à sa suite, une qualité de vie et un cadre de travail uniques, qui sont très loin de ressembler à ce que j’ai trouvé en y arrivant. A l’image de l’imposante stature du Palais de la Paix où elle siège, symbole mondialement connu de la justice internationale, la Cour est une institution solidement établie. En dépit des périodes de doute ou de désaffection qu’elle a traversées par le passé, son rôle est unanimement salué au sein de la communauté internationale et le recours à ses services par les Etats n’a jamais été aussi soutenu. 35 ans après, je continue de mesurer chaque jour le privilège qui est le mien de servir au mieux de mes capacités l’organe judiciaire principal des Nations Unies. —– Les photos dans l’article sont une courtoisie de la Cour International de Justice.

Is there a possibility of ending the Russo-Ukrainian War before 2025?

As the Russo-Ukrainian war enters its third year, there is considerable anticipation across Europe for its resolution, given the substantial human and material toll on both sides. Many questions loom over Europe regarding this protracted war, which unexpectedly erupted on the continent’s doorstep. Chief among these concerns is how will the war conclude in the next twelve months, and particularly – will Europe continue to support official Kiev. How long can the burdensome financial support to Ukraine be sustained? What impact might the upcoming US presidential elections at the end of the year have, especially if Republican Donald Trump wins? Is there a possibility of ending the war before 2025? Foremost remains the question – how long can Europe effectively insist on its exhaustive financial support to Ukraine?

Since the outset of the conflict, the EU and its member states have provided Ukraine with a combined total of $96 billion in financial, military, and humanitarian aid. On 1 February 2024, European leaders agreed to allocate up to $54 billion to support Ukraine’s recovery, reconstruction, and modernisation initiatives, alongside its efforts to implement reforms crucial for its prospective EU membership by 2027. Consequently, the cumulative financial commitments from the EU exceed $150 billion[2]. Meanwhile, the United Kingdom has pledged over $15 billion to Ukraine since 2022, while the United States has already expended $66 billion, with an additional $60 billion earmarked for future assistance.

The resolution of this conflict remains elusive, and the expenditure of vast sums of money on Ukraine may become politically untenable for Western governments backing the country. Political pressures regarding expenditure are likely to become more pronounced in the lead-up to the upcoming European Parliament (EP) elections in June 2024, along with national parliamentary elections in several countries, including the United Kingdom, a key ally of Ukraine.

EU policy after the European Parliament elections on 6-9 June 2024?

Voters across the European Union’s 27 member states will participate in the European Parliament elections on 6-9 June, electing 720 Members of the European Parliament. Surveys suggest that right-wing extremist parties are poised to make significant advances in these elections.

While legislative voting largely follows party alliances, historically, the European Parliament has been dominated by parties from the broader centre, comprising the European People’s Party (EPP) on the right, the Progressive Alliance of Socialists and Democrats (S&D) on the left, and the liberal Renew Europe—ALDE.

These three groups currently hold 60% of the seats in the European Parliament. However, it is certain that this alliance will lose a substantial number of mandates to the far right, thereby shifting the balance of the new parliament towards the right-wing spectrum.

The composition of the upcoming European Parliament will not only impact the course of the war in Ukraine and relations with Russia but also influence the future of common European defence policy. Additionally, it may affect the issue of EU membership enlargement, making the accession of new member states nearly impossible.

Elections are coming at a time when the EU is poised to consider the possibility of continuing or reducing financial assistance to Kiev. The issue of common European defence will also be a major topic in these elections, especially after Donald Trump confirmed that the United States will protect and defend European states if they are willing to pay the price and increase defence spending.

What worries Kiev the most is the so-called “Ukraine fatigue,” indicating a waning of sympathy and support from the broader public in EU countries. Recent elections in the Netherlands and Slovakia have already resulted in a decline in support, with Slovakia halting a significant aid package for Ukraine, while the Netherlands may not fulfil its long-standing promise to deliver F-16 aircraft.

Poland’s Policy towards Ukraine

Tense negotiations are underway in the EU with Hungary and other member states regarding assistance to Ukraine. Hungary has taken Russia’s side, unlike the rest of the EU, and aims to completely halt aid to Ukraine.

After initially providing significant support and aid to Ukraine at the outset of the conflict with Russia, former Polish Prime Minister Mateusz Morawiecki announced in September 2023 that his country would cease arming Ukraine to prioritize strengthening its own defence forces. This decision coincided with an ongoing dispute between the two countries over the export of Ukrainian grains, leading Ukraine to threaten legal action against Poland with the World Trade Organization (WTO). Poland had extended support to Kiev amounting to nearly three billion euros, including military equipment worth 1.5 billion euros.

The new Polish government, elected in December 2023, has returned to the European course. Poland’s new Prime Minister, Donald Tusk, a seasoned European politician and former President of the European Council (2014-2019), visited Berlin and Paris in February 2024 to bolster cooperation in European foreign policy. Together with Germany and France, the Polish government activated the “Weimar Triangle” formula, further strengthening foreign policy and security cooperation. The “Weimar Triangle” formula, established in 1991, is an alliance among the three countries aimed at collaborating on European matters[3].

The United States presidential elections are set for 5 November 2024

US President Joe Biden is facing difficulties in passing a financial aid package for Ukraine through the American Congress in the election year. Compounding this challenging situation for Ukraine is the potential return of Donald Trump to the White House next year.

Trump has not clearly articulated his policy towards Ukraine, apart from his claim that he could end the war within 24 hours[4]. His anti-NATO rhetoric is well-known, along with his general disdain for European institutions and his surprising admiration for Russian President Vladimir Putin. There is already a growing apprehension in the EU about the potential return of Trump to the helm of the United States. While the exact financial implications of another Trump administration remain uncertain, it is prudent to anticipate the worst-case scenario for Ukraine, where their military is losing ground momentum, and it is expected that Trump will decide to halt billions in aid to Ukraine. This is a concerning prospect for European defence policy, which already believes that Putin is biding his time and trying to outlast the West. The next 12 months are crucial for European allies of Ukraine, as it is evident that Europe’s interest lies in preventing Putin from winning this war.

In the lead-up to the US presidential elections, concerns will inevitably be raised about the implications for European security if the United States is absent. Given that Ukrainian security is directly linked to broader European security, the question of how to support Kiev remains paramount. Europe’s long-term goal is to achieve greater security independence from Washington, which diverges from US transatlantic policy.

Over the next 12 months, Brussels will begin exploring the possibility of using frozen Russian assets to fund Ukraine. While these funds cannot be legally used to purchase weapons, they can be utilized to cover reparations costs. Diplomats fear that setting a precedent for using frozen assets to raise funds for foreign wars could encourage countries like China to follow suit in their confrontations with the West, especially since Beijing passed a new law last year facilitating similar actions involving foreign assets within China.

Even if the US House of Representatives approves an additional $60 billion to support Ukraine, there is little prospect of stopping the Russian offensive or deterring Russia from continuing this war.

Is it just a matter of time before former President Donald Trump returns to the White House? What will he do in a second term, what lessons has he learned, and what mistakes will he avoid repeating? Trump disparages President Biden’s policies, but without presenting alternatives. This includes accusations against the US administration of handing Ukraine over to Russia and his critique of Biden’s decision not to deploy troops there, even though it’s widely understood that Trump will not send troops either.  Trump is unlikely to burden Americans with substantial financial commitments. Instead, he would seek to find a practical solution by accepting necessary concessions from Ukraine and negotiating based on them.

Trump doesn’t share the same beliefs in principles and values as Europeans, such as Ukraine’s freedom and sovereignty and other justifications that don’t align with his priorities or calculations. He will probably engage with Putin to discuss resolving the crisis, which will likely come at the expense of Ukraine, as it lacks crucial leverage that matters to Trump and his opportunistic nature.

The United States is a nation governed by institutions that hold significant sway in decision-making, independent of party interests or individual agendas. These institutions often temper the whims of American presidents and administrations, especially if they perceive a genuine threat to US national security, as demonstrated several times during the presidencies of Barack Obama and Donald Trump. Even when the American administration acts in line with its interests, it is ultimately American decision-making centres that have the final say. Therefore, there is no real fear that a future American president would compromise Ukrainian statehood and integrity.

Is the status quo the ‘Korean scenario’ for halting the conflict in Ukraine?

Despite Russia’s denial of discussions about the “Korean scenario,” it presents a useful solution for Moscow for several reasons. The Russian conflict with Ukraine has been in a state of attrition for months. The “Korean scenario” guarantees Russia the preservation of territory it has occupied in eastern and southern Ukraine, as well as the fortification of its positions along the approximately 1,000 km border line.

The “Korean scenario” or “38th parallel” is typically referred to as the solution reached after the Korean War (1950-1953) along the ceasefire line between North and South Korea, where a demilitarized zone stretches between the two Koreas. However, this scenario did not involve the signing of a peace agreement between the two countries, effectively keeping them at war since 1953.

If this scenario is implemented along the existing battle lines and in future peace negotiations, Ukraine stands to lose approximately 100,000 square kilometres directly. It will be split into two parts, with the first under Russia’s control, encompassing the southern and southeastern regions, including the Crimean Peninsula annexed by Moscow in 2014. The creation of a demilitarized zone several kilometres deep would secure a ceasefire, resulting in a de facto frozen conflict. Deploying peacekeeping forces along the demarcation lines would be necessary to establish this demilitarized zone. Given the current circumstances, the deployment of NATO forces in Ukraine is essential to guarantee Ukraine’s security.

On 26 February 2024, French President Emmanuel Macron stated that he does not rule out the possibility of deploying French ground troops in Ukraine. Following the conclusion of the conference on aid to Ukraine in Paris, Macron added that all options are on the table to prevent Russia from winning the war against Ukraine[5]. However, several NATO members, including the United States, Germany, and the United Kingdom, swiftly rejected this proposal. This development raises questions about whether the French President’s suggestion signals the beginning of efforts to establish demarcation lines akin to the Korean scenario.

Ukraine will not accept any formula for freezing the conflict akin to the “Korean scenario” unless Western support completely ceases. This is not expected to happen anytime soon as Europe still considers Ukraine its first line of defence.

A new Turkish peace initiative was announced on the sidelines of the Antalya Diplomatic Forum on 3 March 2024, following a meeting between the Turkish and Russian Foreign Ministers, Hakan Fidan and Sergei Lavrov. “On the issue of Ukraine, our view is that both sides have reached the limits of what they can get by war. We think that it is time to start a dialogue for a ceasefire,” said Turkish Foreign Minister Fidan. This prompts the question of whether Turkey’s initiative continues the African initiative from July 2023[6] or aligns with Macron’s vision for ending the conflict.

Russia is in favour of freezing the conflict and status quo

Putin’s primary policy guideline in 2024 is maintaining the status quo on the Ukrainian front. Geopolitical and military experts do not anticipate a major offensive from the Kremlin, at least not in the first half of the year. This approach is strongly justified from their perspective. Moscow sees no need to alter the current war demarcation line, as doing so could upset the existing balance of power as the country prepares for important presidential elections. Despite the predictable outcome of these elections, it does not diminish the significance of the event, which practically positions Putin as the nation’s leader and the lifelong master of the Kremlin. This means solidifying the “Putinist” approach in Russia for many years to come, defying previous Western expectations of its collapse.

In the current circumstances, Moscow has positioned itself somewhat advantageously in the “war of attrition.” Consequently, its focus is on widening the rift among Western states amidst growing European discontent. Russia anticipates that several more countries will follow the examples of Slovakia, Hungary, and the Netherlands in toning down their rhetoric towards Moscow.

In the same context, the Russians are aware that Western stockpiles have run low on weapons and ammunition, meaning that the supply costs for Ukraine will escalate in the upcoming phase. This development is prompting some Western nations to favour establishing a joint defence industry with Kiev as an alternative to military arms deliveries and technology manufactured in NATO countries. There is even consideration regarding the potential involvement of Western Balkan states, leveraging their enhanced capacities, in producing much-needed ammunition for Ukraine.

For Russia, the stalemate in the conflict serves as a crucial basis for instigating internal discord within Ukraine, which could intensify as the date for the Ukrainian presidential elections approaches, elections that have been delayed thus far. Ukrainian President Volodymyr Zelensky‘s mandate expires in May 2024. According to the constitution, the election of a new head of state in Ukraine should take place on the last Sunday in March, but due to the war, the electoral process is unlikely to commence.

Experts do not anticipate an expansion of the military conflict before the middle of the year, and any such escalation is likely to be linked to the internal (dis)order in Ukraine. Overall assessments indicate that the final quarter of 2024 will be decisive in determining the fate of the Russo-Ukrainian war.

Analysis Published by the International Institute for Middle East and Balkan Studies (IFIMES) on 18 March 2024.

Footnotes:
[1IFIMES – International Institute for Middle East and Balkan Studies, based in Ljubljana, Slovenia, has a special consultative status with the United Nations Economic and Social Council ECOSOC/UN in New York since 2018, and it is the publisher of the international scientific journal “European Perspectives.”
[2] EU Assistance to Ukraine, link: www.eeas.europa.eu/delegations/united-states-america/eu-assistance-ukraine-us-dollars_en?s=253
Remarks by Executive Vice-President Vestager, link: https://europa.eu/newsroom/ecpc-failover/pdf/speech-24-1327_en.pdf
[3] “The Weimar Triangle” is a regional alliance of France, Germany, and Poland, established in 1991 in the German city of Weimar. The group is aimed at promoting cooperation between the three countries on cross-border and European issues. Available at: www.diplomatie.gouv.fr/en/country-files/poland/the-weimar-triangle/  . 
[4] Trump to CNN’s Kaitlan Collins, “If I’m president, I will have that war settled in one day, 24 hours.” Available at: https://edition.cnn.com/2024/01/20/europe/zelensky-trump-end-russia-ukraine-war-intl-hnk/index.html .
[5] Macron not finding support to send NATO soldiers to Ukraine against Russia. Available at: www.eunews.it/en/2024/02/27/macron-nato-soldiers-ukraine-russia/
[6] An African Peace Initiative in the Russia-Ukraine War. Available at: link: https://blog.prif.org/2023/07/21/an-african-peace-initiative-in-the-russia-ukraine-war/

Ambassadors Visit International Greenhouse Horticulture Cluster Westland

By Roy Lie Atjam

The municipality of Westland and Diplomat Magazine extended an invitation to Ambassadors accredited in the Netherlands  to visit the International Greenhouse Horticulture Cluster of Westland. A large number of Ambassadors, including the Dean of the Corps Diplomatic and diplomats, responded positively to the invitation and visited the World Horti Center on Friday, March 1, 2024.

In his welcome remarks, the Mayor, Mr Bouke R. Arends, extended a warm welcome to his guests and spoke about the municipality of Westland.

01032024 – naaldwijk, world horti Centre; delegatie van ambassadeurs op bezoek in westland. Gemeente Westland © Thierry Schut

As the largest concentrated greenhouse horticultural area in the world, Westland boasts of a unique economic strength. It is the capital of Greenport in West Holland, and the municipality strives towards local and sustainable food production worldwide.

Mayor Arends believes that the horticulture industry can be a vital solution to worldwide food security. In Westland and Greenport West-Holland, all the key players in the entire chain of greenhouse horticulture are concentrated in a region of less than 100 square kilometres. This includes seeds, packaging, transport and trade, supported by the government, as well as knowledge, technology and research institutes. The concentration of these key players in such a small region has led to many innovations in the sector. Ultimately, these innovations can even be implemented in other sectors or people’s homes.

01032024 – naaldwijk, world horti Centre; delegatie van ambassadeurs op bezoek in westland. Gemeente Westland © Thierry Schut

The greenhouse industry in Westland generates more than 6 billion Euros annually, and the added value of the entire horticultural cluster in the Netherlands is 24 billion Euros. Westland companies work daily on the newest innovations to improve horticulture, such as different types of (semi)-closed greenhouses, sustainable water use and almost autonomous greenhouses. By doing so, Westland contributes to a number of the Sustainable Development Goals of the United Nations.

The Mayor believes that “engaging in economic relations, working together, and learning from each other with an open mind is the key to finding answers to some of these global challenges.

01032024 -naaldwijk, World Horti Centre; Mayor Bouke R. Arends, with delegation of ambassadors visiting Westland. Municipality of Westland © Thierry Schut

Other speakers included Mrs Puck van Holsteijn, the director of the World Horti Center, Dutch Greenhouse Delta Mrs Daria van der Heijden, Diplomat Magazine, Mr. Roy Lie Atjam, and Ambassador Sahar Ghanem, the Dean of the Diplomatic Corps.

H.E. Mrs Sahar Ghanem stressed the importance of international coordinating food security efforts since no country can achieve it alone. She also mentioned the impact of the current situation in the Middle East.

The guests were introduced to the power of the sustainable and innovative Westland greenhouse horticulture cluster through various presentations and guided tours. The collaboration between companies, education, and government was central.

01032024 – naaldwijk, world horti Centre; delegatie van ambassadeurs op bezoek in westland. Gemeente Westland © Thierry Schut

The visitors were given insights into the sustainable and innovative Westland greenhouse horticulture cluster through various presentations and guided tours. The central aspect of this cluster was the collaboration between companies, education, and government.

Afterwards, a networking lunch was arranged for the ambassadors and local businesses. The group then visited Ter Laak Orchids, where the focus was on sustainability in the sector. The visit is expected to generate more international interest in the local greenhouse horticulture cluster, benefiting the Municipality of Westland.

World Horti Center is the global knowledge and innovation centre for international greenhouse horticulture. It’s a place where businesses, education, research and public authorities innovate, connect, inspire and share knowledge together. Their work focuses on finding solutions to relevant social issues such as water, the supply of food, food safety, well-being and sustainability. Every year World Horti Center welcomes around 30,000 visitors from all over the world who come to gather inspiration and ideas from the knowledge and innovation on offer here.

US is partner of the CHIO 2024 announces CG Pauline Kao

Wednesday, 13 March 2024, Aachen, NRW, Germany: The USA is the partner country of this year’s CHIO (World Equestrian Festival) Aachen – and that fits in perfectly with the joint history of over 340 years that unites the United States with North Rhine-Westphalia.

The Government of North Rhine-Westphalia calls this current close relationship, which pays tribute to and celebrates the NRW/USA year 2023/2024, “a perfect match”. “So, the fact that the USA is the partner country of the CHIO Aachen this year harmonises very well,” commented Nathanael Liminski, Minister of Federal, European and International Affairs and Media as well as Head of the State Chancellery of the State of North Rhine-Westphalia.

“The CHIO Aachen is one of the figureheads of international top sport. Staged in North Rhine-Westphalia, such an event offers the perfect platform to present the intimate friendship between the USA and NRW.” Pauline Kao, the US General Consul for North Rhine-Westphalia, who personally attended the announcement of the partner country, is also eagerly looking forward to Germany’s biggest sporting event: “This partnership is a dream come true for us. It really is a ‘perfect match’.“

And that is how this slogan – “A perfect match” – became the motto of the traditional Opening Ceremony of the CHIO Aachen on the evening of July 2nd, 2024. Together with this year’s partner country the organisers are promising a spectacular evening for the big show. Because the CHIO Aachen – that has long since not only stood for world-class equestrian sport, but also for world-class entertainment. For example, the traditional Opening Ceremony proves to be a 90-minute, breath-taking perfect entertainment show in the floodlit Main Stadium. Theme-wise it is traditionally closely based on the respective partner country. “And in this respect the unique flair of the USA offers a huge and diversified spectrum,” stated Birgit Rosenberg, board member of the ALRV, who in her capacity as Head of Sport at the CHIO Aachen is also responsible for the show programme. In terms of tradition, culture, music and of course also clichés, that as usual also play a part in the overall concept of the decorations and supporting programme, the land of unlimited opportunities means the organisers have a huge spectrum of possibilities to fall back on.

Framed by cheerleaders from Rhein Fire Düsseldorf, who lent the press conference the appropriate flair with their golden pompons, Uwe Brandt already revealed a few concrete ideas about the Opening Ceremony, which thanks to public TV sector will be broadcast live throughout Germany from 8.15 p.m.: “I am conjuring up a picture full of glamour, football and of course plenty of horses and music,” explained the Creative Director, who has been supporting the CHIO Aachen team regarding the choreography, dramaturgy and staging of the event since 2015 already, adding with a grin: “Of course there will also be a bit of pink.” In addition to a Super Bowl atmosphere, Quarter horses and a US American-style presentation by the NRW State Stud from Warendorf, the spectators can also look forward to a show that pays homage to “Barbie”. With their performance, the two social media stars, Hella Gabbert and Julia Steinbrecher, will be depicting the probably most famous doll in the world. Because she has – of course – American roots.

However the USA will not only dominate the Opening Ceremony in the summer, it will indeed have a great influence throughout the CHIO days. For example, the typical US American flair will be noticeable throughout the entire showgrounds and will also be present in the city centre too: On Monday, July 1st, the traditional reception of the partner country will take place on the marketplace in Aachen.

Only the two “Horse & Symphony” concerts (June 28th and 29th) have a different theme this year. “In 2024 we are celebrating the 100th anniversary of the show at the Aachen Soers,” explained Stefanie Peters, President of the ALRV. “And we are going to festively celebrate this anniversary in the scope of these two concerts.”

For further information

World Equestrian Festival: https://www.chioaachen.de/en/news/a-perfect-match-the-usa-is-the-official-partner-country-of-the-chio-aachen-2024/

Burundi Presentation of Letters of Credence to His Majesty Willem Alexander, King of the Netherlands

By Roy Lie Atjam

This Wednesday, March 6, 2024, the Ambassador of the Republic of Burundi in the Netherlands H.E Ms. Isabelle Ndahayo presented her letters of credence to His Majesty Willem Alexander, King of the Netherlands, at an solemn ceremony held at the Noordeinde Palace in The Hague.

« Unité – Travail – Progrès », est la devise nationale de la République du Burundi.

H.E Ms. Isabelle Ndahayo, Ambassador of Burundi at her arrival to Noordeinde Palace in The Hague.

Burundi and the Netherlands have maintained a strong and cordial relationship, collaborating through several bilateral and multilateral agreements. Burundi is committed to continue strengthening cooperation with the Netherlands, particularly in the areas of agriculture, livestock, healthcare, defence and security, energy production, infrastructure. These areas are essential for Burundi’s development projects and programs.

King Willem Alexander, welcome First Counsellor of Burundi, Mr. Stany Nuhizi who accompanied H.E Ms. Isabelle Ndahayo, Ambassador of Burundi to her presentation of credentials.

The government of Burundi aims to maintain diplomatic relations based on mutual respect with other governments. They prioritize cooperation that is mutually beneficial and respectful. Their National Development Plan 2018-2027 has a vision of a democratic, united, and prosperous nation achieved through structural transformation of the national economy.

H.E Ms. Isabelle Ndahayo, Ambassador of Burundi and King Willem Alexander at Noordeinde Palace.

Diplomat Magazine avails itself of this opportunity to wish Ambassador Isabelle Ndahayo success during her stint in the Netherlands and looks forward to continuing the productive partnership between Burundi and our magazine.

H.E Ms. Isabelle Ndahayo at Noordeinde Palace in The Hague.

Here Lived, laying Stolpersteine in Amsterdam

The premiere of “Here Lived,” hosted by the Ambassadors of the USA, H.E. Ms. Shefali Razdan Duggal, and Germany, H.E. Dr. Cyrill Nunn in Amsterdam, marked a touching moment of remembrance, reflection, and resilience. Held at the prestigious Royal Tuschinski Theater, the event not only commemorated the lives lost during the Holocaust but also celebrated the enduring legacy of Gunter Demnig’s Stolpersteine project.

Before the screening of the film, a solemn memorial took place outside the theater, where three Stolpersteine were laid in memory of Abraham Tuschinski, Hermann Gerschtanowitz, and Hermann Ehrlich, the original owners of the theater. Tuschinski and Gerschtanowitz were deported to Auschwitz, and Ehrlich to Sobibor; all three were murdered by the Nazis in 1942. These individuals, like millions of others, fell victim to the atrocities of Nazi persecution during World War II, highlighting the deeply personal and widespread impact of the Holocaust.

After the placing of the stones, ambassadors invited guests for a drink during a small gathering in advance of the Netherlands premiere screening of Here Lived.

During his speech, H.E. Dr. Cyrill Jean Nunn cited the book “The Pity of All That” by Amos Elon, which reflects on 1,700 years of rich Jewish history in Germany, despite the atrocities that occurred between 1933 and 1945. He also mentioned the Jewish cemetery in Weissensee in Berlin, where a monument honors the 12,000 Jewish soldiers from Berlin who died during World War I in the ranks of the German army.

“The commitment of every German government since WW II towards Israel is resolute and permanent. It is based on the necessity to look at the mirror of our history, without blinking, in order to see the past in its unvarnished truth. There is no alternative for us, definitely for us in Germany, than to know our history, to confront ourselves with it and to continue to learn the necessary lessons for today and for the future.”

In Berlin, often in front of old buildings, the sidewalks are literally plastered with Stolperstein. “At the beginning of the 20th century, Berlin had a population of 300,000 German citizens of Jewish faith and is therefore one of the cities in Europe with the biggest number of “Stolpersteine”.”

“In Europe, the “Stolpersteine” are becoming more and more visible. For instance, in Berlin and also here in Amsterdam, they remind us every day of the fate of our fellow citizens who were taken out of their daily life and killed for no other reason than to be a member of the Jewish community.”

“Around the corner of our house in Berlin in Charlottenburg, there are exactly 13 “Stolpersteine” placed on the sidewalk. Like so many people, I got familiar with the engraved names. By now I have established a sort of bond with them and my thoughts go to them every time I pass by. The stones are kept shiny by the new inhabitants of the buildings. This is perhaps our way to try to reintegrate them into a place where they had been living for a long time before being chased and murdered 80 years ago.

“We are therefore thankful to Günter Demnig for his work. Thanks to him, and so many volunteers all over Europe, some of whom are here today, our former neighbors have not vanished from our memory. They enjoy the respect of today’s inhabitants who know that in our society there is absolutely no place for anti-Semitism, racism, or other forms of discrimination. Allow me to conclude by thanking Jane Wells, her team, and everyone who contributed to the film that we will soon watch together.” Said Ambassador Nunn.

“Here Lived,” produced and directed by Jane Wells, delves into the profound story behind the Stolpersteine project. What began as a humble idea by conceptual artist Gunter Demnig has evolved into the world’s largest decentralized memorial, with tens of thousands of Stolpersteine laid across Europe. These small brass plaques, embedded into the pavement outside the last known residences of Holocaust victims, serve as a powerful reminder of the human lives extinguished by Nazi terror.

H.E. Ms. Shefali Razdan Duggal, talking to a guest at her arrival to the Royal Tuschinski Theater.

The film explores the untold stories of hidden children who evaded capture by the Nazis, as well as the courageous individuals who risked their lives to shelter and protect them.

Through interviews with survivors, descendants, volunteers, and politicians, “Here Lived” paints a vivid picture of resilience, love, and collective healing in the face of unimaginable tragedy.

After laying three Stolpersteine at the Royal Tuschinski Theater entrance.

One of the film’s central themes is the importance of remembering and honoring the lives lost during the Holocaust. By saying their names and sharing their stories, the Stolpersteine project ensures that the victims are never forgotten, reaffirming the commitment to combating anti-Semitism, racism, and intolerance in all its forms.

Set against the backdrop of rising nationalism and xenophobia in Europe and beyond, “Here Lived” carries a timely and profound message of solidarity. The premiere of “Here Lived” in Amsterdam serves as a powerful reminder of the enduring power of art, storytelling, and community in preserving the memory of the past and shaping a more just and compassionate future.

U.S. – China Technological Cooperation: Charting a Pragmatic Path

By Ms. Yi Wang

Prior to the formalization of diplomatic ties between the United States and China, there existed minimal official relations and a notable degree of mutual distrust. Scientific collaboration was then considered to be an avenue to initiate communication between the two nations during this period.

On January 31, 1979, then-U.S. President Jimmy Carter and Chinese Vice Premier Deng Xiaoping signed the U.S.-China Scientific and Technological Cooperation Agreement. 45 years later, this agreement expired on February 27, 2024, without renewal or extension by both parties. This outcome has sparked numerous discussions and policy debates not only in the U.S. and China, but also in Europe and Asia.

As it stands, both sides need to clearly and decisively answer three questions: is there a necessity to cooperate? If so, is there the will to do so? How can the cooperation be done?

The U.S. and its European allies have deep concerns about China’s competitiveness in the field of technology, especially the latter’s “civil-military fusion” strategy, transfer of core technologies, concentration of innovation resources to support state-owned enterprises, intellectual property infringement, and inadequate legal regulations. They believe that these aspects may pose risks to their national security and other regions of the world. Therefore, the governments of Western developed countries have taken strong measures to block cooperation and investment by China in the field of technology with foreign countries in recent years.

Concerns over national security, economic sovereignty, and fair competition have led to escalating trade tensions between the West and China, prompting a growing array of limitations on the adoption of Chinese smart technology. Clearly, this trend represents a phenomenon of “politicization” and “securitization”.

Meanwhile, issues such as climate change, pandemics, food crises, food safety, deepfake AI, and the proliferation of false information on the internet are causing widespread dissatisfaction, discomfort, and anxiety among people everywhere, leading to a palpable increase in feelings of discontent and insecurity in daily life. The world is witnessing a regression in human rights.

Science and technology were intended to serve as potent tools for humanity to conquer disasters. Regardless of our location, we all seek technological assistance to bolster our confidence as we navigate an uncertain future. However, amid the push for technological advancement, rifts and conflicts among groups are intensifying, and animosity is becoming more evident. If technological progress fails to enhance human happiness, then significant change is imperative for the world.

There is still much consensus among the research, academic, and business communities in Europe and the U.S. that without China’s participation in scientific and technological cooperation, the world’s most pressing challenges cannot be addressed.

“Science plays an enormous unseen role in keeping international avenues of contact open, even when political doors slam shut”, pointed out in an article published in Scientific American October last year, and the same article calls for keeping cooperation channels between the U.S. and China open.

Clearly, cooperation between the U.S.  and China in science and technology bears the responsibility and hopes for enhancing global development conditions.

From the perspective of partnership, priority needs to be given to the following points, which can be options in policy formulation.

First of all, countries can appoint their own national “science and technology affairs envoys”. In our current world, technology is deeply integrated with industry. The coverage of technology policies has hence extended to the entire industrial chain. This trend not only requires countries to strengthen international coordination and communication in technology policies but should also consider establishing dedicated positions, upgrading administrative levels, and expanding corresponding decision-making powers.

Secondly, in terms of developing cooperation, efforts should be made to establish accountability mechanisms, create an open trade and investment environment, and continuously enhance policy transparency, while striking a balance between protecting domestic interests and ensuring fair participation in the global market.

From basic research to industrial transformation, the path of technological innovation can be a long and arduous one. It is still the necessity for the Chinese to work harder, to enhance their abilities to transform scientific and technological achievements, promote the equalization of advanced technologies applied to basic public services in China, rectify unreasonable rules and regulations, strengthen China’s institutional framework of intellectual property protection systems, minimize IP infringement, and resolve loopholes in market regulation.

Moreover, it is important to promote dialogue, discussions, and public debates among foreign research institutions and think tanks across various nations. This is vital to safeguard the freedom of movement of innovative elements. At the same time, there should be an increase in scientific and technological exchange activities between cities and regions, while fostering multifaceted connections among social organizations, educational institutions, and scholars. Concrete steps could involve coordinating joint technological research on mutually interesting topics, partnering on scientific investigations and training initiatives, expanding collaborative networks, sharing best practices and expert insights, and facilitating cross-border data sharing to elevate research quality and influence.

Additionally, it is crucial to introduce courses on intellectual property rights and scientific ethics knowledge in primary and secondary school education in various countries, and this is especially true for China.

At its core, science and technology are aimed at enhancing human life but also encounter cognitive boundaries and involve various stakeholders. For instance, advancements in cutting-edge fields like the internet, artificial intelligence, and genome editing promise technological benefits, yet they may also give rise to new challenges. Therefore, achieving success in technology goes beyond merely claiming superiority. By instilling in children and young adults an understanding of the integrity of scientific research and the principles of law, they can drive positive transformations in future innovation.

Trust forms the foundation of collaboration. Whether it’s technological cooperation between China and the U.S., or with other nations, it is crucial to acknowledge cultural and legal differences. China is indeed tackling numerous challenges and shortcomings, including issues related to intellectual property awareness and legal compliance, which require time to address or improve. If all parties can efficiently utilize resources, foster mutual understanding through various means, and prioritize partnerships and communication, it will generate more innovation vitality.

In the end, each of these efforts contributes to fostering innovation and making the world a better place.

Assisting Italian and Bulgarian Authorities: Eurojust Aids in Arresting 22 Suspects Involved in Forcing Female Victims into Prostitution

The Hague, 15 March 2024

With Eurojust support, authorities in Italy and Bulgaria have arrested 22 alleged members of an organised crime group (OCG), which forced tens of female victims into prostitution. During a coordinated action day earlier this week, most of the often relatively young victims were brought to safety. The mainly Bulgarian OCG was known for its heavy use of violence.

Specific members of the OCG used the so-called ‘lover boy’ method, pretending to engage personally with women from a poor background in Bulgaria and other countries in Eastern Europe and promising them good job opportunities in Italy. In reality, their passports were taken away and the victims were forced into prostitution in Italy in dire conditions.

The OCG had a clear division of roles, with certain members being responsible for luring the victims to Italy and others taking care of transport and controlling them, occasionally under extreme duress.

The Italian authorities started investigating the OCG in 2021, and a year later Eurojust was contacted to coordinate the cooperation with their counterparts in Bulgaria, via the National Desks of both countries at the Agency.

Eurojust provided support with the execution of European Investigations Orders and requests for Mutual Legal Assistance, as well as the setting up of a coordination meeting. During the joint action day, assistance was also provided to the three competent Bulgarian Prosecution Offices in order to rapidly execute European Arrest Warrants for seven of the suspects, who were residing in Bulgaria.

The tracing and arrest activities in Bulgaria were carried out via the European Network of Fugitive Active Search Teams, specifically by the Bulgarian team, upon activation by their counterparts in Italy, which provided constant information. 

The operations on the ground were carried out at the request of and by:

  • Italy: Public Prosecutor’s Office of Lecce; Italian State Police HQ of Lecce; Fugitive Active Search Team (FAST) Italy, at the Service for International Police Cooperation (SCIP) of the Ministry of Internal Affairs.
  • Bulgaria: FAST Bulgaria, at the General Directorate of the National Police – Wanted and Missing Persons Unit.

Swiss model for Bosnia and Herzegovina

Msgr. Prof. Dr. Franjo Topić, prominent Catholic theologian, honorary president of the Croatian Cultural Society (HKD) “Napredak” and honorary president of the Pan-European Union of BiH, presents an analysis entitled “Swiss model for Bosnia and Herzegovinain which he shares his thoughts on the exhaustion of the existing and the need for a new, fairer and more functional constitutional arrangement for Bosnia and Herzegovina.

By Msgr. Prof. Dr. Franjo Topić

Almost thirty years after the signing of the Dayton Peace Agreement, Bosnia and Herzegovina (BiH) is still in a sort of coma, and some say that there has never been a worse crisis, which is often said since the war. This text[2] is not daily-political and should not be interpreted as such, but the thinking of an engaged intellectual who cares about all of Bosnia and Herzegovina and all the citizens and peoples of this country, and especially about peace in BiH and the world. As the famous saying goes: Without a peaceful Bosnia, there is no peaceful Europe. Now BiH has a chance on March 21, 2024 to start negotiations for joining the European Union, which is truly the most important political fact since Dayton. 

There are no ideal solutions, but it is clear to everyone that this type of entity arrangement is exhausted and that something should be changed and improved. And the architect of the Dayton Agreement in 1995 – which stopped the war, and that should always be emphasized, because it is still the most important thing – the American diplomat Richard Holbrook spoke and wrote that Dayton 2 should be organized, which some a priori reject, and they should not, because the search for good solution is probably the obligation of all those who are active in public.

This kind of BiH is not functional as a state, it is not fundamentally fair, because many do not have equal rights in all parts of BiH and it does not ensure a good future for Bosnia and Herzegovina. It is useful to recall an event that was very important in its time, and its proposals are still relevant today and, by all accounts, offer a better solution to the organization of BiH than the current one. It is essentially the Swiss model of cantonization of the entire BiH. Especially at the beginning of the independent BiH, Stjepan Kljuić said that BiH should become like Switzerland. Nothing is easy to change, but it is possible. Today’s Switzerland was not easily created either, but one should not get tired and we need to work on it. First of all, we need the political will of the leaders, and a lot of work by experts to change this constitutional model to the satisfaction of all citizens and peoples of BiH, as well as the international community. What is good from the Swiss constitution should be thoroughly rewritten. The fact that a lot has changed since the Dayton Agreement shows that changes are possible. And that should be done jointly by actors similar to Dayton 1. 

Croatian Coordination Committee

We will describe the broader context, because even without context, things cannot be properly understood. Let’s remind ourselves. Bosnian Serbs rebelled against independent Bosnia and Herzegovina (referendum on March 1, 1992) then together with the truncated Yugoslavia (i.e. Serbia and Montenegro) they started a war in BiH. As is known, the conflict between the Croatian Defense Council (HVO) and the (Bosniak) Army of the RBiH started in April 1993. As the situation in Sarajevo and Bosnia and Herzegovina deteriorated and became increasingly complicated, with the risk of total war and the disappearance of BiH and Bosnian Croats, Sarajevo’s Croat and Catholic organizations worked to suppress the conflict at least in Sarajevo, and to resolve many open issues. 

It should be mentioned, because it is important for a better understanding of the text, that Sarajevo lived under complete siege, that there was no electricity and water for months, and that in 1993 humanitarian aid usually consisted of 200 grams of rice per week. For at least two years, with various fluctuations, 1 kg of rice cost DEM 60, sugar 50 – 60, a liter of oil 50, a kilogram of coffee 120 DEM, etc. And the worst thing is that every day people died all over BiH, and at that time the end of the war was not in sight. In August 1993, the establishment of the coordination body of the Croatian parties, the Church and HKD Napredak was initiated.

After several meetings, on September 10, 1993, due to the risk of conflict between the HVO and the RBiH Army in Sarajevo, the Croatian Coordination Committee (HKO) was founded, consisting of: Vrhbosnia Archdiocese (Rev. Nikola Lovrić), Franciscan Province (Fr. Ljubo Lucić), Caritas (Rev. Franjo Tomić), Croatian Democratic Community of the City of Sarajevo (Tomo Obrdalj), Croatian Peasant Party of BiH (Ivo Komšić), Croatian Defense Council from Sarajevo (Slavko Zelić), HKD Napredak (Franjo Topić) and Napredak’s Croatian Chamber of Commerce. 

Tvrtko Nevjestić, president of the Chamber, was elected president, vice-president was the author of these lines, and Hrvoje Ištuk was the secretary. HKO was the real and authorized representative of all members, which is a phenomenon suitable for a broader study. It met often, and sometimes daily, in the Vrhbosanska Theological Seminary and in HKD Napredak, which operated in the Theological Seminary. All decisions and announcements were made by consensus, never by outvoting. Talks were held with all important domestic and international factors (T. Nevjestić, Išječak našeg vremena, in: Napredak’s Croatian National Yearbook for 1997, 372-376). According to the assessment of the participants and witnesses of that difficult time, the HKO played a decisive role in preventing a conflict between the RBiH Army and the HVO in Sarajevo, and some wanted it to happen and worked on it on both sides. If there had been a conflict, many things would have been more difficult and complicated, not only in Sarajevo as the capital, but also in the whole of BiH.

The Assembly of Croats of Bosnia and Herzegovina

The HKO was the organizer of, and HKD Napredak logistically supported the Assembly of Croats of BiH in Sarajevo on February 6, 1994, the day after the horrific massacre at the Markale market. The Assembly adopted the documents that were also present at the Geneva negotiations. At this assembly, the Croatian National Council (HNV) was elected with Dr. Ivo Komšić as its first president, and it continued to achieve similar goals and tasks as the HKO, but without the official representation of the previously mentioned organizations and institutions, which were now replaced by individuals. In his memoir, Dr. Komšić talks a lot about the HKO, HNV and the Assembly. The HKO played its important role and, which rarely happens, ended itself. It should be said that Steve Bubalo, in addition to coming from America with his wife, Pero Radielović and Valentino Ivanković, was a donor to the Assembly.

The Assembly was attended by many distinguished persons from the public life of Bosnia and Herzegovina and the Republic of Croatia: Drago Stipac, the legendary HSS member, Vlado Gotovac, Miko TripaloStipe MesićZvonimir Šeparović, etc. Also, Haris Silajdžić, then Prime Minister of the RBiH Government, Ejup Ganić, member of the RBiH Presidency, Miro Lazović, speaker of the RBiH Parliament, bishop Pero Sudar (archbishop Vinko Puljić was abroad), Mariofil Ljubić, deputy speaker of the RBiH Parliament, etc. As someone wrote: all of the Croatian intelligentsia and artists were present. The Assembly was attended by various ambassadors and international representatives headed by the American ambassador Victor Jackovich, and the French Henry Jacolin, who was particularly significant because the French UNPROFOR controlled the Sarajevo airport and mostly all of Sarajevo. Sergio de Mello, the representative of the United Nations for the former country, also played an important role, enabling the arrival of about a hundred people on UN planes from Zagreb, Split and Frankfurt, which at that time was a real undertaking because even ministers could not easily obtain permission for those flights.

Fruits of the Assembly

The Assembly and its results were eagerly awaited by many domestic and foreign politicians.

The basic proposal was to organize Bosnia and Herzegovina according to the Swiss model with ten cantons, three Croatian (Posavina, Travnik and Herzegovina), three Serbian and three Bosniak, and with Sarajevo as a district. The documents and positions of the Assembly significantly influenced the cessation of the conflict between the RBiH Army and the HVO, and the conclusion of the Washington Agreement, which definitively ended the conflict between the HVO and the RBiH Army, i.e. Bosniaks and Croats, and was the basis for the establishment of the Croat-Bosniak Federation. If it weren’t for the Assembly, there would have been a massacre of unprecedented proportions in the Lašva valley. According to foreign observers, there were about 30,000 soldiers of the RBiH Army in the besieged Lašva valley. Had Central Bosnia collapsed, the question is whether there would be Bosnia and Herzegovina at all? 

Zagreb politician and publicist Slavko Goldstein wrote that this Assembly introduced into the Croatian public “a breath of almost forgotten optimism” (Croatia after the agreement, in: Erasmus 6/1994, page 20). Peter Galbraith, the American ambassador to Croatia at the time, asserted: “It was also important that a group of Croats appeared who proposed different ideas… So the Assembly in Sarajevo was very important… Also for the discussion of maps, their ideas about it were especially important. They were the basis (for the discussion behind the creation of the federation). They also gave importance to the issue of Posavina, which was not the case in previous discussions” (Erasmus 6/1994, 14-15).

Declaration of the Assembly

The Declaration of the Assembly contained the following points:

  1. The state integrity of BiH is a vital interest of the Croatian people;
  2. Urgent and absolute cessation of all war activities;
  3. Continuity of statehood of all three peoples and their equal rights must be ensured in BiH;
  4. Any solution to the crisis in BiH that sanctions ethnic persecution and enables the continuation of ethnic cleansing is rejected;
  5. The return of all exiles and refugees to their homes is demanded;
  6. It is proposed to organize BiH federally on a cantonal basis.

Wouldn’t this arrangement be better than what we have today? With the existing two entities, BiH does not have a good and normal future, as we see every day. Even in the current negotiations, there are two practically opposed concepts: one exclusively ethnic, and the other exclusively “civil“. It should be clarified because there is often confusion around this term: in the political sense, civil in this context means one man – one vote, which is unacceptable for this multinational country. Entities are practically “independent” states and can hardly function solidly together. One of the main arguments of some from the international community why the Republika Srpska entity should not be reformed is that it is functioning. Functioning is a very important argument, but it is not sufficient, nor is it the only one, because North Korea is also functioning – of course, we are not comparing the entity Republika Srpska or Bosnia and Herzegovina with North Korea.

Combined democracy

Bosnia and Herzegovina should be organized, in our opinion, on the principle of “combined democracy“, i.e. personal and national rights should be ensured. The national element will be important here for a long time, and we must not run away from it. The Presidency of BiH and the House of Peoples of BiH ensure symbolic equality at the state level, and the cantons ensure national rights on the ground: education, culture, etc.

It should be possible for each people to elect its own member of the Presidency of BiH, experts should work it out so that it is not to the detriment of Croats or the whole of BiH. It is a frivolous argument that this is a further division of BiH, as if it had not already been divided in half! And many do not even mention this main division. Why? We have already mentioned that the International Community (domestic actors did not want to and were not able) did the most important thing when it stopped the war.

But that is not enough, now we need to organize Dayton 2 – let us repeat – to make the country as functional, fair and cheap as possible. It is clear that domestic politicians are primarily responsible and that they should find a good compromise solution. And when some criticize the international community, they should not forget that even now without the International Community it would be harder and worse to live. Who prevents domestic leaders from reaching an agreement and leaving the international community without a job? It is often forgotten that without the presence of the international community there would be much less foreign investment.

But the international community is saying in vain that domestic politicians should come to an agreement. If they wanted to and were able, they would have done it in so many years. The international community is also co-responsible because it co-created the Dayton Peace Agreement and is also co-responsible for its functioning and improvement. And it is the responsibility of local leaders and the International Community to ensure that conflicts do not arise here, as they are essentially being prepared by constant arguments. Peace is a work of justice and has no price. We will repeat once more: Peace is not everything, but without peace everything is nothing!

We hope and wish that by the next text, Bosnia and Herzegovina will start negotiations for accession to the European Union.


About the author:

Msgr. prof. Dr. Franjo Topić was born on March 13, 1953 in Kasapovići/Novi Travnik. He completed high school in Subotica (1967-1971), philosophical and theological studies at the Vrhbosna Catholic Theology in Sarajevo (1971-1977), and was ordained a priest of the Vrhbosna Archdiocese on June 29, 1976.

He was sent to postgraduate studies at the Pontifical Gregorian University in Rome in 1978, which he completed with a doctorate (1985) on the topic L’ uomo davanti alla rivelazione di Dio nel pensiero di Hans Urs von Balthasar.

From 1985 to 1991, he taught at the VCT in Sarajevo: Ecumenical Theology and Eastern Theology, and from 1985 he taught Ecclesiology, History and Doctrine of Islam, Credibility of Christian Revelation, and History and Doctrine of Religions (until 2011).

From 1986 to 1996, he was prefect of studies and secretary of the VCT.

He was a member of various church councils and community committees. He published in various magazines in the country and abroad.

In 1995, he was awarded the “Titus Brandsma” international award from the International Catholic Union of the Press /UCIP/ “because in his writings and publications in extremely difficult conditions he advocated for the preservation of humanity and the Christian spirit”.

He has been the president of the Croatian Cultural Society “Napredak” since its restoration in 1990, and now serves as the honorary president of “Napredak” and the honorary president of the Pan-European Union of Bosnia and Herzegovina. He is a member of the European Academy of Sciences and Arts.

Published by the International Institute for Middle East and Balkan Studies IFIMES. The article represents the author’s position and does not necessarily reflect the position of IFIMES nor Diplomat Magazine.

Ljubljana/Sarajevo, March 15, 2024                                                                           

Footnotes:
[1IFIMES – The International Institute for Middle Eastern and Balkan Studies, based in Ljubljana, Slovenia, has a special advisory status with the Economic and Social Council ECOSOC/UN, New York, since 2018 and is the publisher of the international scientific journal “European Perspectives”.
[2] The text is a reminder of three important events: the anniversary of the Assembly of the Croats of Bosnia and Herzegovina (February 6, 1994), the Independence Day of Bosnia and Herzegovina (March 1), the anniversary of the Washington Agreement (March 18, 1994)

Juana Azurduy, Guerrilla of the Great Homeland

To celebrate the achievements and contributions of women around the world, the Embassy of the Plurinational State of Bolivia in The Hague and the International Institute of Social Studies at Erasmus University Rotterdam commemorated International Women’s Day with inspiration and empowerment by presenting a special screening of the award winning film “Juana Azurduy, Guerrilla of the Great Homeland.” The audience consisted of diplomats, members of the Bolivian diaspora, teachers, alumni, as well as individuals from Venezuela, Cuba, Chile, Uruguay, Ukraine, and local Dutch people.

The powerful history of the revolutionary woman Juana Azurduy delves into the life of this guerrilla military leader who fought for Bolivian and Argentine independence, starting from a day in November 1825 in the Bolivian city of Chuquisaca. There, Doña Juana Azurduy Bermúdez de Padilla, heroine of the independence war against the Spanish army, receives a visit from the liberators Simón Bolívar, Antonio José de Sucre, and José Miguel Lanza. Throughout a long conversation, in a very modest dwelling where she resided, Juana receives the admiration of the rulers while reminiscing about the most significant episodes of her career as a patriot and commander of the armed forces. She also reflects on the loss of her four children, husband, so many patriots and all her belongings during the war. She confronts the results of her sacrifices and those of many others, juxtaposing them with the triumphalism and ignorance of the ruling liberators.

H.E. Ambassador Roberto Calzadilla Sarmiento

The Ambassador of Bolivia, H.E. Mr. Roberto Calzadilla Sarmiento, introduced the film to the audience, mentioning the historical context of the film, which was unknown to many present. The heroine Juana Azurduy, a fighter of many battles on all fronts until the end of her life, serves as a reference for Bolivia and the world.

Ambassador Calzadilla spoke about the lengthy and arduous process necessary for real transformation, citing the change of Bolivia’s constitution in 2009. In this perspective, Bolivia became the Plurinational State of Bolivia, aiming to provide inclusion and extended rights to the indigenous people, to the mother earth. “One of the lessons from Juana Azurduy was that she learned to overcome her own fears, to fight life but first fighting our own fears. Juana deeply believed in change, in the transformation of oneself, but also of everything around us.”

Directed by Jorge Sanjinés, Bolivia, 2016, the film featured Mercedes Piti Campos as Juana, a well-known theatre actor and singer who reinvented herself as a film actor. Campos learned horseback riding and fencing for months, delved into reading about the heroine, attended conferences, and learned from the director about his expectations for her portrayal of Juana. She said, “To personify a historical figure of the stature of Juana Azurduy is a great human challenge, and as an actress, it was also an enormous learning experience.”

Prof. Dr. Ruard Ganzevoort, Rector of the International Institute of Social Studies, commented on the film, emphasizing that war doesn’t end after the final battle; profound political and social changes are needed to reverse the causes that led to the war, otherwise, the same situation will re-establish itself with other actors.

After the screening, the ISS and the Embassy of Bolivia invited the guests to a reception at the university bar. Extended conversations ensued after the screening, pondering what Juana would do in this time, how many Juanas are still around, and from where we could resemble Juana in the current context.

ICC Presidency assigns judges to judicial divisions and Chambers

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Following the solemn undertaking of six newly elected judges of the International Criminal Court (ICC) on 8 March 2024 and the Presidency’s election on 11 March 2024, the Presidency of the Court has assigned the judges to the three judicial divisions.

 

The Presidency also recomposed a number of Chambers where necessary, dissolved Trial Chamber VII, Trial Chamber VIII and

Trial Chamber IX and constituted Pre-Trial Chamber III and reassigned the situation in Uganda to it. The assignments as well as the re-composition of Chambers is effective as of 12 March 2024.  

 

The Appeals Division will be constituted of Judges Tomoko Akane, Luz del Carmen Ibáñez Carranza, Solomy Balungi Bossa, Gocha Lordkipanidze and Erdenebalsuren Damdin. 

 

The Trial Division will be constituted of Judges Kimberly Prost, Joanna Korner, Miatta Maria Samba, Althea Violet Alexis-Windsor, Keebong Paek, Nicolas Guillou and Beti Hohler. 

 

The Pre-Trial Division will be constituted of Judges Rosario Salvatore Aitala, Reine Alapini-Gansou, María del Socorro Flores Liera, Sergio Gerardo Ugalde Godínez, Iulia Motoc and Haykel Ben-Mahfoudh. 

 

The situations in the Democratic Republic of the Congo I; the Democratic Republic of the Congo II; Libya; the Republic of Mali; the Gabonese Republic; Registered Vessels of Comoros, Greece and Cambodia; Palestine; the People’s Republic of Bangladesh and the Republic of the Union of Myanmar; the Plurinational State of Bolivia; Georgia; the Bolivarian Republic of Venezuela I; the Bolivarian Republic of Venezuela II and the Republic of Philippines will be assigned to Pre-Trial Chamber I, to be composed of Judges Reine Alapini-Gansou, María del Socorro Flores Liera and Iulia Motoc. 

 

The situations in the Central African Republic I; the Central African Republic II; Darfur; the Republic of the Sudan; the Republic of Kenya; the Republic of Côte d’Ivoire; the Islamic Republic of Afghanistan; the Republic of Burundi and Ukraine will be assigned to Pre-Trial Chamber II, to be composed of Judges Rosario Salvatore Aitala, Sergio Gerardo Ugalde Godínez and Haykel Ben-Mahfoudh. 

 

The situation in the Republic of Uganda will be assigned to Pre-Trial Chamber III, to be composed of Judges Althea Violet Alexis-Windsor, Iulia Motoc and Haykel Ben-Mahfoudh. 

In addition, the Trial Chambers will be composed as follows: 

 

Trial Chamber I 

  • Le Procureur c. Ali Muhammad Ali Abd-Al-RahmanJudge Joanna Korner, PresidingJudge Reine Alapini-GansouJudge Althea Violet Alexis-WindsorAlternate Judge: Judge Nicolas Guillou

 

Trial Chamber II 

  • Le Procureur c. Germain KatangaLe Procureur c. Thomas Lubanga DyiloLe Procureur c. Bosco NtagandaLe Procureur c. Ahmad Al Faqi Al Mahdi
  • §  Le Procureur c. Dominic Ongwen
  • Judge Kimberly ProstJudge María del Socorro Flores LieraJudge Nicolas Guillou
  •  

Trial Chamber IV 

  • Le Procureur c. Abdallah Banda Abakaer NourainJudge Kimberly ProstJudge Keebong PaekJudge Nicolas Guillou

Trial Chamber V 

  • Le Procureur c. Alfred Yekatom and Patrice-Edouard NgaïssonaJudge Bertram Schmitt, PresidingJudge Péter KovácsJudge Chang-ho ChungAlternate Judge: Judge Beti Hohler

Trial Chamber VI 

  • Le Procureur c. Mahamat Said Abdel KaniJudge Miatta Maria Samba, PresidingJudge María del Socorro Flores LieraJudge Sergio Gerardo Ugalde GodínezAlternate Judge: Judge Keebong Paek.

Trial Chamber X 

  • Le Procureur c. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag MahmoudJudge Antoine Kesia-Mbe Mindua, PresidingJudge Tomoko AkaneJudge Kimberly Prost.

 

ICC

 
 

Each Division will elect a President of the respective Division from amongst its members and each newly composed Pre-Trial and Trial Chamber will elect a Presiding Judge. The Appeals Chamber decides on a Presiding Judge for each appeal. According to article 39(1) of the Rome Statute, the assignment of judges to Divisions by the Presidency is based on the nature of the functions to be performed by each Division and the qualifications and experience of the elected judges, so that each division contains an appropriate combination of expertise in criminal law and procedure and in international law. The judges are assigned for three years, and thereafter until the completion of any case.

 

The judges assigned to the Appeals Division serve in the Appeals Division for their entire term. On the basis of workload, consistently with the requirements of article 35(3) of the Rome Statute, and applying an objective criterion of prioritising the calling to full-time service of judges who are nationals of States Parties which have never previously had a judge serving at the Court, Judges Damdin and Motoc will commence full-time service in mid-May 2024, Judges Ben-Mahfoudh and Hohler will commence full-time service in mid-June 2024 and Judges Paek and Guillou from mid-August 2024.