EU-ASEAN, 45 years of ties

Wednesday, 14 December 2022, Brussels, European Union: The EU’s capital served as host for the very first summit held between the leaders of EU and ASEAN member states, thus marking 45 years of diplomatic relations. The summit’s co-chairmanship fell upon the President of the European Council, Charles Michel, and the 2022 ASEAN Chair, Cambodian Prime Minister Samdech Hun Sen.

The EU and the ASEAN became strategic partners in 2020. 

Two major side-line events were held in connection with the diplomatic jubilee, namely the 10th EU-ASEAN business summit as well as EU-ASEAN youth summit. 

ASEAN is the EU’s third largest trading partner outside Europe, after the USA and China.

The Association of Southeast Asian Nations (ASEAN) was established on 8 August 1967 in Bangkok, Kingdom of Thailand by Indonesia, Malaysia, Philippines, Singapore and Thailand itself. Brunei Darussalam joined ASEAN in 1984, followed by Vietnam in 1995, Lao PDR and Myanmar in 1997, and Cambodia in 1999. The ten member states of ASEAN have an estimated total population of about 668 million. The secretariat of the association is based in Jakarta, Indonesia.

Both the EU and ASEAN are the most integrated regional organizations worldwide. 

For further information 

European Council: https://www.consilium.europa.eu/en/meetings/international-summit/2022/12/14/

The Brussels-based bubble is a long time ago no longer infallible

By General (Rtd) Corneliu Pivariu

On December 8, 2022, the meeting of the Council of Justice and Home Affairs, which had on its agenda topics concerning the expansion of the Schengen area to include new countries took place in Brussels. Formal votes were to be cast in favour of Croatia, Romania and Bulgaria. Croatia was accepted while Romania and Bulgaria, who were long supposed to join together the area, were vetoed by Austria and the Netherlands (the latter mentioned it voted only against Bulgaria’s joining the area).

The meeting of the Council took place on the background of the greatest ever corruption scandal within the EU, including the detention of the Vice-President of the European Parliament, Eva Kaili, who already acknowledged partially the charges against her. 

It seems that the Brussels-based bureaucracy is still living in a bubble they think it can protect them from all the present and coming geopolitical developments not only internally, in the European Union, but also globally. A great error!.

Austria vetoed Romania’s joining the Schengen area although it met the requirements 11 years ago and Romania’s Accession Treaty to the EU stipulates that Bucharest’s joining the Schengen area should take place within five years from the accession date. It is quite possible that Vienna’s vote represented the options that some other countries might had but lacking factual elements in that respect I prefer not to elaborate.

It is obvious that such a situation proves a fragility of the EU and the fact that at the leadership level of the Union there is not a strong cohesion as the domestic interests of one country may prevail in front of a European Parliament’s decision. In the light of the conflict in Ukraine, this is a signal that can be interpreted as proof of the fact that Russia still enjoys a great power of influence at the European level. 

What else could have happened in Vienna when Austria is among the biggest investors in Romania (more than 12 billion euro and more than 7,500 companies) involving names such as OMV-Petrom, BCR-Erste Bank, HS Timber Production (former Holzindustrie Schweighofer), Immofinanz şi Porr Construct?

Between political reality and nostalgia?


Leaving aside not only Austria’s economic interests but also those of other countries within or without the EU to whom Romania gave away much too easily and in very advantageous conditions for the former, in my opinion, a great part of the riches of the Romanian soil and subsoil thus reaching a point where its decision-making capacity was limited, I notice not only Vienna’s attitude of a former Imperial capital but also a kind of nostalgia. The young Austrian Chancellor should be aware that all through history no empire raised again ever. 

It is in this framework that I notice – somehow surprising – the apologies presented on Monday, December 18, 2022, by the Dutch Prime Minister Mark Rutte on behalf of the Government of the Netherlands for the historic role played by his country in what concern slavery and slave trade in spite of the requests of delaying such an acknowledgement.

Is it possible that Austria pursues a similar path in what concern Romania? 

To this effect, Professor Sorin Ilieșiu addressed recently to the Austrian Chancellor Karl Nehammer an open letter presented below:
 

Mr. Chancellor,

Do you think Romania would ever request Austria to reimburse the damages inflicted by the latter illegitimate occupation of two Romanian territories: Transylvania (between 1691-1918) and Bukovina (between 1774-1918)? Or could ever Austria reimburse Romania the damages inflicted for the exploitation of eleven generations of Romanians (representing in total some tens of millions of people) as well as for its extraction and appropriation of the huge natural resources from the said territories? (Would ever Austria return to Romania the Carpathian gold brought unlawfully to Vienna?)

Do you think Romania could be entitled to request Austria to reimburse the damage inflicted by the “killing in effigy” of the Romanian people by breaking with a wheel or by impalement of tens of leaders of the revolution led by Horea, Cloșca and Crișan (1784-1785), a revolution which, through some of its ideals, inspired the French Revolution that started four years later? We notice that nowhere else at those times in Europe such atrocious executions were still being practiced as those through which Horea and Cloșca were martyrised according to the order given by Austria’s Emperor: “all their bodies’ limbs must be shattered by wheel from toe to head, firstly to Cloșca and then to Horea /…/ and their bodies be chopped up and cut in four, and their heads and body parts be laid on wheels alongside different roads”. At that time, the Imperial House in Vienna appointed Baron Samuel von Bruckenthal as Governor of the Great Principality of Transylvania.

During the 1848-1849 Revolution, 40,000 Romanians died not only for nullifying the illegal union of Transylvania with Hungary but also for “Austria’s triumph”. As a token of “gratitude” and after 18 years, in 1867, Austria’s Emperor dictated Transylvania’s annexation to Hungary, fully aware that such a decision can lead, within around 100 years, to the disappearance of the Romanian people in Transylvania through Magyarization, namely by forbidding the Romanian language, by replacing the Romanian names with Hungarian names and by replacing the “Romanian religion” with the “Hungarian” or the “Austrian” ones. Fortunately, after 50 years, in 1918, the annexation was nullified by the unification of Transylvania with Romania, the mother-country.

Do you think that Romania could be entitled to request to be reimbursed by everything the Romanians endured during the 50 years of terror (1867-1918) as a result of Austria’s decision to annex Transylvania to Hungary?

Regretfully, we have to mention the incredible attitude of the Emperor of Austria in 1892 when he not only declined to receive, let alone to read, the Memorandum for observing the Romanians’ rights in Transylvania. Later on, the Emperor consented to sending to prison of the Romanian leaders, although the Romanians were the most loyal subjects of the Empire for more than 200 years.

Let us not forget that during those two centuries, millions of Romanians from Transylvania and from Bukovina, subjects of the Emperor of Austria, were compelled to fight in the wars of the Austrian and Austro-Hungarian Empire. The Romanians were sent to the frontlines and were considered “ideal soldiers”. In all those wars, the Romanians were the most decorated heroes and those who suffered most losses in battles.

During The Great War, the Romanian soldiers in the Austro-Hungarian army were compelled in an outrageous way to fight against their very brothers from the Kingdom of Romania, although they could have been sent on other fronts.

Do you therefore think that for all these, and for many others, could Austria ever decide to grant Romania moral and material damages?

Last, but not the least, Austria is not allowed to forget that in 1918 the Romanians saved it from the Communist regime. At the end of The Great War, Vienna, Austria’s capital was on the brink of the Bolshevik revolution as the Austrian army was collapsing after losing the war. For preventing the arrival of Communism, Iuliu Maniu, the leader of the Romanians in Transylvania and Ioan Boeriu, a Romanian General (Field Marshal) in the Imperial army (raised to the rank of baronet in recognition of the great victories in the war) requested the War Ministry in Vienna that the military units in Austria, made up mostly of Transylvanian Romanians, come under their command. The request was immediately endorsed and the Romanian army of 160,000 soldiers, almost all Romanians, led by Boeriu and Maniu restored order in Vienna (and soon after in Prague), preventing completely the setting up of the Soviet regime in 1918 in the very heart of Europe (mention should be made of the fact that in August 1918, the Romanian army upon the request of the Allies who were terrified by the danger of Communization of Europe occupied Budapest and wiped out in March, 1919, the Soviet regime set up in Hungary by Lenin’s operative Bela Kun).
 

Professor (PhD) Sorin Ilieșiu, Senator of Romania (2012-2016)

POST SCRIPTUM. I emphasize the fact that the harm done to the Romanians by the Imperial Austria during more than two centuries could not be “equated” in any case with your amending your vote concerning Romania’s joining Schengen area. 

Mr. KARL NEHAMMER
CHANCELLOR OF AUSTRIA
VIENNA

Those who do not know the history are doomed to repeat it with the mention that empires are never born again and, as the great historian of the international relations Jean Baptiste Durocelle said, “tout empire perira”.

Corneliu Pivariu. Photographer: Ionus Paraschiv.
Corneliu Pivariu. Photographer: Ionus Paraschiv.

About the author:

Corneliu Pivariu is a highly decorated two-star general of the Romanian army (Rtd). He has founded and led one of the most influential magazines on geopolitics and international relations in Eastern Europe, the bilingual journal Geostrategic Pulse, for two decades. General Pivariu is a member of IFIMES Advisory Board. 

Published by Ifimes / International Institute for Middle East and Balkan Studies 

Pakistani Art by the North Sea

By Roy Lie Atjam

The Pakistan Embassy in the Netherlands has organized an exhibition of Pakistani contemporary art “PAKART”  in The Hague.

The exhibition runs from 17th December 2022 to 8th January 2023. The grand overture was on 16th December 2022, in the presence of many Ambassadors based in The Hague and persons with interest in art.

H.E. Ms. Dewi van de Weerd, Ambassador for International and Cultural Cooperation, Foreign Affairs Ministry of the Netherlands.

His Excellency Ambassador Suljuk Mustansar Tarar is an aesthete person. He is the publisher of the book All That Art. The book is about vibrant Pakistani art and its global presence and recognizes the work of several artists across different generations – both in Pakistan and abroad.

Moreover, the book looks at art and architecture from an insider and a distance. It is an art critique that narrates individual stories and trajectories of a select group of artists through a  personal lens.

H.E. Ms. Adia Sakiqi, Ambassador of Albania and Dean of the Diplomatic Corps together with H.E. Ms. Sahar Ghanem, Ambassador of Yemen.

Pakistan and the Netherlands will mark 75 years of their diplomatic relations in 2023. PAKART is a Public and Cultural Diplomacy initiative by the Pakistan Embassy in the Netherlands to bring Pakistani art, culture and heritage to the people of the Netherlands.

PAKART exhibition brings the works of twelve renowned Pakistani contemporary artists belonging to three generations showing the depth and breadth of visual artwork done in Pakistan. It includes traditional miniature, painting, landscape painting, printmaking, sculpture, and video installations.

Participants in the exhibition are some of Pakistan’s leading and internationally known: Atif Khan, Bashir Ahmed, Fawad Jafri, Imran Channa, Imran Qureshi, Iram Wani, Jamil Baloch, Naheed Fakhar, Nazir Ahmed, Noor Chagani, R. M. Naeem, and Yaseen Khan.

H.E. M. Abdel Sattar Issa, Ambassador of Lebanon and Ambassador Tarar of Pakistan host of the event.
H.E. Mr. Nasser Ibrahim Mohammad Hussein Allenqawi, Ambassador of Qatar and the Dean of the Diplomatic Corps, the Ambassador of Albania, H.E. Ms. Adia Sakiqi.

Ambassador Suljuk Mustansar Tarar related how the exhibition was curated and the current status of contemporary art in Pakistan. He mentioned different types of work and how contemporary miniature painting from Pakistan has become a global art movement.

He also mentioned the cultural links between Pakistan and the Netherlands and that Pakistani visual artists like others in the world have been inspired by the Dutch masters during their education or careers.

Imran Channa, Pakistani artist.

The artist Imran Channa was present at the exhibition showing three of his works. Two are erased drawings, Pasts in Pencil. Medium: pencil and erasure on paper. Size: 50×76 cm. Year: 2018.

The other work is The Promised Land. Year: 2022. In an interview, Imran recounted it as a three-channel interactive video game installation based on Dutch East Indies Film archives from the Eye Film Museum, Amsterdam.

The artist made each object with Autodesk Maya, Zbrush, Substance Painter, and Unreal Engine 4 and programmed the game. Guests had the opportunity to try their hand.

Furthermore, call it the centrepiece of the show, safely behind the glass was an artwork by Noor Chagani. Title: Pillars of Pakistan, Medium: Concrete. Size: 28.5 x 7.5 inches. Year: 2021.

The Ambassador of Pakistan with H.E. Mr. Arnoldo Brenes Castro, Ambassador of Costa Rica and H.E. Olivier Jean Patrick Nduhungirehe, Ambassador of Rwanda.

Mrs. Dewi van de Weerd, the Dutch Ambassador for International Cultural Cooperation, also spoke at the occasion. She very much appreciated the hosting of the exhibition the Pakistan embassy is leveraging cultural diplomacy.

A Pakistani treat of drinks and snacks was served.

It has been an evening replete with art and colours from Pakistan.

OPCW: CSP-27

By Roy Lie Atjam

CSP-27th session of the Conference of the States Parties convened on 28 November -2 December 2022 for their annual meeting. The Conference of the States Parties oversees the implementation of the Chemical Weapons Convention, promotes the Convention’s objectives, and reviews compliance with the treaty. The Conference is made up of representatives of all Member States of the OPCW, each of which has one vote.

A causerie took place with the chairperson of the CSP-27th session of the Conference of the States Parties, H.E. Mr. Vusi Madonsela Ambassador Extraordinary Plenipotentiary of the Republic of South Africa in the Netherlands. Asked about him occupying the chairmanship of such an august institutionAmbassador Madonsela responded.

“It was a privilege of great distinction for my country, and for me personally, to have been nominated by the Africa Group of States Parties to the Chemical Weapons Convention for elevation to the position of Chairperson of the 27th Session of the Conference of States Parties (CSP) on 28 November 2022. This is a position of enormous responsibility, in which I will continue to serve until the 28th Session of the CSP in November/December 2023. I am humbled by the confidence shown in South Africa’s capability to steer the ship through what many had predicted would be stormy waters. I am eternally grateful to all States Parties, without exception, for their cooperation given to me throughout the Conference and their unequivocal support in the period leading to the conference.

Sitting at the helm of the highest policy decision making platform of the OPCW thrust upon me an opportunity to deepen my knowledge and understanding of the policies of the organisation and, more importantly, cement my appreciation of the rules of procedure of the CSP. I now possess a bird’s eye view of the work of the organisation. I am indebted to the African States Parties for their unceasing encouragement to rise to the occasion. 

The Chemical Weapons Convention is a landmark international legal instrument, being the first to eliminate an entire class of weapons of mass destruction. The Organisation brings together 193 States Parties to the Convention, which could be described as the world’s most successful disarmament treaty. It enjoys almost complete universality – with only four States yet to join it.  

While the almost universality of the Chemical Weapons Convention warrants celebration, the OPCW continues to encourage non-State Parties to ratify it. Despite almost universality of the CWC, the greatest threat of the use of chemical weapons largely emanates from Non-State Actors. This is a matter that the OPCW is seized with, working together with fraternal organisations that collaborate on international efforts against terrorism.  Undoubtedly, the OPCW is a great contributor to a safer world: one free of weapons of mass destruction.“


Takedown of online investment fraud responsible for losses of EUR 15 million      

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With the support of Eurojust, authorities in Italy and Albania have dismantled an online investment fraud involving the use of cryptocurrencies. During an action, EUR 3 million worth of assets were seized. Eurojust supported the judicial cooperation and assisted the authorities in setting up and funding a joint investigation team (JIT).

According to the investigation, the investment fraud was carried out by an organised crime group (OCG) that operated from a call centre in Tirana, Albania. The suspects allegedly contacted victims by telephone using unidentifiable virtual numbers and delocalised virtual private networks (VPNs). They asked the victims to create an account on a portal and, once the transfer had been made, reset the newly created account, embezzled the sum received and made themselves untraceable.

The perpetrators gained the trust of the victims by allowing them to secure an immediate financial gain against a small initial investment. After consulting seemingly reputable online trading platforms, the victims were contacted by alleged ‘brokers’ that proposed advantageous investments in cryptocurrencies with zero risk.

In the second phase of the scam, the perpetrators obtained access to the victims’ personal home banking pages (using PC remote control software) and convinced them to invest their entire economic capital. In the final stage, the victims that uncovered the deception were contacted by other members of the OCG, who convinced them to make additional payments to recover the lost funds.

The total damage caused is estimated at EUR 15 million.

In an action coordinated by Eurojust from 13 to 15 December, precautionary detention orders were executed against the main suspects of the fraud. Thirteen locations were searched in Albania.

In Italy and Albania, more than 160 electronic devices (computers, servers and digital video recorders), 1 mobile phone and EUR 3 million worth of assets (including 11 properties) were seized.  

The case was opened at Eurojust by the Italian authorities in 2020. In addition to supporting the establishment of the JIT and providing it with funding, Eurojust actively facilitated the cross-border judicial cooperation between the national authorities involved. The Agency organised four coordination meetings and a coordination centre during the action.

The following authorities took part in this investigation:

  • Italy: Public Prosecutor’s Office of Pisa; Carabinieri Pisa
  • Albania: Special Prosecution Office Against Corruption and Organised Crime (SPAK); Albanian State Police, Department of Criminal Police, C”Unit-Computer Crime Investigations

Special increase statutory minimum wage from 1 January 2023

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From 1 January 2023, the level of the statutory minimum wage and the youth minimum wage will change. This time, because of inflation and to make work more attractive, the increase is much higher than usual.

minimumloon - social media

From 1 January 2023, for the first time since the introduction of the statutory minimum wage, a special increase will be applied on top of the normal indexation of wages. The aim, according to the government, is both to make work more attractive and to ensure a better living wage. Indeed, many benefits are linked to the level of the minimum wage.

This increase is the first in a series of three. Special increase is also scheduled for 1 January 2024 and 1 January 2025. In addition, there is a proposal, which is also backed by the government, to use a minimum hourly wage as a starting point for the level of the various minimum wages instead of a monthly minimum wage. As this is based on the then applicable minimum hourly wage for a 36-hour week, this will mean an additional increase in the minimum wage for employees working more than 36 hours a week.

Minimum wage

As of 1 January 2023, the statutory gross minimum wage for employees 21 years and older that work full-time will be:

1,934.40  per month
446.40  per week
89.28  per day

Please be informed that the law regarding gross minimum wage is statutory law. Therefore, the gross statutory minimum wage also applies to employment contracts with foreign employees that habitually perform their work in The Netherlands, even in case a choice of law has been made in the employment contract.

Statutory youth minimum wage

AgePercentagePer monthPer weekPer day
20 years80%€ 1,547.50€ 357.10€ 71.42
19 years60%€ 1,160.65€ 267.85€ 53.57
18 years50%€ 967.20€ 223.20€ 44.64
17 years39,5%€ 764.10€ 176.35€ 35.27
16 years34,5%€ 667.35€ 154.00€ 30.80
15 years30%€ 580.30€ 133.90€ 26.78

Part-time

When the working time is shorter than the customary working time, the statutory (youth) minimum wage will be in proportion to the hours worked.

Hourly wage

The hourly wage may vary across the sectors, depending on the number of hours that is agreed upon as the customary working time. The customary working time is defined as the working time which has been agreed upon for full-time employment in a certain sector. In most collective labour agreements the working time of full-time employment is 36, 38 or 40 hours per week.

AgePercentage40 hours38 hours36 hours
21 years and older100%€ 11.16€ 11.75€ 12.40
20 years80%€ 8.93€ 9.40€ 9.92
19 years60%€ 6.70€ 7.05€ 7.45
18 years50%€ 5.58€ 5.88€ 6.20
17 years39,5%€ 4.41€ 4.65€ 4.90
16 years34,5%€ 3.85€ 4.06€ 4.28
15 years30%€ 3.35€ 3.53€ 3.72

About the author:

Jan Dop

Jan Dop is Head of Russell Advocaten’s Embassy Desk, that serves Embassies, Consulates, diplomats and expats. He has been a lawyer at Russell since 1995, and became a partner in 2011.

Escaping Prison of the Past to Architecture the Future

By Pia Poppenreiter

We need principles and values as most issues can only be solved together as a global society!” were the strong opening words of Prime Minister Dritan Abazović, last month in Château d’Aïre, where the lecture series at the Swiss University special Executive Program, concepted and moderated by prof. Anis, continued.

Under the label “Future Leaders”, some 30 plus people from all over the world gathered and had the great honour of welcoming H.E. Prime Minister Abazović from Montenegro in the role of a lecturer at a beautiful castle built centuries ago, with Mount Everest right in front of their eyes. All came to broaden their horizon in politics and international affairs from the serving top executives. 

Many significant matters were discussed throughout the day, with an emphasis on environmental issues and their protection and preservation, as well as positive peace and unity on a local, continental, and global level, something PM Abazović also recently addressed at the UN General Assembly in New York. With the Balkan area having witnessed violence in the form of war not too long ago, but having found peace, they have many lessons to share on how to accomplish precisely that in other parts of the world.

Art helps to bend things, which most people see as a straight line

“We cannot change the past; we can only change the future!” was the PM’s direct appeal to the students: to let go of the old, work on reconciliation and co-create the new. He acknowledges technology and entrepreneurship as positive driving forces for the prosperity of Montenegro and the people living there. The Balkan area in general, is continuously and relentlessly working on maintaining peace and finding further unity in the region, so as to pave the way for their EU membership. 

Apart from Montenegro’s primary income source, which is tourism (miles-long beautiful sand beaches with more than 200 days of sunny weather), the country is taking preservation of its natural habitat seriously. The fact that environmental protection is written into the Constitution already highlights the country as forward-thinking, ready to integrate sustainability into its state’s agenda. 

A snapshot of Montenegro’s Constitution: Putting protection of the environment at the center

In terms of energy policy, Montenegro is betting its future on renewable energy, especially solar and wind, so as to be as energy independent as possible. It strives to do in a non-bureaucratic manner, ways to produce and consume one’s energy, while installing the respective devices to do so. But of course, none of these environmental issues matter in the face of the outbreak of another bigger war, which was mentioned in the context of Montenegro’s membership with NATO. 

It is indeed a scary thought: None of this matters if a country decides to start escalating the ‘words of war’ into the maximum detrimental level – for example, by deploying nuclear weapons or similar ones with a potential for mass destruction, in their war game; leaving  others to choose to respond in a similarly devastating manner. The more mass destruction weapons are produced, the more likely they will be deployed one day in the future. It’s not a conspiracy theory, it is simple math in the form of a probability calculation.

The key question is: Who really wants the continuity of war? And why? 

Instead of world peace, unfortunately, we are heading in the opposite direction. In 2021, global military spending reached $2.1 trillion, rising for the seventh year in a row. 

On the contrary, according to the UN’s 2021 Annual report, the Universal Organisation operates with a budget of some $7.5 billion (per annum) to maintain the International peace and security (which is its core mandate), out of which some $30 million for disarmament – to celebrate, spread and maintain the spirit of peace on a global scale.

This imbalance of resources allocation directed to war instead of peace is highly disturbing. 

Maybe this is the conversation that shall be held in the circles of diplomacy and peacekeeping: to find a better balance between defense and military budget spending of nation-states in contrast to investments in peacekeeping initiatives, which the author assumes is far more desirable by humanity at large. 

A sad reality of war on Earth

Countries currently at war 2022

If world peace is and was the noble, original goal, the status quo is quite upsetting. Now is the time to rethink and re-debate what peace means for us on a local, continental and even, first and foremost a global level. Looking at the number of countries where there is some sort of war, it is valid to ask: 

Do we need a new, true Peace Treaty on a global scale? 

As PM Abazović put it at the end of the day, “War is not the solution … Positive peace is!” at least the author finds that one more peace treaty would do no harm either.

Despite all difficulties we are currently facing as a global society, the day was closed on a happy note by celebrating PM Abazović academic achievements; by the way, he had the chance to study at various prestigious institutions around the world and holds a Ph.D. from the University of Sarajevo for his work titled “Global Politics – Ethical Aspects of Globalization” and a master degree in political philosophy from the University of Montenegro. He also authored two books titled “Cosmopolitan Culture & Global Justice” and “Critique of Global Ethics.” 

For his accomplishments and writings, especially for advancing the rule of law and promoting peace and stability, Prime Minister Abazović was awarded an doctor honoris causa. Within this Executive program, fellows participants are addressed by the current and former heads of state or government, Nobel prize laureates, and key influencers in the world of politics, economy, security, and energy. 

About the author:

Pia Poppenreiter

Pia Poppenreiter is a thinker, entrepreneur, speaker, opinion maker and the stereotypes killer.

ICC Appeals Chamber confirms sentencing decisions

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Ongwen case: ICC Appeals Chamber confirms the conviction and sentencing decisions

Today, 15 December 2022, the Appeals Chamber of the International Criminal Court delivered its judgments, in which it confirmed the decisions of Trial Chamber IX on Dominic Ongwen’s guilt and sentence. In those decisions, the Trial Chamber had found Dominic Ongwen guilty of 61 crimes comprising crimes against humanity and war crimes, committed in Northern Uganda between 1 July 2002 and 31 December 2005, and sentenced him to 25 years of imprisonment.

The Appeals Chamber in these appeals is composed of Judge Luz del Carmen Ibáñez Carranza (presiding), Judge Piotr Hofmański, Judge Solomy Balungi Bossa, Judge Reine Alapini-Gansou and Judge Gocha Lordkipanidze.

The Presiding Judge in this appeal, Judge Ibáñez Carranza, read out summaries of the two judgments in an open hearing in the presence of Mr Ongwen. She highlighted the complexity of the issues raised in this case, some of which are addressed for the first time before the ICC, including the assessment of grounds for excluding criminal responsibility and the interpretation of certain sexual and gender-based crimes.

She also pointed out that this case concerns an accused person who was abducted by the Lord’s Resistance Army (“LRA”) at the age of nine years, trained and integrated as a fighter into the LRA ranks, and that his abduction as a young child and his early years spent in the adverse and extremely violent environment of the LRA brought to him great suffering.

The judges of the ICC Appeals Chamber during the delivery of the appeals judgments on the conviction and sentence in the Ongwen case on 15 December 2022 ©ICC-CPI

In the context of the appeal against Mr Ongwen’s conviction, the Appeals Chamber addressed and rejected the 90 grounds of appeal raised by the Defence. It rejected in this regard the Defence’s allegation of violations to Mr Ongwen’s right to a fair trial and other human rights, as well as its challenges to the Trial Chamber’s findings on Mr Ongwen’s individual criminal responsibility as an indirect perpetrator and as an indirect co-perpetrator, setting out in this regard the parameters of these modes of liability.

In addition, the Appeals Chamber confirmed the Trial Chamber’s interpretation and factual findings concerning sexual and gender-based crimes, including the crime of forced marriage as a form of other inhumane acts and the crime of forced pregnancy. The Appeals Chamber further confirmed the cumulative convictions entered by the Trial Chamber, noting that each provision which has a “materially distinct” element protects different legal interests.

The Appeals Chamber also examined the Trial Chamber’s findings on grounds for excluding criminal responsibility and concluded that the Defence has not demonstrated any error in relation to the Trial Chamber’s findings rejecting the grounds for excluding criminal responsibility by way of mental disease or duress. In relation to the former, the Appeals Chamber confirmed the Trial Chamber’s findings based on the expert opinions of mental health professionals.

The Appeals Chamber confirmed, unanimously, the conviction in this case.

National Day Celebration of The Republic of Romania 2022

By Roy Lie Atjam

On November 29, 2022, the Embassy of Romania The Hague organized a reception dedicated to the National Day of Romania or Great Union Day. The event was at the Photo Museum Den Haag and was attended by Dutch officials, the business community, Diplomats and the Romania diaspora.

H.E. Ambassador Lucian Fătu addressed his guests in Dutch and English.

“ We are together again, after two years of health restrictions that have proven direct interaction to be even more valuable than we thought before.  But this is not, unfortunately, the only, or even the most significant change in our professional and personal lives.  On this National Day, Romanians think back to the day, December 1st 1918, when our modern state was created thru the will of the people.  But today is not about festivism, but about coming together to face common threats to peace, freedom and the fundamental right to life.

Russia’s illegal, unjustified and unprovoked aggression against neighboring Ukraine came as a blow to some of us, as the inexorable end of a fuse to a bomb others were aware of, and as a rallying cry to all of us.  Romania responded firmly and multi-dimensionally in support of Ukraine and its citizens, including thru politico-diplomatic, economic, financial, humanitarian and sectoral efforts.  We stand in solidarity and active support to the Republic of Moldova, one of the worst-hit regional collateral victims of this conflict, by proportional size.

These days are very intense for the Romanian diplomacy.  As we speak, the Foreign Ministers of the NATO countries meet in Bucharest.  For the first time, advanced NATO candidates Finland and Sweden are present as guests.  Special sessions will be attended by Foreign Ministers of Ukraine, Bosnia and Herzegovina, Georgia and Republic of Moldova.  A G7 meeting is hosted in the margins of the NATO Ministerial.  At the same time, high representatives of the Munich Security Conference convene in Bucharest in preparation of this forum’s meeting next February, one year after the start of the Russian invasion.

Let us take a moment and remember, every day, that the only rights we have are those we are ready to defend at all costs.  And we all know that The Hague, city of justice and peace, is one of the focal points where the international community comes together under the flags of the institutions serving these goals, and it is for all of us, with or without diplomatic passports, to come together, look around and think ahead.

To close, let me recognize tonight the human dimension of the Romanian-Netherlands relations, inspired by common values and aspirations and creating the bedrock of our multi-faceted sectoral cooperation.  Each and everyone of the Romanian professionals, students and academics living here for longer or shorter periods of time, each of the many Romanian tourists who visit this country feels connected to the Dutch society and proud to be recognized as EU citizen sharing equal rights and obligations under our common European identity.

I would like to end these brief remarks in the words of one of the pillars of Romanian diplomacy, Nicolae Titulescu, the only twice elected President of the League of Nations: “Europe is no longer a collection of states. It is a state divided into separate parts through administrative measures embodied by frontiers.”  The year was 1922.

Please join me in a toast to peace, freedom and diversity, in honor of Romania, the Kingdom of the Netherlands and the countries here represented!

The United Arab Emirates 51st National Day

By Roy Lie Atjam

The United Arab Emirates Ambassador in the Netherlands, H.E. Jamal Jama Al Musharakh, organised a reception on  28th December 2022 to celebrate the 51st  National Day of his country.

Many Ambassadors, business relations and friends of UAE came to felicitate Ambassador Jamal Jama Al Musharakh, who delivered the following welcome remarks.

“During the past five decades, our nation has continued to reflect the timeless vision of our founding father, the late Sheikh Zayed bin Sultan Al Nahyan.

H.E. Jamal Jama Al Musharakh, Ambassador of the United Arab Emirates.

This has culminated in various milestones, such as:

Bringing the world together at the world EXPO in Dubai, as we collectively confronted the COVID 19 pandemic. Once again, we will welcome the world in the UAE, at COP28 in EXPO city Dubai, during our national day next year. This embodies the legacy of the late Sheikh Zayed bin Sultan Al Nahyan in promoting sustainable development and environmental protection, and our nation’s determination to collectively tackle global challenges such as climate change.

The first visit of the Pope to the Arabian Peninsula in 2019, was in line with our policy to further promote tolerance and coexistence, not only between the over ‘200’ nationalities living in harmony, in our inclusive society, but also worldwide. And the Abraham Accords a year later demonstrated the significance of looking past differences, and building upon similarities.

Our ambitions have even gone as far space, with our various space missions aimed at developing partnerships and investing in research and development.

We believe that peace and prosperity go hand in hand and, thus, the UAE under the wise leadership of His Highness Sheikh Mohammed bin Zayed Al Nahyan President of the United Arab Emirates, will continue to build bridges, promote dialogue and de-escalation, and foster stronger economic ties.

We also celebrate our 50 year anniversary of diplomatic relations with The Netherlands this year, and will continue to work together toward strengthening our partnership on topics of mutual interest such as climate change and sustainability, our joint economic endeavors through setting up a joint economic committee, and the promotion dialogue and diplomacy.”

Mr. Marc Gerritsen, Director of the Middle East and North Africa Department, Ministry of Foreign Affairs during his impressive speech in Arabic, UAE National Day.

The next speaker was Mr. Marc Gerritsen, Director of the Middle East and North Africa Department, Ministry of Foreign Affairs. Gerritsen spoke in Arabic and English, which was appreciated by the Arabic-speaking attendees. It was impressive.

The cultural part of the evening was Emirati traditional songs and dances performance by the renowned folk group “Almazyood Alharbia Band”.