ICC and Ireland sign a Memorandum of Understanding

ICC and Ireland sign a Memorandum of Understanding on voluntary contributions to three important trust funds of the Registry

On 5 December 2022, on the margins of the twenty-first session of the Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (“ICC” or the “Court”), the Registrar of the International Criminal Court, Mr Peter Lewis, and the Acting Legal Adviser of the Department of Foreign Affairs of Ireland, Mr Declan Smyth, signed a Memorandum of Understanding (“MoU”) establishing the terms and conditions governing contributions made by Ireland to support the following ICC trust funds managed by the Registry: the Special Fund for Relocations, the Trust Fund for the Development of Interns and Visiting Professionals and the Trust Fund for Family Visits.

“I am extremely grateful for the generous support from the Irish authorities to the work of the Court and of the Registry in three crucial areas. It will contribute to the efficient implementation of the Court’s mandate in the areas of protection of witnesses and family visits to the ICC’s indigent detained persons, as well as to ensure geographical diversity amongst its interns and visiting professionals”, said ICC Registrar Peter Lewis.

With this MOU, a significant contribution will go to the Special Fund for Relocations. This Trust Fund is set up to manage donations from States to relocate witnesses in third countries through a cost neutral arrangement. This Fund allows States, who are able to donate some money towards relocations, to support those who are willing to receive relocated witnesses, but lack the financial means to do so. The donation will allow the Registry to support the relocation of several witnesses and their family members.

Another part of the donation will go to the Trust Fund for the Development of Interns and Visiting Professionals. This Trust Fund was established with the aim of providing funded internship and visiting professional placements to nationals of developing countries that are States Parties to the Rome Statute. The Trust Fund therefore contributes to the Court’s efforts to increase geographical representation and to give fair opportunities to all individuals willing to work at the Court.

Finally, a third part of the donation will be provided to the Trust Fund for Family Visits. This Fund contributes to protecting the right to and respect of family life for all indigent persons detained at the ICC Detention Centre. It ensures that during their time in detention, which usually spans over several years, indigent detained persons are able to receive visits from their nuclear families, who lack the means to afford such visits and travel.

The Ambassador of Ireland to the Kingdom of the Netherlands, Mr Brendan Rogers, said: “International justice is a profound idea, but many practical steps are required for its achievement. With these contributions Ireland will enhance key support functions at the ICC so that the Court can focus on delivering justice for victims of the most heinous crimes. Ireland is proud to contribute The Special Fund for Relocations, the Trust  Fund for Interns and Visiting Professionals and the Trust Fund for Family Visits. We encourage all States Parties to consider how they can use voluntary contributions to complement the work of the Court.”

ICC Policy on the Crime of Gender Persecution

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The Prosecutor of the ICC, Karim A.A. Khan KC Publishes Policy on the Crime of Gender Persecution

Today, I am launching the new Policy on the Crime of Gender Persecution that will guide my Office in its fight against impunity for sexual and gender-based crimes. With this initiative, I believe we are taking a significant stride towards fulfilling my promise to address sexual and gender-based crimes in a more systematic and effective way.

If we are to deliver justice for victims and ultimately break cycles of gender-based violence, we must first comprehend the discrimination that fuels these egregious acts. We must also recognise the complex nature of victimisation. Only then can we successfully advance accountability for the crime against humanity of persecution on the grounds of gender under the Rome Statute. I am firmly committed to ensuring that my Office systematically addresses sexual and gender-based crimes, and takes a deeper and more focused approach to investigating and prosecuting gender persecution. This latest policy paper initiative is another commitment to this necessary objective.

This new Policy takes a comprehensive approach to sexual and gender-based crimes that may amount to the crime against humanity of persecution on the grounds of gender (gender persecution). It recognises all of its victims, namely women, girls, men, boys, including/and LGBTQI+ persons. It also recognises that acts or crimes of gender persecution may include, but are not always manifested as, forms of sexual violence or any physical violence or physical contact. They may include psychological abuse. They may also take forms other than physical injury to persons, including acts such as cultural destruction or confiscation and prohibition of education for girls. 

Accountability for gender persecution crimes can help to disrupt the normalisation of institutionalised gender discrimination and violence. By promulgating this Policy, my Office signals its commitment to ensuring that in all our future cases we properly reflect the specific facts and evidence. We will do this by charging gender persecution and persecution on any other ground where it exists. To this end, I will ensure that this Policy is effectively implemented.

I am particularly grateful to Professor Lisa Davis, my Special Adviser on Gender Persecution who led the drafting of this Policy at my request. Complementing and building on the 2014 Policy Paper on Sexual and Gender-Based Crimes, this new Policy will help to further promote accountability, transparency, and predictability in the Office’s work in this crucial area. The Office has already taken steps in this direction, first confirming the charge of persecution on grounds of gender (and religion) in the case of Prosecutor v Al Hassan.

It was vital for me that the Policy be informed by the voices of staff and external actors, especially those with valuable experience addressing gender-based violence. Critically, we sought to ensure the voices of the victims of such crimes are reflected in our new approach. Taking direction from my initiative to strengthen engagement with civil society, the Policy was developed through an extensive year-long consultative process, engaging staff, civil society and affected communities. I want to thank the more than 500 organisations, institutions, States, UN experts, independent experts, activists, survivors, scholars, and academics, representing over 100 countries and territories who provided input. Their comments signal the importance of developing this Policy.

I am positive that this new approach will allow my Office to increase transparency, clarity, and predictability in the application of the legal framework. I look forward to taking the next necessary steps to expand cooperation, broaden accountability for gender persecution, and enhance the Rome Statute’s preventive impact in relation to gender crimes.

Art Work Returned to Vietnam in Collaboration with Vietnam Embassy The Hague

By Roy lie Atjam

The Embassy of the Socialist Republic of Viet Nam in the Netherlands organized a ceremony for the donation of two art objects from the personal collection of Mrs. Ellen Berends, a retired diplomat who served in Vietnam. The ceremony took place at the Chancellery of Vietnam in The Hague on 17th November 2022.

During her stint in Hanoi – Vietnam (1997 – 2002) Mrs Berends acquired two artworks by the Vietnamese artist  Phung Phâm (1) a Lacquer painting on wood of a standing woman in traditional dress entitled “Proud” (“Tự Hào”) and (2) Lacquer painting on wooden folding screen entitled “Love Kisses”.

However, Mrs. Ellen Berends has decided to donate the two works of art to the Vietnam Museum of Fine Art and the people of Vietnam. According to Berends, the works are part of the Vietnamese cultural property. A noble and generous move indeed. Bravo!                    

Former Dutch diplomat in Vietnam Ms. Ellen Berends.

                                        

Ambassador Pham Viet Anh and Ellen Berends during the ceremony for the donation of two artworks by the Vietnamese artist  Phung Phâm from Ms Berends personal collection. The two pieces will be part of the Vietnam Museum of Fine Art’s collection.

Mrs Berends recounted how she came across the two works and ultimately purchased them. She had to do some savings before buying the objects. She has never regretted buying them, the pieces accompanied Berends on all postings abroad she has had over the years.

The Ambassador of Vietnam H.E. Mr. Pham Viet Anh took a keen interest in the dossier, and despite some minor hiccups, he facilitated an appropriate and smooth transfer.

Former Dutch Ambassadors Ellen Berends and Monique Frank.
Mrs. Le Thi Hien Anh, Vietnam’s Ambassador spouse, Ms. Vo Thi Ngoc Diep, Commercial Counsellor – Head of Trade Office, Arjen IJff, a Dutch designer who was born in Vinh Long province (Viet Nam) and Mrs. Thi Lan Huong Nguyen from the Embassy of Vietnam.

After the signing of the deed and other documents, witnessed by friends of Vietnam, the diaspora, and Dutch government representatives notably Ms. Dewi van de Weerd, Ambassador for International and Cultural Cooperation at the Dutch Ministry of Foreign Affairs and Ms. Margriet Kim Nguyen, Policy Officer International Affairs at the Department for Heritage and Art, Ministry of Education, Culture and Science; Ambassador  Pham Viet Anh, lauded Mrs. Ellen Berends and expressed his government’s gratitude for the generous donation. Also present, the former Dutch Ambassador to Vietnam Ms. Monique Frank.

The two works will soon be on their way back home, to Vietnam!

Le Procureur de la Cour pénale internationale présente son Rapport annuel


Aujourd’hui, mon Bureau présente son premier rapport annuel intitulé « Avènement d’un monde plus juste : un effort de tous les instants ». La publication de ce rapport est le reflet de mon engagement à accroître la transparence des activités de mon Bureau et à renforcer le dialogue avec les parties prenantes que la lecture du rapport pourrait intéresser, qu’il s’agisse des communautés touchées, des autorités étatiques, de la société civile, des organisations internationales ou de nos partenaires régionaux et internationaux.

Au travers de ce rapport annuel, nous entendons rendre compte des progrès accomplis, des difficultés rencontrées et de la stratégie mise en œuvre en fonction des priorités que nous nous sommes fixés. Cet exercice de réflexion nous a permis de dresser le bilan des initiatives entreprises et des événements survenus entre le début de mon mandat et la fin du mois de novembre 2022.

J’espère que cette publication permettra de mieux faire comprendre les activités qui ont été entreprises en exécution du mandat dont nous sommes investis ainsi que le changement institutionnel et culturel amorcé au sein de notre organisation. Sans être exhaustif, le rapport annuel couvre un large éventail de sujets tels que les efforts déployés pour mener encore plus d’activités sur le terrain, le recours aux technologies, la mise en place de partenariats avec la société civile, la réorganisation du Bureau et notre volonté d’insuffler plus de dynamisme à la complémentarité.

J’ai conscience que nous ne pourrons pas mettre en œuvre cette vision du changement positif si nous fonctionnons en vase clos. Comme je l’ai déjà dit à plusieurs reprises, l’une des principales priorités de mon Bureau consiste à entretenir un dialogue plus soutenu avec l’ensemble de nos partenaires tels que les survivants, la société civile et les autorités nationales. La CPI n’a pas vocation à devenir la plus haute instance judiciaire mais plutôt une plaque tournante pour la coopération et les échanges, et mon Bureau entend jouer son rôle pour traduire concrètement cette aspiration et lui accorder tout son sens.

Ce rapport est le tout premier du genre à être publié par mon Bureau. Je ne doute pas qu’il serait possible d’en améliorer certains aspects et nous tenterons de le faire dès l’année prochaine. Cela étant, il s’agit là d’un effort sincère visant à améliorer notre visibilité auprès de tous nos partenaires afin qu’ensemble, nous puissions tenir nos engagements. Nous vous remercions de bien vouloir nous faire part de vos commentaires sur la façon dont nous pourrions l’améliorer.

Le travail assidu de l’ensemble du personnel de mon Bureau au cours des 18 derniers mois m’emplit d’espoir et d’optimisme mais je suis bien conscient qu’il reste tant à  faire pour répondre aux attentes légitimes des survivants et des familles des victimes et que nous ne devons pas relâcher nos efforts. Nous poursuivrons dans la voie sur laquelle nous nous sommes engagés il y a un an et demi afin d’atteindre l’objectif que nous partageons : mettre un terme à l’impunité pour les crimes internationaux. Notre capacité à changer le cours des choses dans la vie des personnes qui nous accordent leur confiance et comptent sur nous permettra d’évaluer l’efficacité de notre action.

Nous continuerons à nous acquitter en toute impartialité et en toute intégrité du mandat qui nous a été confié, avec un dévouement et un respect sans faille, à chaque instant.

21st session of the Assembly of States Parties opens in The Hague

The twenty-first session of the Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC) opened today at the World Forum Convention Center in The Hague, The Netherlands. The session is scheduled from 5 to 10 December 2022. 

At this session, in The Hague, States Parties to the Rome Statute, observer States, invited States, international and regional organizations and representatives from civil society will discuss key challenges facing the Statute. States Parties will also adopt resolutions on important issues pertaining to the functioning of the Court and the Trust Fund for Victims (TFV), including on their respective budgets, on cooperation and the recommendation on the Election of the ICC Registrar.

Calling for the renewed support to the Court, H.E. Silvia Fernández de Gurmendi, President of the Assembly of States Parties, stressed its “vital role in the international legal framework to ensure the accountability of perpetrators of atrocity crimes and bring justice to victims. The increased cooperation of States Parties and the promotion of the work of the Court are essential to achieve the global aspirations of the Court’s mandate.”

The President of the Court, judge Piotr Hofmański, emphasised that the Court was ending an exceptional year: “The Court’s workload reached unprecedented heights, with new trials as well as new investigations. We celebrated the ICC’s 20th anniversary, a mark of significant maturity for our institution. And we returned to full physical presence at the Court’s premises. …The demands and expectations toward the ICC may be higher today than ever before. And the Court is responding to these expectations with fullest dedication.” The President also called for enhanced cooperation from States with the Court and an increased budget: “It is critically important to build capacity now so that we can cope effectively with the workload that awaits us. We need a sufficient and balanced regular budget for that purpose,” he stated. The President also mentioned the importance of making the ICC system more universal: “Many non-party States are present in this room today – I call upon you all to take steps toward joining the Rome Statute without delay.”

ICC Prosecutor Karim A.A. Khan KC stated: “At this moment, almost 25 years on since Rome, we need the law and the International Criminal Court more than ever. In 2022 my Office has implemented significant changes to make us more agile, field-focused and increase our capacity to partner effectively with survivors and impacted communities. While there are still many challenges to address and overcome, the progress we have made in implementing this vision is testament to the commitment and dedication of all members of the Office. I believe we now stand ready to deliver more effectively for survivors and the families of victims”. 

Prosecutor Khan also underlined the need to deepen partnerships to render collective work towards justice more effective: “My time thus far as Prosecutor has shown again and again that we will only achieve the true promise of the Rome Statute by working together, across all actors. The Assembly of States Parties is an opportunity for us to convert the words of justice, and the important words of support for the Court we have heard this year, into concrete action that can be felt by those who look to this Court for the vindication of their basic rights”.

The Chair of the Board of Directors of the Trust Fund for Victims, Minou Tavárez Mirabal, stated: “This Board of Directors has strongly pushed for better communication and visibility about its numerous programmes and for increasing fundraising efforts. Based on the fundraising strategy presented to the Board in July 2022, the Trust Fund for Victims has developed its new Strategic Plan 2023 to 2025. The new strategy makes use of the TFV’s strongest asset: The Trust Fund for Victims and the Court together are the pillar of reparative justice of the Rome Statute. Together we can work to put in place transformative reparations for and with victims. Together we can mitigate the negative effects of Rome Statute crimes for the next generations. Together we can work for peace and stability. We call upon all States Parties to consider providing additional voluntary contributions, including development funding for the benefit of victims and their families.”

The ICC, governed by the Rome Statute, is the world’s first permanent, treaty-based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community, namely crimes against humanity, war crimes, genocide, and the crime of aggression. In accordance with article 112 of the Rome Statute, the Assembly is the management oversight and legislative body of the ICC. It is composed of representatives of the States that have ratified and acceded to the Rome Statute.

The Chakra Piano Lessons

By Alexandra Paucescu

Get a vision and get strong!

That’s one life motto by which Elaine Engelbrecht lives her life these days. When you are in the diplomatic world, you certainly need to get strong. Frequent relocations, new environment, uncomfortable situations… they’re all part of a not very well known picture. And the stress… let’s not mention the stress of any international move… Elaine tells me: ‘as a nomad by heart, I’m always excited about the next adventure at the horizon, as this kind of life offers many opportunities to travel and to be exposed to new cultures, but the other side of it is packing up and saying goodbye to nice people you’ve met in different places. It’s always hard to start all over again’.

She’s South African by birth and Dutch by marriage; she has lived and worked in Taiwan, Libya, The Netherlands, China and Pakistan, so you could say she is a true citizen of the world and an expert in relocation and reinvention. ‘My educational background includes a bachelor’s degree in music, a TEFL certification to teach English as a foreign language, a Postgraduate in Education, and I’m currently studying towards a second bachelor’s degree in English education and becoming a certified copywriter’, she says.

Elaine and her husband, Ajen

But this life takes its toll on everyone, while also opening up new windows of opportunity for those sharp enough to notice them. After moving back to the Netherlands, from a diplomatic mission to Pakistan, with her husband, Arjen and their two dogs, Lara and Sparky, she suddenly started getting unexplained bad lower back pain which often woke her up in the middle of the night.

She recalls: ‘I’d have to take pills just to get back to sleep. So, I turned to ‘Google doctor’ and found all kinds of scary diagnoses, from kidney stones to cancer. Thankfully, I also found an article about the connection between my symptoms and root chakra imbalance and I decided to give the suggested healing advice a try. To rebalance the root chakra, one must reconnect with nature and listen to singing bowl music, tone C.  After only 4 days of doing so, the pain was gone!’

She had healed herself and then thought:  ‘why not apply this concept to piano learning?’  And so, she created the Chakra Piano books, a holistic program for young beginners (available on Amazon*). She confesses that ‘writing has always been a creative and therapeutic outlet. In 2015 I wrote a fantasy adventure chapter book, which received a publishing offer from Oxford University Press in early 2020. Unfortunately, due to COVID-related budget cuts, things did not work out after all but I’ll be self-publishing the series before the end of the year instead.

I feel the happiest when I’m creating something.’ … So, she created also a Facebook group called ‘Creative Diplomatic Spouses’. ‘I thought a group like this could be a nice platform for us, creatives, to promote our work, since so many of us are doing such things like beautiful cakes, cards, table decorations, books or paintings.  Secondly, I thought the group would be a great place where creatives could connect. For example, if a writer is looking for an illustrator, why not ask in the group? ‘

She is full of nice ideas and diligently puts them all into practice. She is a teacher, a writer, holds a blog and she is also a student again. She advises other spouses to be unafraid to speak up about their prior training and future career goals. She thinks that, especially after Covid days, many have become more aware of the possibilities to work remotely or to start up mobile careers. Preparing for a portable career or studying something during a posting, joining a local activity group or NGO, volunteering for a cause one cares about… these are all options that we can take to help us stay active, career relevant, satisfied and fulfilled.

She says that ‘life in a new country can be a bit unstable in the first 6 months’. Her advice? ‘Keep it simple—eat, sleep and exercise. Learn to cook a great three course meal’. I would add: ‘Don’t lose your faith and optimism’.

But, as you live year after year of a diplomatic life, you gradually learn to increase your confidence, expand your knowledge, expertise and adaptation tools.

One last piece of advice from her in the end… ‘Stop shrinking to fit places you’ve outgrown’.

Indeed, the sky is our limit.

* If anyone is interested in Elaine’s books, find them here: https://www.amazon.de/Chakra-Piano-Course-Beginners-Band/dp/B0B92R1M41/ref=sr_1_1?crid=1RHY9YWVEPOUU&keywords=chakra+piano&qid=1668019954&sprefix=chakra+piano+%2Caps%2C112&sr=8-1

And if you want to start writing or blogging, she recommends courses offered by the College of media and publishing (https://collegeofmediaandpublishing.co.uk/).

Oxford University also offers a great selection of adult education courses. (https://www.ox.ac.uk/admissions/continuing-education)

About the author:

Alexandra Paucescu


Alexandra Paucescu-
 Author of “Just a Diplomatic Spouse” Romanian, management graduate with a Master in business, cultural diplomacy and international relations studies.

She speaks Romanian, English, French, German and Italian,  gives lectures on intercultural communication and is an active NGO volunteer.

Czech Republic and International Criminal Court sign an agreement on Witnesses’ protection

On 2 December 2022, H.E. Kateřina Sequensová, Ambassador of the Czech Republic to the Kingdom of the Netherlands and the Registrar of the International Criminal Court (“ICC” or “the Court”), Mr Peter Lewis, signed a cooperation agreement on the protection of witnesses at the seat of the Court.

“We are extremely grateful for the voluntary cooperation of the Government of the Czech Republic. The agreement after its entry into force will provide a framework which will allow the protection of some of the witnesses who decide to testify before the Court,” ICC Registrar Peter Lewis said. “We are looking forward to the signature of similar agreements with other states, thus moving from words to deeds and making the justice advocated by the ICC a tangible reality,” he added.

Ambassador Sequensová, signing on behalf of the Czech Republic, stated that “Without witnesses, there will be no trials, no justice for the victims. By signing the relocation agreement,  the Government of the Czech Republic wishes to contribute to the fight against impunity for the most serious crimes under international law and reaffirms its support to the Court and its work. We acknowledge that victims and witnesses are at the heart of Rome Statute and its system making it a true victims’ court.”

The ICC offers protection to persons at risk because of their engagement with the Court. Agreements on witnesses’ protection are in principle confidential, unless the State decides otherwise, and are necessary to ensure the success of this protection and to allow witnesses to safely present their testimonies to the ICC Judges.

The Commitment of the US Intelligence to Human Rights

By Marco Pizzorno

It all started in room 3603 of the Rockefeller Center, where the one who Gen Dwight D. Eisenhower, cited as “the last hero,” created an intelligence program that would later become the world’s largest security services agency and US information source.

It was 1941, the Second World War had revealed the atrocities and shame of racial policies that continued to destroy innocent lives. Europe was stunned. In an attempt to block the perpetration of genocide, and to safeguard the protection of people and their dignity, President Roosevelt signed an order appointing an Assistant Attorney General to Information Coordinator (COI).

The name of this hero was William J. Donovan, who history will remember as the protagonist of countless operations aimed at restoring freedom and democracy to many western nations. Donovan worked hard to train the information service and was the source of important international collaborations. His efforts were so effective that the government changed the name of the COI to the Office of Strategic Service.

William J. Donovan, 1928. George Grantham Bain Collection/Library of Congress, Washington, D.C. (Digital File Number: cph 3c09385)

Today, the official website of the US Department of Justice clearly explains the moment of that transition, that is when the US presidency declared the existence of the OSS.

The Office of Strategic Service turned out to be an extraordinary organization committed to the fight against evil, which worked assiduously for international justice and subjected criminals to the law, even paying with their own blood, thanks to the sacrifice of the lives of many of its agents.

The text of the official website of the Department of Justice, in fact, quotes verbatim:

President Roosevelt issued an order to replace the COI with the Office of Strategic Services (OSS) and appointed Mr. Donovan as its director.

During World War II, the OSS focused on gathering crucial information on members of the Third Reich. Mr. Donovan’s knowledge and experience was vital to the initial investigation into the Nuremberg Trials, where he was appointed Assistant Chief Prosecutor Robert Jackson”.

The battle of William J Donovan and the OSS to bring war criminals to justice.

When the war ended, the British and American governments did not seem intent on prosecuting war criminals. It would seem, in fact, that it was Donovan himself who insisted so much on the establishment of criminal proceedings that led President Truman to then give the order to collect all the technical elements useful for organizing these trials.

Supreme Court Justice of the time R. Jackson was in charge of war criminals. The magistrate’s office realized that the OSS was the only agency to have worked on the matter, so much so that it invited Donovan to be part of the court’s work.

Donovan’s extraordinary work made it possible to gather information from Auschwitz survivors. This fact traced sensitive documentation on the SS and the Gestapo.

The Office of Strategic Service moves 172 officers into the Judge’s investigation team who proved instrumental in the indictment evidence and what went down in history as the most important war trial.

The OSS continued its relentless work of safeguarding human rights even after the Second World War. It can be referred to, in fact, when we research the history of the United Nations emblem. The architect Lundquist, captained the OSS team that created the emblem while different sources explain, instead, that Donal McLaughlin, also an OSS official, worked on the graphics of the conference and finalized the design of the pin and currently the logo United Nations official.

Today, as then, history repeats itself and American intelligence still seems to work tirelessly to ensure the West and the whole world those guarantees that make peoples free from autocratic regimes. These efforts go well beyond a departmental service, in fact they allow peoples the freedom to express themselves, but above all to exist and be able to “disagree”, the possibility of hoping and dreaming of a better future and pursuing happiness because it is in its inspiring principles and it is an inalienable right declared by the Congress of Philadelphia on July 4, 1776.

For this reason, it would be important to reflect on how precious the work of the OSS has been and how much that of the current US agencies that monitor respect for human rights is today. and on the attacks against that democracy that makes everyone equal without any distinction of race, ethnicity, political affiliation, birth and religion.

Moscow State University celebrates its 270th anniversary

«Lomonosov was a great man. He created the first university; it is better to say, he himself was the first university» – Alexander Pushkin (Russian poet)

In January 2025 Lomonosov Moscow State University will celebrate 270 years. Preparations are underway for a large celebration of this major event. The festivities will begin in 2023. The international programme includes research conferences, exhibitions and science festivals.

We believe that meetings between the international alumni of Moscow State University from many countries and generations will bring back the best memories of student life in Russia in an atmosphere of friendship and mutual understanding. It also presents an occasion to discuss the current topical issues. Moscow State University alumni have always been and remain the intellectual elite of Russia and other countries, demonstrating high standards of Russian education.

Moscow State University was founded in 1755 and is rightfully considered the oldest Russian university. The establishment of a university in Moscow became possible due to tireless efforts of the outstanding scientist, the first Russian academician Mikhail Vasilyevich Lomonosov (1711-1765) after whom it was later named.

Mikhail Lomonosov – Russia’s most famous and most impressive polymath – was a scientist, geographer, writer, historian and poet. Coming from a peasant family in Russia’s far north (Arkhangelsk region), he was taught to read by a neighbor and had devoured every book in his village by the age of 19, when he walked to Moscow to attend school. He studied in Moscow and Saint-Petersburg before receiving an Academy of Sciences grant to study abroad. He spent almost five years studying in Germany at the University of Marburg (where he learnt philosophy, chemistry, other sciences and theology), and visited the Netherlands in 1740, where he stopped over at Leiden University.

Upon his return to Russia he made a proposal to establish a University in Moscow, thus starting a new tradition of modern high education in Russia. In accordance with the plan of M. Lomonosov, 3 faculties were formed at the University: philosophy, law and medicine. All students began their studies at the Faculty of Philosophy, where they received fundamental knowledge in the field of natural sciences and humanities. Education could be continued in the field of law, medicine or philosophy. Unlike European universities, Moscow University did not have a theological faculty. The reason for this is that Russia already had a special system of education for preparing priests of the Orthodox Church. The professors taught not only in Latin – the commonly recognized language of science at that time – but also in Russian.

In the first half of the 19th century, Moscow University played a leading role in the public life in Russia. The traditions of free-thinking were promoted by the student circles of which V. Belinsky, A. Herzen, N. Ogarev and N. Stankevich were part. Nearly 1,500 students studied history and philology, physics and mathematics, law and medicine at the MSU at that time.

In the first half of the 20th century, the university was one of the centers of advanced scientific knowledge and spiritual life in Russia. The names of prominent Russian thinkers of the late 19th – early 20th centuries are associated with it: V. Solovyov, V. Rozanov, S. Bulgakov, P. Florensky. Famous figures of the leading political parties of Russia studied or taught at the university.

After the Second World War the need for enlargement of the University became apparent. In the late 1940s and early 1950s new university buildings were constructed on Lenin (now Vorobyevy) Gory. On September 1st, 1953, they opened their doors to students.

Lomonosov Moscow State University has become a major international university preparing undergraduate and graduate students. One of the first preparatory faculties in our country to teach Russian to foreign students (now it is called the Institute of Russian Language and Culture) was established in 1959 at the university.

Today Lomonosov Moscow State University is the largest classical university in Russia. MSU has 41 faculties, 40 research institutes, a Medical Research and Education Center, a Scientific Library, 4 museums, a Botanical Garden and a Science Park. It has branches in other cities in Russia and abroad. The total area of ​​the MSU campus on «Vorobyevy Gory» in Moscow is 1,200,000 square meters. The campus territory can be compared to a city within a city – there is everything a student needs: libraries, reading rooms, lounges, printing services, post office, laundries, a beauty salon, hairdressing salons, first-aid posts, a pharmacy, canteens, cafes, grocery stores, gyms, swimming pools, stadiums, courts, bicycle and roller skate rental, parks and car parks.

Lomonosov Moscow State University is also the leading scientific center of the country. In 2021, 7 scientific and educational schools were established at MSU: “Fundamental and Applied Space Research”, “Preservation of the World Cultural and Historical Heritage”, “Brain, Cognitive Systems, Artificial Intelligence”, “Molecular Technologies of Living Systems and Synthetic Biology” , “Mathematical methods for the analysis of complex systems”, “Photonic and quantum technologies. Digital medicine”, and “The future of the planet and global environmental changes.”

As one of the pillars of fundamental education, Moscow State University has made a significant contribution to developing international humanitarian cooperation, bringing up a constellation of outstanding scientists and scholars, state persons, politicians and public figures holding various posts in foreign countries.

Nobel laureates, laureates of the State Awards of the USSR and Russia have worked and are still working at Moscow State University. Among Russian Nobel Prize laureates, eleven were graduates or professors of the MSU. Students of Moscow State University won multiple Russian and international awards in various subjects, and its graduates are in high demand both on the Russian and international labor market.

We invite all interested parties to take part in the celebration devoted to the 270th  anniversary of Lomonosov Moscow State University.

Employees working from home: 6 points employers should keep in mind

For many employees, their homes have become a second workplace, while some employees even work from home permanently. What do you as employer have to keep in mind when offering your employees the opportunity to work (partly) from home? We have listed 6 focus points for you.

1) Health and safety legislation

As an employer, you have to provide a safe and healthy workplace. This duty of care also applies to working from home, although this is subject to fewer rules than office work. For example, you must provide an ergonomically furnished home office for your employees. This also means that if your employees do not have appropriate supplies (such as a good office chair), you must provide these to your employees.

You must therefore check whether your employee’s home office is suitable (e.g. with a checklist) and instruct employees on how to work safely and healthily at home (e.g. with an instruction on ergonomic adjustment of their desk and on a healthy sitting posture).

2) Right to working from home?

Perhaps employees ask you to work partly or permanently from home, but you are not sure whether you want to allow this. Do you have to agree to such requests? Working from home is not (yet) a legal right. Currently, employees can request to work from home under certain conditions, but the employer only has to consider this request.

Earlier this year the Lower House approved the ”Work Where You Want” Act. If this legislative proposal is also passed by the Senate, a request to work from home may be rejected in fewer cases. In short, an employer then will have to prove that the employer’s interests outweigh those of the employee.

3) Information security

For employees working from home, the line between private and work can blur. As a result, company documents may be taken home or forwarded to private devices. Other family members may also be able to listen in on a confidential telephone conversation. It is therefore important to think carefully about and agree with your employees on how company data – in line with the GDPR – is protected.

Incidentally, the question may arise whether you are allowed to monitor your employees while working from home, e.g. through tracking software. Here, it is important to realise that because of the right to privacy, this is only allowed within limited frameworks.

4) Allowance for working from home?

When your employees work from home, they incur additional costs (such as for electricity). You can compensate for these costs by paying a home working allowance. However, providing such an allowance is not mandatory. This may be different, however, if a collective agreement is in force. In fact, some collective agreements stipulate that employees are entitled to a home working allowance. As the government wants to encourage working from home, this allowance is tax-free up to and including EUR 2 per day. This amount will be increased for 2023.

5) Home working policy

If you are going to allow structural home working, it is wise to draft a home working policy and include it in your employee handbook. This can contain clear arrangements on working from home: how often and from which location(s) may an employee work from home and what about the (un)availability of your employee? It can also include arrangements about the aforementioned topics, such as workplace furniture and security.

6) Employee participation

Finally, keep in mind that the works council also plays a role in the context of working from home. For instance, the works council has a right to consent when introducing or changing a home working policy. A home working policy may also be subject to the right to give advice in some respects, e.g. if it results in a significant investment for the benefit of the company.

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.