ICC Prosecutor to commence an investigation about the Situation in the Republic of the Philippines

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ICC Prosecutor to commence an investigation about the Situation in the Republic of the Philippines

Statement of the Prosecutor of the International Criminal Court, Karim A. A. Khan QC, following judicial authorisation to commence an investigation into the Situation in the Republic of the Philippines

On 15 September 2021, Pre-Trial Chamber I authorised my Office to commence an investigation into the Situation in the Republic of the Philippines.

In my Office’s 24 May 2021 Request, the Prosecution sought authorisation to commence an investigation in relation to crimes within the jurisdiction of the International Criminal Court (“Court” or the “ICC”) allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the “War on Drugs” campaign, as well as any other crimes falling within the jurisdiction of the Court, which are sufficiently linked to these events. The Chamber emphasised that, “based on the facts as they emerge at the present stage and subject to proper investigation and further analysis, the so-called ‘war on drugs’ campaign cannot be seen as a legitimate law enforcement operation, and the killings neither as legitimate nor as mere excesses in an otherwise legitimate operation.”

In their ruling, the Judges of Pre-Trial Chamber I accepted that there is a reasonable basis to believe that the crime against humanity of murder appears to have been committed. The Judges also noted, as my Office did in its Request, reports of torture and inhumane acts, imprisonment or other severe deprivation of liberty, enforced disappearance, and sexual violence. The Judges authorised my Office to investigate such other crimes, as long as they remain within the parameters of the authorised investigation.

While the Philippines’ withdrawal from the Rome Statute took effect on 17 March 2019, the Judges of the Pre-Trial Chamber confirmed my Office’s position that the Court retains jurisdiction with respect to alleged crimes that occurred on the territory of the Philippines while it was a State Party, from 1 November 2011 up to and including 16 March 2019.

My investigation will seek to uncover the truth and aim to ensure accountability.  We will focus our efforts on ensuring a successful, independent and impartial investigation. In doing so, we aim to bring justice to the victims and affected communities, and count on the support and cooperation of States Parties, civil society and other partners.

As we undertake this necessary work, I remain willing to constructively engage with national authorities in accordance with the principle of complementarity and our obligations under the Statute. I equally look forward to exploring opportunities for greater engagement and dialogue between my Office and the Asia-Pacific region.

Embassy Festival 2021 A Dazzling Array of Colors

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Embassy Festival 2021 A Dazzling Array of Colors

By Roy Lie Atjam         

The annual Embassy Festival took place in The Hague on a bright after a summer day, Saturday  4th September 2021. However, reduced in space and with fifteen participants, the atmosphere was as vibrant as could be.

Noteworthy at the festival was the Mayor of The Hague  Mr. Jan van Zanen, September 4  is the mayor’s birthday.

Due to the Covid 19  restrictions, the festival consisted of two parts.

1.Embassy Festival Tour

2.Embassy Festival Experience

Furthermore, visitors to the festival had to choose a time slot of approximately 3 hours and purchase admission tickets in advance.

H.E. Ms. Elizabeth Ward Neiman, Ambassador of Panama at the Panamenian Chancellery.

Part 1. An Embassy Festival Tour on

Friday 3rd September 2021. On the program, visiting a Chancellery, meet and greet with the Head of Mission and staff, food tasting, trying on national costumes, participating in national activities, games and much more. Participants in the Embassy Festival Tour:

 Embassies of Azerbaijan, Estonia, Bolivia, Korea and Panama.

Part 2. The activities on Saturday 4th September 2021 had the theme, Embassy Festival Experience. A breakdown of the program, culinary and rich cultural entertainment, drummers and dancers from India, dancers from Palestine to mention a few. Food  and beverages could be ordered by QR code from the embassy’s menus.

At the Palestinian stand, H.E. Ms. Rawan Sulaiman, Head of the Palestinian Mission in The Netherlands and a colleague.

Participating embassies in the Embassy Festival Experience: Azerbaijan, Bangladesh, Bosnia Herzegovina, Egypt, Ethiopia, Finland, Indonesia, Kenya, Mexico, Moldovia Oman, Pakistan, Palestine, Bolivia, Russia, Sudan, Tunisia, Ukraine and the United Arab Emirates.

Ms. Rana Seraf, Embassy of the Sudan.

Embassy Festival Recipe Booklet

The second edition of the  Embassy Festival recipe booklet was launched. The booklet contains more than 30 mouth-watering international recipes.

All in all, in spite the COVID 19 restrictions, Embassy Festival 2021 has again been a radiant success !

Dreisessel Triangle meeting for Bavaria, Austria and Czechia

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Dreisessel Triangle meeting for Bavaria, Austria and Czechia
Tuesday, 5 October 2021, Neureichenau, Free State of Bavaria: Upon her invitation, Bavaria’s Minister of State for European and International Affairs, Melanie Huml, encountered the Czech Foreign Minister Jakub Kulhánek and Karoline Edtstadler, Austria’s Federal Minister for the EU and Constitutional Affairs, for a personal exchange at Berggasthof Dreisessel in Neureichenau.

The main topic was cross-border cooperation. They all emphasised that the regular and institutionalised coordination amongst the ministries in Munich, Prague and Vienna had proven to be an important instrument during the Corona pandemic. 

At the political exchange amongst the three countries on the Dreisesselberg, representatives of the border regions also had the opportunity to report on their experiences and put forward their suggestions for future cooperation. With the regional representatives, the two ministers and their Czech colleague agreed on a joint conference of the emergency services, a municipal conference of the three countries as a regional exchange forum and networking meeting, and a joint cultural event in the border region. In addition, youth exchange is to be intensified, for example in the form of a joint youth camp.

Furthermore, it was agreed that in the future, higher-level European issues on the future of Europe or a Green Deal should be discussed more intensively in the border regions. To the latter end, this three-country meeting is to be continued. Increased cooperation on scientific topics is also absolutely conceivable, said Huml. “Here in this border region in the border triangle, we are particularly dependent on our close cooperation between Prague, Vienna and Munich due to the spatial proximity and the close cross-border ties, especially of commuters or family relations,” said the Bavarian Minister for European Affairs.

For further information:

Government of Bavaria https://www.bayern.de/dreilaendereck-dreisessel-bayerns-europaministerin-huml-trifft-amtskollegen-aus-tschechien-und-oesterreich-gemeinsame-zukunftsprojekte-huml-gemeinsam-durchstarten-nach-corona/

Kyrgyz Minister of Foreign Affairs met the Secretary General of EU Energy Charter

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Kyrgyz Minister of Foreign Affairs met the Secretary General of EU Energy Charter

The Minister of Foreign Affairs of the Kyrgyz Republic Ruslan Kazakbaev met with the Secretary General of the Energy Charter Urban Rusnak in Brussels.

On September 28, 2021, during a visit to Brussels the Minister of Foreign Affairs of the Kyrgyz Republic Ruslan Kazakbaev met with the Secretary General of the Energy Charter Urban Rusnak.

The parties discussed issues related to the modernization of the Energy Charter Treaty. Secretary General Urban Rusnak noted the importance of bringing the Energy Charter Treaty in line with the modern requirements of the global energy sector.

Parties exchanged views on further strengthening the interaction with the Charter in attracting investments in the construction of hydroelectric power plants in the Kyrgyz Republic and strengthening the country’s energy security.

Minister R. Kazakbaev informed about the upcoming EU – Central Asia First Economic Forum, which will be held in Bishkek on November 5, 2021, and proposed to organize a separate side event by the Energy Charter.

Kyrgyz Minister met with EU Chief Foreign Policy Adviser

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Kyrgyz Minister met with EU Chief Foreign Policy Adviser

The Minister of Foreign Affairs of the Kyrgyz Republic Ruslan Kazakbaev met with the Chief Foreign Policy Adviser to the President of the European Council Simon Mordue in Brussels

On September 28, 2021, during a visit to Brussels the Minister of Foreign Affairs of the Kyrgyz Republic, Ruslan Kazakbaev met with the Chief Foreign Policy Adviser to the President of the European Council Simon Mordue.

During the meeting, the parties discussed the current state of bilateral cooperation between the Kyrgyz Republic and the EU. Minister Kazakbaev informed about the current reforms in Kyrgyzstan and upcoming parliamentary elections to be held on November 28, 2021.

Simon Mordue confirmed the readiness of the European Union to expand partner relations with the Kyrgyz Republic.

Special attention was also given to the upcoming visit of the President of the Kyrgyz Republic Sadyr Japarov to Belgium and meetings with the heads of European institutions. Minister Kazakbaev conveyed an invitation to the President of the European Council Charles Michel to pay a visit to Kyrgyzstan in 2022.

Referring to the situation in Afghanistan and regional security issues, the parties discussed plans for cooperation in the implementation of educational projects for Afghan women, peacebuilding, countering drug trafficking, violent extremism and terrorism.

Separately, parties discussed the issue of vaccination of the population within the framework of the COVAX program and the recognition of vaccination certificates for the Kyrgyz Republic for unhindered entry into European countries.

The parties considered the implementation of projects in the field of environmental protection. The European side expressed interest in expert cooperation in the field of ecology.

Calculation of rent reduction due to lockdown

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Calculation of rent reduction due to lockdown

How does the court calculate a lower rent due to the lockdown? Does online turnover count? Does it matter whether the tenant or landlord is large or small?

By Reinier Russell

The bottom line in disputes over the lease of retail and hospitality space is clear: the tenant and the landlord must share the pain of the lockdown. Closure due to COVID-19 is an unforeseen circumstance. Therefore, it cannot be contractually excluded if the contracts were concluded before the pandemic. Exoneration clauses, which are included in many rental agreements as standard, are therefore usually not applied by the court.

Equal division of the consequences of loss of turnover

A common starting point for the court is to divide the consequences of the decline in turnover equally between tenant and landlord, resulting in a lower rent. In the event of a 50% loss in turnover, 25% will be for the account of the tenant and 25% will be for the account of the landlord. The court will in this case decide to grant a rent reduction of 25% to the tenant.

Calculation of loss of turnover

But how is the loss of turnover calculated? It seems simple: a shop that is completely closed has no more turnover. The loss of turnover then is 100%. But is that really the case? After all, there are other ways to generate turnover. And do government support measures not count as turnover? In a recent judgment, the Rotterdam District Court answered these questions. It concerned a dispute about the rent of one of the stores of fashion chain Scotch & Soda.

Group level assessment: loss of turnover counts

The court found that the Scotch & Soda stores had indeed suffered a major loss of turnover. However, Scotch & Soda is part of a group with its own online sales. Part of the turnover of the stores may therefore have been transferred to the webshop. The court does not consider the fact that the online turnover is achieved in another legal entity relevant. For that reason Scotch & Soda must first submit the figures for the online turnover in the Netherlands before the court can make a ruling.

Something similar holds for a restaurant that switches to delivery service. However, I think that it can be argued that additional costs incurred for such a switch should be deducted from the turnover. The same applies to savings due to the lockdown (less purchasing, energy consumption, etc.), which should be added to turnover.

Government compensation

Most courts include the reimbursement fixed costs (Tegemoetkoming Vaste Lasten, TVL) in their calculation of the rent reduction. After all, part of the reimbursement fixed costs is explicitly intended for paying the rent. Some judges calculate the rent reduction by adding the TVL to the turnover. Subsequently, they calculate the decline in turnover, and divide this in two. However, it would be more accurate to deduct the part of the TVL that is earmarked for the rent from the rent the tenant must pay. The Amsterdam Court of Appeal has used this calculation in a recent judgment. Only after this lower rent price has been calculated, the judge will take the loss of turnover into account. If the shops, hotels, restaurants or pubs have been closed during the lockdown, this calculation will usually result in less reduction of the rent.

That the NOW scheme is also added to the turnover is less obvious. This scheme is in fact meant to pay labour costs. However, there is something to be said for the reasoning of another Rotterdam judge. This judge states that wages are normally paid from the turnover and that the NOW income therefore counts towards the turnover.

Is the tenant entitled to compensation but has not applied for it? Then the court may rule that this is for the account of the tenant and add the compensation not obtained to the turnover.

Position of tenant and landlord

In the Scotch & Soda case, the position of the landlord was also discussed. After all, the landlord also suffers loss of income due to rent reductions, while the fixed costs continue. Because the loss of income usually remains below the 30% limit, there is usually no right to compensation. However, by the court, the landlord has to substantiate this claim with documents.

Proof of loss of turnover

Whoever wants a rent reduction must provide sufficient information to prove the loss of turnover. And they must be open about other sources of income. A landlord who does not want to reduce the rent will have to prove why this cannot be required from him.

Real estate lawyer

It is important to thoroughly substantiate a request for rent reduction. The real estate specialists at Russell Advocaten will be happy to help you. We will also be pleased to assist you in other disputes concerning rent, lease, purchase and sale of retail space and business premises.

Please contact us:
reinier.russell@russell.nl / +31 20 301 55 55

3rd Annual Leiden Austrian Studies

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3rd Annual Leiden Austrian Studies

The 3rd Annual Leiden Austrian Studies Lecture, is organized by the Foundation for Austrian Studies and Special Chair for Central European Studies in cooperation with the Institute for History, on Friday 29 October 2021, 15.15 – 17.00 in the Faculty Club, Rapenburg 73 in Leiden.

Speaker Prof. Howard Louthan, (University of Minnesota, Minneapolis, USA):

Revisiting a Renaissance Classic: Theuerdank, Maximilian I (1486-1519) and the Discovery of the World

The Leiden Praetorius Ensemble will contribute with music by Heinrich Isaac (1450-1517).

The lecture will be followed by a discussion with the audience.

Theuerdank, an epic poem produced at the court of Emperor Maximilian I in 1517 and illustrated with over hundred woodcuts, has been hailed by some as the greatest German book of the Renaissance. Part of a chivalric trilogy glorifying the life and career of the fascinating Habsburg emperor, Theuerdank tells the story of a knight (Maximilian) on a journey to win the hand of his lady (Mary of Burgundy).

In this lecture, we will turn our attention to some of these broader issues as we consider what the text and its marvelous woodcuts may tell us concerning a new understanding of politics, war, and the natural environment during the Renaissance.

Howard Louthan is director of the Center for Austrian Studies and professor of history at the University of Minnesota. He specializes in the intellectual and cultural history of early modern Central Europe with special attention to religion.

To register for the lecture, please send an e-mail to j.e.schep@umail.leidenuniv.nl

On November 2nd, 20.00 the lecture will be repeated online via Zoom. For the online version please register here: https://universiteitleiden.zoom.us/meeting/register/u5ItdeGrqjkqHdeiT_dMdbdX1WTMwhk338Wq

See also https://www.universiteitleiden.nl/en/news/2021/09/annual-lecture-2021

Feel Slovenia at the European Council

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Feel Slovenia at the European Council
By H.E. Mr.  Franc But, Ambassador of Slovenia in Germany 

For the second time since becoming a member of the EU in 2004, Slovenia has taken over the presidency of the Council of the European Union. This time, we are part of the presiding trio together with Germany and Portugal. Program starting points have been prepared together for the span of 18 months.

One of key projects has been the formation of a strong European Health Union; the founding of which is linked to desire to make the EU more coordinated and less dependant on third countries when it comes to vaccines and medicines.

We are not talking about creating a whole new institution, we want to take steps towards better and more successful coordination of the already-existing institutions.

When we speak of enhancing EU’s resilience to major crises, we need to address new industrial policies as well as resistance to potential cyber attacks.

Green transition and digitalization are key issues when addressing economic, social and especially environmental future of our planet. As part of the Slovene presidency, we have been preparing implementing acts for the operationalization of ‘Fit for 55’ package.

We all wonder, which direction the EU will take in the future. Due to that we decided to carry out an enquiry amongst the inhabitants of the EU and asked them to make some predictions of their own. In the context of many events that are happening presently as a part of ‘Conference on the Future of Europe’ we are trying to bring the EU closer to the European citizens.

Slovenian presidency has already dedicated this year’s Bled Strategic Forum (BSF) to the above-mentioned topic and we are carefully monitoring the responses on the digital platform. Special focus has been placed on the questions relating to the rule of law, as one of the EU’s core values.

Important challenges of the future are linked to the questions of security. We need to find a consensus on The New Pact on Migration and Asylum, agree on a shared responsibility and solidarity as well as on finding solutions, acceptable to all. EU’s enlargement to the Western Balkans is a challenge as well as a great opportunity to complete the EU’s space by including the countries from the region, we share our future goals and ambitions with. We are confident that the EU-Western Balkans Summit (October 6th) will bring about a new momentum for the enlargement process.


For further information:

Slovenian Presidency of the European Council: https://slovenian-presidency.consilium.europa.eu/en/

São Tomé e Príncipe invested President Vila Nova

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São Tomé e Príncipe invested President Vila Nova

Saturday, 2 October 2021,  São Tomé,  São Tomé e Príncipe: Carlos Vila Nova was invested as the country’s fifth president since independence from Portugal in 1975. He won the latest presidential elections standing for the Independent Democratic Action party. 

From 2014 through 2018 he served in the capacity as Minister of Infrastructure, Natural Resources and the Environment, having previously to that served as Minister of Public Works and Natural Resources from 2010 to 2012. 

The Santomean president is the islands’ head of state, albeit the government is lead by a prime minister (currently Jorge Bom Jesus). The president is elected for a five years mandate, renewable for one more consecutive term. He resides at the Presidential Palace. 

For further information: 
Presidency of São Tomé e Príncipe: https://presidencia.st

The most destructive fire of all time in Greece.

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The most destructive fire of all time in Greece.

 More than 1 million forest areas were burned

Greece experienced the biggest ecological disaster last summer. Third in the ranking in the Mediterranean – after Italy and Turkey – in terms of area burned this year

By Eleni Vasiliki Bampaliouta

If we add to these the hundreds of thousands of acres that were burned in Evia, Attica and other areas since the beginning of August this year, the result may reach or even exceed this number. From 1970 to 2020, almost 60,200 fires broke out. 14% of the area of ​​Greece was destroyed.

From 1980 to 2020, a total area of ​​18,190,592 acres, corresponding to 13.8% of the total area of ​​Greece, has been destroyed by the total 56,326 forest fires.
In other words, an area equal to the total area of ​​the Peloponnese and Attica was burned. The data show that the average annual number of forest fires in Greece in these 41 years is 1,373.8 while the average annual number of burned agroforestry is 443,672.9 acres.

Most of the loss of human life from forest fires is observed in Attica and more specifically in Northeastern Attica. The most affected Region of Greece both in terms of forest fires and in burned areas during the last 21 years is the Region of Western Greece and within it the most affected Regional Unit is Ilia The Peloponnese is the Region of Greece with the most burned areas from the most destructive forest fires.
Most of the catastrophic forest fires were caused in the Regional Unit of Evia. Just under 20 million acres have been incinerated in the last 41 years in Greece.


The burned areas increased by 336% compared to the average of the period 2002-2020


According to the meteo of the Athens Observatory, Greece ranks third in the Mediterranean -after Italy and Turkey- in terms of the burned area this year and second -after Cyprus- in terms of the increase (+ 336%) of the burned areas compared to the average of the period 2002-2020.

In first place is Italy with about 1.6 million acres (an increase of 314% compared to the average 2002-2020), followed by Turkey with about one million acres and an increase of 148%. In fourth place is Spain with burned areas of almost 400,000 acres (39% reduction).

In general, the Southeastern Mediterranean region, according to data from the European Forest Fire Information System, has an extremely poor picture, with almost all countries recording a significant increase in the absolute size of burned areas. These data show, according to meteo, that many aerial or other means of forest firefighting are not enough, but an immediate, drastic change is needed towards integrated solutions for managing and dealing with forest fires.


Emotional support of foreign states to Greece

A total of 18 countries responded immediately and sent aid to Greece in terms of both human resources and air and ground firefighting equipment, while the total EU assistance to Greece amounts to 9 firefighting planes, 700 rescuers and 100 vehicles.

Which foreign forces sent aid to Greece

*France: with 82 firefighters and 3 Canadair, while reinforcements are expected with an additional 100 people and 30 vehicles,*Cyprus: with 2 aircraft and a group of 40 firefighters
*Croatia: with 1 Canadair
*Sweden: with 2 Air Tractor aircraft
*Romania: with 108 firefighters and 21 vehicles
*Spain: with 1 Canadair
*Ukraine: with 100 firefighters
*Israel: with 16 firefighters
*Switzerland with 3 helicopters
*Egypt with 2 CHINOOK helicopters
*Qatar: with 69 firefighters and 5 vehicles
*Kuwait: with 42 firefighters
*USA: P-8 reconnaissance aircraft to support firefighting efforts
*Czech Republic: with 35 firefighters and 14 vehicles
*Germany: with two infantry divisions of 216 firefighters and 41 vehicles
*Poland: with 143 firefighters with 46 vehicles
*Slovakia: with 72 firefighters and 25 vehicles
*Austria: with 43 firefighters and 11 vehicles
*United Kingdom: with 21 firefighters

A few words about the photo which took around the world from the biggest ecological disaster that Greece has ever had.

“The Scream” is a painting created by Norwegian expressionist artist Edward Munch in 1893. Munch’s original German title was Der Schrei der Natur (The Scream of Nature).

Munch remembered going out for a walk at sunset when suddenly the sunlight he ate made the clouds “red as blood”. He felt an “infinite cry that pierced through nature”.
Researchers have located the spot on a fjord overlooking Oslo and have suggested other explanations for the unnaturally orange sky, ranging from the effects of a volcanic eruption to Munch’s psychological reaction to his sister being locked up in a nearby insane asylum.

  • “The Scream” by Munk
  • By cartoonist Christos Papanikos
  • photograph of Costas Tsakalidis

The cartoonist Christos Papanikos, captured the shocking photograph of Costas Tsakalidis, referring directly to “Munch” by Munk “(by Konstantinos Kladis).

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