A recent study shows that the Peace Palace in The Hague (Netherlands) contributes very positively to the international economy. The Peace Palace houses two of the most important Courts in the world, the United Nations International Court of Justice and the Permanent Court of Arbitration. By solving conflicts in the courtroom, the Courts in the Palace help avoiding billions of damage and loss as a result of warfare.
Economic impact The recently published study by Decisio, shows that the Peace Palace has great value for the world economy as the institutions located at the Palace are saving the international community billions of euros in economic damage.
It is hard to measure exactly what would have happened without the intervention of the two Courts housed in the Peace Palace, which is why three scenarios with variations in the type and number of conflicts were applied during the study. In the lowest scenario, it was conservatively assumed that in the history of the Courts only 1 small-scale conflict was solved, and in the highest scenario 4 small-scale conflicts and 2 large-scale conflicts were prevented or solved. Of course, ensuring peace and saving human lives are of paramount importance, but the economic value of these scenarios is also enormous: billions in costs of damage and loss are saved by preventing wars.
Even on a national level, the Peace Palace contributes positively to the economy:It accounts for more than 720 jobs (of which 229 within the Palace) and the institutions located at the Peace Palace annually spend 120 million euros in the Netherlands, contributing an added value of 70 million euros to the Dutch GDP.
Societal impact and improvement of international law In addition to the economic impact, the study also demonstrates that the Peace Palace and the Courts housed in the Palace serve societal development. The researchers state that “a high rule of law score saves money, brings trust and investments and prevents people from getting stress-related diseases.” In addition to the facts and figures, the report shows that the development of international law provides additional social impact coming from the Peace Palace. It facilitates conferences during which concepts for important regulations such as international adoption law are elaborated. At the same time, The Hague Academy of International Law, since its establishment, has educated more than 50,000 students and lawyers from all over the world, the future ambassadors and judges of their countries.
International radiance of the cultural heritage site Only one of the six principal organs of the United Nations is located outside of New York – and that is the International Court of Justice based in The Peace Palace in The Hague. The more than a century old Palace is also the oldest of a small number of buildings related to the UN. It is registered as a National Monument and carries the European Heritage Label. According to the researchers, the Peace Palace therefore has a high cultural, historical and architectural value. “In the Peace Palace, international jurisdiction, cultural heritage and international relations come together on neutral ground and the fruits of these endeavors are made accessible to a broad public. We can be proud of this, but at the same time, we also have an obligation to maintain this successful concept for future generations” explains Mr. Piet Hein Donner, chairman of the board of the Carnegie Foundation and former Minister of Justice of the Netherlands.
The Peace Palace The Peace Palace was built after the First Hague Peace Conference in 1899 in which many countries at that time participates. It opened its doors in 1913, thanks to a donation from the philanthropist Andrew Carnegie who established the Carnegie Foundation to build and maintain the Palace in perpetuity. Today, the Peace Palace houses the Permanent Court of Arbitration (PCA), the United Nations International Court of Justice (ICJ) and the Hague Academy of International Law. The two Courts settle international disputes through arbitration and jurisdiction. The Carnegie Foundation also manages the Peace Palace Library that supports the Courts and the Academy with its collection of international law since their beginning.
Full report A group of international experts with, among others, a Judge from the International Court of Justice, as well as experts from Leiden University, the municipality of The Hague, the Hague Conference on Private International Law (HCCH), and several ambassadors contributed to the report. Decisio’s researchers collected and analyzed all figures, facts and interviews independently and neutrally, with the support of the Municipality of The Hague, and the commissioning party being the Carnegie Foundation that owns and manages the Peace Palace.
La Corte Penal Internacional (CPI) ha publicado en su sitio web una Base de Datos sobre Programas de Estudio sobre Derecho Penal Internacional en Español la cual compila una serie de programas académicos como maestrías virtuales y presenciales, diplomados, cursos de especialización, entre otros, que se enfocan en el estudio del Derecho Penal Internacional (DPI) y/o de la CPI.
El objetivo de esta base de datos, es poner a disposición de la comunidad académica información acerca de distintos espacios de capacitación en lengua española que puedan contribuir a fortalecer su conocimiento respecto al DPI en general, así como acerca del funcionamiento, objetivos y desafíos de la CPI.
Este proyecto se suma a otras iniciativas que viene impulsando la CPI destinadas a la creación y el desarrollo de herramientas y plataformas que funcionen como recursos de apoyo para la comunidad académica interesada en el trabajo de la CPI y la promoción del DPI.
Por ejemplo, como parte de tales iniciativas, la CPI lanzó durante el año 2020 un Curso Modelo sobre Derecho Internacional Penal y Corte Penal Internacional en español de 16 semanas que incluye una lista exhaustiva de lecturas abiertas y gratuitas que ofrecen una visión completa de las publicaciones en español en línea existentes sobre DPI y la CPI.
Puede contribuir con la ampliación de esta base de datos, mediante el envío de información sobre programas académicos similares a los que aquella incluye a la siguiente dirección de correo electrónico: Academia@icc-cpi.int.
For Kosovo, 2021 is a year of elections. The fifth parliamentary (early) elections will be held on 14 February 2021. After establishment of the parliamentary majority the next President of Kosovo will be elected, after what regular local elections will follow.
In such a situation there is no ambiance for serious work, particularly with respect to combating the Covid-19 pandemic, as well as strengthening civic and other freedoms. The entire social-political life revolves around the elections and election campaigns.
In January 20211, the International Institute for Middle East and Balkan Studies (IFIMES) publicized an analysis titled “2021 Early Elections in Kosovo: End of an Era”, link: https://www.ifimes.org/en/9964 (17-01-2021).
The Kosovo Assembly has 120 representatives, with 20 mandates reserved for members of minority communities. Specifically, the Serb community gets 10 mandates, while the Bosniak community gets three, Turkish two, RAE (Roma, Ashkali and Egyptian) four and Goran community one mandate.
According to the records of the Kosovo Central Election Commission, 1.9 million voters have been registered for the upcoming early elections. They are administratively divided into 38 municipalities with 1.8 million citizens. Citizens from the diaspora are due to vote by 13 February 2021. The Central Election Commission has accepted 175,273 voters who will vote by mail. At the previous elections, 35,087 voters were allowed to vote by mail from outside of Kosovo. A total of 28 political subjects will participate in the elections. Specifically, 21 political parties, two coalitions and five civic initiatives. The election campaign commenced on 2 February and will last only 10 days. However, the informal campaign has been going on for several months already.
Kosovo is one of the countries in the region that still has problems with the final electoral register, which is unprocessed and untrustworthy, because it is illogical that there are more voters than citizens in Kosovo. A special point of concern is the fact that an extremely high number of 175,273 voters has applied to vote by mail, which understandably creates suspicions about possible manipulations. After the evaluation of applications, 101,839 applications for registration were approved, while 29,633 were denied.
Devastating indicators of the situation on Kosovo
Each year the World Justice Project (WJP)[2] publishes the Rule of Law Index list, which is considered a leading global source for reliable and independent data on the rule of law and ranks the countries with respect to their rule of law performance.
While countries with strong and independent judiciary rank high, countries with corrupted judges are ranked at the bottom of the list. The ranking of Kosovo on the recently published Rule of Law Index for 2020 is devastating. Specifically, out of 128 countries Kosovo is ranked 54th with respect to the rule of law, 97th with respect to regulatory enforcement, 62nd with respect to absence of corruption, 93rd with respect to civil justice and 56th with respect to criminal justice.
On the Corruption Perceptions Index list compiled by Transparency International[3] for 2020, Kosovo ranked 104th on the list of 179 countries. Specifically, it was in the same group as Vietnam, Albania, Cote d’Ivoire, Thailand, Algeria and El Salvador. (Source: Transparency International Corruption Perceptions Index 2020).
In the report by the Reporters Without Borders[4], Kosovo is ranked 70th on the list of 180 countries, which indicates that it is in the group of “partly free” countries with respect to media freedom. (Source: Reporters Without Borders 2020).
Political-criminal structures do not build a country and institutions
So far, after coming to power, all Kosovo governments announced rapid development and promised to build strong institutions that will be a factor of internal stability and peace, and in such a way contribute to stability and peace in the region. However, the promises were not fulfilled and Kosovo citizens are deeply disappointed with the ruling political structures, because in the entire region only Kosovo has not granted a visa-free regime. The practice shows that nowhere in the world have political-criminal structures developed strong state institutions. In fact, they did just the opposite. The permanent political crisis in Kosovo is a political concept and the method of survival in power for the current political structures.
The roots of crimes in Kosovo go back to the period of the government in exile. The nucleus of the crimes includes commanders of the Kosovo Liberation Army (UÇK-OVK) and (para)intelligence service (ShIK), who operate in cooperation with political structures. ShIK was to be dissolved in 2008, because in 2009 the official Kosovo Intelligence Agency (AKI-KIA) was established.
A perusal of the recent history reveals strong connections between current political leaders and enormous amounts of money collected through various funds. Specifically, “Vendlindja thrret” (Homeland is Calling) Fund, “Levizja Popullore e Kosoves” (People’s Movement of Kosovo), which was initially established in 1997-98 and tasked to collect money in the diaspora (in 1999 the Democratic Party of Kosovo (PDK) was created from it), and the “3% Fund” established in 1991 under the control of the Democratic League of Kosovo (LDK). Their activities lacked transparency and were connected with enormous enrichment of specific current and former political leaders and members of their immediate families.
Crime and corruption continued also after the international intervention and the war on Kosovo in 1999. Nepotism is omnipresent is all segments of the society. In fact it is directly controlled and directed by the leaderships of the political parties.
Specialist Chambers and Prosecutor’s Office key for the future of Kosovo
The Kosovo Specialist Chambers and Specialist Prosecutor’s Office (KSC-SPO)[5] were established in 2015. They became operational in July 2017, and started functioning at full capacity in the second half of 2020.
In Kosovo there is the national judiciary, as well as the international mission of the European Union named Eulex, which was mandated to establish the rule of law in Kosovo. This is also the biggest EU mission that has turned out to be a complete fiasco.
Hashim Thaci, instituut Clingendael.(Den Haag 23-04-18) Foto:Frank Jansen
The Kosovo Specialist Chambers and Specialist Prosecutor’s Office (KSC-SPO), were envisaged as the response of Kosovo to the allegations from the Report of the Special Rapporteur of the Council of Europe (CoE) Dicky Marty about illicit trafficking of human organs and an additional impetus to Kosovo to embark on the process of de-Thaçization of Kosovo. Specifically the process of dismantling of the Thaçi’s regime, which was to lead to internal consolidation of the country. That is why it is important that the KSC-SPO has become fully operational, as it will contribute to achievement of justice, which will be a satisfaction to the victims and their loved ones, as well as relax the relations in Kosovo and ensure a better and more certain future.
The report stipulates that the crimes had been committed by members of the Kosovo Liberation Army in the period from 1998 to 2000. The court has jurisdiction over crimes committed in Kosovo from 1 January 1998 to 31 December 2000. Although it is a Kosovo court, it is funded by the EU and has international staff. Indictments against four leaders of the former Kosovo Liberation Army (OVK/UCK), Hashim Thaçi, Kadri Veseli, Jakup Krasniqi and Rexhep Selimi, for a number of crimes against humanity and war crimes, including assassinations, forced disappearance of people, persecution and torture, have been confirmed.
Kadri Veseli, in The Hague July 2918.
The indictees were not granted provisional release, because Thaçi and Veseli had participated in the obstruction of justice, and because some witnesses in their case, as well as in the Ramush Haradinaj (AAK) case before the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague, had been assassinated.
Strong trend of growth of popularity of Albin Kurti and LVV
The conducted public opinion polls in Kosovo show a strong trend of growth of popularity of the Self-Determination Movement (LVV). Analysts believe that so far these are the only elections that will have a convincing winner. Specifically, the Self- Determination Movement, which is why this is a chance for a new beginning for Kosovo and its citizens. A convincing victory by the LVV at the recent local elections in Podujevo, the bastion of the LDK, gave a strong impetus to the election campaign of the LVV.
The situation on the political scene in Kosovo will be informed by the level of public support directed to the Self-Determination Movement (LVV). Namely, the LVV has a significant lead ahead of the Democratic League of Kosovo (LDK) and the Kosovo Democratic Party (PDK), which are competing for the second position. The Alliance for the Future of Kosovo (AAK) and its leader Ramush Haradinaj are trying to draw attention to themselves by only nominating Ramush Haradinaj for the position of the Kosovo President and offering themselves as coalition partners to the LVV for the purposes of establishment of the government.
However, as Ramush Haradinaj is the symbol of the dark past, any public engagement of his would be to the detriment of Kosovo and its future.
The voters are not supportive of a coalition between the LVV and other parties, because the prevailing opinion among the public is that the political-mafia structures had unconstitutionally and illegally removed the government headed by Prime Minister Albin Kurti. The youth is particularly not supportive of such a coalition because they have recognized the LVV and its leader Kurti as “fresh air” on the political scene. The disputed decision of the Kosovo Constitutional Court to ban Albin Kurti from running at the parliamentary elections because of a suspended sentence, additionally contributed to Kurti’s popularity.
Voters believe that the current coalition government (LDK – AAK – Nisma – SL) should be sanctioned, and it is expected that the voters will punish the unprincipled coalition and its policies, which are burdened with crimes, corruption, nepotism, intimidation, threats, war crimes, assassinations and blackmails. The legacy of the previous Kosovo governments include only empty premises and damages, which the next generations of Kosovars will have to pay for. The political-criminal and mafia structures will not be able to prevent Kurti from becoming the new President of the government after the victory of the LVV, as what is required for his appointment as the president of the government is the victory of his movement at the elections, not his candidacy or election as a representative.
Analysts warn of the synchronized campaign and intensified attacks by political-criminal structures in Kosovo, as well as the attempts of discrimination aimed against the left-wing Self-Determination Movement and its President Albin Kurti, because after these elections a successful response to the Covid-19 pandemic, recovery from floods, decriminalization of Kosovo and its political scene, dismantling of Hashim Thaçi’s regime, stopping of the trend of emigration of population, securing better living conditions for citizens through economic development and recovery, establishment of the rule of law and affirmation of Kosovo through regional and international cooperation will follow. The victory of the LVV will stabilize the political situation, if the LVV manages to establish on its own the new government of Kosovo. The LVV needs to demonstrate political sensibility towards minorities, particularly the Serb community.
Serbia became epicenter of developments in the region
Thanks to President Aleksandar Vučić, Serbia became the epicenter of developments in the region and key to peace and stability in the region. Joint economic development and establishment of “Mini Schengen” are the priorities in regional cooperation. Individual small countries cannot attract global investors and will have more difficulties ensuring sustainable economic growth and development. That is why in the context of elimination of internal borders and administrative barriers, customs, etc., it would be more efficient for Western Balkans countries to have an agreed infrastructure policy and work together on economic recovery of the region. Opening of the integrated border crossing “Preševo/Tabanovce” between Serbia and North Macedonia is a step in that direction.
The announced opening of an integrated border crossing “Kafasan/Qafë Thanë” between North Macedonia and Albania is a continuation of the initiated activities. This will lead towards establishment of a customs union, which is one of the intents of the Berlin Process. So far, Serbian President Aleksandar Vučić has met with the French President Emmanuel Macron 11 times, which is an illustration of affirmation of the position of Serbia in international relations. Vučić insists on a compromise, that is a “win – win” solution, between the official Belgrade and Pristina, for what he has received the support of the French President.
“The only solutions that can pave the way to a breakthrough in the matter, which is essential for your state and your people, are those that are accepted by both sides and recognized, allowing us to resolve the important concern at the heart of our Europe[6]”, President Macron underscored. He supported the readiness of the Serbian President and “the risk he took” by proposing, as he said, innovative solutions.
While Vučić is successfully rebranding Serbia, Kosovo is continuously regressing because of its irresponsible political elites, which hold public and responsible offices but primarily focus on their parochial interests and increasing their wealth- not the interests of Kosovo.
Serbia tops global lists, Kosovo did not even begin the vaccination process
According to analysists, Serbia has further strengthened its position during the Covid-19 pandemic because of its successful response to the Covid-19 pandemic in March 2020, and an even more successful vaccination of its population. According to official indicators, specifically the average data for the last seven days published on the website of the Our World in Data[7], which is associated with the University of Oxford, Serbia is ranked first in Europe and third in the world with respect to the total number of vaccination doses administered per 100 people in the total population. At the same time, in Kosovo the vaccination process has not even started. Vaccination is a complete fiasco of the government headed by Avdullah Hoti (LDK), who will probably be recorded as the most incapable prime minister of Kosovo. The number of victims of the Covid-19 pandemic will exceed all the expectations.
At the time when Kosovo run out of PCR tests, it was Belgrade that sent 1,000 tests as assistance. “We are willing to assist, just as we would be willing to assist Albanians with vaccines,” Serbian Prime Minister Ana Brnabić emphasized.
The upcoming early parliamentary elections in Kosovo will be marked by a new showdown between a part of the Serb opposition and the Albanian political parties, including the Serb List (SL-Srpska lista) headed by Igor Simić, which is supported by Serbian President Aleksandar Vučić. In fact, through the Serb List (SL), which is the favorite of the Kosovo Serb community in the elections, they will try to “settle the accounts” with the Serbian President Aleksandar Vučić.
As a result, in Kosovo, in the final phase of the election campaign the tensions against the Serb List will significantly increase- and could even include use of violence. Therefore, it is of exceptional importance to finalize the Brussels dialogue between the official Belgrade and Pristina with the signing of a legally binding agreement, to abolish borders in the region and remove the barriers, and in such a way commence intensive mutual cooperation, which would constitute true European behavior.
Ljubljana/Washington/Brussels/Pristina, 6 February 2021
Published by IFIMES – The International Institute for Middle East and Balkan Studies (IFIMES)[1] from Ljubljana, Slovenia, regularly analyzes developments in the Middle East, the Balkans and around the world. IFIMES has analyzed the current political situation in Kosovo in the context of the early parliamentary elections, which are to take place on 14 February 2021.
On 28 and 29 January 2021, Mahamat Said Abdel Kani appeared before Judge Rosario Salvatore Aitala, Single judge of Pre-Trial Chamber II of the International Criminal Court (“ICC” or “Court”). Mr Said is suspected of war crimes and crimes against humanity allegedly committed in Bangui, Central African Republic (CAR), in 2013.
The Single Judge verified the identity of the suspect, and ensured that he was clearly informed of the crimes he is alleged to have committed and of his rights under the Rome Statute of the ICC in a language he fully understands and speaks, which is Sango for Mr Said.
The hearing was held in the presence of the Prosecutor and the Defence. Mr Said was represented by his Counsel Jean Pierre Madoukou and appeared via video-link from the ICC Detention Centre. Due to the current situation linked to Covid-19, some of the hearings participants took part in the hearing via video-link.
The opening of the confirmation of charges hearing was scheduled provisionally for Tuesday 5 October 2021. The purpose of the confirmation of charges procedure is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.
On1 February 2021, Paul Gicheru was released to Kenya with specific conditions restricting liberty, during the confirmation of charges proceedings against him at the International Criminal Court (ICC). This follows Pre-Trial Chamber A’s decision on 29 January 2021, granting Mr Gicheru interim release with conditions. Mr Gicheru is suspected of offences against the administration of justice consisting in corruptly influencing witnesses of the Court.
The confirmation of charges procedure in this case will, in principle, be conducted in writing to determine whether or not there is sufficient evidence to conduct the subsequent phase of the proceedings: the trial.
• shall provide financial security to the ICC Registrar in the form of cash or bank order to the value of KSH 1,000,000 (one million Kenyan shillings);
• shall comply fully with all orders issued in this case and surrender himself immediately to the relevant authorities if required by the Chamber;
• shall appear before the Chamber at the date, time, place, and in the manner ordered by the Chamber and shall remain in attendance until excused;
• shall not obstruct or endanger the investigation or the court proceedings and shall not engage in any activities, directly or indirectly, that are prohibited under article 70 of the Statute;
• shall not contact, directly or indirectly, any of the Prosecutor’s witnesses or victims in this case, except through counsel authorised to represent him before this Court and in accordance with the applicable protocols;
• shall not, directly or through any other person, make any public statements, social media post, or communicate with the media about the merits of the case;
• shall reside in Kenya at a specific address for the duration of the proceedings when not present in the Netherlands for the purposes of court proceedings, unless otherwise authorised in advance by the Chamber;
• shall provide the Registrar with copies of all passports, visas, identity documents, and any other travel documents issued to him; shall not travel internationally except to the extent permitted by the Chamber and shall inform the Registrar or his delegate, no later than seven days prior to any international travel;
• shall report once a week to the Registrar, his delegate, or other person(s) on the date and time and in the manner to be determined by the Registrar, which may include the use of video conferencing technology; and
• shall provide the Registrar with all mobile and other telephone numbers and shall ensure that at least one of his mobile telephone numbers remains active and with sufficient credit to be reachable at any time.
The Chamber found that, in the event that Mr Gicheru would fail to comply with any of the conditions restricting liberty specified in its decision, the Chamber may declare the financial security provided by Mr Gicheru forfeit to the Court, issue a warrant of arrest in respect of Mr Gicheru at the request of the Prosecutor or on its own initiative, and/or issue any other order it deems relevant in relation to a failure to comply with these conditions.
The arrest warrant against Mr Gicheru and Philip Kipkoech Bett was issued under seal on 10 March 2015 and unsealed on 10 September 2015 for offences against the administration of justice consisting in corruptly influencing witnesses of the Court. On 2 November 2020, Paul Gicheru surrendered in The Netherlands and was surrendered to the ICC custody on 3 November 2020. His first appearance before the ICC took place 6 November 2020. On 11 December 2020, Pre-Trial Chamber A severed sever the cases against Paul Gicheru and Philip Kipkoech Bett.
Today, 4 February 2021, Trial Chamber IX of the International Criminal Court found Dominic Ongwen guilty for a total of 61 comprising crimes against humanity and war crimes, committed in Northern Uganda between 1 July 2002 and 31 December 2005. The verdict may be appealed by either party to the proceedings within 30 days after the notification of the Judgment.
ICC Trial Chamber IX, composed of Judge Bertram Schmitt, Presiding Judge, Judge Péter Kovács and Judge Raul Cano Pangalangan, analysed the evidence submitted and discussed before it at trial and found, beyond any reasonable doubt, that Mr Ongwen is guilty of the following crimes:
(i) attacks against the civilian population as such, murder, attempted murder, torture, enslavement, outrages upon personal dignity, pillaging, destruction of property and persecution; committed in the context of the four specified attacks on the Internally Displaced Persons camps (“IDP camps”) Pajule (10 October 2003), Odek (29 April 2004), Lukodi (on or about 19 May 2004) and Abok (8 June 2004);
(ii) sexual and gender based crimes, namely, forced marriage, torture, rape, sexual slavery, enslavement, forced pregnancy and outrages upon personal dignity he committed against seven women (whose names and individual stories are specified in the judgment) who were abducted and placed into his household;
(iii) A number of further sexual and gender based crimes he committed against girls and women within the Sinia brigade, namely forced marriage, torture, rape, sexual slavery and enslavement; and
(iv) The crime of conscripting children under the age of 15 into the Sinia brigade and using them to participate actively in hostilities.
The Chamber found that these crimes were committed in the context of the armed rebellion of the Lord’s Resistance Army (LRA)against the government of Uganda. The LRA, including Dominic Ongwen, perceived as associated with the government of Uganda, and thus as the enemy, the civilians living in Northern Uganda. This concerned in particular those who lived in government-established IDP camps.
The Chamber found that Dominic Ongwen is fully responsible for all these crimes. The Chamber did not find evidence that supported the claim that he suffered from any mental disease or disorder during the period relevant to the charges or that he committed these crimes under duress or under any threats.
Following this verdict, the Chamber will impose on Dominic Ongwen the sentence for the crimes of which he has been convicted. For this purpose, it will receive submissions on the appropriate sentence by the Prosecutor, the Defence for Dominic Ongwen and the legal representatives of the participating victims.
A decision in this regard, including as concerns the timeline of the proceedings leading to the imposition of the sentence, has also been issued by the Chamber today. The ICC’s founding treaty, the Rome Statute, does not provide for a death penalty; the sentence may be up to 30 years of imprisonment (and under exceptional circumstances a life imprisonment) and/or a fine. Furthermore, a phase dedicated to the reparations to victims will be opened.
American Chemical Society Contributes $10,000 to Future OPCW Centre for Chemistry and Technology
The Hague, Netherlands – 5 February 2021 – The American Chemical Society (ACS) has contributed $10,000 to a special Organisation for the Prohibition of Chemical Weapons (OPCW) Trust Fund to support the construction of a new facility, the OPCW Centre for Chemistry and Technology (“ChemTech Centre”).
The contribution was formalised on 14 December 2020 through an exchange of letters.
ACS Chief Executive Office, Dr Tom Connelly, stated: “The ethical practice of chemistry is a core value of the American Chemical Society. We are honoured to support the new OPCW ChemTech Centre and its mission to train scientists and policymakers to protect humanity from future chemical weapon threats. The safe practice of chemistry requires collaborations between the public and private sectors and ACS is proud to support the OPCW’s vital role in ensuring a safe global chemistry enterprise.”
The Director-General expressed: “I am deeply grateful to ACS, the first chemical science organisation to support this crucial project. The new Centre will build on our existing technical and analytical capacity and bring us closer to our goal of achieving a world free of chemical weapons.”
Director-General Arias appealed to all OPCW States Parties and other donors in a position to make voluntary contributions to do so. He further emphasised the important role the new ChemTech Centre will play in strengthening the OPCW’s ability to address chemical weapon threats and enhance capacity building activities to the benefit of all 193 OPCW Member States. He highlighted that “all contributions, regardless of size, are greatly appreciated”.
So far, 45 countries, the European Union, and four other donors have contributed or pledged to contribute financially to the ChemTech Centre project, and a considerable amount has been raised to date.
In the icture Dr. Thomas M. Connelly Jr. Executive Director & Chief Executive Officer, American Chemical Association.Photography by the America Chemical Association.
ICC Pre-Trial Chamber I issues its decision on the Prosecutor’s request related to territorial jurisdiction over Palestine
Today, 5 February 2021, Pre-Trial Chamber I of the International Criminal Court (“ICC” or “Court”) decided, by majority, that the Court’s territorial jurisdiction in the Situation in Palestine, a State party to the ICC Rome Statute, extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem.
On 20 December 2019, the ICC Prosecutor announced the conclusion of the preliminary examination of the Situation in Palestine. The Prosecutor determined that all the statutory criteria under the Rome Statute for the opening of an investigation have been met. A decision on opening the investigation in this situation is in the remit of the ICC Prosecutor. On 22 January 2020, the Prosecutor seized the Chamber under article 19(3) of the Rome Statute, requesting a ruling only on the scope of the Court’s territorial jurisdiction in the Situation in the State of Palestine.
In today’s decision, Pre-Trial Chamber I recalled that the ICC is not constitutionally competent to determine matters of statehood that would bind the international community. By ruling on the territorial scope of its jurisdiction, the Chamber is neither adjudicating a border dispute under international law nor prejudging the question of any future borders. The Chamber’s ruling is for the sole purpose of defining the Court’s territorial jurisdiction.
Pre-Trial Chamber I examined the Prosecutor’s request as well as the submissions of other States, organisations and scholars who participated as amicus curiae and groups of victims. The Chamber held that, in accordance with the ordinary meaning given to its terms in their context and in the light of the object and purpose of the Statute, the reference to ‘[t]he State on the territory of which the conduct in question occurred’ in article 12(2)(a) of the Statute must be interpreted as a reference to a State Party to the Rome Statute.
The Chamber found that, regardless of its status under general international law, Palestine’s accession to the Statute followed the correct and ordinary procedure and that the Chamber has no authority to challenge and review the outcome of the accession procedure conducted by the Assembly of States Parties. Palestine has thus agreed to subject itself to the terms of the ICC Rome Statute and has the right to be treated as any other State Party for the matters related to the implementation of the Statute.
Pre-Trial Chamber I noted that, among similarly worded resolutions, the General Assembly of the United Nations in Resolution 67/19 “[reaffirmed] the right of the Palestinian people to self-determination and to independence in their State of Palestine on the Palestinian territory occupied since 1967”. On this basis, the majority, composed of Judge Reine Adélaïde Sophie Alapini-Gansou and Judge Marc Perrin de Brichambaut, found that the Court’s territorial jurisdiction in the Situation in Palestine extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem.
In addition, the Chamber found, by majority, that the arguments regarding the Oslo Agreements, and its clauses limiting the scope of Palestinian jurisdiction, are not pertinent to the resolution of the issue of the Court’s territorial jurisdiction in Palestine. Such matters and other further questions on jurisdiction may be examined when and if the Prosecutor submits an application for the issuance of a warrant of arrest or summons to appear.
Judge Marc Perrin de Brichambaut appended a partly separate opinion on the reasons for which article 19(3) of the Statute is applicable in the present situation. Judge Péter Kovács, Presiding Judge, appended a partly dissenting opinion, in which he disagrees on the fact that Palestine qualifies as ‘[t]he State on the territory of which the conduct in question occurred’ for the purposes of article 12(2)(a) of the Statute, and that the Court’s territorial jurisdiction in the Situation in Palestine extends – in a quasi-automatic manner and without any restrictions – to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem.
It isn’t common for African countries -perhaps with the exception of South Africa- to be represented in the Netherlands by an ambassador who speaks Dutch. Mirjam Blaak is the exception: born in the Netherlands, she has switched nationality and she has been representing Uganda as an ambassador since 2003. In the Dutch book ‘Oeganda onder President Museveni’ she tells her remarkable life story.
The story starts in the early 1980’s, when Mirjam Blaak, in her mid-twenties, first visits Africa as a KLM flight attendant. After graduating in International Law, Ms. Blaak took up a job in Kenya at UNHCR, the United Nations body that takes care of refugees. ‘I started working there in 1982 at the age of 26,’ Ms. Blaak recalls. ‘There were thousands of Ugandan refugees entering Kenya at that time and that is when I first heard about a young rebel leader called Yoweri Museveni. The refugees told me that he was trying to liberate Uganda from murderous regimes.’
Mirjam Blaak describes how she became sympathetic to the Ugandan refugees, some of them linked to Mr. Museveni’s rebel organization, known as the National Resistance Army. While fighting his rebellion, Museveni’s wife Janet and their children stayed in Nairobi, the city where Blaak was based. In November 1983 Kenyan security forces raided the house of Janet and the children, while they were away. The story of how Blaak helps Janet and the children flee to Sweden is then described in the book by Ms. Blaak, while Janet Museveni’s side of the story is retrieved from her autobiography.
Janet Museveni and Ambassador Blaak.
In the same month, Mirjam helped two young members of the NRA’s ‘external committee’ flee the country. Both men later became senior politicians, with one of them, Ruhakana Rugunda, currently serving as Prime Minister. Mirjam Blaak also informally established contacts with Western embassies on behalf of the NRA, showing her diplomatic skills. ‘At that time very few people knew what was going on in Uganda. When I was given a video tape showing images of the war in Uganda, I showed it to the Kenyan authorities and to diplomats, who for the first time saw video footage of Museveni.’
After five years of fighting, the NRA managed to capture the capital city of Kampala and Yoweri Museveni was sworn in as the Ugandan president in 1986. At that time, he stated that leaders who overstay in power are one of the reasons that certain countries in Africa lag behind. ‘I first met Museveni in 1985. He thanked me for helping his family leave Nairobi,’ Ms. Blaak said. ‘I was later asked to establish diplomatic contacts on behalf of the young government.’ Although Mirjam was working as a consultant at that time, she didn’t send an invoice for that. ‘I did that because I believed in the principles of the NRA.’
Mirjam Blaak maintained close ties to the presidential family and the ruling party, partly because of her relationship with the then minister of state of Defense. A few years after the couple separated Mirjam Blaak wanted to go back to the Netherlands. ‘When the president heard that, he asked me to become his ambassador. So, I gave up my Dutch nationality and was posted to the Ugandan embassy in Brussels as the ambassador responsible for the Netherlands in 2003,’ said Mirjam Blaak. Her position included being the contact person for the Hague-based International Criminal Court, which picked the then ongoing conflict in northern Uganda as a first case to take on.
Ambassador Blaak was appointed head of mission in 2012 and has since been responsible for Uganda’s diplomatic relations with the other Benelux countries and the European Union as well. In the book, the ambassador reveals how her embassy building in Brussels was suffering from a leaking roof, following years of insufficient funds for maintenance. Currently a drastic renovation of the embassy is ongoing.
Oeganda onder President Museveni
Although the book initially focuses on the positive turnaround that was caused by the NRA-after taking power in 1986, there is also attention for the increasing discontent with the current regime staying in power this long. Ugandan Members of Parliament belonging to the ruling party have adjusted the constitution twice, scrapping the maximum of two terms a president can stay in office, as well as the age limit. Mr. Museveni, now 76 years old, was reelected in disputed elections in January 2021.
‘With this victory, Mr. Museveni has extended his rule to 2026, exactly 40 years after capturing power,’ said author Arne Doornebal. ‘He is facing increasing criticism, not only because of his long rule but also because of the violent crackdown on the opposition before and after the January election. Ambassador Blaak will need all her diplomatic skills explaining these things to the EU and the governments of the Benelux,’ said Mr. Doornebal.
Saturday, 6 February 2021, Addis Ababa, Federal Democratic Republic of Ethiopia: The Assembly of Heads of State and Government of the African Union has re-elected Moussa Faki Mahamat from the Republic of Chad, as the African Union Commission Chairperson for another four-year term from 2021-2024.
The election took place during the ongoing 34th Ordinary Session of the Assembly which is being held virtually due to the containment measures instituted as a result of the ongoing Covid-19 pandemic.
Chairman Faki sought a second term mandate for the position of AUC Chairperson following the end of his first term tenure (2017-2020). The Chairperson of the AU Commission is elected by the Assembly for a four-year term, renewable once. The Chairperson of the AU Commission is the Chief Executive Officer, legal representative of the AU and the Commission’s Chief Accounting Officer.
Faki will be deputised by Dr. Monique Nsanzabaganwa from Rwanda. Dr. Nsanzabaganwa secured the majority of votes in a highly contested position which saw two other female candidates vying for the post. Dr. Nsanzabaganwa becomes the first female to occupy the position of the Deputy Chairperson.
The rotating presidency of the AU is currently being held by the Democratic Republic of Congo, and thus by President Felix-Antoine Tshisekedi Tshilombo.
