President’s message: key conclusions

By Eldor Aripov, Director of the Institute for Strategic and interregional studies under the President of the Republic of Uzbekistan.

On 29 December 2020, President Shavkat Mirziyoyev delivered a message to the Oliy Majlis. The head of state summed up the results of the work done, determined the priorities of domestic and foreign policy.

A distinctive feature of the current Address, first of all, is that it ended a really difficult year both for Uzbekistan and the whole world. Pandemic, natural and man-made disasters and, as a result, serious economic challenges tested the strength of the strategic course of development chosen by the President. Today, looking back, we can say with confidence that Uzbekistan not only passed the tests that fell to its lot last year, but also achieved a number of important victories.

Despite all the objective difficulties, the leader of our country remained true to his main principle: “the interests of the people are above all.” Despite the closed borders, the state ensured the return home of more than 600 thousand compatriots. For this, all resources were mobilized, including diplomatic, sanitary and epidemiological, transport and logistics and others. True, this did not work out right away. Many of our citizens find themselves in a difficult situation far from home. But we didn’t leave them. Almost 100 thousand citizens who were abroad were provided with the necessary assistance. In addition, support was provided both through our embassies and by volunteers who shared everything they could with their compatriots.

Our entrepreneurs, as well as ordinary citizens who experienced difficulties due to the pandemic, did not go unnoticed. They received tax breaks, deferred loan repayment and financial assistance totaling 66 trillion soums.

Within the framework of the national movement “Kindness and Support”, in which a huge number of fellow citizens were involved, over 800 thousand low-income families received material assistance for more than 1 trillion soums.

It is clear that we did not solve all the problems of those in need, we could not satisfy all their needs: the Prosecutor General’s Office revealed violations in the distribution of aid. Undoubtedly, one thing: the interests of the people have remained and remain the most important priority for the state.

It is noteworthy that the word “pandemic” and related issues were included in the top 3 most frequently mentioned in the Address.

Speaking about successes and achievements, I would like to note several remarkable factors.

First, objectively, the outbreak of coronavirus infection has been brought under control. Having overcome some confusion at the beginning, our healthcare system, under the personal supervision of the President, was able to mobilize. In a short time, about 30 thousand beds were organized. Over 200 thousand medical workers and 150 foreign specialists were involved. Today, the daily increase in patients does not exceed 70 people. This is one of the lowest rates in the world.

Secondly, the President said that last year alone we exported US$1 billion worth of fruits and vegetables. In the best years in the past, we did not receive so much for the export of cotton fiber. Moreover, the yield of the same cotton increased by 10 percent.

All this was done by our private farms and clusters. Moreover, without providing special benefits and preferences from the state, without attracting students and state employees. On the contrary, jobs were created, new agricultural technologies and equipment came to the country, which today save water and energy, and help grow environmentally friendly products.

This is a very important indicator of the first results of the agrarian reform, which literally breaks down the cotton monoculture system that has been established for decades, devoid of any market logic and common sense, which obliged thousands of people to perform unjustified duties in the fields.

Thirdly, the level of coverage of our youth with higher education has been brought to 25 percent. Four years ago this figure did not exceed 9. According to this indicator, the country was at the very end of the rating in the world, being practically on an equal footing with Afghanistan engulfed in civil war. For comparison: in Kazakhstan – about 50 percent, Kyrgyzstan – 43, Tajikistan – 30.

With the opening of new educational institutions and branches of leading foreign universities, the most important task of forming a demanded reserve of broad-spectrum specialists is being solved, for which an acute shortage has objectively arisen long ago.

Fourth, in 2020 alone, 719 citizens were acquitted. I want to remind you that four years ago there were none. This is not to say that our courts have become completely impartial.

But the statistics tell a lot. If earlier decisions in favor of entrepreneurs and citizens in proceedings against government agencies were sporadic, today statistics show the opposite. So, since 2017, administrative courts have satisfied about 70 percent of cases in favor of entrepreneurs and citizens.

Fifth, the results of internal reforms affected the recognition of Uzbekistan in the international arena. For the first time in history, he was elected a member of the UN Human Rights Council. The recent removal of our country from the list of countries of “special observation” in the field of religious freedom of the US State Department was a high assessment of our ongoing large-scale democratic reforms.

At the same time, in his Address, the President not only summed up the results of the work done. A large-scale program of further reforms was announced, a distinctive feature of which is its focus on the most specific, extremely accurate results.

In total, the head of state put forward more than 150 initiatives, tasks and proposals, dwelling on each area in detail, not disregarding a single detail.

The scale of financing the tasks stated in the Address is also significant. According to economists, it is planned to allocate about 25.6 trillion soums and 1.4 billion dollars to the initiatives, projects and tasks announced in the framework of the Address.

The key message of the President’s speech – social development – remains the priority of the policy of the head of state. The issues of the well-being of the people, the all-round improvement of the quality of life of the people were a refrain throughout the speech.

In this regard, the linguistic analysis of experts from the Center for Economic Research and Reforms under the Administration of the President of the Republic of Uzbekistan is interesting, which showed the evolution of the country’s leader’s attention to the social sphere in his Messages. If words related to social topics accounted for 11 percent of the speech in 2017, then in 2020 – already 28.

Thus, this trend continued, the President remained true to the declared course. The largest and most significant block of the appeal is devoted specifically to social problems and economic development – about 60 percent. In total, the President announced over 70 initiatives aimed at increasing the effectiveness of social protection of the population, the well-being of citizens, and improving their quality of life.

Poverty reduction has become one of the central themes of the Message. The President told in detail how these issues will be resolved. Primarily due to employment. Here, one cannot fail to note the projects to create more than 1,000 vocational training centers in makhallas next year. All those who graduate from training courses and who want to start their own business will be able to receive subsidies of up to 7 million soums for the purchase of the necessary equipment.

In addition, 500 billion soums will be directed to the State Fund for the Promotion of Employment and the Public Works Fund under the Ministry of Employment and Labor Relations of the Republic of Uzbekistan to ensure employment of the needy segments of the population.

In his speech, the President also gave a detailed answer to the most pressing questions that citizens have been asking in one way or another lately. And here one can feel the influence of direct meetings between the President and the common people, which have become an invariable practice during the visits of the head of state to the regions or participation in events. Communicating directly with Uzbek people, he gets an idea of all the “pain points” and existing shortcomings from the first hand.

Therefore, the Address outlines a wide range of targeted action measures: support for orphans and teachers, construction of schools and kindergartens, construction and reconstruction of theaters, museums, cultural and sports institutions, repair and construction of roads in cities and villages.

Such a timely response to the needs and requirements of ordinary people shows that the President hears the people of Uzbekistan, responds to their hopes and expectations.

In particular, the country’s leader dwelled on issues of uninterrupted gas supply to the population. It was announced that 35 percent of the additional gas demand will be covered by reorientation of export resources to the domestic market, the rest – by imports.

In addition, from 2021, it is planned to abolish the monopoly on the supply of natural gas. Producers and importers will be able to sell gas on the exchange, and wholesale consumers will be entitled to purchase it. Private sector participation in the liquefied gas market will be expanded and customs duties on its imports will be abolished.

The topic of monopoly in the car market is touched upon – one of the most discussed in society. The development of competition in this industry is planned by creating a level playing field for enterprises and increasing the number of manufacturers in the automotive industry.

On the problem of corruption, the Ministry of Finance was instructed to establish the practice of publishing information on the revenues and expenditures of extra-budgetary funds of state bodies, purchases of organizations with state participation, as well as data on state subsidies and grants. Thus, the President reaffirmed his firm adherence to the policy of ensuring maximum transparency in the activities of state institutions, which will allow them to be placed under close public control.

It is also impossible not to note the emphasis in the Address on youth and education.

World experience shows that no breakthrough is possible without human participation. It is people who are the main advantage and capital of the country. The announcement of 2021 as the Year of Supporting Youth and Health Promotion fully reflects this logic.

Meeting, talking directly with young people, the head of state timely considered and felt her readiness to get involved in public affairs, to show “initiative from below”, and not to wait for the implementation of reforms on a “top-down” principle.

That is, everything that many officials do not have.

Creative, free, educated youth can and should become a key driver of the reform process, a competitive advantage of Uzbekistan. All opportunities are provided for this, favorable conditions are created for education, creativity and participation of young people in the life of the country. So, up to 25 percent will be increased grant places in universities, including for girls from socially vulnerable families twice. This will further expand the coverage of higher education among young people.

It is also planned to increase the number of doctoral students in universities and research institutions to 4.5 thousand. An additional 240 billion soums will be allocated from the budget for this.

The number of young people sent to study in foreign universities through the “El-yurt Umidi” fund will also increase this year, and five times at once.

Undoubtedly, the efforts and funds invested in this area are the best investments in the future. As Benjamin Franklin rightly pointed out, “investment in knowledge pays the best dividends.”

Germany, which is the engine of economic growth throughout Europe, steadily increases spending on education and research from year to year. In turn, in China, the emphasis on in-depth study of exact sciences and informatics has played an important role in the formation of a new type of economy in the country – an innovative economy. Today, China is ranked 14th in the Global Innovation Index and is recognized as one of the leaders in this area.

The initiatives voiced by the President for the implementation of the Year of Support for Youth and Strengthening the Health of the Population will help support young people in mobilizing their own abilities, realizing their existing potential, and increase self-confidence.

In general, the Address demonstrated that a person, his interests and well-being remains at the head of the entire system of priorities of the President of Uzbekistan. This is the key goal and basis of all reforms of the head of state. It is in this that the uniqueness of the strategy of the leader of the republic for the modernization of the country and its broad support among the population are manifested.

—————————————

Picture of Eldor Aripov

Legion of Merit for Bahrain’s monarch

Monday, 18 January 2021, Washington D.C., United States of America: The White House bestowed the presidential honour ‘Legion of Merit’ with the rank of Chief Commander upon Bahrain’s monarch, His Majesty King Hamad II bin Isa bin Salman Al Khalifa

The award was came after the Kingdom of Bahrain was upgraded by the US State Department as a ‘major security partner’ of the USA. The latter designation as is a status unique to the United Arab Emirates and the Kingdom of Bahrain.  It recognizes  the exceptional security partnership—exemplified by their hosting thousands of United States Soldiers, sailors, airmen, and marines—and the commitment of each country to countering violent extremism across the region.

Legion of Merit, Bahrain

King Hamad II (b. 28 January 1950) is Bahrain’s head of state since 6 March 1999, firstly as the country’s second Emir, and since 14 February 2002 as his homeland’s first King. His spouse, HRH Princess Sabeeka bint Ibrahim Al Khalifa is known for her role in advancing societal participation of women as President of the Supreme Council for Women. 

For further information 
White House: https://www.whitehouse.gov/briefings-statements/statement-press-secretary-regarding-designations-uae-kingdom-bahrain-major-strategic-partners-united-states/
Bahrain News Agency stated by Royal Adviser for Diplomacy, HE Sheikh Khalid bin Ahmed Al Khalifahttps://www.bna.bh/en/TopawardrecognisesHMKingswisepoliciessaysDiplomaticAdvisor.aspx?cms=q8FmFJgiscL2fwIzON1%2bDmTDN48pVz00SXywPrtIYFQ%3d

UNWTO decides for Zurab Pololikashvili

Tuesday, 19 January 2021, Madrid, Kingdom of Spain: The Executive Council of the World Tourism Organization – UNWTO held its 113th edition in Spain under the aegis of His Majesty King Felipe VI. During the plenary session wherein all member states partook either in person, or virtually, the incumbent Secretary-General Zurab Pololikashvili was re-elected for a second term (2022-2025). 
For the inauguration King Felipe VI was accompanied by the President of the National Heritage Board of Directors, Llanos Castellanos; the Minister of Industry, Trade and Tourism, Reyes Maroto; the Deputy Prime Minister of the Republic of Uzbekistan, Aziz Abdukhakimov; the Mayor of Madrid, José Luis Martínez-Almeida; the Secretary of State for Global Spain, Manuel Muñiz; the Secretary of State for Tourism, Fernando Valdés; and a plethora of delegations. 

Zurab Pololikashvili (born at Tbilisi on 12 January 1977) is a Georgian national at the helm of the UNWTO since 1 January 2018. Previously he served as Georgia’s resident ambassador in Spain with co-accreditations to Andorra, Morocco and Algeria. Besides his native Georgian, he is fluent in four out of five official languages in the UNWTO, all except Arabic. 

Uzbekistan’s Deputy Prime Minister Aziz Abdukhakimov and SG Pololikashvili – Picture by UNWTO

During his mandate as Secretary-General of UNWTO, Zurab Pololikashvili has advocated for tourism as a significant player in delivering sustainable solutions for people locally, the planet, prosperity and even for the attainment of more peace. Georgia’s chief of diplomacy, David Zalkaliani, was in Madrid to support SG Pololikashvili. 

The World Tourism Organization (UNWTO) is the United Nations specialised agency founded in 1974, entrusted with the promotion of responsible, sustainable and universally accessible tourism.  
UNWTO’s membership includes 159 countries, six affiliated members (sub-countries), two observer states and over 500 affiliate members representing the private sector, educational institutions, tourism associations and local tourism authorities. Its headquarters are in Madrid, Kingdom of Spain.  

The official languages of UNWTO are Arabic, English, French, Russian and Spanish.

For further information 
UNWTO: https://www.unwto.org
Spanish Royal House: https://www.casareal.es/ES/Actividades/Paginas/actividades_actividades_detalle.aspx?data=14743

Picture by Casa Real – Spanish Royal Household

John Kerry as Climate Envoy

0

John Kerry and the Prince of Monaco. Picture by Gaetan Luci, Palais Princier de Monaco.

20 January 2021, Washington D.C., United States of America: Erstwhile 68th Secretary of State (2013-2017), John Kerry began his commission as special climate envoy. The position is a cabinet-level one with authority over energy and climate policies. 
Kerry’s appointment does not require US Senate confirmation as he is deemed as a ‘presidential envoy’. Nonetheless he shall hold a seat on the National Security Council in the White House. 

President Joe Biden has pledged to reverse course on climate from President Donald Trump, who doubts mainstream climate science. Trump pulled the United States out of the 2015 Paris agreement on climate, and dismantled Obama-era climate and environmental regulations to boost drilling, mining and manufacturing.´

Whilst serving as secretary of state under former President Barack Obama, Kerry, 76, called climate change “the world’s most fearsome weapon of mass destruction.” In travels from glaciers in Greenland to the Solomon Islands, Kerry has emphasized cooperation on tackling climate change.

For further information:
https://en.wikipedia.org/wiki/U.S._Special_Presidential_Envoy_for_Climate

The Ambassador of Italy, H.E. Mr. Giorgio Novello

H.E. Ambassador Giorgio Novello of Italy, obtained his law degree from the University of Padova in 1984, and  as an elève étranger, Promotion “Liberté égalité fraternité,” 1995,  he graduated at l’École Nationale d’Administration – ENA, Paris.

Attended courses at the International Law Academy in The Hague, Netherlands, in the summer of 1991. Ambassador Novello also received a Bachelor of Science in Economics (external student) from the University of London in 1993 as well as a Master of Philosophy in Economic History from the London School of Economics in 2004.

Ambassador Novello joined the Italian Foreign Service in 1986, before obtaining the position of First Secretary (deputy Head of Mission) at the Italian Embassy in Lagos from 1989 to 1991. Shortly afterwards, he served as First Secretary of political affairs at the Italian Embassy in London from 1991 to 1995. During this time, Ambassador Novello was also a member of the Italian delegation to the Western European Union from 1991 to 1993.

In addition, Ambassador Novello served as the Deputy European Correspondent for the Italian MFA in Rome from 1995 to 1998 and was seconded to the German MFA (Austauschbeamter), in Bonn from 1998 to 1999.

To add, Ambassador Novello served as Counsellor of political, press and cultural affairs for the Italian Embassy in Berlin from 1999 to 2002, as well as the First Counsellor, later Minister Counsellor and Deputy Head of Mission for the Italian Permanent Mission to the Organization for Security and Cooperation in Europe in Vienna from 2002 to 2006.

Ambassador Novello has also held the positions of Head of International Financial Institutions Desk of the Italian MFA in Rome from 2006 to 2008, Deputy Diplomatic Advisor to Italian Minister of Economic Development, and acted as Foreign Advisor to the members of the Italian government in charge of foreign trade from 2008 to 2013. He was also appointed Minister Plenipotentiary by the Council of Ministers in 2009.

More recently, Ambassador Novello has worked as the ambassador of Italy to Norway and Iceland from 2013 to 2017, and the Senior Vice President Institutional Relations for Avio SpA of Italy (otherwise known as a space company producing the European light launcher Vega) from 2017 until present time.

Furthermore, Ambassador Novello has worked as a lecturer in International Relations at the University of Trieste from 2005 to 2008. He is also co-author of a book and author of several articles on international relations and law and has received awards including the Royal Norwegian Order of Merit and the Gold Medal of Dante Alighieri Society of Italy.

Not to mention, Ambassador Novello is a passionate cyclist, having travelled back and forth from Northern Italy to Paris, to the southern tip of the Italian peninsula and Croatia. He has done this despite suffering from multiple sclerosis for several years. Ambassador Novello is very active in promoting the rights of fellow persons with disabilities and the removal of architectural barriers.

Ambassador Novello is fluent in English, French, German, Spanish, and Esperanto. He also obtains knowledge of Dutch and Greek, and is interested in Latin literature, social psychology, and HR management.

Ambassador Novello was born in Dolo (Greater Venice, Italy). He is married, has one son and twin daughters.

https://amblaja.esteri.it/ambasciata_laja/it/

Allianz to sponsor IOC

1 January 2021: Allianz SE, global insurance company headquartered in Munich, Bavaria, will now work with the International Olympic Committee (IOC) to provide insurance solutions and services to support the Olympic Movement as it began its eight-year worldwide partnership. 

“Allianz is proud to be the Worldwide Insurance Partner of the Olympic and Paralympic Movements,” said Oliver Bäte, Chief Executive Officer of Allianz SE as per statement linked below. “As a supporter of the sports ecosystem and through the shared core values of excellence, friendship, inclusion and respect, Allianz and our 148,000 employees and 100,000 agents are excited to care and deliver for athletes, their families and their ambitions.”

Allianz’s eight-year partnership period will cover the Olympic Winter Games Beijing 2022, the Olympic Games Paris 2024, the Olympic Winter Games Milano-Cortina 2026 and the Olympic Games LA 2028. The company’s support has already seen the Milano-Cortina 2026 Organising Committee move its headquarters into the Allianz Tower in Milan.


For further information
International Olympic Committee: https://www.olympic.org/news/allianz-officially-begins-eight-year-worldwide-olympic-partnership

Kenya: A Journey of Heroes

By Nur Hani Laily Ramli.   

Once upon a time, Kenya is a land of the bewildered, stories of legendary fables and myths engulfed the peoples with tales of spirituality and the divine. Most often, tales of heroes triumphant in battles riddled Kenyan kids’ bedtime stories.

The heroes of old served as role model for the many warrior tribes in Kenya. But as the modern age emerge, and as the tribes of Kenya lead the modern living, the mystic tales of heroes of old and their adventures were quietly forgotten. But the heroes of Kenya lives on, their stories now told humbly still radiate inspiration and admiration, and this is their story. This is the side of Kenya which needs to be shared with the world.

The world was shocked when a rural Kenyan teacher won the Global Teacher Prize, beating all odds. The shockwave hit Kenyan newspapers like wildfire. In the streets, his name was the talk of town. Remarkably, Peter Tabichi came from a humble beginning, leading a very humble life in the countryside of Kenya. As he puts his heart out towards his passion for teaching, he puts duty over self, as he imparts knowledge in a difficult environment. And believe me, the trials he went through to be Kenya’s modern hero is indeed impressive.

Teaching in a rural school in Kenya is a feat not meant for the weak heart. His duty as a teacher transcends teaching at school, as he also reached out to the local community, who were plagued with continuous famine and drought, and ultimately assisted in solving tribal violence afflicting the society. His story is worthy to be told like heroes of old, as a modern hero of Kenya.

Nur Hani Laily

Women have always been the backbone of development in Kenya. Always at the forefront of entrepreneurship, Kenyan women lead their communities in private enterprises with the one aim to earn a living. Most of the time, single mothers work informal jobs to make ends meet, as living standards are at the bare minimum in Kenya.

At times of hardships, creative solutions turn the very best mothers into business owners, turning raw materials into beautiful crafts which adds value not only to the business, but personally as well. The women heroes of Kenya set up small and medium enterprises, and in turn help other ladies in the community who share the same fate. There have been plenty of success stories in Kenya, and Kazuri Beads Factory in Nairobi is just one of them. Women in Kenya are indeed the deserved heroes the country needs.

Ergo, these stories are two tiny illustrations in a sea of heroic stories in modern Kenya. Apropos the stories of heroes of old, these modern heroic stories needs to be told in repeat, so as the next generation knows that heroes are born, they are made, through hardships, through perseverance, and through sacrifices. Heroism is a state of mind, as everyone can be a hero.

Mohammed VI awarded Medal of Merit

HM King Mohammed VI of Morocco – Picture by Prime Minister’s Office, Government of India

Friday, 15 January 2020, Washington D.C., USA: outgoing US President Donald Trump awarded His Majesty King Mohammed VI of Morocco the ‘Legion of Merit’ in the degree of Chief Commander for his “positive influence” on the political scene in the Middle East, referring in particular to the normalization of relations with Israel. 

Trump, who sees the normalization of a number of Arab countries to their relations with Israel as a major achievement in presidential foreign policy. President Trump broke decades of diplomacy in December2020 by recognizing the full sovereignty of Morocco over the disputed Western Sahara, while Morocco pledged to normalize relations with the State of Israel. 

The White House presented King Mohammed VI with the Order of Merit at a private ceremony in the Oval Office attended by the Moroccan ambassador to the USA, HH Sharifa Lalla Joumala Al Alaoui. The bestowal is a reciprocity after Sharifa Lalla Joumala presented President Donald Trump with the ‘Order of Mohammed’, also known as the Order of Sovereignty, which is the Sharifian kingdom’s highest award, normally reserved for heads of state and high ranking members of royal and ruling houses.  

White House senior adviser Jared Kushner and Middle East Envoy Avi Berkowitz received other awards for their work on the Israel-Morocco deal, which was reached in December. The Legion of Merit is a military award created to honour the Allied leaders in World War II, and was dormant until Trump revived it. Trump awarded the medal last month to the prime ministers of Australia, India and Japan as well, and earlier in September 2020 to the late Emir of Kuwait, Sabah IV

President-elect Joe Biden has not promised to retain Trump’s recognition of Moroccan sovereignty in Western Sahara, an erstwhile Spanish colony, which has been in tension since the 1970s as the Front for the Liberation of Sakia El Hamra and the Valley of Gold (Polisario) demand the territory’s independence. Morocco controls most of Western Sahara, but the United Nations does not recognise its sovereignty over it.

For further information  
White House: https://www.whitehouse.gov/briefings-statements/statement-press-secretary-awarding-legion-merit-degree-chief-commander-majesty-mohammed-vi-king-morocco/

Moroccan Foreign Ministry (US to open consulate in Western Sahara region): https://www.diplomatie.ma/fr/washington-annonce-le-début-du-processus-d’ouverture-d’un-consulat-des-etats-unis-à-dakhla 

Embassy of the Kingdom of Morocco in Washington, D.C.: https://www.embassyofmorocco.us 

Fatou Bensouda, preliminary examination of the situation in Iraq/United Kingdom

Today, I announce the conclusion of the preliminary examination into the situation in Iraq/United Kingdom (UK) following a thorough process. I have decided, as set out in my Office’s detailed report to close the preliminary examination and not to open an investigation.

In 2014, my Office re-opened the preliminary examination into the situation in Iraq/UK on the bases of new information received. Since then, my Office has been rigorously examining allegations of crimes committed by UK nationals in Iraq during the course of the UK’s military involvement in Iraq. In particular, the Office has focussed on a sub-set of allegations related to the mistreatment of Iraqi detainees in UK custody.

The Office has previously found, and today confirmed, that there is a reasonable basis to believe that members of the British armed forces committed the war crimes of wilful killing, torture, inhuman/cruel treatment, outrages upon personal dignity, and rape and/or other forms of sexual violence. The Office has identified a confined number of incidents to reach this determination which, while not exhaustive, appear to correspond to the most serious allegations of violence against persons in UK custody.

The Office further found that several levels of institutional civilian supervisory and military command failures contributed to the commission of crimes against detainees by UK soldiers in Iraq. In this respect, a key aspect that warranted scrutiny was whether the evidence available supported referring criminal charges against commanders and other superiors for such conduct.

The Office has found that the initial response of the British army in theatre at the time of the alleged offences was inadequate and vitiated by a lack of a genuine effort to carry out relevant investigations independently or impartially. The institution of public inquiries and the subsequent creation of the Iraq Historic Allegations Team (IHAT) in the UK were a response to the admitted failures of the British army at the time to conduct effective investigations.

The question for my Office was whether the subsequent investigations carried out by the UK authorities were genuine, or if there was evidence that potential perpetrators had been shielded from criminal justice.

The Office acknowledges the efforts made by the UK authorities, even if at a later stage, in setting specific mechanisms to address these allegations, and the relevant resources placed into investigating the allegations. Nevertheless, the outcome of the more than ten year long domestic process, involving the examination of thousands of allegations, has resulted in not one single case being submitted for prosecution to date: a result that has deprived the victims of justice. Although a handful of cases have been referred for prosecution, in each instance, prosecution was declined on evidentiary and/or public/service interest grounds.

This outcome has triggered apprehension among observers that either the underlying claims were vexatious, or, conversely, that the UK process was not genuine. Unpacking these issues has proven complex and accounted for the length and scope of the Office’s examination and the resulting report.

On the question of vexatious claims, the fact that the allegations investigated by the UK authorities did not result in prosecutions does not mean that these claims were vexatious. At most, it means that the domestic investigative bodies could not sustain sufficient evidence to refer the cases for prosecution, or on cases referred, there was not a realistic prospect of conviction in a criminal trial.

As the UK authorities have admitted, a significant and recurrent weakness in the cases investigated was the dearth of forensic evidence and inconsistencies in witness testimony given the historical nature of the investigations, years after the events. While some of those factors are a common feature in the investigation of crimes of this nature, these results were also in large part due to the inadequacies of the initial investigations conducted by the British military in theatre.

At the same time, the fate of criminal inquiries contrasts with the large number of civil claims resolved either before the High Court, where the evidence was challenged and tested, or through out of court settlements. These have involved claims with respect to hundreds of victims alleged to have suffered conditions of detention and mistreatment amounting to inhuman or degrading treatment.

Other public inquiries, commissioned reviews and policy mechanisms have concluded that practices which occurred during the early rotations of UK military deployments in Iraq fell below the required standards of conduct. In this context, the Office has found untenable the proposition that these various processes all arose from vexatious claims.

To assess genuineness, the preliminary examination has engaged in a detailed and complex assessment of numerous stages in the investigative and prosecutorial process leading to cases being filtered out or discontinued.

The Office also examined the extent to which the UK authorities looked at systemic issues and related questions of command and supervisory responsibility. It also conducted its own separate inquiry into reported allegations made by a number of former UK investigators concerning intentional disregarding, falsification, and/or destruction of evidence during the course of domestic investigations, as well as the impeding or prevention of certain investigative inquiries and the premature termination of cases.

The Office’s report has identified numerous concerns with respect to how specific decisions on certain matters were arrived at. The ICC, however, is not a human rights body called upon to decide whether in domestic proceedings, the requirements of human rights law or domestic law have been violated. Instead, it is tasked with determining whether it should exercise its own competence in a criminal case, in place of a State.

To do so, the ICC must be satisfied that no relevant proceedings have been undertaken, or if they have, that those proceedings were not genuine, either because the State is unable to undertake genuine proceedings, or because the State is unwilling to do so in the sense that it has taken steps to shield perpetrators from criminal justice. Given the range and scope of the allegations examined by IHAT and its successor, the Service Police Legacy Investigations, the Office assessed that it could not conclude that the UK authorities had remained inactive. Instead, the more relevant question was their genuineness.

If shielding had been made out, an investigation by my Office would have been warranted. Following a detailed inquiry, and despite the concerns expressed in its report, the Office could not substantiate allegations that the UK investigative and prosecutorial bodies had engaged in shielding, based on a careful scrutiny of the information before it. Having exhausted reasonable lines of enquiry arising from the information available, I therefore determined that the only professionally appropriate decision at this stage is to close the preliminary examination and to inform the senders of communications. My decision is without prejudice to a reconsideration based on new facts or evidence.

While this decision might be met with dismay and disappointment by some stakeholders or perceived as an endorsement of the UK’s approach by others, the technical reasons set out in the accompanying report should temper both impressions.

As a prosecuting office, our aim is to bring a measure of justice to the victims of atrocity crimes in strict conformity with our mandate, without fear or favour. That commitment and duty are always subject to the possibilities and limits set by the Court’s founding treaty, the Rome Statute, and a rigorous objective assessment of the applicable legal criteria.

The University of Buenos Aires of Argentina wins 8th ICC Moot Court Competition, Spanish version

On 9 December 2020, the University of Buenos Aires (UBA) won the 8th Edition of the International Criminal Court (ICC) Moot Court Competition, Spanish version. The Alberto Hurtado University (Chile) and the UNAM ACATLAN (México) won, respectively, second and third places. Members of the winning team are Fátima López Verde, Tatiana Chelli, Delfina Lladó and Laura Gabriela Hinojosa.

Nineteen teams from Argentina, Chile, Colombia, Mexico, Perú, Spain and Venezuela participated in this year’s simulation exercise on the applicable law and jurisprudence of the ICC. The teams competed on a fictitious case, presenting oral arguments in the roles of the Office of the Prosecutor, Defence and Legal Representatives of Victims.

Due to Covid-19 pandemic, the 8th ICC Moot Court Competition, Spanish version, had only a written phase. The memorials of the three teams with the highest scores were provided to an International Jury composed of former ICC Judge Sylvia H. Steiner, presiding, ICC Legal Officer Juan Pablo Calderón Meza and Coalition for the ICC Legal Officer Ricardo Izquierdo. On the basis of the memorials, the International Jury decided which teams came in first, second and third places.

The eighth edition of the Spanish version of the ICC Moot Court Competition has been organised by the Ibero-American Institute for Peace, Human Rights and International Justice (IIH), with the institutional support of the International Criminal Court.

In the context of its Academic Programme, the ICC supports the organisation of ICC Moot Court Competitions in Chinese, English, Russian and Spanish, with a view to also support Arabic and French versions in the future. These initiatives play a critical role in galvanising interest in the Court’s work with academic communities as well as in enhancing promotion and respect for international criminal law.