After the Biden-Putin Geneva Summit

of Prisoner’s Dilemma and Confrontation Nostalgia

By: Tomislav Jakić

Was the, with little expectations, but a lot of combinations and nervousness, awaited summit of the Presidents of America and Russia, a failure? It was not. And can it be described as a success, as a breakthrough from the winter of a renewed Cold War? Again – no! So what was this summit then, what – if anything – did the Geneva meeting bring?

It was an attempt that could not be written off as a complete failure, it was an indication that – as President Biden said – there is no alternative to face-to-face talks. And it was a hint of hope that the two great powers, one a superpower and the other much more than a regional power, as President Obama mockingly called it, might be able to set out to identify common interests and work together in those areas, as well as find ways and methods. to resolve what is in dispute in their relationship. Where we should not forget the saying  by Lev Tolstoj, quoted during his press conference by President Putin: “In life there is no hope, there is only a promise of hope.”

And it is that promise of hope, what we can call the only tangible result of the summit which lasted about three and a half hours, instead of the announced five to six. Of course, this will fuel new speculations and different interpretations from those that Biden was tired and lost the concentration, to the one that the participants reached a deadlock but – not wanting to make things even worse, than they already are – simply stopped.

Of the concrete results, the world has learned only one, just one: two states are returning their ambassadors to their places: the Russian ambassador is returning to Washington, and the American to Moscow. Everything else remained in the domain of what Biden defined, correcting one journalist who aggressively asked him: “And how can you be confident, that . . .?”. He said, namely: “I did not say  I’m confident, but we ‘ll see.” And what we should see is the continuation of talks on the control and hopefully arms reduction (nuclear in the first place), the formation of a working group between the two countries that would deal with the cyber attacks, so-called hacking. Then (and again the announcement!) the possibility of talks on the exchange of arrested American citizens in Russia, ie Russians in America, as well as the approach to the problem in Ukraine based on the agreement from Minsk (confirmed by both presidents!). And what is particularly important: a joint effort to achieve strategic stability.

About this and only about this, not about the whole meeting, a joint statement by the two Presidents was published: “The extension of the New START agreement demonstrates our commitment to the control of nuclear weapons. Today, we reaffirm the principle that nuclear war cannot be won and that it must never be fought . “It may not seem like much, but it is. Today, it is!    

Both sides agreed, and the two presidents held separate press conferences, that the talks took place in a constructive atmosphere and that there were no threats from either side. Putin described Biden as a sensible and experienced politician, and Biden skillfully avoided journalistic insistence on how he explained to Putin why he called him a killer : “My explanation was good enough for him and that’s enough for me.” On the other hand, the pragmatic Putin indirectly referred to Biden’s statement, quoted so many times, that, looking Putin in the eye at a previous meeting, he concluded that he had no soul. “We do not have to look each other into eyes, searching for the soul, nor do we have to make eternal friendship”, said Putin.

A confirmation that it was a summit convened with no great expectations is the fact that neither Putin invited Biden to Moscow, nor was Putin invited by Biden to Washington. But, and again, even a little more than nothing, is much, especially when we take into account the circumstances in which the Geneva summit was held and all that happened in previous years.

Of course, the US side “recited” their compulsory program of complaints regarding Russia’s violations of human rights, including the statement that the deaths in jail of opposition leader Navalny would be “a disaster” for relations of the two countries. In doing so, Biden went a little too far, arguing that the struggle for human rights is something that is part of the American being, “it’s us,” consciously forgetting that the United States from their beginnings until the sixtieth of the last century denied basic human rights, initially even freedom, to all its colored citizens, that the first unit composed of colored Americans enlisted in the U.S. Army only in World War II (but separately from whites) , and that cases of racial discrimination even today happen practically on daily basis. 

Putin, as it could have been expected, used this at his press conference to counter every question related to the human rights in Russia (what was by CNN, not denying anything of what Putin said, proclaimed as a return to the methods of Soviet propaganda). Too bad no one remembered to ask what the consequences would be and for whom if Julian Assange would die in jail.

Almost “under the radar” passed a significant concession made by the United States, ie the deviation from their previous position. The intention (however, this is just the announcement) to form a working group of the two countries to deal with the cyber attacks means that in silence the accusations that such attacks were staged by Russia, the Russian secret services, and even Putin himself, were abandoned.

The atmosphere, not only the one in which the Geneva summit was held, but the one in the Western world, could be deduced the most from the behavior of journalists who were questioning the two presidents. It is neither uninteresting nor unimportant to mention that American journalists could have been present at Putin’s press conference, while Russian journalists were banned from Biden’s press conference. But it was these American journalists who behaved at both press conferences like barking dogs (which is not to say anything bad about dogs). In their questions they insisted on confrontation, on the continuation of confrontation ( “Have you threatened to use military force?”, was one of the questions to Biden). 

One of the most evident examples of pre-prepared questions, no matter what, and certainly regardless of the facts, was the one about Russians demanding that journalists of Radio Liberty (the Russian version of Radio Free Europe) register as “foreign agents “. Putin, namely, previously explained, and it is a matter of common knowledge to anyone who is familiar in the media scene, that it were the Americans who first demanded that Russian journalists in the United States register as foreign agents. Then, and only then did Russia introduce the same for the American journalists working there.

But obviously it is true that what one can do, another cannot do. Along with the sad statement that a large part of the journalists in the West, consciously or not, accepted to be turned into a propaganda weapon of the ruling.

So it is not at all impossible that Biden, although “secured” by the presence of his experts, from the Secretary of State to the Chief of the Joint Chiefs of Staff, as well as with a separate press conference, will experience in America something similar , albeit in a milder form, to what befell Trump after his talks with Putin in Helsinki. Obviously, there are strong forces in the United States (which then influence the behavior in the first place of the Atlantic Pact, but then the European Union too), which are not interested in peace and understanding, which base its existence on confrontation, on the existence of enemies. Real, or imaginary – it doesn’t matter. And obviously there is a propaganda apparatus that serves them. They simply cannot like Biden’s statement that his agenda is not against Russia, but for American people.

But if that statement becomes what will make the summit memorable (in the city of peace, as the Swiss president said while welcoming Biden and Putin), then it is entirely justified to say that the meeting, which was by no means spectacular, which lasted shorter than it was expected, which did not result in any key breakthroughs in any area, was not in vain. Because, if there is a President in the White House whose program is not to “work against Russia” and if Putin knows that now, then there is a chance that the world will move away from the edge of general chaos into which it is inevitably pushed by the worsening American-Russian relations. Then there is, as Tolstoy would say, a promise of hope.

About the author:

Author is one of the most influential Yugoslav and Croatian journalists, who is covering the international relations for over 50 years and who served as Foreign policy Advisor to Croatian President Stjepan Mesic (2000. – 2010.).

The first superpowers summit that, Mr. Jakic personally covered was a Carter – Brezhnev meeting in Vienna 1979.


The BAPSI Project and the webinar “Risk Disaster in Seafood Management”

By Domenico Letizia

Over the last few decades, natural and human-induced disasters have become more frequent and increasingly destructive. Populations depending on fisheries and aquaculture for their livelihoods have become increasingly vulnerable and have been seriously affected by the loss of life and property. These disasters are beyond the control of the victims. It is therefore imperative to understand the characteristics of the fishery and aquaculture sector and the livelihood of small-scale fishing and fish farming communities from a technical, social, and economic point of view.

The webinar “Risk Disaster in Seafood Management” gave participants an overview of all types of disasters, their consequences, and why it is important to be fully aware and prepared.

The important webinar “Risk Assessment in Food Safety

Fisheries constitute the fastest growing sector meeting global protein requirements. Aside from being an affordable enterprise, it is considered a safe food source as the muscles of healthy fishes are almost sterile. However, a multitude of hazards (biological, chemical, and environmental) can be introduced into aquaculture throughout the production and supply chain. They can originate from unsuitable farming practices, environmental pollution, and socio-cultural habits prevailing in various regions. With an increasing global population and demand for aquacultural products, food safety concerns are becoming significantly evident; therefore, ensuring safe, secure, affordable, and quality food for all in a global context is pragmatically difficult.

The webinar “Risk Assessment in Food Safety” will summarize the main issues related to food safety risks, with a final debate among experts.  

Neighbourhood Treaty between Poland and Germany at 30

Ambassador Prof. Dr. Andrzej Przyłębski at Brandenburg’s Diet – Picture by Landtag Brandeburg.

Thursday, 17 June 2021, Postdam, Brandenburg, Germany: With a ceremony in the plenary hall, Brandenburg’s State Diet honoured the signing of the neighbourhood treaty between Germany and Poland 30 years ago. 

Speaker Prof. Dr. Ulrike Liedtke said the agreement was “a milestone” in the relations between the two countries and continues to be an important basis for their exchange at all levels as well as for togetherness in Europe. She praised the close German-Polish cooperation in science and research, art and culture, tourism, crime prevention and business. “It is the connections between citizens that make up our contact,” the Landtag Speaker added.

The “Treaty between the Federal Republic of Germany and the Republic of Poland on Good Neighbourliness and Friendly Cooperation” was signed on 17 June 1991 by the heads of government and foreign ministers of both countries. At the same time, the founding of the German-Polish Youth Office was agreed. Ulrike Liedtke paid tribute to the youth exchange: three million young people had already taken part in the programmes, “an incredible, impressive figure!”.

The President of Parliament also recalled the trade union movement Solidarność as well as the Polish May Constitution of 1791 and emphasised: “Separation of powers, rule of law, freedom of opinion and democracy, these are pan-European values today – to the happiness of all of us. They unite us and our peoples. They enable Europe to act together, which is more urgent than ever in so many fields.”

The Ambassador of the Republic of Poland, Prof. Dr. Andrzej Przyłębski, emphasised the historical significance of the Neighbourhood Treaty, which continues to shape relations today: “It is also an example of how centuries of resentment, even hatred, can be transformed into friendly neighbourliness.” He called for the victims of Poland in the Second World War not to be forgotten. Poles living in Germany should be recognised as a national minority and Polish language teaching should be more strongly promoted, even outside schools. 

On the occasion of the 30th anniversary of the Neighbourhood Treaty, he said, he wished “that genuine interest in Poland would arise in Germany”, in its history and its system of values. The ambassador expressly praised the plans of several parliamentary groups in the state parliament to anchor friendship with Poland in the Brandenburg constitution. This is also an obligation, he said: “More is demanded of friends than of ordinary acquaintances or neighbours.”

In his speech, the Premier of Brandenburg and Federal Government Coordinator for German-Polish Cooperation, Dr. Dietmar Woidke, said that in the past 30 years both countries had achieved “much more than we had dared to hope”. It was one of the greatest achievements of the then Chancellor Dr. Helmut Kohl to recognise the Oder-Neisse border in the border treaty with Poland. Before that, Chancellor Willy Brandt had already initiated reconciliation by kneeling in Warsaw.

The head of the Brandenburg government called for “finally creating a central place of remembrance and commemoration where the German crimes against the Polish people are comprehensively presented”. At the same time, he called for looking ahead and further developing relations: “Brandenburg continues to see great opportunities and potential for the future in the German-Polish integration area.” There are so many personal and professional relationships across the border “that have defied many a political irritation”, he emphasised.

The ceremony was accompanied musically by Aleksandra Dzwonkowska-Wawrzyniak (Poland) on the marimba. Afterwards, at the beginning of its 47th plenary session, the Landtag (State Assembly) debated a motion on “30 years of the Neighbourhood Treaty with the Republic of Poland”.

The motion calls on the state government to sustainably develop relations with Poland, to support better transport connections and networking in all areas and to “overcome the dividing lines of the border”. 

For further information

Diet of Brandenburg State: https://www.landtag.brandenburg.de/de/aktuelles/aktuelle_meldungen/landtag_wuerdigt_deutsch-polnische_beziehungen_(17.06.2021)/995821

https://www.landtag.brandenburg.de/de/meldungen„wegweisend“:_liedtke_woidke_und_przylebski_wuerdigen_30._jahrestag_des_deutsch-polnischen_nachbarschaftsvertrages/995760?_referer=396519

The Order of the White Star to Lilli Jahilo

The President of Estonia Kersti Kaljulaid handed out 152 state decorations on June 4th to people who, through their work and commitment, have helped to change life in Estonia for the better. The recipients of the decoration also included fashion designer and entrepreneur Lilli Jahilo. 

Lilli Jahilo is the daughter of former the Ambassador of the Republic of Estonia to The Hague H.E Mr. Peep Jahilo.

We would like to thank all of our clients, partners and supporters – all of this was made possible only thanks to you!️ “I am so grateful and moved by this recognition. I have never dared to even dream of anything like this. Life surely had a surprise in store! What can I say.

I really love my work. One foot in a designer’s, the other in an entrepreneur’s shoe. There have been plenty of challenging moments, but somehow we’ve managed to keep on going. But the best thing about this journey by far are the people I have had the pleasure, honor and privilege to meet – this has only been possible with your support. From the bottom of my heart – thank you! ” – Lilli






Karim Asad Ahmad Khan new Prosecutor of the International Criminal Court

Mr Karim Asad Ahmad Khan QC sworn in today as the Prosecutor of the International Criminal Court

Today, 16 June 2021, Mr Karim Asad Ahmad Khan QC gave his solemn undertaking and formally took office as the Prosecutor of the International Criminal Court during a ceremony held at the Seat of the Court in The Hague, The Netherlands.

Mr Khan, a national of the United Kingdom of Great Britain and Northern Ireland, was elected as ICC Prosecutor on 12 February 2021, for a nine-year term, at the second resumed nineteenth session of the Assembly of States Parties to the Rome Statute in New York.

In accordance with article 45 of the Rome Statute, founding treaty of the ICC, the ceremony was held in open court. The ceremony was presided over by ICC President, Judge Piotr Hofmański. Reflecting on the critical role of the Prosecutor in the Court’s work in his remarks, President Hofmański stated: “While Judges are the ones who ultimately decide on the verdict in each case, it is also true that those cases would never reach the judges without the Prosecutor’s decision to bring them to court. And it is the Prosecutor who is responsible for the way in which preliminary examinations, investigations and prosecutions are conducted, and how evidence for the prosecution is selected and presented.” “On behalf of the Court, I offer heartfelt congratulations to Mr Karim Asad Ahmad Khan QC. As President of the Court, I look forward to working with him to strengthen our joint institution”, he added.

The Vice-President of the Assembly of States Parties, H.E. Ambassador Kateřina Sequensová

The Vice-President of the Assembly of States Parties, H.E. Ambassador Kateřina Sequensová, speaking on behalf of the ASP, stated that Mr Khan brings “an impressive amount of experience in international criminal justice” and that she was confident that his tenure “will constitute a fundamental pillar in the process of delivering international justice which we are all deeply committed to”. H.E. Ambassador Sequensová then administrated the solemn undertaking.

Mr Khan took a public oath of office declaring: “I solemnly undertake that I will perform my duties and exercise my powers as Prosecutor of the International Criminal Court honourably, faithfully, impartially and conscientiously, and that I will respect the confidentiality of investigations and prosecutions”.

Mr Khan then signed his oath before the ICC Registrar, Mr Peter Lewis, and delivered his first remarks as the Prosecutor of the ICC.

“The Rome Statute architecture is a promise to the future that tomorrow need not be as bleak and sorrowful as yesterday”, stated Prosecutor Khan. “I am truly and sincerely humbled at my opportunity to serve, and the responsibilities that have been entrusted in me. I will do my outmost to discharge those responsibilities without fear or favour, faithfully and with integrity, and in full conformity with solemn declaration that I have just given”, he added.

Remarks of ICC President Judge Piotr Hofmański

Remarks of ASP Vice-President H.E. Kateřina Sequensová

Remarks of ICC Prosecutor Karim Asad Ahmad Khan QC

Fatou Bensouda finishes her mandate as ICC Prosecutor

“To be effective, to be just and to be a real deterrent, the Office of the Prosecutor’s activities and decisions must be based solely on the law and the evidence. During my tenure, I have done my utmost to live by these convictions in the service of the Rome Statute, without fear or favour”, stated Prosecutor Bensouda reflecting on her mandate.

In the past week, a number of farewell events were held in honour  of  the outgoing Prosecutor of the International Criminal Court Mrs Fatou Bensouda, whose nine year mandate at the head of the ICC Office of the Prosecutor comes to an end on 15 June 2021. She has served the Court since 2004, first as Deputy Prosecutor. Mr Karim Asad Ahmad Khan will be sworn in as Prosecutor of the ICC as of today, 16 June 2021.

At the different events, the Principals and staff of the Court, State representatives and a range of other distinguished attendees thanked Prosecutor Bensouda for her dedicated service to the ICC for close to two decades. Interventions, through live remarks or video contributions, noted the accomplishments of Prosecutor Bensouda and her lasting legacy, as well as the significant challenges, which have marked her term and which she has overcome with grace, resilience and professional integrity.

Speakers included, inter alia, UN Deputy Secretary-General, H.E. Ms Amina J. Mohammed; ICC President, Judge Piotr Hofmański; ICC Registrar, Mr Peter Lewis; ICC Deputy Prosecutor, Mr James Stewart, President of the Assembly of States Parties (ASP), Ms Silvia Fernandez de Gurmendi; former President of the ASP, Judge O-Gon Kwon; Minister of Foreign Affairs of The Netherlands, H.E. Ms Sigrid Kaag; Minister of Foreign Affairs of The Gambia, H.E. Dr Mamadou Tangara; Minister of Justice (Attorney General) of The Gambia, The Honourable Mr Dawda A. Jallow; UN Under-Secretary-General for Legal Affairs & Legal Counsel, H.E. Mr Miguel de Serpa Soares; Ambassador of Senegal, H.E. Mr Momar Gueye; Ambassador of The Gambia, H.E. Ms Teneng Mba Jaiteh; Acting Convenor of the Coalition for the International Criminal Court, Ms Melinda Reed, and former US Prosecutor at the Nuremberg trials, Mr Benjamin Ferencz.

Order of Malta honours NRW Premier Armin Laschet

Tuesday, 15 June 2021, Düsseldorf, NRW, Germany: North Rhine-Westphalia’s Premier Armin Laschet received one of the highest awards granted by the Sovereign Military Hospitaller Order of Saint John of Jerusalem, of Rhodes and of Malta at the State Chancellery. He was awarded the Grand Cross “Pro Merito Melitensi” for his refugee-friendly, and migration policy.


“We are very grateful to Premier Armin Laschet for his work and support in recent years in the field of refugee and migration policy. Refugee work is at the centre of our daily work,” said Dr. Erich Prinz von Lobkowicz, President of the German Association of the Sovereign Order of Malta, when awarding the Grand Cross “Pro Merito Melitensi” as per statement below in the German language, and added: “We have come to know and appreciate Armin Laschet as a supporter of Malteser’s concerns, whose political actions are always based upon Christian values.”

Malteser has been working continuously in North Rhine-Westphalia for asylum seekers and refugees since 1991 as the only contractual partner of the state. At present, Malteser works are in charge of ten community shelters in Borgentreich, Echtrop, Hamm, Mönchengladbach, Neuss, Rees (two), Soest, Viersen and Wickede-Wimbern. 

Malteser International is an important support for asylum seekers and refugees, especially in the current crises (Corona pandemic/refugee crisis 2015/2016). In this context, Malteser Germany benefits from the good integration of Malteser Werke as a social enterprise with special expertise in the social care of collective accommodation and Malteser Hilfsdienst as a disaster control, relief and voluntary organisation.

During the ceremony, Premier Armin Laschet said: “For many centuries, the work of Malteser has conveyed Christian solidarity and charity, created cohesion and is an indispensable part of our social life. Many thousands of voluntary and full-time Malteser employees work every day for asylum seekers and refugees as well as for weak, sick and lonely fellow human beings and are an important support for them. Malteser International can also be relied on in the Corona pandemic: With 17 vaccination centres in which Malteser International is involved and seven of which it manages independently, Malteser International is making a central contribution to the progress of the largest vaccination campaign in our country and to combating the pandemic. To receive the Grand Cross of the Order of Malta is a great honour for me.”

The Order of Malta, which has had diplomatic relations with the Federal Republic of Germany since 2018, awards the Grand Cross of Merit very rarely and only for the fourth time to a premier  in Germany. The last time it was awarded was in 2009 to the then Premier of North Rhine-Westphalia, Jürgen Rüttgers.

The Grand Cross “Pro Merito Melitensi” was endowed in 1916. It is awarded exclusively to personalities who have rendered outstanding services to the reputation of Malteser and supported its humanitarian goals.


About the Order of Malta – The Sovereign Order of Malta is a Roman Catholic religious order founded in Jerusalem in 1099, which additionally became a spiritual order of knights after the First Crusade. 
Under international law, the Order, which has provided international humanitarian aid since its foundation, is still considered a sovereign, non-state subject of international law. In the latter capacity, the Order also has its own government, sends ambassadors and has its own jurisdiction. The aim of the Order, which today has about 13,500 members internationally, is to provide charitable support worldwide to the elderly, the disabled, refugees, those suffering from terminal illnesses and lepers – regardless of religion or origin.

For further information


Order of Malta in Germany: https://www.malteser.de/newsdetails/news/hohe-auszeichnung-der-malteser-fuer-armin-laschet.html?fbclid=IwAR07_hiOliVR3wVjL_1YCXXYbxEaIPsE6ECWUjxHENF38ovRypozioM_d1M

Celebrations for ‘Genforeningen’ at the Dano-German border

Elke Büdenbender, Premier Daniel Günter (Schleswig-Holstein), President Frank-Walter Steinmeier, Queen Margrethe II, PM Mette Frederiksen (Denmark) ©Patricio Soto

Sunday, 13 June 2021, Aabenraa, Kingdom of Denmark: In 2020, 100 years had transpired since Southern Jutland (northern part of the historical Duchy of Schleswig) was reunited with Denmark, something that is known as ‘Genforeningen‘ within the realm. Owing to the Corona virus pandemic celebrations were postponed until the summer of 2021, which were led by Her Majesty The Queen of Denmark, and the German Federal President, Dr. Frank-Walter Steinmeier who travelled accompanied by the Royal Danish Ambassador in Germany, Susanne Hyldelund. The incumbent Premier of Schleswig-Holstein, Daniel Günther was likewise invited as one of the state dignitaries.  

The celebrations recreated the triumphant ‘homecoming’ of King Christian X who in 1920 entered the territories that were reunified with Denmark after a plebiscite on the matter. Around 100,000 Southern Jutlanders welcomed the monarch, and Queen Alexandrine. The town’s people handed over the Dannebrog (Danish flag) to Christian X at Kongeskansen. The Danish flag had been taken down in 1864 from Sønderborg. According to stories, the king received Dannebrog, and thereafter bent down and kissed the flag’s cloth.  

Picture by Keld Navntoft.

Kongeskansen at Dybbøl Banke is the place where the Danish Army in 1864 suffered its greatest defeat vis-à-vis the Prussian Army, and was forced to withdraw to Als. Southern Jutland was lost; therefore it was also there that in 1920 one could celebrate that the land area was again part of Denmark.  

In front of the Deutsches Museum Nordschleswig (German Museum in North Schleswig), Queen Margrethe II and the Federal President of Germany planted two trees symbolising the good relations between the Danish and German minorities on both sides of the border. 

Through art and cultural history collections, the museum illuminates identity, everyday life, schooling, war participation 1939-45, the legal settlement and the development after 1955. 

In Southern Jutland live about 15,000 people belonging to the German minority that emerged in 1920 as a result of the referendum and border relocation. The members of the minority perceive themselves as German North Schleswigers, Danish citizens with German identity as well as a firm foothold in the region.  The Danish Prime Minister Mette Frederiksen, The Crown Prince of Denmark and Prince Christian were also present during the celebrations. 

For further information:


Danish Royal Household: https://www.kongehuset.dk/foto-video/genforeningsfejring
German Federal Presidency: https://www.bundespraesident.de/DE/Home/home_node.html#-gallery
Reunification’s website: https://genforeningen2020.dk/media/3848/baggrund-om-markeringen-fra-sekretariatet.pdf
Royal Danish Embassy in Germany, Switzerland and Liechtenstein (HE Ambassador Susanne Hyldelund): https://tyskland.um.dk

ICC’s Investigation of the Situation in the Philippines

Statement of the Prosecutor, Fatou Bensouda, on her request to open an investigation of the Situation in the Philippines

Today, I announce that the preliminary examination into the situation in the Republic of the Philippines has concluded and that I have requested judicial authorisation to proceed with an investigation.

As I stated in December 2019, at the annual session of the Assembly of States Parties, before I end my term as Prosecutor of the International Criminal Court, I intend to reach determinations on all situations that have been under preliminary examination during my tenure, as far as I am able to do so in accordance with my obligations under the Rome Statute. In that statement, I also indicated the high likelihood that several preliminary examinations would progress to the investigative stage.

The situation in the Philippines has been under preliminary examination since 8 February 2018. During that time, my Office has been busy analysing a large amount of publicly available information and information provided to us under article 15 of the Statute. On the basis of that work, I have determined that there is a reasonable basis to believe that the crime against humanity of murder has been committed on the territory of the Philippines between 1 July 2016 and 16 March 2019 in the context of the Government of Philippines “war on drugs” campaign.

The Office does not take a position on any government’s internal policies and initiatives intended to address the production, distribution and consumption of psychoactive substances within the parameters of the law and due process of law, and in the present case, it is duly acting strictly in accordance with its specific and clearly defined mandate and obligations under the Statute.  Following a thorough preliminary examination process, the available information indicates that members of the Philippine National Police, and others acting in concert with them, have unlawfully killed between several thousand and tens of thousands of civilians during that time. My Office has also reviewed information related to allegations of torture and other inhumane acts, and related events as early as 1 November 2011, the beginning of the Court’s jurisdiction in the Philippines, all of which we believe require investigation.

Aware of the complex operational challenges that will be faced by the Office if an investigation is authorised by the Pre-Trial Chamber, we have also been taking a number of measures to collect and preserve evidence, in anticipation of a possible investigation. These steps have been taken within the scope of the statutory powers entrusted to the Prosecutor by the Rome Statute at the preliminary examination stage, and where appropriate, we have sought and obtained judicial authorisation to do so. Indeed, in recent years, Pre-Trial Chambers of the Court have increasingly stressed the importance of utilising the full range of powers that may be available to the Court prior to the initiation of an investigation to preserve evidence and protect persons who may be at risk.  We have acted diligently in conformity with this judicial guidance.

Having reached this determination and implemented these measures, some of which were delayed by the onset of the global pandemic, on 12 April 2021, I notified the Presidency of my intention to file a request pursuant to article 15 of the Statute, which I proceeded to file on 24 May 2021. Today, I have filed a public redacted version of the request, in the interests of transparency and also to provide notice to the victims as foreseen in rule 50(1) of the Rules of Procedure and Evidence of the Court.

Although the withdrawal of the Philippines from the Rome Statute of the ICC took effect on 17 March 2019, as the Court has previously found in the context of the Burundi situation, the Court retains jurisdiction over crimes that are alleged to have occurred on the territory of that State during the period when it was a State Party to the Rome Statute. Moreover, these crimes are not subject to any statute of limitation.

My term as Prosecutor will end shortly. Any authorised investigation in the Philippines will fall to my able successor, Mr Karim Khan, to take forward.  In this context, it is clear that how the Office, under his leadership, will set priorities concerning this investigation will need to take into account the operational challenges arising from the continuing pandemic, the severe limitations on the ICC’s available resources, and the Office’s current heavy work commitments. Indeed, these considerations have been a key component of the discussions I have had with my successor, respecting the transition and handover of the Office’s workload.

As I stated many times before, the Court today stands at a cross-roads in several concurrent situations, where the basis to proceed is legally and factually clear, but the operational means to do so are severely lacking. It is a situation that requires not only prioritization by the Office, which is constantly being undertaken, but also open and frank discussions with the Assembly of States Parties, and other stakeholders of the Rome Statute system, on the real resource needs of the Court that will allow it effectively to execute its statutory mandate.

There is a serious mismatch between situations where the Rome Statute demands action by the Prosecutor and the resources made available to the Office. As the end of my term approaches, I reiterate my call for a broader strategic and operational reflection on the needs of the institution, and what it is intended to achieve – in short, an honest reflection on our collective responsibility under the Rome Statute to advance the fight against impunity for atrocity crimes. The victims of these egregious crimes deserve nothing less.

Bensouda, published the Policy on Cultural Heritage

ICC Prosecutor, Fatou Bensouda, publishes Policy on Cultural Heritage: “Cultural heritage is the repository of the human experience throughout the ages. To protect it, is to pay homage to the basic fabric of civilisation and civilizational practice.”

The Prosecutor of the International Criminal Court, Mrs Fatou Bensouda, published the Policy on Cultural Heritage of the Office of the Prosecutor.

The urgent need to act decisively to protect cultural heritage in times of war and conflict has driven the effort to produce this Policy. Mindful that wilful attacks on cultural heritage are a pervasive feature of conflict, and drawing upon the Preamble of the Rome Statute, the Prosecutor recalled that “[a]ll peoples are united by common bonds, their cultures pieced together in a shared heritage […] and this delicate mosaic may be shattered at any time.”

The Office successfully brought charges relating to cultural heritage in September 2015, in the case against Mr Al Mahdi, emanating from its investigations in the Situation in Mali. The accused was found guilty by the Judges of the ICC in September 2016. The Office equally brought relevant charges in the Al Hassan case. Both cases recognise the importance of investigating and prosecuting crimes against or affecting cultural heritage. Through this Policy, the Office commits to continuing to do so in all cases across situations under investigation where the evidence supports such charges in accordance with its mandate under the Statute.

The development of this Policy is in line with the Office’s Strategic Plan to pay particular attention to crimes against or affecting cultural heritage and the commitment to systematically investigate and prosecute such crimes. The Policy aims, among other objectives, to enhance clarity on the application of the legal framework, including for staff of the Office, through all stages of the Office’s activities.

It is the by-product of consultations with subject matter experts and a broad range of partners, in recognition of the Office’s resolve that “an effective strategy to address the destruction of cultural heritage requires a multi-faceted and collaborative approach.”

Round table consultations to initiate the drafting process took place with a group of eminent external experts, including from the United Nations Educational, Scientific and Cultural Organization (“UNESCO”), in 2017. Written consultations with States Parties, civil society representatives and others followed the issuance by the Office of a draft policy in March of this year, inviting comments for its independent consideration. During this process, the Office has enjoyed close collaboration with UNESCO, and benefited from the insights of, inter alia, States Parties, the United Nations Special Rapporteur on Cultural Rights, the International Committee of the Red Cross, Blue Shield International, civil society, academics and academic institutions and other external partners.

‘’Cultural heritage constitutes a unique and important testimony of the culture and identities of peoples and the degradation and destruction of cultural heritage constitutes a great loss to those communities which are directly affected, as well as to the international community as a whole’’, said the Prosecutor. ‘’It is the repository of the human experience throughout the ages. To protect it, is to pay homage to the basic fabric of civilisation and civilizational practice.”

In welcoming the Policy, Director-General of UNESCO, Ms Audrey Azoulay stated that: “[t]he protection of cultural heritage under international law is an integral part of peace building and lasting peace. All efforts to strengthen the protection of cultural heritage, in line with the values of the United Nations and the UNESCO conventions, are important.”

As part of its commitment under the Policy, the Office will enhance its efforts to identify, support, and engage with initiatives addressing instances of crimes against or affecting cultural heritage. This includes by responding, where possible and in conformity with the Rome Statute, to requests for assistance from States to access information collected by the Office which might assist them in furtherance of their own investigations and prosecutions.  It further includes participating, where appropriate, in coordinated efforts within the global network of investigative and prosecutorial bodies to address the scourge of such crimes.