The US 2020 Presidential Elections: The saga continues

By Guido Lanfranchi.

While Joe Biden is now widely recognized as the United States’ president-elect, the 2020 Elections saga is not over yet. Alleging that the vote has been marred by fraud, President Trump has vowed to challenge the results in court. Moreover, the race for the control of the Senate is not over yet, with two seats to be allocated after a run-off in January. The elections saga thus continues, with major implications for the US and for the whole world. 

A few days after Election Day on November 4th, the world finally got the news that it had been waiting for with growing impatience: the United States have a new president-elect. After an extremely tight race, observers and media outlets have eventually identified Joe Biden as the future President of the US – an outcome that will have to be officially confirmed by the Electoral College on December 14th. The Trump campaign, however, has not yet acknowledged this result. President Trump himself has repeatedly alleged that the vote has been marred by fraud. He has thus pledged to challenge the results in court – a process that, according to the original timeline of US elections, could drag until December 8th

Embassy of the USA in The Hague

How did the situation come to this point? The 2020 round of elections in the United States was conducted under very special circumstances. Over the last months, the country has been heavily affected by the COVID-19 pandemic, which has not only imposed certain changes to the electoral process, for instance in terms of increased use of early voting and mail ballots, but it has also exacerbated an already high degree of political polarization in the country.

It was against this backdrop that, at the conclusion of Election Day on November 4th, the ballots casted by US citizens started to be counted. While pre-election polls had portrayed Joe Biden as the favorite candidate, the initial results announced by the media saw Trump well-positioned to compete, thanks to his success in Florida, as well as to his good performance in a number of key states, such as Georgia and Pennsylvania. As the tallying proceeded, however, results started to favor Biden, who first gained Arizona (a longtime Republican state), and then conquered Wisconsin, Michigan, and Pennsylvania (three states that, albeit belonging to the so-called “Blue Wall” Democratic stronghold, had been won by Trump in 2016). In the wake of these successes, Biden was eventually identified as president-elect.

Yet, as of the time of writing the Trump campaign has not yet given up its fight. Since long before election day, Trump had been casting doubts over the election process, taking issue especially with mail ballots. In the wake of the vote, the President has repeatedly claimed that the election has been rigged against him, and he has vowed to take the issue to court. Yet, he has so far failed to provide convincing evidence, and some of the lawsuits presented by his campaign, such as those in Georgia and Michigan, have been quickly dismissed by judges. In the meanwhile, members of the Republican party have shown contrasting attitudes – some of them supporting the President’s claims, while others urging him to concede to his adversary’s success. 

To add to the complexity of this round of elections, Trump’s accusations of electoral fraud are not the only issue that keeps the US political race open. On November 4th, many US citizens cast their ballots not only for the choice of the President, but also for that of members of Congress – which is currently split between the Democrats, who control the House of Representatives, and the Republicans, who have a majority in the Senate. While the results available so far have not delivered a way out of this deadlock, the race remains open, as the results for the Senate hinge on two run-offs to be held in Georgia on January 5th

Therefore, a few days after Election Day, the race for the control of political power in the United States remain extremely heated. The world might finally have a name for the new president-elect, but the political struggle in the United States is set to continue for the weeks to come. 

About the author:

Guido Lanfranchi

Guido Lanfranchi is an international affairs professional based in Den Haag, Netherlands. He studied at the Leiden University and Sciences Po Paris, and got with the Council of the European Union in Brussels. His research focuses on the EU, the Middle East and Africa.

“Necessity of ending the economic, commercial and financial blockade imposed by the United States of America against Cuba”.

The Embassy of Cuba in The Netherlands’ statement on the report presented by the country on resolution 74/7 of the United Nations General Assembly.

The Report covers the period from April 2019 to March 2020, marked by a serious setback in the bilateral relations between Cuba and the United States and a progressive tightening of the economic, commercial and financial blockade. 

The Embassy would like to highlight that examples of tightening of US blockade during this period are the numerous regulations and provisions issued by the U.S. government against Cuba reached unprecedented levels of hostility. The possibility to bring claims under Title III of the Helms Burton Act in the US tribunals; the increased prosecution of Cuban financial and commercial transactions; the prohibition of flights from the USA to the provinces of Cuba, except for Havana; the intimidations of companies that send fuel supplies to Cuba, and campaign to discredit Cuban Medical Cooperation Programs, among others examples. 

Actions and sanctions adopted by the US government are particularly alarming in 2019 with the imposition of 90 coercive economic measures against Cuba, and the monitoring ships and shipping companies that transport fuel to the Island. In this regards, were adopted illegal sanctions against 27 companies, 54 vessels and 3 individuals linked to the commercial sector. Penalty  to 12 American and third country entities for violating regulations from the Office of Foreign Control (OFAC) were imposed, which in total exceeds 2.4 billion dollars, and application of the Helm-Burton Act as a mechanism for illegal pressure against third countries, their governments and companies. 

The effect and obstacles provoked by the US blockade against the economic development that Cuba is building in a sovereign manner are clear and quantifiable. No sector of the Cuban economy escapes the effects of the blockade, even the Cubans living abroad cannot carry out transactions normally, just because they have Cuban nationality.

The accumulated damage over almost six decades of implementation of this policy amounts to USD 144,413,400,000. Taking into account the depreciation of the dollar against the value of gold on the international market, the blockade has caused quantifiable damages of over USD 1,098,008,000,000. This value represents a growth of 19 percent over the previous period, as a result of the increase in the price of gold by 18.3 percent. Between April 2019 and March 2020, the blockade causes losses estimated to amount to 5 thousand 570, 3 million dollars.

The full report can be headed here:http://www.minrex.gob.cu/en/report-cuba-resolution-747-united-nations-general-assembly-necessity-ending-economic-commercial-and

Information: http://misiones.minrex.gob.cu/en/netherlands/embassy-cuba-netherlands

In the picture H.E. Ms. Soraya Alvarez, Ambassador of Cuba.

Condé confirmed as Guinea’s president

President Alpha Condé – Picture by US State Department

Saturday, 7 November 2020, Conakry, Republic of Guinea: Guinea’s Supreme Court ruled in favour of incumbent head of state, Alpha Condé, who garnered 59,50% of the popular vote in the presidential election held on 18 October. In accordance to the decision President Alpha Condé shall be sworn in for a third mandate in a row. 

Professor Condé (born 4 mars 1938 in Boké) is in power since December 2010, and holds the headship of state under the support of the Party for the Guinean People. He is merely the fourth president of Guinea, and the only one elected by popular ballot since the country gained independence from France in 1958. Previous to holding the presidential office he was a professor in public law at Sorbonne University in Paris. 

The President of Guinea is the country’s head of state, head of the executive branch of government as well as commander of the Armed Forces. He resides at Sekhoutoureah Presidential Palace based in Conakry. 

For further information 
http://www.presidence.gov.gn

United Kingdom Contributes to OPCW

United Kingdom Contributes £1M to Support OPCW’s Cyber Resilience and Centre for Chemistry and Technology

In the picture, the Permanent Representative of the United Kingdom to the OPCW, H.E. Ambassador Ms Joanna Roper CMG, and OPCW Director-General, H.E. Mr Fernando Arias at OPCW Headquarters.

THE HAGUE, Netherlands –  6 November 2020 – The Government of the United Kingdom of Great Britain and Northern Ireland has made two contributions totalling £1M to a special Organisation for the Prohibition of Chemical Weapons (OPCW) Trust Fund to support a number of major projects and activities of the Organisation.

A contribution of approximately £700,000 (€774,000) will support the activities of the Trust Fund for Security and Business Continuity. The funding will allow the OPCW to keep enhancing its cyber resilience from a security and business continuity perspective thus ensuring the Organisation is well prepared to meet current and future challenges.

Another contribution of £300,000 (€332,000) will be made to the OPCW Trust Fund to support the upgrade to the current OPCW Laboratory and Equipment Store through the construction of a new Centre for Chemistry and Technology (“ChemTech Centre”).

The contribution was formalised today during a ceremony between the Permanent Representative of the United Kingdom to the OPCW, H.E. Ambassador Ms Joanna Roper CMG, and OPCW Director-General, H.E. Mr Fernando Arias, which was held at OPCW Headquarters in The Hague.

Ambassador Roper remarked: “I am delighted that one of my first tasks as the UK’s Permanent Representative to the OPCW is to agree a further UK voluntary contribution of £1m to OPCW programmes. This funding will go towards the ChemTech Centre and cybersecurity, and the UK is pleased to support these valuable strands of OPCW work.”

H.E. Ambassador Ms Joanna Roper CMG, the Permanent Representative of the United Kingdom to the OPCW, and OPCW Director-General, H.E. Mr Fernando Arias during the meeting.

The Director-General thanked the UK Government for the contribution and expressed: “Our aspiration for a world free of chemical weapons can only become reality through concerted institutional action. I am grateful to the United Kingdom for its continued support, notably for the two important projects that underpin our strategic vision for remaining fit-for-purpose guardians of the global chemical weapons ban.”

Director-General Arias appealed to all OPCW Member States 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. He highlighted that “all contributions, regardless of size, are greatly appreciated”.

So far, 45 countries, the European Union, and three other donors have contributed or pledged to contribute financially to the ChemTech Centre project, and a considerable amount has been raised to date.

High-level delegation from Venezuela at the ICC

ICC Prosecutor, Mrs Fatou Bensouda, receives high-level delegation from the Bolivarian Republic of Venezuela in the context of its ongoing preliminary examinations

On 4 November 2020, the Prosecutor of the International Criminal Court (“ICC” or the “Court”), Mrs Fatou Bensouda, met with a high level delegation from the Bolivarian Republic of Venezuela (“Venezuela”), which included the Attorney General, Mr Tarek William Saab, and the Venezuelan Ombudsperson, Mr Alfredo Ruiz, at the Seat of the Court in The Hague, The Netherlands.

The meeting offered an opportunity for the Office to exchange with the delegation of the Bolivarian Republic of Venezuela on a number of aspects relating to the preliminary examination process and on the status of the two separate preliminary examinations conducted by the Office in relation to Venezuela (“Venezuela I” and “Venezuela II”), initiated in February 2018 and February 2020 respectively.

For their part, the Venezuelan authorities welcomed the Prosecutor’s availability to meet with them despite the current restrictions due to the Covid-19 pandemic, and renewed their commitment to support the Prosecutor and her Office in their independent and impartial work with respect to both situations concerning Venezuela.

With respect to the situation of Venezuela I, the Prosecutor conveyed to the delegation that the Office had concluded its subject-matter assessment and determined that there was a reasonable basis to believe that crimes within the jurisdiction of the Court have occurred in Venezuela. In this regard, the Office sought information on relevant domestic proceedings and their conformity with Rome Statute requirements.

With respect to the situation in Venezuela II, the Prosecutor updated the delegation on the status of the Office’s ongoing subject-matter assessment, which is aimed at reaching a determination on whether there is a reasonable basis to believe that the alleged conduct falls within the jurisdiction of the Court.

The Attorney General and Ombudsperson elaborated on the judicial system in Venezuela and the work of their respective offices and assured their willingness to cooperate in the framework of the Rome Statute with the work of the Prosecutor’s Office. To this end, the Venezuelan Attorney General invited Prosecutor Bensouda to visit Venezuela.

The Prosecutor reiterated that both situations (Venezuela I and II) remain under preliminary examination with a view to take a decision, upon completion, whether to open an investigation. Additional details, including on the Office’s findings will be available in the upcoming end of the year Report on Preliminary Examination Activities (2020).

The Office looks forward to the continued engagement with the Government of Venezuela and other relevant stakeholders in relation to the situations of Venezuela I and Venezuela II.

Kadri Veseli hearings in The Hague

Initial Appearance of Kadri Veseli in the Case of Specialist Prosecutor Vs. Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi

On 10 November 2020 at 15:00, the Initial Appearance of Kadri Veseli will be a public hearing and will take place in the courtroom of the Kosovo Specialist Chambers (KSC) in The Hague.

The indictment against Kadri Veseli was confirmed on 26 October 2020. Following their arrests by the Specialist Prosecutor on 4 and 5 November, Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi were transferred to the Detention Facilities of the Kosovo Specialist Chambers (KSC) in The Hague on 4 and 5 November.

The indictment charges Kadri Veseli, under various forms of criminal responsibility, with war crimes and crimes against humanity under international law.

The indictment, alleges that Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi are individually criminally responsible, under various forms of responsibility, for the crimes charged, which were committed in the context of a non-international armed conflict in Kosovo and were part of a widespread and systematic attack against persons suspected of being opposed to the KLA.

The indictment, states that the war crimes of illegal or arbitrary arrest and detention, cruel treatment, torture, and murder, and the crimes against humanity of imprisonment, other inhumane acts, torture, murder, enforced disappearance of persons, and persecution were committed from at least March 1998 through September 1999. 

The crimes charged took place in several locations across Kosovo as well as in Kukës and Cahan, in Northern Albania, and were committed by members of the Kosovo Liberation Army (“KLA”) against hundreds of civilians and persons not taking part in hostilities. The victims included persons suspected of being opposed to the KLA and later the Provisional Government of Kosovo, namely: (i) the Serbian, Roma and Ashkali populations; (ii) Catholics; (iii) civilians allegedly collaborating with Serb authorities or allegedly interacting with Serbs; (iv) Albanians affiliated to or supporting the Democratic League of Kosovo or other parties perceived as anti-KLA; (v) Albanians who did not join or support the KLA; and (vi) individuals with current or former employment perceived as anti-KLA.

Paul Gicheru makes first appearance before the ICC

Confirmation of charges procedure to be conducted in writing

In the picture, Paul Gicheru appearing before the ICC via video-link from the ICC Detention Centre on 6 November 2020 ©ICC-CPI

On 6 November 2020, Paul Gicheru appeared before Pre-Trial Chamber A of the International Criminal Court (“ICC” or “Court”), composed of Judge Reine Adélaïde Sophie Alapini-Gansou, as decided by the President of the Pre-Trial Division in accordance with rule 165(2) of the Rules of Procedure and Evidence (the “Rules”). Mr Gicheru is suspected of offences against the administration of justice by corruptly influencing witnesses of the Court.

The hearing was held in the presence of the Office of the Prosecutor. Mr Gicheru, who represented himself at this hearing, appeared via video-link from the ICC Detention Centre.

The Single Judge verified the identity of the suspect, and ensured that he was clearly informed of the offences against the administration of justice 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. 

The confirmation of charges procedure will, in principle, be conducted in writing pursuant to rule 165(3) of the Rules. The Single Judge set provisional dates for the procedure. The Prosecution is to file its document containing the charges by 12 February 2021. The Defence may file a list of evidence by 26 February 2021. The parties shall then file written submissions by 15 March; the Prosecution can file its reply to the Defence submissions by 22 March, and the Defence can reply by 29 March 2021.   

Judge Reine Adélaïde Sophie Alapini-Gansou of Pre-Trial Chamber A during the initial appearance of Paul Gicheru on 15 June 2020 ©ICC-CPI

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 offences against the administration of justice 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.

 3 November 2020, Paul Gicheru was surrendered to the custody of the International Criminal Court (“ICC” or “the Court”) by the Dutch authorities and arrived at the Court’s detention centre in The Netherlands.  Mr Gicheru, a lawyer formerly based in Kenya, is suspected of offences against the administration of justice consisting in corruptly influencing witnesses of the Court.

Mr Gicheru surrendered to the authorities of The Netherlands on 2 November 2020, pursuant an ICC arrest warrant issued in 2015. He was transferred the next day to the ICC custody after the completion of the necessary national arrest proceedings.  

Initial Appearance of Rexhep Selimi at the Kosovo Specialist Chambers

Public Hearing: Initial Appearance of Rexhep Selimi in the Case of Specialist Prosecutor Vs. Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi

On 11 November 2020 at 11:00, the Initial Appearance of Rexhep Selimi will take place in the courtroom of the Kosovo Specialist Chambers (KSC) in The Hague.

The indictment against Rexhep Selimi was confirmed on 26 October 2020. He was arrested by the Specialist Prosecutor’s Office on 5 November 2020 and transferred to the Detention Facilities of the Kosovo Specialist Chambers in The Hague on the same day.

The indictment charges Rexhep Selimi, under various forms of criminal responsibility, with war crimes and crimes against humanity under international law.

The Initial Appearance of Rexhep Selimi will be a public hearing. During an Initial Appearance the Pre-Trial Judge makes sure that the rights of the Accused, including the right to legal representation, are respected, and that the Accused understands the charges against him. The Initial Appearance can be viewed online with a short delay at https://www.scp-ks.org/en/streaming.

Oath of office for Tanzania’s Dr. Magufuli

Thursday, 5 November 2020, Mombasa, United Republic of Tanzania: Sitting president Dr. John Magufuli from the Chama Cha Mapinduzi political party was sworn in for a second term as Rais wa Jamhuri ya Muungano wa Tanzania, that is, head of state and government of the Tanzanian union government. The ceremony took place at Ikulu (White, or State House) located in Dar es Salaam, albeit the country’s formal capital is Dodoma City. 

President Dr. Magafuli was the indisputable victor after the general election held on 28 October, gaining 84.40% of the cast ballots. 
Presidential terms are limited to five years wherein the president serves as head of state, of the executive branch of the government of Tanzania as well as supreme commander of the Armed Forces.

He is deputised by a Vice President, the incumbent being the first female one, Samia Suluhu

President Dr. Magufuli won out his initial presidency on a platform of reducing government corruption and spending while also investing in Tanzania’s industries in 2015. He has been active in Tanzanian politics since the 1990s. 

For further information 
Presidency of Tanzania: https://www.ikulu.go.tz

President Dr. John Magufuli – Picture by Issa Michuzi, issamichuzi.blogspot.co.uk through Wikipedia Commons.

200 Years After the First Raising of the Argentine Flag in Malvinas

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By H.E. Mr. Felipe Solá, Minister of Foreign Affairs, International Trade and Worship of the Argentine Republic

November 6th 2020 marks an anniversary of great relevance in the protracted sovereignty dispute over the Question of the Malvinas Islands: on this date, two hundred years ago, David Jewett took possession of the Malvinas Islands, raising the Argentine flag in the Islands for the first time.

At the time of the May Revolution, the Malvinas Islands –which had been disputed between Spain, France and Great Britain in the 18th Century- were under the sovereignty of the Spanish authorities, which had an exclusive, effective and uninterrupted possession, unchallenged by Great Britain or any other foreign power. As successor State of Spain, those sovereignty rights passed on to Argentina.

The Spanish presence on the Islands came to an end on February 13 1811, when the last Governor of Malvinas during the viceroyalty times withdrew from the Islands, in the context of the conflict with Buenos Aires’ Primera Junta.

In spite of the Spanish withdrawal, the Malvinas Islands did not remain unoccupied or forgotten. A fluid circulation of goods, capitals and people continued to develop with the archipelago, thanks to its natural resources: sea lions and elephant seals, whales and wild livestock. British, North American, French and Argentine ships exploited those resources and used the islands’ and continent’s shoreline for docking, hunting and dressing stations. These activities drew the attention of Buenos Aires’ authorities, which, since 1813, had issued fishing permits, established regulations to prevent the depredation of resources and controlled the establishing of any permanent settlement in the region.

It is in that context that the raising of the national flag and the presence of David Jewett, a United States’ national at the service of the Argentine Navy, gains special relevance.

Since the outset of the independence process in Latin America in 1810, the new national governments had to fight the royalist power that opposed them from sea and land. David Jewett, as many other North American and European sailors, would join the fight at the service of the United Provinces, until 1817.

In January 1820, the Supreme Director of the United Provinces, José Rondeau, named David Jewett as ‘Army colonel at the service of the navy’, with all the attributions and prerogatives it entailed. He set sail on January 20 towards the South Atlantic in command of the frigate “La Heroína”, which was recognized by the Argentine government as a state warship.

By the end of October 1820, ten harsh months later, he reached Puerto Soledad in the Malvinas Islands, where he found vessels of different origins that called at that port temporarily as part of their hunting and fishing trips in the region.

On November 2nd, Jewett sent the other captains a circular informing them that he had been commissioned by the Government of the United Provinces to take possession of the archipelago and invited the other captains to meet him. He also pointed out that, in compliance with the rules set out by the authorities of Buenos Aires, he would seek to prevent the destruction of the Islands’ resources. On November 6th 1820, a ceremony was held where Jewett took possession of the Islands. According to witnesses like British captain James Weddell –who comments on it in his famous ‘A voyage to the South Pole (1822-1824)- and Frenchmen Louis Freycinet, colonel Jewett raised the Argentine flag, read a proclamation and fired 21 cannon shots in the name of the government of Buenos Aires, before the crews of the ships anchored at Puerto Soledad.

Three days later Jewett delivered to the captains present a circular in which he gave an account of the taking of possession of the Malvinas Islands on behalf of the Supreme Government of the United Provinces of South America, and of his willingness to act with justice and hospitality towards foreigners, also requesting that this information be communicated to other vessels.

The circular had a great repercussion in the international press. On August 3, the British newspaper The Times published an article in which it presented Jewett’s act as an act of sovereignty, as did the newspaper El Argos de Buenos Ayres in November.

While news of the events that took place in the Malvinas Islands continued to spread, Jewett stayed on the Islands for several months. He exercised his authority during his stay and until February 1821, when he requested the authorities of Buenos Aires to relieve him of his command. Guillermo Robert Mason was appointed as the new commander of La Heroína.

The solemn taking of possession of the Malvinas Islands was an official and public act which demonstrated the effective exercise of Argentine sovereignty -inherited from Spain-, received wide attention and was not contested by the United Kingdom (nor did it do so in 1825, when it recognized the United Provinces of the River Plate as an independent State by means of the Treaty of friendship, trade and navigation), or any other foreign power. This significant act is a fundamental link in the long chain of measures that, beginning with the first national government and ending with the forced removal of the Argentine authorities from Puerto Soledad in January 1833, demonstrate the young Argentine State’s continued and effective occupation and exercise of sovereignty over the Malvinas Islands.

This usurpation, which took place in times of peace, without a declaration of war, has never been consented by Argentina. Since then, and for the following 187 years, different Argentine governments have permanently claimed for the restitution of the full exercise of sovereignty over the Islands.

The international community’s support has been fundamental in this claim. The unanimous and early pronouncement of the Latin American countries in favor of the Argentine position was followed by those of other regional groups, as the international community organized in different multilateral forums. This support allowed the United Nations to adopt different resolutions directly or indirectly related to the Malvinas Question, which comprises the sovereignty dispute over the Malvinas Islands, South Georgias and South Sandwich Islands and the surrounding maritime areas.