Statement from the Specialist Prosecutor’s Office.
Over the last number of weeks, my Office has received many questions from journalists about statements made by the KLA War Veterans Association, which has on a number of occasions engaged in activities which I believe are aimed at undermining the proper administration of justice.
During this time, I have also observed the commendable professionalism and ethical integrity of Kosovo’s journalists and other public commentators, many of whom have spoken clearly about how such activities undermine the rule of law and the course of justice.
I want to take this opportunity to commend the ethical journalists throughout Kosovo who have refused to publish documents provided to them, as well as the multiple journalists who have voluntarily provided us with the documents they received from the KLA War Veterans Association and publicly acknowledged that participating in disseminating such information could be a crime under the Kosovo Criminal Code.
The SPO is committed to vigorously investigating and prosecuting individuals who commit any such crimes, including the disclosure of the identity of individuals who may be called before the court or any information that could lead to their identification.
Kosovo Tribunal, The Hague. Picture by Wikipedia Public Domain.
Diplomat Magazine’s Diplomatic Adviser, Henri Estramant & Erlan Bekeshovich Abdyldaev – Picture by Royal Bridges.
Wednesday, 16 September 2020, Berlin, Germany: The Kyrgyz’s Republic’s erstwhile foreign chief of diplomacy (2012-2018) Erlan Bekeshovich Abdyldaev (in Kyrgyz: Эрла́н Беке́шович Абдылда́ев) has been accredited as ambassador to the Federal Republic of Germany at Bellevue Palace before Federal President Dr. Frank-Walter Steinmeir.
The Kyrgyz Embassy based in Berlin also covers the Scandinavian countries. Ambassador Abdyldaev is a career diplomat who speaks fluent Kyrgyz, Russian, Mandarin and English.
Kyrgyzstan’s Embassy in Germany maintains an office in Bonn. Besides the embassy’s accreditation to Germany, the mission is concurrently accredited to Denmark, the Holy See, Poland, Norway and Sweden.
Abdyldayev was born on 21 June 21 1966 in Alma-Ata, today Almaty in Kazakhstan. In 1989 he graduated from the Moscow State Institute of International Relations. He is married, and has a son and a daughter.
Dr Jong Bum-goo & Bodo Ramelow – Picture by Thüringische Staatskanzlei.
Monday, 21 September 2020, Erfurt, Free State of Thuringia, Germany: Premier of Thuringia Bodo Ramelow, the only sitting head of government from The Left Party in Germany, received at the State Chancellery for a courtesy call, the Ambassador of the Republic of Korea, Dr. Jong Bum-goo, who serves as his country’s top envoy in Germany since 26 January 2018.
Ambassador Dr. Jong Bum-goo is a former deputy from the National Assembly of the Republic of Korea, who studied political science in Germany (University of Marburg in Hesse), and speak fluent Korean, German, English and Spanish.
Monday, 21 September 2020, Free and Hanseatic City of Hamburg: Hamburg shall be host to a Franco-German Gymnasium: the latter shall be the only Franco-German Gymnasium (grammar school) in Germany outside the border region with France.
There are now four locations in total: Freiburg, Saarbrücken, Hamburg and Buc (Paris metropolitan region). At the foundation ceremony, Hamburg’s First Mayor Dr. Peter Tschentscher and the Ambassador of the French Republic to Germany, Anne-Marie Descôtes, broke ground for the new building on the Struensee campus.
School Senator Ties Rabe said as per statement below -in its original German version: “The new Franco-German Gymnasium in Hamburg is a special opportunity for the whole of Hamburg and a promising model for the future, modelled on other tried and tested, well-functioning Gymnasiums in Germany and France.
The large, conveniently located school grounds of the Struensee Gymnasium and the spacious new building for both schools provide good conditions for continuing the good cooperation with the Lycée Français at the new location as a ‘German-French Gymnasium’. At the same time, this new foundation will further enhance the value of the Struensee campus as a school location”.
France has been Hamburg’s most important foreign trade partner for decades; the volume of trade between Hamburg and France is worth around Around 1,500 Hamburg companies have business contacts with France; more than 5,400 French people live in Hamburg. Since 1958 Hamburg and Marseille have been closely linked by a town twinning arrangement.
Washington says that a broad range of pre-2015 United Nations sanctions on Iran are now effective again. Iran and most UN Security Council members beg to disagree. Does that sound confusing? Well, it is.
On August 21st, 2020, US Secretary of State Mike Pompeo travelled to the United Nations headquarters to formalize a step that he had already been announcing for a few weeks: the United States would trigger the so-called “snapback” mechanism to reimpose UN sanctions on Iran. The move was met by a wave of opposition in the Security Council – not only from typical diplomatic adversaries of the US such as China and Russia, but also from some of its closest allies in Europe. What is all this diplomatic fuss about? To understand what is happening today, it is necessary to rewind the story to around five years ago.
It was July 2015 when, after over ten long years of tense and complicated negotiations, Iran and the world’s major powers found a solution to the dispute around Tehran’s nuclear program. The deal – formally known as the Joint Comprehensive Plan of Action (JCPOA) – revolved around a core compromise. On the one hand, Iran would pledge never to develop a nuclear weapon, also accepting a strict monitoring regime to be implemented by the International Atomic Energy Agency (IAEA). On the other hand, the international community would reciprocate by lifting a host of sanctions and restrictive measures that it had previously imposed on Tehran, thus paving the way for Iran’s full reintegration into the international community.
Immediately after the JCPOA’s signature, the UN Security Council decided to endorse the deal by means of resolution 2231. Besides endorsing the JCPOA and encouraging its implementation, the Security Council had the difficult task of deciding how to handle potential issues of non-compliance that could not be addressed through the deal’s own dispute resolution mechanisms. Discussions among the members led to an original mechanism. According to the resolution, if a JCPOA participant state believed that another party was violating the deal’s provisions, this state could notify the Security Council and trigger the so-called “snapback” mechanism – a 30-day process at the end of which a number of sanctions lifted under resolution 2231 would be reinstated, unless the Council would decide otherwise.
The snapback mechanism put a significant amount of power in the hands of the P5, the five powers holding veto rights in the Council. Indeed, each of these states could unilaterally reverse resolution 2231 and reimpose sanctions on Iran in two plain steps: first, by accusing Tehran of non-compliance and triggering the snapback; then, by simply vetoing any resolution that could block the snapback. Thirty days after the notification of non-compliance, pre-2015 UN sanctions on Iran would be effective again. As a signatory to the JCPOA holding veto power in the Security Council, the US unequivocally enjoyed this power to reverse resolution 2231. Yet, Washington’s decision to withdraw from the JCPOA in May 2018 has called this right into question – thus leading to the standoff that we can currently observe.
On the one hand, Washington claims that it still has the right to initiate the snapback under resolution 2231. The US argument – outlined by a legal brief published by the State Department – broadly goes as follows. The resolution’s Article 11 gives the right to initiate the snapback to any “JCPOA participant State” – a definition that, according to Article 10, includes the US. This definition – Washington argues – is “fixed in content and fixed over time”, thus allowing the US to trigger the snapback regardless of any development taking place after the adoption of the resolution. If the US has the right to trigger the snapback, therefore, pre-2015 UN sanctions on Iran are now back in force.
But does the US have the right to trigger the snapback mechanism in the first place? Thirteen out of fifteen members of the UN Security Council believe that Washington’s move is not legitimate under international law. Perhaps unsurprisingly, this position is also shared by Iran, whose diplomatic missions have been circulating a legal note signed by a number of international law experts who dispute the US interpretation of resolution 2231. According to this argument, the US forewent its status as JCPOA participant when it withdrew from the agreement in May 2018. As a result, Washington currently has no right to initiate the snapback, and the pre-2015 UN sanctions on Iran are not active at the moment.
So, more than 30 days after Secretary Pompeo’s notification to the UN on August 21st, are the UN sanctions on Iran active again? As confusing as it might be, the answer seems to depend on whom we ask the question to. Looking around at the opinions expressed by countries and international law experts, Washington is far outnumbered by its critics. But if you, dear reader, are enough confused to be curious, please look at the two legal notes linked above to make up your mind. “Sanctions or no sanctions? That is the question…”
About the author:
Guido Lanfranchi
Guido Lanfranchi is an international affairs analyst based in The Hague/Paris.
He has studied at Leiden University and Sciences Po Paris, and he has interned with the Council of the European Union and the Clingendael Institute. His research focuses on the Middle East, Africa, and the EU.
Last week at the presidential palace president Joko Widodo appointed 20 new ambassadors including to The Netherlands.
His Excellency Bapak Mayerfas will be the new ambassador which includes also to the OPCW. He will replace the popular I Gusti A. Wesaka Puja who served his country between 15 February 2015 – 26 June 2020. Before leaving our country, ambassador Puja received the Knights-Grandcross in the Order of Orange-Nassau from His Majesty King Willem-Alexander.
Ambassador Puja has been a strong promotor of friendship and trade between Indonesia and The Netherlands, which is of great importance considering the historic ties which binds us with more than 1 million persons living in The Netherlands with roots in Indonesia.
Before being appointed ambassador BapakMayerfas – 60 years of age – was secretary-general of the Ministry of Foreign Affairs at Jakarta. Earlier he was ambassador to Vietnam and previously deputy-chief of mission at Bejing. Born in Padangpanjang on the island of Sumatra he later studied International Relations at Padjadjaran University at Bandung.
He’s married, with two children. Building on the best diplomatic traditions since Indonesia’s independence Ambassador Mayerfas will strengthen relations between The Netherlands and Indonesia.
The annual tradition before the state opening of parliament, known as “Prinsjesdag” was lot different this because of Covid. Usually it takes place at the Grote Kerk with hundreds of guests – of all religious denominiations – including members of the government and parliament.
Now the Prince’s day celebration was reduced, but important enough not to abolish. The venue Roman Catholic St. James church at Parkstraat, guests included Prime Minister Mark Rutte, Minister of Justice Ferd Grapperhaus and Minister of Defence Ank Bijleveld.
The chairman of Prinsjesdag Stichting (Prince’s Day Foundation) is the well known Roman Catholic pastor in The Hague Dr Ad van der Helm. But that’s not all he does, he’s – amongst other positions – adjunct-professor of canon law at Leuven University (Belgium), a clerical judge for Surinam and chair of The Hague Council of Churches. It was the first time that Prince’s Day celebration was aired on national television. Vicar van der Helm’s, welcoming speech:
“We have noticed in recent months that human life is precious. Because of care and because of the economic situation, extra money is being spent on supporting people. It takes courage and guts to spend so much money.
In spite of this generosity, tensions are growing and irritation is increasing. People feel that their fundamental rights are being eroded.
We would almost forget that this year we are commemorating 75 years of freedom.
What do we do with this freedom?
In the following clips, peacemakers will have their say. They draw on their personal convictions to express this peace and to give it substance, because human life is precious.
Religious streams see in man a reflection of the Eternal. They each express this with their own words and with different images. Humanism underlines the inviolability of mankind. The great diversity of people confirms this starting point. Take a look at the passers-by in the clips: they are all precious.
We have recently experienced unprecedented restrictions on freedom in peacetime. However, precisely in isolation that people have come closer together. Through special initiatives of connection, people have supported each other and helped each other through difficult times. We need to hold on to each other in the time to come.
So, there are always choices to be made, because the other is precious. Freedom to protect the other person’s precious, that is our motto today. For now I wish you a moment of peace and rest”.
Photography by Ad van der Helm with His Holiness Pope Franciscus. Source: www.advanderhelm.nl
Ambassador Wu Ken & Premier Dietmar Woidke – Picture by Staatskanzlei Brandenburg.
Monday, 21 September 2020, Brandenburg: Wu Ken, the People’s Republic of China Ambassador to Germany paid his inaugural visit to Brandenburg, and was received by Premier Dietmar Woidke.
The LKT Lausitzer Klärtechnik GmbH located in Luckau was selected for a commercial side to the visit. During Premier Woidke’s 2018 economic mission to China, the former company’s Managing Director Michael Müller signed a contract for 300 biological small sewage treatment plants and three larger plants.
Thus far some are installed, and provide for better environmental protection in the southern Chinese province of Fujian. LKT is an important employer for the region with now 62 employees (over 50% more from 10 years ago) and 4 apprenticeships.
The discovered case of African swine fever in Brandenburg was also discussed between the ambassador and premier. Therefore Premier Woidke campaigns for the import ban on pork to China to be relaxed.
President Trump & Sheikh Nasser Sabah Al-Ahmed Al-Jabr Al Sabah – Picture by US Department of State.
Friday, 18 September 2020, Washington D.C., USA: His Highness The Emir of the State of Kuwait, Sheikh Sabah IV Al-Ahmad Al-Jaber Al-Ali Al Sabah was awarded the Legion of Merit with the rank of Chief Commander.
The Emir’s son, and erstwhile minister of Diwan of Amiri Diwan, former Deputy Prime Minister and Minister of Defence, HE Sheikh Nasser Sabah Al-Ahmad Al-Sabah accepted the accolade on the Kuwaiti head of state’s behalf in a private ceremony at the White House from the hands of President Donald Trump. The Emir thus became the first recipient of this prestigious honour since 1991, and only the third Arab leader to ever be awarded the Legion of Merit.
A leader in the Middle East for decades, the Emir has been a truly unwavering friend and partner to the United States. He provided indispensable support to the United States throughout Operation Iraqi Freedom, Operation Enduring Freedom, and the Defeat-ISIS campaign. The Emir is also an unparalleled diplomat, having served as his nation’s foreign minister for 40 years. His tireless mediation of disputes in the Middle East has bridged divides under the most challenging circumstances.
ICC Pre-Trial Chamber I rejects Comoros’ request for judicial review of the Prosecutor’s decision not to open an investigation
Pre-Trial Chamber I of the International Criminal Court (‘ICC’) issued on September 16 its decision rejecting the request submitted by the Government of the Comoros seeking a judicial review of the Prosecutor’s decision not to proceed with an investigation with respect to crimes allegedly committed in the context of the 31 May 2010 Israeli interception of the Humanitarian Aid Flotilla bound for the Gaza Strip.
By way of background, on 14 May 2013, the Union of the Comoros – a State Party to the Rome Statute – referred to the ICC Prosecutor the situation concerning ‘the 31 May 2010 Israeli raid of the Humanitarian Aid Flotilla bound for Gaza Strip’.
On 6 November 2014, the Prosecutor decided not to initiate an investigation, as she considered that the potential case(s) likely to arise following an investigation would not be of ‘sufficient gravity’ to justify further action by the ICC. On 16 July 2015, Pre-Trial Chamber I requested the Prosecutor to reconsider her decision, and did so again on 15 November 2018, having found that the Prosecutor had failed to properly reconsider. Pre-Trial Chamber I’s decision of 15 November 2018 was confirmed on appeal. On 2 December 2019, following reconsideration, the Prosecutor once again reaffirmed her position that no potential case arising from the situation would be sufficiently grave to justify further action by the ICC.
In the decision issued today, Pre-Trial Chamber I found that the Prosecutor did not genuinely reconsider her 6 November 2014 decision not to investigate. The Chamber found that the Prosecutor failed to correct the errors identified by the Chamber in the 16 July 2015 decision and committed new errors in her assessment of the gravity of the potential case(s).
Nonetheless, the Chamber decided not to request the Prosecutor to reconsider her decision again. Pre-Trial Chamber I held that, based on the guidance received from the Appeals Chamber, it was unclear whether and to what extent it may request the Prosecutor to correct the errors identified by the Chamber. Pre-Trial Chamber I considered that the current jurisprudence of the Appeals Chamber did not establish with sufficient clarity the exact distribution of prerogatives between the Prosecutor and pre-trial chambers.
