Judge Solomy Balungi Bossa, presiding on the delivery of the judgment of the Appeals Chamber of the International Criminal Court on 2 September 2019 at the seat of the Court in The Hague, Netherlands ©ICC-CPI

ICC Appeals Chamber rejects the Prosecutor’s appeal

On 2 September 2019, the Appeals Chamber of the International Criminal Court (“ICC” or “the Court”), Judge Solomy Balungi Bossa presiding, delivered its judgment and rejected the appeal of the Prosecutor against the decision of Pre-Trial Chamber I on the “Application for Judicial Review by the Government of the Union of the Comoros”‘ of 15 November 2018. The Appeals Chamber’s judgment was taken by majority, with Judge Chile Eboe-Osuji and Judge Luz del Carmen Ibáñez Carranza issuing partly dissenting opinions.

By way of background, on 14 May 2013, a referral was received by the Office of the Prosecutor from the authorities of the Union of the Comoros, a State Party to the Rome Statute, in relation to an attack on 31 May 2010 by the Israeli Defence Forces on the Humanitarian Aid Flotilla bound for the Gaza strip. On 6 November 2014, the Prosecutor issued her decision not to investigate the attack. On 16 July 2015, Pre-Trial Chamber I, by majority, requested  the Prosecutor to reconsider the 6 November 2014 decision not to investigate the attack. Subsequently, on 29 November 2017 the Prosecutor filed her decision, which she considered to be final, reaffirming her previous decision not to investigate the attack. On 15 November 2018, Pre-Trial Chamber I directed the Prosecutor to reconsider her decision of 6 November 2014 not to investigate the attack in light of the specific directions of the Pre-Trial Chamber’s 16 July 2015 Decision. The Prosecutor then appealed this decision.

The Appeals Chamber Judgment today confirms the Pre-Trial Chamber’s decision of 15 November 2018 to the effect that the Prosecutor must reconsider her decision on the Comoros’ referral, by 2 December 2019, in light of the specific directions of the Pre-Trial Chamber’s 16 July 2015 Decision and the directions of the Appeals Chamber in its judgment. The Appeals Chamber nevertheless maintained, Judge Eboe-Osuji and Judge Ibáñez dissenting, that the ‘ultimate decision’ as to whether or not to initiate an investigation is that of the Prosecutor.

Legal reasoning

The Appeals Chamber considered that Pre-Trial Chamber I did not err in reviewing  whether a decision of the Prosecutor that she considered to be ‘final’ subsequently to a first request for reconsideration, does actually amounts to a proper ‘final decision’. The scope of the Pre-Trial Chamber’s review in such a case is limited to establishing whether or not the Prosecutor carried out the reconsideration in accordance with the Pre-Trial Chamber’s request.

The Appeals Chamber also noted that the Prosecutor is required to demonstrate how she addressed the relevant issues in light of the Pre-Trial Chamber’s directions. It also indicated that where questions of law arise, the only authoritative interpretation of the relevant law is that adopted by the judges of the Court. Also, the Prosecutor must comply, if directed by the Pre-Trial Chamber, to take into account certain available information when determining whether there is a sufficient factual basis to initiate an investigation.

However, the Majority of the Appeals Chamber found, Judge Eboe-Osuji and Judge Ibáñez dissenting, that it is not for the Pre-Trial Chamber to direct the Prosecutor as to how to assess this information and which factual findings she should reach. The Appeals Chamber found that the Prosecutor failed to follow the Pre-Trial Chamber’s legal interpretations and thus the Pre-Trial Chamber did not err when it decided to direct the Prosecutor to carry out a new reconsideration of her decision not to investigate.

From satisfied Eurojust ‘client’ to eager new French National Member

Baudoin Thouvenot became the new National Member for France at Eurojust on 1 September, replacing Frédéric Baab. Mr Thouvenot is a career investigative judge.

He was 12 years old when he decided on his future professional path, and he never changed course. His first appointment as an investigative judge was with the Court of Dunkerque in 1991, followed by several posts in the jurisdictions of the Court of Paris.

His last appointment was as Dean of the Investigative Judges for the Court of Paris. For 10 of his 15 years as an investigative judge for the Court of Paris, Mr Thouvenot was associated with the JIRS of Paris (Interregional specialised jurisdiction, dealing with organised crime).

In that role, he began attending Eurojust coordination meetings starting in 2003, and became familiar with its work. Mr Thouvenot became a convinced ‘client’ of Eurojust over the years, pleasantly surprised and satisfied with what could be achieved in a case, even after a one-day coordination meeting. He said, ‘Eurojust is a practical and efficient means for judicial cooperation’.

In 2006, Mr Thouvenot became involved in a three-part documentary film project on ‘Judicial Europe’, focusing on cases concerning trafficked women, and demonstrating judicial cooperation in action, based on his own expertise and experiences.

Mr Thouvenot sees his mandate as French National Member at Eurojust as a logical step in his career. He said, ‘I am eager to enrich my knowledge by learning about the different judicial systems and feel strongly that, in terms of judicial cooperation, there are no “small countries”; there are only magistrates fighting crime across borders. I am looking forward to working hand-in-hand with all my colleagues and imparting a strong European spirit in the College’.

Photo © Eurojust.

Latin American Embassies to the Kingdom of the Netherlands, from Argentina, Chile, Colombia, Costa Rica, Cuba, El Salvador, Guatemala, México, Perú and Uruguay, will launch the  Latin American Film Fest – Delft 2019, which will be held from September 19^th to 29^th, 2019, at Filmhuis Lumen, in the City of Delft.

During the two weeks, you will have the opportunity to enjoy an exceptional selection of Latin American movies. 

In the picture the Ambassador of India, H.E. Venu Rajamony welcome hundreds of guests at the Indian residence in Wassenaar.

His Excellency Ambassador Mr. Venu Rajamony celebrated the Republic of India’s 73^rdIndependence Day, at the India House in Wassenaar on Wednesday, August 15. Hundreds of enthusiastic guests from the region joined him to mark his nation’s 73^rd year of freedom. Guests included senior members of the diplomatic community, his compatriots and scores of international “friends of India.”

Local Dutch government officials, including the Deputy Mayor of Wassenaar, Caroline Klaver-Bouman, and former Deputy Mayor of The Hague, Rabin Baldewsingh, were also in attendance.

The morning program, began with the raising of the flag and the singing of the “Jana Gana Mana”, India’s national anthem. Ambassador Rajamony read the Honorable President’s Ram Nath Kovind’s moving address to the nation, while copies of the address were widely distributed to the many hundreds who had gathered under the flag to hear their president’s inspiring words.

 President Ram Nath Kovind’s address emphasized the foresight of Mahatma Gandi’s advocacy of “sustainability, ecological sensitivity and living in harmony with nature” and he called upon his fellow citizens to embrace a “Gandian philosophy” in striving to meet today’s global challenges.  

The President also called for effective and transparent governance and urged his nation’s 1.3 billion culturally and linguistically diverse citizens to cultivate a “culture of creativity”—a necessary spirit required for meeting the vast young nation’s ambitious goal of accelerated development.

After reading the address, Ambassador Rajamony announced that His Majesty King Willem-Alexander and Her Majesty Queen Maxima of the Netherlands will be making their first state visit, from October 14-18, 2020, to the Republic of India at the invitation of President Ram Nath Kovind. The Dutch Minister of Foreign Affairs, Stef Blok, will be accompanying them.

The Minister for Foreign Trade and Development Cooperation, Sigrid Kaag, the Minister for Healthcare, Bruno Bruins, and the State Secretary for Economic Affairs and Climate Policy, Mona Keijzer, will head a broad parallel trade mission, of some 200 plus representatives. Ambassador Rajamony noted that the Dutch trade mission is expected to be the largest ever and Dutch interest in the trade mission continues to grow.

Ambassador Rajamony also recognized the many women amongst the crowd by noting that “Rakshabandhan”, the annual Hindi Festival, celebrating “sisters” coincided this year with Independence Day.

A “Unity in Diversity” cultural program of song, dance, poetry, celebrating the multi-cultural republic’s freedom concluded the morning event.

Four vocalists sang “Vande Mataram”, the national song of India, and followed with a medley of Hindi and Bengali songs. This was followed by three dances performed to the songs of “Ai mere vatan”, Mile sur mera tumhara” and the widely popular “Jai Ho” composed and sung by the producer, composer, singer and songwriter, A.R. Rahman.

“Jai Ho.” In 2010, the song gained even wider global recognition when Rahman was selected to sing the piece for the Nobel Peace Prize Committee accompanied by Indian musicians and dancers.

Following the cultural program, guests were invited to enjoy traditional Indian vegetarian late morning snack of Chai (spiced tea), Chapati (flatbread), fragrant Pilau Rice (spiced rice) and Channa Masala (chickpea stew).  

It was a fitting way to conclude a festive morning with Ambassador Rajamony and some of the 220,000 members of the Indian community residing in the Netherlands.

President’s address to the nation: https://presidentofindia.nic.in/speeches-detail.htm?695