Saif Al-Islam Gaddafi’s case – admissible before the ICC

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Saif Al-Islam Gaddafi’s case – admissible before the ICC

Saif Al-Islam Gaddafi case: ICC Appeals Chamber confirms case is admissible before the ICC

In the picture Judge Chile Eboe-Osuji, presiding judge on the appeal regarding the admissibility of the case against Saif Al-Islam Gaddafi, on 9 March 2020 at the International Criminal Court in The Hague (Netherlands) © ICC-CPI.

Today, 9 March 2020, the Appeals Chamber of the International Criminal Court (“ICC” or “Court”) unanimously confirmed the admissibility of the case against Saif Al-Islam Gaddafi before the Court and rejected his appeal against the Pre-Trial Chamber I’s decision dismissing his challenge to the admissibility of this case.

The Appeals Chamber recalled that the Court is “complementary to national criminal jurisdictions”. A case is inadmissible when a person “has already been tried” and no person “who has been tried by another court” for crimes under the ICC jurisdiction shall be tried by the ICC with respect to the same conduct. In reviewing the Pre-Trial Chamber’s decision, the Appeals Chamber found no error in it and agreed with its interpretation of the Rome Statute, indicating that the decision issued by a national jurisdiction must be final before a case can be declared inadmissible.

Having considered the submissions of the Defense, the Prosecutor, the victims, Libya’s government and others, the Appeals Chamber found that the Pre-Trial Chamber did not err in concluding that the Libyan judgment of 28 July 2015 against Mr Gaddafi was rendered in absentia. This is also supported by the Libyan Government’s submissions to the ICC. Thus, under Libyan Law, the Tripoli Court’s judgment cannot be considered final. The Appeals Chamber further agreed with Pre-Trial Chamber I’s decision that the Libyan Law No. 6 (2015) in respect of amnesty is not applicable to the crimes for which Mr Gaddafi was convicted by the Tripoli Court. Accordingly, the Appeals Chamber rejects Mr Gaddafi’s appeal.

The Appeals Chamber is composed of Judges Chile Eboe-Osuji, Presiding, Howard Morrison, Piotr Hofmański, Luz del Carmen Ibáñez Carranza and Solomy Balungi Bossa. Judge Eboe-Osuji and Judge Bossa jointly append a concurring separate opinion. Judge Ibáñez Carranza will, in due course, file a separate opinion to this judgment, related to the question of amnesties and international law.

Judgment on the appeal of Mr Saif Al-Islam Gaddafi against the decision of Pre-Trial Chamber I entitled ‘Decision on the “Admissibility Challenge by Dr. Saif Al-Islam Gadafi pursuant to Articles 17(1)(c), 19 and 20(3) of the Rome Statute”’ of 5 April 2019

Concurring Separate Opinion of Judge Eboe-Osuji and Judge Bossa

Fatou Bensouda, on the referral by Venezuela

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Fatou Bensouda, on the referral by Venezuela

Statement of the Prosecutor of the International Criminal Court, Mrs Fatou Bensouda, on the referral by Venezuela regarding the situation in its own territory.

On 13 February 2020, I received a referral from the Government of the Bolivarian Republic of Venezuela (“Venezuela”) regarding the situation in its own territory, in accordance with its prerogatives as a State Party to the Rome Statute (the “Statute”).

Pursuant to article 14(1) of the Statute of the International Criminal Court (“ICC” or the “Court”), the referring State requests the Prosecutor to initiate an investigation into crimes against humanity allegedly committed on the territory of Venezuela, with the view to determining whether one or more persons should be charged with the commission of such crimes.

In its referral, the Government of Venezuela states that crimes against humanity are committed “as a result of the application of unlawful coercive measures adopted unilaterally by the government of the United States of America against Venezuela, at least since the year 2014.” The referral is accompanied by a supporting document, which further specifies the relevant circumstances under which such crimes are alleged to have occurred. Pursuant to Regulation 45 of the Regulations of the Court, I have informed the ICC Presidency of this referral to enable the assignment of the situation to a Pre-Trial Chamber.

This is the second referral received by my Office concerning the situation in Venezuela. Previously, on 27 September 2018, a group of States Parties to the Rome Statute, namely the Argentine Republic, Canada, the Republic of Colombia, the Republic of Chile, the Republic of Paraguay and the Republic of Peru, made a referral regarding the situation in Venezuela, since 12 February 2014. This followed my earlier decision, of 8 February 2018, to open a preliminary examination into the situation in Venezuela to analyse alleged crimes in the context of demonstrations and related political unrest.

In my notification to the ICC Presidency, I have noted that the two referrals appear to overlap geographically and temporally and may therefore warrant assignment to the same Pre-Trial Chamber; but that this should not prejudice a later determination on whether the referred scope of the two situations is sufficiently linked to constitute a single situation.

A State Party referral does not automatically lead to the opening of an investigation. Should I, however, ultimately determine that the situation referred warrants an investigation in accordance with the statutory criteria, as a result of this referral, the Statute does not require the Prosecutor to seek authorisation from the Pre-Trial Chamber of the Court in order to proceed with an investigation. The receipt of a referral may expedite the process of opening an investigation only to the extent that judicial review of my decision would not be required under the Statute.

Specifically, under article 53 (1) of the Statute, as Prosecutor, I must consider issues of jurisdiction, admissibility and the interests of justice in making this determination. As noted in the Office’s Policy Paper on Preliminary Examinations, these factors are applied to all situations, irrespective of whether the preliminary examination was initiated on the basis of information on crimes submitted pursuant to article 15 of the Statute, by a referral from a State Party (or a group of States Parties) or the United Nations Security Council, or by a declaration accepting the exercise of jurisdiction by the Court, pursuant to article 12(3) of the Statute. In all circumstances, my Office independently evaluates and analyses the information available.

In the independent and impartial exercise of its mandate, my Office gives consideration to all submissions and views conveyed to it during the course of each preliminary examination, including any observation by the competent national authorities concerning any relevant investigation and prosecution at the national level.

Referral submitted by the Government of Venezuela. 

This is the tenth referral received by my Office since the Rome Statute came into force on 1 July 2002. Previously, the Governments of Uganda (2004), the Democratic Republic of the Congo (2004), the Central African Republic (2004 and 2014), Mali (2012), the Union of the Comoros (2013), the Gabonese Republic (2016), the State of Palestine (2018) and the Group of six States Parties (2018) have referred situations to my Office in accordance with their prerogatives as States Parties to the Statute.

Expo 2020 Dubai unveils ‘Women’s Pavilion’

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Expo 2020 Dubai unveils ‘Women’s Pavilion’

Cyrille Vignero, CEO of Cartier & Minister Reem-Al-Hashimy – Picture by Expo 2020

A Women’s Pavilion will form a key part of Expo 2020 Dubai. The pavilion is a collaboration between Expo 2020 Dubai and Cartier, and shall celebrate the contribution of women and their impact on society, shining a light on the countless achievements, past and present.

Reem Al Hashimy, UAE Minister of State for International Cooperation and director general of Expo 2020 Dubai Bureau, said as per announcement: “The Women’s Pavilion highlights the crucial roles that women have long played as linchpins of their communities and drivers of economies, and underscores Expo 2020 Dubai’s firm commitment to empowering all women to drive their own development and create a better future for us all.”

The pavilion has been backed by United Nations Under-Secretary-General and executive director of UN women, Phumzile Mlambo-Ngcuka, and international human rights lawyer Amal Clooney.

Cyrille Vigneron, president and CEO of Cartier International, said: “We are thrilled and honoured to collaborate with Expo 2020 Dubai, which offers a unique occasion to share our vision for a better future and a more inclusive society, with men and women across the globe.

For further information: 
https://www.expo2020dubai.com

Yecheon World Archery Festival

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Yecheon World Archery Festival

Under the theme of ‘The World United in Archery’, archers from 29 countries demonstrated the traditional archery of each country in the city of Yecheon located in the southeast part of South Korea at the World Archery Competition, giving visitors a meaningful time to experience the world’s traditional bows in one place. 

At the Yecheon World Archery Festival, International archery teams from 29 countries participated in individual and national competitions to show off their great performances. In the individual competitions, Malaysian archers ranked first, third and fourth, while Polish players took second. In the national competition, two representative archers from each country have participated, with China ranked first, followed by Malaysia, Singapore and Hong Kong. 

Yecheon World Archery Festival.

On the opening day, more than 100 archers and bowmen, in their traditional attire and bow, from 29 countries including Turkey, Malaysia and France created magnificent spectacle in the opening parade.

There were also various archery-themed experiential programs including VR shooting, bow hunting experience, and archery survival games. 

Another highlights of the festival was the entertaining traditional culture manifested by the local artists engaged in Yecheon Nongyo (farmers’ songs), regional music bands(wind ensemble), and Korean traditional costume parade. There were diverse events promoting Korean folk cultures where visitors and the local residents can participate together, sharing a sense of community. Also, there have been unique art and entertainment programs for the visitors to enjoy such as orchestra concerts, dance performances by Gyungbuk Provincial Dance Company, and smartphone film festival awards.

Besides a variety of archery-related events and performances, the visitors could also enjoy excellent local products in Yecheon Agricultural Products Festival, which was held concurrently. During the festival, people could have learning experiences of innovative technologies in agriculture through the exhibition of labor-saving agricultural equipment in the 6th Industrial Agriculture Promotion Hall of Yecheon. 

More than 100,000 visitors have been estimated to come to Yecheon World Archery Festival in 2019, which will be another representative tourist destination of Korea, where visitors can enjoy, learn, and experience cultural heritage of national and international archery.

ICC Prosecutor concludes participation the Munich Security Conference

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ICC Prosecutor concludes participation the Munich Security Conference

Fatou Bensouda, concludes productive participation at 56th session of the Munich Security Conference in Munich, Germany: “proliferation of conflicts around the world and the toll they exact in human suffering reinforce the need to advance justice and accountability for atrocity crimes as essential components of security”

From 14 to 16 February, the Prosecutor of International Criminal Court (“ICC” or the “Court”), Mrs Fatou Bensouda, and her delegation attended the 56th session of the Munich Security Conference (“MSC”) in Munich, Germany. This year’s edition of the MSC, in the tradition of past years, once again served as an effective and helpful platform for the Prosecutor and her team to stress the importance of accountability for atrocity crimes in the high-level security discussions, and to advance the mandate of the Office through bilateral meetings held in the margins of the Conference. “It is my firm belief that blind justice for the world’s gravest crimes is an indispensable requirement for achieving a more secure and stable rules-based global order. Indeed, for a more just world in accordance with the goals and values of the Rome Statute”, stated Prosecutor Bensouda.

In the margin of the Conference, the Prosecutor held productive meetings with, among others, H.E. Ahmed Aboul Gheit, Secretary General of the League of Arab States; H.E. Giorgi Gakharia, Prime Minister of Georgia; H.E. Mohammad Shtayyeh, Prime Minister of Palestine; H.E. Mevlüt Çavuşoğlu, Minister of  Foreign Affairs of the Republic of Turkey; H.E. Vadym Prystaiko, Minister of Foreign Affairs of Ukraine; H.E. Katrin Eggenberger, Minister of Foreign Affairs of the Principality of Liechtenstein; H.E. Antje Leendertse, State Secretary of the Federal Foreign Office of the Republic of Germany; civil society representatives, including Human Rights Watch, the Institute for Peace and Security Studies (Ethiopia), and the Institute for Security Studies (South Africa). 

At the MSC, Prosecutor Bensouda delivered a keynote for the event “No Peace without Feminism. Why every State needs Feminist Foreign Policy”, organized by Centre for Feminist Foreign Policy (CFFP), the German Federal Foreign Ministry, Open Society Foundations et al. In her remarks, the Prosecutor highlighted the importance of women empowerment and inclusion in decision making and conflict prevention, adding that “responsible policy must stand by the institutions and mechanisms that advance a rules-based international system and aim to deter war making and atrocities.” “From the devastation and ashes of the Second World War, we vouched that ‘Never Again’ should not ring hollow, and that power must no longer be a shield and a ticket to impunity”, she recalled in her call for support for the ICC and its crucial mandate.

The proliferation of conflict around the world and the toll they exact in human suffering only reinforce the need to advance justice and accountability for atrocity crimes as essential components of security.

The Prosecutor and her Office are grateful to the Munich Security Conference for its continued support.

Berlin’s Mayor receives accredited ambassadors

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Berlin’s Mayor receives accredited ambassadors

First Row F.L.T.R.: Delegate Sawsan Chebli, Dr Khaled Galal Abdelhamid (Egypt), Elena Shekerletova (Bulgaria), Mayor Michael Müller, Maria Theresa Dizon De Vega (The Philippines), Mulu Solomon Bezuneh (Ethiopia) And Balbina Da Silva (Angola). 

Second Row F.L.T.R.: Anne Sipiläinen (Finland), Francisco Ribeiro De Menezes (Portugal), Gordan Bakota (Croatia), Dr Nicholas O’brien (Ireland). 

Third Row F.L.T.R.: Dr. Snežana Janković (Serbia), Dauren Karipov (Kazakhstan), Alar Streimann (Estonia), Mahmoud Farazandeh (Iran), Frédéric Labarrère (Monaco), Oumou Sall-Seck (Mali).

Fourth Row F.L.T.R.:  Marián Jakubócy (Slovakia), Manuel Mejia Dalmau (Ecuador), Roberto Jaguaribe (Brazil), Sérgio Nathú Caba (Mozambique).

Wednesday, 4 March 2020, Red City Hall, Berlin, Germany: The Governing Mayor of Berlin, Michael Müller hosted a reception to become acquainted to recently accredited ambassadors to the Federal Republic of Germany.

All attending chiefs of mission exchanged ideas on how to further strengthen the cooperation between Germany and their homelands. 

Michael Müller is a German politician serving as the Governing Mayor of Berlin since 11 December 2014. Sawsan Chebli, the city-state’s delegate to the German Bundesrat (representation of the Bundesländer). 

For further information: 
https://en.wikipedia.org/wiki/Governing_Mayor_of_Berlin

Picture by Senatskanzlei/Landesarchiv Berlin, Thomas Platow.

International Criminal Court marks International Women’s Day

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International Criminal Court marks International Women’s Day

The International Criminal Court (“ICC” or the “Court”) marks International Women’s Day in support of global action to achieve gender equality for all women and girls. The theme for International Women’s Day 2020 is “I am Generation Equality: Realizing Women’s Rights“, and commemorates the 25th anniversary of the Beijing Declaration and Platform for Action.  

The ICC promotes women’s rights and considers gender perspectives through its work and institutional approach, including in the ICC Courtroom itself, in communities affected by atrocity crimes, in its global work cooperating with over 120 States Parties, as well as internally, among Court staff.

“Effective and accessible justice in the 21st century must incorporate a gender perspective and involve women in all its aspects,” said ICC President, Judge Chile Eboe-Osuji. “Every day, the ICC counts on the invaluable contributions of remarkable women – be they judges, lawyers, or staff in any number of demanding roles ranging from investigations to witness protection and IT support. But more work needs to be done, and everyone in the ICC – women as well as men – share the aim of strengthening gender balance and awareness in the international justice system,” the President added. 

As one part of the Court’s ongoing organisational and professional development initiatives towards gender balance, the ICC launched a pilot Mentoring Programme for Women last year. “I have been impressed and inspired by the participation in the Court’s Mentoring Programme for Women,” said ICC Registrar, Peter Lewis. “We have a huge reservoir of talent in the women of the Court that promises a great future for us”. 

Looking to the people it represents in Court and seeks to protect from crimes, the ICC bolsters women’s rights on many levels. One priority area is specifically to investigate and prosecute, and therefore deter, violence perpetrated against women and children in times of conflict in accordance with the Rome Statute.     

“In many situations before the Court, sexual and gender-based crimes – perpetrated against women and girls in particular – appear to be the norm, rather than the exception”, Prosecutor Fatou Bensouda highlighted. “My Office has made a commitment, as a matter of policy priority, to systematically investigate and prosecute such abhorrent crimes in accordance with its mandate with a view to ensuring greater accountability.  We have made progress in these areas both in term of policy and related strategies, but also concrete results in the courtroom. We will continue to do what we can to address these traditionally underreported crimes”, Prosecutor Bensouda stated.

International Women’s Day celebrates the social, economic, cultural and political achievement of women, while stressing the need to make further progress in gender balance and women’s empowerment.

“Today is an important day for the cause of international criminal justice” Fatou Bensouda

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“Today is an important day for the cause of international criminal justice” Fatou Bensouda

Statement of ICC Prosecutor, Fatou Bensouda, following the Appeals Chamber’s decision authorising an investigation into the Situation in Afghanistan.

Earlier today, the Judges of the Appeals Chamber of the International Criminal Court (“ICC” or the “Court”) unanimously decided to authorize my Office to commence an investigation into alleged crimes committed on the territory of Afghanistan since 1 May 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan but committed on the territory of other State Parties in the period since 1 July 2002.

Following my Office’s appeal, and the proceedings that followed, the Appeals Chamber overturned the finding of Pre-Trial Chamber II of 12 April 2019 that an investigation would not serve the interests of justice. After noting that the Pre-Trial Chamber had otherwise entered all the requisite findings under article 15(4) of the Rome Statute,  it amended the impugned decision by itself authorising the investigation based on the parameters set out in the Office’s authorisation request. 

In its judgment, the Appeals Chamber also clarified that the scope of the investigation was not restricted to investigating only those incidents specifically mentioned in my authorization request, but could investigate any alleged crime within the jurisdiction of the Court occurring within the parameters of the authorised situation. 

In addition to that fundamental ruling, the Appeals Chamber offered valuable guidance as to the state of the law on a number of issues of critical importance for the Prosecutor’s and the Court’s examination of future preliminary examinations, including on the interests of justice assessment.

I welcome the decision of the Appeals Chamber. Today, is an important day for the cause of justice in the situation of Afghanistan, for the Court, and for international criminal justice more broadly.

The Office will now proceed to conduct a diligent and thorough investigation into this Situation.  The investigation will be independent, impartial and objective.  This is what the Office is legally mandated to do, and it is what we are committed to doing.

All the decisions that I, as Prosecutor, will take will be strictly in accordance with my  mandate, as stipulated in the Rome Statute establishing the ICC. 

My Office will follow the evidence. There are no timelines for the duration of the investigation.  Each investigation at the ICC is unique and has its own complexities.

We remain committed to ensuring the investigation advances as effectively and as efficiently as possible.

As we undertake this work, we count on the full support and cooperation of all parties throughout the investigation. In the independent and impartial exercise of its mandate, my Office welcomes the opportunity to engage with all parties to the conflict to advance its investigations. In this respect, I particularly look forward to continuing a constructive and collaborative exchange with the Government of the Islamic Republic of Afghanistan to determine how justice may best be served under the shared framework of complementary domestic and international action. 

Procedurally, under article 18(1) of the Rome Statute, my Office is now required to provide formal notice to all State Parties, as well as those States that would normally exercise jurisdiction over the crimes concerned.

The many victims of atrocious crimes committed in the context of the conflict in Afghanistan deserve to finally have justice. Today, they are one step closer to that coveted outcome.

Colombia’s Knudsen Quevedo in maiden trip to Bremen

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Colombia’s Knudsen Quevedo in maiden trip to Bremen

Captain Camilo Mauricio Gutiérrezin, Mayor Andreas Bovenschulte, Ambassador Hans Peter Knudsen Quevedo and Honorary consul Klaus Müller-Leiendecker.

Friday, 6 March 2020, Free Hanseatic City of Bremen, Germany:  Mayor Dr. Andreas Bovenschulte welcomed the ambassador of Colombia to Germany, H.E. Mr. Hans Peter Knudsen Quevedo, for his inaugural visit to the city hall. The top envoy signed the Golden Book of the Free Hanseatic City of Bremen in the Senate Chair in the Upper Hall of the City Hall.

Afterwards an exchange of ideas took place in the Güldenkammer. Bovenschulte was pleased about the renewed registration of the Colombian sail training ship “Gloria” at the Sail 2020 in Bremerhaven. The “Gloria”, as a particularly beautiful sailing ship, is a highlight of the international windjammer festival from August 19 – 23, 2020.

Hans Peter Knudsen Quevedo has been in office as ambassador of Colombia since December 2018. The ambassador was accompanied by Honorary Consul Klaus Müller-Leiendecker and Captain Camilo Mauricio Gutiérrezin (Naval Attaché of the Embassy) to the City Hall, and likewise to the Bremen City-State Assembly (Landtag) as well as the Bremen Chamber of Commerce (IHK for Bremen and Bremerhaven).

For further information:
https://www.senatspressestelle.bremen.de/detail.php?gsid=bremen146.c.331118.de&asl=bremen02.c.730.de&fbclid=IwAR2CFuiBVNc0KuP8f6EQKUjB30FO7Qm0zZrbE7AbUs-FaTawlvVapIzUuTU

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Picture by Senatpressestelle – Bremen

Russia Celebrated the Defender of the Fatherland Day

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Russia Celebrated the Defender of the Fatherland Day

In the picture Military attaches from various countries at the Russian Embassy, on the occasion of the Defender of the Fatherland Day 2020.

On February 23rd, the Russian Federation and its armed forces celebrate the Defender of the Fatherland Day, honouring all those who suffered and fell to defend their country. On February 19st, the Russian Embassy in The Hague celebrated this anniversary with a crowded reception.

In February 1918, during the Russian Civil War, the Red Guard troops faced and defeated the troops of the Kaiser of Germany. This event, which set the stage for the creation of the Red Army, is recalled nowadays to celebrate the yearly Defender of the Fatherland Day, a Russian national holiday dedicated to all the members of the armed forces who defended their country. 

The Embassy of Russia in the Netherlands celebrates this anniversary annually with many members of the diplomatic community of The Hague, well represented by ambassadors, diplomats, and military attaches from all over the world. In absence of Ambassador Alexander Shulgin, who was in Moscow on a business trip, the Russian Chargé d’affaires, Mr. Boris Zhilko, the Embassy’s Defence Attaché, Colonel Mikhail Klimuk, and his staff, hosted the reception. 

Russian Embassy’s Defence Attaché, Colonel Mikhail Klimuk, and his staff.

After hearing the Russian and the Dutch national anthems, the guests listened to the speech of the Charge d’affaires who paid tribute to all the men and women who served in the armed forces of the Russian Federation, who dedicated their lives for the security and the freedom of the country.

Recalling the origin of the anniversary, Mr. Zhilko said, “This year marks the 75th anniversary of the end of World War Two – commonly known in Russia as the Great Patriotic War. It was the Soviet Army that made the decisive contribution in defeating Nazism. It was the courage of our soldiers and officers at Moscow, Stalingrad, Kursk, Warsaw, Leningrad, Budapest, and finally Berlin that broke the backbone of the Wehrmacht and divisions of not so numerous satellites of Germany in Europe.”

Mr. Boris Zhilko during his speech on the Defender of the Fatherland Day.

You can hardly find a single-family in any country of the Commonwealth of the Independent States that did not suffer the tragic loss of their loved ones. My grandfather was wounded in 1945 in a part of Germany that today belongs to Poland. My wife’s grandfather was killed in action in Berlin on the 12th of May, 4 days after Nazi Germany signed an unconditional surrender.

It also explains our determination to counter attempts of falsification of history, to shamelessly equate the liberators of Europe with Nazi murderers.

These days, “the Armed forces of Russia bear great responsibility for the security and progressive development of the country by participating in various peacekeeping operations and rescue missions in the wake of natural and techno-disasters, saved people in emergencies and by defending its interests both at home and abroad” –  said Mr. Zhilko. 

Reception at the Russian Embassy.

He also noted that the armed forces are undertaking serious efforts to improve their organization and efficiency, “to expand the potential of strategic deterrence and to strengthen our grouping on the key strategic lines, such as, for example, the Middle East.” 

“Defending the interests of our country,” Mr. Zhilko noted, “the Russian Armed Forces are combating against illegal armed formations in the Syrian Arab Republic to prevent their spillover to the neighbouring countries and Russia. Russia is carrying out an ambitious programme of modernizing its army and navy, including elements of the air and space defences and nuclear forces as a warrantee of global parity. We are improving the level of operational and combat training of troops, and we are taking into operation the most advanced means of communication and control. Our military units and elements are gradually being equipped with up-to-date weapons, while the Defence Industrial Complex continues to develop and produce modern systems.” 

After Mr. Zhilko’s speech, the guests enjoyed Russian drinks and buffet, kindly provided by the Embassy exemplifying traditional Russian hospitality.

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