International Gender Champions – New Year’s Champions Breakfast Meeting in The Hague

The IGC New Year’s Champions Breakfast Meeting, held on 18 January at the Swiss Residence, inaugurated a series of four annual events convened by the Hague Steering Committee. Comprising the Embassies of Switzerland, Canada, and Colombia, alongside the International Development Law Organization (IDLO) and Women’s Initiatives for Gender Justice, the newly formed Steering Committee introduced themselves to The Hague Champions on this significant occasion. The event aimed to foster dialogue and collaboration among leaders committed to dismantling gender barriers and advancing gender equality in their respective spheres of influence.

The breakfast served as a platform for the Champions to delve into the nuanced topic of Gender and International Criminal Law. Drawing insights from the recent two-day Conference on Gender and International Criminal Law, orchestrated by Women’s Initiatives and collaborators, the co-editors of the seminal book, Gender and International Criminal Law, Indira Rosenthal and Susana SáCouto, delivered a thematic address. Their scholarly input laid the groundwork for stimulating discussions among the Champions, exploring the complexities of this pertinent issue.

Present were, among others the host, H.E. Ms. Corinne Ciceron Buhler, Ambassador of Switzerland, H.E. Ms. Shefali Razdan Duggal, Ambassador of USA, H.E. Mr. François Alabrune, Ambassador of France, H.E. Ms Elizabeth Ward Neiman, Ambassador of Panama, H.E. Dr. Jose Eduardo Malaya, Ambassador of the Philippines, H.E. Dr. Carolina Olarte Bacares, Ambassador of Colombia, H.E. Mr  Greg French, Ambassador of Australia, International Criminal Court’s Registrar, Dr. Osvaldo Zavala.

The International Gender Champions (IGC) is a global leadership network that unites decision-makers dedicated to eliminating gender barriers and turning gender equality into a tangible reality within their domains. More information about the IGC and its mission can be found on their website: https://genderchampions.com/.

The New Year’s Breakfast Meeting served as a platform for meaningful discussions, networking, and the exchange of ideas on advancing gender equality. As the International Gender Champions initiative continues to gain momentum, events like these play a crucial role in mobilizing leaders and catalyzing positive change on the path toward a more inclusive and equitable world.

Rotterdam Photo 24 / IMAGINE Celebrating contemporary Photography

Rotterdam, a city renowned for its modernity and creativity, played host once again to the annual Rotterdam Photo Fair.

From 1 to 4 February being part of the Rotterdam Art Week, the event attracted approximately 10.000 visitors, among whom art lovers, collectors, gallerists, diplomats and international art press professionals from various parts of the globe. The Keilewerf located in the center of Rotterdam was transformed into a street-wise photography village and hub for photography fans, populated by 60+ shipping containers repurposed into exhibition spaces.

With a profusion of exhibitions, organized talks, workshops, and a fringe program with music and digital installations throughout the city; jazz music, street vendors, cafes, and restaurants on the festival’s location, it was easy to spent a day there.

Imagine – a word that evokes imagination, creativity, and limitless possibilities

From a broad range of submissions, the commission selected 69 photographers project exhibition photographers and 51 single image exhibition photographers to exhibit their work, based on the theme IMAGINE.

Photographers and artists questioned and transformed our world’s perception with their imagination, innovation and critical thinking. They explored diverse angles such as surrealism, portrait and landscape photography, and the romanticization of the everyday, manipulating theirs cameras, playing with light, using AI.

Among the selected artists Dan Hallman stood out, captivating audiences with his unique approach to photography. Hallman, a graduate of the prestigious Parsons School of Design in New York, currently resides in The Hague, Netherlands, alongside his spouse, who serves as the Ambassador of Argentina.

“Making the Simple Complicated”

“My life long attraction to visual arts and photography began in the years leading up to pursuing my BFA from Parsons NY, followed by an extensive freelance photography career with a specialty in editorial, commercial and celebrity portraits.” he stated. In that time Hallman have always been creating abstract, conceptual work for himself and he is now solely focused on these bodies of work. “Some have categorised my large scale photos as “Abstract Expressionism in Photography” or “Kinetic” at times.” If you zoom in, it looks like brush strokes and they are more vibrant and energetic in person. It is the mood and “abstract expressionism in photography” that I am looking to present at times within this broader project.”

“The photographs presented are a representation of continuing bodies of work I consider paintings or drawings manifested in photographic form.” He expressed. “While shot digitally on my Leica or Canon, the images are all produced in a camera with no Photoshop retouching. I manipulate reality through long exposures, “painting” with the camera, using found forms and/or physically creating shapes of light with the camera to create the image. 

Often using mundane moments of the day and presenting them in a way the viewer may never have seen or considered to be beautiful.  I am making the simple visual, making the simple energetic, making the simple peaceful, making the simple bold, making the simple calm, making the simple important – making the simple complicated.”

Dan Hallman at Rotterdam 24

“I create photos, paintings and drawings which invite the viewer to engage and participate completing the piece. You feel compelled to look closer to see what it is. They are done in a way where the subject matter is not important and it is left entirely up to the observer to visually feel the piece and complete its meaning. Once again, the viewer completes the piece with their own interpretation of my words.”

Hallman’s works is held in private collections all over the world. While Hallman is known for his captivating portraits of emblematic figures from politics, science, arts, music, and Hollywood stars; from Meg Ryan to Dalay Lama, his  extensive portfolio, which includes numerous publications of his portraits in Vanity Fair, The Hollywood Reporter, Glamour, Vogue, alongside his artistic works exhibited in renowned institutions like the Museum of The City of New York and Centro Cultural Borges in Buenos Aires,  reflects his versatile talent and impact on the world of photography.

Philippines’ culinary delights: La Bamba Bistro in Parañaque City

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By Anton Lutter

When one walks down Aguirre Avenue in Paranaque City (Manila) a simple facade hides one of the best restaurants in the Philippines. Once inside, one imagines oneself in a French bistro; the menus are accordingly.

I was the guest of chef and owner Tina Legarda there. Besides Tina – who mainly rules the kitchen – I found myself in select company including her father former oil company executive Chito Legarda and mother Bettina Kahn-Legarda, whose sister is married to former senator Ramon Magsaysay junior (son of the former president Ramon Magsaysay), Monsignor Achilles Dakay of Cebu archdiocese accompanied by Cebu business lady Leslie Cokaliong and PCGA Rear Admiral Ramon Moreno. As a non-Filippino I hugely enjoyed the conversation about Philippines’ old world life and history. Of course, the Monsignor chipped in about religious life in The Philippines, with the Catholic Church being the foremost religion.

The energetic Mrs. Tina Legarda is a highly appraised chef, who recently teamed up with Philippine Airlines to enhance their menus for international flights.  She started cooking at the age of eight and loved it so much that she’s made a profession of it, having been multiple awarded by Tatler Dining. But she couldn’t have done without her mother whose old world recipes are closely guarded family possessions.

The restaurant has a homey country style, which makes you instantaneously comfortable. This is reflected in Tina’s creative cooking which is neither snooty nor expensive, yet wouldn’t be out of place in Europe’s leading cities eateries. For starters we enjoyed the Patatas Fritas (which sounds like the Dutch Patat Frites, but is completely different), which is fried potatoes with Chorizo, ham, beef topped with a poached egg. This was followed by the Bistro Street Salad, consisting of lettuce, tomatoes, grilled tenderloin, blue cheese and walnuts and the artichoke Crostini, with cottage cheese, almond, pesto and a dash of balsamic. Main course Crispy Lapu Lapu (fish) served with chorizo rice and garlic oil. Ending it all with the lovely Strawberry Schaumtorte desert, which consists of strawberries, almond meringue, whipped cream and toasted almonds.

As Tina Legarda exclaimed “my aim is to bring the tradition of Filipino, Asian and Spanish flavors in a modern manner, simply presented in comfortable surroundings”. In this La bamba Bistro not only succeeded with flying colours but represented the best what culinary Philippines has to offer.

Foreign judgments in the Netherlands

In principle, the enforcement of foreign judgments is a national matter. But what if a dispute has already been dealt with by a foreign court? Can such a foreign judgment be enforced in the Netherlands or not?

By Reinier Russell and Jan Dop

A Dutch company and a US company have a dispute. This dispute was litigated in the United States. The US court ordered the Dutch company to pay damages and, on top, ‘punitive damages’. However, the Dutch company has all its assets in the Netherlands. So the US company has to collect money in the Netherlands. Can a US company simply enforce the judgment in the Netherlands?

The enforcement of judgments is a national matter. This means that, in principle, a foreign judgment cannot be enforced in the Netherlands. However, there are exceptions to this rule, namely:

  1. A foreign judgment is valid in the Netherlands on the basis of a treaty on the recognition and enforcement of judgments.
  2. A Dutch court allows enforcement of the judgment after a request for recognition and enforcement has been filed with the court.

Recognition of a foreign judgment on basis of a treaty

In practice, the main basis for the recognition of foreign judgments is not a treaty but the Brussels I bis Regulation that applies to all countries within the European Union. The Regulation provides that European judgments can be enforced throughout the European Union. The recognition and enforcement of judgments from another member state does not require a recognition procedure in the Netherlands. Thus, such judgments can be directly enforced in the Netherlands. Although Great Britain has left the European Union, British judgments can be recognized in the Netherlands based on a treaty Great Britain has concluded with the Netherlands.

Recognition of judgments may also be based on an international treaty, which provides that the treaty states recognize and enforce each other’s judgments without proceedings. The parties need not first apply to a Dutch court to request recognition. Only a few countries outside the EU have joined such a treaty. Treaties include, for example, the Lugano Convention (2007), to which Switzerland, Norway and Iceland, among others, are parties, and the Hague Recognition Convention (2019) signed by Russia and the United States, among others. However, these countries have not yet ratified the Convention.

In our example, treaty-based recognition is not possible. Although the US has signed the Hague Recognition Convention, it is not yet valid because it has not been ratified yet. So the US company has to use the other option, i.e. the recognition procedure.

Request for recognition and enforcement of a foreign judgment

If a foreign judgment cannot be recognized on the basis of a treaty, the party seeking to enforce the judgment must apply to a Dutch court for recognition. The main rule for these proceedings is that a Dutch court conducts a full and independent assessment of the dispute. This means, in effect, the proceedings must be repeated. However, the Dutch court may decide to adopt the foreign judgment.

However, there are requirements for adopting foreign judgments, namely:

  1. The court that has issued the judgment must have jurisdiction
  2. The proceedings must have the same safeguards as in the Netherlands (for example, the principle of hearing both sides and proper summoning of the parties)
  • The judgment must not be contrary to Dutch public policy
  1. The judgment must not conflict with an earlier judgment on the same subject between the same parties

If all four conditions are met, the Dutch court can adopt the foreign decision.

For our example, this means that the US proceedings must meet the above requirements. The first requirement can be met simply if the contract contains a choice of forum clause. If it states that a US court has jurisdiction, the first requirement is met. Also, the safeguards in the proceedings will usually not be a problem in cases from the United States.

In our example, the Dutch company had been ordered by the US court to pay ‘punitive damages’. This is contrary to Dutch public policy because Dutch courts may only reward a compensation for actual damages. As a result, the US judgment is not eligible for recognition and enforcement and, in principle, the proceedings must be repeated in full. However, the court may pragmatically decide to take a foreign judgment as a starting point for its own judgement, except for punitive damages, as the Den Bosch Court of Appeal and the Oost-Brabant District Court did recently.

Tips

It is therefore wise, if it is foreseeable that you will have to enforce your judgment in the Netherlands, to seek advice of a Dutch lawyer prior to the proceedings. Even if you are not litigating in the Netherlands. This reduces the chance that you will have to conduct two lawsuits about the same claim. Or that you might go to great lengths to have punitive damages awarded for nothing, while it later turns out that you cannot collect them. It is also good to know that in the Netherlands full lawyer’s fees will only be awarded in exceptional cases.

It is also important to include a choice of forum in your contracts so that it is immediately clear which court is competent. In doing so, it is convenient to declare the law of that country applicable to the contract. Otherwise, a situation may arise where, for example, you have appointed a Dutch court that has to adjudicate the case under US law. Dutch courts are not familiar with this law and will therefore often have to call in an expert in this field. This can lead to considerably longer proceedings and higher costs.

Another possibility is litigation at the Netherlands Commercial Court (NCC) and by means of arbitration. The NCC is a special division of the Amsterdam District Court for international commercial matters, where proceedings can be conducted in English. Enforcement of a judgement in the NCC is still subject to the above rules. As regards arbitration, it is easier to enforce an arbitral award. Many more countries are party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards than to the conventions for the enforcement of court rulings.

About the authors:

Reinier Russell

Reinier Russell is a Managing Partner at Russell Advocaten. Reinier advises national and international companies / reinier.russell@russell.nl +31 20 301 55 55

Jan Dop

Jan Dop is a Managing Partner at Russell Advocaten. Jan is a specialist in employment law and corporate law / jan.dop@russell.nl. +31 20 301 55 55

Silk along the Silk Road 500-1500CE

By Richard T. Griffiths

At the end of 2023, the Silk Road Virtual Museum opened a new museum site devoted to ‘Silk along the Silk Road, 500-1500CE’. It was the largest museum we have ever opened, and we had to double the floor space to accommodate all the exhibits.

It includes silk robes and motifs covering almost one thousand years of silk production in China, Central Asia, and Europe. Many of the artifacts are not even on display in the museums where they are housed. This short essay introduces you to the collection.

Sometime, over eight thousand years ago, people living in the territory of what is now China learned how to spin and weave silk. About two thousand years ago, they began to trade silk with their neighbours to the West. But fifteen hundred years ago, they lost that monopoly as the secrets, and the means of production, were lost to the peoples of Central Asia.

In both these origin stories, the humble silk worm plays a central role. The tale is told of how, those several millennia past, the young Empress Leizu was drinking tree in her garden when a silk worm fell into her cup. Upon trying to retrieve it, she noticed a thin silk thread unravelling from the cocoon. Having a wild imagination and a flair for innovation, the young fourteen-year-old gathered more cocoons and started to weave the silk into cloth.

In the sixth century CE, it has been suggested that two diplomats/hangers-on smuggled silk worms out of China by hiding them in their walking canes, thereby establishing the industry in Central Asia. This, however, is only part of the story. Silk worms only eat mulberry leaves. A silk worm, weighing two grams, would consume one hundred kilogrammes of mulberry leaves over the two weeks of its gestation, or around twenty-thousand mulberry leaves – and that is for only one single worm.

There is a second complication. In the warm wet climate of China white mulberry bushes flourish, but they cannot survive in the harsh, dry climates of Central Asia. This need not be a problem, since the leaves of the black mulberry bush appeal equally to silk worm’s appetite. However, they take twenty years to reach full maturity and start producing sufficient leaves. Either the citizens of these dry climes were already addicted to mulberries, or else the establishment of the industry must have taken considerable capital and risk.

Although China no longer had a monopoly on silk production, the actual production of silk was influenced by foreign designs and foreign methods. The silk road was not only a vehicle for the transmission of religions and cultures, consumers could experience, and buy, different designs.

Sassanian portrayals of winged animals, floral patterns, and intricate geometric designs found an echo in Tang silk production. Some Tang dynasty textiles even featured foreign scripts and characters from Persian and Sogdian languages. In the other direction, Chinese dragon motifs and flowers such as lotus and peonies influenced output in Central Asia. Central Asia and Islamic designs also exerted their influence on the later European industry.

One thing that struck me when researching for the museum was the sheer advanced state of technology. In Lancashire, at least, school child learned that in 1733 a weaver called John Key invented the ‘flying shuttle’ and that this initiated the industrial revolution in cotton. It weaves cotton thread at twice the earlier speeds. Here it is (above) all 1.65 metres tall.

I was in awe when I first learnt about it so many years ago and, as a professor in economic history, it featured in all my first-year lectures. However, nothing prepared me for my first confrontation with a brocade loom on my visit to Nanjing last year – the Brocade Museum had a dozen, and yes, there is someone sitting half way up. It, or more accurately its forerunner, was responsible for most of the complex designs in costumes on view in the Virtual Museum.

Apart from its size and complexity, what is more amazing is that it was already operational at least five hundred years before John Key changed the humble hand-loom in use in the cottage industry throughout Europe.

The origins of the draw-loom, but the earliest record of their existence lies in China and dates originally from the twelfth century CE when Lou Shu wrote ‘Pictures of Tilling and Weaving’.

In it he illustrates the processes in both, accompanied by short poems. The hand-scroll copy in the National Museum of Asian Art (Washington DC) and used in our virtual museum dates from the 13th century. The image of the draw-loom bears a striking resemblance to the ones on display in Nanjing.

A perhaps more surprising feature of the scroll is that of the twenty-four images, half of the images describe the keen attention paid to harvesting, feeding, and caring for the cocoons, and only half on the processes of spinning, waving and folding the cloth.

This makes the origin story of the spread of silk production into Central Asia, from a few silk worms hidden in walking canes even less credible. But the knowledge did spread and the resulting display of colours and patterns is breathtaking.

The robes and motifs come from forty-four museums, spread across over nineteen countries. In addition, the exhibition draws from works held in private collections.

The ‘Silk along the Silk Road’ exhibition is open 24/7. There is no need to travel and it is completely free. You can visit the museum here:

https://silkalongthesilkroad500-1500ce.v21artspace.com/

Enjoy your visit.

Hizb ut-Tahrir al-Islami proscribed as a terrorist group and the European Court

(Part II)

Is Hizb ut-Tahrir a political or a religious movement? Is it inciting or justifying terrorism? Is it anti-Semitic?

By Willy Fautré, Human Rights Without Frontiers

HRWF (24.01.2024) – On Thursday 18 January, the UK proscribed the British branch of the Islamist movement Hizb ut-Tahrir al-Islami (Islamic Liberation Party) under the national Terrorism Act.

British Home Secretary James Cleverly who was the initiator of the parliamentary move then tweeted “I have made the decision to ban Hizb ut-Tahrir in the UK. Their promotion and encouragement of the abhorrent attacks perpetrated by Hamas goes against everything our country stands for. Belonging to and inviting support for this group will be a criminal offence.”

Noteworthy is that previous attempts to ban the movement under Tony Blair and David Cameron had been unsuccessful because the charges could not be legally and convincingly substantiated on the basis of their literature. Only Hizb ut-Tahrir’s public support of Hamas’ attack in Israel on 7 October last tipped the balance in the opposite direction as Hamas is proscribed as a terrorist organization in the UK and is under EU sanctions.

It is however not uninteresting to have a closer look at some complaints concerning Hizb ut-Tahrir filed with the European Court of Human Rights, the arguments developed by the conflicting parties and the decisions taken by the Court.

Nafik Ashirov and International Memorial v. Russia (application no. 25246/07)

On 14 February 2003, the Supreme Court of the Russian Federation declared 15 organizations, including Hizb ut-Tahrir and Al-Qaeda, to be terrorist organizations. Their activities were prohibited on the whole territory of Russia.

The Supreme Court then described the Islamic Liberation Party (“Hizb ut-Tahrir al-Islami”) as “an organization aiming to eliminate non-Islamic governments and establish Islamic rule on a global scale by re-establishing the ‘World Islamic Caliphate’, initially in regions with a predominantly Muslim population, including Russia and the CIS countries.

Main forms of activity: militant Islamist propaganda, combined with intolerance to other religions; active recruitment of supporters, purposeful work to split society (primarily propaganda with powerful financial reinforcement).”

About the context of the ban

This witch-hunt taking place less than a year and a half after the 9/11 terrorist attacks in the United States was then understandable to identify potential threats, prevent any terrorist attack as well as guarantee the public security of the Russian citizens and institutions.

Moreover, in the context of the two wars (the Chechen Wars) led by Russia against separatist movements in Chechnya, the 15 Islamic organizations were suspected of wanting to overthrow the existing constitutional system and create an “Islamic State” in the North Caucasus. To support its ban, the Russian Supreme Court even referred to a list of foreign terrorist organizations of the U.S. Department of State at that time, approved by the Congress after the 9/11 terrorist attacks of Al-Qaeda in the United States.

The plaintiffs

On 8 June 2007, a complaint was filed with the European Court of Human Rights by two plaintiffs.

Nafik Ashirov, the first applicant, was born in 1954 and was living in Moscow. He was an imam but he was not a member of Hizb ut-Tahrir. As the chairman of the Religious Board of Muslims of the Asian part of Russia, he prepared a report on Hizb ut-Tahrir’s literature. This was a request of a non-governmental organisation representing several members of Hizb ut-Tahrir in criminal proceedings which wanted to know whether the movement’s literature advocated an extremist version of Islam. The report stated that “the prosecution of Russian citizens on the sole basis of some statements about Hizb ut-Tahrir’s brochures and teachings was wrong and breached the right of Muslims to freedom of expression of religious beliefs. It was also wrong to characterise the religious beliefs of the followers of [Hizb ut-Tahrir] as extremist, let alone terrorist”.

The second applicant was the famous human rights organization “International Memorial,” which endorsed the report and published it on its website.

Memorial was founded during the fall of the Soviet Union to investigate the human rights violations and other crimes committed under Joseph Stalin’s rule. As of December 2021, Memorial encompassed over 50 organizations in Russia. After the Russian “Foreign Agent Law” was passed in July 2012, Memorial came under increasing government pressure. On 21 July 2014, the Memorial Human Rights Centre was declared a “foreign agent” by the Ministry of Justice. On 29 December 2021, the Moscow City Court liquidated the Memorial Human Rights Centre, referring to a decision of the Supreme Court of Russia on the previous day.

On the same day, the European Court of Human Rights applied an interim measure to halt the forced dissolution of Memorial. Despite this warning, the dissolution was confirmed by the Russian Court of Appeal on 5 April 2022.

In 2022, Memorial was awarded the Nobel Peace Prize along with Belarusian human rights activist Ales Bialiatski and the Ukrainian human rights organization Centre for Civil Liberties.

It is important to recall what is Memorial, as this prestigious organization took sides with Hizb ut-Tahrir.

The accusations

On 20 February 2006 a deputy Moscow City prosecutor issued a warning to Mr Ashirov, considering that his report “promoted the ideas of Hizb ut-Tahrir and provided a justification for its terrorist activities”.

On 26 February 2006 a similar warning was addressed to the executive director of International Memorial for publishing the materials of a banned terrorist organization on its website, thereby aiding and abetting its terrorist activities. He ordered the executive director of International Memorial to remove Mr Ashirov’s report from the website within three days. International Memorial did that immediately.

On appeal, the Zamoskvoretskiy District Court of Moscow found that the warnings had been lawful and justified.

The assessment of the European Court

The Court recognized that Hizb ut-Tahrir’s ideology was clearly contrary to the values of the European Convention of Human Rights but Mr Ashirov’s report was “not laudatory of Hizb ut-Tahrir” and “did not contain any direct or indirect calls for violence or a justification of violence, hatred or intolerance, let alone any calls to commit a terrorist offence, vindication or justification of terrorism.”

The Court noted that “the Supreme Court’s decision banning Hizb ut-Tahrir was taken in the absence of the public or representatives of the organisation, and the decision banning Hizb ut‑Tahrir was never officially published.”

The Court also considered that “by publishing Mr Ashirov’s report on its website and thereby drawing attention to a matter of public interest, International Memorial exercised its role of a public watchdog.” 

In its ruling, the Court declared the complaint about the alleged violation of the right to freedom of expression admissible and held that there had been a violation of Article 10 of the Convention in respect of both applicants. Il also held that Russia was to pay 2500 EUR to each applicant, in respect of non‑pecuniary damage, and EUR 4,785 in respect of costs and expenses for the European Human Rights Advocacy Centre.

Last but not least, what is also shocking in this case is that, after the filing of the complaint in Strasbourg in 2007, the European Court of Human Rights took 16 years to come to a decision (!) It is only on 17 January 2023, in the context of Russia’s War on Ukraine and far away from the global geopolitical situation in the early 2000 years, that justice was finally but only theoretically done. This very delayed ruling is indeed equivalent to a denial of justice as a year ago it totally remained unnoticed and is unenforceable.

Hizb ut-Tahrir and Others v. Germany (application no. 31098/08)

 

In January 2003, the German Federal Ministry of the Interior issued a decision prohibiting Hizb ut-Tahrir’s activities in Germany, relying on the provisions of the Law on Associations. It also ordered Hizb ut-Tahrir’s assets to be confiscated. The Ministry considered that Hizb Ut-Tahrir was a foreign private association operating on an international scale and that there existed no sub-organization in Germany.

Germany’s arguments

According to the Federal Ministry of the Interior, the activities of Hizb ut-Tahrir were directed against the principle of peaceful settlement of international conflicts and the movement advocated the use of violence as a means to achieve its political goals.

Basing its decision on a number of their printed publications and leaflets as well as on their website, the Ministry concluded that it denied the State of Israel the right to exist and called for its destruction as well as for the killing of Jews.

In the Ministry’s view, Hizb ut-Tahrir was not to be considered a religious or philosophical community because it pursued political objectives, advocating an “active Jihad” targeting Islamic States and calling for the overthrow of their governments.

About the application

The application against Germany’s ruling was lodged with the European Court of Human Rights on 25 June 2008.

The first applicant, Hizb ut-Tahrir, was an unincorporated association which did not inform the Court of any registered address. The second applicant, Mr Shaker Hussein Assem, was an Austrian national living in Germany and the third to seventeenth applicants were members or supporters of the first applicant residing in Germany and Romania. 

All 17 applicants complained about the ban imposed on Hizb ut-Tahrir’s activities and about the confiscation of its assets. They relied on Articles 6 (right to a fair trial), 9 (freedom of thought, conscience and religion), 10 (freedom of expression), 11 (freedom of assembly and association), 13 (right to an effective remedy) and 14 (prohibition of discrimination) of the European Convention on Human Rights and on Article 1 of Protocol No. 1 (protection of property) to the Convention.

The assessment of the European Court

In its ruling on 12 June 2012, the European Court observed that the German Federal Administrative Court had carefully analysed a substantial number of written public statements made by Hizb ut-Tahrir and its representative in the proceedings before the Court.

It found that Hizb ut-Tahrir called for the violent destruction of the State of Israel and for the banishment and killing of its inhabitants. In particular, its representative, Mr Assem, had repeatedly justified suicide attacks in which civilians were killed in Israel, and neither he nor Hizb ut-Tahrir had distanced themselves from that position during the proceedings before the Court.

In view of those statements, the Court considered that Hizb ut-Tahrir attempted to deflect the right to freedom of assembly and association under Article 11 from its real purpose by employing that right for ends which were clearly contrary to the values of the European Convention, notably the commitment to the peaceful settlement of international conflicts and to the sanctity of human life.

In conclusion, the Court held in particular that under Article 17 (prohibition of abuse of rights) of the European Convention on Human Rights, it was impossible to derive from the Convention a right to engage in an activity aimed at destroying any of the rights and freedoms set forth in the Convention. Hizb ut-Tahrir could therefore not rely on Article 11 (freedom of assembly and association) to complain about the ban on its activities.

For these reasons, the Court by a majority declared the application inadmissible.

Some concluding reflections

Hizb ut-Tahrir defends a political agenda that is incompatible with the values of the Universal Declaration of Human Rights and the European Convention of Human Rights. In the light of its literature, it is perceived as a potential threat by governments of Muslim-majority countries as well as democratic states although up to now it has not used violence to come to power anywhere but nobody knows how it could change in the future.

Russia, Germany and the United Kingdom have banned or proscribed Hizb ut-Tahrir on security concerns at the specific time of their respective decisions.

Russia in the aftermath of the large-scale 9/11 terrorist attacks starting in the United States and against the background of its wars against separatist forces in the Muslim majority territories of Northern Caucasus.

Germany because of the indelible memory of the Nazi Holocaust, the anti-Israel agenda and the perceived anti-Jewish genocidal intentions of Hizb ut-Tahrir, which might one day awaken the demons of its past.

The United Kingdom because of the rising tide of anti-Israel and anti-Jewish feelings which suddenly emerged in the massive demonstrations in favour of Hamas, as an alleged defender of the Palestinian cause despite its terrorist attack in Israel, against the backdrop of the war in Gaza Strip.

These three countries highlight the fact that nowadays Hizb ut-Tahrir groups do not pursue the same political purposes everywhere. In Russia, notorious human rights organizations like ‘Memorial’, Nobel Peace Prize in 2022, and others find them harmless in Russia and take sides with them when they are persecuted by Putin’s regime.

If Hizb ut-Tahrir activists or groups break the rule of law in Germany, the UK or any other EU country, they can be prosecuted and sentenced in fair trials for their illegal activities.

Is banning, proscribing or prohibiting Hizb ut-Tahrir enforceable and sufficiently efficient? Isn’t it counter-productive? Shouldn’t vigilance, prevention and prosecution, in accordance with the proportionality principle, be a more efficient way to move forward nowadays? Of course, tomorrow might not be the same as nowadays if a Hizb ut-Tahrir group somewhere is instrumentalized and financed by other forces…

UK: Hizb ut-Tahrir al-Islami proscribed in the United Kingdom

(Part I)

Is Hizb ut-Tahrir a political or a religious movement? Is it inciting or justifying terrorism? Is it anti-Semitic?

By Willy Fautré, Human Rights Without Frontiers

HRWF (23.01.2024) – On Thursday 18 January, the UK proscribed the Islamist movement Hizb ut-Tahrir al-Islami (Islamic Liberation Party), which the European Court of Human Rights had in previous decisions identified as a political organization and not a (new) religious movement in Islam, as some organizations sometimes did when defending their members arbitrarily or not arrested and imprisoned.

On 15 January, British Home Secretary James Cleverly had submitted an order to parliament to proscribe Hizb ut-Tahrir under the UK’s Terrorism Act. The secretary called the group “an antisemitic organization that actively promotes and encourages terrorism, including praising and celebrating the appalling 7 October attacks.”

The accusations of anti-Semitism and terrorism are rejected by the British Centre of Hizb ut-Tahrir and are not endorsed by all observers of and researchers about Hizb ut-Tahrir.

Hizb ut-Tahrir, the 80th movement proscribed as an international terrorist organization by the UK

Under the Terrorism Act 2000, the Home Secretary may proscribe an organisation if they believe it is concerned in terrorism, and it is proportionate to do. For the purposes of the act, this means that the organisation:

  • commits or participates in acts of terrorism
  • prepares for terrorism
  • promotes or encourages terrorism (including the unlawful glorification of terrorism)
  • is otherwise concerned in terrorism

The official text of the UK’s decision says:

“Hizb ut-Tahrir is an international Sunni Islamist political organisation which was founded in Jerusalem in 1953 by Sheikh Taquiddin an-Nabhani. Hizb ut-Tahrir has a footprint in at least 32 countries, with its headquarters and Central Media Office (CMO) based in Beirut, Lebanon. The CMO runs Hizb ut-Tahrir’s central propaganda website hizb-ut-tahrir.info.

Hizb ut-Tahrir’s stated long-term goal is to unify Muslims worldwide and establish a Caliphate ruled under Islamic (Shari’a) law. Hizb ut-Tahrir Britain is the official branch of Hizb ut-Tahrir in the UK and was established in the UK in the 1980s. The UK government assess that Hizb ut-Tahrir Britain is a component branch of Hizb ut-Tahrir but is afforded autonomy to interpret and approach Hizb ut-Tahrir’s global strategy according to its local environment.

The UK government assess that Hizb ut-Tahrir, including its national branches, is currently concerned in terrorism, and meets the ‘promotes and encourages’ limb of the statutory test. A number of articles were posted online on Hizb ut-Tahrir’s central media website (and third party websites), attributed to several of Hizb ut-Tahrir’s branches, which celebrated and praised the 7 October 2023 attack by Hamas and associated events. The content of these articles, many of which refer to Hamas as ‘heroes’ and encourage further terrorist activity, constitute the promotion and encouragement of terrorism.”

For the last two decades, Hizb ut-Tahrir had faced the prospect of being labelled and proscribed as a terrorist group in the UK.

Tony Blair and David Cameron threatened to proscribe it when they were in power. But Home Secretary James Cleverly did what many before him in government had failed to do – with support from all parties and no opposition from MPs or members of the House of Lords during the parliamentary session confirming the ban. Statements and actions of the British branch of Hizb ut-Tahrir about Hamas’ terrorist attack against Israel on 7 October offered the Home Secretary an ideal opportunity to get a political consensus.

From midnight on Friday 19 January, the group was classified as a terrorist group and banned from organising in the UK. Belonging to or promoting Hizb ut-Tahrir is now punishable by up to 14 years in prison, according to the official statement.

In the last twenty years, several countries have banned Hizb ut-Tahrir for its ideology, its statements and its positions: Germany, Egypt, Bangladesh, Pakistan, several Central Asian and Middle Eastern countries such as Saudi Arabia, with many members arrested for alleged attempts to instigate coups in Muslim-majority countries.

However, the group is known to be active in Australia, Canada and the United States as well as in dozens of other countries, including Kuwait, Tunisia, Lebanon, India and Kenya.

Some considerations

Concerning the ban of the British branch of Hizb ut-Tahrir, a question arises “Do the ban and possible sentences respect the proportionality principle with regard to the charges related to terrorism?

Hizb ut-Tahrir was founded in 1953 when Israel was still a young state and has a history of not using or promoting violence but times change and so does the geopolitical environment.

We, at Human Rights Without Frontiers, consider that Hizb ut-Tahrir activists are not eligible for the status of victims of violations of religious freedom when carrying out political activities because it is identified by the ECtHR as a Muslim political movement, not a religious community. In our Database of FORB Prisoners in Russia and other countries, we do not include their members. While we contend they cannot be considered FORB prisoners (Article 9 of the European Convention on Human Rights), we consider they can be prisoners of conscience or political prisoners if they are arbitrarily arrested and sentenced to prison terms despite non-violent activities and no incitement to violence.

Kissinger in “The Age of AI And Our Human Future”

By Ambassador Arben Cici

Three of the world’s most accomplished and deep thinkers come together to explore Artificial Intelligence (AI) and the way it is transforming human society—and what this technology means for us all.

In the book “The Age of AI And Our Human Future” Henry A Kissinger, Eric Schmidt, Daniel Huttenlocher, together consider how AI will change our relationships with knowledge, politics, and the societies in which we live.

In seven chapters they analyze almost all the fields of the current world society. Especially the 5th one, “Security and World Order”, is focused on the historical importance of security as a fundamental objective for organized societies. The authors highlight the Cold War era when major powers developed technologically advanced militaries but refrained from using them against each other or smaller nations. The advent of artificial intelligence (AI) now poses challenges that could complicate modern strategy beyond human comprehension.

The authors stress that nations must acknowledge the security dimensions of AI. They caution that if the United States and its allies hesitate in embracing AI technologies, it might not lead to a more peaceful world. As AI brings transformations that challenge traditional security concepts, there’s a necessity for defining AI-related strategic doctrines before these changes become inevitable.

Drawing parallels with the development and use of nuclear weapons, the authors note that despite efforts to develop nuclear weapons, there has never been a clear strategic doctrine or moral principle for their use. The Cold War witnessed various strategies to manage the threat of nuclear war, including the doctrine of mutual assured destruction (MAD).

Two contemporary challenges discussed in this chapter are cyber conflict and AI. The authors emphasize the difficulty of conceptualizing arms control measures for cyber weapons due to the ambiguity surrounding terms like cyberattack and cyberwar. They highlight the paradox that the greater a society’s digital capacity, the more vulnerable it becomes to cyberattacks.

The introduction of nonhuman logic through AI to military systems is seen as transformative, introducing a layer of incalculability. AIs can make decisions faster than humans, and their use in weapons systems expands tactical options and enables unconventional targeting. AI has a dual-use nature, being applicable to both military and civilian domains.

The authors express concerns about the public nature of AI development, allowing countries to copy and transmit it. The opacity of AI-driven strategies may lead to the belief that AI assistance is necessary to understand adversaries’ capabilities and intentions. This poses challenges to the quest for reassurance and restraint.

“An Old Quest in a New World” is called a sub-chapter deeply addressing the transformative impact of artificial intelligence (AI) on global security. The authors stress the need for major technologically advanced countries to recognize the profound changes AI brings, comparing it to the significance of the advent of nuclear weapons. They propose the establishment of national bodies to consider the defense and security aspects of AI, emphasizing the importance of competitiveness, research coordination, and the prevention of unwanted escalation.

The authors argue that the primary AI powers, particularly the United States and China, should acknowledge the reality of this strategic transformation. They suggest that “whatever other contests and emerging period of rivalry US and China should seek consensus that they will not enter into a technologically advanced war with each other” and propose the creation of units within each government to monitor and report on potential dangers, fostering dialogue to avoid unintended crises.

Highlighting the paradox of international relations, the chapter emphasizes the balance between a power’s drive to maximize its security and the need for a sense of responsibility to maintain general peace. It discusses the challenge of adapting long-held strategic logic to the AI age, emphasizing the importance of preventing AIs from undertaking irreversible actions faster than human decision-makers can intervene.

The authors outline six primary tasks for leaders in controlling arsenals that include conventional, nuclear, cyber, and AI capabilities. These tasks involve (1)regular communication between rival nations about the forms of war they wish to avoid (as their predecessors did during the Cold War), (2)revisiting the challenges of nuclear strategy (as former secretary of state, George Schultz told Congress in 2018 about Hiroshima and Nagasaki, “ I fear people have lost that sense of dread”), (3)defining doctrines and limits for cyber and AI powers, (4)conducting internal reviews of command-and-control systems, (5)creating methods of maximizing decision time during heightened tension and extreme crises (In a crisis, human being must bear final responsibility for whether advanced weapons are deployed), and (6)considering efforts to limit the proliferation of military AI (If a disruptive and potentially destructive new technology is permitted to transform the militaries of the world’s most inveterately hostile or morally unconstrained governments, strategic equilibrium may prove difficult to attain and conflict then uncontrollable).

It emphasizes constantly the duty of technologically advanced countries to remain at the forefront of AI research and development but also underscores the importance of understanding limits. It stresses the need for discussions among major powers on cyber and AI weapons to establish a common vocabulary and mutual restraint on the most destructive capabilities. The authors argue that history will not forgive a failure to set limits as humanity competes in creating new, evolving, and intelligent weapons in the era of artificial intelligence.

In conclusion, this exceptional book provides a comprehensive exploration of the challenges and responsibilities posed by AI not only in the realm of global security but also in all aspects of the current society and our life.

Three of the world’s most accomplished and deep thinkers are calling and ringing the alarm bell, as well, for international cooperation, diplomacy, dialogue, and ethical considerations to navigate the complexities of this transformative technology and ensure its responsible use for the preservation of humanity not its destruction. Their call is not a fatalistic but realistic, and at the right time.

“We are in a new phase of human history. We have not possible way to avoiding it. The only choice we have is to use it constructively or be engulfed by it”.

Henry Kissinger on the AI.

About the author:

Ambassador Arben Cici

Ambassador Arben Cici, is a Professor of International Relations in the Mediterranean University of Albania, Pro-rector for International Relations, he is leading the Albanian Diplomatic Forum. Former Ambassador & Foreign Policy Adviser of the President of Albania.

Never fit for the split: Korean peninsula in 2024 – Forecast

Barely two weeks into 2024, tensions on the Korean Peninsula are rapidly escalating. On one hand, North Korea has declared it will no longer pursue unification as long as Seoul sticks to a strategy centred around the “collapse of the DPRK’s regime,” “unification by absorption,” and “unification under liberal democracy.”

On the other hand, South Korea announced plans to further strengthen the US-ROK extended deterrence system aimed at the North, calling for “peace through strength.” Given the starkly different positions held by the two Koreas, prospects for the improvement of inter-Korean relations this year look bleak.

In reality, the escalating hostility between the two nations will likely lead to a rapid deterioration of the security situation on the Peninsula, potentially jeopardizing regional peace and stability.

Unification Policies: Irreversible, Incompatible or Impossible?

Although inter-Korean relations have not progressed in a positive direction over the past four years, North-South ties reached a new low point on December 31, 2023, when Pyongyang announced a change in the country’s unification policy. According to North Korean media KCNA, Kim Jong-un called for a “decisive policy change” in how the North deals with the South. Kim announced the policy shift at the 9th Enlarged Plenary Meeting of the 8th Central Committee of the Workers’ Party of Korea (WPK), held from Dec. 26-30.

According to the North Korean leader, his country’s policy for national reunification has not had its desired effect, instead “the north-south relations have repeated the vicious cycle of contact and suspension, dialogue and confrontation.” He accused South Korea of pursuing “unification by absorption” and “unification under liberal democracy,” with the goal of the “collapse of the DPRK’s regime.” According to Kim, this version of unification sought by the South is not compatible with the North’s version of “national reunification based on one nation and one state with two systems.

North and South Korea have had their own views on unification ever since the formation of two separate states on the Peninsula in 1948. At that time, it was important for both Koreas to prove their legitimacy as the “true Korean nation.” Particularly in the early years of the Cold War, the main approach was to achieve unification by force. This strategy then changed in the ‘80s with the North proposing the “Democratic Federal Republic of Koryo” and the South presenting its “Unification Formula for the Korean National Community.

The South Korean version of unification calls for a 3-step process of reconciliation and cooperation, the formation of a Korean commonwealth, and the realization of a unitary state based on liberal democratic values. On the other hand, the North Korean version of unification calls for the formation of two regional Korean governments that implement policies under the direction of a Confederal government.

The North later amended its proposal in 1991 to a “low stage federation”, saying it would be open to allowing regional governments more autonomy. This brought the unification formulas of the two Koreas closer together, with the leaders of North and South agreeing in the June 15, 2000 Joint Declaration that “there are common elements in the South’s proposal for a confederation and the North’s proposal for a federation of lower stage as the formulae for achieving reunification” and that unification would be pursued in that direction.

Nevertheless, important differences remained in terms of what the final version of a unified state would look like. For the South, it would be “one nation, one state, one system, one government” under a liberal democratic system, while for the North it would be “one nation, one state, two systems, two governments,” which would ensure the continuation of the North’s socialist system. The two formulas for unification have not changed much over the years.

Realizing the disparity in their views, Kim Jong Un described inter-Korean relations at the December Plenary Meeting as “relations between two states hostile to each other and the relations between two belligerent states,” arguing that “the reality urgently requires us to adopt a new stand on the north-south relations and the reunification policy.

The announcement by Pyongyang is significant. Although the North is known to use harsh rhetoric and throw insults at the South Korean government regularly, the latest development goes further by announcing a formal change in the country’s policy line concerning unification with the South. This is the first time the North Korean government publicly declares it will no longer be pursuing unification.

North Korea

This situation puts South Korea in a difficult position. Unlike the North, South Korea cannot openly denounce the goal of unification since it is enshrined in the country’s Constitution (Article 4: “The Republic of Korea shall seek unification and shall formulate and carry out a policy of peaceful unification based on the principles of freedom and democracy.”). South Korean Unification Minister Kim Yung-ho reiterated this stance on Jan. 2, saying the South will continue to “prepare for unification in earnest,” while warning that the North will not be able to overcome the US-ROK ‘wall’ of deterrence.

Although the Constitution calls for unification to be pursued ‘peacefully’, North Korea accuses the South of adhering to the so-called ‘unification by absorption policy’, which would see the North Korean government collapse and the two Koreas reunited by South Korea ‘absorbing’ the North and forming one nation under the South Korean system. Even though each government in the South states its goal of achieving unification through peaceful means, wording used in various unification-related documents over the years rejects the idea of a unified Korean state that includes the presence of the current North Korean governing system.

For example, one 2012 report on unification states that “the authoritarian and totalitarian systems that still remain on the Korean Peninsula must be eliminated,” pointing to the North Korean system. Moreover, regarding the current government, the 2023 Unification Ministry’s White Paper on Korean Unification states that the Yoon administration’s priority is to “denuclearize North Korea” (not the Korean Peninsula), while aiming for “peaceful unification based on a basic free and democratic order.” Meanwhile, the first sentence on the Korea Institute for National Reunification (KINU)’s current homepage states that “The territory of the Republic of Korea shall consist of the Korean peninsula and its adjacent islands,” in accordance with the South Korean Constitution—underscoring the view that sees the South as the only legitimate Korea and the territory in the northern half of the Peninsula as belonging to South Korea.

South Korea

North Korea sees this position as incompatible with its vision for a unified Korea and has therefore given up, at least for now, on the goal of unification. Instead, North Korea will likely prioritize further strengthening its military capabilities while deepening ties with traditional allies such as Russia and China. Regarding the latter, Kim Jong Un mentioned at the Plenary Meeting his plans of “further developing the relations with the anti-imperialist independent countries opposed to the hegemony strategy of the U.S. and the West.” In short, improving relations with South Korea is not on the priority list.

Peace through strength

At present neither side (lately South too) does not seem to be prioritizing unification. The Yoon government has designated North Korea as the South’s “main enemy” and is vowing to double down on its hardline, deterrence-centered strategy in 2024.

Korea will build peace through strength. It will not be a submissive peace that is dependent on the good will of the adversary,” President Yoon said in his 2024 New Year Address. In terms of what this approach looks like in practice, the South Korean president explained: “We will accelerate our efforts to build a stronger ROK 3K Defense System to defend against North Korean nuclear and missile threats.”

The 3K Defense System refers to the Kill Chain system, the Korea Air and Missile Defense system, and the Korea Massive Punishment and Retaliation plan. The Kill Chain system is particularly controversial as it aims to launch a preemptive strike to remove the North Korean leadership in the face of an imminent nuclear attack.

Unlike the previous Moon Jae-in administration, the Yoon government has taken a more hardline stance toward the North, favoring military deterrence over diplomacy. Pyongyang has made its displeasure at the Yoon administration clear from the beginning, insulting the South Korean president on various occasions and calling his plans for denuclearization of the North in exchange for economic aid “the height of absurdity.

Since coming to office, President Yoon has prioritized deepening ties with the US and Japan and strengthening deterrence aimed at North Korea. Steps toward the latter were solidified in July when Yoon and US President Joe Biden launched the US-ROK Nuclear Consultative Group (NCG) aimed at strengthening extended deterrence, discussing nuclear and strategic planning, and ‘managing the threat to the nonproliferation regime’ posed by North Korea. Yoon also highlighted the NCG in his New Year’s speech, saying that the US and South Korea have now established a “nuclear-based” military alliance.

The NCG has further driven a wedge between North and South Korea, with Pyongyang seeing it as yet another hostile move by Washington and Seoul. In Kim Jong-un’s opinion, the NCG is “aimed at the joint plan and execution for the use of nuclear weapons” by the US and ROK and is bringing the two Koreas closer to war. The North Korean leader also heavily criticized Yoon’s decision to “complete the enhanced ROK-U.S. extended deterrence system” by the first half of 2024.

South Korea’s Unification Ministry is also echoing the same hardline policy approach. “The government will craft a ‘thicker and more elevated’ deterrence system through the strengthening of the Seoul-Washington alliance in order to brace for Pyongyang’s potential military provocations,” South Korea’s Unification Minister Kim Yung-ho said on Jan. 2. The Unification Minister is known for his hardline stance toward the North, having said in 2019 that unification would only be possible once the North’s government “is overthrown and North Korea is liberated.

South Korea

Pyongyang’s window of opportunity?

North Korea has repeatedly criticized the Yoon administration, seeing the current South Korean government’s strategy as one more likely to result in conflict than reconciliation. Pyongyang made its stance vis-à-vis the Yoon government explicitly clear on Jan. 2 through a statement made by Kim Yo Jong, Kim Jong Un’s sister. The message was specifically directed at the South Korean president, with the title of the statement reading “New Year message to the president of the Republic of Korea.”

The present security situation on the Korean peninsula is so critical that it may be not strange to see the outbreak of war at once, and the security uneasiness has become a commonplace in the ROK. This is entirely ascribable to the ‘merits’ of President Yoon Suk Yeol.” – Kim Yo Jong, Jan. 2, 2024.

Kim Yo Jong strongly criticized Yoon’s “peace by force” approach toward the North and mocked the South’s policy for being counterproductive by giving the North all the justification it needs to further grow its military and nuclear capabilities. “Thanks to the frequent introduction of U.S. nuclear carriers, nuclear submarines and nuclear strategic bombers allegedly to frighten anyone, the DPRK could develop its military capabilities in a reasonable and effective way,” she argued.

She called Yoon’s presidency a “golden opportunity” for North Korea and a “valuable gift,” adding that if the opposition candidate would have won in the 2022 presidential elections, it would have been “a serious trouble to us.”

The tremendous military muscle we are so satisfied with and trust in may have been hard to be secured in such a short span of time without the military confrontation attitude that Yoon showed so wildly and his clamoring for ‘collapse’ of our country and ‘punishment’.”

Similarly, critics of the Yoon administration’s North Korea approach claim the South’s policy is increasing the risk of conflict, giving North Korea time to further develop its nuclear and missile programs, and making diplomacy impossible. Kim Yo Jong called on Yoon to continue his current policy line, as his current approach is helping “bolster up the military muscle of the DPRK.”

2024 – a rocky road ahead

With unification goals off the table—at least for now—North Korea is likely to take a much more aggressive stance against the South this year. Signs of heightened tensions are already becoming apparent, with South Korea claiming the North conducted live-fire drills near the Western border with the South for three consecutive days over the weekend. In a report published by KCNA on Sunday, however, Kim Yo Jong refuted Seoul’s claims, saying instead that the North “conducted a deceptive operation in order to assess the real detecting ability of the ROK military gangsters” and that the Korean People’s Army (KPA) had in fact detonated “blasting powder” simulating the sound of artillery.

Regardless, the tendency of the South to respond in kind to North Korean provocations does not bode well for the stability of the Peninsula or the wider region. This is especially so now that the 2018 inter-Korean Comprehensive Military Agreement has practically been scrapped. With neither side showing any signs of softening their approach to each other, 2024 will likely see tensions between the Koreas continue to rise, perhaps to new heights.

This year’s presidential elections in the US are also likely to spur increased military actions by North Korea, including a possible nuclear test. Even if Donald Trump is reelected, inter-Korean ties are unlikely to progress in a positive direction this year. The new US president would have to make a major shift in Washington’s North Korea policy, away from a deterrence-centered strategy toward one prioritizing engagement, the resumption of diplomacy, and arms control instead of denuclearization. North Korea will remain uninterested in diplomacy as long as the US’ current policy remains unchanged. The same is true for its stance toward South Korea.

Published by the International Institute for Middle East and Balkan Studies – IFIMES

About the author:

Gabriela Bernal is an East Asia political analyst based in Seoul, South Korea. She is prolifically writing for Asian and western scientific and popular outlets.

The views expressed in this article are the author’s own and do not necessarily reflect IFIMES official position.

A record 365 million Christians persecuted worldwide, says Open Doors

The evangelical NGO “Open Doors” publishes its annual Watch List that ranks the 50 countries where Christians face the most extreme persecution. North Korea is still No. 1.

By Matthieu Lasserre

La Croix Int’l (18.01.2024) – Once again, North Korea is the most dangerous place in world to be a Christian, according the latest annual report issued by Open Doors, the non-denominational NGO founded in 1955 to offer support to those persecuted for their faith in Christ.

But in its 2024 Watch List, a yearly ranking of the 50 countries where Christians face the most sever persecution, Open Doors notes that Nigeria alone accounted for 82% of Christians who were killed last year killed because of their faith. The report — which covers the twelve-month period between 1 October 2022 and 30 September 2023 — was unveiled on January 16.  

Of of the 4,998 Christians who died because of their religious affiliation during that period, Open Doors said 4,118 were in the massive West African country. That’s a significantly higher figure than in other nations such as Congo (261), India (160), Uganda (55), Myanmar (34), or neighboring Burkina Faso (31).

Nigeria also ranks third in the number of “targeted” churches, meaning those that were destroyed or closed by authorities. Africa’s most populous country also leads in the unfortunate ranking of the number of Christians who were kidnapped last year (3,300 out of 3,906).

“These abductions target both forcibly converted young married girls and church leaders because it allows for substantial ransoms,” said Illia Djadi, the Open Doors analyst for West Africa.

“When pastors are released, they are so traumatized that they keep a low profile afterward,” she said during a press conference to present the Watch List.

200 deaths on Christmas Day

This insecurity was tragically highlighted on Christmas Day when nearly 200 Christians were massacred in Plateau State in the central Nigeria. The attack, which led to the burning of eight churches, forced thousands of people to flee the region, according to sources on the ground that Open Doors interviewed. According to the NGO’s officials, several survivors reported the perpetrators shouted “Allah Akhbar” during the attack.

“The Sahel jihadist groups are recruiting new members from the Fulani ethnic group, who are Muslim and nomadic, and are suffering from poverty due to the disappearance of herds caused by climate change,” continued Djadi. “Christians are not the only targets, but they are a preferred target for these groups.”

And with instability in countries in the Sahel region, these terrorist groups are proliferating and moving further south. Nevertheless, the number of Christians killed for their faith in Nigeria has decreased this year.

“For the tenth consecutive year, Nigeria is the top country in terms of Christians killed,” the Open Doors analyst affirmed. “Despite this, we have seen that thanks to security measures put in place for elections, this number has decreased. However, after the election period, we saw things resuming with renewed vigor. People on the ground feel abandoned by the West.”

Moreover, with its 200 million inhabitants, a security crisis could constitute a new migration crisis for Europe.

Besides Nigeria, the 2024 Watch List notes the explosion in the number of church closures worldwide, estimated at over 14,000. That’s three times higher than the previous year. China alone is responsible for about 10,000 closures by authorities.

“The period covered by the report coincides with the lifting of health measures in the country,” explained Guillaume Guennec, advocacy director for the Open Doors. “Everything reopened except unapproved churches that did not fit the Chinese government’s sinicization logic of Christianity.”

Overall, the NGO estimates that Christians face “very strong” persecution in 78 countries, up from 76 last year. More than 365 million Christians — or one in seven — face extreme persecution worldwide. This is a new record.

Open Doors say the top 10 countries where Christians are most persecuted are North Korea, Somalia, Libya, Eritrea, Yemen, Nigeria, Pakistan, Sudan, Iran, and Afghanistan. It also warns that in the Middle East and North Africa “Christians are becoming less and less at home.”

“It’s worrying when you consider that previous data was collected while ISIS was in that territory,” said Guennec, referring to the rise in blasphemy accusations in Iraq or a new exodus in Syria.

Open Doors has published the Watch List since 1993. The ranking uses a point system based on data collected in the field, “hammer” actions (beatings, murders, church destruction, etc.) and “vice” actions (oppression and restrictions on believers in their private, family, social, civil, or ecclesiastical life). While it is the work of an advocacy group, it is also an analytical tool that’s used by various institutions and the media.

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Published by Human Rights Without Frontiers