Ambassador of Iraq. H.E. Mr. Hisham Al-Alawi.By Marwan Hani Osseiran, Visiting Professional, ICC.
Earlier this summer, H.E. Hisham Al-Alwi, Ambassador of Iraq to the Kingdom of the Netherlands, in cooperation with the Terrorism Prevention branch of the United Nations Office on Drugs and Crime (UNODC/TPB) held an international conference for Iraqi Judges on “the accountability of ISIL/Dae’sh crimes in Iraq: collection of evidence, prosecution, trials and international cooperation”, at the Embassy in The Hague.
I attended on behalf of Diplomat Magazine on the 11th& 12th of July 2018, to cover this important event which brought together a group of senior Iraqi judges dealing with terrorist cases involving ISIL/Dae’sh in Iraq as well as experts from the international criminal tribunals in The Hague and senior United Nations representatives including Mr. Karim Asad Khan, the newly appointed Special Adviser and Head of the Investigative Team established pursuant to Security Council resolution 2379 (2017), to support domestic efforts to hold Islamic State in Iraq and the Levant (ISIL/Dae’sh) accountable by collecting, preserving, and storing evidence in Iraq of acts that may amount to war crimes, crimes against humanity and genocide committed by the terrorist group.
As a background, the Islamic State of Iraq and the Levant (ISIL/Dae’sh) perpetrated serious and systematic violations in Iraq that amount to “international crimes’ since its capture of the city of Mosul in June 2014, including the nine-month battle for Mosul between the terrorist group and Iraqi Government forces.
Evidence shows that ISIL committed mass atrocities against civilians and Mosul itself, a city they claimed as their capital, but for which they sought its ultimate deliberate destruction. Dae’sh reign of terror has spared no one, inflicting untold suffering on unarmed residents.
However, after the defeat of ISIL, more than 12000 ISIL fighters were captured and detained in Iraqi prisons. As Iraq’s criminal justice response faced challenges regarding the big number of the terrorist group’s detainees as well as the difficulties related to investigating and prosecuting them, UNODC’s Terrorism Prevention Branch brings its support to Iraqi criminal justice officials and law enforcement agencies in this regard such as, and including this pilot training conference.
The conference started with keynote speeches of high officials of the United Nations.
Mr. Jan Kubis, Special Representative of the Secretary-General and Head of the United Nations Assistance Mission for Iraq explained that UNAMI, as a political mission established in 2003 had a mandate to advise and assist the Government & People of Iraq in various issues among them promoting and protection of human rights and judicial and legal reforms. He stressed that the difficulties in Iraq are part of a global struggle about justice. UNAMI operates under constitutional and national laws of Iraq as in this case where specialized courts were created to deal with the Dae’sh crimes.
UNAMI is committed to assist the authorities in their quests to collect evidence needed for the prosecution of the crimes, as well as recover thousands of human remains and assist the victims of these crimes and their families.
International conference for Iraqi Judges on “the accountability of ISIL/Dae’sh crimes in Iraq: collection of evidence, prosecution, trials and international cooperation”, at the Embassy in The Hague.
Mr. Mauro Miedico, Chief, Implementation Support Section III, Terrorism Prevention Branch, UNODC delivered a concise note on the purpose of Pilot Training as well as the content of the latest draft adopted by the Government of Iraq detailing strategy, establishing associations for the support of victims, and specialisations of judges in the field of terrorism crimes.
In collaboration, the Government of Iraq offered UNODC an office in Baghdad where the focus will continue on prevention of terrorism, consolidation of efforts for training & support in the area of Cyber crimes as well.
Tasks:
Strengthen Peace & Security
Re-construction
Mr. Hisham Al Alwi, Ambassador of Iraq welcomed all the dignitaries and speakers. He highlighted the achievement of his government obtaining a final victory in a short period of time against Dae’sh. He reminded us that it wasn’t enough to defeat Dae’sh and that more efforts are needed to address the roots of the phenomena. Iraq is working on strengthening peace and security by promoting a culture of tolerance and dealing with people affected by these crimes.
On the other hand, Iraq faced destruction of a monumental scale which requires years of re-construction. Finally, His Excellency confirmed that his government is very keen on delivering justice for sake of victims and families in an exemplary manner.
No Crime without a law
Mr. Faeq Zeidan, Chief Justice, President of the Higher Judicial Council, Iraq, by parol, stated the pillars and legal principles for the Specialised Courts be it, right for a fair defence, right for Defence counsel, right for a fair trial, and that there will be no crime without a law.
Collecting, preserving, and storing evidence in Iraq and Syria of acts that may amount to international crimes;
Mr. Karim Khan, Special Adviser and Head of the Investigative Team for Iraq spoke about resolution 2379. He reiterated the condemnation of all violations of international humanitarian law, violations and abuses of international human rights law, and acts of terrorism. In his mandate as Special Adviser, the Investigate Team will support domestic efforts to hold ISIL accountable by collecting, preserving, and storing evidence in Iraq of acts that may amount to war crimes, crimes against humanity and genocide committed by the terrorist group in Iraq, to the highest possible standards and to ensure the broadest possible use before national courts, and complementing investigations being carried out by the Iraqi authorities and third parties.
Mrs. Catherine Marchi-Uhel, Head of the United Nations International Impartial and Independent Mechanism (IIIM for Syria) shared her experience on the task of collecting, preserving evidence and materials through establishing a memorandum of understanding and setting up an effective methodology.
The two-day conference continued with an array of experts from Judges, Registrar and Deputy Registrar, former prosecutors, senior legal officers, investigators, UN Detention Unit Commander, Chief of Victim Witness services and psychologists at the International Criminal Court, the International Criminal Tribunal for former Yugoslavia, the Special Tribunal for Lebanon, the International Tribunal for Rwanda, and the Kosovo Specialist Chambers & Specialist Prosecutor’s Office.
Moderators Mr. Ali Younes and Mr. Zouhair Racheha from the UNODC/TPB wrapped-up the conference with open questions and answers and invited H.E. Ambassador Al-Alwi to the podium who thanked the presenters and experts and encouraged the Iraqi judges of specialized courts for a big mission ahead of them overseeing the trials of more than 13,000 accused and more than one hundred thousand registered victims.
The Minister of Foreign Affairs of Denmark, Anders Samuelsen,met today at Eurojust’s headquarters in The Hague with Eurojust’s Vice President and National Member for Germany, Klaus Meyer-Cabri. The discussion centred on the future relationship between Denmark and Eurojust in view of the adoption and implementation of the new Eurojust Regulation.
The Minister praised Eurojust’s contribution to the fight against serious cross-border organised crime, especially in the areas of counter-terrorism, cybercrime and migrant smuggling. The Minister further stressed Eurojust’s importance for Denmark in combating transnational criminality. Special emphasis was given to Denmark’s future involvement in Eurojust when the new Eurojust Regulation will enter into force at the end of 2019. According to the Danish Protocol to the Lisbon Treaty, Denmark will not participate in any new measure in the criminal justice field and, as a consequence, it will not participate in the new Eurojust Regulation. However, Denmark wishes to continue to work in close cooperation with Eurojust. Mr. Meyer-Cabri said: Denmark is making valuable contributions to the work of Eurojust, closely cooperating with the judicial and law enforcement authorities in other Member States, therefore enhancing security at EU level. This work needs to be maintained, while respecting the rules of the Protocol and Denmark’s position as an EU Member State. We need to quickly negotiate a new and effective partnership to allow Denmark to remain a member of the Eurojust family, thus avoiding security gaps.
H.E. Dr. Hisham Al – Alawi, Ambassador of Iraq with guests during performances. Fighting Terrorism with CultureBy Roy Lie Atjam.
The Hague, 5 September 2018. Under the auspices of H.E. Dr. Hisham Al-Alawi, Ambassador of the Republic of Iraq, a cultural evening was organized at the Chancellery of Iraq in The Hague. Ambassador Al-Alawi cordially welcomed the diverse audience. He related there are various reasons for organizing a cultural evening. One is the latest success of Iraq Security forces in combating terrorism and barbarism. Culture (music) has the potential to promotes understanding.
Iraq is not just a country of explosions, it is also not just a country of violence and problems. However, music has proven to be an integral part of Iraqi culture. Hence, Ambassador Hisham Al-Alawi invited the audience to enjoy the informal lecture and concert of Iraqi music.
For additional Naldo Peverelli’s images, please open the link below: https://www.flickr.com/photos/109407424@N02/albums/72157673274439518Iraq Maqam singer Mr. Ali Al -Jadah.
The cultural evening was about a different side of Iraq, an ancient people, part of a great civilization from the Cradle of Civilization. What has been presented on 5 September was music that goes back thousands of years, music made on instruments like the flute, derback tambourine and so on.
So, the cultural evening featured Iraqi history and music. Special guests were Dr. Khahazal Al-Majidi who delivered a discourse on music and singing in Mesopotamia. He elaborated on the role of music and song back in Mesopotamia. Dr. Khahazal Al Majidi is a historian, dramatist, writer and poet.
Dr. Khahazal Al Majidi was accompanied by Mr. Sattar Al-Saadi who explained the role of art and rhythm in Mesopotamia, the Sumerian and Babylonian civilisation.
Dr. Khahazal Al-Majidi, Iraqi historian, dramatist, writer and poet.
Further on the program, showcasing of the many moods of music from several communities within the land which is now Iraq. Mr. Sattar Al-Saadi performed a piece on the derback entitled Theatre of Learning. The derback is an instrument originally made of clay and fish leather. An essential element in an Arab orchestra(percussion) Sattar Al-Saadi further played on an authentic Iraqi flute and also on one he made of PVC when he first arrived as a refugee in the Netherlands.
Additionally, the duo Sattar Al-Saadi, flute and Caroline Devile played Sinking Ship, written after an experience in Sattar Al Saadi’ life.
After a short break, the program continued with a concert brimming over with positive Iraqi vibrations. The trio: Caroline Devile piano and song, Sattar Al-Saadi flute, derback and tambourine and the renowned veteran Iraq Maqam singer Mr. Ali Al -Jadah (78) who stole the show with his voice full of vigour and spirit graced the concert. Interesting to note that from September 6-10, 2018 the First International Maqom Festival has taken place in the city of Shakhrisabz, Uzbekistan.
To the delight of the audience, the trio performed popular folk songs. The audience was elated! Everyone left the concert in high spirit.
The Ambassador of Morocco, His Excellency Abdelouahab Bellouki, Mr. Amokrane Mourad, Chargé d’affaires of the Embassy of Algeria, the Ambassador of Saudi Arabia, His Excellency Abdulaziz Abohaimed and Ambassador Al-Alawi.
It has been a veritable Iraqi evening; head- and staff of diplomatic missions, Iraqis residing in the Netherlands and friends of Iraq attended the event.
ICC Pre-Trial Chamber I rules that the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to BangladeshToday, 6 September 2018, Pre-Trial Chamber I of the International Criminal Court, composed of Judge Péter Kovács, Judge Marc Perrin de Brichambaut and Judge Reine Adélaïde Sophie Alapini-Gansou, decided by majority that the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh.
This ruling was delivered following a request submitted by the Prosecutor pursuant to article 19(3) of the Statute, who argued that, although the coercive acts underlying the alleged deportation of members of the Rohingya people occurred on the territory of Myanmar (which is a State not party to the Statute), the Court may nonetheless exercise its jurisdiction, since an element of this crime (the crossing of a border) occurred on the territory of Bangladesh (which is a State party to the Statute).
The Chamber found that it has the power to entertain the Prosecutor’s request under article 119(1) of the ICC Rome Statute, as well as pursuant to the principle of la compétence de la compétence or Kompetenz‑Kompetenz – a well-established principle of international law according to which any international tribunal has the power to determine the extent of its own jurisdiction.
Furthermore, in light of the fact that Myanmar is not a party to the Statute, the Chamber noted that, while the Court has objective international legal personality, its jurisdiction must still be determined in accordance with the confines of the Statute.
In relation to the central question contained in the Prosecutor’s request, the Chamber decided, first, that article 7(1)(d) of the Statute contains two separate crimes (namely forcible transfer and deportation) and, second, that the Court may exercise its jurisdiction if either an element of a crime mentioned in article 5 of the Statute or part of such a crime is committed on the territory of a State that is party to the Statute under article 12(2)(a) of the Statute.
The Chamber ruled on this basis that the Court has jurisdiction over the crime against humanity of deportation allegedly committed against members of the Rohingya people. The reason is that an element of this crime (the crossing of a border) took place on the territory of a State party to the Statute (Bangladesh). The Chamber further found that the Court may also exercise its jurisdiction with regard to any other crime set out in article 5 of the Statute, such as the crimes against humanity of persecution and/or other inhumane acts.
The Prosecutor, Mrs. Fatou Bensouda, must take the legally binding ruling of the Chamber into account as she continues with her preliminary examination concerning the crimes allegedly committed against the Rohingya people. In this respect, the Chamber determined that such a preliminary examination must be concluded within a reasonable time.
Judge Perrin de Brichambaut appended a partially dissenting opinion to the decision solely based on procedural grounds. Judge Perrin de Brichambaut is of the view that articles 19(3) and 119(1) of the Statute are inapplicable and that the principle of la compétence de la compétence cannot serve as an alternative basis for the Chamber to provide a ruling. According to Judge Perrin de Brichambaut, rendering the ruling requested by the Prosecutor would amount to an advisory opinion, which the Court is not allowed to do. For these reasons, Judge Perrin de Brichambaut believes that the Court cannot rule on its jurisdiction in relation to the alleged deportation of members of the Rohingya people from Myanmar to Bangladesh at this stage, but that it remains open to the Prosecutor to present a request for authorisation of an investigation to a Pre-Trial Chamber under article 15 of the Statute.
Decision on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) of the Statute” & PARTIALLY DISSENTING OPINION OF JUDGE MARC PERRIN DE BRICHAMBAUT
On the picture Mechanism Chief Prosecutor Serge Brammertz.
Arusha, 5 September 2018 – On 3 September 2018, Rwandan authorities executed arrest warrants issued by the International Residual Mechanism for Criminal Tribunals and took into custody Maximilien Turinabo, Anselme Nzabonimpa, Jean de Dieu Ndagijimana, Marie RoseFatuma and Dick Prudence Munyeshuli. The five accused will be transferred to the seat of the Mechanism in Arusha, Tanzania. The arrest warrants were issued by the Judge of the Mechanism after confirmation on 24 August 2018 of an indictment filed by the Mechanism Office of the Prosecutor. The indictment was kept under seal pending the successful arrest of the accused, and has been made public today with redactions to protect witnesses.
The indictment in the Turinabo et al. case alleges that the five accused are responsible for contempt of court, incitement to commit contempt and knowing violation of court orders, interfering with the administration of justice at the Mechanism and International Criminal Tribunal for Rwanda (ICTR). The Office of the Prosecutor alleges that Maximilien Turinabo, Anselme Nzabonimpa, Jean de Dieu Ndagijimana and Marie Rose Fatuma, directly and through others, offered bribes and exerted pressure to influence the evidence of protected witnesses in the Ngirabatware case. The Office of the Prosecutor further alleges that Dick Prudence Munyeshuli and Maximilien Turinabo disclosed protected information regarding protected witnesses in knowing violation of protective measures ordered by the ICTR and Mechanism. The alleged aim of these efforts was to secure the reversal of Augustin Ngirabatware’s conviction by the ICTR, as affirmed by the Mechanism’s Appeals Chamber for direct and public incitement to commit genocide, instigating genocide and aiding and abetting genocide and his sentence of 30 years of imprisonment.
In relation to the arrest, Mechanism Chief Prosecutor Serge Brammertz stated:
“I wish to express our gratitude to the Rwandan authorities for promptly executing the Mechanism arrest warrants and apprehending the five accused. The Office of the Prosecutor continues to enjoy excellent cooperation with the Prosecutor-General of Rwanda, Mr. Jean Bosco Mutangana, and other Rwandan authorities. My Office underscores our determination to stand against all efforts to interfere with witnesses and the proper administration of justice, in accordance with our mandate from the United Nations Security Council. We are fully committed to safeguarding the integrity of all proceedings before the Mechanism, ICTR and ICTY, in particular by ensuring the protection of witnesses. The confirmation of our indictment and arrests of the five accused this week are visible demonstrations of that commitment. ”
On the picture Ambassador Venu Rajamony during India Independence Day’s celebrations.
“The Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965” India’s position before the International Court of Justice, The Hague today.
Oral Proceedings on the Request for an Advisory Opinion by the United Nations General Assembly.
India today told the International Court of Justice that analysis of historical facts and consideration of the legal aspects associated therewith conform that sovereignty of the Chagos Archipelago has been and continues to be with Mauritius.
Presenting the position of India in the Oral Proceedings before the ICJ on the Request for an Advisory Opinion by the United Nations General Assembly in the matter concerning “The Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, ” India’s Ambassador Venu Rajamony said the historical survey of facts concerning colonization and the process of decolonization indicates that the Chagos Archipelago throughout the pre- and post-colonial era has been part of the Mauritian territory.
These islands came under the colonial administration of the United Kingdom as part of Mauritian territory. The understanding reached in November 1965 between Mauritius and the United Kingdom for the retention of Chagos by the United Kingdom for defence purposes and return thereof to Mauritius when no longer needed for defence purposes, is also in itself evidence that Mauritius has been and continues to be the sovereign nation for the Chagos Archipelago.
Thus, the historical aspects of the matter in question do clearly establish the Chagos Archipelago being part of the Mauritian territory to the exclusion of the sovereignty of any other State.
Ambassador Venu Rajamony said the legal aspects should root themselves in the historical facts, behaviour of the nations concerned, and the consideration of the issue by relevant administrative and judicial institutions.
The United Nations is the highest and most relevant institution in matters affecting nations and the international courts and tribunals are the most relevant judicial institutions. Before the independence of Mauritius, the United Nations, in December 1960, recognizing the ardent desire of the peoples of the world to end colonialism; believing in the need of ending all practices of segregation and discrimination associated with the colonialism; convinced of the right of all peoples to full freedom and of the integrity of their national territory, solemnly proclaimed the necessity of a speedy and unconditional end of colonialism in all its forms and manifestations in General Assembly resolution 1514 (XV). This resolution declared any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country, as incompatible with the purposes and principles of the Charter of the United Nations.
However, detachment of the Chagos Archipelago still took place in November 1965. The United Nations reacted in December 1965 to the detachment of the Chagos Archipelago by adopting resolution 2066 (XX) entitled “Question of Mauritius”, calling on the United Kingdom to fully implement Resolution 1514 (XV). The resolution obligated the United Kingdom to complete the decolonization of Mauritius and report the same to the General Assembly.
The Arbitral Tribunal constituted by agreement between Mauritius and UK in its Award dated 18 March 2015, ruled that the undertakings of the United Kingdom with respect to: the fishing rights of Mauritius in the waters of Chagos Archipelago; the eventual return of the Archipelago to Mauritius and; the benefit of mineral and oil resources in and near the Archipelago, are legally binding undertakings. Further, by declaring as legally binding the undertaking of the United Kingdom to return the Archipelago to Mauritius, the Award has determined the legal obligation of the United Kingdom to return the Archipelago to Mauritius.
Ambassador Venu Rajamony said the process of decolonization of Mauritius remains incomplete both technically and in substance as long as the Chagos Archipelago continues to be under colonial control.
Assistance Requested by the United Kingdom Regarding Toxic Chemical Incident in Amesbury
THE HAGUE, Netherlands—4 September 2018— The Organisation for the Prohibition of Chemical Weapons (OPCW) transmitted today to the United Kingdom of Great Britain and Northern Ireland (UK) the report of the OPCW’s mission to provide requested technical assistance in regard to an incident in Amesbury on 30 June 2018.
The results of the analysis by the OPCW designated laboratories of environmental and biomedical samples collected by the OPCW team confirm the findings of the United Kingdom relating to the identity of the toxic chemical that intoxicated two individuals in Amesbury and resulted in one fatality.
The toxic chemical compound displays the same toxic properties of a nerve agent. It is also the same toxic chemical that was found in the biomedical and environmental samples relating to the poisoning of Mr. Sergei Skripal, Ms. Yulia Skripal, and Mr. Nicholas Bailey on 4 March 2018 in Salisbury.
The UK’s delegation to the OPCW requested that the Technical Secretariat share the report with all States Parties to the Chemical Weapons Convention (CWC) and to make the summary of the report publicly available.
The Director-General, H.E. Ambassador Fernando Arias, thanked all of the OPCW designated laboratories that supported the technical assistance request for their swift and thorough analysis.
On the picture, ICC Prosecutor H.E. Mrs. Fatou Bensouda.Al-Bashir case: ICC Appeals Chamber hearing submissions on legal matters raised by Jordan from 10 to 14 September 2018
The Appeals Chamber of the International Criminal Court will hold five days of hearings, from 10 to 14 September 2018, in relation to the Hashemite Kingdom of Jordan against the decision of Pre-Trial Chamber II on the non- compliance by Jordan with the request by the Court for the arrest and surrender of Mr Omar Al-Bashir.
The Appeals Chamber will receive oral submissions on legal matters raised in this appeal from representatives of Jordan, the ICC Prosecutor, and amici curiae including representatives of the African Union, the League of Arab States and international law professors.
The Minister of Defence of Japan, Mr. Itsunori Onodera and OPCW Director General, H.E. Fernando Arias González.
The Hague, Netherlands — 4 September 2018 — The Director-General of the Organisation for the Prohibition of Chemical Weapons (OPCW), H.E. Ambassador Fernando Arias, and the Minister of Defence of Japan, Mr Itsunori Onodera, met today at the OPCW Headquarters in The Hague.
The Director-General briefed the Defence Minister on the progress of the implementation of the Chemical Weapons Convention, OPCW’s continuing activities in Syria, as well as current and future priorities and challenges of the Organisation such as achieving universality of the Convention, upgrading the OPCW Laboratory, and intensifying international cooperation and assistance.
The Director-General commended Japan’s active role in global chemical disarmament including the steady progress in destroying chemical weapons abandoned by Japan on the territory of China. He also expressed appreciation for Japan’s generous contributions to the OPCW’s Syria Trust Fund and a range of other activities.
Ambassador Arias stated, “I look forward to working with Japan and other OPCW Member States to fulfil the Chemical Weapons Convention’s ultimate goal of a world permanently free of chemical weapons”.
Minister Onodera recognised the importance of the OPCW’s activities for a world both free of chemical weapons and of the threat of their use, and also expressed his intention to actively cooperate with OPCW including reinforcement of its capabilities.
The Defence Minister was accompanied by Japan’s Permanent Representative to the OPCW, H.E. Mr Hiroshi Inomata, and other members of the delegation.
The Embassy of Republic of Rwanda in The Hague participated in Embassy Festival on 1 September that took place in The Hague in the Netherlands.
H. E. Mr. Laurence Lenayapa, Ambassador of Kenya, Ambassador Karabaranga and H.E. Andrea Gustovic-Eregovac, Ambassador of Croatia.
The cultural world trip that this festival offered fits in seamlessly with the international City of The Hague.
One out of three inhabitants have roots abroad, making it the city that brings the world together. The Hague is also the embassy city of the Netherlands.
The Embassy Festival showcased the cultural richness of around 60 countries at the Lange Voorhout.
The result of this was a colourful festival program with lots of dance and music: the universal language that ties us all together and the Rwandan Embassy once again put up a special programme for its visitors, including traditional dances and traditional handicrafts were on display.
For the second time Rwanda had found its way to the Embassy Festival. On the stage of the Creative Arena, the cultural program included traditional Rwandan dance performances.
Furthermore, the Rwanda Pavilion was centrally located on the International Market where H.E. Mr. Jean Pierre Karabaranga and his team provided a crowd of visitors with up to date information about the various tourism and business & investment opportunities in Rwanda.
Throughout the day Rwandan specialty Rwanda specialty coffee specialist Brewanda served coffee and people enjoyed the Rwandan Coffee Brownies from the Rose & Vanilla Bakery.
For more information about the festival, please visit: www.embassyfestival.com
Photos enclosed. High resolution photos can be downloaded from the Flickr photo album:
https://www.flickr.com/photos/rwanda-embassy-nl/albums/72157700574667274