ICC Prosecutor, Fatou Bensouda, on International Day for the Elimination of Violence against Women
On this International Day for the Elimination of Violence against Women, we are once again reminded that despite widespread condemnation and growing efforts to eliminate it, abhorrent acts of violence continue to be a reality for countless women and girls throughout the world. Particularly vulnerable in times of conflict, women and girls are too often the victims of egregious sexual crimes.
Moreover, while the horrors and suffering of war are felt by entire communities, prevailing inequalities exacerbate these consequences for women and girls. In addition to physical and psychological scars, conflict intensifies their vulnerability to poverty as they endure inadequate access to education, health services and welfare, fewer economic opportunities, as well as diminished political participation.
The need to curb reprehensible crimes perpetrated against women and girls in times of conflict, and to change the culture of impunity in which they thrive, has been an intrinsic focus of my Office at the International Criminal Court.
We recognise that an important aspect of challenging the culture of discrimination that allows such crimes, including sexual and gender-based crimes, to prevail is the effective investigation and prosecution of those most responsible for such heinous crimes.
Today, as Prosecutor of the International Criminal Court, in strict accordance with the Court’s founding treaty, the Rome Statute, and on the strength of my Office’s Policy on Sexual and Gender-based Crimes and on Children, I reiterate my commitment, as well as that of my Office, to do everything we can, within our mandate and means, to investigate and prosecute the perpetrators of grave crimes against women and children. We count on the support of the Court’s States Parties and the internationality community in the discharge of our mandate.
We must address reprehensible crimes perpetrated against women and girls in times of conflict. It is a collective responsibility. Our humanity demands it.
Fatou Bensouda. Photography by Photoline.
By Roy Lie A Tjam.
On, 14 November 2017, The Hague acknowledged the establishment of the International Institute for Justice Excellence and celebration of the legacy of the ICTY. The ceremony took place at the Great Hall of Justice of the Peace Palace, and attendees included representatives of the various tribunals, ambassadors, and diplomatic staff of an array of embassies.
Mr. Jeffery Apperson, chairman and founder of the International Institute for Justice Excellence (IIJE), delivered the opening remarks. Jeffrey Apperson presented his board members to the audience, whom have come from the four corners of the globe- among them: China, USA, Nigeria, Netherlands, Trinidad & Tobago.
For additional Hester Dijkstra’s pictures, please open the link below: https://www.flickr.com/photos/121611753@N07/albums/72157664116126258H.E. Sheikh Mohammed Belal, Ambassador of Bangladesh, Justice Tassaduq Hussain Jillani, from Pakistan and Judge Walid Akoum, from the Special Tribunal for Lebanon.
Mr. Jeffery Apperson went on to explain the reasons behind the selection of The Hague and for being at the Peace Palace that particular evening. “The Hague, Apperson said, is about windmills, palaces and dreams of achieving the impossible; it is an international symbol of justice with institutions and a government dedicated to that symbol.I envision our institution adding value to these local and international institutions and hope we will eventually be a good local partner.”
As for being at the Peace Palace he exclaimed, “We are gathered here to announce the establishment of the International Institute for Justice Excellence, to establish an international justice excellence day and to honor the legacy in justice administration of a truly historic institution and its people, the UNICTY, and Lord Harry Woolf, a historic public figure.”Mr Roy Lie A Tjam, Diplomat Magazine’s Editor, Judge Geoffrey Henderson, International Criminal Court and The Hon. The Chief Justice of Trinidad&Tobago, Mr Justice Ivor Archie O.R.T.T.
Other Speakers
Apperson was followed by Ms. Astrid Bronswijk, Head of International Affairs, and municipality of The Hague. Bronswijk expressed the municipality’s contentment with the arrival of yet another International Institute in The Hague- city of peace and justice.
Bronswijk was followed by the Honorable Justice Kashim Zanna of Bornio State Nigeria. Justice Kashim Zanna commenced his discourse with a quotation of Dr. Martin Luther King Jr. exclaiming, “Injustice anywhere is a threat to justice everywhere”. He furthermore stated,
“The mission of the International Institute for Justice Excellence (IIJE) is to contribute to the refinement and enhancement of the vehicle for justice delivery, everywhere. It is an endeavor: to establish a non-political, non-profit, international institution dedicated to developing a collaborative approach to improving, globally, the administration of justice more uniformly and efficiently by promoting and providing: research and more.”
The final speaker was Mr. John Hocking, Registrar UN-ICTY.
The Award Ceremony.
An Award presentation ceremony followed, The International Criminal Tribunal for the former Yugoslavia (ICTY) was presented with the first Justice Administration Excellence Award. The Tribunal received the award for its significant contributions to the field of Justice Administration. The President of ICTY Carmel Agius received an award.
In his Keynote address, President Agius expressed his gratitude noting that the award speaks to the ICTY’s lifetime achievements. According to Agius, the award is also an acknowledgement of its judges, principals, and past and present staff members who have excelled in the performance of their assignments.
Mr. Jeffery Apperson, chairman and founder of the International Institute for Justice Excellence (IIJE).
Furthermore, the Right Honorable Lord Woolf has been acknowledged with the International Justice Excellence Award.
In conclusion of the inaugural ceremony, Alexis Gill singer accompanied by Victor Segura piano, gave a rendition of “From a Distance” and concluded with a reception.
H.E. Mrs Kaili Terras, Ambassador to Estonia; H.E. Mr Vidmantas Purlys, Ambassador of Lithuania; Keukenhof Flower Exhibition’s director, Mr. Bart Siemerink and H.E. Mrs Ilze Rūse, Ambassador to Latvia. By Roy Lie A Tjam.
A tulip-bulb planting ceremony took place at the Keukenhof Flower Exhibition. Ambassadors of the Baltic states, H.E. Mrs Kaili Terras, Ambassador to Estonia; H.E. Mrs Ilze Rūse, Ambassador to Latvia; and H.E. Mr Vidmantas Purlys, Ambassador of Lithuania, planted the tulip bulb “Flaming Baltic” also known as Tulipa ‘flaming baltic’. H.E. Mrs Kaili Terras, Ambassador to Estonia; H.E. Mr Vidmantas Purlys, Ambassador of Lithuania and H.E. Mrs Ilze Rūse, Ambassador to Latvia.
The Flaming Baltic Tulip is a tulip variety that was created to commemorate the Baltic Way, a movement that stands for the Baltic states’ independence and freedom. The special tulip will also mark the upcoming centenary of the Baltic countries in 2018.
Thanks to the contributions of Dutch tulip-growers and the excellent collaboration with Keukenhof Flower Exhibition, a ‘Baltic flowerbed’ adjacent to the William-Alexander pavilion featuring a tulip collection associated with each of the Baltic states. The numerous Keukenhof visitors will enjoy the wide spectrum of tulips such as“Tallinn”, “Latvija”and “Gintarine Lietuva”.
The planting event took place under direction of the Keukenhof Flower Exhibition’s director, Mr. Bart Siemerink, on 13 November 2017. In his speech, Siemerink indicated how delighted and pleased Keukenhof is to cooperate with the Baltic States, and that he is aware of the significance of next year’s historical celebrations for the Baltic States.
——— Photography by Mr. Kristaps Kļaviņš.
By Roy Lie A Tjam.
The Hague 27 October 2017, The Hague philharmonic orchestra or Residentie Orkest hosted Diplomat Magazine guests at their special concert. The concert was attended by a number of Ambassadors: Russia, Armenia, Ecuador. Korea. Indonesia, being amongst them. The Residentie Orkest artistic director Mr Sven Arne Tepl cordially welcomed the distinguished guests.
A highlight of the evening was the one-minute symphony called “who is who” its a three-part piece by the talented young Ghanaian composer David Azaglo, the audience roared its approval.
Power of Sjosta Kovitsj, it was Russian Roulette at the Zuiderstrand theatre when Nicholas Collon took on three Russian masterpieces: Ljadov’s poetic and atmospheric Enchanted Lake, the Tenth Symphony by Shostakovich – which recently shook up the Alpha tent at Lowlands Music Festival – and, lastly, the cello concerto by the not so well known Kabalevsky. He composed a piece bubbling over with absolute excitement, virtuosity, and vigour. This concerto is just perfect for the super-talented Leonard Elschenbroich. All enjoyed the superb evening at the zuiderstrand theatre.
Concert details:
The Prime Minister of India, Shri Narendra Modi has congratulated Justice Dalveer Bhandari on being re-elected to the International Court of Justice.
“I congratulate Justice Dalveer Bhandari on being re-elected to the International Court of Justice. His re-election is a proud moment for us.Congratulations to External Affairs Minister Sushma Swaraj and her entire team at Ministry of External Affairs and diplomatic missions for their untiring efforts that have led to India’s re-election to ICJ. Our deep gratitude to all the members of UNGA as well as UNSC for their support and trust in India“, the Prime Minister said.
Congratulations to Ambassador H.E. Venu Rajamony, Ambassador of India in The Hague.
First Lady honored with African Woman Personality of the Year & African Heroine Awards
The annual Voice Achievers’ Award in Amsterdam, the Netherlands took place on 17th November 2017. This year’s ceremony celebrated the First Lady of Republic of Rwanda, Her Excellency, Mrs. Jeannette Kagame, the Founder and Chairperson of Imbuto Foundation, a non-profit organization whose mission is to support the development of a healthy, educated and prosperous society in Rwanda and beyond.
She was honored with “African Woman Personality of the year & African Heroine Awards”.
The award was received by Ambassador Jean-Pierre Karabaranga, Ambassador of Rwanda to the Netherlands. Ambassador Karabaranga was accompanied by his spouse and members of the Rwandan community in the Netherlands.
The Voice Achievers Award is established in the Netherlands, as a project of The Voice Magazine to recognize Africans and friends of Africa of outstanding achievement on a yearly basis. Since 2012, the award took a global outlook recognizing people outside of the Netherlands.
Last year, the Embassy of Rwanda in the Netherlands was awarded the Best African Embassy within The Netherlands, according to the Statement from the Embassy.
In the final Trial Judgment of the International Criminal Tribunal for the former Yugoslavia (ICTY), Trial Chamber I today convicted Ratko Mladić, former Commander of the Main Staff of the Bosnian Serb Army (VRS) of genocide, crimes against humanity and violations of the laws or customs of war. These crimes were committed by Serb forces during the armed conflict in Bosnia and Herzegovina (BiH) from 1992 until 1995. Ratko Mladić was sentenced to life imprisonment.
Mladić was convicted of genocide and persecution, extermination, murder, and the inhumane act of forcible transfer in the area of Srebrenica in 1995; of persecution, extermination, murder, deportation and inhumane act of forcible transfer in municipalities throughout BiH; of murder, terror and unlawful attacks on civilians in Sarajevo; and of hostage-taking of UN personnel. He was acquitted of the charge of genocide in several municipalities in BiH in 1992.
The Chamber found that Mladić committed these crimes through his participation in, and contribution to, four joint criminal enterprises (JCE), i.e. the Overarching JCE, the Sarajevo JCE, the Srebrenica JCE and the Hostage-taking JCE.
The Overarching JCE, which existed between 1991 and November 1995, had the objective of permanently removing Bosnian Muslims and Bosnian Croats from Bosnian Serb-claimed territory through the commission of crimes in municipalities throughout BiH (Municipalities). The Chamber found that the evidence did not support a finding that the crime of genocide formed part of the objective of the Overarching JCE.
The Judges established that Bosnian Serb Forces killed many Bosnian Muslims and Bosnian Croats, while numerous others were forcibly displaced from their homes, during and after the take-over of the Municipalities or following attacks on non-Serb villages.
“Circumstances were brutal; those who tried to defend their homes were met with ruthless force. Mass executions occurred and some victims succumbed after being beaten. Many of the perpetrators who had captured Bosnian Muslims, showed little or no respect for human life or dignity”, said the Presiding Judge Alphons Orie.
Other victims were arrested, detained in detention facilities, often under inhumane living conditions, subjected to torture, beatings, rape and other acts of sexual violence, and then transported out of the Municipalities.
Mladić was instrumental to the commission of these crimes, the Chamber found, so much so that without his acts – they would not have been committed as they were. The judges therefore found that he significantly contributed to achieving the common objective of permanently removing Muslims and Croats from Serb-claimed territory in BiH by committing the crimes. Mladić was found guilty of persecution, extermination, murder, deportation, and the inhumane act of forcible transfer.
The Chamber further found by majority (Judge Orie dissenting), that the physical perpetrators in several municipalities intended to destroy the Bosnian Muslims in those Municipalities as a part of the protected group. However, the judges concluded that the Bosnian Muslims targeted in each municipality formed a relatively small part and were not in other ways a substantial part of the protected group. Consequently, the Chamber was not satisfied that the only reasonable inference was that the physical perpetrators possessed the required intent to destroy a substantial part of the protected group of Bosnian Muslims.
Between May 1992 and November 1995, the Judges found, Mladić significantly contributed to a JCE to establish and carry out a campaign of sniping and shelling, aimed to spread terror among the civilian population of Sarajevo (Sarajevo JCE).
During this period, the VRS deliberately shelled and sniped the civilian population of Sarajevo daily, often at locations that had little or no military value, resulting in deaths and injuries of thousands of citizens. The people of Sarajevo, Presiding Judge Orie said “were made to live in a state of constant distress. Every time they or their loved ones left their homes, they wondered if they would be targeted by sniper or artillery fire”.
The Judges determined that Mladić intended to perpetrate these crimes to achieve the objective of the Sarajevo JCE and that his actions were instrumental to the commission of the crimes. The Chamber therefore found Mladić guilty of the crimes of terror, unlawful attacks on civilians and murder.
The Chamber also established that a JCE existed with the common purpose of taking UN personnel hostage to compel NATO to abstain from conducting air strikes against Bosnian Serb targets (Hostage-taking JCE).
To this end, between approximately 25 May and 24 June 1995, UN personnel were detained by Bosnian Serb Forces and taken to various locations throughout BiH. Some were chained or handcuffed, at times at gunpoint, outside locations of military significance. Mladić intended to detain the UN personnel and issued threats against them during their detention in order to achieve the objective of stopping the NATO air strikes.
The judges concluded that Mladić’s contributions were central to the implementation of the Hostage-taking JCE’s objective and that he is therefore guilty of the crime of taking hostages.
Further, the Chamber found that in 1995 Mladić participated in a JCE to eliminate the Bosnian Muslims in Srebrenica (Srebrenica JCE).
In March 1995 Mladić signed orders for a strategic operation against the enclave, intending to empty it of its Bosnian Muslim population and make the area Serbian territory. After the VRS entered Srebrenica on 11 July 1995, the Bosnian Muslim women, children, and some elderly men were forcibly removed from the enclave to Bosnian Muslim-held territory. The Bosnian-Muslim men taken from the UN base in Potočari were detained in temporary detention facilities and later, together with thousands of others captured from the column fleeing the enclave on foot, bussed to various sites in Srebrenica, Bratunac, and Zvornik municipalities, where they were executed.
The Chamber found that Mladić intended to carry out the objective of the Srebrenica JCE by destroying the Bosnian Muslims in Srebrenica, by killing the men and boys and forcibly removing the women, young children, and some elderly men. The Chamber therefore found Mladić guilty of genocide, persecution, murder, extermination, and the inhumane act of forcible transfer.
Parties have the right to appeal the judgement. The appeal proceedings, if any, will be carried out by the International Residual Mechanism for Criminal Tribunals (MICT).
Ratko Mladić is entitled to credit for time spent in detention thus far.
The Trial Chamber I was composed of Judge Alphons Orie (presiding, The Netherlands), Judge Bakone Justice Moloto (South Africa) and Judge Christoph Flügge (Germany).
The trial commenced on 16 May 2012 and the hearing of evidence lasted for over four years, during which the Chamber sat for 530 trial days and received the evidence of 592 witnesses and nearly 10,000 exhibits. The Chamber also took judicial notice of approximately 2,000 adjudicated facts. The closing arguments were held from 5 to 15 December 2016.
Since its establishment, the Tribunal has indicted 161 persons for serious violations of humanitarian law committed on the territory of the former Yugoslavia between 1991 and 2001. Proceedings against 155 have been concluded. Proceedings are currently ongoing for 6 accused.
On the picture Judge Ekaterina Trendafilova.
As part of her first visit to Kosovo as President of the Specialist Chambers, Judge Ekaterina Trendafilova, together with the Registrar of the Specialist Chambers, Dr Fidelma Donlon, will meet the representatives of civil society in Kosovo.
During the visit, President Trendafilova will also hold bilateral meetings with government officials as well as domestic and international organisations to discuss the activities of the Specialist Chambers.
The President and the Registrar, will host an information Session of the Kosovo Specialist Chambers At the information session, the President and the Registrar will present on the structure, recent legal developments and work of the Kosovo Specialist Chambers. Presentations will be followed by a Q&A opportunity for the representatives of civil society.
The 1.5 hrs outreach event is to take place on Thursday 23 November at 14:30 at Hotel Garden (Str. Tahir Zajmi No.30 Kalabria), Pristina. The event will be held in English, with simultaneous interpretation available in Albanian and Serbian.