Appeals Chamber hears oral arguments in the Šešelj case

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Judge Theodor-Meron. The Appeals Chamber of the Mechanism for International Criminal Tribunals hears oral arguments in the Šešelj case The Hague, 13 December 2017- The Appeals Chamber of the Mechanism for International Criminal Tribunals, composed of Judge Theodor Meron, presiding, Judge Lee G. Muthoga, Judge Florence Rita Arrey, Judge Ben Emmerson, and Judge Ivo Nelson de Caires Batista Rosa heard today oral arguments in the appeal filed by the Prosecution against the judgement of acquittal in the case of Mr. Vojislav Šešelj, rendered on 31 March 2016 by Trial Chamber III of the International Criminal Tribunal for the Former Yugoslavia (ICTY). In February 1991, Mr. Šešelj was appointed President of the Serbian Radical Party and, in June 1991, he was elected a member of the Assembly of the Republic of Serbia. At trial, the Prosecution charged Mr. Šešelj with persecution, deportation, and inhumane acts (forcible transfer) as crimes against humanity, as well as murder, torture, cruel treatment, wanton destruction of villages, destruction or wilful damage of institutions dedicated to religion or education, and plunder of public and private property as violations of the laws or customs of war. The Prosecution alleged that Mr. Šešelj planned, ordered, instigated, committed, or otherwise aided and abetted these crimes. It further alleged that he participated in these crimes between August 1991 and September 1993 by way of a joint criminal enterprise, the common purpose of which was the permanent and forcible removal, through the commission of crimes, of a majority of the Croatian, Bosnian Muslim and other non-Serbian populations from approximately one-third of the territory of Croatia and large parts of Bosnia and Herzegovina, and Vojvodina, in Serbia, in order to make these areas a new Serbian-dominated state. The Trial Chamber, by a majority, Judge Lattanzi dissenting, acquitted Mr. Šešelj of all charges. The Prosecution argued that the Trial Chamber erred in law by failing to deliver a reasoned opinion and erred in fact by acquitting Mr. Šešelj. It requested that the Appeals Chamber revise the Trial Judgement to find Mr. Šešelj guilty as charged and sentence him accordingly, or, alternatively, order a retrial. In his Response Brief filed before the hearing, Mr. Šešelj argued that the Prosecution appeal should be dismissed in its entirety. Mr. Šešelj – who has elected to represent himself – was not present at the appeal hearing. In his Response Brief filed before the hearing, Mr. Šešelj indicated that he had no intention of participating in the appeal hearing. In September 2017, the Appeals Chamber gave Mr. Šešelj an opportunity to reconsider his position and warned him that it would instruct the Registrar to assign a standby counsel to represent his procedural interests if he maintained his position not to attend the hearing. Mr. Šešelj did not respond to the invitation to reconsider his position. As a result, Ms. Colleen Rohan was assigned as standby counsel and was present at the appeal hearing to protect his procedural interests. Mr. Šešelj has been given an opportunity to respond to the Prosecution’s oral submissions within 10 days of receiving the B/C/S version of the transcript of the appeal hearing.

US Ambassador-designate Peter Hoekstra sworn in by Vice President Mike Pence

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On the picture H.E. Peter Hoekstra and his wife Diane, with Vice President Mike Pence. US Vice-President Mike Pence performed the ceremony to swear in Peter Hoekstra as U.S. Ambassador to the Netherlands in Washington, DC on December 11.   The Vice President congratulated the Holland, Michigan native on Twitter, noting that he knew from serving with Hoekstra in the Congress that “there’s no better man to be in the Netherlands than Pete Hoekstra.” The Ambassador-designate is expected to take up his post in The Hague in January. Peter Hoekstra, U.S. Ambassador-designate to the Netherlands, was born in Groningen and immigrated with his family to the United States.  He became a prominent politician and business executive with a long history of public service.
Ambassador Hoekstra during the swearing ceremony.
The Ambassador-designate served as a Member of Congress for eighteen years (1993-2011) representing Michigan’s 2nd District.  He was the founding chairman of the Congressional Caucus on the Netherlands and active throughout his tenure in promoting Dutch-American ties.  He was also the Chairman of the House Permanent Select Committee on Intelligence or ranking Republican on the Committee from 2004-2011. During this time, he was responsible for leading Congressional oversight of U.S. intelligence during its modernization to confront the threats of the 21st century and restructuring following the 9-11 Commission report.  During the 2016 Presidential election, he served as Co-Chair of the Trump/Pence campaign in Michigan and was a campaign National Security Advisor focusing on intelligence, cyber, and other security issues. Prior to his election to Congress, Ambassador-designate Hoekstra enjoyed a successful 15-year career at Herman Miller, Inc. of Zeeland, Michigan, where he rose to become Vice President of Marketing.  After Congress he was a distinguished fellow at the Heritage Foundation and a Shillman Senior Fellow at the Investigative Project on Terrorism.  He also served on the Board of Directors of the Gentex Corporation. Ambassador-designate Hoekstra was a member of the Executive Committee of the Netherlands American Foundation.  He has written on issues of international affairs, intelligence, and security including the book, “Architects of Disaster: The Destruction of Libya” in 2015.  He has a Bachelor’s degree in Political Science from Hope College, an MBA from the University of Michigan, and an Honorary Doctorate from Grand Valley State University.  His awards include the Order of the House of Orange from the Netherlands, the “National Intelligence Distinguished Public Service Medal”, the CIA “Agency Seal Medal,” and the Hope College Distinguished Alumni Award. The Ambassador-designate and his wife, Diane, have three adult children: Erin, Allison, Bryan, as well as daughter-in-law Rebecca and a new grandchild, Elam.

Formal go-ahead for closer defence cooperation in EU

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The Netherlands will participate in 7 of these 17 initial projects, including initiatives in the fields of logistics, medical capabilities, maritime demining, cyber security and radio communication. A good balance is being struck between short- and long-term projects. The long-term projects include the programme for modern maritime demining, which will provide better protection to ships, ports, offshore installations and maritime trading routes. The Netherlands is playing a leading role in a plan for increased military mobility, one of the short-term projects, which should ensure that the EU can move military materiel and personnel more rapidly from place to place. Currently there are still too many obstacles, from red tape to infrastructure that is not equipped to carry heavy transports. Foreign minister Halbe Zijlstra explained, ‘This kind of defence partnership should enable the EU to better ensure our own security.’

60 years Benelux Council

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Ambassador Maryem van den Heuvel and Benelux dignitaries at the Benelux House in Brussels – Picture by Royal Dutch Embassy to Belgium.
Monday, 11 December 2017, Brussels: Sixty years ago the Benelux cooperation began amongst the Kingdom of the Netherlands, the Kingdom of Belgium as well as the Grand Duchy of Luxembourg, and ten years ago with the German federal state of North Rhine-Westphalia.
During a council held at Benelux General Secretariat in Brussels, the occasion was marked but moreover a protocol on the protection of intellectual property was signed amongst the participants. The latest change in the Benelux Treaty aims at simplifying the registration of intellectual property but likewise to harmonise marketing law in the Benelux and NRW. For further information: Benelux General Secretariat: http://www.benelux.int/fr/benelux-unie/introduction  

Stoltenberg’s term extended two more years

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Ine Eriksen Søreide & Jens Stoltenberg – Picture by NATO.   By Henri Estramant.   Brussels, Tuesday, 12 December 2017: NATO, the military alliance of 29 trans-atlantic partners, has extended the Norwegian Jens Stoltenberg’s mandate as Secretary-General for a further two years. The current head of NATO remains in office, as the allies have unanimously extended his term that would otherwise have expired after four years in September of next year. Holding the position since 1 October 2014, Stoltenberg was expected to take the positive vote of the NATO allies, as already once last week, the federal government of Germany had already spoken out for an extension of his term. Defence Minister Ursula von der Leyen and Foreign Minister Sigmar Gabriel publicly supported to continue to rely on the 58-year-old former head of government. For further information:  https://www.nato.int  

Prosecutor Brammertz speaks in Washington

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Arusha, The Hague, 12 December 2017 – Prosecutor Serge Brammertz of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Mechanism for International Criminal Tribunals (MICT) spoke today at the briefing entitled “The International Tribunal and Beyond: Pursuing Justice for Atrocities in the Western Balkans” organized by the Commission on Security and Cooperation in Europe (Helsinki Commission) and the Tom Lantos Human Rights Commission (TLHRC).

The aim of the briefing was to assess the Tribunal’s achievements and limitations and what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims and foster greater reconciliation among peoples.

The other panelists were Nemanja Stjepanović, Member of the Executive Board of the Humanitarian Law Center in Belgrade and Diane Orentlicher, Professor of Law, Washington College of Law, American University. The briefing was opened by U.S. Representative Randy Hultgren, co-chair of the Tom Lantos Human Rights Commission and member of the Helsinki Commission, and moderated by Robert Hand, Policy Advisor of the Helsinki Commission. U.S. Representative Eliot Engel, member of the TLHRC, also attended the briefing and made remarks.

Prosecutor Brammertz stated that “in large measure, the ICTY has achieved what it set out to do”, and added: “In accordance with universally-recognized principles of law, we independently and impartially investigated the crimes, prosecuted senior leaders from all parties to the conflict and held them individually responsible for their crimes against the victims and indeed all of humanity”.

Speaking about the crucial role of the international community – the United States and the European Union in particular – in setting up and supporting the work of the Tribunal through conditionality policy, Prosecutor Brammertz said: “The lesson is clear: if there is a clear political agenda in support of justice, and if the international community speaks with one voice, those most responsible for atrocity crimes can be held accountable”. Speaking about the importance of the ICTY’s legacy for future justice efforts, Prosecutor Brammertz said that the ICTY will continue to be a “symbol of justice to other victims and survivors”. The Prosecutor added that the ICTY greatly developed the law and practices needed to bring war criminals to justice, emphasizing his Office’s work in documenting the lessons learned from prosecuting rape, sexual enslavement, torture and other crimes of sexual violence in more than 50 cases. Turning to his Office’s support to national judiciaries in the region of the former Yugoslavia, Prosecutor Brammertz noted, “If international tribunals focus on those most responsible for the crimes, there will need to be national courts to bring other perpetrators to justice in order to avoid significant impunity gaps”, and added that, “in the future, collaboration and intense cooperation between the international and national should be the rule, not the exception”. Finally, Prosecutor Brammertz said that the completion of the Tribunal’s mandate is not the end of war crimes justice, but the beginning of the next chapter, as further accountability for the crimes now depends fully on national judiciaries in the former Yugoslavia.

He stressed that national judiciaries will need more support as “accountability for atrocity crimes in the national courts of the former Yugoslavia faces many challenges, with negative trends often overshadowing the positive”. Noting that reconciliation has not yet been achieved and remains a significant challenge, the Prosecutor concluded that the ICTY’s legacy would not be measured by its own work but by “whether the countries of the former Yugoslavia build the rule of law, demonstrate they can secure meaningful justice for the victims, and show the courage to accept the facts and pursue meaningful reconciliation”.

 

 

 

Berlin Mayor in Luxembourg

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Michael Müller & HRH Grand Duke Henri of Luxembourg – © Cour grand-ducale, tous droits réservés.   Berlin Mayor in Luxembourg  11-13 December 2017, Grand Duchy of Luxembourg : Governing Mayor of Berlin, Michael Müller, was guest in Luxembourg in his capacity as 72nd President of the German Bundesrat (Assembly of Federal States). In Luxembourg he brought along an economic delegation, and partook together with Prime Minister Xavier Bettel, as a key-note speaker at the XVI German-Luxembourgian Economic Conference. Under the motto “Who is not creative and innovative, remains still” („Wer nicht kreativ und innovativ ist, bleibt stehen“) from Premier Bettel, the conference “Furtherance of a Cultural and Creative Economy – making innovation possible”, was held. The conference was tied to the visit of the Governing Mayor of Berlin. During his visit Mayor Michael Müller was received in audience by HRH Grand Duke Henri of Luxembourg, Duke of Nassau, by the Speaker of Parliament, Mars di Bartolomeo and Prime Minister Xavier Bettel for bilateral talks. Mayor Müller highlighted the importance of creative economy in Berlin as a hub for middle class startups accounting for € 16 billion, or rather 10% of Berlin’s economy. For further information: German Embassy in Luxembourg (HE Ambassador Heinrich Kreft): http://www.luxemburg.diplo.de President of the Bundesrat (Governing Mayor Michael Müller – Berlin): https://www.bundesrat.de/DE/bundesrat/praesidium/praesident/praesident-node.html Embassy of the Grand Duchy of Luxembourg in Germany (HE Ambassador Jean Graff): http://berlin.mae.lu/ge    

Foreign Minister Zarif: Europe must work with Iran

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By Dr. Mohammad Javad Zarif , Minister of Foreign Affairs of the Islamic Republic of Iran.  Dec. 10, 2017 Tehran— On a crisp morning in Vienna two summers ago, hours before concluding the nuclear deal with the United States, the European Union and five other world powers, I took to Twitter to write that the landmark accord was “not a ceiling but a solid foundation.” Unfortunately, for the past 11 months, the response to Iran’s good faith has been tantrums from the Trump administration. But the unreliability of the United States — from climate change to Palestine— has become predictable. Our main concern now is cautioning European countries against wavering on issues beyond the scope of the nuclear agreement and following in lock step behind the White House. As the nuclear deal and the Middle East enter uncharted and potentially combustible territory, it is imperative that Europe helps ensure that we don’t soon find ourselves repeating history. More than a decade before the talks that led to the 2015 nuclear deal, Iran held similar negotiations with Britain, France and Germany. European diplomats, seeking to persuade George W. Bush’s administration to give diplomacy a chance, asked us for a temporary, voluntary freeze on uranium-enrichment-related activities as a confidence-building measure. We agreed. But placating the Americans proved difficult, and the Europeans took another wrong turn. After two years of negotiation — and under pressure from the United States — Britain, France and Germany suddenly demanded that we abandon all enrichment activities. The talks fell apart and the Europeans ended up neither stopping our nuclear program nor appeasing Washington. Sporadic talks in the intervening years went nowhere, and by 2013, when we sat down again to negotiate — this time directly with the United States, as well — Iran had increased its number of centrifuges to 20,000 from fewer than 200 in 2005. There was no longer talk of an end to uranium enrichment on Iranian soil.
H.E. Federica Mogherini, High Representative of the European Union for Foreign Affairs and Security Policy and Vice-President of the European Commission and Dr. Mohammad Javad Zarif.
The nuclear deal is a rare triumph of diplomacy over confrontation. Undermining that would be a mistake. Europe should not pander to Washington’s determination to shift focus to yet another unnecessary crisis — whether it be Iran’s defensive missile program or our influence in the Middle East. This would repeat the very dynamics that preceded the nuclear deal. Let me reiterate: Iran’s military capabilities comply with international law and are entirely defensive. Our defensive posture stems from sober geostrategic calculations, as well as moral and religious convictions. Our military doctrine is also based on historical experience: During the Iran-Iraq War, Saddam Hussein rained Soviet-made missiles on our cities, some of them carrying chemical components provided by the West. The world not only kept silent, but also no country would sell Iran weapons to enable us to at least deter the aggressor. We learned our lesson. We have honed missiles as an effective means of deterrence. And our conscious decision to focus on precision rather than range has afforded us the capability to strike back with pinpoint accuracy. Nuclear weapons do not need to be precise — conventional warheads, however, do. Our commitment to self-defense is not a slogan. We have deployed our missiles against only a few equally heinous adversaries: Saddam Hussein’s regime and its terrorist allies, and the so-called Islamic State. And our strikes came in response to their merciless killing of Iranians. No Iranian administration will leave our people defenseless. The international community — and Europe in particular — should realize this and instead focus its efforts on tackling real threats to the world, like the wars engulfing the Middle East. Iran is proud of taking the lead in trying to bring an overdue end to the bloodshed in Syria. In 2013, I presented a plan to end the conflict there through a cease-fire, the formation of a national unity government, constitutional reform and free and fair elections. But this plan fell on deaf ears. Still, we have continued our efforts. Just last month, our president, Hassan Rouhani, joined by his Russian and Turkish counterparts, took an important stride toward peace at their summit meeting in Sochi, Russia, paving the way for more aid, de-escalation and the convening of a Syrian people’s congress. In the case of Yemen, only two weeks after Saudi Arabia began its brutal bombing campaign in April 2015, Iran put forward a plan urging an immediate cease-fire and humanitarian assistance, followed by national dialogue to establish an inclusive government. The perpetrators of the humanitarian crisis, and their Western allies, choose war instead. As Iran and its partners labor to put out fires, the arsonists in our region grow more unhinged. They’re oblivious to the necessity of inclusive engagement. And yet, despite the huge stakes, important stakeholders remain reluctant to hold the arsonists to account. We urge responsible parties to recognize the need to look forward. And so, let us find hope in a shared vision of a more peaceful future and be brave enough to take tangible action to make it happen. In these pages in 2015 , I presented a proposal for a regional dialogue forum, a way to bring Iran and its neighbors together to work toward peace. We’re hopeful that responsible actors outside the Middle East will focus their efforts on urging their allies in our region to take seriously our proposal. We believe it can be a good start, and we once again invite all of our neighbors to participate  —————-  Note: This article and pictures are a courtesy of the Embassy of the Islamic Republic of Iran in The Hague.                    

Parliamentary solemn session for late Romanian monarch

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  HM Margareta, Custodian of the Romanian Crown – Picture by Royal House of Romania. On Monday, 11 December 2017, Bucharest, Romania: Her Majesty Margareta, Custodian of the Romanian Crown, addressed both Chambers of the Parliament, in a solemn session held in the honour of His Late Majesty King Mihai I of Romania. The National Anthem was played in the beginning of the session. A film with a fragment of the speech of King Mihai I addresed the Romanian Parliament in October 2011 was presented to the audience.
President Klaus Iohannis – Picture by Royal House of Romania.
During the session, the President of Romania, His Excellency Klaus Werner Iohannis, the President of the Senate, His Excellency Călin Popescu Tăriceanu, the President of the Chamber of Deputies, His Excellency Liviu Dragnea, the Prime Minister, His Excellency Mihai Tudose, His Beatitude Daniel, Patriarch of the Romanian Orthodox Church, and the representative of the Romanian Academy took the floor.  At the end of the solemn session, the Royal Anthem was played (George Enescu version). It was for the first time since 1946 that the Royal Anthem was played in the Parliament of Romania.  HRH Prince Consort Radu and HRH Princess Marie of Romania also attended the Solemn Session, along with the Apostolic Nuntio, Dean of the Diplomatic Corps, and foreign ambassadors accredited to Romania. Speech of Her Majesty the Custodian of the Crown at the Solemn Session of the Romanian Parliament, 11 December 2017 Mr President of Romania, Chairmen of the Senate and the Chamber, Mr Prime Minister, Your Beatitude, Your Eminence, Ladies and gentlemen senators and deputies, Your Excellencies, The solemnity we participate in is organized to pay tribute to our King, so loved by the Romanian people and admired by the whole world. But the meaning of today’s distinguished assembly has deep roots in 150 years of modern history, full of tragic, as well as uplifting pages. I lost, as it had the entire nation, a parent. In these difficult moments, we are united in our suffering. The goodness and forgiveness of my father defeated all the evils of the last century. His wisdom assured the continuity of our country in moments of tragedy and unbearable suffering last century. Even when our King was far away from his country, Romanians saw him as a beacon. For almost a century, King Michael was part of the Romanian state fabric. A new time starts for the Royal House. With the same values and principles as my father, I will continue to serve the fundamental interests of Romania. Like King Michael, I will devote my work to the Romanians from all over the world. The Crown will continue to do everything possible, alongside the fundamental institutions of the State, for the country’s progress, in the European Union and NATO. The King has always believed it is our duty to be an integral part of such efforts. Besides our activities for strengthening Romanian communities, and our charitable projects, my Family and I will continue, along the state institutions, to promote Romania’s true image and her interests globally. The countries of the world need to know better what Romania achieved in 150 years, as a modern state, what we managed to build in the century that passed from the Great Union and what we accomplished after the fall of communism. Looking back, we can be proud of the progress of our nation. In my parents’ heart there has always been a “tomorrow”. With the thought of that “tomorrow,” I am grateful to you for today.   So help us God! Margareta, Custodian of the Romanian Crown  

Charlemagne Prize for Macron

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Emmanuel Macron at Tallinn – Picutre Arno Mikkor (EU2017EE). French President Emmanuel Macron shall be awarded 2018 Charlemagne Prize for his vision to rebuild Europe at a time when the bloc is battling instability, organisers of the award said Friday, 8 December 2017. The selection committee of the German award said it picked Macron “in recognition of his vision of a new Europe and of the re-establishment of the European project, of a new European sovereignty and a close, restructured cooperation between peoples and nations.”
Since taking office, he has championed an ambitious plan to reform the bloc including pushing a “protective Europe” agenda to make it a shield against globalisation for the EU’s 500 million citizens. He also wants greater integration through the creation of a common eurozone finance minister and budget. Previous winners of the International Charlemagne Prize of Aachen, awarded yearly since 1950 by the western city of Bad Aachen (Aix-la-Chapelle), where Charlemagne is buried, include German Chancellor Dr. Angela Merkel, former French president François Mitterrand, Jean-Claude Juncker, Queen Beatrix of the Netherlands or Prof. Herman Van Rompuy.  For further information: http://www.karlspreis.de/en/ Statement of NRW Premier Armin Laschet on the award for President Macron: https://www.land.nrw/de/pressemitteilung/ministerpraesident-armin-laschet-gratuliert-dem-karlspreistraeger-2018-emmanuel French Embassy to Germany (HE Ambassador Anne-Marie Descôtes): https://de.ambafrance.org/-Francais-