By Ms Kathryne Bomberger, Director-General of the International Commission on Missing Persons.
The Commissioners of the International Commission on Missing Persons (ICMP) held their annual meeting in Stockholm on 1 June, a year after ICMP formally opened its new headquarters in The Hague, and two and a half years after ICMP was established as an International Organization in its own right under a treaty signed by the Netherlands, the United Kingdom, Sweden, Belgium and Luxembourg. In Stockholm, the Commissioners reviewed ICMPâs remarkable development over the last twelve months and examined key ways in which it can continue to coordinate the international effort to address the issue of missing persons.
On a practical level, ICMPâs headquarters at Koninginnegracht 12 are now fully operational. Our core team in The Hague is being expanded, and in the coming months we will bring remaining administrative functions to The Hague from Sarajevo (where ICMP’s headquarters were located from 1996 until 2015). We will also establish a new DNA laboratory here, working in close cooperation with Dutch agencies such as the Netherlands Forensic Institute and also with leading multinationals such as the Qiagen biotechnology company.
The demanding process of re-location has been made possible through the generous and support of the Dutch authorities, especially the Foreign Ministry and the City of The Hague. At the opening of ICMP’s headquarters on 7 July 2016, Foreign Minister Bert Koenders delivered a valuable and valued vote of confidence when he said that âas long as people go missing in this world, as a result of conflict, government repression, humanitarian crises, or other causes, ICMP will have a role to play. We are ready to work with you.â The Dutch authorities really have been with us all along the way, providing financial, diplomatic and practical support, and we certainly intend to honor our part of the bargain by making a constructive contribution to the diplomatic and scientific life of The Hague. From our headquarters here, we are coordinating programs throughout the world.
ICMP has benefited from long-term Dutch support for its program the Western Balkans, where ICMP spearheaded the effort that made it possible to account for more than 70 percent of those who went missing in the 1990s, including 7,000 of the 8,000 men and boys who went missing at Srebrenica in July 1995. Today, ICMP is helping its partners in the region to maintain the effort to account for 12,000 people who are still missing.
Between 2012 and 2014, ICMP operated a successful pilot program in Libya, before being forced to withdraw from the country because of renewed fighting. It has been active in Iraq since 2003 and is currently expanding its program there, training Iraqi experts in crime-scene management and DNA-led identification techniques throughout the country, including areas recently liberated from Daâesh. ICMP is also supporting associations of families of the missing and working with authorities throughout Iraq to develop a coordinated and law-based approach to the issue of missing persons.
In Colombia, ICMP was invited by the parties to the Peace Agreement to help the authorities establish a Search Unit that will coordinate the effort to account for more than 65,000 people who disappeared during five decades of conflict. ICMP has also conducted consultations with government authorities and civil society in Sri Lanka, now grappling with the challenge of accounting for tens of thousands of missing from the war that ended in 2009.
ICMP is launching a program to assist families from the Syrian conflict in finding their missing relatives. The aim is to establish a future system of locating and identifying those who have gone missing as a result of the conflict.
We are also working with government authorities and other organizations to establish a program that will make it possible to begin identifying the rising numbers of irregular migrants who have been drowned trying to cross the Mediterranean.
New projects will rely heavily on the knowledge base built over the last 20 years through our cross-cutting programs and will require extensive operational planning, thorough induction programs for new staff, and strategic support from donor and other countries in order to set in place office agreements and other legal and political arrangements that are needed.
ICMP is playing its leading role in addressing the global challenge of missing persons in the context of an emerging international consensus that this issue â like the issues of organized crime, people trafficking and drug smuggling â cuts across judicial and national jurisdictions and can only be tackled effectively by applying dedicated techniques as part of a coordinated multinational approach.
ICMPâs work is premised on the fact that missing persons can be found and that the rights of survivors â to truth, to justice, and to reparations â can likewise be met. This is validated through ICMPâs successful deployment of political, social and scientific strategies that have been honed over more than 20 years.
Today, from our headquarters in The Hague, ICMP is leading a global effort to mitigate human suffering and to help governments ensure that the issue of missing persons does not undermine efforts to consolidate peace and global security. We believe that our work will benefit immensely from our proximity to other international organizations and agencies in The Hague and that in turn we can contribute to their efforts through our expertise and experience.
On the picture is Mr Jan Dop, head of the Embassy Desk, and experienced lawyer and partner at Russell Advocaten.
The Embassy Desk of Russell Advocaten, a corporate full-service law firm in the Netherlands that is well-established within the diplomatic world, is hosting two seminars for Ambassadors and Embassy staff on Monday the 12th of June between 12:00 and 14:00 in Amsterdam. Two parallel sessions will focus on Employment Law (personnel handbook, illness, etc.) and Real Estate (government permits, environment, (sub)lease etc.). During these interactive sessions, practical legal questions and developments will be discussed. The aim of the event is to present relevant information in an easily accessible way.
The Employment Law session will mainly focus on the effect of a personnel handbook in preventing employment related legal issues. The Embassy Desk will discuss the importance of applying rules and instructions and the positive effects thereof. The Real Estate session will provide an introduction to Dutch Real Estate Law, with a focus on government permits and building restrictions for Embassies and their neighbours. The seminar will be preceded by a lunch. To learn more about the activities and services of the Embassy Desk, please click here.
If you are interested in attending the event (free of charge), please register at https://www.embassydesk.nl/seminar-12-june-2017/. See the seminar agenda here.
The South African Embassy in The Hague would like to congratulate Ziyanda Majozi who was nominated as the 2017 recipient of the prestigious Thami Mnyele Foundation Artist-in-Residence programme.
Ziyanda is a very ambitious young woman; mosaicist, artist and human rights activist who would like to make change through Art. She creates personal art that aims ta change how people see things.
Established in 1992, the Thami Mnyele Foundation has been running a unique three month artists- in-residence program for the past 20 years with the Residency being based in Amsterdam. The main objective of the Foundation is to enhance and promote cultural exchange between artists from Africa, the Netherlands with Amsterdam as the host city.
ziyanda Majozi @majozi_ziyanda
The Foundation is named in commemoration of the South African artist and former member of the ANC MEDU group, Thami Mnyele.
Thami Mnyele inspired Dutch artists to set up an artists-in-residence program, after a visit with the CASA cultural project in the Netherlands in the nineties. The first years the focus was only on artists from South Africa, however, since 1997 artists from all African countries could apply.
The Embassy would like to wish Ziyanda well during her stay in the Netherlands and would also like to commend the Thami Mnyele Foundation for its continued commitment to strengthening people to people relations and promoting young artistic talent from South Africa.
Issued by the South African Embassy.
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On the image: Converse takkies (2013) by Ziyanda Majozi.
By Barend ter Haar.
Until seven years ago, Dutch governments used to consist of 26 to 29 ministers: 14 to 16 full ministers and 10 to 14 state secretaries, that carry the title of minister when they are abroad.
Since 2010 this number has come down to 20. At first sight that might seem a welcome sign of frugality in times of austerity, but in reality it has harmed Dutch interests.
What national politicians tend to forget is that major decisions concerning the future of the Netherlands are at present usually taken outside the Netherlands and that ministers are needed as national representatives to influence these decisions as much as possible.
In former times the most important issues on the national agenda were domestic affairs. International conferences were a sideshow that could be left to the minister of Foreign Affairs, but this has changed dramatically. Domestic matters, such as public health, tensions in inner cities and the state of local nature and environment are nowadays strongly influenced by what happens abroad. Climate change, cyber security and migration are among a growing number of matters that cannot be effectively handled at the national level, but require intensive international cooperation, often in the form of ministerial conferences.
What every diplomat that has attended international conferences knows, is that the influence a country can exert depends on the formal level of its participation. In theory all heads of delegation are considered to be equal, but in practice a distinction is made between ministers and professional diplomats.
Take for example a UN conference that is attended by 120 of the 193 member states of the United Nations and let us assume that two states are represented by their president, seventy by a minister and the rest by professional diplomats. The two presidents will have the opportunity to speak at the beginning of the conference and will therefore be able to get their message across to all delegations. Most ministers will have the courtesy to listen to at least some of their colleagues, but when, at the end of the plenary meeting, it is the turn of the other high officials, most seats will be filled by young trainees.
What is even more important are the opportunities that ministers have for informal consultations during coffee breaks, lunches and dinners. Foreign ministers might be willing to listen to Dutch diplomats, but they will interpret the absence of a Dutch minister as a sign that the Netherlands takes the subject of a conference less seriously and will therefore tend to ignore the Dutch position.
By being absent at many conferences, Dutch ministers have left many opportunities to influence the international agenda unused. In order to safeguard Dutch values and interests a new Dutch government should make sure that it has sufficient ministers available to participate in international conferences at the appropriate level.
By Judge Theodor Meron, President of the Mechanism for International Criminal Tribunals.
The Mechanism for International Criminal Tribunals is an institution that finds itself, in many ways, at a critical juncture in the evolution of international criminal justice.
As the successor to the first international criminal courts of the modern eraâthe International Criminal Tribunals for Rwanda and for the former Yugoslaviaâthe Mechanism is responsible for carrying out key residual functions inherited from its predecessors, such as the protection of vulnerable witnesses and the enforcement of sentences of those convicted by the ICTR or the ICTY. It is, in many ways, the guardian of the important legacies of these two pioneering Tribunals in Arusha and The Hague, and the embodiment of the international communityâs abiding commitment to accountability and the rule of law, a commitment reflected in the establishment of the ICTR and the ICTY nearly a quarter century ago.
At the same time, the Mechanism is an active court in its own right, with two major appeal cases currently pending, a trial about to commence, and on-going proceedings related to requests for review and other relief. It must find a harmonized, one-institution approach to its operations spanning two continents, an approach that draws in an equitable manner on the traditions and practices of its predecessors while remaining capable of addressing the variable operational needs and constraints at its branches in Africa and Europe.
And it is very much at the vanguard of a new generation of institutions and initiatives aimed at harnessing innovations and identifying best practices with the goal of making international criminal justice more efficient, more cost-effective, and thereby more sustainable in the long-term. Indeed, thanks to the direction given to it by the UN Security Council to be small and efficient, the Mechanism is, in many ways, bound to question existing orthodoxies as to how international criminal courts can and should carry out their work and to seek out new, improved ways of accomplishing its workâso long as it does so without jeopardizing respect for the principle of normative continuity or the rights of those individuals for whom and to whom it is responsible.
The Mechanismâs Statute, for instance, provides for Judges to serve on a roster, to work only when needed and to carry out their functions remotely from their homes and offices in countries around the world unless they are called to one of the seats of the Mechanismâs branches. The Statute also provides for Judges to be paid by days of work (as is the case for the Judges ad hoc of the International Court of Justice), expands the competence of single Judges, and provides for certain matters to be addressed by three-Judge appeal panels. All of this reflects a new approach as compared to the ICTR and the ICTYâand is but one of myriad ways in which the Mechanism, as a matter of institutional design and through evolving practice, exemplifies an effort to address a chorus of criticisms of international criminal justice that has grown in recent years.
The rising tide of these criticismsâcriticisms of the cost of international criminal courtsâ operations and of the duration and selective nature of their proceedingsâraises serious concerns with which all of us who care about this still developing field must grapple. Indeed, if such criticisms are left unaddressed, we risk seeing the important advances made in the fight to end impunity over the past twenty-five years fall away. As a result, it is imperative that our approach to ensuring accountability for violations of international law continue to evolve, that we encourage creative thinking and learn from past mistakes, and that we share these lessons broadly so as to maximize their benefit.
But there is only so much that international courts like the Mechanism can achieve on their own. Our successâas an institution and as a model for a new kind of international courtâdepends to a great extent on the support of States. Such support can take many forms: sharing ideas and suggestions for innovation; collaborating on and supporting information-sharing activities; providing vital services as a Host State; ensuring the protection of witnesses; enforcing sentences of convicted individuals; cooperating with court orders; facilitating the relocation of individuals who were acquitted or released following service of sentence; and contributing to the on-going efforts to arrest the eight remaining fugitives indicted by the ICTR, three of whom are expected to be tried by the Mechanism.
The support and cooperation of States are all the more vital given the unique structure of the Mechanism, with its operations spanning two continents and its Judges working from countries around the world, as demonstrated by the deeply troubling situation involving Mechanism Judge Aydin Sefa Akay of Turkey. The arrest of Judge Akay in Turkey in September 2016, and his continued detention there notwithstanding the formal assertion of his diplomatic immunity by the United Nations and a judicial order directing his release, has serious implications not just for the Judge himself and for the Mechanism case to which he was assigned at the time of his arrest, but also for the Mechanismâs ability to carry out its core judicial functions in accordance with the remote-judging model established by the Security Council.
Moreover, for all that the Mechanism can and will achieve as it moves forward, it inevitably will remain just one small piece of a much larger puzzle. Alone, it can never address the deeply destructive problem of the selective application of the law. The only way for the fight to end impunity for international crimes to succeed in the long term, and for the problem of selectivityâwhich is anathema to the rule of lawâto be addressed, is for States to take action: to strengthen their own capacity to try cases involving international crimes; to contribute to the strengthening of that capacity in other States; to resist political manoeuvring aimed at shielding selected individuals from accountability; and to explore all possible avenues to ensure accountability, such as through regional courts. By taking such steps now, at this critical moment in the evolution of international justice, States will benefit from the momentum developed in the past twenty-five years in The Hague and elsewhereâand, together with the Mechanism, they will help to ensure that the ground-breaking advances made in accountability over the course of the last quarter century will benefit generations to come.
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The author: Judge and past President of the United Nations International Criminal Tribunal for the former Yugoslavia; former Judge of the United Nations International Criminal Tribunal for Rwanda; Charles L. Denison Professor Emeritus and Judicial Fellow, New York University School of Law; Visiting Professor, University of Oxford, since 2014.