ICTY Legacy Dialogues: From the Tribunal to the Classroom

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As part of the ICTY Legacy Dialogues series, the Tribunal’s Outreach Programme yesterday held a public discussion entitled From the Tribunal to the Classroom at the Museon in The Hague, in co-operation with the European Association of History Teachers (EUROCLIO). The aim of the event was to facilitate a discussion of the ways in which the Tribunal’s legacy could be used in educational settings. Its target audience was educational professionals who are faced with the challenges of teaching students about the recent violent history of the former Yugoslavia. The Tribunal Registrar John Hocking opened the event. Addressing the visiting teachers, he said: “When our doors are closed, yours will always be open, and will welcome hundreds, and hopefully thousands, more students year after year. You will be there to help them not to forget, not to re-write, and not to repeat. Where divisiveness grows, you will continue to sow inclusion, justice and tolerance.” The two panel discussions that followed revolved around the questions “Why should, and how can, the wars of the 1990s in the former Yugoslavia be addressed in history education?” During the first discussion, a panel composed of curricula specialists, formal education experts and textbook developers from the Balkans discussed the challenges and lessons learned in teaching the recent history of the region. The second panel, co-organised by the Dutch NGO PAX for Peace, focused on how the events in Srebrenica in July 1995 and the role of the Dutchbat have been addressed within Dutch history education, and the possibilities teachers have to integrate such issues within their lessons. This public discussion was part of a comprehensive multi-day workshop, the first two sessions taking place at the Tribunal on 28 and 29 January 2017. The workshop provided 30 history teachers and educational professionals from the countries of the former Yugoslavia a unique opportunity to discuss best practices in teaching the history of the 1990s conflicts and using the wealth of material contained in the ICTY archives. The Tribunal considers this project to be especially important because of its potential impact on a high number of students in the region, and is committed to continuing to pass on its know-how and information resources to teachers and other educational professionals. The ICTY Legacy Dialogues consist of a series of public events in 2016 and 2017 aimed at ensuring that the Tribunal’s contribution to accountability for international crimes will endure after its doors have closed, in particular by enabling others to build on the work and achievements of the Tribunal. The Outreach Programme benefits from the continuous support of the European Union and its work with young people is generously supported by the Finnish government.    

The Mechanism orders Turkey to release Judge Aydin Sefa Akay

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Judge Theodor Meron. Picture by un-mict. Arusha, The Hague, 31 January 2017 – The United Nations Mechanism for International Criminal Tribunals today ordered the Government of the Republic of Turkey to cease all legal proceedings against Judge Aydin Sefa Akay and to take all necessary measures to ensure his release from detention, no later than 14 February 2017, so that he can resume his judicial functions in the case of Prosecutor v. Augustin Ngirabatware. The order is binding on Turkey under United Nations Security Council Resolution 1966 (2010), which requires that all States comply with orders issued by the Mechanism. Judge Akay, a member of the Appeals Chamber Bench in the Ngirabatware case, was detained in Turkey, on or around 21 September 2016, in relation to allegations connected with the events of July 2016 directed against the constitutional order of Turkey.
Judge Aydin Sefa Akay, picture by the International Criminal Tribunal for Rwanda.
He has remained in detention since that time. In accordance with the Mechanism’s Statute – which was adopted by the United Nations Security Council with the support of the then Council member Turkey – the judges of the Mechanism enjoy privileges and immunities accorded to diplomatic envoys under international law when engaged on the business of the Mechanism, even while exercising their functions in their home country. The United Nations Secretary-General has formally asserted the diplomatic immunity of Judge Akay to the Turkish authorities and requested his immediate release and the cessation of all legal proceedings against him. The Order issued by Judge Theodor Meron, the Mechanism’s President and the Presiding Judge of the Ngirabatware case, underscored that “diplomatic immunity is a cornerstone of an independent international judiciary, as envisaged by the United Nations”. The Mechanism rejected the Prosecution’s proposal for the replacement of Judge Akay on the Ngirabatware case, stating that “to say Judge Akay can be replaced easily to facilitate the judicial process – at this initial stage and before other avenues have been exhausted – is to say we do not value judicial independence, value justice, value what is right.” According to the Order, replacing Judge Akay as a first rather than last measure “will have a chilling effect on the administration of justice” because it “would allow interference by a national authority in the conduct of a case and the exercise of judicial functions”. Augustin Ngirabatware, the former Rwandan Minister of Planning, was sentenced to 30 years of imprisonment for committing direct and public incitement to commit genocide and instigating and aiding and abetting genocide. On 8 July 2016, Ngirabatware filed a request for review of his convictions on the basis of new facts that he claims exonerate him. With Judge Akay’s detention, the proceedings in the case have come to a standstill. On 10 November 2016, Ngirabatware requested that an order be issued to the Government of the Republic of Turkey to cease its prosecution of Judge Akay so that he can resume his judicial functions. Despite being given several opportunities to be heard, both in writing and in person, the Government of the Republic of Turkey did not respond. The Order also denied Ngirabatware’s request for “temporary provisional release” that he sought in view of the alleged undue delay in the review proceedings caused by Judge Akay’s arrest and detention because such a decision requires a full bench of the Appeals Chamber.    

Reaffirming Spain’s support to the ICC

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From left to right: Deputy Prosecutor James Stewart, ICC President Judge Silvia FernĂĄndez de Gurmendi, H.E. Alfonso MarĂ­a Dastis, Spain’s Minister of Foreign Affairs and Cooperation, and Registrar Herman von Hebel at the seat of the Court in The Hague © ICC-CPI Minister of Foreign Affairs and Cooperation visits the ICC Today, 30 January 2017, Spain’s Minister of Foreign Affairs and Cooperation, H.E. Alfonso MarĂ­a Dastis, visited the seat of the International Criminal Court (ICC) in The Hague, the Netherlands. The Minister met with ICC President Judge Silvia FernĂĄndez de Gurmendi, Deputy Prosecutor James Stewart and Registrar Herman von Hebel. During the meeting, the Minister expressed the commitment of Spain towards the ICC and reaffirmed Spain’s support and cooperation in the framework of the Rome Statute. The ICC President thanked the Minister for Spain’s strong support and briefed him on the current work of the Court, underlining that 2016 had been a very productive year with three judgements involving seven accused and several landmark developments such as the first conviction for destruction of cultural property. She expressed the Court’s strong commitment to tackle challenges related to efficiency and effectiveness as well as the universality of the Rome Statute, emphasising that the active support of all States Parties is essential in this regard. Spain became a State Party to the Rome Statute of the International Criminal Court on 24 October 2000 when it ratified the treaty.    

ICC President addresses opening of European Court of Human Rights’ judicial year

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On 27 January 2017, Judge Silvia FernĂĄndez de Gurmendi, President of the International Criminal Court (ICC) participated as the guest speaker in a solemn ceremony marking the opening of the European Court of Human Rights’ judicial year in Strasbourg, France. In her speech, the President discussed the complementarities and convergences between international criminal justice and human rights law, elaborating on concrete examples of these interactions. “This solemn hearing provides us with a unique opportunity to engage in a dialogue to strengthen our mutual understanding and commitment to justice,” said ICC President Judge Silvia FernĂĄndez de Gurmendi. “Notwithstanding the differences between our courts, we share a common purpose: promoting the well-being of all by fostering the rule of law,” she emphasised. “Like us, you defend the same hard core of fundamental rights and, in particular, the right to life,” said Guido Raimondi, President of the European Court of Human Rights during the opening ceremony. “Like us, you accept the idea that it is necessary to create an international order based on human rights,” he added. Every year, the judicial year of the European Court of Human Rights is opened with a solemn hearing attended by numerous eminent figures from the European judicial community and with a seminar organised for the occasion. The European Court of Human Rights is an international court ruling on individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights. The ICC is a permanent, international criminal court established by the Rome Statute, a treaty to which 124 States are parties, to help end impunity for the perpetrators of the most serious crimes of concern to the international community, namely war crimes, crimes against humanity, and genocide. Statement by ICC President, Judge Silvia FernĂĄndez de Gurmendi at opening of European Court of Human Rights’ judicial year, 27 January 2017: “Complementarities and convergences between international criminal justice and human rights law”    

Business Circle Philharmonic Orchestra

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By Roy Lie A Tjam. The Business Club, affiliated to The Hague Philharmonic Orchestra or Residentie Orkest, held its first meeting for 2017 on Friday 6 January following a sublime concert that featured the Dutch diva, Karin Bloemen. Karin, who is arguably the diva of the Netherlands, is sometimes an exuberant and extroverted soul whereas sometimes she’s subdued and as delicate as a flower bud on the first day of spring. Karin Bloemen’s New Year’s concert, Sander Teepen conductor, Karim Bloemen song. In doing her number on stage, she rendered the following songs: ‘Both Sides now’ by Joni Mitchell, ‘Het Dorp’ by Jean Ferrat, ‘Playfull Pizzicato’ by Benjamin Britten, ‘Hungarian Dance no. 6’ by Johanne Brahms, and ‘Don’t stop me now’ by Freddie Mercury – to mention a few. Despite her long career as a famous singer and comedian, it was for the first time that she performed with the Residentie Orkest – a unique highlight that began the new year for her. After the concert, an Italian who attended the concert remarked, ‘I was completely ignorant of Karin Bloemen. I can confidently tell you now; she is gorgeous and definitely equals Barbara Streisand.’ Sponsors are as indispensable to the Residentie Orkest as in any other trade. The Business Circle of the Residentie Orkest presents unexpected experiences and connections. It is a network comprising executives, directors, and major shareholders of medium-to-large enterprises who meet regularly at concerts and events of the Residentie Orkest.
This evening The Hague was beautifully covered by snow; photographer Kim Vermaat.
The attractive artistic context and the extensive network administrators, politicians, expats, diplomats, and policymakers have business relationships with the orchestra – something that makes the environment conducive for networking.

African Ambassadors’ Dinner 2016

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By Roy Lie A Tjam. The annual African Ambassadors’ Dinner was held the headquarters of Rabobank in Utrecht on December 15, 2016. The event was co organized by the NABC, with several Ambassadors in attendance. Prior to the dinner, attendees engaged in a full day of networking with the Dutch private sector. The packed programme featured an Ambassadors’ matchmaking session and a strong line-up of guest speakers. They included Juriaan Ruys from LandLife; Mette Gongrijp from MFA, Mamadou TourĂ© from Ubuntu Capital, Maarten van Herpen from Philips, and Coert Beerman from Rabobank. A highlight of the day was when participants chose the winner of the 2016 Doing Business in Africa award, which went to Bosbouwbedrijf FORM International. NABC director Irene Visser presented the award to Paul Cave, the company’s CEO. FORM International is engaged in sustainable forestry in Ghana and Tanzania. In northern Ghana, the company manages 20 thousand hectares of land which has had to recover from deforestation. A reforestation project is now underway, implementing teak and various indigenous materials. H.E. Jean Pierre Karabaranga, Ambassador of Rwanda to the Netherlands, thanked the organizers for putting together such an excellent programme. The famous dinner was followed by a cocktail reception.

Consular Corps of Curaçao gets new board

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On the picture from left to right: Paul Pradin (Member), Margaret Hawthorne (Vice-Dean), Karel Frielink (Dean), Ivan Moreno Jr. (Treasurer) and Paul van de Laarschot (Secretary). D.r.p.d.: Sr. Paul Pradin (miembro), Sra. Margaret Hawthorne (visepresidente), Sr. Karel Frielink (presidente), Sr. Ivan Moreno jr. (tesorero) i Sr. Paul van de Laarschot (sekretario). Van links naar rechts: Paul Pradin (lid), Margaret Hawthorne (vice-voorzitter), Karel Frielink (voorzitter), Ivan Moreno jr. (penningmeester) en Paul van de Laarschot (secretaris).   A new Board of the Consular Corps of Curaçao was appointed at the recent annual general meeting. Karel Frielink, honorary consul of Germany, was appointed the new Dean. The other board members appointed were Margaret Hawthorne (U.S. Consul General) as Vice-Dean, Ivan Moreno Jr. (honorary consul of Belgium) as Treasurer, Paul van de Laarschot (honorary consul of Hungary) as Secretary and Paul Pradin (honorary consul of France) as Member. The Consular Corps of Curaçao represents 33 countries. Its members serve as consul general, vice-consul, or honorary consul. They assist citizens from the countries they represent visiting or living in Curaçao in some legal and consular matters. They also work to promote good relations between Curaçao and the country they represent. In his acceptance speech, the new Dean has called on the Curaçao government to take the necessary measures to ensure that the Directorate of Foreign Affairs will be fully staffed as soon as possible. Given the number and nature of consular matters, it is of the utmost importance that members of the Consular Corps can closely work together with the Curaçao Directorate of Foreign Affairs. The new Dean also stated that the Consular Corps of Curaçao will do whatever it can to support and facilitate the government of Curaçao in building and maintaining meaningful relationships with other countries. The Consular Corps will be more visible via social media, for instance through informing the public in Curaçao about consular matters.

The Hague International Network THIN Extraordinary Session

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On the picture Andrew van Esch (director The Hague International Network) Mr Han ten Broeke, Dutch MP for VVD (Liberal Conservatives), Mr Nikola Dimitrov, Distinguished Fellow at The Hague Institute for Global Justice (former Ambassador for FYRM Macedonia), Dr Gerben-Jan Gerbrandy, Dutch Member of the European Parliament for D66 (Social Liberals).   By Roy Lie A Tjam. The Hague International Network (THIN) concurrently held its first meeting for 2017 on Friday 20 January with the investiture of the President of the USA Mr. Donald John Trump. The attendees of the event were able to follow the investiture ceremony live on gigantic screens.
Dr Gerben-Jan Gerbrandy, Dutch MEP for D66.
This event that was intended to analyse the investiture was graced by the presence of many illustrious individuals. Some Ambassadors and Diplomats joined the unique gathering in addition to members of the international community. After watching the ceremony, a panel of experts unpacked the proceedings.
Mr Nikola Dimitrov, Distinguished Fellow at The Hague Institute for
Global Justice.
Among them were:
  • Andrew van Esh (Director at THIN)
  • Han ten Broeke, the Dutch MP for VVD and spokesperson on Foreign Affairs. Over and above that, he also chairs the standing parliamentary commission for the Defence
  • Chris van Voorden, Director at Innovation Quarters who is also responsible for foreign investments
  • Gerben-Jan Gerbrandy, Dutch Member of the European Parliament for D66 who is also a specialist on environmental issues and climate change, and
  • Nikola Dimitrov, Distinguished Fellow of The Hague Institute for Global Security as well as a former Ambassador of Macedonia in Washington and the Netherlands.
Italian Ambassador, H.E. Mr Andrea Perugini and his wife.
The panel commented on the ceremony and foretold what the Trump administration will mean for Europe and the Netherlands in particular. The fabulous THIN meeting and screening took place at Brasserie Mondano of the World Trade Centre in The Hague.
A cross section of the public.
Photography by the Word Trade Center, The Hague.  

North American foreign chiefs appointed

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On the picture Luis Videgaray, Secretary of Foreign Affairs. United Mexican States: On 4 January 2017, Mexican President Enrique Peña Nieto appointed Luis Videgaray Caso in the capacity as “Secretary of Foreign Affairs“. In his first allocution in the latter position, he said about his policy, “Mexico would pursue a course of intelligence and dignity, opening the doors to dialogue”. Until late 2016 Videgaray Caso was Minister of Finance.
Chrystia Freeland, Canadian Minister of Foreign Affairs.
http://www.gob.mx/sre Dominion of Canada: On 10 January 2017, The Honourable Chrystia Freeland was appointed Minister of Foreign Affairs during a cabinet reshuffle in Justin Trudeau‘s administration. Prior to this office she held the ministerial post of Minister of International Trade, and was responsible for the trade agreement with the EU. http://www.dfait-maeci.gc.ca

Japanese delegation unveils artwork donation to ICC

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Japanese delegation unveils artwork donation to International Criminal Court H.E. Hiroshi Inomata, Ambassador Extraordinary and Plenipotentiary of Japan to the Netherlands, Ms. Naoko Saiki, Director-General, International Legal Affairs, Ministry of Foreign Affairs of Japan, Judge Silvia FernĂĄndez de Gurmendi, ICC President and Ms Fatou Bensouda, ICC Prosecutor unveiling the artwork (left); the “Peace and Justice Bell”(right) ©ICC-CPI On 23-24 January 2017, Ms. Naoko Saiki, Director-General, International Legal Affairs, Ministry of Foreign Affairs of Japan, visited the International Criminal Court (ICC) in The Hague, the Netherlands, and met with ICC President Judge Silvia FernĂĄndez de Gurmendi, ICC Prosecutor Fatou Bensouda, and ICC Registrar Herman von Hebel. On 24 January, Ms. Naoko Saiki and H.E. Hiroshi Inomata, Ambassador Extraordinary and Plenipotentiary of Japan to the Netherlands unveiled a new artwork donation to the ICC. The artwork, the “Peace and Justice Bell”, has been modelled on the Hiroshima Peace Bell, which was cast in 1967 by the late Mr Masahiko Katori (1899-1988), a renowned bronze artist and bell-caster in Japan. The Hiroshima Peace Bell has since served as a symbol of peace, rung once a year at the annual Peace Memorial Ceremony of Hiroshima. Ms. Saiki stated in her remarks at the ceremony that the donation of this artwork symbolizes Japan’s longstanding pursuit of peace and, at the same time, its dedication to upholding the Court’s resolution to guarantee lasting respect for and the enforcement of international justice. The “Peace and Justice Bell” thus epitomizes the goals, values and principles represented by the Court. Expressing the Court’s gratitude to the government of Japan for the donation, the ICC President said: “This thoughtful gift reminds us that the two ideals of peace and justice are interrelated and must go hand in hand. I am confident that the Peace and Justice Bell, placed at the Court’s Permanent Premises, will serve as an inspiration for reflection and commitment to the goals of the Rome Statute.” Since the move to its new permanent premises in December 2015, the ICC received artwork donations from the Governments of Slovenia, Tunisia, Korea and Liechtenstein, representing their cultural heritage as well as reflecting the mandate of the Court.