U.S. Chargé d’affaires Alan Meltzer received by Premier Cem Özdemir 

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U.S. Chargé d’affaires Alan Meltzer received by Premier Cem Özdemir 

18-19 May 2026, Stuttgart, Baden-Württemberg, Germany: U.S. Chargé d’affaires a.i. Alan D. Meltzer embarked on a trip of the federal state of Baden-Württemberg. The Chargé d’affaires was welcomed by the state’s premier Cem Özdemir in the framework of his visit to Stuttgart. The bilateral meeting was meant to enhance the already strong ties between the United States and Baden-Württemberg and Germany at large. 

The United States remains Germany’s most important export partner, while also serving as a key ally in science, research, and innovation. Against this backdrop, recent discussions addressed the impact of U.S. tariffs, which are placing a growing strain on companies on both sides of the Atlantic.

Baden-Württemberg’s long-standing partnership with California continues to play a central role in transatlantic cooperation. Built on shared ambitions in climate protection and a strong emphasis on innovation, research, and development, the partnership is set to expand further through new joint initiatives. The state also holds a prominent position within the network of German-American institutes: four of the twelve nationwide are located in Baden-Württemberg, underlining its importance in fostering transatlantic exchange.

Picture by Staatsministerium Baden-Württemberg.

Security policy was another key topic of the talks, particularly in light of potential U.S. troop reductions in Germany. The role of U.S. military presence in Baden-Württemberg remains significant. At the same time, there is broad agreement that Europe must strengthen its own contribution to collective defense.

A credible NATO deterrence toward Russia, combined with a more robust European security role, is seen as essential. Baden-Württemberg contributes to this effort through its military infrastructure and its strong defense industry.

Transatlantic relations with the United States remain of vital importance to Baden-Württemberg. The state is committed to maintaining and deepening this partnership, ensuring continued mutual benefit on both sides of the Atlantic.

For further information 
U.S. Embassy in Germany: https://de.usembassy.gov/charge-daffaires-visits-southwestern-germany/

Legion d’Honneur for Andorra’s Maria Ubach Font 

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Legion d’Honneur for Andorra’s Maria Ubach Font 

Thursday, 4 June 2026, Principality of Andorra: Minister (ret.) Maria Ubach Font was awarded the insignia of Knight of the Legion of Honour today at a ceremony held at the French Embassy in Andorra, in the presence of the Head of Government, Xavier Espot, several members of the executive, and numerous personalities from the diplomatic world.

With this distinction, presented by the French Ambassador to Andorra, Nicolas Eybalin, the French Republic recognises the long and outstanding diplomatic career of Maria Ubach, as well as her contribution to strengthening the relations of friendship and cooperation between Andorra and France.

Picture by Govern d’Andorra.

Maria Ubach is currently a diplomatic advisor in the Cabinet of the Head of Government. Previously, she served as Minister of Foreign Affairs from 2017 to 2023. Her diplomatic career began in 1998 at the Ministry of Foreign Affairs of Andorra, where she served as a diplomat until 2006. Subsequently, between 2006 and 2011, she held the position of Director of Multilateral Affairs and Cooperation, and between 2011 and July 2017, she served as Ambassador, posted to the French Republic and subsequently to the European Union and the Benelux countries. 

The Legion of Honour is the highest distinction awarded by the French Republic. It was created by Napoleon Bonaparte on 19 May 1802 to recognise eminent merits made in the service of the nation, both in a civil and military capacity.

The awarding of the insignia of Knight of the Legion of Honour to Maria Ubach highlights a first-class institutional career, marked by commitment to public service, diplomacy and the international projection of the Principality of Andorra.

For further information 

Government of the Principality of Andorra: https://www.govern.ad/ca/w/maria-ubach-rep-la-insignia-de-cavaller-de-la-legio-d-honor-de-la-republica-francesa

Contribution to Diplomat Magazine by Minister (ret.) Maria Ubach Font: https://diplomatmagazine.eu/2017/03/05/landorre-se-projette-dans-lavenir-avec-un-nouveau-modele-economique/

Chess Tournament For Diplomats In The Hague

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Chess Tournament For Diplomats In The Hague

“Let Friendship Prevail”

By Roy Lie Atjam

Organized by Diplomat Magazine and hosted at the cozy Leonardo Royal Hotel The Hague, these gatherings are a wonderful opportunity to build friendships among the diplomatic corps, international institutions, and the host country the  Netherlands.

On May 30, 2026, our fun tournament welcomed dozens of participants from various countries, reminding us all how sport can bring people together and foster cultural exchange. Chess, a delightful game that exercises the mind and sharpens decision-making skills, offers a friendly space for players to explore ideas, learn from their experiences, and make lasting connections. In a heartwarming move, the UN General Assembly celebrated chess by adopting Resolution 74/22 on December 12, 2019, thanks to Armenia’s initiative, and designated July 20 as International Chess Day.

Hong Li of the OPCW, in arms Uliks Doli from Kosovo, Felipe Ferreira Marques of Brazil and Henry Pierre Sarr of Senegal.

This year, we were thrilled to see players of all ages participating, including the remarkable seven-year-old Master Uliks Doli from Kosovo! Competitors came from far and wide, including Angola, Belarus, Brazil, Canada, Germany, Montenegro, the OPCW, Senegal, the USA, and the Netherlands.

After a series of exciting matches showcasing impressive tactical skills and strategic thinking, Felipe Ferreira Marques of Brazil emerged as the champion of the 5th Diplomat Chess Tournament in The Hague. Henry Pierre Sarr of Senegal secured second place, while Hong Li of the OPCW claimed third position.

Mr. Aliaksandr Makrahin, Counsellor from the Embassy of Belarus and H.E. Mr. Milisav Raspopovic, Ambassador of Montenegro. Diplomat Magazine’s V Chess Tournament edition 2026.

Diplomat Magazine also took the opportunity to bid farewell to two outstanding players and longtime participants, Felipe Ferreira Marques and Henry Pierre Sarr, who will be leaving The Hague later this year at the conclusion of their diplomatic assignments in the Netherlands.

“Over the years, both diplomats have achieved notable results in previous editions of the tournament and have become familiar faces within the chess community.

The winner Felipe Ferreira Marques of Brazil .

Their friendship, which began shortly after they arrived in The Hague, grew through their shared passion for chess. Four years ago, they met during a Diplomat Magazine Chess Tournament and quickly became close friends. Since then, they have met regularly at diplomatic events and for friendly chess matches.

Their story perfectly illustrates one of the core objectives of Diplomat Magazine’s events: creating meaningful connections among diplomats and encouraging friendships that continue beyond official duties, bringing people together across cultures and nationalities.” Said Dr Mayelinne De Lara, Diplomat Magazine’s Publisher.

Diplomat Magazine’s V Chess Tournament edition 2026.

The atmosphere during the tournament was filled with joy and relaxation, offering everyone a delightful break from the hustle and bustle of daily life.

Dr. De Lara, proudly presented the trophies to the well-deserved winners, celebrating not just their achievements, but also the spirit of friendship and cooperation that we all cherish.

Some diplomats participating in the Diplomat Magazine’s V Chess Tournament edition 2026.

Personnel: Are you allowed to dismiss a drunken employee?

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Personnel: Are you allowed to dismiss a drunken employee?

What shall we do with the drunken employee? Sack him? That isn’t always allowed. Alcohol abuse may be the result of an addiction and in that case the prohibition on termination during illness may apply. What do employers have to take into account when dismissing an employee due to alcohol consumption?

By Jan Dop

In the event of an incident at work involving alcohol consumption, employers have several options. First, they can choose to request the subdistrict court to terminate the employment contract, for instance, on the basis of imputable acts of the employee, a disturbed employment relationship, inadequate performance or the remaining ground. Second, the employer can dismiss the employee with immediate effect. In that case there must be an urgent cause for dismissal. When is that the case? How does the court assess this and what facts and circumstances will be weighed against each other?

Dismissal with immediate effect

In dismissal cases involving alcohol consumption of an employee, the following circumstances are relevant for the assessment of whether or not there is an urgent cause:

  • Does the employer have a clear and consistent alcohol policy (or, more broadly, an alcohol, drugs and medication policy, or ADM policy) that is known to employees? Does the corporate culture permit drinking, or does the employer have a zero-tolerance policy? Another factor is whether employees are asked or encouraged to report alcohol addiction, and whether appropriate provisions have been made for this. These could include appointing an internal confidential advisor and/or offering (preventive) consultation hours with the company doctor at work.
  • Does the employee have an exemplary role? (The drunken district manager of a bank who rode on his bike naked could not stay in service any longer, just like the purser who set the wrong example for the stewardesses during her flight.)
  • What kind of work does the employee perform? (The bus conductor who drank shortly before starting work was rightly dismissed.)
  • Were there any warnings given before?

Prohibition of termination in the event of alcoholism

Another question that has to be raised is whether it concerns an incident at work involving alcohol consumption or alcoholism. Alcoholism is considered to be an illness, and in the case of illness a prohibition of termination applies. Only if an employee has been ill for two consecutive years this prohibition of termination does not apply any more.

The prohibition on termination during illness does not apply if the request for termination is unrelated to the illness or if the employment contract must be terminated in the interests of the employee. In practice, it is difficult to prove that there is no connection between the request for termination and the illness. Furthermore, it is difficult to determine alcohol consumption, as the employer is not permitted to conduct alcohol or drug tests without justification. In case of repeated relapsing, which occurs a lot, the employer may be confronted with an employee who is ill for more than two years but not consecutively and, as a consequence, cannot be dismissed.

How does the court rule? Imputable acts of the drunken employee

An alcoholic cleaner failed to fulfil his reintegration obligations, whereupon the employer claimed that this constituted culpable conduct. The employer therefore requested the subdistrict court to terminate the employment contract. The court rejected this request. Failure to comply with reintegration obligations is consistent with the clinical picture of addiction. The employee had therefore not acted culpably. 

Disturbed employment relationship

The Employee Insurance Agency requested the subdistrict court to terminate the employment contract of one of its medical advisers addicted to alcohol as it considered the working relationship to be impaired. The subdistrict court dismissed this request as the request was related to his illness and would therefore be subject to prohibition of termination. Though the medical adviser had been ill for more than three years, he had not been unfit for work for two consecutive years so that the prohibition of termination was still effective. Another important factor was that the medical adviser cooperated in the treatment.

In another case, things did not turn out so well for the employee. A street lawyer (an expert in the field of addiction) was no longer addicted at the time of the request to terminate the employment contract. According to the judge, the employer could no longer be expected to have confidence in the employee, given the specific nature of his job and the vulnerability of the target group (homeless people). The court therefore granted the request. 

Inadequate performance

The employer of a lawyer with an alcohol addiction was dissatisfied with his performance. The court rejected the employer’s request for termination, referring to the prohibition on termination during illness. The employer was unable to substantiate that the employee had been performing poorly even before his alcohol addiction. Since the poor performance cannot be separated from the addiction, the court rejected the request on the grounds of poor performance. 

Other circumstances

In the above-mentioned case involving a lawyer with an alcohol addiction, the employer also invoked other circumstances that would justify termination of the employment contract, the so-called safety net provision or h-ground. The employee could relapse and, because he had not been honest about his alcohol problem, trust had been damaged. The court rejected this request because it only related to the employee’s illness. Therefore, a prohibition on termination applied.

In another case, an employee was less fortunate: he had lost his licence to work as a security guard after driving under the influence. This meant that his employment contract had become meaningless. According to the court, the employer’s request to terminate the employment contract was unrelated to the addiction. The prohibition on termination during illness therefore did not prevent termination.

Dismissal with immediate effect

A cleaner with a longstanding alcohol problem was not that lucky because her alcoholism led to incidents at work. Therefore, her dismissal with immediate effect was regarded as fair. Even after a warning she had turned up intoxicated at work. In addition, she had failed to follow adequate treatment for her addiction in time for which her employer had given her sufficient opportunity. However, the court ruled that she had not committed an imputable act and therefore she was entitled to transition compensation. An employee who is rightly dismissed with immediate effect may be entitled to transition compensation after all.

In another case, a municipal official was under the influence several times during working hours. After he appeared clearly drunk in an online meeting with citizens, the municipality ultimately dismissed him with immediate effect. The employer claimed to have been unaware of the alcohol addiction. The court took a different view. Precisely because the employee had repeatedly been under the influence during working hours, the municipality, as a good employer, should have seen reason to call in the company doctor (again). That examination could have clarified whether there was an underlying addiction. Because the employer had skipped that step, the court reversed the dismissal. 

Contact an employment lawyer

Would you like to know more about dismissal because of alcohol consumption and what you, as an employer, must take care of? Or do you have any other questions concerning employment law? Please contact the Embassy Desk of Russell Advocaten. We are dedicated to helping you! jan.dop@russell.nl +31 20 301 5555

Portuguese Food Festival at Leonardo Royal Hotel The Hague

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Portuguese Food Festival at Leonardo Royal Hotel The Hague

The Embassy of Portugal, the Portugal Tourism Office in the Netherlands, Leonardo Royal Hotel The Hague, and Diplomat Magazine are pleased to present an authentic Portuguese Food Festival during two exclusive dinner evenings on Thursday 11 June and Friday 12 June.

This special culinary experience will feature renowned guest Chef Rui Lima Santos, who will present a carefully curated menu showcasing some of Portugal’s most beloved dishes, paired with exceptional Portuguese wines.

Guests will have the opportunity to discover authentic flavors through specialties such as Bacalhau à Brás (Portugal’s iconic codfish dish), Octopus Salad with Onions and Cornbread, and the acclaimed Esporão Reserva Tinto, among other gastronomic delights.

According to H.E. Clara Nunes dos Santos, Ambassador of Portugal to the Netherlands, the festival forms part of Portugal’s efforts to promote and showcase the country, its gastronomy, and its rich cultural heritage. “It is part of promoting and publicizing Portugal and our rich Portuguese culture,” the Ambassador said.

Join us for an unforgettable evening celebrating Portuguese culture, hospitality, and cuisine in the company of diplomats, business leaders, members of the international community, and food enthusiasts.

The Portugal Food Festival is part of LEO’S International Flavors, a unique culinary concept in which complete menus are inspired by cuisines from around the world. For each edition, a chef selected by the participating embassy travels to The Hague and works alongside the Leonardo Royal Hotel culinary team for several days, sourcing ingredients and creating an authentic menu that reflects the traditions and flavors of their country.

During each Food Festival, the guest chef collaborates closely with Chef Sido de Brabander and the Leonardo Royal Hotel team to create a special dining experience filled with authentic flavors. The most successful dishes are then considered for inclusion on the hotel’s regular menu, allowing guests to continue enjoying these international culinary discoveries long after the festival has ended.

Reservations:

https://www.leosinternationalflavors.com/the-hague or by Phone: +31 070 352

5161

Zikaron BaSalon: Keeping Holocaust Remembrance Alive Through Personal Stories

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Zikaron BaSalon: Keeping Holocaust Remembrance Alive Through Personal Stories

The Ambassador of the State of Israel to the Netherlands, H.E. Mr. Zvi Aviram Vapni, hosted a Zikaron BaSalon commemoration at his residence, attended by ambassadors, members of parliament, representatives of various organizations, and friends of Israel who gathered to reflect on personal histories and collective memory.

Zikaron BaSalon, meaning “Remembrance in the Living Room,” was founded in Jerusalem in 2011 with the aim of creating a more intimate and meaningful form of Holocaust remembrance. By bringing Holocaust testimonies into homes and small gatherings, the initiative encourages open dialogue and personal engagement with history.

Ellen Roos Brucker and the ambassador of Israel to the Netherlands, H.E. Zvi Vapni.

The evening featured the testimony of Ellen Roos Brucker, daughter of Holocaust survivors, who shared the remarkable story of her parents’ survival during the Second World War. Separated during the Holocaust, they were reunited after liberation and went on to rebuild their lives and raise a family.

“In this dignified and intimate setting, we honour the memory of the victims of the Nazi regime and reaffirm our shared commitment to preserving their stories and passing them on to future generations,” Ambassador Vapni said.

Reflecting on the origins of the initiative, the Ambassador emphasized the need to find new ways of remembering the Holocaust as the number of living survivors continues to decline.

Ellen Roos Brucker

“This initiative began with a simple idea: how can we add another layer to Holocaust remembrance? Survivors are becoming fewer every year, and the Holocaust is moving further away in time. We must find new ways to keep these stories alive,” he noted.

The concept behind Zikaron BaSalon is to create an informal environment where participants can listen to survivors or their descendants, ask questions, view photographs, and engage in meaningful conversations about memory and history.

Since its establishment, the initiative has grown into a global movement. Today, more than two million people worldwide participate in Zikaron BaSalon events, held in private homes, community centres, educational institutions, and diplomatic missions.

Pictures and graphic souvenirs of Ellen Roos Brucker’s family.

Ambassador Vapni also highlighted the important role of the second generation in preserving Holocaust memory.

“Many survivors found it difficult to speak openly about their experiences. Their children grew up carrying the weight of stories that were often only partially told. As fewer survivors remain with us, the responsibility of remembrance increasingly rests with the next generations,” he said.

Ms. Brocker’s testimony offered a poignant example of that responsibility. Through her parents’ experiences and her own recollections, she demonstrated how personal stories continue to connect present and future generations with one of history’s darkest chapters.

The commemoration concluded with a shared commitment to ensuring that the lessons of the Holocaust remain relevant and that the memories of its victims and survivors continue to be preserved for generations to come.

Ambassador Shino Mitsuko received at the Bavarian State Chancellery

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Ambassador Shino Mitsuko received at the Bavarian State Chancellery

Tuesday, 19 May 2025, Munich, Free State of Bavaria, Germany: Minister of State, Dr. Florian Herrmann received the Ambassador of Japan, Shino Mitsuko, for talks at the State Chancellery. She was accompanied by the Nipponese General Consul in Bavaria, Bessho Kenichi. 

Minister of State Dr. Florian Herrmann: “Bavaria and Japan share a close partnership—economically, politically, and culturally. Around 8,400 Japanese nationals live in the Free State; 14 town twinning agreements and over 150 university partnerships bear witness to this strong spirit of cooperation. Together, we are shaping the future through close collaboration in the technology sector, as well as in science and research.”

Ambassador Shino was born on 24 July 1963 and has served as Japan’s Ambassador Extraordinary and Plenipotentiary to Germany since 22 November 2024, capping a diplomatic career spanning nearly four decades and three continents.

Dr. Florian Herrmann receives Ambassador Shino Mitsuko Picture by Bayerische Staatskanzlei.

A graduate of Hitotsubashi University, Shino joined Japan’s Ministry of Foreign Affairs (MOFA) in April 1987. Her early postings took her across Europe, beginning with a position as First Secretary at the Japanese Embassy in Germany in 2000, followed by a similar role in Poland in 2003, where she was promoted to Counsellor the following year. Returning to Tokyo in 2006, she took on responsibilities in economic diplomacy as Senior Coordinator in the Economic Partnership Division and Director of the APEC Division, before heading the ministry’s Human Rights and Humanitarian Affairs Division in 2008.

The next decade saw her rise through a series of senior diplomatic posts. She served at the Japanese Embassy in Italy, first as Counsellor from 2010 and then as Minister from 2013, before receiving her first ambassadorial appointment in 2014 as Japan’s Ambassador to Iceland. In 2016, she moved to Geneva as Ambassador to Japan’s Permanent Mission, and in 2018, returned to Tokyo as Deputy Press Secretary at MOFA.

Shino’s profile rose further in 2019, when she was named Assistant Minister and Director-General for Cultural Affairs, as well as Ambassador in charge of the Tokyo 2020 Olympic and Paralympic Games. In 2021, she became Chief of Protocol with ambassadorial rank, and in 2022, she was appointed Deputy Permanent Representative at Japan’s Permanent Mission to the United Nations, before taking up her current role in Berlin.

Ambassador Shino is fluent in Japanese, English, German, and French. She is married and has two children.

For further information 

Bavarian State Chancellery: https://www.bayern.de/buergerservice/mediathek/?kat=%5B3%2C2%5D&pagi=1&maxpagi=613&sb=Mitsuko+Shino&d1=Datum+von&d2=Datum+bis&filter_fotos=on&filter_videos=on#

Embassy of Japan in Germany: https://www.de.emb-japan.go.jp/itprtop_de/index.html

Consulate General of Japan in Bavaria: https://www.muenchen.de.emb-japan.go.jp/itpr_de/gk_grusswort.html

Philippines Secretary of Foreign Affairs Theresa Ma.Lazaro visits The Netherlands

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Philippines Secretary of Foreign Affairs Theresa Ma.Lazaro visits The Netherlands

By Roy Lie Atjam

The Embassy of the Philippines proudly hosted a “Meet and Greet Cocktail Reception” in celebration of H.E. Ma. Theresa P. Lazaro‘s visit, the Secretary of Foreign Affairs of the Philippines, on May 18. This historic occasion not only honored her visit but also marked the 75th anniversary of diplomatic relations between the Philippines and the Netherlands.

This visit is particularly significant, as it is the first official visit by a Philippine Secretary of Foreign Affairs to the Netherlands in 33 years—since Secretary Roberto Romulo’s visit in 1993. Secretary Lazaro engaged in important discussions with the Netherlands Foreign Minister, Mr. Tom Berendsen, at the distinguished Johan de Witt House, dating back to 1655, in The Hague. Both Ministers pledged to enhance the regularity of high-level political and economic exchanges, specifically through bilateral consultations.

ASEAN They discussed key topics such as technology, transnational crime, and other vital issues that will fortify cooperation. Their commitment to deepen collaboration on water management and bolster supply chain resilience promises substantial benefits for both nations. A wide range of subjects was thoroughly discussed, paving the way for a brighter future together.

Ambassador Malaya and Philippines Embassy staff with Minister Ma. Theresa P. Lazaro.
H.E. Mr. Eduardo Malaya, Ambassador of the Philippines to the Netherlands presenting a souvenir to the Minister of Foreign Affairs of the Philippines, H.E. Ma. Theresa P. Lazaro.

The discussions featured the Ambassador of the Philippines in the Netherlands, H.E. Mr. Eduardo Malaya, along with various stakeholders. With the Philippines assuming the chairmanship of ASEAN this year, both parties recognized the Netherlands’ proactive involvement in ASEAN initiatives.

In addition, the two Ministers seized the opportunity to address the global ramifications of security challenges emerging in Europe, the Middle East, and the Indo-Pacific. Following the constructive dialogue, a joint statement was released, underscoring their shared commitments.

H.E. Mr. Eduardo Malaya, Ambassador of the Philippines.

In his welcoming remarks, Ambassador Malaya expressed his enthusiasm: “It’s an honor to welcome everyone to the Embassy of the Philippines for this special reception honoring the Secretary of Foreign Affairs, H.E. Ma. Theresa P. Lazaro. It’s a significant moment for any ambassador to host a head of state or Foreign Minister. Moreover, we gather to celebrate the remarkable 75th anniversary of diplomatic relations between the Philippines and the Netherlands.”

The Ambassador went on to say, “this reception being the last engagement of the Secretary for this trip, I can say that the Visit has been highly successful, with the Secretary having had a substantive meeting with Foreign Minister Tom Berendsen, an important Joint Statement issued that sets out the strategic direction for cooperation, and a well-received address at a forum at the prestigious Clingendael Institute, among others. Our reception tonight nicely caps off the Secretary’s highly productive day in The Hague. This is the cherry on top, so to speak.

H.E. Ma. Theresa P. Lazaro, Minister of Foreign Affairs of the Philippines during her speech at the embassy in The Hague.

Madame Secretary, the Embassy team and I wish to convey how truly grateful we are for taking time in your very busy – being also the Chair of the ASEAN Ministerial Meetings, among others– to visit the Netherlands.

If the Embassy team and I have been able to deliver in some ways in carrying out our mission.

it is because we have close collaborators and steadfast partners in undertaking our work.

A great part of our accomplishments, we owe to many of the people gathered here tonight.

Once again, welcome Madame Secretary and the delegation and our partners and friends in the business and Filipino communities. Together, let us continue working toward a future marked by greater prosperity and enduring partnership between the Philippines and the Netherlands.”

Mabuhay po kayong lahat! Thank you, dank u wel, maraming salamat.

The Secretary of Foreign Affairs, Ma. Theresa P. Lazaro, confidently addressed the gathering, expressing her deep admiration for the significant achievements made and underscoring the critical importance of her visit. Joining her were two other speakers joined her: former Dutch Ambassador Saskia de Lange and Ms. Jofelle Tesorio.  As a token of appreciation, the Embassy presented Secretary Ma. Theresa P. Lazaro with a personalized Delft blue tile that prominently features her official portrait. The event concluded with an engaging reception on the lawns of the chancellery, complete with cocktails, live music, and ample opportunities for productive networking.

Regulating the Unregulatable? Cyber Warfare Treaties and the Breakdown of Traditional Arms Control Logic 

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Regulating the Unregulatable? Cyber Warfare Treaties and the Breakdown of Traditional Arms Control Logic 

By Ayya Sheptukhina

The development of an international treaty regulating cyber warfare raises a fundamental challenge for international law: whether existing arms control models, particularly those governing nuclear weapons, can be adapted to cyberspace. Recent developments, including the adoption of a United Nations Convention against Cybercrime in 2024 and the establishment of a permanent UN cybersecurity mechanism in 2025, suggest increasing institutionalisation. However, these developments do not overcome the structural differences between nuclear and cyber domains. While nuclear arms control is built on material scarcity, state monopoly, and verification, cyber governance is shaped by intangibility, diffuse power, and persistent uncertainty. These differences fundamentally constrain the design and effectiveness of any cyber warfare treaty.

Nuclear arms control regimes are grounded in the materiality and scarcity of weapons. Nuclear weapons are finite, capital-intensive, and controlled by states, enabling legal frameworks focused on non-proliferation and disarmament. The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) remains the fundamental apparatus of this system (Aboul-Enein, 2017, p.3). Although the regime suffers from a legal gap due to the absence of binding timelines for disarmament (Aboul-Enein, 2017, pp.4–5), it has developed into an extensive treaty-based architecture (Finaud, 2020, pp.1–2). Yet its stability is increasingly fragile. Persistent divisions between nuclear-weapon states (NWS) and non-nuclear-weapon states (NNWS) continue to impede progress (Jaramillo, 2022, pp.2–3), and the expiration of the New START Treaty in February 2026 removed the last binding constraint on major nuclear arsenals (U.S. Department of State, 2026).

By contrast, cyberspace presents a fundamentally different regulatory object. Cyber capabilities are intangible, dual-use, and widely accessible, with low barriers to entry for both states and non-state actors. As Hughes (2010, pp.523–524) demonstrates, individuals and non-state groups can conduct disruptive operations at relatively low cost. These characteristics undermine traditional arms control logic: cyber capabilities cannot be meaningfully counted, limited, or eliminated. Regulation must therefore focus on conduct rather than capability.

The evolution of cyber governance reflects both progress and limitation. Mačák (2016, p.127) characterises the field as being in a state of “crisis,” marked by failed treaty-making, limited state practice, and reliance on non-binding norms. While this diagnosis remains analytically useful, recent developments complicate it. The United Nations Convention against Cybercrime, adopted in 2024 and opened for signature in 2025, represents the first global legally binding instrument in this domain (United Nations, 2024; United Nations, 2025a). The establishment of a permanent UN cybersecurity mechanism further signals a shift toward institutional continuity (United Nations, 2025b).

At the same time, there are emerging signs of gradual development in customary international law. Between 2024 and 2026, the international legal landscape matured as a growing number of states and regional bodies articulated formal positions on the application of international law in cyberspace. Notably, both the African Union and the European Union adopted common positions addressing sovereignty, due diligence, and state responsibility in the cyber domain (African Union, 2024; Council of the European Union, 2024).

Building on earlier frameworks developed by states such as the United Kingdom, France, and Canada, more recent contributions from countries including Austria, South Korea, and Thailand have expanded the geographical and legal diversity of state practice (Federal Ministry for European and International Affairs, 2024; Ministry of Foreign Affairs of the Republic of Korea, 2025; Ministry of Foreign Affairs of Thailand, 2025). While these statements do not yet amount to consensus, they contribute to a more representative global compendium of state practice, potentially supporting the gradual formation of customary norms. 

Nevertheless, these developments remain limited in scope. The cybercrime convention regulates criminal activity rather than state conduct in cyber warfare, leaving a gap in the regulation of cyber hostilities (Hughes, 2010, p.524). At the same time, states continue to avoid articulating fully convergent legal positions, constraining the crystallisation of customary law (Mačák, 2016, pp.130–131). Institutionalisation, therefore, does not necessarily produce legal clarity.

A defining specificity of cyber regulation is the problem of attribution, which has intensified with recent advances in artificial intelligence. Unlike nuclear activities, which can be monitored through physical verification mechanisms, cyber operations are inherently opaque. As Mačák notes, attribution is a central challenge for international law (Mačák, 2016, p.127). Recent threat assessments indicate that AI is increasingly used by both state and non-state actors to scale cyber operations and complicate adversary tracking (ENISA, 2025; Microsoft, 2025). The emergence of more autonomous, agentic AI systems further raises questions about responsibility where harmful outcomes may not be directly attributable to human intent (UNIDIR, 2026).

These developments reinforce a shift from deterministic to probabilistic attribution, where responsibility is inferred from patterns of behaviour, infrastructure, and effects rather than conclusively proven. This undermines legal frameworks that rely on establishing intent and complicates enforcement. At the same time, adaptive forms of malicious code further challenge static verification methods (ENISA, 2025). Together, these dynamics constrain the feasibility of treaty-based enforcement systems comparable to those in nuclear arms control.

The actor landscape further differentiates cyberspace. While nuclear regimes are state-centric, cyber operations involve a broad range of non-state actors, including corporations and decentralised groups (Mačák, 2016, p.127). Increasingly, private technology companies play a central role in attribution by providing technical analysis and threat intelligence, further diffusing authority away from states (Microsoft, 2025). This pluralisation of norm-making challenges the traditional state monopoly over international law and complicates treaty design.

Thus, cyber governance shows incremental progress, but any treaty remains distinct from nuclear arms control: diffuse, dual-use capabilities and uncertain attribution require regulating behaviour, not eliminating weapons. 

References:

Aboul-Enein, S. (2017) ‘Toward a non-nuclear world: The NPT regime – nuclear disarmament and the challenge of a WMDFZ in the Middle East’, International Journal of Nuclear Security, 3(1), Article 5. 

African Union (2024) Common African position on international law applicable to the use of information and communication technologies in cyberspace. Adopted by the 37th Ordinary Session of the AU Assembly.

Council of the European Union (2024) Council conclusions on a common understanding of the application of international law to cyberspace. 14755/24.

ENISA (2025) ENISA threat landscape 2025. Athens: European Union Agency for Cybersecurity. Available at: https://www.enisa.europa.eu/publications/enisa-threat-landscape-2025 (Accessed: 1 May 2026).

Federal Ministry for European and International Affairs (2024) Austria’s position on international law in cyberspace. Vienna: Republic of Austria.

Finaud, M. (2020) Multilateralism and arms control: The end of an era? Geneva: Geneva Centre for Security Policy.

Hughes, R. (2010) ‘A treaty for cyberspace’, International Affairs, 86(2), pp. 523–541.

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Uruguay Donates Symbolic Sculpture to the ICC

Diplomat Magazine
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Uruguay Donates Symbolic Sculpture to the ICC

“The Totem of the Human Tribe” Unveiled at ICC Headquarters in The Hague

On 22 May 2026, H.E. Mr. Álvaro Enrique González Otero, Ambassador of Uruguay to the Netherlands, together with H.E. Ms. Tomoko Akane, President of the International Criminal Court (ICC), unveiled the sculpture “El Tótem de la Tribu Humana” (The Totem of the Human Tribe) at the ICC headquarters in The Hague, the Netherlands.

The monumental artwork, created by renowned Uruguayan artist Roberto Vivo and donated by the Government of Uruguay to the ICC, stands as a powerful symbol of fraternity, diversity, and international justice. Previously exhibited at the Venice International Art Biennale, the sculpture invites reflection on humanity’s shared pursuit of peace and coexistence.

The unveiling ceremony was attended by Roberto Vivo, who travelled to The Hague to personally present his magnificent oeuvre, alongside a distinguished gathering of ambassadors, heads of mission, judges, art collectors, and distinguish friends of Uruguay.

The unveiling ceremony was attended by a distinguished gathering of ambassadors, heads of mission, judges, art collectors, and distinguish friends of Uruguay.

Among the notable guests were H.E. Sahar Ghanem, Dean of the Diplomatic Corps; H.E. Graciela Gatti Santana, President of United Nations International Residual Mechanism for Criminal Tribunals; Luis Moreno Ocampo, first Prosecutor of the ICC; and Silvia Fernández de Gurmendi, former President of the ICC.

A special message from Yamandú Orsi, President of Uruguay, was read in person by ambassador González Otero during the ceremony.

In his message, President Orsi declared “The sculpture evokes the idea of a diverse humanity and embodies universal values such as dignity, peaceful coexistence, and respect among peoples. This donation is a source of national pride, and its installation within the premises of the Court amplifies a message of peace that is especially necessary at this delicate moment, when wars are multiplying and threatening the very foundations of the international order.”

Ambassador González Otero underscored the symbolic importance of installing the sculpture at the Court.

“If there is one place where this idea acquires concrete meaning, it is precisely here, at the International Criminal Court,” he said. “An institution that represents the collective effort of States to affirm that, beyond geographical, cultural, political and religious differences, there exist fundamental values that must be safeguarded through law and justice.”

H.E. Ms. Tomoko Akane, President of the International Criminal Court (ICC).

Reflecting on current global challenges, the Ambassador noted that the ICC remains a tangible expression of international commitment to justice and accountability. He recalled that the entry into force of the Rome Statute in 2002 marked a milestone in the development of international law, establishing a unique forum where States agree to uphold common legal principles in the belief that justice strengthens peace, stability, and international coexistence.

He further reaffirmed Uruguay’s longstanding commitment to international criminal law and to the fight against impunity, noting the country’s early support for the Rome Statute and its incorporation into Uruguay’s domestic legal framework through comprehensive legislation.

Ambassador expressed “Uruguay has historicaly demonstrated its vocation and commitment to international law, and the current Government continues to promote the strengthening of multilateralism. Uruguay’s role as a contributor to international and global public goods – such as the maintenance to international peace and security, the consolidation and development of international law through participation in norm-setting fora and international courts, support for disarmament, food, security, global health, and commitment to addressing climate change – has distinguished our country as a cooperative actor in advancing solutions to global challenges.”

“The presence of this work at the seat of the Court carries profound symbolic value. Its vary title – Human tribe Totem – evokes the idea of a shared humanity, diverse yet interconnected, united by common principles and by the conviction that human dignity must be universally protected”.

“The Totem of the Human Tribe” by Roberto Vivo at the ICC.

Roberto Vivo an internationally renowned sculptor, writer, and painter with a remarkable artistic trajectory developed primarily in the United States, Italy, and Uruguay; and author of the book War: A Crime Against Humanity, reflecting on the message conveyed through his work, stated: “Today we are unveiling this sculpture, which I call ‘The Totem of the Human Tribe.’”

“Those who enter the Totem of the Human Tribe connect with the earth and are able to gaze out in the four cardinal directions — a celebration of the diversity that the four points of the compass provide. And when they enter, I hear getting inside the sculpture and feel the connection with Mother Earth.”

H.E. Mr. Álvaro Enrique González Otero, Ambassador of Uruguay to the Netherlands.

“It encompasses discovering the positive value of variety. It embraces a preference for diversity over unanimity. This sculpture invites the public to become part of a novel global concept: Humanity.”

Vivo expressed: “Consensually creating global laws to protect the Human Tribe, and to put an end to wars — like the unspeakable human tragedies unfolding right now in Ukraine, Iraq, Syria, Israel, and the Gaza Strip, as well as in so many other places around the world.”

“In a nuclear age, war as a mechanism to manage conflict is obsolete. Worse still, nuclear war threatens to make the Human Tribe itself obsolete, rendering it subject to self-inflicted extinction. War begets revenge. Justice puts a stop to it. Justice is civilization. War is nihilist barbarism.”

Part of the attendees to the unveil ceremony at ICC.

Addressing the audience during the ceremony, Judge Akane highlighted the profound relevance of the artwork to the Court’s mission.

“The Human Tribe Totem is particularly fitting for the International Criminal Court because it speaks to our shared humanity,” she stated. “Its symbolism reminds us that the ICC was created not for the interests of any single nation or region, but for humanity as a whole.”

She continued by emphasizing the contemporary significance of the sculpture: “At a time when conflicts and human suffering continue to make headlines, this artwork serves as a powerful reminder of the importance of solidarity, accountability, and the rule of law. It reminds us that justice is not an abstract principle, but a responsibility shared by all nations and peoples.”

Since relocating to its permanent premises in December 2015, the ICC has received artistic donations from Australia, Belgium, Canada, Cyprus, Denmark, Japan, the Republic of Korea, Ireland, Liechtenstein, Mexico, the Netherlands, Portugal, Romania, Senegal, Slovenia, Tunisia, and now Uruguay.

The installation of The Totem of the Human Tribe adds another meaningful cultural landmark to the ICC headquarters, reinforcing the enduring connection between art, diplomacy, and the universal pursuit of justice.

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