By Professor Lyal S. Sunga. The United Nations Security Council is responsible for determining the existence of any threat to or breach of the peace or act of aggression and for taking measures to restore international peace and security (under articles 39, 41 and 42 in Chapter VII of the Charter). Whereas the General Assembly can only recommend rather than compel action, the Council can invoke Chapter VII and adopt a resolution binding on all member States to address the situation, even using military force if necessary to restore peace and security. Where UN collective security fails, we see the tragedies of Syria, Iraq, Yemen, Afghanistan and other unresolved armed conflicts. It is well known that no draft Council decision, except those on purely procedural matters, can be adopted without nine affirmative Council votes including the concurring votes of the permanent members, which means in practice either an affirmative or an abstaining vote. This allows China, France, Russia, the UK and US to block any Council draft resolution, even if all other 14 Council members vote for example to deploy UN peacekeepers to a troubled zone to keep belligerents apart and enforce peace. Including veto privileges for permanent Council members in the Charter was intended in 1945 to ensure that UN coercive action could be taken only where all 5 major powers agreed. It would also make collective security action, based on the an attack against one is an attack against all principle, more effective, by ensuring that big powers did not line up on opposite sides of a conflict, escalating tensions, perhaps even risking nuclear war. In practice however, permanent Council members frequently use their veto powers in ways that prioritize their political and strategic interests over international peace and security and that can let armed conflicts and all the human misery associated with them continue. Since 1945, vetoes were used to block draft Council decisions for example to: address the Palestine question; condemn the USSR’s 1956 invasion of Hungary; impose a cease-fire between Egypt and Israel (Suez, 1956); demilitarize Jammu and Kashmir; condemn Southern Rhodesia’s racist regime; admit Vietnam as a UN member; denounce apartheid; expel South Africa from Namibia; denounce the US invasion of Grenada; and denounce the Soviet Union’s invasion of Afghanistan. The Council failed to stop the Khmer Rouge from wiping out millions in Cambodia from 1975-1979, or to prevent extremist Hutu militia from massacring between a half million and one million Rwandans in 1994, and there are more recent examples. Since the Syrian civil war broke out in March 2011, four Council draft resolutions to negotiate peace, condemn the violence and refer the situation to the International Criminal Court, were vetoed – the death toll is now climbing to 400 thousand. Reforming the UN, a process initiated in 1992, and revamping the Council from anachronistic, hamstrung and ineffectual, to representative, responsible and responsive, are admittedly no easy tasks. Charter amendment requires a two-thirds majority of the 193 member States including all permanent members. Agreement will have to be reached upon: altering veto privileges (which some current permanent members strongly oppose); making regional representation more equitable; improving Council working methods; and optimizing the relationship among the Security Council, General Assembly and the UN Peacebuilding Commission. The Razali Formula (1997) favours expanding permanent Council membership, but without extending veto powers to new members. Kofi Annan’s Plans A and B (2004) leave veto powers and current permanent membership intact, increase only the Council’s non-permanent membership, and tinker with the length of non-permanent member terms. Brazil, Germany, India, Japan, South Africa and Nigeria among others, insist on becoming permanent members, while certain others put themselves forward. The complex variety of proposals, shifting member State support for them, and challenges of reaching agreement, seem to cry out for reforming the UN reform process itself! Yet protecting human security is everyone’s business since anyone anywhere can fall victim to war or other breach of the peace. As the race for new Secretary-General warms up, thankfully, certain candidates have been emphasizing UN reform as a priority concern. In our interdependent world, United Nations reform is needed urgently for the sake of our human security.

* * * * * Lyal S. Sunga has conducted monitoring, investigation, reporting, technical cooperation, education and training in some 55 countries over the last 25 years in human rights, humanitarian law and international criminal law. He is Head of the Rule of Law program at the Hague Institute for Global Justice in The Netherlands, and Visiting Professor at the Raoul Wallenberg Institute for Human Rights and Humanitarian Law in Lund, Sweden  

By Barend ter Haar. Mankind is confronted by many threats and challenges. Some of them are very visible and therefore get a lot of attention, with the risk of an overreaction. At the other end of the spectrum are dangers that, although very real, are difficult to see and therefore often neglected. Illiteracy may be the prime example of a widespread and very serious threat that is easily overlooked. Take for example the Netherlands. “Only” around 250.000 Dutch adults, that is about 1.7% of the adult population, is completely illiterate, but the number of people that is functionally illiterate is ten times higher. If you are able to write your own name and to read signs like IN and SALE you are not completely illiterate, but in order to participate fully in a modern society much more is needed, such as reading communications from your employer, filling in tax forms, understanding leaflets for medications, etc. etc. Two and a half million Dutchmen, about 17 % of the adult population, are not able to fulfill such tasks and are therefore hindered from participating fully in society[1]. Functional illiteracy is an enormous problem, but it is almost invisible because the people concerned usually feel ashamed about it and try to hide their inability. As a result one can easily get the impression that in the Netherlands illiteracy is non-existent, or only of marginal significance. Governments are usually not eager to make their failures visible. That is why international organizations can play an essential role by monitoring the situation in countries and by publishing relevant facts and figures. One might expect that UNESCO, as the global organization for education, would therefore confront Dutch citizens and their government with the harsh realities of illiteracy. However, the contrary is the case. When one looks for literacy figures in its publications, such as the UNESCO eAtlas of Literacy[2], one finds literacy figures of almost every country in the world, except for the Netherlands and most other OECD countries. Rather than making clear that illiteracy is a global problem, these publications (and the reports of World Bank and UNICEF that are based on UNESCO statistics) give the false impression that illiteracy is only a problem for so-called “developing” countries and not for “developed” countries such as the Netherlands. As former UN Secretary-General Kofi Annan said: “Literacy is a bridge from misery to hope. It is a tool for daily life in modern society. […] [It is] the road to human progress and the means through which every man, woman, and child can realize his or her full potential.” This is true for all people, no matter whether they live in rich or in poor countries. [1] See the report of the Court of Audit: http://www.courtofaudit.nl/english/Latest_News/All_newsitems/2016/04/Adults_with_literacy_and_numeracy_difficulties_gap_between_problem_and_government_policy [2] http://tellmaps.com/uis/literacy/#!/profile/WORLD/NLD  

 By Christopher Schlaeffer, Chief Digital Officer, VimpelCom Ltd. The fourth industrial revolution we are witnessing today is all about digital. It is having a profound impact on people, economies and our society at large. The internet waits for no one and is transforming industry after industry. It’s doing this at a pace that is ever accelerating and not just in the industrialized markets of the world. The mobile industry has changed faster than any other in history. Voice is in decline. Data is the rising star. It means that people use and consume information differently. Today, about 30% of the world’s population has a smartphone. People can overcome geographical barriers, do business, learn, and access an infinite amount of interactive content. As a leading international communications and technology company, VimpelCom is experiencing this revolution first hand, in all markets of operations. The digital revolution is a great source of opportunity to leapfrog development. According to a report published by Deloitte for GSMA, enhanced data usage via mobile enabled by 3G and 4G connection can in turn lead to an increase in a country’s economic growth of up to 1.5%.[1] One of the needs is therefore to bring digital services and opportunities directly in the hands of the unconnected, those who do not yet have access to the internet – focusing on mobile data, applications, and a simplified and more accessible digital customer experience. This objective is clearly articulated in the recently adopted 17 UN Sustainable Development Goals. One of the goals focuses on building resilient infrastructure, promoting sustainable industrialization and fostering innovation. A key aim is to provide universal and affordable access to information and communication technology (ICT) by 2020 to the 4 billion people in the world who are still unconnected. This is why we are thinking differently about telecommunications and reinventing our business to focus on digital access, adapted services and innovation that meet local needs. An important focus for us is to bring together the best experts in this field to innovate around the globe, working with dynamic technology ecosystems in key digital hubs like Amsterdam, Milan, London, as well as cities such as Moscow and Islamabad. A second area of focus is investing in entrepreneurship, innovation and youth in local markets to ensure that digital tools and solutions are fully adapted to local needs, culture and habits. The innovation comes potentially from hundreds of small, digital start-up businesses providing content and solutions for local population through tools such as mobile financial services, mHealth, mAgriculture, to name just a few. The new wave of digital services will contribute to new opportunities for countries and populations, with an impact on prosperity, education, health, productivity, and empowerment. We are working to unlock as many of these opportunities as we can for our customers as they navigate the digital world, in partnership with local ecosystems, governments and entrepreneurs.     [1] http://www.gsma.com/publicpolicy/wp-content/uploads/2012/11/gsma-deloitte-impact-mobile-telephony-economic-growth.pdf  

By Motoo Noguchi, Chair of the Board of Directors, The Trust Fund for Victims at the International Criminal Court. His Grace Archbishop Emeritus Desmond Tutu, a member of the first Board of Directors of the Trust Fund for Victims (TFV) at the International Criminal Court (ICC) said, “We want to recognize those who over the several years have been the faceless ones, the anonymous ones, the ones who have been side-passed, and so in that process, help to heal trauma, help to heal wounded communities, help to make whole what was broken.” His ambition is now reflected in the main strategic goal of the TFV Strategic Plan 2014-2017: victims and their families overcome harm, lead a dignified life, and contribute towards reconciliation and peace-building within their communities. Since my article to this magazine in June 2014, the TFV has made steady and substantial progress as the ICC Rome Statute’s primary vehicle for providing redress to victims of the most serious international crimes. Under its assistance mandate, the TFV assisted, during the period of October 2014 to June 2015,059,695 direct beneficiaries and 126,703 indirect beneficiaries in northern Uganda and eastern Democratic Republic of the Congo. In their most recent annual meeting in April 2016, the Board of Directors reiterated its ambition to extend the provision of assistance to victims to more ICC situation countries.   Assistance programmes provide three categories of support to victims, namely, physical rehabilitation, psychological rehabilitation, and material support. Physical rehabilitation consists primarily of referrals of individuals in need of medical care to other service providers for cases requiring orthopedic or plastic surgery, fitting of prostheses, treatment of wounds or infections, fistula treatment and other types of care. In Uganda, one of TFV implementing partners produces prostheses and orthotics devices and fits them to beneficiaries in need and conduct outreach visits to assess utilization and improvement of those with devices. Psychological rehabilitation involves the management of psychological and mental health of victims who have suffered serious psychological trauma and/or personality disorders. At the family and community level, its goal is to reduce stigmatization of victims, and to promote a greater sense of trust, shared responsibility, and peaceful coexistence among community members. Material support aims at improving the economic status of victims through education, economic development activities, creation of employment opportunities, and savings and lending groups using a Mutuelle de Solidarite (MUSO) model. The target beneficiaries include: victims of sexual and gender-based violence (SGBV); widows/widowers; former child soldiers/abducted youth; orphans and vulnerable children; victims who suffered a physical injury and/or who were psychologically traumatized by violence; and family and other victims. The TFV’s programmes adopt one or more of these three categories of assistance depending on the needs of victims and availability of services.

As for its reparations mandate of implementing the Court-ordered reparations awards against a convicted person, the TFV has continued to actively engage in the ICC’s judicial proceedings to establish legal and operational mechanisms for providing meaningful redress to victims. The ICC’s Appeals Chamber issued principles on reparations and order for reparations against Mr. Lubanga in March 2015 for the first time in the ICC’s history, and concrete reparations programmes and their operational mechanism are currently being developed before a Trial Chamber. As Mr Lubanga is deemed indigent, the TFV Board of Directors suggests exercising its discretionary power to complement one million Euros to reparations programmes.  The crimes committed were enlisting and conscripting children under the age of 15 in eastern DRC from 2002-2003, and the number of potential direct beneficiaries (former child soldiers) is roughly estimated at 3,000. However, recent efforts to contact those who have participated in the criminal proceedings demonstrate the degree of difficulties lying ahead, in particular in identifying those who have never contacted the Court and whose present whereabouts are unknown. The TFV is the first of its kind in the history of international criminal justice and its mandates are highly challenging. For it to accomplish its mandates successfully, it requires even stronger moral, political and financial support from the States Parties and the international community. All of the TFV’s programmes are financed through voluntary contributions and private donations. The new Board elected in November 2015 is fully aware of the need to further strengthen the TFV’s resource base. On behalf of the Board, I would like to cordially request you to join us in helping victims regain their dignity, life and hope.        

By Jhr. mr. Alexander W. Beelaerts van Blokland LL.M, Justice (Judge) in the (Dutch) Court of Appeal and since 2004 (honorary) Special Advisor International Affairs, appointed by the Municipality of The Hague. The Hague is not only ‘the legal capital of the world’, but also ‘the international centre of justice and peace’. That means that not only important organizations which are active to make the world more peaceful like OPCW are based in The Hague, but also military organizations, like the well known NATO Communications and Information Agency (NCI Agency) in the dunes of The Hague, close to the new building of the International Criminal Court (ICC) at the Oude Waalsdorperweg. Half military, half civilian and new in The Hague is the CCOE: Civil-Military Cooperation (CIMIC) Centre of Excellence at Brasserskade 227A, formerly based in Enschede in the east of The Netherlands. The CIMIC Centre of Excellence is a multi-nationally sponsored, NATO accredited, training and research institution. It is dedicated to the proper development and application of Civil-Military Cooperation (CIMIC) in complex crisis situations. It provides subject matter expertise on CIMIC for both civilian and military customers. The primary focus is in conceptional and doctrinal development and lessons learned, along with enhanced training and education for NATO personnel and a multitude of international and civilian guests. Military operations have to cope with a multinational composition of forces and a variety of local and international civilian actors. Succesful facilitation through CIMIC equally supports the forces that enable a safe and secure environment and the needs of local authoroties, the UN Office for the Coordination of Humanitarian Affairs (UNOCHA) and Non Governmental Organizations (NGO’s). Qualified experts can bring the tools into action that are needed to manage an effective crisis response. One way to get those qualifications is through a thorough education. The City of The Hague extends a warm welcome to this CIMIC Centre of Excellence ! The author:   a.beelaerts@planet.nl