His Majesty King Willem-Alexander of the Netherlands will officially open the permanent premises of the International Criminal Court (āICCā or āCourtā) during a ceremony hosted by the ICC President,Ā Judge Silvia FernĆ”ndez, and H.E. Mr Sidiki Kaba, President of the Assembly of States Parties. H.E. Mr Ban Ki-moon, Secretary-General of the United Nations, will also attend the event that will be held on Tuesday, 19 April 2016, from 15:00 to 16:30 (The Hague local time) at the seat of the Court in The Hague (Netherlands).
H.E. Mr Bert Koenders, Minister of Foreign Affairs of the Netherlands,Ā Mr Jozias van Aartsen, Mayor of the city of The Hague, as well as Mr Bill Pace, Convenor of the Coalition for the International Criminal Court, will speak at the event, which will be attended by over 350 guests, including representatives of States and other international tribunals and organisations, members of NGOs, representatives of the academia and media. Around 10 countries will be represented at the Ministerial level.
The ICC finalised its move into its new,Ā permanent premises on 14 December 2015. The Court required a functional purpose-built premises to effectively fulfil its mandate in the fight against impunity for perpetrators of genocide, crimes against humanity, war crimes and the crime of aggression. The design of the building reflects the transparency of the institution and its innovativeness.Ā It combines striking architecture with stringent security measures, while showcasing best practices in sustainability and respect for nature, within the natural dune landscape between The Hague and the North Sea.
The building complex consists of six towers that are connected on the ground and first floors and offer over 1,200 workplaces. The largest tower, the Court Tower, accommodates three courtrooms and the media center.
Since its opening on 1 July 2002, the ICC was temporarily located in two buildings on the other side of The Hague. In December 2007, the Assembly of States Parties decided that the ICC should be provided with newly built permanent premises. In 2010, following an international competition, the Danish firm schmidt hammer lassen was selected to design the new premises and in October 2012 Courtys, a consortium of the VolkerWessels subsidiaries Visser & Smit Bouw and Boele & van Eesteren, was chosen for the realisation.
Construction work started on 16 April 2013.
Great Wall of China Foto Jakub HaÅun.On the 22nd of April both Chinese and Dutch speakers will showcase the developments in their respective countries at the first Chinese-Dutch forum concerning built cultural-heritage. The forum will take place at the Welgelegen Pavillion, seat of the provincial government in Haarlem. Using examples and cases, the speakers will search for synergy and methods to learn from each other. Admission to the forum is free.Fenghuang ancient town Hunan Foto chensiyuanKnowledge exportUnder president Xi Jinping, China has set out for a new course which marks an increasing interest for built cultural heritage and its potential role in society. With its 1.3 billion inhabitants and a history spanning more than 5000 years, China possesses a vast offering of cultural heritage. It has introduced a new approach where a focus on acquiring knowledge beyond its own borders may be a valuable asset. The Dutch systemThe Dutch care for their built heritage and the adaptive reuse of historic buildings has not gone unnoticed in China. As a small country, the Netherlands managed to create a comprehensive and structured system of preservation and the Dutch practice of ādevelopment by reuseā is observed closely. On the other hand, China has a large quantity of restoration projects of exceptional size and holds considerable expectations for tourism in historical cities. The principles in these developments tend to be very different from those in the Netherlands. Where both perspectives have a lot to offer each other, these developments provide a unique opportunity for both countries to share knowledge and experience. The Chinese ideas on both authenticity and private funding could possibly guide our thinking about a future for our own heritage. Temple of Heaven, Beijing Foto IvanWalshĀ Sino-Dutch forum concerning built cultural-heritageThereās plenty of reasons to get to know each otherās views on heritage a little better. During the forum Chinese examples are introduced and will be opposed to the Dutch practice. Large restoration projects are covered, examples of policy, cultural tourism and the use of digital resources. Also discussed is the case where Chinese investors finance the reuse of a Dutch municipal monument in the city of Sittard-Geleen. By comparing these two worlds the forum hopes to inspire the participants and encourage the reciprocal making of contacts and prosperous exchange of knowledge and experience.For additionalĀ information: ivem.nl/invitation.Organisation
The forum is an initiative of the Chinese embassy in The Hague and is organised in collaboration with DutchCulture, the National Office for Cultural Heritage, the LeidenAsiaCentre and the Institute for Heritage & Marketing (IVEM).Ā
ICC Presidency approves the prosecution of Mr Germain Katanga by national authorities of the Democratic Republic of the CongoĀ Today, 7 April 2016, the Presidency of the International Criminal Court, approved the prosecution of Mr Germain Katanga by the Democratic Republic of the Congo at the request of the DRC authorities. The key factor in the Presidencyās Decision was that the allegations against Mr Katanga in the domestic proceedings in the DRC are not the same for which he was tried before the ICC.On 23 May 2014, ICC Trial Chamber II sentenced Mr Katanga to a total of 12 yearsā imprisonment. On 13 November 2015, a Panel of three Judges reviewed and reduced Mr Katangaās sentence and, on 19 December 2015, he was transferred to the DRC, as the State of enforcement, to serve his sentence of imprisonment. On 10 March 2016, the DRC requested that the Court approve the domestic prosecution of Mr Katanga for offences allegedly committed by him on its territory between 2002 and 2006.This decision constitutes the first time that the Court has been called upon to interpret and apply article 108 of the Rome Statute, paragraph 1 of which requires that the Court approve the prosecution, punishment or extradition of a sentenced person in the custody of a State of enforcement. The Presidency considered that the Courtās approval should only be denied when the prosecution, punishment or extradition of a sentenced person may undermine certain fundamental principles or procedures of the Rome Statute or otherwise affect the integrity of the Court. The Presidency considered that the key relevant principle of ne bis in idem, as specified in article 20(2) of the Rome Statute, was not undermined as the national prosecution related to crimes other than those for which Mr Katanga had been tried by the ICC.The Presidency also noted that Mr Katanga, while informed that he could face domestic criminal proceedings, still requested that the DRC be designated as the State of enforcement. The Presidency also noted that the DRC had provided formal written assurances to the Court that the death penalty would not be sought or carried out against Mr Katanga. Finally, the Presidency noted that the DRC emphasised that the prosecution of Mr Katanga would take place consistently with the rights of the defence recognised in its Constitution, with the Presidency further noting that the DRC is party to a number of relevant international human rights treaties safeguarding the right to a fair trial. Decision pursuant to article 108(1) of the Rome StatuteĀ Ā
The firstĀ Global Summit on Chemical Safety and Security CHEMSS 2016Ā will take place on18-20 April 2016Ā inĀ Kielce, Poland.Ā For the first time in history, representatives fromĀ overĀ 40 countriesĀ (including the USA, Iran, China) will meet together to discuss issues in chemical safety and security, share best practices and develop tools to ensure that chemicals are used in a peaceful way. The Speakers include representatives of global initiatives and organisations, such asĀ INTERPOL, OPCW, FAO, UNEP,Ā Department of Homeland Security,Ā Green Cross International.Global experts (including representatives from the US Department of Homeland Security and Department of Defense, Iran, China, African countries, Ukraine and Poland) will talk about modern chemical safety and security procedures and their countries’ needs.Ā Over 20 forumsĀ will take place during 3 days — the topics will include: safety in the industry, utilisation of hazardous materials, cyber-security of operational systems, transport of chemicals, cooperation with African countries, chemical security in Ukraine and aĀ Seminar on Integrated Impact Assessment.Global Summit on Chemical Safety and Security:Ā www.chemss2016.org
Picture Federica Mogherini, High Representative of the Union for Foreign Affairs and Security Policy.The European Commission and the High Representative adopted today April 6, a Joint Framework to counter hybrid threats and foster the resilience of the EU, its Member States and partner countries while increasing cooperation with NATO on countering these threats.In recent years, the EU and its Member States have been increasingly exposed to hybrid threats that comprise hostile actions designed to destabilise a region or a state. The European Commission and the High Representative adopted today a Joint Framework to counter hybrid threats and foster the resilience of the EU, its Member States and partner countries while increasing cooperation with NATO on countering these threats.High Representative of the Union for Foreign Affairs and Security Policy Federica Mogherini said:Ā āIn recent years, the security environment has changed dramatically. We have seen the rise of hybrid threats on EU’s borders. There has been a strong call for the EU to adapt and increase its capacities as a security provider. The relationship between internal and external security needs to be further strengthened. With these new proposals, we want to enhance our capacity to counter threats of hybrid nature. In this effort, we will also step up cooperation and coordination with NATO.ā ElżbietaĀ BieÅkowska, Commissioner for Internal Market, Industry, Entrepreneurship and SMEs, said: āThe EU must become a security provider, able to adapt, anticipate and react to the changing nature of the threats we are facing. This means enhancing our resilience and security from within while increasing our capacity to counter emerging external threats. With this Framework, we act together to counter common hybrid threats. We are presenting concrete proposals for the Union and Member States to increase cooperation in security and defence, improve resilience, address strategic vulnerabilities and prepare a coordinated response.ā Ā The Joint Framework offers a comprehensive approach to improve the common response to the challenges posed by hybrid threats to Member States, citizens and the collective security of Europe. It brings together all relevant actors, policies and instruments to both counter and mitigate the impact of hybrid threats in a more coordinated manner. In particular, it builds on the European Agenda on Security adopted by the Commission in April 2015, as well as on sectorial strategies such as EU Cyber Security Strategy, the Energy Security Strategy and the European Union Maritime Security Strategy.
Statement by MICT Prosecutor Serge Brammertz Regarding Appeal of the Vojislav ŠeŔelj Trial Judgement
The Hague, 6 April – After reviewing the written reasons given by the Trial Chamber Majority for acquitting Vojislav Å eÅ”elj of all charges, my Office has decided to appeal the Judgement.
Given the far reaching nature of the errors we have identified in the Majority Judgement, we underscore for the victims of the crimes that the forthcoming appeal is of utmost priority for this Office. As we will explain in more detail in our forthcoming notice of appeal, we consider there has been a fundamental failure by the Majority to perform its judicial function.
The Majority has omitted to properly adjudicate core aspects of the Prosecutionās case, including by: failing to consider large parts of the evidentiary record; failing to provide proper reasons for its conclusions; failing to properly apply the ābeyond reasonable doubtā standard; failing to consider the charges against Vojislav Å eÅ”elj in light of the pervasive pattern of crimes proved; failing to distinguish between the ultimate political objective pursued by the joint criminal enterprise members and the criminal means employed to achieve it; making unreasonable and conflicting factual findings; and failing to properly apply the elements of modes of liability such as joint criminal enterprise and aiding and abetting in accordance with established case-law.
At the same time, we consider that the Majority unreasonably allowed for the possibility that criminal conduct was simply a lawful contribution to the war effort, despite the overwhelming body of evidence pointing against it. In our view, this led the Majority to unreasonably credit the possibility that: expelling civilians was a humanitarian gesture; that incendiary hate speech was simply morale boosting for the Serb forces; and that the deployment of ethnic cleansing forces was a measure to protect the Serb population.
In sweeping disregard of the large number of crimes proved at trial the Majority concluded that there was no widespread or systematic attack against the civilian population in parts of Croatia and Bosnia and Herzegovina as required for crimes against humanity. As with all appeals filed by my Office, we will exert maximum effort to ensure that our appeal in the Vojislav ŠeŔelj case is litigated efficiently, effectively and fairly in accordance with the prescribed appeals process of the Mechanism for International Criminal Tribunals.
Violinist Tim de Vries.
On 23/26 April the Zuiderstrand Theatre, Nieuwe kerk, willĀ host the Music Finals 2016 Princess Christina Concours, the famousĀ competition for young andĀ super talented musicians. Many of them will become world renowned musicians. The jury (and the public) can vote for the winner.
The Princess Christina Concours has been organising competitions for young musicians for more than forty years. Each year around 500 participants take part in the Princess Christina Concours for classical music. There are also editions of the competition for young composers and jazz musicians. Children can take part in the Princess Christina Junior Concours by putting a film of their own performance on YouTube.
Participants in the competitions get the chance to win great prizes. After the contest, the winners also receive further coaching. Every year the Princess Christina Concours organises around 2,000 stage sessions which enables winners to gain valuable stage experience.
Cellist Sasha Witteveen.The Princess Christina Concours travels throughout the Netherlands with the Classic Express. On board this mobile concert hall contest winners give concerts for primary school pupils. Almost 100.000 primary school pupils have been able to enjoy a classical concert in the Classic Express. The Princess Christina Concours has also managed to reach thousands more children throughout the country with its āKies je instrumentā (Choose your instrument), a free magazine aimed at eight-year-olds, the website www.kiesjeinstrument.nl and online music lessons at www.benniebriljant.nl. Would you like to support the Princess Christina Concours? For as little as ā¬ 30,- per year you can become a Friend and give young people the chance of having unforgettable musical experiences.
Ruto and Sang case: ICC Trial Chamber V(A) terminates the case without prejudice to re-prosecution in future
Today, 5 April 2016, Trial Chamber V(A) of the International Criminal Court (āICCā or āCourtā) decided, by majority, Judge Olga Herrera Carbuccia dissenting, that the case against William Samoei Ruto and Joshua Arap Sang is to be terminated. According to the majority, this decision does not preclude new prosecution in the future either at the ICC or in a national jurisdiction. This decision may be subject to appeal.
The Chamber considered the requests of Mr Ruto and Mr Sang that the Chamber find that there is āno case to answerā, dismiss the charges against both accused and enter a judgment of acquittal. The Chamber also considered the opposing submissions of the Prosecutor and the Legal Representative of the Victims, and received further submissions during hearings held from 12 to 15 January 2016. On the basis of the evidence and arguments submitted to the Chamber, Presiding Judge Chile Eboe-Osuji and Judge Robert Fremr, as the majority, agreed that the charges are to be vacated and the accused are to be discharged. They provided separate reasons for this decision.
Judge Fremr found that there is no case for the accused to answer based on an assessment of the Prosecutionās evidence in accordance with the Trial Chamberās Decision of 3 June 2014, which outlined the principles and procedure for the Defenceās submissions of no case to answer. In his view, the Prosecution did not present sufficient evidence on which a reasonable Trial Chamber could convict the accused. Accordingly, he considered that there is no reason to call the Defence to bring their case or to prolong the proceedings any further.
Judge Eboe-Osuji, concurring with Judge Fremrās evidential assessment, also vacated the charges and discharged the accused without prejudice to re-prosecution in the future. However, he declared a mistrial in the case, because it cannot be discounted that the weaknesses in the Prosecution case might be explained by the demonstrated incidence of tainting of the trial process by way of witness interference and political meddling that was reasonably likely to intimidate witnesses. In his opinion, Judge Eboe-Osuji also discussed several matters including reparations, immunities and elements of the ācrimes against humanityā definition.
The majority of the Chamber, having concluded that the Prosecution did not present sufficient evidence on which a reasonable Trial Chamber could convict the accused, also concluded that a judgment of acquittal was not the right outcome, but only vacation of the charges and discharge of the accused. The majority also agreed that there is no reason to re-characterise the charges.
Judge Herrera Carbuccia appended a dissenting opinion. In her view, the charges against both accused should not be vacated in the present case as such outcome departs from the legal standard established in the Trial Chamberās Decision of 3 June 2014. Judge Herrera Carbuccia considered that the Prosecution case had not ābroken downā and she concluded that there is sufficient evidence upon which, if accepted, a reasonable Trial Chamber could convict the accused.
Background
The trial of William Samoei Ruto and Joshua Arap Sang opened on 10 September 2013. Mr Ruto and Mr Sang were accused of crimes against humanity (murder, deportation or forcible transfer of population and persecution) allegedly committed in the context of the 2007-2008 post-election violence in Kenya.
Over the course of 157 trial days, the Trial Chamber heard the testimony of 30 witnesses for the Prosecution, including two expert witnesses. During that time, the Chamber admitted into evidence 335 exhibits for the Prosecution, 226 exhibits for the Ruto Defence, and 82 exhibits for the Sang Defence. The Prosecution closed its case on 10 September 2015. At the close of the Prosecutionās case, the evidentiary record contained 92 photographs, 27 maps, 77 items of audio/visual material, and over 8,000 pages worth of documentary evidence. Throughout the trial proceedings, the Trial Chamber rendered over 400 written and oral decisions.
At the close of the Prosecution case, the Chamber admitted into evidence the prior recorded testimony of five Prosecution witnesses for the truth of their content. However, on 12 February 2016, the ICC Appeals Chamber held the statements to be inadmissible. The current decision is thus rendered on the basis of the evidentiary record as it stood on 10 September 2015, when the Prosecution closed its case, minus the prior recorded testimony of the five witnesses concerned.
Arusha, The Hague, 5 April – The Mechanism today launched its first online exhibition entitled āA Glimpse into the Archivesā.
The purpose of this exhibition is to allow the general public to contextualize, access, and understand the value of the archives of the International Criminal Tribunals for Rwanda (ICTR) and for the former Yugoslavia (ICTY), which are now in the custody of the Mechanism.
The exhibition features a selection of interesting items to illustrate the diversity of the records in the archives. The items include photographs of artefacts used as evidence in court, drawings made by witnesses, and an extract from a historic trial judgement.
The exhibition, which can be found on the Mechanismās website, aims to create an interactive experience. Each image has descriptive details and links to databases where other records can be found.
This exhibition is an opportunity to reflect on the many facets these records have: they document the judicial process while also depicting specific events that are part of larger contexts. The archives also help make tangible the complexity of the events that took place in Rwanda and in the former Yugoslavia. Visit the Online Exhibition – A Glimpse into the Archives
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