By Viviana Knorr.On 30 June at 15:30h the International Criminal Court of the former Yugoslavia in The Hague added a new judgment to the Appeals Chamber Judgement list in the case of Mićo Stanišić and Stojan Župljanin, two former high ranking Bosnian Serb officials were rendered.The verdictThe Appeals Chamber today confirmed the convictions of Mićo Stanišić, former Minister of the Interior of Republika Srpska, and Stojan Župljanin, former Chief of the Regional Security Services Centre of Banja Luka, Bosnia and Herzegovina (BiH). The Appeals Chamber affirmed that Stanišić and Župljanin are criminally responsible for war crimes and crimes against humanity committed in BiH in 1992, in 20 and eight municipalities respectively. The Judges affirmed both of the accused’s sentences of 22 years’ imprisonment.The judgement was broadcasted live on the Tribunal’s website. More info about the judgement can be found on ICTY website via this link. http://www.icty.org/en/press/appeals-chamber-affirms-stanisic-and-zupljanin-sentencesMićo Stanišić is the former Minister of the Interior of Republika Srpska. Stojan Župljanin is the former Chief of the Regional Security Services Centre of Banja Luka and were indicted as participants in a joint criminal enterprise (JCE) aimed at permanently removing Bosnian Muslims, Bosnian Croats, and other non-Serbs from the territory of a planned Serbian state in Bosnia and Herzegovina (BiH).At the time, the Trial Chamber found that Stanišić and Župljanin participated in this joint criminal enterprise and where many of the crimes committed in a number of municipalities in BiH were foreseeable to the accused. Both Stanišić and Župljanin were sentenced by The Trial Chamber to 22 years imprisonment for crimes against humanity and war committed between April and December 1992 in BiH.Since its establishment, the Tribunal has indicted 161 persons for serious violations of humanitarian law committed on the territory of the former Yugoslavia since 1991. Proceedings against 151 accused individuals have been concluded. Proceedings are currently ongoing for 10 accused.
Security Council – Picture by Getty Images.In a symbolic gesture for European unity, Italy and The Netherlands have proposed to split a two-year term on the UN Security Council, after the two countries tied in a contested race for a non-permanent seat on the council.This settlement entails that in 2017 Italy shall be member in the body working towards international peace and security, whereas the Kingdom of the Netherlands will hold the seat in 2018. Italy was lobbying arduously for a council seat, portraying itself as a crossroads country Mediterranean as well as touting its experience dealing with the refugee crisis. Italy was also seen as a player in efforts to pull Libya out of chaos.The Netherlands, home to the International Criminal Court and other world tribunals, played up its commitment to international justice and law. Both countries must still come up with a formula permitting one to attain the official two-thirds majority in the General Assembly vote, with the understanding that it will hand the post to the other country after a year.For more information:http://www.the-netherlands.org/news/2016/06/unsc.html
The Appeals Chamber today confirmed the convictions of Mićo Stanišić, former Minister of the Interior of Republika Srpska, and Stojan Župljanin, former Chief of the Regional Security Services Centre of Banja Luka, Bosnia and Herzegovina (BiH). The Appeals Chamber affirmed that Stanišić and Župljanin are criminally responsible for war crimes and crimes against humanity committed in BiH in 1992, in 20 and eight municipalities respectively. The Judges affirmed both of the accused’s sentences of 22 years’ imprisonment.
The Appeals Chamber dismissed all of Stanišić’s and Župljanin’s grounds of appeal. It confirmed their convictions for committing, through participation in a joint criminal enterprise (JCE), persecutions as a crime against humanity and murder and torture as violations of the laws or customs of war. Župljanin’s convictions for committing extermination, through participation in a JCE, and ordering persecutions through plunder as crimes against humanity were also affirmed.
Both of the accused alleged in their appeals that their right to a fair trial was violated as a result of the participation of Judge Frederik Harhoff in the trial proceedings. The Appeals Chamber rejected their arguments and found that Judge Harhoff’s disqualification in the Šešelj case does not automatically disqualify him from other cases. The Judges also concluded that the Appellants “have failed to demonstrate that a reasonable observer, properly informedof all the relevant circumstances, would reasonably apprehend bias on the part of Judge Harhoff in this case”.
Stanišić further argued in his appeal that the Trial Chamber failed to provide a reasoned opinion as to how his acts and conduct furthered the JCE, and whether his contribution to the JCE was significant. The Appeals Chamber agreed that the Trial Chamber failed to provide a reasoned opinion in this respect and subsequently conducted its own assessment. It concluded that the Trial Chamber’s underlying factual findings ― with the exception of certain findings the Appeals Chamber found to be erroneous ― and relevant evidence support the conclusion beyond reasonable doubt that Stanišić significantly contributed to the JCE.
The Appeals Chamber also affirmed the Trial Chamber’s conclusion that Župljanin significantly contributed to the JCE.
In relation to whether Stanišić and Župljanin possessed the requisite intent to be held liable under the JCE, the Appeals Chamber established that the Trial Chamber committed certain factual errors regarding both Appellants. However, on the basis of the remaining factors, the Appeals Chamber found that these errors do not impact the Trial Chamber’s conclusion that both Stanišić and Župljanin possessed the requisite intent.
Župljanin also challenged his conviction for extermination as a crime against humanity. With respect to an incident in which 20 detainees died during their transport to Manjača detention camp, the Appeals Chamber found that the Trial Chamber failed to provide a reasoned opinion by failing to make the necessary finding on the mens rea of the principal perpetrators. However, following an assessment of the Trial Chamber’s underlying findings and relevant evidence, the Appeals Chamber concluded that the Trial Chamber’s error does not invalidate the Trial Judgement.
The Appeals Chamber granted the Prosecution’s second ground of appeal, which argued that the Trial Chamber erred in law by failing to enter convictions for the crimes of murder, torture, deportation, and other inhumane acts (forcible transfer) as crimes against humanity in addition to the convictions for the crime of persecutions as a crime against humanity. In doing so, the Appeals Chamber referred to the well-established jurisprudence that convictions for the crime of persecutions and other crimes against humanity based on the same conduct are permissibly cumulative. The Appeals Chamber, however, declined to enter new convictions on appeal.
Mićo Stanišić and Stojan Župljanin were initially indicted by the Tribunal in 2005 and 1999, respectively. In September 2008, a motion to join the two cases was granted by the Pre-Trial Chamber. The trial commenced on 14 September 2009 and concluded on 1 June 2012. The Trial Judgement was rendered on 27 March 2013 and the Prosecution and the Defence filed their notices of appeal on 13 May 2013. The Appeal Hearing took place on 16 December 2015.
The Appeals Chamber was composed of Judge Carmel Agius, Presiding, Judge Liu Daqun, Judge Christoph Flügge,Judge Fausto Pocar, and Judge Koffi Kumelio A. Afanđe. Judge Liu and Judge Afanđe appended a separate opinion.
Since its establishment, the Tribunal has indicted 161 persons for serious violations of humanitarian law committed on the territory of the former Yugoslavia since 1991. Proceedings against 153 accused individuals have been concluded. Proceedings are currently ongoing for 8 accused.
By Roy Lie A Tjam.
On 22 June 2016, the Ambassador of Luxembourg, H.E. Mr. Pierre-Louis Lorenz organized a fabulous reception-concert on the occasion of the National Day of Luxembourg. The concert was by the Luxembourg jazz duo ‘Dock in Absolute’ Jean-Philippe Koch (piano) and David Kintziger (guitar bass)
The venue chosen for the reception concert was the Glazenzaal in The Hague. A similar event was earlier held in Maastricht. After the welcome words by H.E. Pierre-Louis Lorenz in Dutch/ Luxembourgeoise, the group Dock in Absolute interpreted the national anthem and the Wilhelmus the anthem of Luxembourg’s Royal House, distinct from the Dutch National Anthem, both sharing the same origin.
Spouses of Ambassador of Mexico, Spain, Tunisia, Cuba, Luxembourg, Uruguay, Peru, Panama, Philippines and Pakistan during the event.
Ambassador Pierre-Louis Lorenz further added: ‘Excellencies, friends, colleagues, ladies and gentlemen, leiw Letzebuerger I am happy to welcome you here in the Glazenzaal to celebrate with you our National Day. I shall be brief, not because there is little to say, but rather that there might be too much to say. The last year was a good one for Luxembourg, we are out of the crisis mode and back to pre-crisis growth figures, even if there is reason to keep prudent and alert. On the European stage Luxembourg faced a difficult semestrial EU presidency, difficult because so many unexpected crisis moments opened up, but we succeeded to hand over the presidency gavel to The Netherlands in an orderly fashion and in good shape. In a regional perspective, 2016 is for us the year of the Benelux presidency, a yearlong occasion where we try together with Belgium and The Netherlands to be as ambitious as possible, especially in a period where Europe doubts its own strength and future. Yesterday I celebrated with the citizens of Maastricht our National Day, a city which is inspired by the European spirit as much as my own country. Luxembourgers like to say that they have two fatherlands, a small one and a larger one, Europe, the Europe of the Union. As much as we need our motherland that is the anchor which we call home, as much we need Europe to contribute to stability and security in the competition on the global stage. We cherish both and we want for both an inspiring future. Tomorrow, the 23rd , is the actual day we celebrate in Luxembourg, and if Luxembourgers can formulate a wish for that occasion, it would be to stay together united on our continent. I promised to be brief, and I would now like to let our two musicians continue.’
Laten wij nu naar Luxemburgse traditie proosten: / Let me now pronounce the traditional toast: VIVE LETZEBUERG / VIVE DE GRAND-DUC
By Roy Lie A Tjam.
On 24 June H.E. Gabriel Aguilera Peralta, Ambassador of the Republic of Guatemala was honored for his outstanding contribution, in enhancing the bilateral ties between the Guatemala and The Kingdom of the Netherlands. He was also honored his support to the Diplomatic Community and Diplomat Magazine.
After the playing of the national anthem of the Netherlands and Guatemala, H. E. Sergio Ugalde Godinez, Ambassador of Costa Rica addressed Ambassador Mr. Gabriel Aguilera Peralta.
In his valediction discourse, Ambassador Sergio Ugalde Godinez started by thanking Diplomat Magazine for hosting the Ceremony, and for taking up the notable initiative to bid a private farewell recognition ceremony to diplomats who have carried out exceptional work in the Netherlands. Sergio Ugalde Godinez continued, “I cannot think of someone more deserving than the distinguished Ambassador of Guatemala, H. E. Gabriel Aguilera Peralta.
For additional Kim Vermaat’s pictures, please open the following link: https://www.flickr.com/photos/121611753@N07/albums/72157669674016561H.E. Aida Luz Santos de Escobar, Ambassador of El Salvador, H.E. Fermin Quinones Sanchez, Ambassador of Cuba, H.E. Sergio Ugalde Godinez Ambassador of Costa Rica and honour speaker of the ceremony; H.E. Enrique Rodriguez Veltze, Ambassador of Bolivia and H.E. Carlos Herrera, Ambassador of Peru.
I am also honored to have been asked to give some words to celebrate the remarkable work that Ambassador Aguilera has carried out on behalf of Guatemala in the Netherlands. Although Gabriel has been in the Netherlands for only about to two years, his contributions to the strengthening of the ties of both countries are quite tangible.
Not only was he the subject of a very warm welcome by His Majesty, King Willem-Alexander, but he quickly managed to have Guatemala in the sights of the Foreign Ministry, at the highest levels. This led to a visit by Foreign Minister Bert Koenders to Guatemala early last year. The visit not only was very successful, something the Foreign Minister commented about, but it truly served to raise awareness at the Dutch Foreign Ministry of the importance to re-open an Embassy in Guatemala, which I believe is under consideration.
H.E. Carlos Herrera, Ambassador of Peru, the Ambassador of Argentina, H.E. Hector Horacio Salvador, H.E. Fermin Quinones Sanchez, Ambassador of Cuba, H.E. Gabriel Aguilera Peralta Ambassador of Guatemala, H.E. Willys Delvalle, Ambassador of Panama, H.E. Aida Luz Santos de Escobar, Ambassador of El Salvador, H.E. Sergio Ugalde Godinez Ambassador of Costa Rica and H.E. Enrique Rodriguez Veltze, Ambassador of Bolivia.
Ambassador Aguilera also made significant efforts to have a firm Guatemalan cultural and commercial presence in the Netherlands. One of the very first activities that I, as Costa Rican Ambassador had the honor to participate in, was a Meet and Greet organized together with the Diplomat Magazine, at this very venue. This activity took place precisely during the time that Ambassador Aguilera was the chair of the Group of Central American countries, and his was the initiative to make the activity the success it was.
But the Guatemalan visible presence did not stop there, I recall a number of other activities, particularly related to culture and society, which enriched us with knowledge about the extraordinary qualities of the Guatemalan people. This insight, no doubt, bridges a better understanding by the Dutch and expats alike, of Guatemala.
H.E. Sergio Ugalde Godinez Ambassador of Costa Rica to the Kingdom of the Netherlands.
But Gabriel´s most significant characteristic is his remarkable personae. He is of a soft touch but of a distinguishable charisma, knowledge and wisdom. His gentle approach is exemplary, as is his joyful character. His most recognizable legacy is to have built numerous new relations with peoples of all spheres of the Dutch society.
I myself am grateful for having been able to meet Ambassador Aguilera, and to have been able to share insights with him of a number of issues, from International Law to Peace and Security in Central America. Being the extraordinary academic he is, I think most of his colleagues would have to agree that we have learned much from him.
It is of course with great admiration and joy that we all gather today to witness the presentation of a Certificate of Merit for his contributions to strengthening the bilateral ties between Guatemala and the Netherlands. Very well deserved!”In his response, H. E. Gabriel Aguilera Peralta thanked all for attending the ceremony. He indicated how much he appreciated his posting in the Netherlands. However, his government has decided to assign him to another post. Furthermore, he observed, an Ambassador has more than one live, each new assignment is the commandment of a new life.
The ceremony concluded with a reception.
By Baron Henri Estramant
Saturday, 25 June 2016, Reykjavik: Guðni Jóhannesson is Iceland’s novel president-elect. Jóhanesson won 39.1 percent of the vote, or more precisely 71,356 ballots.
Dr Guðni Thorlacius Jóhannesson, shall become Iceland’s sixth president. He was born on 26 June 1968, making him the youngest Iceland president ever elected. He holds a PhD in history from Queen Mary University of London.
Jóhannesson is hitherto an associate professor at the University of Iceland. His wife is Eliza Reid hails from Canada. She is a journalist and businesswoman.
In addition to working as associate professor, Jóhannesson has published numerous works on history, including works on the Cold Wars and the Icelandic presidency.
The president-elect will be inaugurated on 1 August at Bessastaðir, the Icelandic official residence for the head of state.
Iceland has been a republic since a referendum on 17 June 1944 called for the abrogation of the Kingdom of Iceland in order to be replaced by a parliamentarian republic, and the severance of ties with Denmark. Until then, Iceland and Denmark shared a monarch as their head of state, namely King Kristján X of Iceland (Christian X of Denmark). Denmark was in charged of Iceland’s defense as well as foreign affairs albeit it had become a fully-fledged sovereign kingdom on 1 December 1918.
For more information:
President of Iceland: http://english.forseti.is
Guðni Thorlacius Jóhannesson: http://gudnith.is/en/front_page/https://en.wikipedia.org/wiki/Guðni_Th._Jóhannesson
Eurojust and Ukraine sign an Agreement on CooperationMs Michèle Coninsx, President of Eurojust, and the Prosecutor General of Ukraine, Mr Yuriy Lutsenko, signed an Agreement on Cooperation on June 27, at a ceremony at the European Commission, in the presence of Ms Věra Jourová, EU Commissioner for Justice, Consumers and Gender Equality.Conclusion of a cooperation agreement with a third State usually leads to a greater number of cases between the third State and Eurojust. With the inclusion of Ukraine, Eurojust has signed nine such cooperation agreements to date. Cooperation with third States is a crucial element in combating serious crime, particularly organised crime and terrorism. In practice, cooperation agreements enable the exchange of operational data, including personal data, in line with European standards on data protection. They also provide for the possible secondment of a Liaison Prosecutor from Ukraine to Eurojust. In 2004, Ukraine appointed two Eurojust contact points. The agreement also provides that Ukraine will designate a contact point as Ukrainian National Correspondent for Terrorism Matters.President Coninsx commented: ‘Cooperation with third States is essential to deliver cross-border justice. Since 2005, Ukraine has been involved in 70 Eurojust cases, 26 coordination meetings, one coordination centre and one JIT. In this respect, the conclusion of this Agreement on Cooperation is a vital step in further strengthening cooperation with Ukraine. We are very pleased to have Ukraine joining our network of third States with which Eurojust has signed a cooperation agreement.’Prosecutor General Lutsenko said: ‘Developing a relationship with this EU organisation will give us many opportunities for international cooperation.’Ukraine is a priority EU partner within the European Neighbourhood Policy and the Eastern Partnership. The European Union and Ukraine signed an Association Agreement in 2014.The signing of the Agreement on Cooperation was in the framework of a visit of President Poroshenko and a large Ukrainian delegation, including the Minister of Foreign Affairs, who signed an agreement on scientific and technical cooperation with Commissioner Carlos Moedas.
Additional information at:
Agreement on CooperationUkraine Security Service’s visit to Eurojust
Spanish artists participating at Utrecht Early Music Festival 2016, 26 August – 4 September
The Utrecht Early Music Festival 2016 will take place from August 26 to September 4. The festival, which has been held in the city of Utrecht since 1982, will focus in this year’s edition on the musical history of the Republic of Venice, a city where new music was created and spread to the rest of Europe.
Several Spanish artists will be participating: bass-baritone singer Josep Cabré (Barcelona) and his quartet La Colombina will perform different madrigals, paying a tribute to the founder of the Venetian School, the Flemish composer Adrian Willaert; Seville harpsichordist Javier Núñez will be playing dance music composed by Giovanni Picchi, the only Venetian to write music for the harpsichord, and the renowned Catalan musician Jordi Savall and his early music group Hespèrion XXI will offer a special concert including several pieces spanning a thousand years of the Republic of Venice’s musical history.
Furthermore, the group “L’Apotheose” has qualified for the semi-finals of the “Internationaal Van Wassenaar Concours”, an international contest to promote young and emerging bands and artists of early music hosted for the second time by the Utrecht Early Music Festival. The members of this group come from Madrid and Frankfurt. Both the semi-finals and the final are free to the public.
For more information, dates and times you can visit the Website of the Utrecht Early Music Festival 2016.
The Tribunal’s Victims and Witness Section (VWS) launched early June at The Hague Institute for Global Justice its report “Echoes of Testimonies: A Pilot Study into the long-term impact of bearing witness before the ICTY”.
Opening remarks were delivered by ICTY President Judge Carmel Agius followed by a presentation outlining the results of the study conducted over the past four years.
Conducted in cooperation with the Castleberry Peace Institute of the University of North Texas (UNT), the VWS study examines the impact that testifying has had on 300 fact witnesses before the Tribunal. Participants hail from across Bosnia and Herzegovina, Croatia, Kosovo, and Serbia. Most of them experienced severe emotional or physical trauma during the war.
The report highlights that the process of testifying is varied, complex, and different for each witness. The most frequently cited reasons for testifying are altruistic, namely to help the judges reach an accurate decision and to fulfil a moral duty to victims. Most participants reported that testifying before the Tribunal did not worsen their health and have also indicated more positive than negative affect both before and after testifying.
The vast majority of the 300 witnesses interviewed stated that they feel relatively secure today, both those who testified publicly and those who testified with in-court protective measures. They personally felt fairly treated by the ICTY (regardless if called to testify for the Prosecution or the Defence), and they felt they contributed personally to justice and truth telling. These witnesses were optimistic about their overall life situation, but dissatisfied with the current local political situation where they reside.
Based on the study’s findings, VWS and UNT recommend that international judicial institutions further develop and standardize support mechanisms to safeguard witnesses’ well-being. VWS and UNT researchers thus call on courts to implement follow-up programs for those that testify and to develop strong relationships with the communities where witnesses live.
The report will be presented later in Sarajevo, Belgrade, Pristina and Zagreb.
