Statement by MICT Prosecutor Serge Brammertz Regarding Appeal of the Vojislav Ć eĆĄelj Trial Judgement
The Hague, 6 April – After reviewing the written reasons given by the Trial Chamber Majority for acquitting Vojislav Ć eĆĄelj 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 Prosecutionâs 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 âbeyond reasonable doubtâ standard; failing to consider the charges against Vojislav Ć eĆĄelj 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 Ć eĆĄelj 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, will host the Music Finals 2016 Princess Christina Concours, the famous competition for young and 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 âKies je instrumentâ (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 ⏠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 (âICCâ or âCourtâ) 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 âno case to answerâ, 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 Prosecutionâs evidence in accordance with the Trial Chamberâs Decision of 3 June 2014, which outlined the principles and procedure for the Defenceâs 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 Fremrâs 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 âcrimes against humanityâ 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 Chamberâs Decision of 3 June 2014. Judge Herrera Carbuccia considered that the Prosecution case had not âbroken downâ 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 Prosecutionâs 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 âA Glimpse into the Archivesâ.
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 Mechanismâs 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
By Roy Lie A Tjam.
Eden Gardens, Kolkata, India, 3 April 2016. 22 cricketers from the Caribbean made it the Garden of the West Indies, as both the men and women teams, won their respective ICC World T20 titles at the Eden Gardens in Kolkata. The Windies received congratulation from many quarters such as, the Prime Minister of Trinidad & Tobago:
âChampions Allâ, Â Dr Keith Rowley made this pronouncement when he paid tribute to the winning West Indies cricket teams. Rowley extended heartfelt congratulations to the West Indies Womenâs and menâs cricket teams, who both emerged as champions in their respective final matches of the 2016 ICC World Cup Twenty20 played at Eden Gardens, Kolkata, India.
Congratulations also came from the Prime Minister of Grenada and Chairman of the CARICOMÂ the Right Hon. Dr. Keith Mitchell, has congratulated the West Indies Men and Womenâs teams on their heart-warming victories in the World T20 competitions.
By Barend ter Haar.
Everybody claims to be in favour of democracy. But what does democracy mean when most contentious issues are transboundary rather than internal issues? In contrast to what one might expect, the answer has to be sought at the international rather than at the national level.
Let us start with looking at democracy at the national level. The essence of democracy is that people have a say in the way they are governed by choosing their political leaders in free elections. In addition referenda can be held to decide on specific questions. All this can work out well as long as a government deals with internal matters.
However, nowadays only few issues are of a purely internal nature. Take for example monitoring farming. At first sight, that might seem an internal matter, but if the Netherlands would be slow in reacting to an outbreak of bird flu, its neighbours would feel the consequences; and if Morocco would be too lax on the use of insecticides, Dutch people eating Moroccan oranges might fell ill.
Therefore, how democratic would it be if Dutch voters decide on sanitary measures for their poultry that are of direct influence on the citizens of other European states? Or how democratic would it be if Dutch voters would block a association agreement that the governments of 500 million other Europeans have agreed to?
Let us make a thought experiment and presume that all democracies would introduce the possibility of national referenda that could lead to the withdrawal of previous consent of both government and parliament. And let us assume that parties in other counties would follow the Dutch example and would promote a No-vote, not on the merits of the case, but for other reasons? It requires little imagination that this could easily lead to international chaos.
So what is the alternative? Politicians and political parties will have to face the truth that we no longer live in sovereign states that are free to decide what to do. Those times are long gone. No matter whether a state is member of the EU or not, it has to accept a large number of standards and rules, not because these rules are legally binding (they often are not), but because there is no practical alternative, just as a traditional Englishman who wants to drive on the left will experience when he visits the continent. This is even true for a powerful country like the United States. Take for example the Law of the Sea Convention and the Nuclear Test Ban Treaty. The American Congress has refused to ratify both treaties, nevertheless the US government respects both treaties in practice.
Does this mean that we are now subjected to a global undemocratic elite? No, in fact the global decision process is about as democratic as a process involving seven billion people can be. Take for example the Climate Change Conference that took place last year in Paris. The chosen representatives of every country could participate and the preparations and negotiations took place in a transparent manner that could be an example for many national democracies.
Pictured Vibviane Uwicyeza Mironko and husband H. E. Jean Pierre Karabaranga, Ambassador of Rwanda.Everyone wins when women are stakeholders in development: The case of RwandaBy AmbassadorJean Pierre Karabaranga and Robert Kayinamura, First Counsellor, Embassy of the Republic of Rwanda.
On March 8th 2016, the World celebrated International Womenâs Day under the theme âPlanet 50-50 by 2030: Step It Up for Gender Equalityâ which is tailored to encourage men and women to act for positive change. Rwandaâs celebrations will be under the theme, âStep it up for Gender Equality, Strive for Women Empowerment.â The Rwanda embassy in The Hague, in collaboration with the Rwanda community in the Netherlands, celebrated international womenâs day on 26th March 2016. Rwanda has been lauded for having achieved great progress in the advancement of womenâs rights, making Rwanda the first country in the world to reach such a target.
For additional Marina van Noort’s pictures, please click here: https://www.flickr.com/photos/121611753@N07/albums/72157666493020575H. E. Odette Melono, Ambassador of the Republic of Cameroon.
The event brought together several dignitaries including ambassadors, representatives of civil society in the Netherlands, the Rwandan diaspora and friends of Rwanda. The event was attended by some 150 people; the guest of honor was H.E. Ambassador Odette Melono of Cameroon, Dean of African Ambassadors in The Hague. This yearâs Rwanda Womenâs Day celebration was under the theme: âStep it Up for Gender Equality, Strive for Women Empowermentâ.
The key message by all speakers was the essential need for gender equality in attaining female empowerment. The event further highlighted the importance of equal representation of women at all levels of government and the integration of gender issues in all aspects of development. Speaking at the event, many of the civil society organizations that have worked in Rwanda commended the country for leading the way in womenâs and girlsâ empowerment.
Joy Uwanziga, a Rwandan living in Netherlands and author of Manners in Rwanda, in her remarks thanked the men and women of Rwanda for their visionary leadership, noting that the empowerment of women entails the empowerment of all society.
Christella Mukamana, President of the Rwandese Women Association.
The guest of honor, H.E. Ambassador Odette Melono, stated that there is nothing impossible in achieving equal opportunity for all, citing several examples of female empowerment at all levels, and called for a continued effort in ensuring the participation of women at all levels. The Ambassador added that strengthening womenâs empowerment is integral to the task of empowering nations, and building stronger economies and healthier societies.
H.E. Ambassador Karabaranga thanked everyone who attended the celebration, and noted that the dayâs event was about celebrating the outstanding achievements registered by women of all walks of life in Rwanda: the dignity, equality and right to opportunity of every Rwandan woman.
Ambassador Karabaranda attributed Rwandaâs achievements to leadership and a recognition of the value of human beings. He pointed out that Rwandaâs success story of female empowerment and gender equality started with the new visionary leadership of Rwanda after 1994, adding that the 2003 Rwandan constitution established that the equality of all Rwandans and is to be ensured, in part, by granting women at least 30 per cent of posts in all decision-making bodies.
Ambassador Karabaranga further remarked that for the last 22 years, women have played an important role in Rwandaâs recovery and reconstruction. It is not surprising that the remarkable rise of Rwandaâs women over the years closely tracks the general upward trajectory of the countryâs development.
The Ambassador then quoted H.E. Kagame, who once said:
âGender equality and womenâs empowerment is a cornerstone of the Government of Rwandaâs development strategy, and a proven source of development progress.“Gender equality is an indivisible component of the wider struggle for human dignity âŠâŠ..”âGender equality is not just womenâs business. It is everybodyâs business. Gender equality and womenâs empowerment are critical to sustainable socio-economic development.ââThe question you have to ponder is simply this: How does a society hope to transform itself if it shoots itself in the foot by squandering more than half of its capital investment? The truth of the matter is that societies that recognize the real and untapped socioeconomic, cultural, and political power of women thrive. Those that refuse to value and leverage womenâs talent, energies, and unique skills remain developmental misfits. It is not difficult to demonstrate this with a growing body of evidence.â
Ambassador Karabaranga added:
âRwanda is becoming day by day among of the best places to be and live as a woman and girl in the world. The Government of Rwanda, under the leadership of HE President Paul Kagame, has made womenâs empowerment and inclusion a hallmark of recovery and reconstructionâ.Robert Kayinamura and Dr Venera Moga-Karagantcheff.With the legal provisions for affirmative action to uplift womenâs representation in decision making positions at all levels, Rwanda has recorded the highest female representation in political decision making areas including Parliament (64%), Senate (38%), Judiciary (43%), and Cabinet (40%) among others. Rwanda has taken special measures to improve social welfare of women and men as a strategy to reduce poverty.Rwandan women seized the opportunity to turn catastrophe into an African success story. In doing so, they set an example that offers powerful lessons for other countries. They have stabilized the country, helping forge a more socially just, environmentally enlightened, and economically stable country and men and children have been the beneficiaries of these efforts. Rwanda has registered significant achievements in promoting gender equality and empowerment of women ranging from; an enabling policy, legal and institutional framework, enhanced socio-economic and political participation and setting the global pace for equality between men and women.When the MDGs were launched, Rwandan women in leadership positions developed a focus on rural women and girls, and now they have focused on effective implementation of the Sustainable Development Goals (SDGs), many of which reflect positively on the situation of rural women. It was the Rwandans in leadership that helped to enact policies that protect and promote the rights of rural women and girls in accordance the Convention on Elimination of Discrimination against Women (CEDAW).According to the global gender gap index 2014 that measured global gender disparities across 145 countries surveyed, Rwanda was ranked 7th globally by the World Economic Forum report and 2nd by the African Development Bank 2015 index. According to the recently released FinScope report 2016, womenâs access to formal financial services increased from 36.1 percent in 2013/14 to 63 percent in 2016. Budget allocation for the implementation of gender equality commitments has continued to increase over years. Gender Responsive Planning and Budgeting (GRB) is a requirement in all sectors and districts and has been institutionalized through the promulgation of the Organic Budget Law, implemented and spearheaded by the Ministry of Finance and Economic Planning.Allow me to cite few major and current facts of the progress done so far :Rwanda has recorded the highest female representation in political decision making areas including : Parliament(today at 64%) ranking  our country number one in the world in terms of female representation in parliament, judiciary(43%), Cabinet(40%) among others.Rwandese women attending the event.The Finesco 2016 report that 63% of Rwandan women currently have access to finances.According to the global gender gap index 2014 that measured global gender disparities across 145 countries surveyed, Rwanda was ranked 7th globally by the world economic forum report and 2nd by the African Development Bank 2015 index.Official reports on land holdings in Rwanda for example indicate that 26 % of land is owned by women, 18 % is owned by men, while 54 % is shared by both spouses.In education for instance in 2014, girlsâ net enrolment rate reached 97% compared to 96% for boys, number of girls enrolled in TVET courses was at 43.7% compared to 56.3% of boys.On safety and security , according to the Gallup Global Law and Order 2015 Report , Rwanda has been ranked among the safest countries in the world that provide conducive atmosphere to people who walk alone at night , including women .While celebrating present successes in Rwanda , let’s also think about the future by calling for greater equality for those who are still struggling for their rights around the world. This yearâs celebration is a time to call for more actions. We have today to unite our voices with the rest of world to condemn with all our energy those systems, policies and practices that are still  violating the basic women rights.As we did in Rwanda , Let us unite our call to create a better world in which every woman is treated with respect and dignity, every boy and girl is loved and cared equally, and every family has the hope of a strong, stable and a better future.In Rwanda, there is overwhelming evidence that women are the driving force behind the success story of the country with a combination of committed leadership at different levels and the willingness of the people. Rwanda in general has learnt that everyone wins when women are put on the forefront of development.    Â
By Jhr. mr. Alexander W. Beelaerts van Blokland.
The Hague as city of peace and justice is more than just host of international courts and tribunals. It supports the very promotion of this universal goal, as comprised in the Sustainable Development Goal 16 by the United Nations. To underline The Hagueâs support, Mayor Jozias van Aartsen expressed during his visit to the Secretary General of the United Nation, Dr. Ban Ki-moon, the commitment the city has towards the SDGâs.
Mending the lack of peace and justice is supported by the city in a wide variety of ways, with multiple stakeholders, from academia, think tanks, international organizations, NGOs, and the private sector. Developments around the world over the past decades often brought home that peace and justice is not a final stage. They need permanent maintenance and attention. Even in those countries where war is absent and rule of law governs society.
How to achieve and maintain stability, peace and justice is a matter that always had its own dynamics. Over the past decades, urbanization has been a hallmark of development in many countries where cities now produce the largest part of the national GDP. Regional cooperation on every continent after World War II has become common practice. Societies are increasingly globally connected, while the phenomenon of non-state actors is clear and present.
These factors have an influence on how the world approaches issues and how solutions can be implemented. As the Albright-Gambari Commission on Global Security, Justice & Governance said in its report on UN reform (2015), the UN is very much a 20th century organization, increasingly unable to address the issues the world community has to tackle in the 21st century. Most notably the effects of climate change, the way fragile states are ravaged, and the way governance can be organized for the hyper connected world.
Many of these issues are no longer neatly defined within national borders, national parliaments and governments. Cross border cooperation, input and ownership by other stakeholders than national institutions, are crucial for this day and age.
No doubt, these developments will be discussed during the week of April 18th, when The Hague will see a flurry of activities related to the United Nations, including a visit by its Secretary General, Dr. Ban Ki-moon. The International Court of Justice (ICJ) will celebrate its 70th anniversary, while the International Criminal Court (ICC) has taken up its new premises. Also, the Dutch âHoge Raad der Nederlandenâ (the Supreme Court) will open their doors of a new building and will commemorate its 200th anniversary, making it one of the oldest legal institutions in the Netherlands.
During this âWeek of Justiceâ, preparations will already be underway for another project related to peace and justice. Cities are bound to take up their responsibilities connected to the place where the majority of mankind will live, work, play, argue, and sometimes fight. This position comes with many challenges and possibilities. Seizing the opportunities provided by this undeniable trend requires also taking ownership and shoring up expertise.
That is why the City of The Hague will host the inaugural session of the Global Parliament of Mayors in September, in cooperation with Dr. Benjamin Barber, the American author of âIf Mayors Ruled the World.â This platform provides an excellent opportunity to share knowledge and improve practical cooperation between cities. Especially in the peace and justice related fields of expertise The Hague has to offer.
As said, just being host of institutions is not enough, it is not an ambition The Hague has. Connecting the courts and tribunals with other stakeholders for the development of international law and the promotion of peace and justice is.
a.beelaerts@planet.nlThe author is Justice (Judge) in the (Dutch) Court of Appeal and honorary Special Advisor International Affairs, in 2004 appointed by the Mayor and Aldermen of The Hague.
Notes:
For the quote of Richard Branson, see: https://www.linkedin.com/pulse/ive-never-heard-so-many-ceos-talk-politics-richard-branson-roth)
Andreas Georg Scherer and Guido Palazzo (2007), Toward a Political Conception of Corporate Responsibility: Business and Society Seen from a Habermasian Perspective, The Academy of Management Review, Vol. 32, No. 4, 1096-1120
![Sasha-Witteveen_Marieke-Wijntjes-467x700[1]](https://i0.wp.com/diplomatmagazine.eu/wp-content/uploads/Sasha-Witteveen_Marieke-Wijntjes-467x7001.jpg?fit=467%2C700&ssl=1)
The Ambassador then quoted H.E. Kagame, who once said:
âGender equality and womenâs empowerment is a cornerstone of the Government of Rwandaâs development strategy, and a proven source of development progress.
“Gender equality is an indivisible component of the wider struggle for human dignity âŠâŠ..”
âGender equality is not just womenâs business. It is everybodyâs business. Gender equality and womenâs empowerment are critical to sustainable socio-economic development.â
âThe question you have to ponder is simply this: How does a society hope to transform itself if it shoots itself in the foot by squandering more than half of its capital investment? The truth of the matter is that societies that recognize the real and untapped socioeconomic, cultural, and political power of women thrive. Those that refuse to value and leverage womenâs talent, energies, and unique skills remain developmental misfits. It is not difficult to demonstrate this with a growing body of evidence.â
Ambassador Karabaranga added:
âRwanda is becoming day by day among of the best places to be and live as a woman and girl in the world. The Government of Rwanda, under the leadership of HE President Paul Kagame, has made womenâs empowerment and inclusion a hallmark of recovery and reconstructionâ.
This creates an interesting playing field for international diplomacy. On the one hand we need to involve companies and on the other hand there is always the risk that involvement of CEOs turns out to be old-fashioned lobbyism focusing on corporate benefits. How to balance this? Maybe the best advice is to make it personal. Amitai Etzioni argues with his I & We paradigm that every person has a part focusing on self-interest and at the same time has a part that values the connectedness between people and contributing to collective goods. Learning how to differentiate âgood from badâ CEOs, making personal intentions part of the conversation and joint action might be some of the most important skills of the modern diplomat in the age of sustainability.