Statement by the Prosecutor of the International Criminal Court, Mrs Fatou Bensouda* regarding recent ICC-visit to Georgia.*Delivered in situ by Mr Phakiso Mochochoko, Director of Jurisdiction, Complementarity and Cooperation Division on the Prosecutor’s behalfTbilisi, 18 February 2016
“I would first like to acknowledge the warm welcome which you have extended to my colleagues in the course of our three-day programme of meetings in Tbilisi which comes to an end today.”
“Why is a team from the International Criminal Court (“ICC”) here in Georgia this week? The present ICC mission comes on the heels of the decision by ICC Judges at the end of January, granting my Office authorisation to investigate the alleged crimes in and around South Ossetia during the 2008 armed conflict. It follows the previous visit I personally made to Tbilisi, in October last year, when I explained the legal reasons behind my request to open an investigation.
Over the past few days, my team has held a number of meetings with key persons based in Tbilisi, including from Government, international organisations, civil society and others. These meetings allowed us, firstly, to clarify the roles of the different parts – which we call ‘organs’ – of the Court; secondly, to explain the next steps in the judicial process, particularly the investigation by the ICC Office of the Prosecutor; and, finally, to discuss the ICC’s cooperation needs and procedures. These exchanges are a key element of preparations as we gear up for more regular deployments into Georgia of investigators from the ICC Office of the Prosecutor, as well as staff from other organs of the ICC who are responsible for distinct aspects of the Court’s work, such as facilitating defence legal representation, witness protection, and outreach.
I wish to reiterate today what I have already stressed: no part of our investigative activities will be public. They are and must remain completely confidential. This is required in order to preserve the integrity of the investigations and the evidence collected, as well as to ensure we fulfil our legal and fiduciary duties towards witnesses and persons with whom we interact during the course of our investigations.
I want to stress that my Office’s own investigators will collect evidence, from a variety of sources. Our investigators will do their work independently and impartially. They will examine relevant places and sites, collect evidence and question persons as witnesses, gather materials and screen documents. Therefore, if you read accounts purporting to detail in any way our ICC investigative activities, you can be assured they are fiction.
You may wonder why the ICC investigation in the 2008 events commences only now. Under its laws, the ICC cannot proceed if the national authorities are already undertaking (or have undertaken) genuine domestic proceedings themselves. Until early last year, this seemed to be the case in Georgia. The timing of this investigation by the ICC has thus largely been determined by the pace, and eventually, lack of, national proceedings here.
Regarding the alleged crimes the investigation will look into, it is important to note that depending on the evidence that emerges, as Prosecutor, I may bring forward charges in relation to any crimes linked to the armed conflict in and around South Ossetia, irrespective of the nationality or affiliation of the alleged perpetrators.
The investigation will take as long as needed to gather the required evidence, and depending on resources, security, and cooperation.
When that time comes, I will request the ICC judges to issue arrest warrants or summonses to appear for those persons assessed to be responsible for the alleged crimes on the strength of the evidence our independent investigations have produced. In other words, we do not start the investigation with specific suspects in mind. There is no list of suspects or targets. It should be absolutely clear that it is only at the conclusion of our investigation, when we have collected and reviewed all necessary evidence, that we will identify suspects.
Finally, my Office, and the ICC more generally, count on full cooperation from all parties to the conflict. Timely and consistent cooperation from the parties, regardless of their status, is in the interest of an effective and efficient investigation. It will lead to establishing the truth and bringing justice to the victims, from whatever nationality or background, who suffered so terribly during the conflict.
Source: Office of the Prosecutor | OTPNewsDesk@icc-cpi.int
Cultural Heritage in Today’s Southern Mediterranean Region: Exploring the state of regional cultural heritage and contemporary conservation efforts.FONDEMA foundation is organising a conference titled: “Cultural Heritage in Today’s Southern Mediterranean Region: exploring the state of tangible and intangible cultural heritage and contemporary conservation efforts” that will be held on May 18th, 2016 in the Speakers Corner at The Hague University of Applied Sciences from 16:30 till 19:30.
‘Heritage is our legacy from the past, what we live with today, and what we pass on to future generations. Our cultural and natural heritage are both irreplaceable sources of life and inspiration’ (UNESCO, 2016)
The conference will seek to highlight the impact that regional instability has had on both tangible and intangible forms of culture by inviting speakers from differing fields of expertise to share their views before opening a platform for discussion. The Hague is synonymous with peace and justice, making it the ideal venue for an event that seeks to shift perceptions and promote proactivity. To allow a nation to lose its cultural past risks losing a nations future.
Foundation FONDEMA is a non-religious and apolitical organization based in The Hague, working towards a renewed dialogue between Europe, southern Mediterranean shore and Africa. Their mission is to advance understanding between North and South by developing cultural initiatives, fostering international cooperation, and promoting and managing shared programs together with partners from Europe, Middle East and Africa.
For additional information:
www.fondema.nl
info@fondema.nl
On the picture Second Secretary Ms. Wathsala Indunil Amarasinghe and H.E. Ambassador Adam M.J. Sadiq together with H.E. Moazzam Khan, Ambassador of Pakistan and spouse H.E. Ambassador Leena Salim Moazzam.By Roy Lie A Tjam.One country – a colossal force; this is the theme for Sri Lanka’s 2016 independence celebrations.
After being occupied by the Portuguese in the 16th century, followed by the Dutch and British, Sri Lanka (or Ceylon as it was referred in those days) declared independence on 4 February 1948. Today, Sri Lanka is a Democratic Socialist Republic.
On Monday 8 February 2016, despite the gale-force winds and downpour, many made their way to Lak Medura, the official residence of the Ambassador of Sri Lanka in the Netherlands. A slew of dignitaries attended, including the President of the Senate, many Ambassadors and officials from the Dutch Ministry of Foreign Affairs and others.
For additional pictures on Sri Lanka 68 years anniversary, please click here: https://www.flickr.com/photos/121611753@N07/albums/72157664615272812Second Secretary, Ms. Wathsala Indunil Amarasinghe, H.E. Ambassador Adam M.J. Sadiq H.E. Mr. J.S. Mukul, Ambassador of India and his spouse Mrs. Mita Mukul.H.E. Ambassador Adam Maznavee Jaufer Sadiq flanked by Second Secretary Ms. Wathsala Indunil Amarasinghe, cordially welcomed the many guests that came to congratulate him on this memorable day, the 68th anniversary of independence. Part of the official opening of the evening’s proceedings was the lightning of an authentic Sri Lankan oil lamp.
In Sri Lanka, it is customary that celebrations such as weddings, the Sinhala and Tamil New Year, and other important events are ceremonially inaugurated by the lighting of a traditional oil lamp. The special significance of the ceremony is to demonstrate the triumph of good over evil, and the symbol of light overcoming darkness.
Mrs Ankie Broekers-Knol , Speaker of The Senate ligthing the traditional Sri Lanka’s oil lamp.In Colombo, the capital of Sri Lanka, Prime Minister Ranil Wickremesinghe in his Independence Day message remarked:
“It is a historic triumph for all of us to be able to celebrate the 68th Independence Day as a nation that prizes the values of democracy, bringing all its citizens together in a spirit of unity and strength.”“And now, the task before us is to ensure that the hard won freedom retains its meaning and significance; it is a task that calls for all of us to be united, irrespective of religious, ethnic and political affiliations. This indeed is the vision of the Government.”“In the eyes of the world, Sri Lanka has been restored to its position as a country that abides by the revered principles of democracy. Yet, before us is a formidable task of ensuring lasting peace and co-existence for all citizens while building on the concept of social economic development for the country.”Ambassador Adam M.J. Sadiq with His Excellency Sayyid Mohammed bin Harib bin Abdullah Al Said Ambassador of the Sultanate of Oman.An agreeable atmosphere reigned at Lak Medura. A Sri Lankan buffet concluded the festive evening.
The Second Secretary and the Ambassador of Sri Lanka with H.E. Ms. Sabine Nölke, Ambassador of Canada.Photography by the Embassy of Sri Lanka.
On the picture Dr Raul C. Pangalangan.By Roy Lie A Tjam.
President Barbara Couwenbergh and the Board of the International Women’s Contact The Hague (IWC) Invited Dr Raul C. Pangalangan, Judge at the International Criminal Court, to deliver a discourse at their monthly meeting. It was at the Marriott Hotelon the lovely winter morning of 8 February 2016.
Among the 150 attendees were four men. H.E. Ambassador of the Philippines Jaime Victor B. Ledda, graced the event with his presence. Right from the start Justice Raul Pangalangan captured the attention of the audience with his vivid presentation on the International Criminal Court.
H. E. Jaime Victor Ledda Ambassador of the Philippines, President Barbara Couwenbergh and Judge Dr. Raul C. Pangalangan.
Dr Raul Pangalangan in his introduction related how our ancestors have struggled to solve conflicts. At first they’ve tried to find solutions by means of military force. This has proven not to be effective. It was then decided to turn to Divine authority, Papal intervention was implemented, this too proved to be of no avail.
Along came the grand illuminated spirit, Hugo Grotius, he proposed to use Reason. It took several centuries before anything tangible materialized. A court of arbitration was established in The Hague to meditate in conflicts between states.
The International Criminal Court deals with humans, individuals. It aspires to combat impunity. ICC is not a human rights court. It only investigates and prosecutes individuals.
The US chief prosecutor to the Nuremberg tribunal stated that four great nations, stay the hand of vengeance and willingly submit their captive enemies to the judgment of the law is one of the most significant tributes that Power has ever paid to Reason.
Let’s stress that the ICC is an independent international organisation and not part of the United Nations. However, the Court cooperates closely with the UN. The International Criminal Court was created by a treaty called the Rome Statute which was negotiated under the auspices of the United Nations and adopted at a diplomatic conference in Rome, Italy, on 17 July 1998. The ICC entered into force. on the 1st of July 2002.
The ICC has four main organs:
The Presidency, consisting of a President and two Vice-Presidents. The Presidency is responsible for judicial administration, conclusion of international agreements, facilitating inter-organ coordination and representing the Court as a whole.
Then, the Judiciary which is divided into three divisions: Pre-Trial, Trial and Appeals. There are 18 judges, who guarantee the fairness of the proceedings from the issuance of arrest warrants through trials to final judgement.
The ICC’s structure also houses an independent Office of the Prosecutor, responsible for investigations and prosecution.
Finally, we have a Registry, which provides services to the other parts of the Court.
A Trust Fund provides assistance to victims of crimes under the ICC’s jurisdiction, and implements judicial reparation orders.
The ICC is concerned with the most serious international crimes:
Genocide
War crimes
Crimes against humanity and
Crime of aggression.
There are several tribunals:
International /Ad Hoc – Nuremberg, Tokyo, Yugoslavia, Rwanda
Mixed / Ad Hoc – Kosovo / Sierra Leone / Cambodia
Domestic – Kuroda / Yamashita / Indonesia / East Timor
Founding member Hanneke van Eekelen, Barbara Couwenbergh , Anton Lutter Ambassador for Emancipation of the Municipality of The Hague and Ambassador of the Philippines Jaime Victor Ledda.
The ICC comes into action when crimes are committed on the territory of the 123 state parties or by a subject of a state party. Furthermore in a situation referred to the ICC by the UN security council
Importantly, it is the national justice systems of the States Parties that have the primary right – and the responsibility – to investigate and prosecute any ICC crimes under their jurisdiction. The ICC can intervene only if justice is not provided at the national level.
One of the most important tenets of the Rome Statute is the complementarily principle, meaning that the ICC complements national jurisdictions rather than replaces them.
How do cases come before the ICC? Via the so-called triggering mechanisms. First, the UN Security Council may refer a situation to the Prosecutor. The second possibility is that a State Party may refer a situation to the ICC Prosecutor. So far, four African States have done this, each one of them referring their own situation to the ICC. The third route is that the ICC Prosecutor opens an investigation into alleged crimes on his or her own initiative, on the basis of information received from any source. Here, however, unlike with referrals, the Prosecutor will first have to obtain the authorization of a Pre-Trial Chamber.
Justice Raul Pangalangan concluded his revealing expose with an integrative session, this gave much allure to his presentation.
Photography by Diny van Herwijnen IWC.
By Duke Michael of Mecklenburg.On 6 February 2016, the 48th Wiener Ball took place in Grand Hotel Huis ter Duin in Noordwijk. Without doubts one can speak of it as a great success. Many guests from the military as well as politicians, diplomats and other expats presented themselves in beautiful dresses, traditional uniforms, white tie or black tie with decorations. Amongst them were Dr. Christian Erd, President of the Foundation Austrian Culture in The Netherlands, Their Imperial and Royal Highnesses Archduchess Camilla, Archduke Sándor and wife Archduchess Herta Margarete von Habsburg, also Their Highnesses The Duke of Anhalt, Prince Eduard II and ex-wife Princess Corinna of Anhalt and Her Excellency Ms. Mainyura Saudabaeva Ambassador of Kazakhstan. However, the focus of the evening were the debutants – females dressed in shiny white dresses and tiaras and male in Frack or traditional attire. Pia van Eenennaam-Beck, President Dr. Christian Erd, Foundation Austrian Culture in The Netherlands, Baron Henri Estramant, TTII&RRHH Archduchess Herta Margarete, Archduke Sándor, Archduchess Camilla von Habsburg of Austria-Tuscany, HE Chamberlain Hans van Eenennaam.For additional pictures on the 48th Wiener Ball, please click here:https://www.flickr.com/photos/121611753@N07/albums/72157664730680406After having dived into the great crowd and the former debutants dinner, all the guests were asked to enter the ballroom, where the debutants presented themselves to their fellow peers. Afterwards all guests had settled, a chain of dances, amongst which of course was the ‘Wiener Waltz’, presented by the debutants after weeks of training by the Wim Lier dance school, Den Haag, started. This was accompanied by an amazing perform of the Viennese orchestra, which would continue until 2 am the next day.After a wonderful performance, the dance continued and was joined by as many guests as the dancefloor could fit. The evening’s Wiener Ball had a two ballrooms with different kinds of music played by the orchestra or the more modern Hoytema Band, allowing a multitude of dance kinds. Thus, all generations could find their room to enjoy the music they liked. And if one danced enough for the moment or was just thirsty, he or she could easily find a bar to reenergise and have a nice chat. And, if one was feeling more like a hearty piece of cake, one could enjoy the Wiener Kaffee and its atmosphere, while eating delicious food. Besides that, the debutants sold tombola tickets to the guest, of which the profit went to SOS Kinderdorpen.At midnight the Midnight Quadrille was performed by anyone, who still did not dance enough. At 2 am the Wiener Ball officially closed, but the after-party in the hotel disco continued the eventing’s course. All together created an atmosphere, which could not have been better and worth remembering. Photography by Danielle Regou.
On the picture H.E. Alexander Shulgin, Ambassador of Russia.By Joe Ray.February 10 occupies a special position in the Russian diplomatic calendar. Since 2002, it has been celebrated as Diplomats’ Day, an opportunity for the nation to celebrate its foreign service and recognise the work carried out by Russian diplomats around the world.To mark Diplomats’ Day 2016, H.E. Mr. Alexander Shulgin, Russian Ambassador to the Netherlands, and his wife Mrs. Natalia Shulgina hosted a reception at the Embassy of the Russian Federation in The Hague. For additional Kim Vermaat’s pictures, please open here: https://www.flickr.com/photos/121611753@N07/albums/72157664544139446H.E. Ambassador Alexander Shulgin, Natalia Shulgina spouse of the Ambassador and H.E. Mr. Ahmet Üzümcü, Director-General, OPCW.Attendees included the Ambassadors of Azerbaijan, Brazil, India, Kazakhstan and South Africa, as well as the Director-General of the OPCW and senior legal figures from The Hague’s international courts and tribunals, among others.Ambassador Shulgin began his welcoming remarks by offering guests an insight into the history of his country’s diplomatic corps. The foundations of Russian diplomacy were laid more than a 1000 years ago, he explained, when a delegation from Ancient Russia led by Princess Olga successfully conducted negotiations with the Byzantine Empire.Natalia Shulgina, H.E. Alexander Shulgin and H.E. Piragibe Dos Santos Tarrago Ambassador of Brazil.“Today,” continued the Ambassador, “we know that the world is not safe. We are faced with many problems and challenges, among them the rise of terrorism, the dangers of climate change and the existence of multiple conflict hotbeds around the world. Diplomats of all countries must work intensively to face these challenges together and to jointly address the world’s problems.”“We are very proud to have contributed, in close cooperation with our colleagues from other countries, to achieving the historical agreement on the Iranian nuclear programme; carrying out Syrian chemical disarmament; and signing the international agreement on climate change. But some problems are still waiting to be addressed.”“We are very concerned about the Syrian crisis, and we are still awaiting the settlement of the Ukrainian crisis. There is a long road ahead when it comes to dealing with these problems. We hope that international cooperation will proceed in a civilised way, with each country taking into account the interests of other countries. We should proceed on the basis of international law with respect for the central role of the United Nations.”H.E. Mr. J.S. Mukul, Ambassador of India, his spouse Mrs. Mita Mukul.“We believe we should cooperate on an equal footing and on a mutually beneficial basis. And indeed, if we proceed from both these premises, we are certain that we will be able to overcome all of these difficulties and together meet the world’s many challenges. We have no doubt that this noble goal may be achieved by our common efforts.”Following the Ambassador’s speech, guests enjoyed an evening of fine Russian cuisine and traditional music performed by Irina Pozdnyakova and Arkadiy Gankin.Information:Embassy of the Russian Federation in The Hague http://www.netherlands.mid.ru/
On the picture H.E. Ahmet Üzümcü Director-General OPCW.OPCW Day 2016 (2-4 May) “Chemical Safety and Security in a Technologically Evolving World” – Conference now open for registrations.
At its twentieth session held in 2015, the Conference of the States Parties adopted a decision to designate 29 April – the date of the entry into force of the Chemical Weapons Convention – as the “International Day for the Foundation of the Organisation for the Prohibition of Chemical Weapons (OPCW)” or “OPCW Day”.
In order to mark this important occasion, the Technical Secretariat is organising an event to celebrate the inaugural OPCW Day from 2 to 4 May 2016 at OPCW Headquarters. The theme for the event will be “Chemical Safety and Security in a Technologically Evolving World”. The OPCW Day 2016 is the first event in a series of Conferences and Exhibitions, which the Technical Secretariat will be organising in the coming years, to commemorate the foundation of the Organisation.
“As we celebrate the foundation of the OPCW, we create a vision for its future in a technologically evolving world. Most importantly, the event will help us build new and better partnerships and to harness the power of innovation to meet new and emerging challenges,” said OPCW Director-General Ahmet Üzümcü.
This year’s event seeks to gather stakeholders from across relevant communities to discuss three themes – chemical safety and security, technology foresight, and future scenarios – that are relevant to the work and the future of the Organisation.
In addition to theme-specific panel discussions, workshops and briefings, the Conference will feature a dedicated exhibition area and poster sessions. The exhibition will include companies in the field of CBRNE-related equipment or products, developers of emerging and enabling technologies with chemical applications, and the designated laboratories of the OPCW.
The OPCW Day 2016 will also feature poster sessions and an interactive poster competition. The posters, which will be on display at the Conference, should showcase the participants’ work in areas of relevance to the OPCW and the CWC. The three best posters – identified through a vote by conference participants – will be awarded a prize.
Participants are invited to register on the conference website by 31 March 2016. The deadline for submission of abstracts for the poster sessions is scheduled for 31 March and requests for the reservation of exhibition booths can be submitted until 29 February.
Additional information about the event, including the provisional agenda, the reservation of exhibition space, and the submission of abstracts for poster proposals, is available at the designated conference website: http://www.opcwday.org/. The conference team can be contacted at: opcwday@opcw.org.
Photography by OPCW.
On the picture HE Ambassador Lidija Topić with European Council President Donald Tusk. Picture by EU By Baron Henri Estramant.Brussels, 15 February 2016: Bosnia and Herzegovina has formally applied to join the 28 member states European Union.Bosnia’s move comes more than two decades after it emerged from a three-year conflict that cost about 100,000 lives, when Yugoslavia fragmented. Integration with Europe is seen as a way to help Bosnia’s economy and overcome its reputation for corruption that scares off investors.Last March 2015, EU foreign ministers and Bosnia and Herzegovina signed a “Stabilisation and Association Agreement” that had been on hold since 2008, paving the way for the application.Dragan Čović, chairman of Bosnia’s tripartite presidency, submitted the application to Dutch Foreign Minister Bert Koenders, whose country currently holds the six-month EU rotating presidency. Tough the application has been submitted, it is sure that Bosnia and Herzegovina will not join the EU within the next few years. Moreover a new expansion cannot take place before 2019. Bosnia and Herzegovina has a mission to the EU in Brussels led by HE Ambassador Lidija Topić, one to The Netherlands represented by HE Ambassador Ahmet Halilović in The Hague, and to Belgium and Luxembourg in Brussels with an incumbent Chargé d’Affaires, Minister Counsellor Nemin Mešinović.
For more information:Embassy of Bosnia and Herzegovina to Belgium and Luxembourg: www.bhembassy.be/Embassy of Bosnia and Herzegovina to the Netherlands: http://eng.bhembassy.nl/naslovna.php
On the picture HE Mme Michaëlle Jean Secretary-General of La Francophonie.By Jure Kralj.
Thursday, 11 February 2016, Press Club, Brussels: The initiative comes as a response to a dwindling use of the French language in European institutions, and in particular in press communications and documents made available to journalists.
The opening event was opened by the Secretary-General of La Francophonie, HE Mme Michaëlle Jean accompanied by La Francophonie’s Permanent Representative to the EU, HE Ambassador Dr.Stéphane López. Other prominent speakers included the President of the European Commission, Jean-Claude Juncker, or French bilateral ambassador to Belgium, HE Ambassador Claude-France Arnould. French Ambassador Claude-France Arnould
Amongst the prominent attendees were the US Head of Mission to the EU, HE Ambassador Anthony L. Gardner (himself a Francophone), the Permanent Representatives of France to the EU, HE Ambassador Pierre Sellal as well as a plethora of ambassadors from the countries members of La Francophonie.
The President of the European Commission stressed the cultural dimension of languages, transcending aspects pertaining purely to the transfer of information, and has stated that spokespersons were given instructions concerning the use of the three working languages of the European Union.
For more information
La Francophonie and its permanent representations: http://www.francophonie.org/Representations-permanentes.html
Permanent Representation of La Francophonie to the EU (HE Ambassador Dr. Stéphane López): http://www.francophonie.org/inauguration-Club-presse-francophone-Bruxelles-46717.html
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Pictures by French Embassy to the Kingdom of Belgium
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After having dived into the great crowd and the former debutants dinner, all the guests were asked to enter the ballroom, where the debutants presented themselves to their fellow peers.
Afterwards all guests had settled, a chain of dances, amongst which of course was the ‘Wiener Waltz’, presented by the debutants after weeks of training by the Wim Lier dance school, Den Haag, started. This was accompanied by an amazing perform of the Viennese orchestra, which would continue until 2 am the next day.
After a wonderful performance, the dance continued and was joined by as many guests as the dancefloor could fit. The evening’s Wiener Ball had a two ballrooms with different kinds of music played by the orchestra or the more modern Hoytema Band, allowing a multitude of dance kinds.
Thus, all generations could find their room to enjoy the music they liked. And if one danced enough for the moment or was just thirsty, he or she could easily find a bar to reenergise and have a nice chat. And, if one was feeling more like a hearty piece of cake, one could enjoy the Wiener Kaffee and its atmosphere, while eating delicious food. Besides that, the debutants sold tombola tickets to the guest, of which the profit went to SOS Kinderdorpen.
At midnight the Midnight Quadrille was performed by anyone, who still did not dance enough. At 2 am the Wiener Ball officially closed, but the after-party in the hotel disco continued the eventing’s course.
All together created an atmosphere, which could not have been better and worth remembering.
Photography by Danielle Regou.
