By Baron Henri Estramant. Nepal’s parliament has elected women rights campaigner Bidhya Devi Bhandari as its first female president of the Federal Democratic Republic of Nepal.  She is the second person to hold the mainly ceremonial role. Ms Bhandari shall thus replace President Ram Baran Yadav, who was the country’s first elected president in 2008 after Nepal abolished its Hindu monarchy in 2008 with the deposition of King Gyanendra. Nepalese presidents are supreme commanders of the armed forces yet the office is largely ceremonial.  The 54-year-old is currently the vice-chair of the ruling Communist Party of Nepal (United Marxist Leninist). Bhandari was defence minister from 2009 to 2011. As president, she has promised to champion minority and women’s rights in Nepal. Earlier this month, Nepal’s parliament chose its new prime minister, Sharma Oli. Bidhya Bhandari is a close ally of the new prime minister, from the same nominally communist party. She has long been a political activist in a male-dominated society. For more information: Office of the President of Nepal: www.presidentofnepal.gov.np/    

Dutch Foreign Minister Bert Koenders believes the European Union must do everything in its power, in consultation with Lebanon and other countries in the region, to find a solution to the conflict in Syria. ‘Only then can we really bring the refugee crisis to an end,’ he said during a recent visit to Lebanon. ‘It’s not merely a question of border controls and quotas’ Mr Koenders emphasised. ‘If the war in Syria doesn’t come to an end, people will keep coming. The Netherlands will keep underlining this fact.’ The conflict in Syria has prompted almost 1.2 million Syrians to flee to neighbouring Lebanon. ‘The EU and its member states need to talk to the Lebanese about tackling the problems, too, because they are familiar with both the issues and the region,’ Mr Koenders said. The minister visited Haouch el Harime refugee camp near the Syrian border  to see the situation for himself. ‘You see and hear from those on the ground that the capacity and standard of care for refugees is under tremendous pressure,’ he said. ‘The Netherlands wants to help improve the situation, not only for the refugees but also for their Lebanese host communities. I’m very impressed by the work of the Lebanese and of the aid organisations who are trying to ease people’s suffering.’ Mr Koenders believes it is important that refugees can stay near to their country of origin and return as soon as possible. ‘But Lebanon also deserves all the support we can give to ensure it can continue to help these people and improve conditions for them, without its own population suffering too. We must also call upon the Gulf states and other countries to take in refugees,’ he said. The minister announced in Beirut that the Netherlands was donating €25 million for emergency aid to Syrian refugees in Lebanon. This is part of the €110 million that the Dutch government recently made available to help people who are suffering as a result of the war in Syria. Koenders envisages role for Iran in restoring stability to region Dutch Minister of Foreign Affairs Bert Koenders is convinced that Iran can help solve the conflicts in Syria and other countries in the region. ‘Iran is an important player. The Netherlands would like to see it play a constructive role in countries like Syria and Yemen.’ Koenders was speaking during a recent visit to the Iranian capital Tehran, where he and his Iranian counterpart Minister Mohammad Javad Zarif discussed the urgent situation in Syria and other matters. Koenders also met the Iranian president, Hassan Rouhani, and congratulated him on the international agreement on Iran’s nuclear programme. ‘The agreement provides a basis for improving relations between Iran and the international community,’ Koenders said, ‘but it is only a start. Iran must implement all the agreements fully and on time to show that it is a reliable partner.’ Koenders believes better relations between Iran and the West signal opportunities for the use of regional and international diplomacy to find solutions to the major problems facing the region. ‘I have asked Iran to use its influence over certain parties to achieve a political solution to conflicts in the region,’ he said. Broader and closer relations with Iran will also provide more opportunities to discuss difficult issues like human rights, Koenders believes. During his visit he made clear the Netherlands’ concerns about the situation and raised the issue of the many executions Iran carries out. ‘The Netherlands campaigns for the abolition of the death penalty throughout the world. I conveyed our position to the Iranian authorities.’ As part of the revived relationship with Iran, the Netherlands also hopes to restore economic and trade relations. If Iran complies with the nuclear agreement, the current international sanctions will gradually be relaxed. ‘That will mean interesting prospects for Dutch companies to trade with Iranian companies,’ said Koenders.    

Ongwen case: the confirmation of charges hearing to be held at the seat of the ICC in The Hague The Presidency of the International Criminal Court (ICC) decided 28 October 2015, that the confirmation of charges hearing in the case concerning Dominic Ongwen, scheduled for 21 January 2016, shall be held at the seat of the Court at The Hague (Netherlands). On 10 September 2015, the ICC Pre-Trial Chamber II had recommended to the ICC Presidency that that holding the confirmation of charges hearing in Uganda would be desirable and in the interests of justice. Following consultations with the Ugandan authorities, the ICC Presidency received an updated assessment from the Court’s Registry on the feasibility of holding the confirmation of charges hearing in Uganda. The ICC Presidency noted the excellent co‑operation of Uganda in assisting the Registry with the preparation of its preliminary and final assessments. The Presidency noted also that there would be a number of benefits to holding the hearing in Uganda as in principle this would contribute to a better perception of the Court and bring the proceedings closer to the communities affected by the alleged crimes. However, the Presidency noted particularly the possibility, expressed by Uganda itself, that political tensions may increase during an upcoming electoral period, especially during January 2016, which may have an adverse impact on the Court. The Presidency also noted operational limitations, in particular concerns that holding proceedings in Uganda would significantly impact the Court’s resources during its move to its permanent premises scheduled for December 2015. For these reasons, the ICC Presidency found that the potential benefits of holding the confirmation hearing in Uganda in January 2016 are outweighed by the significant risks The confirmation of charges hearing in respect of Dominic Ongwen is scheduled to commence on 21 January 2016 and is expected to last three to no more than five working days. The confirmation of charges hearing is not a trial. It is a Pre-Trial hearing held to determine whether there is sufficient evidence to commit the case for trial before a Trial Chamber. Decision on the recommendation to the Presidency to hold the confirmation of charges hearing in the Republic of Uganda Background:  Dominic Ongwen was the alleged Brigade Commander of the Sinia Brigade of the Lord’s Resistance Army (LRA). On 8 July 2005, ICC Judges issued an arrest warrant against Mr Ongwen for 3 counts of crimes against humanity (murder; enslavement; inhumane acts of inflicting serious bodily injury and suffering) and 4 counts of war crimes (murder; cruel treatment of civilians; intentionally directing an attack against a civilian population; pillaging) allegedly committed on or about 20 May 2004 at the Lukodi IDP Camp in the Gulu District. On 16 January 2015, Dominic Ongwen was surrendered to the ICC’s custody and transferred to the ICC Detention Centre on 21 January 2015. His initial appearance before the Court took place on 26 January 2015.

On 26 and 27 October 2015, the International Criminal Court (ICC) hosted at the seat of the Court in The Hague a workshop on cooperation and financial investigations. The workshop was an opportunity for participants, which included experts from 13 countries and 6 international organisations, to discuss operational measures and find solutions for cooperation challenges when working with the ICC to conduct financial investigations. On 26 October, the workshop was launched with introductory remarks by ICC Registrar Herman von Hebel, ICC Deputy Prosecutor James Stewart, Senior Adviser of the Permanent Mission of the Principality of Liechtenstein to the United Nations Jörn Oliver Eiermann, and Director of International Centre for Asset Recovery (ICAR)/Basel Institute Gretta Fenner. Discussions were then lead by ICC staff from the Office of the Prosecutor and Registry on the Court’s mandate, legal framework and procedure in tracing, seizing, freezing and forfeiting assets of an ICC suspect or accused. Participants then explored avenues for cooperation in these actions, whether through States Parties, intergovernmental organizations, financial intelligence units or other actors. On 27 October, participants discussed three specific scenarios in depth, in which the ICC would request cooperation at different stages of ICC proceedings. The scenarios involved different levels of information required depending on whether the request was in regard to tracing, seizing, freezing or forfeiting the assets. This exercise helped to clarify and pinpoint solutions to practical challenges faced when cooperating. The workshop concluded by identifying two main action points: first, for the ICC to continue explaining to States Parties the specificities of its mandate in relation to financial investigations, and second, for the ICC and States Parties to develop regular bilateral contacts with the aim of finding ways to improve cooperation in the field of financial investigations. This workshop was made possible by the Permanent Mission of the Principality of Liechtenstein to the United Nations, the International Centre for Asset Recovery, and the European Commission. The ICC thanks these organisations as well as all workshop participants, and looks forward to improved cooperation going forward.  

The trial of Laurent Gbagbo and Charles Blé Goudé to open on 28 January 2016. Today, 28 October 2015, Trial Chamber I of the International Criminal Court (ICC) rescheduled the trial’s opening statements in the case The Prosecutor v. Laurent Gbagbo and Charles Blé Goudé , initially scheduled on 10 November 2015, to 28 January 2016. On 27 October 2015, the Defence team for Mr Gbagbo submitted a request asking the Judges to order the attendance of the three experts appointed by the Chamber to provide their respective reports on Mr Gbagbo’s current heath condition, in order to provide the parties an opportunity to question the experts. The Chamber recalled that the purpose of ordering the medical examination was to facilitate the adjudication of any issues as to Mr Gbagbo’s fitness to stand trial, as well as any practical modalities needed to facilitate his attendance at trial. After examining the Defence’s request and the Prosecution’s observations, the Chamber decided to grant the Defence’s request and scheduled a hearing on 10 to 12 November. In light of this, and considering the Chamber’s obligation to carefully evaluate and consider the reports submitted by the appointed experts, as well as the parties’ observations in this regard, the Chamber re-scheduled opening statements to start on 28 January 2016. The trial was initially scheduled to commence on 10 November 2015 and the Office of the Prosecutor was to start its presentation of evidence in January 2016. The Chamber considered, in its decision today, that the new schedule is without prejudice to Mr Gbagbo and Mr Blé Goudé as the Prosecution shall commence with the presentation of its evidence directly after the opening statements in January 2016. Decision granting the request of the Gbagbo Defence and re-scheduling opening statements Background: Laurent Gbagbo, former President of Côte d’Ivoire, was surrendered to the ICC on 30 November 2011 and he first appeared before the Pre-Trial Chamber on 5 December 2011. On 12 June 2014, Pre-Trial Chamber I confirmed, by majority, four charges of crimes against humanity (murder, rape, other inhumane acts or – in the alternative – attempted murder, and persecution) against Laurent Gbagbo and committed him for trial before a Trial Chamber. Charles Blé Goudé, born on 1 January 1972 in Niagbrahio, Côte d’Ivoire, was surrendered on 22 March 2014 to the ICC by the national authorities of Côte d´Ivoire following a warrant of arrest issued by the ICC on 21 December 2011. On 11 December 2014, Pre-Trial Chamber I confirmed four charges of crimes against humanity (murder, rape, other inhumane acts or – in the alternative – attempted murder, and persecution) against Charles Blé Goudé and committed him to trial before a Trial Chamber. The crimes were allegedly committed in Côte d’Ivoire, between 16 December 2010 and on or around 12 April 2011.