ICC Pre-Trial Chamber I authorises the Prosecutor to open an investigation into the situation in Georgia Today, 27 January 2016, Pre-Trial Chamber I of the International Criminal Court (ICC) authorised the Prosecutor to proceed with an investigation for the crimes within the ICC jurisdiction, allegedly committed in and around South Ossetia, Georgia, between 1 July and 10 October 2008. Pre-Trial Chamber I is composed of Judge Joyce Aluoch, Presiding, Judge Cuno Tarfusser and Judge Peter Kovacs, who appended a separate concurring opinion. On 13 October 2015, the ICC Prosecutor submitted her “Request for authorisation of an investigation pursuant to article 15” of the Rome Statute, asking for authorization from Pre-Trial Chamber I to proceed with an investigation into the situation in Georgia, for war crimes and crimes against humanity allegedly committed in and around South Ossetia in 2008. On 4 December 2015, the Chamber received the representations by or on behalf of 6,335 victims on this matter. The Chamber noted that, according to article 15 of the Rome Statute, it has the mandate to ensure judicial control over the Prosecutor’s exercise of her proprio motu power to open an investigation in the absence of a referral by a State Party or by the United Nations Security Council. The Chamber also stressed that, in light of the procedural stage and the purpose of its control, the Chamber’s examination of the Prosecutor’s request must be strictly limited. After examining the request and the supporting material, the Chamber concluded that there is a reasonable basis to believe that crimes within the ICC’s jurisdiction have been committed in the situation in Georgia. Such crimes include crimes against humanity, such as murder, forcible transfer of population and persecution, and war crimes, such as attacks against the civilian population, wilful killing, intentionally directing attacks against peacekeepers, destruction of property and pillaging allegedly committed in the context of an international armed conflict between 1 July and 10 October 2008. The Chamber also found that potential cases arising out of the situation would be admissible before the Court and that there are no substantial reasons to believe that an investigation would not serve the interests of justice taking into account the gravity of the crimes and the interests of victims. In conclusion the Chamber granted the ICC Prosecutor’s request to proceed with an investigation into the situation in Georgia. Judge Peter Kovacs joined a separate opinion, indicating that while he shares the Majority’s views that there is a reasonable basis to proceed with an investigation into the Georgia situation, he differs with it on the scope and extent of the judicial control of the Prosecutor’s request, on the Chamber’s role in examining and eventually rectifying the Prosecutor’s assessment of the alleged crimes under the Court’s jurisdiction, and on the scope and the level of details required for the admissibility assessment. Decision on the Prosecutor’s request for authorization of an investigation      

European Commission discusses draft Schengen Evaluation Report on Greece Brussels, 27 January 2016 The College of Commissioners has today, in view of the findings and their significance, taken note and discussed a draft Schengen Evaluation Report on Greece. The Schengen evaluation mechanism, established in October 2013, provides for the verification of the application of the Schengen rules through monitoring visits to a given Member State by Commission-led teams with experts from Member States and Frontex. The draft Schengen evaluation report for Greece, drawn up jointly by Member States experts and Commission representatives, will now be sent to the Schengen Evaluation Committee which will give its opinion. The report will then be adopted by the Commission by means of an implementing act. Migration and Home Affairs Commissioner Dimitris Avramopoulos said: “If we want to maintain our internal area of free movement, we must better manage our external borders. This means that we will only save Schengen by applying Schengen. The Commission continuously monitors the implementation of the Schengen rules in all Schengen Member States. The draft Schengen evaluation report on Greece looks at the management of the external border during an evaluation visit of Member States and Commission experts in Greece in November. The report shows that there are serious deficiencies in the management of the external border in Greece. We know that in the meantime Greece has started undertaking efforts towards rectifying and complying with the Schengen rules. Substantial improvements are needed to ensure the proper reception, registration, relocation or return of migrants in order to bring Schengen functioning back to normal, without internal border controls. This is our ultimate common goal.” The draft report – which is not public – is based on unannounced site visits to the Greek-Turkish land border and to Chios and Samos conducted from 10 to 13 November 2015. The report looks at the presence of police and coast guard personnel on the inspected sites, the efficiency of the identification and registration process, sea border surveillance and cooperation with neighbouring countries. Whilst acknowledging that the Greek authorities are under pressure, the report notably finds that there is no effective identification and registration of irregular migrants and that fingerprints are not being systematically entered into the system and travel documents are not being systematically checked for the authenticity or against crucial security databases, such as SIS, Interpol and national databases. On this basis, the draft report concludes that Greece is seriously neglecting its obligations and that there are serious deficiencies in the carrying out of external border controls that must be overcome and dealt with by the Greek authorities. Schengen Evaluation Mechanism Schengen evaluations are carried out in Member States based on a multi-annual and an annual evaluation programme. Such visits can be announced or unannounced. Following each visit, a report is drawn up identifying any shortcomings and making recommendations for remedial action, with a deadline for their implementation. The recommendations are submitted by the Commission to the Council for adoption. As a follow-up, the Member State in question is required to submit an action plan setting out how it intends to remedy the weaknesses identified. Member States can be assisted in fulfilling the recommendations via practical and/or financial measures from the Commission, Frontex or other EU bodies. The Eighth bi-annual report on the functioning of the Schengen area of 15 December 2015 already announced that, depending on the results of the Schengen evaluations in Greece, specific measures as referred to in Article 19a and 26 of the Schengen Borders Code may be recommended. Procedures addressing exceptional circumstances If a Schengen Evaluation Report concludes that the evaluated Member State is “seriously neglecting its obligations under the Schengen rules” and if there are “serious deficiencies in the carrying out of external border control”, the Commission can propose recommendations, to be adopted by the Council, for remedial action to address any deficiencies identified during the evaluation. In order to ensure compliance with these recommendations, the Commission may, under Article 19a of the Schengen Borders Code, recommend that the evaluated Member State take certain specific measures, which may include the deployment of European border guard teams or the submission of a strategic plan setting out how the Member State will deploy its own personnel and equipment to address the concerns. The Commission’s proposals must be adopted by a Committee of the Member States, acting by qualified majority. The evaluated Member State then has three months to complete the remedial actions. Where, after three months, serious deficiencies persist and the measures taken have not proved sufficient to ensure the adequate remedy of these deficiencies, the Commission may trigger the application of the procedure provided for in Article 26 of the Schengen Borders Code. Under Article 26 of the Schengen Borders Code, if the measures under Article 19a have not been effective, the Council may, based on a proposal from Commission, recommend that one or more Member States reintroduce border controls at all or at specific parts of their internal borders as a matter of last resort, to protect the common interest of the Schengen area. The Council recommendation needs to be adopted by qualified majority. Under Article 26, and in the exceptional circumstances described above, controls can be reintroduced for a period of up to six months. This measure can be prolonged for additional six month periods up to a maximum duration of two years. For More Information: The Schengen Border Code Eight biannual report on the functioning of the Schengen area (15 December 2015) The Schengen Evaluation and Monitoring Mechanism Directorate-General for Home Affairs website    

Protecting the Rights of Victims of Trafficking Focus of Regional Conference in Brussels “Protecting the Rights of Victims of Trafficking for the Safe and Sustainable Return and Reintegration Process” was the topic of a regional conference organized in Brussels by IOM’s Regional Office and IOM France on 21 January.  The event attracted 55 experts from European Union (EU) institutions and agencies, including EU Anti-Trafficking Coordinator Myria Vassiliadou, EU member states and third countries, together with representatives from civil society and partner organizations.  The conference focused on the protection of the victims of trafficking and their rights, in particular during the return and reintegration process, as part of two EU-funded projects implemented in the framework of the 2012-2016 EU Anti-Trafficking Strategy. The two projects are: CARE (Coordinated Approach for the Reintegration of Victims of Trafficking returning voluntarily from Austria, Cyprus, France, Greece, Italy, Poland, Portugal, Spain and the United Kingdom); and TACT (Transnational Action – Safe and sustainable return of Victims of Trafficking returning from France, Greece, Italy, Poland and Spain to Priority Countries : Albania, Morocco and Ukraine.)  The meeting brought together countries of destination, transit and origin to take stock of the achievements and challenges in the area of victim protection, based on the experience of CARE and TACT. Key topics discussed included the early identification of victims, trafficking in children and ways to further intensify the efforts to protect children victims of trafficking or those at risk of being exploited. The importance of putting in place functioning coordination mechanisms linking stakeholders involved in protection and assistance at national and transnational levels was also highlighted. “Around half of EU member states have now formalized national referral mechanisms, to coordinate the actors involved in identification, protection and assistance, including health, justice, employment, law enforcement and border guards, consular and social services. It is in this spirit, and having a victim-centred approach, that the European Commission wants to ensure that we have a model for an EU transnational referral mechanism. I am assured that the IOM is the best placed organization to do that,” said EU Anti-Trafficking Coordinator Vassiliadou. The IOM report Enhancing the Safety and Sustainability of the Return and Reintegration of VoTs, drafted in the framework of CARE and TACT projects, was launched during the conference, and presents the recommendations drawn from their implementation, as well as reflections on the way forward towards functioning national and transnational referral mechanisms for improved victim protection.    

IOM: Migrant Arrivals in Greece Top 45,000 through January 25 Since the beginning of 2016, IOM estimates that 45,361 migrants and refugees have arrived in Greece by sea. This is roughly 31 times as many as the 1,472 recorded by the Greek Coast Guard for the whole of January 2015. Some 90 percent of the new arrivals are from Syria, Iraq and Afghanistan – the three countries whose nationals are allowed to pass freely from Greece into the Former Yugoslav Republic of Macedonia (FYRoM) en route to Western Europe. According to IOM’s Early Warning Information Sharing Network, implemented by IOM missions in Greece and the Western Balkans, an estimated 38,876 Syrians, Iraqis and Afghanis crossed into FYRoM in the two weeks ending January 21^st, nearly 47 percent fewer than in the preceding two weeks. IOM Greece also helped almost 400 stranded economic migrants to return home to their countries of origin as part of its Assisted Voluntary Return program. Most of the migrants were from Morocco, Iran and Georgia. But the death toll in the Mediterranean continues to rise. With a series of shipwreck fatalities since Friday, IOM has tracked over 150 deaths in the Eastern Mediterranean this year, along with 19 more in the Central Mediterranean, bringing the total number of deaths in 2016 to 177. Last year at this time there were fewer than 77. The journey from the Turkish coast to the Greek islands continues to be the deadliest route. The Greek  Coast Guard reported that at least 45 migrants lost their lives in three incidents off Lesbos (20/01), Farmakonisi (21/01) and Kalolymnos (21/01). They included 18 children. IOM has also seen increased activity in the Central Mediterranean in the past week. On Sunday 723 migrants were rescued at sea and brought to the Italian port of Trapani. One body was also brought ashore.

IOM, UNHCR, Partners Seek USD 550 Million for Europe’s Refugees and Migrants As continuing conflict in the Middle East and elsewhere drives people to seek refuge in Europe, IOM, UNHCR and some 65 other organizations yesterday appealed in Geneva to donors for USD550 million to support the ongoing humanitarian response. With global forced displacement at a record high of some 60 million people and increasingly impacting countries of the Global North, 2015 saw over a million refugees and migrants arriving in Europe by boat. Around 850,000 of these crossed from Turkey to Greece, with most continuing through the Balkans and towards Austria, Germany, Sweden and other western European countries. The appeal aims at funding humanitarian operations in 2016 across the affected countries, with approximately half of the funds allocated for Greece. Humanitarian operations will include aid and protection activities where people are arriving, including identifying those at heightened risk, registration, shelter, water and sanitation to bolster the capacity of frontline responders, including coastguards, border guards, police and support for affected communities. Help with relocation, resettlement and other regular solutions was also part of the appeal. For information on the Regional Refugee and Migrant Response Plan for Europe: Eastern Mediterranean and Western Balkans route open here: http://rmrp-europe.unhcr.org/.