The Prosecutor of the International Criminal Court, Fatou Bensouda, requests judges for authorisation to open an investigation into the Situation in Georgia.

  Today, the Prosecutor of the International Criminal Court (“ICC” or the “Court”), Fatou Bensouda, requested authorisation from the Court’s Judges to initiate an investigation into the alleged war crimes and crimes against humanity in relation to the August 2008 armed conflict in Georgia. For this purpose, the Prosecutor requested to proceed with an investigation into the Situation in Georgia for the period from 1 July to 10 October 2008. The Situation in Georgia has been under preliminary examination by the Office of the Prosecutor since August 2008, when armed clashes between the breakaway region of South Ossetia and Georgia degenerated into an armed conflict, which also involved the Russian Federation. The Prosecutor finds a reasonable basis to believe that war crimes and crimes against humanity were committed during in the context of the armed conflict. This includes alleged crimes committed in the context of a campaign to expel ethnic Georgians from South Ossetia as well as attacks on peacekeepers by Georgian forces, on the one hand, and South Ossetian forces, on the other. The information available to the Office of the Prosecutor indicates that between 51 and 113 ethnic Georgian civilians were killed as part of a forcible displacement campaign conducted by South Ossetia’s de facto authorities, with the possible participation of members of the Russian armed forces. Between 13,400 and 18,500 ethnic Georgians were forcibly displaced and more than 5,000 dwellings belonging to ethnic Georgians were reportedly destroyed as part of this campaign. The Office of the Prosecutor alleges, based on the information in its possession, that these offences, together with attendant crimes of looting and destruction of civilian property, were committed on a large scale as part of a plan and in furtherance of a policy to expel ethnic Georgians from the territory in South Ossetia. As a result, the Prosecutor estimates that the ethnic Georgian population living in the conflict zone was reduced by at least 75 per cent. The Prosecutor also finds a reasonable basis to believe that both South Ossetian and Georgian armed forces committed the war crime of attacking personnel or objects involved in a peacekeeping mission.  Georgian peacekeepers were reportedly heavily shelled from South Ossetian positions, killing two Georgian peacekeepers and injuring five more.  In a separate incident, ten Russian peacekeepers were reportedly killed and 30 wounded as a result of the attack against their facility by Georgian forces. The Russian peacekeeping force’s base was reportedly destroyed, including a medical facility. Until recently, the competent national authorities of both Russia and Georgia were engaged in conducting investigations against those who appeared to be most responsible for crimes which are the subject of this application. More recently, however, national proceedings in Georgia have stalled. With no foreseeable resumption apparent, and no other investigations in relation to such conduct underway in other States, the Prosecutor has assessed that the potential case relating to the forcible transfer of ethnic Georgians would be admissible due to State inaction. The potential case relating to the intentional directing of attacks against peacekeepers and peacekeeping facilities would be partially admissible at this stage, in consideration of on-going proceedings in the Russian Federation. Furthermore, there are no substantial reasons to believe that the opening of an investigation would not serve the interests of justice, taking into account the gravity of the crimes and the interests of victims. Indeed, victims continue to call for justice in relation to these events. The Prosecutor filed her request today. As required by Court’s Regulations, the Prosecutor has also, today provided notice to victims or their legal representatives of her intention to request authorisation and informed them that they have 30 days to make representations to the Court’s judges. Should ICC Judges grant the Prosecutor authorisation to proceed, she will open an investigation into alleged crimes committed in the Situation in Georgia. As with all the activities of the Office of the Prosecutor, that investigation will be conducted with full independence and impartiality. Based on the evidence collected by the Office during the course of the investigation, the Prosecutor may request ICC Judges to issue either summons to appear or arrest warrants for against those believed to be most responsible, no matter who the perpetrator, for alleged atrocity crimes committed in Georgia.

On the picture the President of the European Council Donal Tusk and HM The King of the Hashemite Kingdom of Jordan.   European Council President Donald Tusk paid a short visit to Amman arranged by the kingdom’s Head of Mission to the EU, HE Ambassador Dr. Yousef Bataineh on September 20. President Tusk held talks with His Majesty King Abdullah II bin El Hussein of Jordan. Moreover with Deputy Premier and Minister of Foreign Affairs, Nasser Judeh. Ambassador Dr. Bataineh used to be the latter’s chief of cabinet.

The Association Agreement between Jordan and the EU entered into force in May 2002. Beyond this agreement, cooperation with Jordan has been regulated since 2005 by an action plan within the framework of the European Neighbourhood Policy (ENP). For more information: Mission of Jordan to the EU, Belgium, Luxembourg, and Norway: www.jordanembassy.be  

A new International entity touches down in The Hague   By Roy Lie A Tjam. The Wildlife Justice Commission has been launched to convene sectors in the fight against transnational wildlife crime at the Academy Building of the Peace Palace on 2 October 2015. The Wildlife Justice Commission hosted its first summit convening leading experts in financial and organized crime, economic development, governance and wildlife. The Summit’s main aim is to help further drive knowledge sharing to combat the exponential rise in wildlife crime. Estimated at a value of $23 billion per year, illicit wildlife trade is orchestrated by sophisticated, transnational criminal networks and is closely associated with other serious crimes such as corruption, fraud, money laundering and tax evasion. “The complex nature of wildlife crime requires global collaboration in new and creative ways, across the known divides and silos,” stated Sam Muller, executive director of the Wildlife Justice Commission during the summit. “The Wildlife Justice Commission Summit brings together a diverse group of people to explore how we work more together to end the impunity that reigns in this area. We must disrupt the trade by making it less easy and lucrative.” The Wildlife Justice Commission’s approach to combatting wildlife crime is to work in complementarity with others – states, international organisations and civil society organisations. The Summit, which appropriately was staged at the Peace Place in The Hague, analysed the many facets of wildlife crime. It also looked at the fact that wildlife crime destroys the rule of law and the social cohesion of entire societies. From this foundation, different strategies to deal with wildlife crime were examined, focusing in particular on accountability and ending impunity. The Summit centered around a panel consisting of Serge Brammertz, chief prosecutor of the International Criminal Tribunal for the former Yugoslavia; Michael Wamithi, former CEO of the Kenya Wildlife Trust; Tom Keatinge, director of the Centre for Financial Crime & Security Studies at the Royal United Services Institute, UK; and His Royal Highness Senior Chief Inyambo Yeta of the Royal Establishment of Barotseland in Zambia. The panel was moderated by Her Royal Highness Princess Laurentien of the Netherlands in her capacity as president of Flora and Fauna International. She commented: “The urgency of addressing this complex global problem cannot be underestimated. Wildlife populations are being decimated under our own eyes. Combining expertise across the globe is the only way forward. This important initiative provides the momentum we so need.” “Like all organised crime, the illegal wildlife trade is about money,” said Tom Keatinge. “Because financial crime and wildlife crime are so inextricably linked, banks and other financial sector participants can be valuable allies in disrupting illegal wildlife trade.” The Dutch Minister for Agriculture, Sharon Dijksma, and Alderman of The Hague, Rabin Baldewsingh also attended the Summit. During the summit Minister Dijksma announced that wildlife crime is a major priority for her Ministry moving forward and that the Ministry has made a commitment to support the Wildlife Justice Commission through a substantial grant. “Wildlife crime is a major international priority. That’s why the Ministry will support the Wildlife Justice Commission financially and why we plan to host, in early 2016, a global conference focused on wildlife crime.” About the Wildlife Justice Commission: The Wildlife Justice Commission is an independent organization founded by the world’s leading criminal justice and wildlife experts. It aims to disrupt transnational wildlife crime networks by building cases against key perpetrators and holding local governments and law enforcement agencies accountable to take action. Based in The Hague, the Wildlife Justice Commission is currently funded through grants including those provided by the Dutch National Postcode Loterij, WWF Netherlands, Peace Parks Foundation and the city of The Hague.

On 8 October 2015, the Presidency of the International Criminal Court (“ICC” or the “Court”) assigned the Situation in Georgia to Pre-Trial Chamber I, following a notification by the Prosecutor, Mrs Fatou Bensouda, of her intention to submit a request to a Pre-Trial Chamber for authorisation to open an investigation into the situation in Georgia. Pre-Trial Chamber I is composed of Judge Joyce Aluoch (Presiding), Judge Cuno Tarfusser, and Judge Péter Kovács. Georgia deposited its instrument of ratification to the Rome Statute, the Court’s founding treaty, on 5 September 2003. The ICC Prosecutor announced the preliminary examination of the Situation in Georgia on 14 August 2008. On the basis of the information available, Prosecutor Bensouda has concluded that there is a reasonable basis to believe that crimes within the jurisdiction of the Court have been committed in Georgia in the context of the armed conflict of August 2008. The Prosecutor indicated that, pursuant to article 15(3) of the Rome Statute, she will shortly submit a request to the Pre-Trial Chamber for authorisation to open an investigation into this Situation. Once the Prosecutor will have submitted her request, it will then be for the Judges of Pre-Trial Chamber I to decide whether or not to authorise the Prosecutor to open an investigation into the Situation. The Judges will have to consider whether there is a reasonable basis to proceed with an investigation, upon examination of the Prosecutor’s request and the supporting material. The Prosecutor will be releasing a public statement following the submission of her request under article 15(3) of the Rome Statute.