On the picture Ethiopian Foreign Minister Dr. Tedros Adhanom and Federica Mogherini – Picture by EU.By Mission of Ethiopia to the EU, Embassy to the Benelux countries.
12 to 13 January 2015, Brussels: the Foreign Minister of the Federal Democratic Republic of Ethiopia H.E. Dr Tedros Adhanom was on official visit in Brussels, accompanied by a high-level delegation of the Ministry of Foreign Affairs.
During his visit, H.E. Dr. Tedros held several meetings with EU officials including EU High Representative/Vice President of the European Commission, several EU Commissioners and members of the European Parliament.
The discussion between Minister Tedros and HRVP Federica Mogherini underlined that the European Union would continue its strategic engagement with Ethiopia to support reforms and the promotion of social and economic growth through its development cooperation programs. A first step for this will be the signing of a strategic partnership agreement and organizing an EU-Ethiopia Business Forum on the second quarter of this year.
The High Representative and the commissioner for Migration also discussed with the Foreign Minister the follow-up of the agreement on Common Agenda on Migration and Mobility signed in November last year on the margins of La Valletta Summit. High Representative Mogherini recognized Ethiopia’s significant effort in hosting more than 700,000 refugees. It was agreed that the EU and Ethiopia would “work together to tackle irregular migration, including return, and to better take advantage of the opportunities provided by well-managed migration.”
Both partners also welcomed the fact that the EU Emergency Trust Fund for Africa had already started financing projects in Ethiopia. During the discussion, HRVP Mogherini and Minister Tedros have raised and discussed range of issues notably the Horn of Africa peace and geopolitical situations where Ethiopia is playing a crucial role in terms of peace, security and stability and that the EU would continue to support these efforts. The Foreign Minister also updated the HRVP on the recent protest in Oromiya region to which the Minister explained the reality on the ground.
In another meeting with Dr. Tedros, the European Commissioner for Humanitarian Aid, Mr. Christos Stylianides, noted that the El-Niño induced drought needed quick intervention and collaboration and expressed EU’s utmost solidarity with the people of Ethiopia, adding that the EU was looking for updated assessment on the recent drought in a bid to enhance more support.
During a discussion with Neven Mimica, EU Commissioner for International Cooperation and Development, they underlined the importance of scaling up various areas of bilateral and regional partnerships, including Ethiopia’s progresses, enhancing development cooperation and promoting regional integration in various economic and infrastructure frontiers. It was to the pleasure of our delegation to hear from Commissioner Mimica that depending on the effective and efficient utilization of the funds allocated to Ethiopia on the 11th EDF, there would be a possibility to get additional funds to finance projects after the mid-term review.
Owning to the fact that Ethiopia’s strong track record of prudent use of funds only to their intended purposes, we strongly believe that Ethiopia will get additional funds. H.E. Dr. Tedros also met Mr. Gilles de Kerchove EU Counter-Terrorism Coordinator, who commended Ethiopia’s unparalleled role in maintaining peace and stability as well as forging integration projects in the Horn of Africa. He expressed EU’s solidarity with Ethiopia in the fight against extremism and terrorism, and asserted that given Ethiopia is a stable country in the chaotic and an unstable region, cooperation in the intelligence areas will also be considered.
Commissioner Christos Stylianides in charge of Humanitarian Aid and Crisis Management and Dr. Tedros Adhanom – Picture by European Commission.The meeting with MEP Louis Mitchel, MEP Elmar Brok and MEP Linda McAven was also a good opportunity to discuss various issues of interest to both Ethiopia and the European Union. This visit was organized as a follow up meeting to the high level visit of EU delegation led by HRVP Mogherini to Ethiopia in October 2014, during which the Ethio-EU engagement was agreed to be elevated ;to a higher level. The official relations between Ethiopia and the European Union were established 40 years ago.
Both partners successfully cooperate in areas such as development, international migrations and stability in the Horn of Africa. The continuous and increased development cooperation, the signing of Joint Declaration for a Common Agenda on Migration and Mobility, the agreement to elevate the relationship to a higher level and to organize an EU-Ethiopia business form and the ever increasing mutual understanding between the two sides attest this strong relation.
For more information:
Mission of Ethiopia to the EU, Embassy to the Benelux countries:http://www.ethiopianembassy.be/en/
On the picture Dominican Republic dance group.
Vakantiebeurs, in Utrechtt is with more than 1.200 exhibitors one of the most important touristic consumer events in the world. Traditionally, Tuesday and Wednesday are the two trade days and Ambassadors from many countries participated to the opening activities today.
For a Kim Vermaat’s photo album, please click here:https://www.flickr.com/photos/121611753@N07/albums/72157663329720781H.E. Mr. Ittiporn Boonpracong, Ambassador of Thailand.
For many Dutch people, going on holiday is ‘a part of life’. A nation of curious travellers, spending a lot of time and money on holidays, recreation and relaxation. Vakantiebeurs visitors are inspired by the most beautiful destinations worldwide; besides gathering information hundreds are there also for good food and lifelike experience, for example:
wandering around on a magical ‘1001 night’ bazaar
taking the kids to the best Camping by Night: 4 seasons!
a real-life adventure in the colorful Africa! Hall
enjoying bites from all over the world during the culinary trail
finding your new traveling companion at the meeting plaza
ultimate relaxation at the wellness point
meeting locals and enjoying new cultures
H. E. Mr. Gabriel Edgardo Aguilera Peralta, Ambassador of Guatemala and Claudia de León Aguirre Trade Commissioner, Guatemala Trade & Investment Office.
The tradeshow has been divided into sections like holiday type and geographic location:
– DISCOVER Far-away destinations
– ACTIVE Outdoor & Sports
– SEE Cities & culture
– TOGETHER Family & children
– SAIL Cruises & sailing
– OUTDOOR Camping
– WELLNESS
H.E. Mr. Franz Josef Kremp, Ambassador of Germany.
On 6 February of this year, the 48th Wiener Ball takes place in Grand Hotel Huis ter Duin in Noordwijk aan Zee. This particular gala is like a time capsule, taking the guests straight back to the 19th century imperial and royal courts of Europe, when young people presented themselves to their peers by performing an elaborate formation dance. This tradition has been preserved at the Wiener Ball, open to everybody who wants to enjoy an evening of dance and/or conversation by the sea.Strolling from one ball room to another, the guests enjoy a variety of music styles and, more importantly, a unique and relaxed mix of generations, families and influencers from business, diplomatic, military and political worlds. A feast for the eyes too: the dress code ensures that the men look smashing in their uniforms and white ties and and that the ladies shine. But the real stars of the evening are the sixty-four debutants, who have undergone intensive training by the expert Austrian dance master, to open the ball with their dances. The young ladies in snow white dresses and tiaras, accompanied by their sharp looking dance partners, are eager to show the fruits of their exercise. Wiener Ball.Later that evening the debutants will engage the guests by selling tombola tickets, of which the proceeds go to SOS Kinderdorpen. The list of prizes is impressive. A professional singer will entertain the guests, taking the weight of minds and feet for a moment. And during the entertaining Midnight Quadrille, even those thinking they cannot dance find themselves on the dance floor! Tired? Want to chat? Sit at one of the small tables in the Wiener Kaffee, enjoy some typically Austrian sweet snacks. Dancing can be done to the music by the authentic Viennese orchestra or the more modern Hoytema Band. At 2.00 AM the Wiener Ball formally closes, though for those who want to dance the night away, the discothèque will be open until sunrise.For more information or to book a table for you and your guests, or for individual tickets, please visit www.wienerball.nl. Please check the special arrangements for dinner prior to the Wiener Ball and the option to spend the night at Grand Hotel Huis ter Duin. For any query, please contact the Ballbureau at welkom@wienerball.nl. Photography by the Wiener Ball NL.
The honourable Jeanine Hennis-Plasschaert, Dutch Minister of Defence. We have reached our third year.
We have seen Diplomat Magazine evolve from a novel concept into a reliable information platform for the diplomatic and international community; an important working tool for diplomats and academics; a creator of events promoting the art and culture of peoples; a cyber sphere bringing together ideas from all over the world; a unique public relations facilitator; and a staunch supporter of the causes of justice and peace.
When the idea of the publication was first conceived, we asked ourselves: what can a diplomatic magazine offer? We now have an answer – Diplomat Magazine connects diplomats and make participation possible.
Please click on the image or link below http://issuu.com/diploflying/docs/diplomat_magazine_netherlands
In times of rapid change with uncertain outcomes, we are proud to have our main article signed by H. E. Jeanine Hennis-Plasschaert, Dutch Minister of Defence, who provides an update on the Netherlands’ approach to coping with the turmoil of an unstable world.
In this issue, Diplomat Magazine focuses on inclusion, participation, innovation and the future. Among other highlights, we report on the visit of President Paul Kagame, whose célèbre speech was welcomed by an audience of more than 4,000 in Amsterdam.
We present articles by the prosecutor of the ICC, Fatou Bensouda, who gives us an exclusive insight into her daily work against war crimes, genocide and crime against humanity; andJamie Shea, who elaborates on the challenges facing NATO. Archbishop H. E. Aldo Cavalli talks about earth, refugees and modern slavery, while Marc Petermann offers his perspective on the refugee crisis in Europe.
Contributions to this edition are many and varied. Ambassadors from 15 countries expound on economics, global diplomacy, history, art, politics and future global challenges, and we bid farewell to the Ambassadors of Croatia, Sudan and Iraq. Jordan talks global water issues, and Albania has opened a new art gallery in town. We hail the success of Expo Milano, as well as Germany’s great support for the OPCW.
Read also in this special issue about diplomacy in a digital age by distinguished Professor and Clingendale Senior Research Fellow, Jan Melissen.
Enjoy our reports on a series of successful diplomatic events, as well as the role of the diplomatic spouse, as told by an ensemble of Ambassadors’ wives meeting at the emblematic Peace Palace of The Hague.
We wish to thank the Ambassadors of Armenia, Bangladesh, China,El Salvador, Estonia, Georgia, Iran, Italy, Kenya, Kosovo, Lebanon,Pakistan, Rwanda,Serbia, Slovenia, Tunisia, Ukraine and Venezuela for their incredible support on the establishment of the first Embassy Art Exhibition, organized by Diplomat Magazine and the gallery Patrice van Dorst, which will become an annual event.
Thanks also to the Diplomat Magazine team, including our great photographers and inspiring junior contributors. We hope you enjoy the issue.
For all the very latest diplomatic news, views, photos, events and more, just go to www.diplomatmagazine.eu.
For previous printed editions go to : https://diplomatmagazine.eu/local-news-2/
The Netherlands is set to invest 1.5 million euros to make it more difficult for people smugglers to operate in the Sahel region. Those were the words of the Minister of Foreign Affairs Bert Koenders on Wednesday, following talks with Angel Losada Fernandez, the new EU Special Representative for the Sahel region.
‘The situation in the Sahel region is turbulent and unstable. As a result, the region is rife with smugglers and extremist movements. The international community needs to invest in the area in order to put an end to this,’ remarked Mr Koenders, who also called on other countries to do more in the Sahel region.
Combats organised crime
The Dutch contribution comprises support for the UN programme that combats organised crime in the Sahel region, which ought to reduce the opportunities for human smugglers. In addition, together with the United States, the United Kingdom and Denmark, investments are being made in improving security in the border area between Mali, Niger and Burkina Faso. By supporting collaboration between the security services and locals across the national borders, the borders should become less porous.
The funds are on top of the 3 million euros which the Netherlands previously set aside for the Sahel region at the large migration summit in Valletta and the Dutch contribution to water, food security and entrepreneurship programmes in the region. The previous contribution will mainly be used to combat the root causes of migration and radicalisation.
Opportunities for young people
The Minister for Foreign Trade and Development Cooperation, Lilianne Ploumen, also spoke to Mr Losada on Wednesday. According to her, it is essential for young people in the Sahel region to have more opportunities. ‘In the Sahel region over forty million young people are at risk of ending up in a hopeless situation due to a lack of education, jobs and prospects for the future. By investing in young people, they will have a brighter future and we will reduce the chances of them falling victim to smugglers or extremists,’ said Ms Ploumen.
According to the ministers, attention is needed for the Sahel region in order to improve the situation on Europe’s borders. Mr Koenders and Ms Ploumen are concerned that the distressing number of refugees will only continue to rise if the situation in the Sahel region does not improve. ‘If we don’t tackle these problems, the influx of migrants could increase quite dramatically in two to three years,’ remarked Mr Koenders.
The road to Europe that travels through the Sahel region – Chad, Niger, Mali, Mauritania and Burkina Faso – is currently one of the deadliest and most dangerous smuggling routes in the world. Approximately 120,000 African young people now travel through Niger to Libya and Europe each year.
In order to cope with the turmoil in a less secure world, it is obvious that we need more defence. The Dutch armed forces are therefore being strengthened. As an important first step the Ministry of Defence will receive an extra 220 million euros next year in order to improve the readiness of the forces. A figure that will rise to 345 million euros in 2020. The annual budget for the deployment of Dutch forces in international missions will also be increased by 60 million euros. Moreover the Dutch government has announced its readiness to further invest in the armed forces. There is no question that we are living in an era of rapid change with uncertain outcomes. The demands placed on our armed forces are likely to increase even more. We must continue to invest in future-proofing our military. This requires a steady hand in a gradual and long-term approach. By H.E. Jeanine Hennis-Plasschaert, Ministry of Defence of the Kingdom of the Netherlands.
Minister visits Dutch Marines on a mountain training mission in Schotland.
The world in turmoil
There is no question that our security environment has changed for the worse. The instability and conflicts surrounding Europe are undeniably having a deleterious impact on our societies. The recent terrorist attacks on Paris as well as a number of foiled terrorist attempts are a potent reminder of this. Youngsters from Europe are moreover lured to participate in gruesome acts of terror in the Middle East. Bad governance, religious extremism, demographic developments, climate change and a scarcity of natural resources have resulted in a toxic mix in much of the world. This toxic mix of mishap has also induced an increasing number of migrants to knock on the European door. In addition, Russia continues to be a liability to European security.
Europe needs to bring stability to the arc of conflict that now surrounds it. This truly is a daunting challenge. It probably even is a generational challenge, involving the whole gamut of (policy) instruments that we have at our disposal. But it is the challenge at hand. And it is clearly in the interest of all our nations. For everyone involved, there is much at stake and no time to lose. We simply need to protect and defend everything we hold dear, our security and our freedom above all.
Erbil, northern Iraq. 14 May 2015.
Improving the readiness of our forces
Our first priority is to strengthen the Dutch armed forces’ basic operational readiness. In NATO, we are helping to improve the responsiveness of the forces in order to deter — and, if necessary, defend against — any attack. The Netherlands is actively contributing to implementing the Readiness Action Plan and the Very High Readiness Joint Task Force (VJTF). Recently, we have also signed the founding declaration for the Joint Expeditionary Forces.
By making more people and military materiel available and exercising them more often, we can enhance the rapid deployment of our operational units. And with more reserve parts, stocks can be increased, allowing for faster repair of materiel. It will take time until the effects of measures become tangible at the level of operational units. In the coming years, however, they should lead to a substantial improvement in the armed forces’ basic operational readiness and deployability.
In the coming years, the Dutch government intends to also strengthen the combat support and combat service support units as well as the combat units of the Dutch armed forces. And yes, we need to ensure that we can replace indispensable military capabilities.
North Atlantic Council meeting.
Intensifying international cooperation
I am a strong proponent of greater European defence cooperation. Europe needs to be a much more convincing and credible security provider than it has been. In addition to enhancing our basic operational readiness, the Dutch military will therefore continue to build on its already intensive collaborative partnerships. One example is the treaty the Netherlands signed last March with Belgium for joint air policing. Another is the integration of the Dutch 43rd Mechanised Brigade into a German armoured division. A German tank battalion – one company of which will be staffed by Dutch military personnel – will in turn become part of this Dutch brigade. This arrangement allows us not only to retain our knowledge and skills in operating tanks but also to enhance the deployability and sustainability of our armed forces. The Dutch military is keen to further intensify its cooperation at the European level.
In the first half of 2016, the Netherlands will assume the Presidency of the European Union. During those six months, we will strive to make defence cooperation in Europe less noncommittal. A stronger Common Security and Defence Policy is in the interests of not only the EU but also of NATO. It is high time to tackle the European overreliance on the US.
Way ahead
I am pleased with the path we have embarked on. Clearly, we are not yet where we should be. But the reality is that we are once again moving forward.
Visit Norwegian Minister of Defence.Planned deployment of the Dutch armed forces in 2016In addition to strengthening the armed forces, the Netherlands will continue in 2016 to deploy units for overseas missions. The deployment of the armed forces will be focused on the fight against ISIL, with four operational F-16s and approximately 200 soldiers. We will also be providing 130 trainers for the Iraqi and Kurdish security forces in Bagdad and North Iraq. The Dutch military contribution of some 450 soldiers to the UN mission in Mali (MINUSMA) has been extended until the end of 2016. The Netherlands also contributes to the Resolute Support mission in Afghanistan. In 2016, a number of small contributions to missions in Africa and the Middle East will be continued, including the contributions to the European Union Training Mission in Somalia and the Capacity Building Mission Iraq. The Dutch government will decide before the end of this year whether to continue the Netherlands’ contribution to the EU operation Atalanta against piracy in the Horn of Africa in 2016. Vessel Protection Detachments will continue to be used to protect merchant shipping.Moreover, in 2016 the Netherlands will be providing an extensive contribution to the new NATO Response Force. In the second half of 2016, the Netherlands will also contribute to the EU Battlegroup.For Information:https://www.government.nl/ministries/ministry-of-defencePhotography: Minister van defensive
By Barend ter Haar.Back to Diplomacy is the title of the report of a Panel of Eminent Persons that was presented to the Ministerial Council of the OSCE in December 2015. Because of the climate conference that simultaneously took place in Paris, the report received little attention. However, it should not only be read by diplomats but also, and in particular, by their political masters, because implicitly the report addresses their role in promoting and subsequently neglecting peace and security in Europe and in the wider world.
The main task of the Panel was to consider how the idea of co-operative security could be re-launched. This question goes not only to the heart of the future of the OSCE, but also the heart of the future of the European Union and the United Nations. These three organisations differ in several respects, but they have a lot in common. They were all founded by politicians that dared to look beyond the short-term national interests of their countries and dared to express their vision of security as a common project. In other words: they recognised that lasting security cannot be attained at the expense of the security of other states, but only by building common security.
That requires a common view on what the threats are. The panel noted that since a number of years this common view is missing. There is in particular “no agreed view, no common analysis” of the issues that keep Russia and the West apart.
What makes things worse is that many of the current generation of politicians pride themselves on having no vision and no willingness to look beyond short national interests. For them diplomacy is a superfluous luxury. Why should you listen to others if you are not interested in their point of view? Why should you look for common ground if you are only interested in promoting your own interests?
Off course, there are very strong arguments for doing just that: listening to others and looking for common ground, in short: for diplomacy. But many politicians seem to think that their voters only want direct action, such as building new iron curtains and bombing enemy positions, and seem to fear that their voters will run away if they use their common sense.
Diplomacy alone will not suffice to address the current crises, but it is essential. It is therefore to be hoped that in 2016 more politicians will have the courage to go back to diplomacy.
On the picture, Europol headquarters in The Hague.Operation Blue Amber against organised crime results in nearly 900 arrests in 2015.
Nearly 900 arrests and 7.7 tonnes of drugs seized: these are only a few of the final results from Operation Blue Amber, a series of international actions in 2015 led by EU Member States and supported by Europol.
Operation Blue Amber is a unique operation that led to law enforcement officers from 28 EU Member States, 31 non-EU countries and other international partners joining forces to disrupt organised crime groups and their criminal infrastructure. In 2015, several simultaneous interventions and action weeks took place across the world.
Operation Blue Amber is a series of global actions to target organised crime. The operation, which follows the successful one-week Operation Archimedes in 2014, focused on ‘EMPACT’[1]riority crime areas such as drugs trafficking, irregular immigration, organised property crime and counterfeit goods. Coordinated interventions took place throughout 2015 at airports, border-crossing points, ports and specific crime hot spots in towns and cities.
The final results of Blue Amber include:
Nearly 900 arrests made relating to drugs trafficking (257), property crime (281), and facilitation of irregular immigration (60);
263 arrests of fraudsters during the Global Airline Action days, which targeted criminals suspected of fraudulently purchasing plane tickets online using stolen or fake credit card data;
5 tonnes of cocaine, 2.1 tonnes of cannabis, 280 kg of synthetic drugs and 82 kg of heroin seized;
254 vehicles, 190 tonnes of counterfeit pesticides and almost EUR 140 000 euros in cash confiscated;
1400 tonnes of stolen metal seized.
The Luxembourg Presidency of the Council of the EU organised Operation Luxcar, focusing on vehicle theft. “More than 250 stolen vehicles were seized in a two-day international coordinated action, several new investigations were initiated with the support of many police officers in the EU and the support of Europol’s experts,”says Steve Schmitz, the coordinator of Luxcar for the Luxembourg Police. “Property crime, and more specifically vehicle crime, continues to pose a threat to all EU citizens.”
“These operational activities, with a comprehensive focus on EU illicit drug entry and transit points, served as an example of how effective coordinated and joined up LE action can be in the fight against determined organised crime groups facilitating the trafficking of dangerous drugs into Europe’’.
Keith Ditcham– Coordinator drugs action week – NCA – UK
Operation Blue Amber also included two drugs action weeks. Synthetic drugs trafficking and the use of small postal parcels to traffic the drugs is a key issue for many European countries. “During the Blue Amber drugs action weeks, the focus was specifically on this modus operandi of trafficking. In total, nearly 300 kg of synthetics were seized in and outside the European Union,”says Johan Nooijens, Chief Inspector, National Police Agency Netherlands, and co-driver for ‘Empact Synthetic Drugs’.
“The joint action days (JADs)[2] on drugs were successful for us. The international information exchange and coordination is the key to success against these types of international organised crimes. Under the upcoming Dutch Presidency, joint action days on drugs will be organised and strongly supported again.”
Liaison officers from the EU Member States and colleagues from other international partners coordinated the exchange of information and intelligence between national law enforcement authorities from a 24/7 operational coordination centre at Europol’s headquarters in The Hague. Europol specialists and analysts provided support from its headquarters and also on the spot in EU Member States.
Rob Wainwright, Director of Europol, is determined to continue to support such investigations in the future: “Criminals do not take borders into account and they need to know that they are no longer safe anywhere. It is our duty as law enforcement agencies to continue this international cooperation to tackle organised crime. Europol is committed to supporting national law enforcement agencies with its unique intelligence and technical capabilities.”
The whole operation was overseen by the EU’s Standing Committee on Operational Cooperation on Internal Security (COSI) of the Council of the EU. Its Chairperson Ms Andrée Colas commented: “The EMPACT joint action days (JADs) are a good example to demonstrate how enhanced coordination of law enforcement operations leads to concrete operational results. As chair of COSI, the committee providing strategic guidance to the planning of the JADs, I am very pleased with the outcome of Blue Amber and encourage all EU Policy Cycle partners to develop the JAD concept further.”
By Elizabeth Naumczyk and Duke Michael of Mecklenburg (reported on Judge Howard Morrison’s speech).
Commemorative lecture ‘70 years Nuremberg’
To commemorate the 70th anniversary of the Nuremberg Trials against the principal perpetrators of the Hitler regime the Peace Palace Library held the Commemorative Lecture ’70 Years Nuremberg’ in the Auditorium of the Academy Building of the Peace Palace on the afternoon of 14 November, 2015.
After the opening remarks by the Director of the Peace Palace Library, Mr Jeroen Vervliet, the three speakers were introduced: H.E. Justice Shirin Avis Fisher, Residual Special Court of Sierra Leone (SCSL), H.E. Judge Howard Morrison, International Criminal Court (ICC) and Mr. Alex Fischer, researcher at the Philipp University of Marburg, Germany.
Judge Fisher’s topic was Gender Crimes in International Criminal Justice. She started by saying that the Nuremberg Trials, despite their criticism as victor’s justice, their legacy and uniqueness as part of the annals of jurisprudence, including the establishment of foundation legislative documents cannot be disputed. There were four judges from four countries, five different legal systems and four different languages. Between 1945-1949, 22 of the important leaders of the Third Reich were put on trial, culminating in 13 trials. The Charter of the Tribunal does not mention specifically gender crimes and ‘war and rape’ are not listed.
The Nuremberg Trials other legacy was that it provided an accessible record in all the six United Nations official languages, with press coverage to assure the German population of the substantial evidence at hand. Evidence requires participation with particular subjects being accommodated to provide testimony and have their voices heard, even if corroboration is not always possible. The Nuremberg Trials facilitated this and now we can identify the gender crimes of sterilization, medical experiments, rape and sexual humiliation. We now see that such crimes cannot be treated as gender neutral.
Trials are important to the development of gender law and 50 years later at The International Tribunal for the former Yugoslavia (ICTY, 1993) and The International Criminal Tribunal for Rwanda (ICTR, 1994) sexual violence and rape were regarded as a serious crime in international law as any other crime because of the disproportionate sexual violence. At the ICTY and ICTR rape was illegal under customary international law and in Article 2 and 5 of the Statute of the ICTY it states it is a crime against humanity, alongside torture and extermination. In 2001, the ICTY became the first international court to find an accused person guilty of rape as a crime against humanity.
In 1998, the ICTR became the first international court to find an accused person guilty of rape as a crime of genocide. Rape against Tutsi women was used to perpetrate genocide and constituted a war crime and crime against humanity.
The Special Court for Sierra Leone (SCSL) expanded rape, as a crime against humanity to include sexual violence in many forms such as prostitution and forced pregnancy, Article 2 (g) (i) of the Statute of the SCSL. The definition of forced marriage was not listed separately under its Statute but was developed through case law as a crime against humanity and a crime of sexual violence. Judge Doherty in her partially dissenting opinion in Trial Chamber II in The Armed Forces Revolutionary Council (AFRC) case, said forced marriage qualifies as an “Other Inhumane Acts” causing mental and moral suffering, which was upheld on appeal.
The creation of the International Criminal Court (ICC) at the Rome Conference in 1998 allowed the drafters to adopt the Rome Statute which came into force in 2002. The OTP issued a Policy Paper on Sexual and Gender Based Crimes in June 2014 https://www.icc-cpi.int/iccdocs/otp/OTP-Policy-Paper-on-Sexual-and-Gender-Based-Crimes–June-2014.pdf and the Executive Summary states “The Statute of the ICC is the first international instrument expressly to include various forms of sexual and gender based crimes including – rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, and other forms of sexual violence – as underlying acts of both crimes against humanity and war crimes committed in international and non-international armed conflicts. The Statute also criminalises persecution based on gender as a crime against humanity. Sexual and gender based crimes may also fall under the Court’s jurisdiction if they constitute acts of genocide or other acts of crimes against humanity or war crimes. The Rules of Procedure and Evidence … and the Elements consolidate important procedural and evidentiary advancements to protect the interests of victims and enhance the effectiveness of the work of the Court.” The Office of the Prosecutor has made sexual and gender based crimes one of its Key strategic goals in its Strategic Plan 2012-2015.
The second speaker was Judge Howard Morrison from the International Criminal Court, who gave his personal perspective on the Nuremberg Trials, their development and legacy.
He began by saying that at the time of the Nuremberg Trials and its military courts international law and procedures were being developed on a daily basis.
Initially, the most important war criminals were tried before the International Military Tribunal (IMT). Judgements were issued quickly giving rise to criticisms of victor’s justice. Despite the political nature of the trials and the necessity for justice, there was a determination to apply the rule of law and underscore the abhorrence of the crimes against peace and the crime of aggression and the jurisprudence developed with subsequent trials.
They were lengthier and fairness as well as consistency became part of the proceedings. The Allies believed in the historical value of the trials and that they would be judged by future generations. The Nuremberg Trials were a precursor to the UN ad hoc tribunals, the ICC and the development of international criminal law and international humanitarian law. “The ICC is intended to complement existing national judicial systems and it may therefore only exercise its jurisdiction when certain conditions are met, such as when national courts are unwilling or unable to prosecute criminals or when the United Nations Security Council or individual states refer investigations to the Court”. https://en.wikipedia.org/wiki/International_Criminal_Court The ICC was created using both common law and civil law traditions and like the Charter and the Judgment of the Nuremberg Tribunal the Rome Statute recognizes the principle of individual responsibility for crimes under international law.
Judge Morrison said, it is important to understand that Germany was not on trial, but the war criminals who as leaders had obligations to the state’s past and for its future.
He stated, “aggression is the biggest problem of the elements of crime”, and he defined “a crime of aggression as a crime of the leadership, due to the leaders control over their forces”. The Rome Statute was amended by Article 8 bis adding the definition of the crimes of aggression, adopted at the first review conference of the ICC in Kampala, Uganda, in June 2010. However the Court will only be able to prosecute individuals for these crimes when the amendment has entered into force for 30 states parties and on or after 1 January 2017, the Assembly of States Parties has voted in favor of allowing the Court to exercise jurisdiction.
He then predicted that in the future there would be other types of wars linked to our fundamental needs as humans being food, water and living space. He foresees a direct link between climate change, conflict and terrorism. These kinds of wars have already been fought in the past, for instance World War II was also a war about living space, ‘Lebensraum’. A significant consequence of past wars is that they caused mass migration, a result of changes to demography. He foresaw demographic changes in the future and this is already evident as a result of the conflicts in the Middle-East and the recent terror attacks in Paris. Therefore, he believed we are at the beginning of the development of new laws.
Furthermore, Judge Morrison described how in the future the crimes against humanity might be expanded to include arms trade and environmental crimes, such as illegal logging or oil spillage at the North Pole. Could transnational corporate crimes be classified as crimes against humanity and a species of war crimes? The ICC could expand its remit, provided it received the appropriate funding.
Mr Alex Fischer spoke, as the third speaker about International Criminal Law as a Success Story – The Nuremberg Trial Films of the U.S. Authorities. The films were produced by the OSS Field Photographic Branch/War Crimes, Office of Military Government, United States (OMGUS) and the U.S. Signal Corps.
He explained how the United States wanted to shape the Trial explaining to the public in Germany and worldwide the most heinous and mass crimes. The lead U.S. prosecutor, U.S. Supreme Court Justice Robert H. Jackson and the OSS Field Photographic Branch/War Crimes were involved in rebuilding the trial site and enhancing the film aspect of the first Nuremberg Trial (formally known as the International Military Tribunal) convened November 20, 1945 and the verdict rendered October 1, 1946.
The purpose was to show the German public that the Nazi leadership had been given a fair trial. It promoted the US Constitution idealizing American democratic values to stabilize Europe and create legal certainty as well as to create a historical record and an enduring lesson for mankind. Jackson and the OSS decided on how the trial should be told emphasizing the criminal character of the perpetrators who were viewed in compromising situations, essentially convicting themselves. Their ‘evidence films’ used elaborate editing to tell the story, rather than simply film evidence.
Despite disagreements between the Americans the 78 minute film Nuremberg: Its Lesson for Today was shown to German audience in November 1948 in Stuttgart and received mainly positive reactions from the German people who did not see it as propaganda. On Thursday November 26, a movie screening of this documentary will take place in the Auditorium of the Academy Building. Door open at 16:30.
In conclusion, Mr Jeroen Vervliet mentioned that in the foyer is a selection of the drawings of the defendants, prosecutors and Geoffrey Lawrence (1880-1971), President of the Judges at Nuremberg made by Gunter Peis (1927-2012) an Austrian journalist and historian who was present at the Nuremberg Trials. The drawings were printed in : Nuremberg Court Cartoons, photographs of the Judges and Prosecutors. Cartoons of the Defendants and in The Nurnberger Extra Blatt. This project was made possible by the generous contribution of the Austrian Embassy in The Hague. The drawings are part of the archives of Peter Martin Bleibtreu, an Austrian journalist and a reporter at the Nuremberg Trials, recently purchased and added to the special collections of the Peace Palace Library.
Picture by tabletmag.com
