ICC Appeals Chamber delivers judgments

0
ICC Appeals Chamber delivers its judgments on the appeals regarding the interim release of Mr Jean-Pierre Bemba Gombo, Mr Aimé Kilolo Musamba, Mr Fidèle Babala Wandu, Mr Jean Jacques Mangenda Kabongo and Mr Narcisse Arido in the proceedings pursuant to article 70 of the Statute.   Today, 29 May 2015, the Appeals Chamber of the International Criminal Court (ICC) reversed and remanded to Trial Chamber VII the decision of Pre-trial Chamber II, issued on 21 October 2014, in which the Pre-Trial Chamber ordered the interim release of four suspects in the case The Prosecutor v. Bemba et al. However, the Appeals Chamber found that, taking into account the length of time that has passed since their release, it would not be in the interests of justice for the suspects to be re-arrested. In a separate judgment also rendered today, the Appeals Chamber reversed and remanded to Trial Chamber VII the decision of Pre-Trial Chamber II, issued on 23 January 2015, ordering Mr Bemba’s interim release in the context of this case. On 21 October 2014, Judge Cuno Tarfusser, Single Judge of Pre-Trial Chamber II, reviewed proprio motu the detention of Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu and Narcisse Arido and ordered their release subject to the condition that they appear for trial or whenever summoned. The four suspects were subsequently released from the custody of the ICC. While Jean-Pierre Bemba Gombo, the fifth suspect in this case, was released by the Pre-Trial Chamber, he remains in detention in connection with ongoing proceedings in another case before the Court, The Prosecutor v. Jean-Pierre Bemba Gombo. All of the suspects were released on the basis that the time they had spent in detention pending trial had become unreasonable. The ICC Prosecutor appealed the Pre-Trial Chamber’s two decisions. Judge Silvia Fernández de Gurmendi, on behalf of Judge Sanji Mmasenono Monageng (Presiding Judge in these appeals) read a summary of the Appeals Chamber’s judgments in open court.  Regarding the appeal against the decision releasing the four suspects, the Appeals Chamber explained that the Pre-Trial Chamber incorrectly interpreted and applied article 60 (4) of the Statute, which obliges that Chamber to ensure that a person is not detained for an unreasonable period of time “due to inexcusable delay by the Prosecutor.” However, the Appeals Chamber held that a Chamber may, even in the absence of such inexcusable delay, determine that a person has been in pre-trial detention for an unreasonable amount of time pursuant to article 60 (3) of the Statute, which provides for regular reviews of detention. The Appeals Chamber held that, in order to make such a determination, a Chamber must balance the duration of detention against the risks listed in article 58 (1) (b) of the Statute justifying detention, to determine whether the continued detention has become unreasonable. Article 58 (1) (b) provides that an arrest is justified to ensure the person’s appearance at trial; or that he does not obstruct or endanger the investigation or the Court proceedings; or to prevent the person from continuing with the commission of crimes within the ICC jurisdiction. The Appeals Chamber found that the Pre-Trial Chamber erred by not conducting a proper assessment of the risks justifying detention and accordingly not appropriately carrying out the necessary balancing exercise. For these reasons, the Appeals Chamber reversed the Pre-Trial Chamber’s decision. However, given the specific situation of the suspects in this case, who were ordered to be released on 21 October 2014, and the length of time that has passed since their release, the Appeals Chamber found that it would not be in the interests of justice for the suspects to be re-arrested because of the reversal of the Pre-Trial Chamber Decision. Accordingly, the Appeals Chamber maintained their release until the Trial Chamber now seized of the case decides on the matter. The Appeals Chamber also reversed the Pre-Trial Chamber’s decision of 23 January 2015 ordering Mr Bemba’s interim release because this decision was essentially based on the same legal reasoning and findings as those made in the decision releasing Mr Bemba’s co-suspects, which the Appeals Chamber had found to be erroneous. Background: Jean-Pierre Bemba Gombo, his former lead Counsel Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo (a former member of Mr Bemba’s Defence team and case manager), Fidèle Babala Wandu (a member of the DRC Parliament and Deputy Secretary General of the Mouvement pour la Libération du Congo), and Narcisse Arido (a Defence witness) are suspected of offences against the administration of justice allegedly committed in connection with the case of The Prosecutor v. Jean-Pierre Bemba Gombo.

Meeting of DM’s Junior Editors

The team of Diplomat Magazine’s junior editors had its last assembly before the summer break. The meeting was held at the Garoeda restaurant which offers an excellent Indonesian cuisine. The junior editors enjoyed an afternoon of Indonesian culinary variety, vivid discussions and brainstorming about future activities of the junior editors team. Under the guidance of Dr. Mayelinne De Lara, publisher of Diplomat Magazine, the junior editorial department recently welcomed some new editors to its team. The meeting was attended by Antonia Barthel, Carlotta Duken and Duke Michael of Mecklenburg, all from Germany and studying International Studies at the University of Leiden, Mete Erducan, from the Netherlands and studying European Studies at the Haagse Hogeschool and Joe McKenna Dailey, from the United States and studying International Public Health at the University of Massachusetts.

Promising start of Premier Perspectives

By Lyudmila Palamar.   On the 19th of May president of The Hague Institute for Global Justice, Dr. Abiodun Williams officially announced a commencement of a unique series of lectures that will be given by former Dutch prime ministers in the following months. This set of discussions on global justice was started with an in-depth speech of a Dutch leader, politician and diplomat Dries van Agt.
Dries van Agt
Former Dutch prime minister, Mr. Dries van Agt.
Former Dutch prime minister discussed fundamental topics such as codification of international law, global governance, overpopulation, deforestation, climate change and nuclear weapons. Among other claims on international affairs, special attention was paid to reasons why the UN should face profound reformation and the importance of absolute rule of international law. “World Government is the Only Answer to Global Crises,” Mr. van Agt said. The ex-prime-minister also expressed his deep concern about environmental challenges and the “habitability of our planet Earth on the long term”. Afterwards, Mr. van Agt’s talk received warm acceptance and a number of questions from the audience. Guests of the conversation reacted both offline during the Q&A session after the talk and online via social networks. During the discussion, Dries van Agt was asked about controversial issues such as the future of EU, the role of the U.S. in international political processes, and possible scenarios of interaction with non-governmental actors such as ISIS. Guests also commented the event online on Twitter. “Great lecture on Global Justice by former PM Dries van Agt at The Hague Institute today.” – tweeted the Irish embassy. The first conversation of Premier Perspectives definitely left the guests of the event with something to think about. In the coming weeks the audience will have an opportunity to get familiar with reflections on global justice from other prominent Dutch politicians. The list of former Prime Ministers to appear includes Ruud Lubbers, who will be speaking on the 4th of June, and Professor Jan Peter Balkenende, who will be speaking on the 17th of June.

Admissibility of the ICC’s Simone Gbagbo case confirmed

0
On the picture Judge Piotr Hofmański during the delivery of the Judgment of the Appeals Chamber of the International Criminal Court (ICC) on the admissibility of the Simone Gbagbo case on 27 May 2015 ©ICC-CPI   Today, 27 May 2015, the Appeals Chamber of the International Criminal Court (ICC) delivered its judgment by which it rejected the Republic of Côte d’Ivoire’s appeal and confirmed the ICC Pre-Trial Chamber I’s decision of 11 December 2014, which declared the case against Simone Gbagbo admissible before the Court. On 30 September 2013, Côte d’Ivoire challenged the admissibility of the case against Simone Gbagbo, arguing that the same case was being prosecuted at the national level. On 11 December 2014, Pre-Trial Chamber I rejected Côte d’Ivoire’s challenge and concluded that Côte d’Ivoire’s domestic authorities were not taking tangible, concrete and progressive steps aimed at ascertaining whether Simone Gbagbo is criminally responsible for the same conduct alleged in the case before the Court. On 17 December 2014, Côte d’Ivoire appealed Pre-Trial Chamber I’s decision. Judge Piotr Hofmański, Presiding Judge in this appeal, delivered a summary of the judgment in open session. He indicated that the Appeals Chamber considered the two grounds of appeal that were raised by Côte d’Ivoire and concluded that they did not demonstrate any errors of fact or law in the Pre-Trial Chamber’s decision. The Appeals Chamber found no error in the Pre-Trial Chamber’s assessment of the conduct underlying the crimes allegedly investigated domestically and concluded that the Pre-Trial Chamber did not apply overly rigorous criteria in determining that no relevant investigations or prosecutions were ongoing at the national level. The Appeals Chamber also noted that Côte d’Ivoire failed to demonstrate that it was unreasonable for the Pre-Trial Chamber to conclude that, on the basis of the available documentation, the factual parameters of the case or cases being investigated domestically were unclear. Furthermore, as regards the Pre-Trial Chamber’s assessment of the nature of the crimes allegedly being investigated domestically, namely economic crimes and crimes against the State, the Appeals Chamber concluded that it was not unreasonable for the Chamber to find this conduct to be of a different nature to Ms Simone Gbagbo’s conduct, as alleged before the ICC, in relation to the crimes against humanity of murder, rape and other forms of sexual violence, persecution and other inhumane acts. The Appeals Chamber emphasised that its review was limited to the issue of the correctness of the Pre-Trial Chamber’s decision, which determined the admissibility of the case as of the date of its issuance. According to the Rome Statute, the ICC’s founding treaty, a challenge to the admissibility of a case can be brought only once before the Court; however, “in exceptional circumstances, the Court may grant leave for a challenge to be brought more than once”.  Judgment on the appeal of Côte d’Ivoire against the decision of Pre-Trial Chamber I of 11 December 2014 entitled “Decision on Côte d’Ivoire’s challenge to the admissibility of the case against Simone Gbagbo” Background: On 29 February 2012, the judges issued a warrant of arrest under seal against Ms Gbagbo. The warrant of arrest was unsealed on 22 November 2012. According to the warrant of arrest, Ms Gbagbo is allegedly responsible, within the meaning of article 25(3)(a) of the Rome Statute, for the crimes against humanity of murder, rape and other forms of sexual violence,  other inhumane acts and persecution allegedly committed in the territory of Côte d’Ivoire during the period between 16 December 2010 and 12 April 2011. On 20 January 2015, the Appeals Chamber rejected the request for suspensive effect of the appeal against the Pre-Trial Chamber’s decision of 11 December 2014, which had reminded Côte d’Ivoire of its obligation to surrender Simone Gbagbo to the Court without delay. The arrest warrant remains pending and Ms Gbagbo is not in the ICC’s custody.    

Africa Day 2015

  By Antonia Barthel.   On the 22nd of May 2015, the group of African Ambassadors accredited to the Kingdom of the Netherlands, hosted the 52th Annual Africa Day reception at the Bel Air Hotel in The Hague. The celebrations commemorate the signing of the African Unity Charter, which were signed by thirty African countries in Addis Ababa, Ethiopia on the 25th of May 1963. The Dean of the African group of Ambassadors to the Kingdom of the Netherlands, Her Excellency Mrs. Nimota Nihinlola Akanbi the Ambassador of Nigeria, announced the theme of this year’s celebration. Women Empowerment and Development towards Africa’s Agenda 2063 which she defined as “crucial to achieving desired development in any society”. For a photo-album of the African Day in The Hague, please click here: https://www.flickr.com/photos/121611753@N07/   BW AD BA 002 web   Additionally the cooperation and development of Africa as a unity were addressed during her opening remarks. “We must continue to challenge ourselves each day to keep building our continent”. This was underlined by a variety of African Flags in the background, which accentuated the diversity of the continent.   BW AD BA 005 c web   The celebratory atmosphere was underlined by African live music and local dances. The uniting ambience and the great achievement of the organization of this event as well as organization between the African countries was palpable. Later, the 300 guests were invited to savor a lavishing buffet with local specialties form various African cuisines.   BW AD BA 00 web

The International Decade for Action “Water for Life”

0
    Participation of the UN Secretary-General at the High Level International Conference on the implementation of the International Decade for Action “Water for Life”, 2005-2015   On 20 May 2015 at the Ministry of Foreign Affairs of Tajikistan there was held a briefing for the heads and representatives of the diplomatic missions and international organization accredited in Dushanbe during which it was informed that H.E. Mr. Ban Ki-Moon the UN Secretary-General would participate at the High Level International Conference on the implementation of the International Decade for Action “Water for Life”, 2005-2015 to be held on 9-11 June 2015 in Dushanbe. It was particularly highlighted that the participation of the UN Secretary-General at the Dushanbe Conference confirms the importance of this international event for the United Nations and the entire international community, especially in light of the development and adoption of sustainable development goals, one of which is sustainable management of water and sanitation for all. The High Level International Conference on the implementation of the International Decade for Action “Water for Life”, 2005-2015 will be held in accordance with the UN General Assembly resolution of 19 December 2014, entitled “International Decade for Action, “Water for Life”, 2005–2015, and further efforts to achieve the sustainable development of water resources.” The primary objective of the Conference is a comprehensive discussion of the issues of implementation of the International Decade for Action “Water for Life”, 2005-2015, which will later play a crucial role in conducting a comprehensive review of the implementation of the International Decade by raising the awareness of  the wider international community about its results. With a view of successful holding of the Conference, the National Preparatory Committee, chaired by the Prime Minister of Tajikistan, a Working group, consisting of the representatives of ministries and agencies, as well as the Secretariat of the Conference are continuing the work to attract UN Member States, international and regional organizations, basin organizations, the private sector and other stakeholders to actively participate in the Conference. The Conference programme consists of two high-level plenary session, two thematic sessions on the implementation of the Decade, six high-level round tables, four pre-conference events on such themes as “Water and children”, “Water and Women”, “Water and least developed countries and small island developing states” and “Water and mountainous countries”. The pre-conference events will be hold on 8 June 2015 in the National Library building. Regarding the participation in the work of the Conference it is worth mentioning that as of today the Conference secretariat has received confirmation of participation of about 72 delegations of the UN Member States, including at the level of prime minister, deputy prime ministers, as well as foreign ministers and ministers of water resources and irrigation of the UN member states. Among other institutions and specialized agencies of the United Nations as of today such organizations as Food and Agriculture Organization (FAO), UNESCO, the World Health Organization (WHO), the UN Children’s Fund (UNICEF), UN-Water, UN-Women, UNEP, UNU, UN-HABITAT, ISDR, etc. have confirmed their participation. There are confirmations of participation of the UN Regional Commissions – UNECE, UNECA and UNESCAP. From the international and regional financial institutions the World Bank, the Islamic Development Bank, the European Bank for Reconstruction and Development, the Eurasian Development Bank will participate at the Conference. Thus, today more than 50 international and regional organizations have already confirmed their participation at the Conference.The total number of registered participants for today is about 750 people representing all regions of the world. The Dushanbe Conference will provide a unique opportunity for all stakeholders to exchange views, knowledge, achievements and practices for the implementation of the International Decade, the difficulties and challenges in the implementation of the decade, and, at the same time, will develop key recommendations for the next steps for post 2015 period.    

Business Round-table Discussion

0
  Table Talk – An interactive discussion based wine & business evening.   On 28 May, 2015 the Hungarian Business Network (HBN) in cooperation with the Embassy of Hungary in The Hague is hosting a Business Round-table Discussion followed by networking and drinks in Novotel Amsterdam. Are you looking for the best way to get ahead in business in Central Europe? Learn from others with these personal looks into their motivations, successes, failures and lessons learned. Listen to inspiring entrepreneurs about their own success story. Moderator: Zsolt Szabó, HBN Advisory Board, Round-table Guests: H.E. Orsolya Szijjártó, Ambassador of Hungary in the Netherlands, Frido Diepeveen, Commercial Director – Randstad Hungary, Dr. Sándor Erdei , CEO DBH Group, Anna Balázs, Founder of NaarBudapest, Loránt Lakatos, Founder Duna Incentives Trainings and Events. Program: Doors open at 18.00 Networking and Drinks: 20.00-21.00 Live music: After the program plays Frido Diepeveen & Co. Hungarian Gipsy music Price: Free entrance for HBN members. For non-members: 25 euro, including drinks, Hungarian wine and finger food. Location: Hotel Novotel Amsterdam City, Europaboulevard 10 1083 AD Amsterdam Parking: free parking, limited places based on availability.        

Manners in Rwanda

0
  Manners in Rwanda an educational, cultural, touristic guide all about Rwanda!   Many visitors to Rwanda have little knowledge of how some basic things are done in Rwanda. Many don’t know how to travel around the country since there are no metro, trams, and trains yet, or how to officially register as a resident. Relocating overseas to a foreign country is adventurous and can also be challenging now and then. To make their stay much easier and more successful, Manners in Rwanda deals with the most basic facts travellers should know, and also provides them with insights into local manners, mentality, and situations, ranging from religious attitudes to recommended hotels and restaurants. In addition,  the book offers travel tips, cultural insights, vocabularies, and language notes people will need to get around, make friends, do meaningful work, and demonstrate respect for the local people and customs. ” Manners in Rwanda”  has been published by an American book publishing house called Inkwaterpress. For those who want to order it, it’s on Amazon, Barnes & Noble and Powells ; also the following person can help you: Vanessa Verrill Author Services Manager  Inkwater Press™  A division of First Books®     6750 SW Franklin St., Suite A  Portland, Oregon 97223-2542  Phone: 503.968.6777  Fax: 503.968.6779 vanessa@inkwaterpress.com  www.inkwaterpress.com It  can also be found at the following link: http://inkwater.com/books/index.php?route=product/product&product_id=1299         Joy Nzamwita Uwanziga     Tel: +31684923917 email: uwanziga.joy78@gmail.com The Hague, the Netherlands     I have learned that it’s easy to focus on myself, and it takes a person with a heart to look around. 3 Attachments  

Security and Female Empowerment

  By Duke Michael of Mecklenburg   On Friday, 1May 2015, the Academic Committee of BASIS (BA Students of International Studies) and Diplomat Magazine co-hosted an evening event on the topics of “Security and Female Empowerment”. At the event, six guest speakers, including Yanina Berra Rocca (Second Secretary for Culture, Embassy of Argentina, The Netherlands), Anne Leigh Cooper (Film Producer), Selma Senese (OSMTH), Marquis Ennio H.A.R. Senese (Phi Energy Limited), Dr. Willem F. van Eekelen (Chairman of the European Investment Council and former Minister of Defence) were present to discuss these topics.     IMG_1423   First, Duke Michael of Mecklenburg opened the event with an introduction to the event’s guest speakers and their approach on the relevant topics. He was followed by Selma Senese’s speech on female empowerment; giving insights into the general theme of woman empowerment, raising awareness on the current situation in the world by presenting data on female rights and the enforcement to the audience.   11169960_10206340914742960_5292116138016129918_n   Thereafter Yanina Berra Rocca’s sampled the situation of female empowerment in peacekeeping missions. Women do not tend to declare war upon another country, as fast as males do; hence females may have more peaceful consultancy values and status to prevent and solve wars and conflicts. 11196319_10206340914622957_7329578423073217043_n   Afterwards, Anne Leigh Cooper presented a film trailer to the participants. The topic was human trafficking and the life of the affected woman. It contained graphic images, but showed how reality can be and is. This led into a discussion on her movie about human trafficking, female empowerment and how important it is to have a more equal and just world. Having seen many aspects of female empowerment, an allocution on security by Dr. Willem F. van Eekelen was held. He gave great insights into different situations, which he personally worked on as for example his work as Permanent Representative to the North-Atlantic Council and the later position as former Minister of Defence.   DSC_0032   By the examples given, he explained the past and current relations amongst The Netherlands, the European Union and other states within or outside the EU. He concluded with the fact that the past, and especially the Cold War era will continue to affect the present and future international relations. In the third section, Marquis Ennio H.A.R. Senese explained his work as CEO of Phi Energy Limited and at the Ordo Supremus Militaris Templi Hierosolymitani (OSMTH). He gave a general overview of the norms of the two organisations and how female rights in these two organisations are considered and enforced. Furthermore, he gave an in-depth example of ongoing projects involving communication and creation of bridge building between nations, religions and ethnicities. Towards the end of the event, the audience constituted mostly by students gave their opinion on and asked questions about the different topics. This led to a discussion on what is just and what is not. Overall, the event was a successful one, due to the guest speakers and an active audience. Logo