Palestine declares acceptance of ICC jurisdiction since 13 June 2014
On 1 January 2015, the Registrar of the International Criminal Court (ICC), Herman von Hebel, received a document lodged, under article 12(3) of the ICC Rome Statute, by the Palestinian government declaring Palestine’s acceptance of the jurisdiction of the ICC since 13 June 2014.
Acceptance of the ICC’s jurisdiction differs from an act of accession to the Rome Statute, the Court’s founding treaty. The United Nations (UN) Secretary General acts as the depositary of the Rome Statute. On 2 January 2015, Palestine transmitted to the United Nations documents relating to its accession to the Rome Statute as well as other treaties. The UN is reviewing these documents.
The ICC is an independent, permanent court that tries individuals accused of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity and war crimes. Acceptance of the ICC’s jurisdiction does not automatically trigger an investigation. It is for the ICC Prosecutor to establish whether the Rome Statute criteria for opening an investigation are met and, where required, to request authorisation from ICC Judges.
Palestinian declaration under article 12(3) of the Rome Statute
7th National Day of Qatar
By Mete Erdurcan and Baron Henri Estramant.
On Tuesday, 16 December 2014, the Embassy of the State of Qatar in The Netherlands organised a reception at the Hotel des Indes in honour of the country’s national day (al-yaoum-al-watani). The date (18 December) celebrates the unification and independence of Qatar.
More precisely the National Day marks 18 December 1878; date of the demise of Sheikh Mohammed bin Thani (reigned: 1850–1878), first Ruler (Hakim) of Qatar, and his subsequent dynastic succession by his son, Sheikh Jassim bin Mohammed Al Thani (reigned: 1878–1913). Thereby consolidating the grip on power for the new House of Thani.
Before Al Thani rule, Qatar had been governed since 1783 from Bahrain by the clan of Khalifa (Al Khalifa), which still rules the Bahraini islands.
Qatari ambassador Mr Khalid bin Fahad Al Khater is further accredited to the Kingdom of Denmark and the Kingdom of Sweden, although Qatar is due to open a resident mission in Sweden in 2015.
In the emirate itself the festivities were presided over by His Highness The Amir, Sheikh Tamim and His Highness The Amir Father, Sheikh Hamad bin Khalifa Al Thani.
The Island of Solidarity.
By Fermín Gabriel Quiñones Sánchez, Ambassador of Cuba to the Kingdom of the Netherlands.
For the Cuban people, each January 1st marks a new anniversary of the Triumph of the Revolution, the same that in 1959 was lead by Fidel Castro and defeated one of the bloodiest dictatorships of Latin America: Fulgencio Batista´s. That was the day in which the Cubans, for the first time, began to rule its own destiny after almost a century of struggles for its independence.
Loyal to the their National Hero José Martí, we have created a sovereign anti-discriminatory project of political, economic and social system, based in the respect of all the rights of human being; developing capacities and potentialities of the population just to build a prosperous and sustainable society. Free and universal medical services and total access to education were at last and for the first time in our history, available for everyone.
The Cuban Revolution has a huge meaning not only for Cuba, but also for millions of people all over the world. Friendship, solidarity and promotion of peace have marked 56 years of truly independence. In the foreign arena, Cuba started to play an active role by condemning all interventionist and discriminatory political manner in international relations, as well as the threat or the use of force, unilateral coercive measures, aggression and all forms of terrorism; including State terrorism. In fact, the Constitution of the Republic of Cuba condemns any type of discrimination for reasons of race, creed or opinion.
Thanks to the Cuban social project, our people learned the meaning of the word solidarity and from the very beginning it started to share everything with the poorest nations of the world. We have offered medical scholarships and educational support to Latin Americans, Africans and Asians. Nowadays thousands of Cuban medical professionals are working in several places of the world. Our doctors have been always ready to help in case of natural disasters or epidemics, no matter how far the affected place is. They were the first to arrive in Africa to fight Ebola.
Cuba has resisted for more than 50 years the blockade that the United States of America imposed us in 1962. Every year at the General Assembly of United Nations the overwhelming majority of the countries of the world votes in favor of the draft resolution presented by Cuba entitled “Necessity of Ending the Economic, Commercial, and Financial Blockade Imposed by the United States of America against Cuba.” Since its very conception, the blockade has been and it is a flagrant violation of international law and is contrary to the principles and purposes of the Charter of the United Nations and constitutes a violation of the right to peace, development and security of a sovereign State.
The blockade has been the main obstacle for the Cuban economic and social development and the largest barrier for expanding Cuba’s commercial ties with the rest of the world, and has become a serious restraint for the international cooperation that the country both provides and receives.
Cuba counts with the support and recognition of the international community. It has diplomatic relations with 190 countries, orders and institutions. As member of the Latin American and Caribbean States Community we will continue to play a key role in promoting the broadest cooperation and integration among its members.
They are many to celebrate each anniversary of the Cuban Revolution and it is as a new step towards a better, sustainable and peaceful world, because we believe that a different world is possible and we try to build it every day.
Connectivity for Common Prosperity
By H.E.Mr. Chen Xu, Ambassador of the People’s Republic of China to the Kingdom of the Netherlands
Connectivity has been the unremitting pursuit of human society since ancient times. ‘Better Roads lead to Better Life’, a well-known idiom in China explains this concept incisively. The Silk Road and Maritime Silk Road closely connected Asia and Europe long time ago, on which many travellers, navigators and explorers, as well as camel teams and fleets with different kinds of commodities busied to and fro. Thanks to these two roads, Asia and Europe learned from each other and promoted their respective prosperity through exchanges.
Today, unprecedented interdependence among countries further highlights the importance of connectivity. Since 2013, Chinese President Xi Jinping has put forward the strategic Initiative ‘Silk Road Economic Belt’ and ‘21st Century Maritime Silk Road’, aimed at bringing relevant countries closer, so as to create and enjoy harmonious and peaceful lives together. This Initiative links Asian-Pacific Region and Europe, sponsors for peaceful development, win-win cooperation, openness and inclusiveness. It inherits spirit of ancient Silk Road, conforms to trend of globalization and desire of common development, and provides an inclusive platform connecting China’s economy and interests of countries along the belt and the road.
It is delighted to note that momentum between Asia and Europe for connectivity has been even stronger. In 2013, a three-dimensional network of interconnection and communication has been strengthened through Connecting Europe Facility program. During President Xi Jingping’s historical visit to the EU in 2014, both sides confirmed the great potential to improve their transport relation, and decided to develop synergies between the EU policies and China’s ‘Silk Road Economic Belt’ Initiative to jointly explore common initiatives. Recently, the APEC Connectivity Blueprint has been endorsed in Beijing, which set an vision of achieving a seamless and comprehensively connectivity in 2025.
At the same time, connectivity is getting an increasingly wide support. In June 2014，UNESCO adopted a joint application of China, Kazakhstan and Tajikistan and included East section of the Silk Road in the World Cultural Heritage List. In July, two young men who named themselves ‘Big Holland’ and ‘Small Holland’ started a journey of exchanges from Shanghai in China, they traveled 11 countries along the ancient Silk Road and arrived at their hometown Rotterdam at last in October. In December, the first ‘New Line of YI Wu China to Europe’ train arrived in Madrid, taking 17 days and 13000 kilometers across 12 countries. The train took Christmas gifts from China to Europe and brought back Spanish red wine, olive oil and other European products, which enriched the New Year menu for the Chinese people.
All of these manifest that the One Belt and One Road Initiative is contributing to the connectivity of culture, personnel and trade among relevant countries, and bringing true benefits to people. China is ready to further expand its opening up and share opportunities of development for mutual benefits, and become as supporter, builder and beneficiary of the One Belt and One Road Initiative together with interested countries. As long as China and the EU continue their cooperation in infrastructure construction, regulation coordination and personnel exchange, comprehensive connectivity and common market of Asia-Europe will be realized definitely. It will also deepen the China-EU partnership of peace, growth, reform and civilization. Asian and European countries, like the lights at night, will always be shining and flaming with further promotion of connectivity.
The Organization of the year 2014
By Barend Ter Haar.
The prize for the international organization that made the most remarkable contribution to international peace and security in 2014 should go to the Organization for Security and Co-operation in Europe (OSCE). It is a relatively small organization, but with a very wide mandate, encompassing traditional security affairs such as arms control and conflict prevention, but also human trafficking, media freedom, minority rights and protection of the environment.
A unique feature of the OSCE is its membership, a legacy from the early 1970s, when its predecessor the Conference on Security and Co-operation in Europe (CSCE) was created to provide a forum for dialogue between East and West. As a result, the OSCE does not only include all of Europe, but also Canada, the United States and the central-Asian republics.
This variety is both its strength and its weakness. Its weakness, in comparison with organizations of (more or less) likeminded countries such as the OECD and the Council of Europe, is that the conflicting views of the member states (e.g. on the importance of human rights and rule of law) often make it very difficult to make meaningful progress. Its strength is that these very diverse states have agreed on a number of principles and instruments that can be of great use to prevent or resolve a crisis.
There was no lack of crises in the OSCE-area in recent years. However, the efforts of the OSCE to dissolve them were usually not very successful, mainly because one or more of the involved member states lacked the necessary political will.
This time was different. The possible consequences of the crisis in Ukraine were such that the urgent need of crisis management was felt by all involved member states, including Russia, although that country was at least partly responsible for the aggravation of the crisis.
Apart from the United Nations, already overburdened by conflicts elsewhere in the world, the OSCE is the only international organization that encompasses Ukraine, Russia and the countries of the European Union. Usually it takes weeks, if not months, before an international operation takes shape on the ground. The OSCE managed to start deploying its mission within a few days.
It is difficult to say what would have happened if the OSCE had taken a few months to get seriously involved, but although the OSCE did not prevent Russia from occupying Crimea, nor from intervening in the Eastern part of Ukraine, it seems likely that by reacting so quickly and effectively, the OSCE has prevented the crisis from becoming even worse.
The honour for this achievement should be given to the Swiss chairmanship of the OSCE that made every effort to make its chairmanship into a success, and to the Secretariat that managed to make the best possible use of its limited means.
Ambassadors and the press
By Jhr. mr. Alexander W. Beelaerts van Blokland, Justice (Judge) in the Court of Appeal and (honorary) Special Advisor International Affairs of the City of The Hague
For foreign ambassadors in The Hague it is of course important to know and have contact with members of the Dutch parliament and members of the international and national Dutch press. Important in both ways: to hear about The Netherlands and to ‘send’ messages, explaining about the positions and points of view of the countries they are ambassador of.
However, the relations between the ambassadors, parliament and press could be better, in several ways. That is why the International Press Centre ‘Nieuwspoort’ in The Hague –very well known club of politicians and press – took the initiative to organize a meeting together with former minister and also deputy prime minister and former EU ambassador Professor Laurens Jan Brinkhorst and myself, in my (honorary) capacity of Special Advisor International Affairs of the City of The Hague.
Afterwards International Press Centre ‘Nieuwspoort’ invited members of all three groups for a meeting on December 10th, 2014. Present were 25 % of the ambassadors of EU-countries, in alphabetical order:
- H.E. ms Teresa Paraskevi Angelatou (ambassador of Greece)
- H.E. mr Francesco Azzarello (ambassador of Italy)
- H.E. Dr Jaroslav Chlebo (ambassador of Slovakia)
- H.E. ms Ireny Comaroschi (ambassador of Romania)
- H.E. mr Roman Kirn (ambassador of Slovenia)
- H.E. mr Ole Moesby (ambassador of Denmark)
- H.E. mr Laurant Pic (ambassador of France)
- H.E. mr Darius Jonas Semaska (ambassador of Lithuania)
The Principality of Monaco
By H. E. M. Gilles Tonelli Ambassador of the Principality of Monaco in Belgium and to the Kingdom of the Netherlands .
The Principality of Monaco has always adhered to the goals of peace, democracy and respect for human rights that the states of Europe are sharing. Monaco became the 46th member state of the Council of Europe on 5 October 2004.
Although already partly integrated into the Community legal order, Monaco is not part of the European Union. Monaco is among the small states, the only city-state (2 km²) in which national citizens are largely minority, representing less than a quarter of the total population or about 8,500 people on 37,000 people in more than 120 different nationalities.
Monaco is for the neighboring French and Italian regions, but also for EU nationals residing in the Principality, a labor pool and dynamic activities. In fact, over 95% of private sector employees are European citizens and over 80% of public contracts are awarded to European firms or Monegasque law and European shareholders.
Note an annual increase in the number of employees by more than 2% in recent years more than 1,500 jobs. Monaco’s economy is mainly based on commerce, services (including financial services and tourism), and a high value light industry. Monaco has a model of economic development that meet international requirements for fiscal transparency and fairness advocated by the OECD, as confirmed in its latest report that the Principality has received an overall score “Largely compliant” .The financial services represent 15% of the GDP of Monaco.
This sector plays a significant role in the national economy without, however, be essential. Monaco’s budget in balance since 2012, which amounts to more than a billion of revenue from 75% of the tax (value added tax (VAT), tax on corporate profits , transfer taxes, concessions …) and the balance of various receipts from state property. Finally, note that 25 to 30% of its annual budget is spent on investment, about 300 million per year. For the participation of the three small European third countries to the internal market and opening their cooperation in other areas such as justice and home affairs, research and education or fishing, the European Council should mandate the Commission and the European External Action Service in mid-December 2014 to start negotiations.
The agreement negotiated will in any event take explicit account of the specifics of Principality to allow to reach a result ensuring its sustainability. The challenge of the discussion with the European Union will share the one hand, that Monaco to survive must retain its specificity and, secondly, that Monaco is on its scale, useful for Europe dropoff economy.
Successful action against Blackshades
By Ms. Michèle Coninsx, Eurojust president.
Cybercrime is increasing as organized crime groups use Internet for illegal activities such as fraud, theft and child pornography. The rapid speed of technology developments means governments struggle to keep pace with cybercriminals. This problem is intensified by the fact that it is almost impossible to determine the exact location from which a crime was committed. This is the so-called issue of territoriality which is inherent in cybercrime. One of the main tasks of Eurojust is therefore to make the cooperation between Member States work better in cross-border criminal investigations. Cybercrime is one of the crime areas targeted by Eurojust.
Successful action against Blackshades.
In May 2014, Eurojust coordinated a worldwide operation against creators, users and sellers of BlackShades malware. BlackShades sold and distributed malicious software, including BlackShades RAT, a sophisticated piece of malware that enables its users to remotely gain complete control over a victim’s computer. Once installed on a victim’s computer, a user of the RAT is free to, among other things, access and view documents, photographs and other files, record all of the keystrokes entered, and even activate the webcam on the victim’s computer. All these actions can be made without the victim’s knowledge. Ultimately, criminals can extract access codes or use the information to blackmail victims. During the two action days in May, 359 house searches were carried out worldwide, and 97 people were arrested. Over 1,100 data storage devices suspected of being used in illegal activities, as well as substantial quantities of cash, illegal firearms and drugs, were seized. Authorities also succeeded in seizing the BlackShades website domain. This cross-border operation involved 16 countries (Netherlands, Belgium, France, Germany, UK, Finland, Austria, Estonia, Denmark, Italy, Croatia, USA, Canada, Chile, Switzerland and Moldova) and was unprecedented in its size.
Cybercrime is particularly damaging to citizens, the private and public sectors, as well as the economy. The global direct cost of cybercrime was estimated at USD 113 billion in 2013 (Source: Symantec 2013), but the costs are not merely financial. Cybercrime undermines trust in the digital society and what governments can do to maintain justice and order. The fight against cybercrime must remain a priority, and Eurojust is committed to continue working to encourage cross-border investigations into this crime type that knows no borders.
Eurojust is the European Union’s judicial cooperation unit. The Eurojust College is composed of 28 senior representatives from each Member State, who are experienced prosecutors, judges or police officers of equivalent competence. In 2013, Eurojust handled 1.576 cases in the following crime areas: cybercrime; terrorism; drug trafficking; trafficking in human beings; fraud; corruption; environmental crime and organised crime groups.
“Botho”: The Bedrock of Botswana’s Being
By Sefalana R. Matambo, Second Secretary, Embassy of Botswana to the Kingdom of Belgium, the Kingdom of the Netherlands and Permanent Mission to the European Union.
Long before the lexicon was conceived, the people of Botswana were already living the concept of Botho. The word, derived from Setswana, the national language of Botswana, describes a latent consciousness that one’s own sense of humanity is deeply rooted in the humanity of others in the community, whom we traditionally consider our extended family. It speaks to the very core of our humanity and says, “I am because you are” [“Motho ke motho ka batho”], a social contract of earning respect by first giving it. It is humanness as an essential element of human growth, compassion, humility, sharing, responsibility and accountability. Most importantly, for us Batswana (citizens of Botswana, singular: Motswana), it is greater than doing what is good because it is right. It is an innate manner of existence that permeates the grandness of the cultural spirit of Batswana across every aspect of our lives – the home, community life, education, the workplace, national policy. It is the social and cultural cohesion that ensures no Motswana shall rest easy knowing that another is in need.
The concept of Botho is upheld within Botswana’s five National Principles, the other four being: Democracy, Development, Self-reliance and Unity. All are derived from Botswana’s cultural heritage and as a collective, are designed to promote kagisano [social harmony]. Botswana’s Vision 2016 acknowledges Botho as one of the tenets of our cultural heritage which has guided the country’s successful socio-economic development to date. Through the common sense of a shared identity and destiny within every man, woman and child, and the idea that empowering others is to gain empowerment, the five National Principles set a broader context for the objectives of the country’s national development, namely: Sustained Development, Rapid Economic Growth, Economic Independence and Social Justice.
In adapting to the age of rising globalisation, technology and rapid urbanisation, Botswana has become a melting pot of diversity. Our National Principles have proven to be all the more important and influential in directing the excellent relations we have cultivated with the international community. The atmosphere of friendship, respect and mutual understanding – elements of Botho – is the platform upon which Botswana promotes all aspects of the country’s national development agenda. Botho embeds itself in our interactions with the international community, encourages us to cultivate fraternal bonds of friendship with Governments and their peoples across the world, urges us to be ambassadors of goodwill, compels us to be one with our neighbours, both near and far, and instils a profound sense of duty to defend the defenceless, care for the vulnerable and seek social justice for all.
Botho is a powerful and revered cultural concept that unites us all and, by virtue of its true essence, excludes none. It is an unwavering, universal ‘Welcome’, an invitation to become part of a shared value that promotes harmony and respect amongst people living together, from our families and neighbours at home, to our international friends and partners abroad.
After all, motho ke motho ka batho…
A European Public Prosecutor?
By Arjen Meij, Visiting Research Fellow T.M.C. Asser Institute, The Hague, formerly Judge General Court of the EU
Fraud against EU budgetary means is often discussed and sometimes mocked at as one of those weak spots of EU bureaucracy. Over the past decades many initiatives have been taken to provide a better protection of the EU budget against illegal activity. Important steps were the conclusion of a special Convention on the protection of the financial interests of the European Community (EC) in 1995 and the establishment in 1999 of an agency attached to the European Commission entrusted with investigative powers to combat fraud against the EC budget, known as OLAF. However, criminal prosecution of such offences, often of a cross-border nature, remained the prerogative of the Member States. Despite the efforts of EU bodies such as OLAF and later also Europol and Eurojust, prosecution of these offences by the relevant national authorities used to be sidelined in the priority schemes and fragmented between various jurisdictions, thus remaining far from effective and deterrent. Therefore, the presentation last year, after many years of research and documentation, by the Commission of the proposal to establish a truly European public prosecutor’s office (EPPO) appeared a fresh breakthrough in this extremely complex and intricate area.
One of the most delicate questions to be resolved concerns the relationship with the national authorities holding in each Member State the monopoly of prosecutorial operations. At first sight the Commission proposal looks like Columbus egg on this point. It aims at a central European Public Prosecutor (EPP) directing in each Member State one or more European Delegated Prosecutors (EDP) who investigate cases and eventually bring them in the competent national courts. These EDP’s act in a double capacity. They are at the same time integral part of the European prosecutor’s office and public prosecutor of the Member State in question and can as such rely on the whole national machinery involved in prosecutorial operations. This is an unprecedented move by which, for the specific area of EU fraud, the national prosecution authorities become an instrument directed by the central EPP.
This approach has immediately given rise to controversy. No less than 14 national chambers of 11 different parliamentary assemblies have drawn the ‘yellow card’, stating that they found it in breach with the principle of subsidiarity. The Commission, however, has maintained its proposal without modifying a syllable. Nevertheless, while the European Parliament has adopted a resolution giving full support to the proposal, negotiations in the EU Council apparently rather tend to introduce a completely different structure based on a college model much in the vein of the existing Eurojust structure. Besides, not all Member States are willing to participate in the project. However, on the basis of a special procedure of so called enhanced procedure a smaller group of at least nine Member States could be allowed to go for it.
In September last year the T.M.C. Asser Instituut held a first academic conference on the proposal and the multitude of questions it raises. The conference debates have resulted in a volume bringing the contributions to the conference together under the title ‘The European Public Prosecutor’s Office, An Extended Arm or a Two-Headed Dragon?’ edited by L.H. Erkelens, M. Pawlik and myself and published by Asser Press. The book will be launched at a presentation at the premises of the T.M.C. Asser Instituut on November 14, opened by former Dutch Minister of Justice Ernst Hirsch Ballin, provided with a few speeches and presentations by policy makers and academics giving updates on the actual state of play as regards the proposal and followed by a forum debate between speakers and audience.
Please go for more information on the programme and the registration form as well as references to the book to the following Asser events website page: http://www.asser.nl/events.aspx?id=438&site_id=1