Six newly elected ICC judges to be sworn in on 10 March 2015. A swearing-in ceremony for six new judges of the International Criminal Court (ICC) will be held on Tuesday 10 March 2015, at 15:30 (The Hague local time) in Courtroom I at the seat of the Court in The Hague (Netherlands). Judges Marc Perrin de Brichambaut (France), Piotr Hofmański (Poland), Antoine Kesia-Mbe Mindua (Democratic Republic of the Congo), Bertram Schmitt (Germany), Péter Kovács (Hungary) and Chang-ho Chung (Republic of Korea) were elected for nine-year terms during the thirteenth session of the Assembly of States Parties to the Rome Statute in December 2014. The judges will take a public oath declaring: “I solemnly undertake that I will perform my duties and exercise my powers as a judge of the International Criminal Court honourably, faithfully, impartially and conscientiously, and that I will respect the confidentiality of investigations and prosecutions and the secrecy of deliberations”.

ICC Judge Sang-Hyun Song delivering the 3 March 2015 Appeals Chamber’s judgment regarding the decision issuing an arrest warrant for Abdallah Banda ©ICC-CPI .   Today, Judge Sang-Hyun Song, Presiding Judge in this appeal, read a summary of the Appeals Chamber judgment and explained that the issue on appeal was not the issuance of the arrest warrant itself but the question of whether the Trial Chamber should have provided Mr. Banda with a further opportunity to present submissions on the appropriateness of replacing the summons to appear with a warrant of arrest after being satisfied that Mr. Banda would not appear voluntarily for his trial. The Appeals Chamber noted that Mr Banda had not demonstrated that, in the absence of the alleged error, the Trial Chamber decision would have substantially differed from the one rendered. Furthermore, Mr Banda had not put forth any legal argument in support of the contention that the procedural step of inviting further submissions was required as a matter of law. The Appeals Chamber also noted that the Trial Chamber’s decision left open the possibility to “revisit […] the conditions of [Mr Banda’s] stay in The Netherlands during trial” in the case of his voluntary appearance after the issuance of the warrant of arrest. For these reasons, the Appeals Chamber deemed it appropriate to confirm the Trial Chamber’s decision.   Background: On 11 September 2014, Trial Chamber IV issued an arrest warrant against Abdallah Banda Abakaer Nourain. The Chamber also vacated the trial date – previously scheduled for 18 November 2014 – and directed the ICC Registry to transmit the new requests for arrest and surrender to any State, including the Sudan, on whose territory Mr. Banda may be found. Trial Chamber IV had requested the Government of Sudan’s cooperation to facilitate the accused’s presence at trial. This cooperation, according to the information provided by the Registry, is not forthcoming. By way of consequence, the Chamber considered that there are no guarantees that, in the current circumstances, he will be in an objective position to appear voluntarily, regardless of whether he wishes to be present at trial or not. The Chamber concluded that an arrest warrant is now necessary to ensure the accused’s presence. Abdallah Banda faces three charges of war crimes (violence to life in the form of murder, whether committed or attempted; intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission; and pillaging). These crimes were allegedly committed in an attack carried out on 29 September 2007, against African Union Peacekeeping Mission in Sudan, at the Haskanita Military Group Site, in the Umm Kadada locality of North Darfur, Sudan. While the case initially involved Saleh Mohammed Jerbo Jamus, Trial Chamber IV terminated the proceedings against him on 4 October 2013, upon receiving evidence pointing towards his death.

By Baron Henri Estramant.   An economic mission organised by “Luxembourg for Finance” took place in Abu Dhabi from 1-3 March 2015. The mission was presided over by His Royal Highness The Hereditary Grand Duke of Luxembourg, Prince Guillaume accompanied by his wife, Stéphanie, the Minister of Finance, Pierre Gramegna, and a Luxembourgian business delegation. The mission’s aim is to promote greater collaboration between Luxembourg and the United Arab Emirates when it comes to financial services. The Hereditary Grand Ducal Couple was received in audience to discuss bilateral relations, and the boost of economic ties by His Highness Sheikh Abdullah bin Zayed Al Nahyan, Minister of Foreign Affairs of the UAE. Their Royal Highnesses and the Minister of Finance were particularly eager to meeting representatives of Abu Dhabi’s Sovereign Wealth Fund to learn from their experience for Luxembourg’s very own Inter-generational Sovereign Fund. The net worth of Abu Dhabi’s sovereign fund is estimated to amount to $773 billion. Minister Pierre Gramegna met the Governor of the UAE’s Central Bank, HE Mr. Mubarak bin Rashid bin Khamis Al Mansoori, moreover the CEOs and presidents of the main banks established in the Emirate of Abu Dhabi. He also took the opportunity to meet Mr. Ahmed Al Sayegh, President of Abu Dhabi Global Market (ADGM). The princely economic mission followed a visit on 28 October 2014 by Luxembourg’s young and rather active Prime Minister Xavier Bettel. At the time he was met at Mina al-Salam Hotel, in Dubai, by the Emirati Minister of Foreign Affairs. The meetings were also attended by the UAE’s non-resident ambassador to the Grand Duchy of Luxembourg, Mr. Sulaiman bin Hamid bin Salim Al Mazroui. He is resident in Brussels, and responsible for relations also to Belgium and the EU.   For more information: Ministry of Finance: www.gouvernement.lu/4497775/01-gramegna-abudhabi Luxembourg for Finance: www.luxembourgforfinance.com Abu Dhabi Investment Authority: www.adia.ae/En/home.aspx    

By Mete Erdurcan and Baron Henri Estramant.   The Ngwenyama of Swaziland, His Majesty King Mswati III, opened the new session of the Swazi parliament on Thursday, 26 February 2015. He addressed the nation and urged them to ‘protect the country’ from certain groups that can portray a negative image of Swaziland to the world. To maintain the country’s good image, the Ngwenyama of Swaziland (lit. “Lion of Swaziland) urged his subjects to remain “loyal” and be “patriotic”. King Mswati III, born under the name of Prince Makhosetive Dlamini (of the Royal Clan Dlamini) on 19 April 1968, is the last semi-absolute monarch of Africa, and the world. At the time of his appointment to the throne, he was the youngest reigning monarch, being merely 18 years and 6 days back in 1986. The Ngwenyama of Swaziland sways a lot of political power in the sub-Saharan country, fully engulfed by South Africa. He appoints the Prime Minister, other top governmental posts, as well as the traditional chieftains. However the King’s powers are not “absolute” as often stated in the international media. He must adhere to Swazi customs, and cannot even choose his own successor amongst his sons as rules of succession are complicated, and determined by tradition and origin; though the Ngwenyama must belong to the Dlamini Clan. He is considered to be the country’s administrative Chief of State whereas the Indlovukazi (Queen Mother, or lit. Great-She Elephant) is the traditional, ceremonial and religious Head of State. According to Swazi protocol the Indlovukazi, Queen Ntfombi even outranks her son.   In 1973, the Parliament of Swaziland was disbanded by the late King Sobhuza II (reigned 1921-1982), but reinstated by King Mswati III. To decide on the matter of cabinet appointments, The King is advised by His Prime Minister.    

  In the context of its on-going preliminary examination of the situation in Colombia, a delegation from the Office of the Prosecutor (“OTP” or “Office”) of the International Criminal Court (“ICC” or the “Court”) conducted a mission to the Republic of Colombia from 1 to 13 February 2015. The purpose of the mission was for the Office to continue its constructive engagement with the Government of Colombia and to assess progress on national proceedings in relation to the areas of focus identified in the interim report on the situation, published in November 2012, in particular on sexual crimes, the killings known as “false positives” and forced displacement. These are three of the five areas on which the Office is focusing its attention. The current phase of the preliminary examination of the situation in Colombia requires the OTP to examine relevant national proceedings to determine whether all those most responsible for the most serious crimes under the subject matter jurisdiction of the Court are being brought to account. In particular, the OTP is required to assess whether on-going investigative steps in relation to specific cases are concrete and progressive. The evaluation is not based on future developments, but rather on concrete existing facts. The Prosecutor reiterates her support to Colombia’s ongoing efforts to bring an end to the decades-long armed conflict, in line with its obligations under the Rome Statute.  The principles of the Rome Statute reflect the consensus of the international community in recognizing the integral role of justice in ensuring sustainable peace, stability and security.  Peace and justice are indeed mutually reinforcing. During the visit, the Office held talks with senior officials from the executive and the judiciary, as well as with representatives from civil society and international organisations.  Meetings were also held with the Inspector General of the Nation (Procurador General de la Nación) and members of Congress, at their request.  The Prosecutor is grateful to the Government of Colombia for facilitating the visit and for providing the necessary support. The OTP looks forward to continued engagement with the Government of Colombia, and civil society.