Sports Law ‘Lunch & Learn’ lecture series at Asser
By: Thalia Diathesopoulou, T.M.C. Asser Instituut
The Asser Sports Law ‘Lunch & Learn’ lecture series, organised by The Asser International Sports Law Centre, aims to introduce participants to the most pressing questions in the field of international sports law, by giving the floor to outstanding academics and practitioners.
The latest ‘Lunch & Learn’ lecture was held on Wednesday 19 November with a presentation on “The new FIFA Regulations for players’ agents: De-regulation or Re-regulation?” by Dr. Roberto Branco Martins. Dr. Branco Martins, in his dual capacity as lecturer in Labour Law and Sport and International Sports Law at the University of Amsterdam and as the founder of Pro Agent, an organisation which represents supports and promotes the interests of licensed players’ agents, provided a comprehensive insight into the new FIFA Regulations on working with intermediaries.
By drawing a comparison between the new FIFA Regulations on working with intermediaries, which will be in force as from 1 April 2015, and the current FIFA Regulations on Players’ agents, Dr. Branco Martins expressed concerns whether the new Regulations lead to more transparency and efficiency with regard to the profession of players’ agents. Special focus has been put on the still unsettled interplay between the rules of FIFA, European law and international law. The presentation was followed by a fruitful discussion on the impact of this recent development on the professional football world, giving the opportunity to participants –in their majority legal practitioners and players’ agents- to engage directly with the speaker, raise their questions and share their experiences.
The next lecture of The Asser ‘Lunch & Learn’ lecture series will be held on 10 December. Mr. Stanislas Frossard, Executive Secretary of Council of Europe’s “Enlarged Partial Agreement on Sport” (EPAS) will give a first-hand glimpse at the “Council of Europe Convention on the Manipulation of Sports Competition”. Students, legal scholars, practitioners and, more generally, everyone interested in the integrity of sports is very much welcomed.
If you wish to find out more about the upcoming lectures, events or the week-long Summer Programme organised by the Asser International Sports Law Centre we encourage you to visit our website and blog, subscribe to our newsletter or follow us on twitter and Facebook.
Diplomacy pillar of success in Utrecht
By Menno de la Vienne, Utrecht Investment Agency.
Some 300 years ago, countries in the world were allocated again in Utrecht. For more than eighteen years, arch-enemies England and France negotiated about peace in Europe. The conference, in which all countries of the continent participated, was to end bloody religious wars. Because almost every participating country also had overseas colonies, diplomatic marathon sessions led to a new division of spheres of influence throughout the world.
“The Treaty of Utrecht in 1713, or Peace of Utrecht as we call it, set a standard for solving international problems”, said Menno de la Vienne, director of the Utrecht Investment Agency and also special advisor to the Chamber of Commerce of the Dominican Republic. “The whole conference aimed to achieve results without any of the parties losing face. This is still the way international diplomacy works – be it diplomatic matters or trade relations.”
The UIA facilitates companies in establishing their office in Utrecht; the organization supports in finding an office location, applying for permits and advice on staff recruiting. The Utrecht region is home to 900 international companies. The power of Utrecht has not changed in the last 300 years. “The Treaty of Utrecht conference was held in Utrecht because it is centrally located and has a strong infrastructure. Moreover, people praised the service oriented and pragmatic attitude of both city council and citizenry,” said De la Vienne. During the conference the Town Hall had two entrances so the envoys of Britain and France could enter simultaneously. The Calvinist prohibition on theater was temporarily suspended. “Today, we see a similar service oriented attitude. Therefore, the start of the Tour de France, which takes place in Utrecht next year, will surely be a success.”
Collaboration
Once, Utrecht organized the first successful European peace conference – today Europe looks with admiration to the success of Utrecht. European studies showed twice that Utrecht is the most attractive region for companies to be located. However, this does not mean that companies blindly select the city to settle. “The UIA slowly extends the success of the Utrecht as the panacea for companies with relocation requirements. As Part of the Economic Affairs department of the Municipality of Utrecht, we have been very successful.” To illustrate this success, De la Vienne provides some numbers. “We have supported forty companies in 2014 by acting as a liaison to appropriate agencies and organizations. For five leading (international) companies the UIA catered the complete establishment process. A substantial contribution to employment in the city.”
Menno de la Vienne is familiar with the diplomatic world, not only through his work for the Dominican Republic, but also because he was internationally active earlier in his career. “I owned companies active in Human Capital Management. In that context I set up companies in Curacao for example, commissioned by the local government.” De la Vienne knows the importance of embassies and their staff. “Embassies know what entrepreneurs from their country need and they know the mores of business in their country. The good relations that the UIA maintains with diplomatic representatives contribute to the success of the agency and thus to the success of the Utrecht economic region.”
The UIA director identifies a major similarity between his organization and diplomacy: facilitating contacts, bringing people together and disseminate the unique selling points of a country or region.
Carthage, the ancient city-state
By Roy Lie A Tjam.
On Wednesday 26 November 2014, shortly before the official launch of the impressive exhibition about Carthage by H.E. Mr Mourad Sakli, Tunisia’s Minister of Culture, Dr Win Weijland, director of the National Museum of Antiquities in Leiden, gave an introduction to the exhibition.
Dr Weijland first expressed gratitude for the Tunisian Government’s outstanding contribution to making the exhibition possible. Weijland said they received full cooperation from the government and have been refused almost nothing. The Opening Carthago 26 November 2014 (10)Rijksmuseum van Oudheden cherishes this bond with Tunisia and considers it the start of a long-lasting cooperation.
Approximately 160 impressive exhibits have been made available by Tunisian institutions. To reciprocate, MUO Leiden is to organise an exhibition in the Musee National de Carthage in 2015. This project will focus on 3 key elements: research, education and archeology. Furthermore, a student exchange program will be created. Dr Weijland calls the project cultural diplomacy. Tunisia envisages enriching her current tourism package by highlighting cultural and historical sites, including the rich assets of the ancient city of Carthage.
Carthage, the ancient Mediterranean city-state of splendour, vigour and grandeur, still marvels millions of people around the globe. Founded in 814 BC on the shores of what is today the Republic of Tunisia, she became an influential world power of culture and trade. The grandeur of Carthage surpassed by far that of the settlement Timgad-Thamugadi, also on the North African coast. Carthage was unfortunately savagely destroyed by Roman troops in 146 BC. One fact that undeniably made Carthage so extraordinary was the home it provided to numerous ethnic communities such as Egyptians, Romans, Greeks, Africans and Punic society. All peacefully living side by side in a cosmopolitan city.
Never before have so many objects from Carthage been exhibited in the Netherlands and a visit to this unique exhibition is highly recommended. The venue is Rijksmuseum van Oudheden, Leiden and Carthage will run from 27 November 2014 to 10 May 2015.
The exhibition sponsors include Tunisia Verkeersbureau Nederland, Tunair and The Embassy of Tunisia to the Netherlands.
Approximately 160 impressive exhibits have been made available by Tunisian institutions. To reciprocate, MUO Leiden is to organise an exhibition in the Musee National de Carthage in 2015. This project will focus on 3 key elements: research, education and archeology. Furthermore, a student exchange program will be created. Dr Weijland calls the project cultural diplomacy. Tunisia envisages enriching her current tourism package by highlighting cultural and historical sites, including the rich assets of the ancient city of Carthage.
Carthage, the ancient Mediterranean city-state of splendour, vigour and grandeur, still marvels millions of people around the globe. Founded in 814 BC on the shores of what is today the Republic of Tunisia, she became an influential world power of culture and trade. The grandeur of Carthage surpassed by far that of the settlement Timgad-Thamugadi, also on the North African coast. Carthage was unfortunately savagely destroyed by Roman troops in 146 BC. One fact that undeniably made Carthage so extraordinary was the home it provided to numerous ethnic communities such as Egyptians, Romans, Greeks, Africans and Punic society. All peacefully living side by side in a cosmopolitan city.
Never before have so many objects from Carthage been exhibited in the Netherlands and a visit to this unique exhibition is highly recommended. The venue is Rijksmuseum van Oudheden, Leiden and Carthage will run from 27 November 2014 to 10 May 2015.
The exhibition sponsors include Tunisia Verkeersbureau Nederland, Tunair and The Embassy of Tunisia to the Netherlands.
Challenges and Opportunities of Georgia’s Path towards Europe’s Institutions
Photography by Hasan S. Aloul.
Keynote of H.E. David Usupashvili‘s lecture by Mete Erdurcan.
On the 18th of November the Hague Institute for Global Justice, together with The Embassy of Georgia to the Kingdom of the Netherlands, had a guest speaker from Georgia; this was His Excellency David Usupashvili, chair of the Parliament of Georgia. The lecture was connected to the official visit of His Excellency Usupashvili to the Netherlands.
Mr. Usupashvili first started by addressing the recent events around the domestic politics in Georgia, in which he stated that an internal issue within the Georgian political arena will not affect foreign policy and that Georgia will continue its course towards increased integration with the EU and NATO. He added that the change of the pro-Western coalition had not changed Georgia’s course and thus, linked with historical ties, will not happen.
Furthermore Mr. Usupashvili stated that the current coalition preferred peaceful relations with the Russian Federation, above the tenser situation Georgia found itself in, with the previous government. In the matter of the recent proposal from Russia to incorporate the de-facto government of Abkhazia into the Eurasian Economic Union, Mr. Usupashvili announced that this would be harmful strategy to pursue, as the other members would surely decline this, due to the disputed status of Abkhazia.
Armenia’s entry into this Union is a great concern to Mr. Usupashvili as he does not believe to the highest priority of many Armenians. He believed that it would conflict with the Armenian interests, as the Russian Federation tries to benefit from the conflicts Armenia is involved in. Moreover, he added that nothing would change with regard to relations with Armenia, Turkey and Azerbaijan
In the matter of the recent developments in Ukraine, Mr. Usupashvili showed great concerns, considering Georgia’s similar problems with the Russian Federation. He believed that the situation would work out negatively and feared further escalation regarding Abkhazia. These events also affect Georgia in economic sense, as investors fear instability in the region. Despite the negative events Mr. Usupashvili noted that there was a continual rise in the tourism sector.
Finally, in the Q&A session Mr. Usupashvili stated that the European presence in the region should be maintained, and in case that this would fail to happen, that this could show a sign of decreased interest in the Georgian case from the European side, resulting in more invasive actions from Russia.
Creating Relationships: A New and Old Lens for Thinking Diplomacy
By Benjamin Miller.
My father once taught me that when you meet someone for the first time the first thing you should do is figure out what you have in common. This is an old and powerful insight that has driven liberal theories of justice and peace for hundreds of years. Some idea of what we all have in common is proposed—for example, rationality, freedom, and equality—and then justice and peace becomes a matter of setting up a system that respects, fosters, and builds on that commonality. Well as I’m sure you’re all aware, the universal has come to be regarded with great suspicion. While acknowledging the legitimacy of these suspicions and the risk involved in making universal claims, I don’t think we should completely abandon such a compelling insight. And so I would like to propose a new starting point that diplomats might use as the seed of a new way to think about international politics.
The starting point I’d like to propose is as follows: we were all born categorically dependent. What happens after (and what happened before) that hugely differs based on where one lives, one’s gender, whether one has living parents, and a million other variables. All these factors radically alter our lives, but they do not alter the fact of our fundamental dependency (only how these needs are met). I think this is a good starting point for thinking about international politics because, if there is ever going to be justice and peace, the most fundamental condition it must meet is this dependency.
There are two basic strategies one can take to meet dependency. One can seek independence or interdependence. The pursuit of hard power, of guns and money, is essentially the pursuit of independence. The pursuit of soft power, of friends and allies, is essentially the pursuit of interdependence. Perhaps one of the greatest contributions of liberal diplomatic theory to date has been the acknowledgement that, especially in our globalized age, complete independence is impossible. And so both types of power must ultimately come to serve one overarching strategy of interdependence in which we find the diplomat at the fulcrum.
We now have a logical path for discovering what justice and peace would entail. Justice is the quality of a system that promotes successful interdependence for all. Peace is both the result and the only condition under which such a system can persist. So what is successful interdependence? Successful interdependence consists in relationships that meet the needs of all involved to the greatest extent possible (which may not be completely). The diplomat has the special role of fostering and promoting a subset of these relationships, those that exist across the special barrier of state borders. The question that the diplomat must ask themselves daily is how the relationships they are building help to meet the needs, and not simply the desires or interests, of all who are directly or indirectly implicated in these relationship.
East-West Security in the Technological Age!
East-West Security in the Technological Age! “Is technological age Diplomacy (Soft Power) Mightier than the Sword?”
By Leo Miller, International Relations, Ethics, Comparative Religion, Communications, and International Relations, TUT Estonia
Some historians believe that it is more than fortuitous that the current conditions confronting Europe, former Soviet States, and Europe’s neighbors in 2014 resemble the way history took place at this same point during the last century. In other words there is some resemblance to what was occurring in 1914 (e. g.): a recently weakened Russia, a recently strengthened Germany, a pan Slavic movement that took a violent turn (with Russia drawn into the conflict in behalf of Slavic people), a global financial crisis (known as The Great Financial Crisis of 1914), and the breakdown of international diplomacy.
Diplomacy is the focus of this article but the article also stresses the value of what can be learned from history (which means we can learn, grow, and progress in ways that allow avoiding the same mistakes of history) and, as well, the article highlights the new possibilities for diplomacy (offered by 21st century technologically advanced strategies for more inclusive diplomacy—which are not only more advantageous for the national interest of the stakeholders, EU interests, and the global interests represented but, as well, for the interests of the stakeholders at multi-levels). Multi-level stakeholders include the interests of the national parties involved but, in addition, stakeholders like the UN, international economic institutions (who hope to avoid deepening the global economic crisis for both Europe and its neighbors), but most importantly stakeholder interest in terms of the human/social cost of escalating this conflict). Thus, this article is written from the perspective of what the technological revolution offers as a “Third Force” in diplomacy (the potential that new technology offers for revolutionizing diplomacy and increasing the potential effectiveness of soft power diplomacy).
The third force (the notion that knowledge is power that accompanies the technological age) also represents the power to actually reconcile a dichotomy that is a reflection of what emerged after the First World War (the dichotomy exists until today and the significance of this schism can be thought of in terms of the question raised for many international relations scholars, “Why does Peace Fail?”). However, the consequential 20th century phenomenon known as a bipolar global arena (otherwise referred to as an East-West stand-off that dominated much of the last century) has roots that are deeply embedded in the Western psyche that stem to issues concerning Modernity and are manifest in the 20th century as the split between the Eastern perspective on idealism and the Liberal idealism of the West (the realization of which has always been offset by the persistence of Realism that is actually evident on both sides of The Renewed East-West Tension). The outdated approach to international relations—based on the confrontational power and dominance paradigm—which are at work in this crisis ignite sparks that threaten to escalate into similar dynamics that sank Europe into one of the most painful centuries of its history.
The dynamics at work in the current situation (that has rekindled memories of recent history as well as fears concerning the possibility of reducing existence to an intolerable state) have actually been centered-around Ukraine’s right to autonomy and peaceful coexistence (exasperated by accusations on both sides regarding who and/or what is actually interfering with Ukraine’s right). But as the tensions escalate the concern has expanded from Ukraine to whether or not other former Soviet States will be able to continue enjoying their right to sovereignty and peaceful coexistence plus there is the issue of what guarantees that rights to autonomy and sovereignty will be respected (is that right guaranteed by international normative principles that establish legitimacy and/or can global normative principles resolve the long-standing dichotomy between Eastern and Western idealism (conflict over what is in the best interest of The PEOPLE) which has always been offset by the predominance of Realism (the tendency for power and dominance to overrun what is in the best interests of PEOPLE). Given that the initial issue had to do with Ukraine’s right to sovereignty and autonomy the fact that the conflict escalated is due to another dimension that is playing a part in and, is at work in, creating these larger dynamics. When scrutinized closely a careful analysis will reveal what is really perpetuating the manifestation of co-opetition clearly evident in the current EU/West-Russian crisis.
In terms of the apparent facts connected with the current events (especially in regards to the implications for the security of other former Soviet States) the issue centers around the upset of equilibrium and the prospect of being able to move forward with realizing the vision of Europe and Russia continuing to cooperate to reduce their mutual security threats and to increase the possibility of expanding the zone of peace, security, and prosperity (which clearly includes a role for cooperation between Russia and the West in regards to security which is the original vision that prompted the interest in Russian and Western cooperation)?
This was in fact the vision put forward after World War One (which took the form of the League of Nations—primarily—and to some extent UNESCO). What deserves careful and sensitive attention, at this point in history, is why peace failed (after the attempts with the League of Nations and UNESCO) and why Realism resumed dominance in international relations and there is concern with how to reverse this current tendency which threatens to plunge EU and Russia back into the same Realist patterns of hatred, violence, force (fascism), and destruction. Also careful attention needs to be paid to the reason why after the Cold War the increasing cooperative agreements (in terms of security agreements, Russia joining WTO—which indicated an interest in taking necessary steps toward economic reform, agreements concerning The War on Terror, and several joint military exercises over/on the Baltic Sea) has now deteriorated into co-opetition (and confrontation with each other in the Baltic Sea region). Careful analysis will reveal the reason behind this sudden reversal and strange deterioration (the term co-opetition is used to indicate the extent of economic and security arrangements that were once cooperative that have now become competitive but also, at the same time, continuously and unavoidably interdependent).
The crisis has actually shifted from the original prospects of being able to diplomatically settle the most pertinent issue (e. g.): supranational negotiations about what comprises legitimacy and what comprises a just cause for international intervention (regardless of whether the intervention is unilateral or multilateral) and the prospect of neutrality (which is necessarily inclusive of respect for sovereignty). These operative principles of international law have deteriorated into each side blaming the other of initiating security threats (in regards to intrusion into each other’s territorial sphere). The mounting rhetoric has neither addressed the urgent issue(s) nor reduced the threat each side accuses the other of posing to territorial integrity. And in some respects the whole series of exchanges has merely turned into a blame game. Persistence in this direction will make everyone a loser (including increasing the threat to other former Soviet States). Is there a way out of what appears to be an impasse that increasingly seems to be irreconcilable?
Perhaps a first step toward peaceful resolution is to respect Ukraine’s very clear shift toward stability and unity in the form the election of Petro Oleksiyovych Poroshenko (the current president of Ukraine who won with a clear majority indicating sufficient popular support to avoid a runoff). The newly elected president seems to hold a viable vision for the immediate Ukrainian future based on peaceful coexistence, sovereignty, and cooperation (with both the East and the West—or at least he seems to be sensitive to the necessity of negotiating without aggravating the situation). Poroshenko describes this as a mutually beneficial outcome for all stakeholders which would at the same time provide Ukraine the autonomy it needs to take the necessary steps toward unifying the country. With the rights of Ukraine established (empowering it to move forward autonomously to manage its own internal issues) the next step will be to deescalate the tension between Russia and the West.
Russian foreign minister Sergey Viktorovich Lavrov announced at a Russia-EU meeting in mid-October 2014 that the direction that international events move toward is based on the idea of the future held by the international agents that are engaging each other. He claims that Cosmopolitan rationality would make it prudent to use diplomatic means to normalize current EU-Russian relations and to continue on the path of increasing security and prosperity for both (the agreements that were diplomatically established prior to this crisis). Frank-Walter Steinmeier, German Minister for Foreign Affairs, states that the solution to the current crisis lies in diplomatic dialogue. However, today’s multi-level technologically advanced approach to diplomacy offers even more opportunity for a break-through than in the past. In short foreign affairs experts and diplomatic officials stress that there are three key traditional factors to diplomacy that could be employed immediately and a fourth that is provided by technological advancements:
- Diplomacy is and always has been a means of representing what is in the best interest of a state in ways that improve relationships with another state.
- Diplomacy urges international agents to pay sensitive and respectful attention to international norms which are considered to be the basis of legitimacy.
- Diplomacy requires an extremely high degree of integrity as the diplomatic agent presents vital concerns in a way that are true to the facts but also in a way that proposes solutions that are in line with the principles prescribed by international norms.
- The fourth is a new dimension made possible by multi-track diplomacy that allows for inclusiveness and sensitivity to the voice of PEOPLE. Appropriate responsive to this new dimension is considered to be the basis of “Smart Power” and Soft Power (which today is considered to supersede the prior emphasis on Hard Power). Inclusiveness of the new extended view of diplomacy would reduce the threat to the well-being of People and increase the range of options for cooperative and beneficial outcomes. This new dimension (the basis of which—in terms of multi-track diplomacy—can be described as the power of epistemic communities (experts in diplomacy that have the power to influence policy and who are afforded instant communication with each other by means of technological advancements in information communication technology).
Belgian Dowager Queen passes away
By Duke Michael of Mecklenburg.
On 6 December 2014, The Dowager Queen Fabiola of Belgium, née Fabiola Fernanda María de las Victorias Antonia Adelaida de Mora y Aragón (11 June 1928) passed away at the honourable age of 86 years old.
In 1960 Fabiola married to the then King Baudouin I. The marriage was childless. Throughout her life, she contributed to the good of society through charitable work, cultural education, and the arts in Belgium and abroad.
A period of national mourning takes places between 6 and 12 December, day wherein her state funeral takes place in Brussels.
Diplomat Magazine presents its deepest commiseration to her family and friends.
43rd Anniversary of the United Arab Emirates
By Roy Lie A Tjam.
H.E.Abdalla Hamdan Alnaqbi can look back on an excellent 2014 UAE National Day reception at the Kurhaus Hotel. The event attracted scores of Ambassadors, diplomats and friends. For a fact, The United Arab Emirates National Day celebration is one of the major annual events taking place in The Hague. A raffle was part of the program, the prize? a trip to the UAE. Congratulations to Ambassador Abdalla Hamdan Alnaqbi for organizing an unforgettable evening.
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Kenyatta case
Kenyatta case: ICC Trial Chamber rejects request for further adjournment and directs the Prosecution to indicate either its withdrawal of charges or readiness to proceed to trial
The Trial Chamber V(B) of the International Criminal Court (ICC) issued a decision on December 3th rejecting the Prosecution’s request for a further adjournment of the case against Uhuru Kenyatta, as well as the Defence’s request to terminate the proceedings. The Chamber instead directed the Prosecution to file a notice, within one week, indicating either (i) its withdrawal of the charges in this case, or (ii) that the evidentiary basis has improved to a degree which would justify proceeding to trial.
On the same day, in a separate decision, the Chamber also rejected a Prosecution request for a finding of non-cooperation against the Kenyan Government and referral of the matter to the Assembly of States Parties (ASP) to the ICC Rome Statute.
Decision rejecting further adjournment of the case
In its decision rejecting the Prosecution’s request for a further adjournment of the case, the Chamber noted factors including the Prosecution’s admission that the evidentiary basis remains insufficient to support a conviction and the Prosecution’s concession that it remains speculative whether the information sought in the cooperation request would, even if obtained, be sufficient to support the charges. The Chamber also noted the accused’s right to be tried without undue delay and the presumption of his innocence. The Chamber found that a further adjournment would be contrary to the interests of justice under the circumstances. The Chamber considered also the victims’ legitimate interests, which include seeing those responsible for the crimes committed being held accountable. However, the Chamber noted that these interests must be balanced with other interests of justice, and, in light of the circumstances mentioned above, found that it would not be in the interests of justice, or of the victims, for the proceedings to be further adjourned on the current basis.
Having ruled upon the adjournment request, the Chamber indicated that, unless the evidentiary base has now improved to a degree which would enable the trial to proceed, it considered the appropriate course of action to be a withdrawal of charges by the Prosecution. The Chamber additionally found that, in the event of a withdrawal of charges, its decision would not prejudice the right of the Prosecution to bring new charges against the accused at a later date, based on the same or similar factual circumstances, should it obtain sufficient evidence to support such a course of action.
Decision on Prosecution’s application for a further adjournment
Decision on the Kenyan Government’s cooperation
On 29 November 2013, the Prosecution filed an application for a finding of non-cooperation against the Kenyan Government, alleging that the Government had failed to comply with a request to produce financial and other records relating to Mr Kenyatta.
After considering the submissions of the parties and participants on this issue, the Chamber issued a decision, today, rejecting the application for referral of the matter to the Assembly of States Parties. Following a detailed assessment, the Chamber found that the approach of the Kenyan Government to the cooperation had not met the standard of good faith cooperation required from States Parties under the Rome Statute. In particular, the Chamber found that the Kenyan Government had taken no meaningful steps to compel production of the materials requested by the ICC Prosecutor. According to Trial Chamber V(B), the Kenyan Government’s non-compliance has impinged upon the Court’s ability to fulfil its functions and powers and in particular, the Chamber’s truth-seeking function.
However, in the context of the potential for a referral to contribute to a fair trial, the Chamber noted its denial of the adjournment request. The Chamber also noted, amongst other things, the Prosecution’s delay in pursuing investigations and in following up on the request for cooperation. The Chamber stressed that the issue of the Kenyan Government’s compliance with the cooperation request should have been addressed at a much earlier stage; it found that doing so would have mitigated the impact that the non-compliance has had on the proceedings in this case to a significant degree.
In conclusion, despite having expressed strong concerns regarding the approach of the Kenyan Government, the Chamber exercised its discretion in not referring the matter to the Assembly of States Parties, since the Chamber was not persuaded that a referral would facilitate a fair trial, was in the interests of justice or was otherwise appropriate in the particular circumstances.
The parties may seek the Chamber’s authorisation to appeal either of these decisions.
Lyric and classical Tunisian concert
By: Haris Achterber.
A lyric and classical concert performed by the Tunisian soprano Yosra Zekri and accompanied by Mehdi Trabelsi at the piano was organized on Friday 28 November by the embassy of Tunisia in the Netherlands and the Tunisian National Tourist Office on the occasion of the exhibition on Carthage in the National Museum of Antiquities in Leiden.
His Excellency Mr Karim Ben Becher Ambassador of the Republic of Tunisia to the Kingdom of the Netherlands in his opening speech invites everyone to visit this exhibition which introduces the illustrious history and archaeological treasures of one of the ancient world’s most legendary cities. Never before has there been such a large exhibition about Carthage in the Netherlands.
As Ms Wahida Jaiet Managing Director of the Tunisian National Tourist Office states “Tunisia is not merely a land of sun and hospitality but a land of 3000 years history, civilization and culture. A land where people are paving the way for a better future”.
