The State of Palestine accedes to the Rome Statute
On 7 January 2015, the President of the Assembly of States Parties to the Rome Statute (“the Assembly”), Minister Sidiki Kaba welcomed the deposit by the State of Palestine of the instruments of accession to the Rome Statute of the International Criminal Court and to the Agreement on the Privileges and Immunities of the International Criminal Court (APIC), which were notified on 6 January 2015 by the Secretary-General of the United Nations acting in his capacity as depositary.
The deposit of the instruments of accession by the State of Palestine, effected on 2 January 2015, brings to one hundred twenty-three (123) the number of States Parties to the Rome Statute, and to seventy-four (74) the number of States Parties to the APIC.
Recalling the common resolve of the States Parties to work towards achieving universality and full implementation of the Statute, President Kaba stated:
“Each ratification of the Rome Statute constitutes welcome progress towards its universality. I call on all members of the United Nations to join this permanent and independent system of international justice to fight against impunity and prevent the most serious crimes under international law, which is based on the principle of complementarity with domestic jurisdictions.”
On a related development, the Government of Palestine accepted, by means of a declaration under article 12(3) of the Rome Statute, the ICC jurisdiction since 13 June 2014. On 7 January 2015, the ICC Registrar addressed a letter to the government of Palestine accepting this declaration and transmitted it to the Prosecutor for her consideration.
Statue of ‘Haechi’, a Korean symbol of Justice to be unveiled in Peace Palace
In the main picture Mr. Tae-yul Cho, Vice Minister of the Korean Ministry of Foreign Affairs, delivering his speech.A “Haechi”, instead of its roar against evil, showed its smile at the unveiling ceremony at the Peace Palace in The Hague, on December 19th , 2014. It is a result of a first donation of artwork from the Korean government to the Peace Palace.
The “Haechi” is a mythical animal with righteous temperament distinguishing good and evil, punishing the wrongdoers, and guarding important monuments from any danger. Embroidered in the chest of the official costume of Daesaheon, the Inspector General in Joseon Dynasty of Korea, it is considered as a highly moral creature and a symbol of justice and law enforcement.
“The smiling Haechi statue”.The statue was realized by Sculptor Choi, Jinho who infused a gentle smile to granite stone mined from Korea. Sitting from now on in the main hall of the Peace Palace, this “Smiling Haechi’ will support the International Court of Justice, Permanent Court of Arbitration, and any efforts of mankind seeking justice.
H.E. Peter Tomka, President of the ICJ, H.E. Sang-hyun Song, President of the ICC, Dr. Bernard Bot, President of the Carnegie Foundation, H.E. Geert Jan Hamilton, Secretary General of the Dutch Senate, Tae-yul Cho, Vice Minister of the Korean Ministry of Foreign Affairs, Congressman Byung-suk Lee, former vice speaker of Korean National Assembly who initiated this project, Ambassador Jong-hyun Choe along with 50 guests attended the unveiling ceremony which was followed by a reception.
After the unveiling ceremony, from the far left to far right: H.E. Mr. Jonghyun Choe, Ambassador of the Embassy of the Republic of Korea to the Kingdom of the Netherlands, Mr. Tae-yul Cho, Vice Minister of the Korean Ministry of Foreign Affairs, Dr. Bernard Bot, President of the Carnegie Foundation, Mr. Byung-suk Lee Congressman and former vice speaker of the Korean National Assembly, and H.E. Mr. Peter Tomka, President of the ICJ.
![BW-VP-K016[1]](https://i0.wp.com/diplomatmagazine.eu/wp-content/uploads/BW-VP-K0161.jpg?resize=640%2C443&ssl=1)
Two hosts of the unveiling of the Haechi statue: Dr. Bernard Bot, President of the Carnegie Foundation and H.E. Mr. Jonghyun Choe, Ambassador of the Embassy of the Republic of Korea.
“The smiling Haechi statue”.The statue was realized by Sculptor Choi, Jinho who infused a gentle smile to granite stone mined from Korea. Sitting from now on in the main hall of the Peace Palace, this “Smiling Haechi’ will support the International Court of Justice, Permanent Court of Arbitration, and any efforts of mankind seeking justice.
H.E. Peter Tomka, President of the ICJ, H.E. Sang-hyun Song, President of the ICC, Dr. Bernard Bot, President of the Carnegie Foundation, H.E. Geert Jan Hamilton, Secretary General of the Dutch Senate, Tae-yul Cho, Vice Minister of the Korean Ministry of Foreign Affairs, Congressman Byung-suk Lee, former vice speaker of Korean National Assembly who initiated this project, Ambassador Jong-hyun Choe along with 50 guests attended the unveiling ceremony which was followed by a reception.
After the unveiling ceremony, from the far left to far right: H.E. Mr. Jonghyun Choe, Ambassador of the Embassy of the Republic of Korea to the Kingdom of the Netherlands, Mr. Tae-yul Cho, Vice Minister of the Korean Ministry of Foreign Affairs, Dr. Bernard Bot, President of the Carnegie Foundation, Mr. Byung-suk Lee Congressman and former vice speaker of the Korean National Assembly, and H.E. Mr. Peter Tomka, President of the ICJ.
![BW-VP-K016[1]](https://i0.wp.com/diplomatmagazine.eu/wp-content/uploads/BW-VP-K0161.jpg?ssl=1)
Two hosts of the unveiling of the Haechi statue: Dr. Bernard Bot, President of the Carnegie Foundation and H.E. Mr. Jonghyun Choe, Ambassador of the Embassy of the Republic of Korea.
ICC concerned with death of Meshack Yebei
ICC deeply concerned with reported death of Mr Meshack Yebei; stands ready to assist Kenyan investigations.
The International Criminal Court (ICC) expresses its deep regret at the reported abduction and violent death of Mr Meshack Yebei. Mr Yebei was allegedly abducted on 28 December 2014 and found dead on 2 January 2015.
Mr Yebei was not on the Prosecution witness list nor was he in contact with Prosecution staff at the time of his abduction. “While local authorities are conducting further examination, the family of Mr Yebei has confirmed the identity of his body. We express our profound condolences to the family”, stated Herman von Hebel, ICC Registrar. “The Court is profoundly concerned by this grave reported incident. It stands ready to provide the local authorities with any assistance, if required, in their investigations. Ensuring the safety and security of witnesses is a cornerstone of fair trials”, he added.
While the ICC Registry had offered Mr Yebei security measures, including a safe residency in a new location, he returned to Eldoret where the incident reportedly took place. The ICC Registry is in contact with Kenyan authorities, seeking further information on the investigative steps taken at the national level.
The ICC remains strongly committed to the safety, security and well-being of all witnesses and relies on cooperation from States parties for the adequate protection of witnesses. Currently, more than 650 witnesses, victims and families’ members are provided with protective measures by the Court.
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.