National Law University, Delhi, won the final round of the ICC Trial Competition

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On 23 May 2014, National Law University, Delhi, won the final round of the International Criminal Court (ICC) Trial Competition, English version. Pictured here is the winning team with ICC Judge Howard Morrison in ICC Courtroom I in The Hague (Netherlands), from left to right:Judge Morrison, Dhruv Sharma, Amrutanshu Dash, Sanjeevi Seshadri, Ishan Patnaik and Rakesh Jayakumar © ICC-CPI Today, 23 May 2014, National Law University, Delhi, won the final round of the International Criminal Court (ICC) Trial Competition, English version, held in ICC Courtroom I in The Hague (Netherlands). Hebrew University of Jerusalem and China Foreign Affairs University won, respectively, second and third place. The winning team comprises Dhruv Sharma, Amrutanshu Dash, Sanjeevi Seshadri, Ishan Patnaik and Rakesh Jayakumar. The Best Speaker award from the entire English-language competition went to Elizabeth Brown of the University of New South Wales, which competed in the preliminary rounds. This year, 49 teams comprising a total of 290 participants from 35 countries worldwide participated in this year’s English-language simulation exercise on the applicable law and jurisprudence of the ICC. Before a bench composed of ICC Judge Howard Morrison (presiding), Special Assistant to the ICC President Philipp Ambach, and ICC Legal Officer Mary-Anne Power, the teams competed on a fictitious case, presenting oral arguments during an appeals hearing in the roles of Prosecution, Defence and Legal Representatives of a Government. After a break for deliberations, ICC Judge Morrison announced the bench’s decision and an awards ceremony was held for all participants. The finalists’ peers attended the event in the Court’s public galleries and the event was web streamed live on the Court’s official website. The ICC Trial Competition is organised by the Grotius Centre for International Legal Studies of Leiden University, The Hague Campus, with the institutional support of the ICC. Also cooperating on the project are the Federal Department of Foreign Affairs (FDFA) of Switzerland, the Planethood Foundation, the Ministries of Foreign Affairs of Luxembourg and The Netherlands, the Municipality of The Hague, the Ministry of Security and Justice of the Netherlands, The Hague Institute for Global Justice, the Embassy of Ireland, the Lutfia Rabbani Foundation, and the International Committee of the Red Cross. In the context of its Academic Programme, the ICC supports the organisation of ICC Trial Competitions in Chinese, English, Russian, and Spanish, with a view to also support Arabic and French versions in the future. These initiatives play a critical role in galvanising interest in the Court’s work with academic communities as well as in enhancing promotion and respect for international criminal law. View photographs of the event here.

Hunger in The Netherlands?

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By Bonnie Klap, Editor in Chief. It is no doubt astonishing to many that  in a wealthy country like The Netherlands, a country contributing one of the highest percentages of its GDP in the world  to Foreign Aid, more than one million of its own  people live in relative poverty.  The sad truth is that, due to a variety of reasons, one of which is of course the economic crisis,  the incomes of these people are below a certain marker for poverty . Thirty-five thousand  families comprising  of 85,000 persons in total  are, at times,  not able to put enough food on the table. Fortunately there is “Voedselbank Nederland,” ( Foodbank Netherlands),  a non-profit organization with 8300 hardworking volunteers, all dedicated to help these people feed their families. Founded in 2002 this organization works together with food companies, who donate food products which would otherwise be discarded. For instance  foods, of which  the ’sell-by date’ on the package has expired, but  are otherwise  perfectly edible, are donated to the voedselbank. The benefits are  clearly twofold: feeding a family in need and preventing  the squandering of food and resources.  Every Monday the food companies communicate with the Voedselbank informing  them which foods are going to be donated, leaving the 8300 volunteers to the complicated task of compiling a  foodbasket containing a variety of quality, preferably healthy foods. It is yet another example of the importance of volunteers. Increasingly a wide array of  support and services in The Netherlands rely on volunteers – either part-time or full-time –  to operate. Indeed, without volunteers  the Diplomat Magazine would not exist! Even the Dutch Royal couple, King Willem Alexander and his charming wife Queen Maxima, are convinced of the importance of volunteer work and strive to give a good example. Despite their busy  schedules,  they can be seen doing volunteer work from time to time.  Fortunately, there is quite an impressive number of volunteers in The Netherlands, but  there is always a need for a few more. Food for thought.  

The Trust Fund for Victims at the International Criminal Court

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By Motoo Noguchi, Chair of the Board of Directors.

International Criminal Court (ICC) is well-known in The Hague as the first permanent international criminal tribunal in the history of mankind which punishes the crime of genocide, crimes against humanity and war crimes. However, it may not be well-known that the Trust Fund for Victims (TFV) at the ICC is similarly the first of its kind in the history of international criminal justice in providing reparations and assistance to victims of these crimes. In fact, the aspect of reparative justice is one of the core elements of the Rome Statute and perhaps the most innovative and ambitious one.

The TFV has two main mandates: to implement Court-ordered reparations for victims (reparations mandate) and to provide physical, psychological, and material support to victims (assistance mandate). In the absence of finalized criminal convictions so far, the TFV has been active with the assistance mandate since 2008 in northern Uganda and the eastern part of the Democratic Republic of the Congo. The number of direct beneficiaries of programmes in these countries has amounted to more than 120,000.

The TFV’s assistance includes a wide variety of activities, from the provision of orthopedic surgery and artificial limbs to micro-financing schemes for victims of sexual and gender based violence to peace education at peace schools for youth including former child soldiers. The TFV’s assistance addresses the sufferings of victims not as those of isolated individuals but as those of family and community members, and therefore aims to assist them in returning to an important member of the family and community. Through community sensitization, the TFV also tries to improve social and cultural environments which often put victims in double-victimization such as discrimination against victims of rape.

The TFV depends its financial basis for the assistance mandate entirely on voluntary contributions from the States and donations from private sectors. This also applies to the reparations mandate, except when assets of the convicted person or assets originating from forfeiture or fine constitute a main source. Every year, the TFV spends approximately around €2 million for programmes under the assistance mandate, but there are still many victims who are beyond the reach of ongoing programmes. Hundreds of thousands of victims, who have nobody else to cry for help, are waiting for the TFV’s interventions to be expanded.

Here is what I would like to cordially invite you to play a lead role by raising awareness and strengthening political and financial support for the TFV. That will allow the TFV to be a more powerful vehicle to bring justice for victims of the most serious international crimes. Despite the nature of crimes as “international”, the sufferings and loss of individual victims are local and personal. Their lives have unfortunately turned to be difficult by conflicts beyond their control. Your leadership will certainly help them restore their hope and dignity, recover their lives, and return to respectful members of the community.

Using Human Security as a legal framework to analyse the Common European Asylum System

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By Amanda Taylor, Research Assistant T.M.C. Asser Instituut The Centre for the Law of EU External Relations (CLEER)- hosted by the T.M.C. Asser Instituut in The Hague- will convene the second conference relating to its current research project “Human Security: a new framework for enhanced human rights in the EU’s foreign security and migration policies”. This project is implemented with the support of the Lifelong Learning Programme (LLP) of the European Union. On the fourth of July 2014 the conference at T.M.C Asser Instituut will break new ground through its focus on the potential impact that the concept of Human Security can have, from a legal perspective, on the application of EU rules pertaining to asylum and border controls. Every Member State of the European Union is, in some way, affected by mixed movements of persons entering the territory from a third country. As a result, over the past few years, a complex set of challenges have been brought to the forefront, with many Member States struggling to co-ordinate their responses when faced with increasing numbers of economic migrants, irregular migrants and/or persons seeking international protection. This, in turn, has placed a spotlight on asylum instruments developed by the Union, who have had legislative competence in the field of migration, border controls and asylum since the nineties. Union legislation along with policy programmes have been geared to the creation of a Common European Asylum System and a common policy on external border control. A main objective of the system has been to harmonise domestic legislation on minimum standards of protection for those in need. However, these legislative instruments have been put to the test in the aftermath of the Arab Spring and other events such as the on-going Syrian crises with academics criticising Member States selectivity of EU provisions and their poor enforcement. In turn, Member States, themselves, have criticised notions of “burden sharing” and “solidarity” as being unequal, with certain countries bearing the brunt of EU asylum obligations. It is in this environment that the CLEER conference seeks to cultivate a new approach to the topic through its evaluation of the CEAS in the light of the Human Security paradigm. A notion which is yet to be used in the context of European asylum law, but one which could enrich protection standards, since refugee movements  are inextricably linked to and highly indicative of human insecurity. With a forum of expert speakers from both academic and practitioner backgrounds, the objective of the conference will be to trigger an inter-disciplinary debate taking stock and appraising recent legal and policy developments in the CEAS through the lens of Human Security. The conference will be of direct interest to everyone working and studying in the area of Freedom, Security and Justice of the EU, notably the asylum and refugee fields. Each panel will be followed by a question and answer session allowing for the audience to participate in the debate, thereby forging new perspectives on EU asylum law and its protection regime. For more information on the conference click here. The event is free of charge, however registration is required. Please register here.  

Harder Line for EU Energy Supply

The Hague. Direct from the European Commission. Energy security: Commission proposes broad strategy to increase supply.
In response to the current geopolitical situation and the dependence on energy imports into the EU, the Commission proposes a new European energy security strategy.
The main points of which are
  • the diversification of the external power supply,
  • update the energy infrastructure, and
  • energy saving.
The strategy also emphasizes the need to coordinate national decisions in the field of energy policy and the importance of speaking with one voice in negotiations with external partners. The Strategy builds on the progress already made ​​since the gas crisis of 2009.
For this winter to be uninterrupted energy supply, assured the Commission proposes to organize.Broad risk (stress tests) Carried out at regional or EU level by simulating an interruption of the gas supply. The objective is to examine how the energy of the risks associated with the supply copes and develop contingency plans based on that and develop. Backup systems Such systems could mean that the gas be increased demand for gas is reduced (especially for heating), that emergency infrastructure is developed, for example, by completing the bidirectional capacity through fuel switching and existing energy security stocks partly be used jointly .
The Commission’s proposals will be discussed. By the Heads of State and Government of the EU at the European Council on 26 and 27 June
José Manuel Barroso, President of the Commission:… “The EU has done a lot in the wake of the gas crisis of 2009 to improve energy security Nevertheless, the EU remains vulnerable Tensions around Ukraine have this once again made ​​clear since we for more than 50% dependent on imports of energy, we need to take further steps., the Commission has today presented a comprehensive strategy that is being discussed. by EU leaders in June I count on their support, since the improvement of energy security is in all our interests. Europe must speak with one voice and act as a unit when it comes to energy security. “
European Commissioner for Energy Günther Oettinger: “We want strong and stable partnerships with key suppliers, but should prevent us from falling prey to commercial blackmail the EU and its Member States have much homework to do:., We must collectively more solidarity with the vulnerable States., we also need to complete the internal market for energy, improve our infrastructure, energy efficient and our own energy resources exploitation. Moreover, we need to diversify rapidly in our external energy suppliers, especially gas. only concrete actions will slightly lash out. “
 

Egypt`s former King talks about his homeland

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By Henri Estramant, Diplomat Magazine’s Diplomatic Adviser in Brussels.  Baron Estramant, has interviewed the former King of Egypt about the ongoing unstable situation in his homeland. King Fuad II, was a child monarch from 26 July 1952 to 18 June 1953 when Egypt was proclaimed a republic. He was only six months old when his father King Farouk abdicated to appease revolutionary, anti-monarchist forces in Egypt. He was the last “monarch” of the Mohammed Ali Dynasty that had ruled Egypt since 1805. You were nominally the 12th monarch of the Mohammed Ali Dynasty, and 3rd “King of Egypt and Sudan” for a brief period between 26 July 1952 and 18 June 1953. Albeit you did not grow up in Egypt you see yourself as an Egyptian and a man with a “duty” towards Egypt. How responsible do you feel for your country, and how can you achieve anything from your exile in Switzerland? I have always felt that I have a “duty” towards Egypt. There was a period when it would had been unwise for me to undertake anything concerning Egypt. Times have changed and hopefully are going to get better. Opportunities may arise in the future where I could promote Egypt in one way or another from wherever I live. You were merely 6 months old when you became the constitutional yet nominal “King of Egypt”, since then you have lived in exile mostly in Monaco, France, Morocco and Switzerland. What is your current status? Are you allowed to visit Egypt? Do you travel with an Egyptian passport? When were you there last? Are you now in a self-imposed exile? I am an Egyptian Citizen. I can go to Egypt whenever I wish and I was last there four years ago.  As I could go and live there at any time I chose, the term self-imposed exile, which was true a few years ago, is inappropriate today. Call it a diplomatic decision. There is a bit of revival, perhaps mostly nostalgic for royalty around the world once an oppressive regime falls. We experienced it in Afghanistan where the former monarch even became “Father of the Nation”, in Libya the Prime Minister asked parliament to restore the honour of Al Senussi. In the Balkans the end of Communism brought a wave of interest for the members of their deposed royal houses, however, the royals heirs were long kept away from Bulgaria, Romania, Serbia, etc.  On the other hand, all the interest and media coverage has led to no political or cultural role for the heirs of deposed royal houses, with the exception of Cambodia in 1993 or the purely ceremonial role given to King Mohammed Zaher Shah of Afghanistan. Are you not missing out by staying away from Egypt? Could you not return to your country without being involved into its complicated politics? Egypt is coming out of a serious political turmoil. My presence there could had been misconstrued or misused even if I had kept myself totally out of politics. I have never wished to be a burden or an involuntary hindrance to the Egyptian Authorities. I do not have to live there to serve my country. You have stated in the past that you do not support any monarchist political parties or endorse any political movements. Would you rather see yourself as a cultural ambassador for your country? I would welcome the opportunity to serve Egypt as a cultural ambassador or in any other useful capacity. However, it must be well understood that I would undertake such a duty  only with the approval and cooperation of the Egyptian Government in power. The nostalgia for a monarchical system has been reverberating in Libya whereas in Egypt the monarchical past has not sparked the same enthusiasm, particularly not amongst the younger generation which makes up the bulk of the population.  Do you think it might have to do with the bad image spread during the last 60 years against your father King Farouk I? Some people might portray your dynasty as foreign because of its Albanian-Turkish roots? The bad image that was so falsely spread during the last 60 years against my father King Farouk has been greatly corrected over the last few years and another picture emerges today. A lot remains to be done. I am confident that historians and some are already at work, will restore the truth about my father’s reign and work as it was so badly distorted after his abdication. Politically you are not relevant, yet, one day you may be called upon in playing a role, even if ceremonial in contemporary Egypt. What are your visions? How do you think you can be useful to your country? What would be the ideal and realistic scenario for you? I think I have already answered that question. Future events are in the hands of Allah. Your eldest son and heir, HRH The Prince of the Sa’id (Upper Egypt), Mohammed Ali, wed last year a grand-daughter of Afghanistan’s last monarch, Princess Noal Zaher Khanum, in Istanbul. He was even born in Cairo unlike his siblings. Did you have to request a special permission for it back in 1979? How active is your eldest son in the Egyptian cause? How close does he follow the ongoing developments in Egypt? Yes, a special permission was given by the late President Sadat for my eldest son to be born in Egypt. Of course, he keeps himself fully aware of anything that has to do with Egypt. His involvement is however limited for the very simple reason that he has to work like any ordinary human being to earn his daily bread.
Henri Estramant, Diplomat Magazine’s Diplomatic Advisor. Photography by Henri Estramant.
How active are your other two children, Princess Fawzia and Prince Fakhr Eddin? Like her elder brother, Princess Fawzia works for her living. She did spend a few months in Egypt some four years ago and worked in a commercial office for a while. Prince Fakhr El Din is still studying. Are you/your family currently involved in any charities or humanitarian aid for the Egyptian people? Again, we have to be very careful as to any involvement my family may have in Egypt and ensure it is not misinterpreted. As far as any participation we may have in charities or humanitarian aid, it must remain within the realm of the private sphere of our lives. Have you considered dispatching one of your children or another junior member of the Royal House to Egypt to pave the way for your return, even if only as a private citizen? I am not a person who rejects help. However, in the event of any likely return to Egypt, I fail to see at present the necessity or need to dispatch a member of the Royal House to pave the way for me. As an Egyptian what changes would you like to see taking place in Egypt? Better social justice and standards of  living.  Better education and enhanced equality of opportunities for all. Finally but not least, peace and political stability for Egypt without which the former cannot be achieved.

In focus: Dr. Eugenio Matos

By Bonnie Klap, Editor in Chief. This month the Diplomat Magazine Netherlands celebrates its first year anniversary. From its  small and humble beginnings, operating  with just a handful of volunteers, this publication has transformed  into a thriving and well known Online-magazine (soon glossy printed magazine), boasting tens of thousands of readers every day and counting. Although the success of Diplomat Magazine can be attributed to the hard work and enthusiasm of its entire team of volunteers,  it is fair to say  that the invisible and driving force behind Diplomat Magazine is its Honorary Associate Publisher Dr. Eugenio Matos.  I would therefore like to take the opportunity  to elaborate on the varied skills and talents of this unique diplomat. Dr. Eugenio Matos, Minister Counselor of the Dominican Republic Embassy in The Hague and – in cooperation with  several Heads of Diplomatic Missions accredited to The Netherlands, is a volunteer co-founder of the Diplomat Magazine Netherlands. Recently he was also involved in the launch of Diplomat Club Wassenaar, a spin-off of the hugely successful monthly DMG , Diplomats Meet and Greet, of which Dr.Matos was also a driving force. It is evident  that he is a tireless supporter of the entire Diplomatic Community of The Hague and a great connector of people. Although highly  educated, he holds  a PhD in Civil law in the DR, a Bachelor’s degree in law from the University of Ottawa, Masters degree in Diplomacy and Public Administration in UK, and currently recipient of a Executive Master Degree scholarship from the Government of Taiwan,  Dr. Matos has never neglected his great musical talent as violinist. Eugenio Matos Gomez ambassadors The Hague From left on the picture, some of 20+ ambassadors who attended the concert  T.H. from Guatemala Jorge Alfredo Lemcke Arevalo, Kazakhstan Mainyura Saudabaeva, Tunisia Karim Ben Becher , El Salvador Vladimiro P. Villalta, Honduras Mauricio Ricardo Aguilar Robles, Israel Haim Divon, Ukraine Olexander Horin, Switzerland Markus Börlin together with Dutch Harpist Emilie Bastien and Dominican Republic violinist Eugenio Matos. Eugenio Matos started his advanced violin studies at age 13 at the National Conservatory of Music in Santo Domingo,  Dominican Republic, joining the National Symphony as one its youngest members only few years later. He officially represented his country overseas, such as Puerto Rico, Uruguay, Venezuela, Brazil, USA and Canada amongst others. His unmistakable talent has earned him scholarships  from impressive music schools, such as the world famous Julliard School of Music in New York and in  Russia. During his diplomatic posting in Canada, Dr. Matos performed as guest violinist at embassies in Ottawa such as the US,  Spain, Mexico, Italy, Finland,  Peru the EU, to name a few. In 2003 he was invited by Maestro Carlos Piantini to join the Dominican Symphony Orchestra in New York as well as later on in Valladolid, Spain. He also had the honor to be invited by the Dominican Republic Embassy in Ottawa to perform as a violin soloist at the University of Ottawa in the occasion of the 50th Anniversary of  diplomatic relations between Canada and the Dominican Republic. In 2013 International Criminal Court’s President Song invited him to perform as guest violinist for this prestigious international organization. His most recent performance was at the magnificent Castle “The Wittenburg” in Wassenaar last May at the launch of the Diplomat Club Wassenaar. Hundreds of guests, distinguished Dutch and International personalities, a large number of Ambassadors and members of the press attended, while Dr. Matos performed renowned pieces of Dvorak, Don Julio Alberto Hernandez (Dominican Republic composer) and Schumann, together with two talented musicians from the Royal Conservatory in The Hague. Although Dr. Matos is modest by nature, his tireless energy and relentless enthusiasm has  enabled  him to establish himself as a prominent and well known diplomat in The Hague. He is a tireless supporter of cultural diplomacy activity as well. Dr. Eugenio Matos is a true Renaissance man,  “A jack of many trades” as per Ottawa-based Canadian journalist Brian Adeba*.Eugenio Matos Gomez diplomat The Hague  
References: Embassy Magazine, Canada. http://s1095.photobucket.com/user/eugeniomatosgomez/media/EUGENIOALBUMPERIODICOS/DSCN0862.jpg.html
Telegraaf Netherlands. Diplomat Magazine Netherlands.

HccH, Special Commission meets in The Hague

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The Hague, direct from Hague Conference on Private International Law.

A meeting of the Special Commission on the Practical Operation of the Service, Evidence and Access to Justice Conventions concluded today after four days of constructive discussions among some 130 experts representing 53 States and several international governmental and non-governmental organisations.

The agenda covered a range of issues relating to the three Conventions, which establish a worldwide regime to facilitate co-operation in international civil procedure. Experts considered draft new and revised editions of the Handbooks on the Service and Evidence Conventions, as well as measures to further improve cross-border judicial and administrative co-operation in civil and commercial matters, including the use of electronic means of communication. The meeting provided a unique forum for authorities of the various Contracting States to share concerns and experiences in relation to the interpretation and application of the Conventions. The Special Commission last met in February 2009 (see here). Since that time, the use of information technology in civil procedure has become more widespread, particularly with regard to e-service and the taking of evidence by video-link. Recalling that the use of information technology is consistent with the framework of the Service and Evidence Conventions and that it can facilitate their operation, experts unanimously recommended that an Experts’ Group be established to investigate issues that may arise with the use of technologies such as video links, and invited the Permanent Bureau to continue monitoring developments in the area of service by electronic means. Experts also agreed to a process for finalising a new edition of the Evidence Handbook and an updated edition of the Service Handbook, acknowledging their utility to users of the Conventions. It is expected that the Handbooks will be finalised in the near future, subject to their endorsement by the Council on General Affairs and Policy of the Conference at its next meeting in April 2015. Conclusions and Recommendations of this meeting will be available < here > in the coming days. CONTACT        Micah Thorner Hague Conference on Private International Law Tel: +31 (0)70 363 3303 Fax: +31 (0)70 360 4867 E-mail: secretariat@hcch.net Website: www.hcch.net

Diplomat Magazine 1st Anniversary at Carlton Ambassador

Head of Diplomatic missions, diplomats in general, their families and friends are invited to celebrate Diplomat Magazine’s 1st Anniversary in an informal relaxed way on Friday June 27th, from 5pm till 23h00. Staff from International Organizations are also welcomed to join us. Free admission, welcome drink and surprises. Diplomat Magazine, the first diplomatic magazine in the Netherlands by and for diplomats. Are you also aware of Diplomat Magazine’s  series of One Day excursions by luxurious coaches for diplomat families and friends?  Click here: https://diplomatmagazine.eu/2014/05/11/diplomatic-excursion-huge-success/  

How Ukraine can thwart Russia´s strategy

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Ukraine can be saved, if it sets an inclusive strategy against the divisive strategy of Russia. By Barend ter Haar, fellow of Clingendael, Netherlands Institute of International Relations So far, only Russia seems to have a deliberate strategy: it wants to restore as much as it can of the Soviet empire, but step by step and at low costs. The first step is to draw successor states back in its sphere of influence. As authoritarian states such as Belarus have nowhere else to go to, this strategy is working quite well. Secondly, when a country threatens to leave Moscow´s orbit, Moscow will promote its disintegration to keep as many parts as possible in its sphere of influence. Transnistria, Abkhazia and South Ossetia illustrate this policy. Thirdly, full annexation can wait, until (almost) everybody is used to the idea and an opportunity arises to do so with little cost. Time is a crucial factor and time seems to be on Russia ´s side. It can wait until Ukraine falls apart (and secretly promote that). What can Ukraine do to thwart this strategy? Above all, the government should not play in Russia´s hands by forcing protestors into the pro-Russian camp. It threatens to do so when it lumps together under the heading of terrorists both protesters that occupy buildings and people that torture and kill. To prevent that East-Ukrainian protestors believe they have no other options than independence or joining Russia, the government should make clear that it recognizes the following:
  1. The great majority of protestors, both in Kiev and in the Eastern provinces are protesting for good reasons against years of corrupted governance.
  2. Most of the protestors in the East are partners for reform, not opponents.
  3. All perpetrators of terroristic actions, such as murder and torture, should be brought to justice, irrespective of their political views, including the perpetrators of the fire in Odessa.
  4. Many Ukrainians combine close linguistic, historical and economic links with Russia with support for Ukrainian independence.
  5. Ukraine’s system of government should be adapted to reflect the diversity of the country and to protect minorities.
  6. Ukraine needs close and good relations with both the European Union and Russia (even if relations with Russia have been gravely damaged by the occupation of the Crimea).
In short, to have a chance on success, the Ukrainian government needs the wisdom and the courage to fight polarization in order to win the hearts and minds of the population of the Eastern provinces.