Dominic Ongwen, against whom the International Criminal Court (ICC) has issued an arrest warrant for crimes against humanity and war crimes, is currently escorted by an ICC delegation that has left Central African Republic heading to the ICC detention centre in The Hague (Netherlands). On 17 January 2015, Dominic Ongwen was transferred to the ICC’s custody. On behalf of the Court, the Registrar of the ICC Herman von Hebel thanked the United Nations and in particular the MINUSCA (the UN Mission for the Stabilization of the Central African Republic) for their support and cooperation in enabling Mr Dominic Ongwen’s transfer to the ICC. He also extended his appreciation to the authorities of the Central African Republic, Uganda, the United States of America, Belgium and the Netherlands (the ICC host State), as well as to the African Union, for their instrumental roles during this operation. The Court welcomed these joint efforts as a concrete expression of the international community’s commitment to the pursuit of justice. “I strongly welcome the transfer of Dominic Ongwen to the custody of the Court, which constitutes an important success for the Rome Statute system nearly ten years after the issuance of the warrant of arrest against him,” said the President of the Assembly of States Parties (ASP) to the Rome Statute Minister Sidiki Kaba. “The affected communities will have the opportunity to see international justice address the horrific violence that took place in Uganda. I join the Court in its appreciation to all those States and organizations whose cooperation made possible the successful implementation of the Court’s decisions,” he added. Upon arrival, Mr Ongwen will receive a medical visit and will appear, as soon as possible, before the Judges in the presence of a Defence Lawyer. The date of the initial appearance hearing will be announced soon. During the initial appearance hearing, the Judges of Pre-Trial Chamber II will verify the identity of the suspect and the language in which he is able to follow the proceedings. Mr Ongwen will be informed of the charges against him. The Judges will also schedule a date for the opening of the confirmation of charges hearing, a preliminary step to decide whether the case will be referred to a trial or not. Background: Dominic Ongwen was the alleged Brigade Commander of the Sinia Brigade of the Lord’s Resistance Army (LRA). On 8 July 2005, ICC Judges issued an arrest warrant against Mr. Ongwen for three counts of crimes against humanity (murder; enslavement; inhumane acts of inflicting serious bodily injury and suffering) and four counts of war crimes (murder; cruel treatment of civilians; intentionally directing an attack against a civilian population; pillaging) allegedly committed in 2004 within the context of the situation in Uganda.

Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, following reports of escalating violence in Nigeria I am deeply concerned by reports of ongoing large-scale abuses in north-eastern Nigeria. My Office continues to gather information alleging killings of large numbers of civilians, the use of girls and boys to participate in hostilities, and the massive displacement of communities by the armed group commonly referred to as Boko Haram. The most recent attack on the city of Baga and adjacent villages in early January, as well as the reported use of women and children as suicide bombers in attacks on markets in Maiduguri and Potiskum, on 11 and 12 January, mark a further disturbing escalation in the appalling levels of violence. The intentional targeting of civilians, affecting thousands of women, children and men, cannot be tolerated. Crimes committed by members of any of the parties to the armed conflict in Nigeria must be thoroughly and impartially investigated and prosecuted. As a State Party to the Rome Statute, Nigeria has committed to ensuring that crimes that deeply shock the conscience of humanity do not go unpunished, and I remind Nigeria of its obligation in this regard. In this context, I recall that the ICC has jurisdiction over Rome Statute crimes committed on the territory of Nigeria or by Nigerian nationals from 1 July 2002 onwards and continues to conduct a preliminary examination of the situation there. No one should doubt my resolve, if need be, to prosecute those individuals most responsible for war crimes or crimes against humanity.

Photographie par Axel Delepinne. Paul Magnette aux Pays-Bas pour sa première mission à l’étranger en tant que Ministre-président wallon. Le Ministre-président de la Wallonie, Paul Magnette, a effectué une visite aux Pays-Bas les 13 et 14 janvier. Il s’agissait de sa première visite à l’étranger, ce qui montre l’importance accordée aux Pays-Bas par le gouvernement wallon. Lors de sa mission, il a rencontré le Premier ministre néerlandais Mark Rutte et le Bourgmestre Ahmed Aboutaleb de Rotterdam. Dans la cité portuaire, il a visité le RDM Campus, lieu de formation rassemblant les secteurs de l’enseignement technique secondaire et supérieur, des instituts de recherche et des entreprises. Le chef du gouvernement wallon a également visité la société Pluriomics à Leiden, qui a récemment annoncé un investissement de 4 millions d’euros dans le Biopark à Charleroi. Cette société est active dans la production des cellules souches utilisées pour le développement des médicaments. Ces visites et rencontres permettront de renforcer les liens tissés entre les Pays-Bas et la Wallonie.

By Mete Erdurcan . The Sovereign Prince of Monaco and his wife Princess Charlène summoned all their Monégasques subjects and other residents of the tiny principality to the court of the Princely Palace in Monaco to present their newly born twins, HSH The Countess of Carladès, Gabriella and HSH The Hereditary Prince of Monaco, Marquis of Baux, Jacques. 7 January 2015 was declared a public holiday in Monaco for all sectors, so the country’s inhabitants could officially celebrate the birth of the much-desired heirs to the Monégasque throne expected to continue Europe’s oldest still reigning dynasty, the Grimaldi. As members of a princely ruling house both heirs are styled “Her/His Serene Highness”. Although The Countess of Carladès as the eldest daughter Princess Gabriella has been title is older than her brother by two minutes it is Prince Jacques who becomes the heir apparent by virtue of the semi-Salic law which gives preferences to males over females. Hence he became upon birth The Hereditary Prince of Monaco, and was later granted the traditional title “Marquis de Baux”  in a similar fashion as “Prince/Princess van Oranje” for the Dutch heir apparent. If he accedes to the Monésgasque throne, he ought to be known under the regnal name of Jacques II. Pictures copywright “Palais Princier” (http://palais.mc/fr/phototheque/4-presentation-des-enfants-princiers.html)

The Prosecutor of the International Criminal Court, Fatou Bensouda, opens a preliminary examination of the situation in Palestine Today, Friday, 16 January 2015, the Prosecutor of the International Criminal Court (ICC), Mrs. Fatou Bensouda, opened a preliminary examination into the situation in Palestine.  The Prosecutor’s decision follows the Government of Palestine’s accession to the Rome Statute on 2 January 2015 and its declaration of 1 January 2015, lodged under article 12(3) of the Rome Statute – the Court’s founding treaty – accepting the jurisdiction of the ICC over alleged crimes committed “in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014.” Upon receipt of a referral or a valid declaration made pursuant to article 12(3) of the Statute, the Prosecutor, in accordance with Regulation 25(1)(c) of the Regulations of the Office of the Prosecutor, and as a matter of policy and practice, opens a preliminary examination of the situation at hand. Accordingly, the Prosecutor has opened a preliminary examination into the situation in Palestine. The Office will conduct its analysis in full independence and impartiality.  A preliminary examination is not an investigation but a process of examining the information available in order to reach a fully informed determination on whether there is a reasonable basis to proceed with an investigation pursuant to the criteria established by the Rome Statute. Specifically, under article 53(1) of the Rome Statute, the Prosecutor must consider issues of jurisdiction, admissibility and the interests of justice in making this determination.  The Office gives due consideration to all submissions and views conveyed to the Office during the course of a preliminary examination, strictly guided by the requirements of the Rome Statute in the independent and impartial exercise of its mandate.  There are no timelines provided in the Rome Statute for a decision on a preliminary examination. Depending on the facts and circumstances of each situation, the Office will decide whether to continue to collect information to establish a sufficient factual and legal basis to render a determination; initiate an investigation, subject to judicial review as appropriate; or decline to initiate an investigation. Background and legal analysis The Office previously conducted a preliminary examination of the situation in Palestine upon receipt of a purported article 12(3) declaration lodged by the Palestinian National Authority on 22 January 2009. The Office carefully considered all legal arguments submitted to it and, after thorough analysis and public consultations, concluded in April 2012 that Palestine’s status at the United Nations (UN) as an “observer entity” was determinative, since entry into the Rome Statute system is through the UN Secretary-General (UNSG), who acts as treaty depositary. The Palestinian Authority’s “observer entity”, as opposed to “non-member State” status at the UN, at the time meant that it could not sign or ratify the Statute. As Palestine could not join the Rome Statute at that time, the Office concluded that it could also not lodge an article 12(3) declaration bringing itself within the ambit of the treaty either, as it had sought to do.  On 29 November 2012, the UN General Assembly (UNGA) adopted Resolution 67/19 granting Palestine “non-member observer State” status in the UN with a majority of 138 votes in favour, 9 votes against and 41 abstentions. The Office examined the legal implications of this development for its own purposes and concluded, on the basis of its previous extensive analysis of and consultations on the issues, that, while the change in status did not retroactively validate the previously invalid 2009 declaration lodged without the necessary standing, Palestine would be able to accept the jurisdiction of the Court from 29 November 2012 onward, pursuant to articles 12 and 125 of the Rome Statute. The Rome Statute is open to accession by “all States,” with the UNSG acting as depositary of instruments of accession. On 2 January 2015, Palestine deposited its instrument of accession to the Rome Statute with the UNSG. As outlined in the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties, “the Secretary-General, in discharging his functions as a depositary of a convention with an ‘all States’ clause, will follow the practice of the [General] Assembly in implementing such a clause […].” The practice of the UNGA “is to be found in unequivocal indications from the Assembly that it considers a particular entity to be a State.” In accordance with this practice and specifically UNGA Resolution 67/19, on 6 January 2015, the UNSG, acting in his capacity as depositary, accepted Palestine’s accession to the Rome Statute, and Palestine became the 123rd State Party to the ICC.  It was welcomed as such by the President of the Assembly of States Parties to the Rome Statute. Likewise, on 7 January 2015, the Registrar of the ICC informed President Abbas of his acceptance of the article 12(3) declaration lodged by the Government of Palestine on 1 January 2015 and that the declaration had been transmitted to the Prosecutor for her consideration. The Office considers that, since Palestine was granted observer State status in the UN by the UNGA, it must be considered a “State” for the purposes of accession to the Rome Statute (in accordance with the “all States” formula).  Additionally, as the Office has previously stated publicly, the term “State” employed in article 12(3) of the Rome Statute should be interpreted in the same manner as the term “State” used in article 12(1). Thus, a State that may accede to the Rome Statute may also lodge a declaration validly under article 12(3).  For the Office, the focus of the inquiry into Palestine’s ability to accede to the Rome Statute has consistently been the question of Palestine’s status in the UN, given the UNSG’s role as treaty depositary of the Statute. The UNGA Resolution 67/19 is therefore determinative of Palestine’s ability to accede to the Statute pursuant to article 125, and equally, its ability to lodge an article 12(3) declaration.  

  The T.M.C. Asser Instituut is pleased to announce the appointment of Professor Ernst Hirsch Ballin as the Institute’s President and a member of the Board of Directors effective as of 1 January, 2015. Professor Hirsch Ballin replaces Professor Michiel Scheltema, who has presided over Asser’s Governing Board since 1998. Professor Hirsch Ballin brings a wealth of relevant knowledge and experience to his new role. He is Professor of Human Rights Law at the University of Amsterdam and Professor of Dutch and European Constitutional Law at Tilburg University and has served as the Minister of Justice in the Netherlands three times, in the period 1989 – 2010. Professor Ballin will lead and steer the Asser Institute together with the new Academic Director, Prof. Dr. Janne  Nijman, Professor of History and Theory of International Law at the University of Amsterdam, and the Executive Director, Ann O’ Brien, MBA. Professor Nijman has published widely on international law issues and is also a member of the editorial board of the Netherlands Yearbook of International Law and of the Grotiana Journal and a board member of the Royal Netherlands Society of International Law. Non- Executive Board members are Prof. Dr. Edgar Du Perron, Dean of the Law Faculty of the University of Amsterdam and Prof. Dr. Suzan Stoter, Dean of the Law Faculty of the Erasmus University, Rotterdam. Professor Hirsch Ballin studied Law at the University of Amsterdam and was awarded his doctorate with ‘cum laude’ honours in 1979 with a thesis on Public Law and Policy. He has worked at the Law faculty at Tilburg University since 1 July 1981, with interruptions during periods when he held public offices. He is a former President of the Judicial Division of the Dutch Council of State. In 2006, he was elected to the Royal Netherlands Academy of Arts and Sciences. Since last year, he is also a member of the Advisory Council on International Affairs and of the Scientific Council for Government Policy.   About the T.M.C. Asser Instituut The T.M.C. Asser Instituut (founded in 1965) is the Netherlands unique, inter-university research centre focusing on fundamental and applied research in the areas of public and private international law, European Law and International and European sports law. Core activities also include publishing, postgraduate education/ PhD candidate guidance, executive training, and knowledge dissemination and valorisation of research output on a national and international level. Throughout the year 2015 the Institute will celebrate its 50^th anniversary, notably with a series of topical symposiums, an edited volume and a stakeholder meeting at the end of the year. Connect with Asser on Twitter (@TMCAsser), and LinkedIn.   Contact Information: T.M.C. Asser Instituut Ann O’ Brien +31 (0)70 3420 339 a.obrien@asser.nl