Germain Katanga found guilty

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Direct from the International Criminal Court. The Hague. Judges of Trial Chamber II of the ICC, Judge Fatoumata Dembele Diarra, Presiding Judge Bruno Cotte, and Judge Christine Van den Wyngaert, during the delivery of the judgment in the case The Prosecutor v. Germain Katanga on 7 March 2014 © ICC-CPI Today, 7 March 2014, Trial Chamber II of the International Criminal Court (ICC), ruling in the majority, with Judge Christine Van den Wyngaert dissenting, rendered its judgment in the case The Prosecutor v. Germain Katanga. The Chamber was satisfied beyond reasonable doubt of Germain Katanga’s guilt as an accessory, within the meaning of article 25(3)(d) of the ICC’s founding treaty, the Rome Statute, to one crime against humanity (murder) and four war crimes (murder, attacking a civilian population, destruction of property and pillaging) committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the Democratic Republic of the Congo (DRC). Decisions on sentencing and victim reparations will be rendered later. The Prosecutor and the Defence may appeal the judgment within 30 days. Presiding Judge Bruno Cotte delivered a summary of the judgment at a public hearing today. He explained that in light of the witness testimonies and the evidence presented before the Chamber, it had been established beyond reasonable doubt that Germain Katanga had made a significant contribution to the commission of the crimes by the Ngiti militia, which was acting with a common purpose, by assisting its members to plan the operation against Bogoro. The Chamber found that Germain Katanga acted in the knowledge of the criminal common plan devised by the militia to target the predominantly Hema population of Bogoro. The crimes of murder, attacking civilians, destroying property and pillaging were part of the common plan. The Chamber found that Mr Katanga was the intermediary of choice between the weapons and ammunition suppliers and those who physically committed the crimes using those munitions in Bogoro. He contributed to reinforcing the strike capability of the Ngiti militia who carried out the crimes committed in Bogoro on 24 February 2003. He also contributed, by virtue of his position in Aveba – the only place in the collectivité with an airport which could accommodate aircraft transporting weapons – to equipping the militia and enabling it to operate in an organised and efficient manner. His involvement allowed the militia to avail itself of logistical means which it did not possess enabling it to secure military superiority over its adversary. However, the Chamber dismissed the mode of liability, as principal perpetrator, applied to Germain Katanga, since it was not proven beyond reasonable doubt that in respect of the collectivité he had the material ability to give orders or to ensure their implementation, or that he had the authority to punish camp commanders. The Chamber changed the characterisation of the mode of liability against Mr Katanga – who had initially been charged as principal perpetrator – on the basis of article 25(3)(d) of the Rome Statute, which defines being an accessory as contributing “[i]n any other way […] to the commission […] of […] a crime by a group of persons acting with a common purpose”. Germain Katanga was found guilty, as an accessory within the meaning of article 25(3)(d) of the Rome Statute, of the crimes of murder constituting a crime against humanity and a war crime and the crimes of directing an attack against the civilian population as such or against individual civilians not taking direct part in hostilities, destroying the enemy’s property and pillaging constituting war crimes. The Chamber also decided that Germain Katanga shall continue to be detained pending sentencing. The Trial Chamber acquitted Germain Katanga of the other charges that he was facing. With respect to these charges, the Chamber found that there was evidence beyond reasonable doubt that the crimes of rape and sexual slavery were committed. Regarding the crime of using child soldiers, it found that there were children within the Ngiti militia and among the combatants who were in Bogoro on the day of the attack. However, the Chamber concluded that the evidence presented in support of the accused’s guilt did not satisfy it beyond reasonable doubt of the accused’s responsibility for these crimes. In her dissenting opinion, Judge Van den Wyngaert challenges the change in the characterisation of Germain Katanga’s mode of liability. She argues that the change in characterisation rendered the trial unfair and breached the rights of the Defence, as it did not receive proper notification of the new charges and was not afforded a reasonable opportunity to conduct investigations in order to mount a defence against them. Judge Van den Wyngaert maintains that there is no basis in the evidence for findings beyond reasonable doubt which can be relied on to establish Germain Katanga’s guilt. Information about the trial Germain Katanga, alleged commander of the Force de résistance patriotique en Ituri [Patriotic Force of Resistance in Ituri] (FRPI), was tried before Trial Chamber II, composed of Judges Bruno Cotte, Fatoumata Dembele Diarra and Christine Van den Wyngaert, for the crimes against humanity of murder, rape and sexual slavery and the war crimes of wilful killing, directing an attack against a civilian population as such or against individual civilians not taking direct part in hostilities, destruction of property, pillaging, using children under the age of fifteen years to participate actively in hostilities, sexual slavery, and rape. Mr Katanga was transferred to the Detention Centre in The Hague, the Netherlands, on 17 October 2007. The trial commenced on 24 November 2009, and the parties and participants delivered their closing statements from 15 to 23 May 2012. In the course of 265 days of hearings, Trial Chamber II heard 25 witnesses and expert witnesses called by the Prosecution, 28 called by the defence teams for Germain Katanga and Mathieu Ngudjolo Chui (whose case was joined to Mr Katanga’s during the trial and severed on 21 November 2012) and two called by the legal representatives of the victims. The Chamber also called two further experts to testify. In addition, Germain Katanga also chose to testify under oath as a witness. The judges ensured respect for the rights assured to each of the parties by the Rome Statute, including the right to cross-examine witnesses. Leave was granted to 366 victims to participate in the proceedings, through their legal representatives. They were thus able to present their views on the issues before the Chamber and were authorised to put specific questions to the witnesses. Trial Chamber II issued 409 written orders and decisions and 168 oral decisions. The parties and participants submitted more than 3,300 applications to the Chamber.

DM’s Chief Editor Receives Award

                              By Enitsa Gabrovska.  Diplomat Magazine’s Chief Editor Bonnie Klap receives award. Her Excellency Mrs. Ireny Comaroschi, Ambassador of Romania has awarded Bonnie Klap, Editor in Chief of the Diplomat Magazine,  with  the “Remarkable Women Award,” for her  active and extraordinary involvement in promoting Romania in The Netherlands. Four other Dutch women and five Romanian women also received the award. The ceremony took place in the residence of Ambassador Comaroschi and was followed by a beautiful violin-concert by Romanian violinist Florin Negreanu  and a reception. Ambassador  Comaroschi hosted this Romanian Spring Evening to celebrate the traditional  “Mărțișor” as well as the International Women’s Day. Guests had the opportunity to listen this magnificent violin concert. Romanian wine and snacks were offered.

Syria Submits Revised Proposal to OPCW

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Syria Submits Revised Proposal to OPCW for Removal of Chemicals and Accelerates Pace of Deliveries to Latakia. Directly from the OPCW in The Hague.  LOGO.OPCW The Syrian Arab Republic has submitted to the OPCW a revised proposal that aims to complete the removal of all chemicals from Syria before the end of April 2014. The OPCW-UN Joint Mission also verified that two more consignments of chemicals have left the port of Latakia, including a quantity of mustard gas – a Priority 1 chemical – which was previously reported last Wednesday. Another movement, a significant consignment of other Priority 1 chemicals, is scheduled to arrive in Latakia during this week, which will bring the total number of movements thus far to six. The six movements represent more than 35% of all chemicals that must be removed from Syria for destruction, including 23% of Priority 1 chemicals and 63% of Priority 2 chemicals. In addition, the OPCW has verified that Syria has destroyed in situ more than 93% of its stock of isopropanol. In his report to the opening session of the Executive Council, Director-General Ahmet Üzümcü said that all materials and equipment required by Syria are now in place for the expeditious removal of its remaining chemicals, including armoured jackets for the protection of containers. “Given delays since the lapse of the two target dates for removal, it will be important to maintain this newly created momentum,” the Director-General told the Council. “For its part, the Syrian Government has reaffirmed its commitment to implement the removal operations in a timely manner.” The Special Coordinator for the OPCW-UN Joint Mission, Ms Sigrid Kaag, also briefed the Council on recent progress in the Syria mission. “Nearly one third of Syria’s chemical weapons material has now been removed or destroyed,” the Special Coordinator told the Council. “This is good progress and I expect further acceleration and intensification of effort.” Prior to initiating operations in January to remove its chemicals, in late 2013 Syria completed the functional destruction of its chemical weapons production facilities, mixing and filling equipment, and all of its munitions that were designed for use with chemical warfare agents.

OPCW. Wine of Peace

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The Embassy of Italy and the OPCW hosted a wine taste from Italy on March 3rd.

RECENT EVENTS. Estonia National Day

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On the occasion of the Independence Day of the Republic of Estonia, H.E. Peep Jahilo and his wife, hosted a reception at the Hilton hotel in The Hague on 25 February. Guests diplomats and friends gathered in a very warmth atmosphere showcasing tourist attractions and images from Estonia.

FOR MORE RECENT EVENTS CLICK HERE: https://diplomatmagazine.eu/category/event/

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Diplomatic causerie, a Courtesy call from Ambassador Chen Xu

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Diplomatic causerie – with the People’s Republic of China, member of the UN, G20, APEC and other international organisations.  By Roy Lie A. Tjam. It was a pleasure to be welcomed by His Excellency Ambassador Chen Xu of the People’s Republic of China on a courtesy call. Ambassador Chen Xu proved to be a hospitable and charming diplomat. 2013 has been a year of numerous highlights as China looks back in order to surge further ahead. The ongoing growth of China’s economy. Profound reforms were initiated by the 18th Party Congress held in November 2012, and further elaborated by the 3rd Plenary Session of 18th CPC Central Committee held in November 2013. China is conscious of the fact that she has not yet achieved all her economic goals: ‘We are grouping stones while crossing the water’ says Chen Xu. ‘You can also say, we are busy digesting our economic boom’. China’s economic health has had a major impact on the world economy. China has also conceded that it is not easy to have a policy that will please every individual. Finding the appropriate management for our mega market is of paramount importance, observed the Ambassador. According to Ambassador Chen Xu, his country has known 30 years of high-speed progress. However, maintaining the momentum is far from easy. The Chinese economy has improved performance and made significant achievements. In 2013, China’s gross domestic product (GDP) grew by an enormous 7.7%. Over 13 million new urban jobs were created. The Chinese economy has recently become more closely connected with the world economy. In 2013, Chinese imports, exports and use of foreign investment all achieved considerable growth. Total imports approached $2 trillion and direct overseas investment by Chinese enterprises exceeded $90 billion. Change from within In 2014, agriculture will continue to be one of China’s priorities. China has 800 million farmers of which 200 million are drifting in the tremendous process of urbanization. Ambassador Chen Xu states that ‘Every citizen has within him the potential to retain our economic momentum, and every citizen should be entitled to benefit from China’s development’. Geneva talks China states that it stands for peaceful development and when embarking on business ventures, focuses on a win-win situation. Fortunately, we are today living in an era where peace and development remain the main theme of world politics compared to previous years. China also looks to political solutions, often initiating a national reconciliation process. The recent sshipments of chemical weapons material out of Syria have had naval escorts provided by the People’s Republic of China, alongside Denmark, Norway and Russia, its partners in this operation. East Asia The Sino–Nippon relationship is unfortunately at its lowest point following the visit of the Japanese Prime Minister to the war shrine at Yasukuni. China feels that PM Shinzo Abe’s visit to the Yasukuni Shrine grossly violated the principle and spirit of the four political documents between China and Japan, and broke the commitment and promises of previous Japanese governments and leaders on the issue of history. Asked whether reconciliation talks are envisaged, Chen Xu said: ‘Reconciliation is not possible, at least not for now. How can one talk about reconciliation with the intruder of one’s home while the intruder pays tribute to the perpetrators and does not have the intention to apologise?’ The Sino–Dutch relationship is almost 500 years old Chen Xu was in China when PM Rutte visited the country. Rutte was the first European political leader to meet China’s top party leadership after the historic 3rd Plenary Session of 18th CPC Central Committee held in November 2013. Other significant visits which took place in 2013 included the Head of the Koninklijke Marechaussee and the Deputy Commander-in-Chief of the Chinese Army A.O. China is aware that it could benefit from Dutch experience on areas such as water management and aagricultural advancements. China is considering revamping the old silk route which originated in Western China and entered Europe via Turkey. The route led to Rotterdam, as well as the rest of Europe and to Africa. There are actually two silk routes, one over land, the other was a maritime route. Chen wishes to see a stronger tie between China and Europe, starting with the Sino-Dutch relationship. We see Holland as a geographically small country but one which holds an important position in Europe, says Chen Xu. Nuclear Security Summit (NSS) 2014 Following the Chinese New Year celebration, Ambassador Chen Xu and his staff are now increasingly focused on the upcoming NSS 2014. A top level Chinese delegation will be participating in the NSS 2014. Certainly, China is getting ready for the summit in The Hague. The area in the vicinity of the Chinese Embassy is being prepared to facilitate the activities that will be taking place at the World Forum.  

GAL“Destino Holanda”

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By José de Bouza Serrano, Ambassador of Portugal in The Hague. Frontiers fix the boundaries of countries, divide people and create national compartments, a fact reflected in maps and territories, but, people have always and even more so in the enlarged communitarian space, moved easily because emigration is, essentially, moving. A change of house, scenery, work and country is, in most cases, based on a wish to improve conditions of life and family. Fifty years ago, on the 22nd of November 1963 The Convention between the Netherlands and the PortugueseRepublic was signed in Lisbon regarding emigration, recruitment and the outplacement of Portuguese workers in the Netherlands. And whereas this Protocol marked, in the beginning, the arrival of a small group of workers also known as “gastarbeiders” to this country, the number of Portuguese in search of a better life since then has grown steadily. Others came for political reasons, mainly students, who refused to fight in the colonial war, finding more support and tolerance in this society. But we have to go further back in History to see that already in the 17th century the first Portuguese Jewish emigrants sought refuge in the Republic of the Netherlands for religious reasons. They found refuge in Amsterdam where they built the famous Portuguese Synagogue, a well preserved universal monument. In the 20th century, after the First World War, Holland felt the need of more workmanship, especially in the areas of agriculture and fishery. Most Portuguese emigrants therefore moved to this country and continued to do so until the beginning of World War II. The end of this destructive period marked the renewed recruitment of foreign workmanship, this time mostly for the primary sector and the mining industry. The injection of capital provided by the Marshall Plan stimulated the secondary sector, specifically the electro domestic, car, aeronautic and petrochemical industries. During the sixties the number of “gastarbeiders” reached 1500, but as a consequence of the family reunion that started with the Protocol of ’63, this number soon went up to 2000 and later on to 3500 Portuguese. After the Revolution of April 1974, the statistics indicated 7500 Portuguese people working and living in the Netherlands, a number that grew higher together with the negotiations about the adhesion of Portugal to the European Communities. The Dutch Foreigners Law made it possible that many of our compatriots adopted the Dutch nationality, also were there more mixed marriages and children born from these mixtures who were registered as Dutch citizens (however, many of them were registered at the Consulate-General of Rotterdam). This important increase of Portuguese initiated a considerable movement of associative activities. It would be interesting to study and describe this process in order to understand how they came to conquer the statute they have nowadays. Today, the Consular Section of the Portuguese Embassy has about 40 thousand registered Portuguese. The European economic crisis that started in 2008 and its effects on Portuguese society are felt in a way that a lot of young people emigrate because they cannot find employment in their home country. But, being citizens of the European Union and having the advantage of the mobility that comes with the European space, they don’t feel or see the necessity of being registered at the Consular Section of the Portuguese Embassy so that many of them remain unknown and we only come across each other in our daily life by coincidence. The Federation of the Portuguese Community in the Netherlands, founded in the 80-ies of the former century decided to celebrate the 50th anniversary of this way of living that changed the lives of many Dutch and Portuguese people, of whom many still live here with their descendants or return because their homesick of the country that once received them. For that reason the Federation organized, in November 2013, at the University of Amsterdam, a symposium called “Destino Holanda” (Destination Holland) which will be followed in the current year by a book with the different stories, lives and experiences describing this particular phenomenon of emigration. If we want to have a fruitful future, besides the past that I have just described briefly, this common way of being Portuguese has to be based on plurality, tolerance and an imaginative belief that is attractive for new generations. This is how Portuguese people will remain an important component in the economic development and social wellbeing of Dutch society that welcomed them and has grown with their daily work.

Interview with Marko Korac

By Bonnie Klap Marko Korac, the husband of Vesela Mrden Korac, Ambassador of Croatia, welcomes us in their official  residence, which has a stunning view on the harbor of Scheveningen. As Ambassador Mrden Korac is  a highly succesful careerwoman, I ask Mr. Korac how he copes with that fact and how he has carved out a life for himself? “I have absolutely no problem with the fact that she is so succesful, on the contrary,  we function as a team and we support each other. When we met she was already a diplomat, so I knew what I was getting into. We met in Budapest, where I was working  in sales and marketing of a Croatian food company at that time.  I put my own career on hold as my wife could do more important things for our country in her position. But I am lucky that nowadays, according to the bilateral agreements between Croatia and some countries  including The Netherlands, family members of diplomatic agents are eligible to work. I am now allowed to have  my own career in most foreign countries. When we arrived here three years ago, I first finished my Masters studies in European Union studies at the University of Leiden and then started working at the Rotterdam Business School, teaching Business ethics and research methods for business. I also coach students with international projects. As the Rotterdam Business School has a collaboration with the Trisakti University in Jakarta, I was fortunate enough to make a few trips to Indonesia, where I helped  building the curriculum and structure the classes, so I have been very busy myself. Busy and proud of my school, a place where I can share my international and professional experience and also learn more every day from my fantastic students, colleagues and superiors. Still the most important thing is that my wife and I are a team. That works. On a different note: when we moved  to The Netherlands, I experienced the terrific support system of the ASA , the Ambassadors Spouses Association. When you move  to a new country it is precious to have such a kind of family network  like the ASA that  helps and supports in a great way, also addressing the practical things  like where to find a doctor, baker, butcher  and those kind of things.” Ambassador Vesela Mrden Korac  speaks Dutch, does her husband speak Dutch as well, I ask him? “My wife speaks ‘Tweede Kamer Dutch’ and I speak ‘Albert Hein and Jumbo Dutch’! I do understand almost everything, but my pronunciation is not that good. I do have quite a few close Dutch friends. I remember, our very first Christmas in The Netherlands when my wife had to accompany  a Dutch delegation to Croatia and I was home alone with Christmas! But my Dutch friend, a colleague from Leiden, invited me to spend Christmas at his house and I had this lovely Christmas at his beautiful farm in Houten. I  went to church with him and his family  for the Christmas Mass. It was very welcoming and memorable.” Now that Croatia has officially become a Member of the EU, does he feel more at home here? “I felt welcome right away. We were coming to The Netherlands very often, especially while we were posted in Brussels and we have had a few Dutch people as friends, including the Dutch Ambassador in Canada and his spouse, where we were posted before coming here. So we were very well briefed before our formal arrival and at the end  it’s a lifestyle very similar to the Croatian one.  I have great admiration for the Dutch ‘can do-mentality.’ There is so much water in and around this country, but  they did  this fantastic job in conquering the water. This can-do mentality is, in my opinion, the most impressive trait of the Dutch.” How does this busy couple spend their precious free time? “We  love being outdoors, walking on the beach for instance and we like going to Kijkduin. The distance from  our house to Kijkduin is 6 kilometres, but I am willing to walk that distance and back, as there is this place, where they have those amazing ‘Poffertjes.” For ‘Poffertjes met advokaatje’ I am happy to walk 12 kilometers!”

The Académie française elects Canadian to occupy fauteuil number two (F2)

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By Roy Lie A Tjam. On 12 December 2013, Dany Laferrière, a sharp-witted novelist, has become the first Quebecer and the first Haitian to be elected as an immortal of the prestigious Académie française. He was elected in the first round of balloting and will assume the second chair of the Académie. The Académie française was officially established in 1635 by Cardinal Richelieu, the chief minister to King Louis XIII. Suppressed in 1793 during the French Revolution, the Académie was restored in 1803 by Napoleon Bonaparte. The goals of the Académie française are to maintain the purity of the French language, publish an official dictionary of the language and promote eloquence in the arts and sciences. The Académie consists of forty members. All are elected for life. The 40 members of the Académie française are referred to as immortelle. Of course this does not imply they will never die but alludes to the immortality of the French language. Past members include Voltaire, Montesquieu, Victor Hugo, Alexandre Dumas fils, Senegal‘s president Léopold Senghor. The Haitian city of Port-au-Prince had much to celebrate on 12 December 2013, it was the day Dany Laferrière learned of his election to fauteuil 2 (F2)at the Académie française and, by coincidence, Dany Laferrière was in town to launch the first International Book Fair in Haiti. Days after his nomination, Dany also paid a surprise visit to his hometown Petit-Goâve in the South. There he shared some of his success and new fame. Petit-Goâve is celebrating its 350th anniversary. Laferrière intends to take Haitian Creole (vocabulary) as well as some of the Quebec vernacular to the Académie française. How many important people, after being admitted to such a prestigious institution as the Académie française, would wish the world to know about their humble upbringing? Dany Laferrière is proud of his roots and that is what makes his election so special. In 2010, the University of Quebec at Montreal (UQAM) awarded Dany Laferrière a doctorate for his literary commitment and the remarkable influence of his work in French literature, reflecting cultural diversity and the Quebec of the past 30 years. When asked what the secret of his success is, Laferrière said, ‘I have no secret. It’s the job and the arrogance to believe that nothing is impossible’ . Dany kindly found time to speak to me about his election and when I asked him what the election to F2 has evoked in him he said: ‘I’m elated! As a child I admired Victor Hugo and I knew that he was a member of the Académie française. I had never imagined that I too would be elected to the Académie. Being elected is as if awakening from a dream. ‘Interestingly, I attended l’école Montesquieu. Both Montesquieu and Victor Hugo have been occupants of F2. Alexander Dumas fils, also a former occupant of F2, had a grandfather, French Revolutionary War Général Thomas Alexandre  Dumas, who was born in Jérémie, the ancestral home of the Dumas dynasty in the south of Haiti’. Dany added: ‘It feels good to be elected to the prestigious Académie française, but to be a writer is by all means far better, it’s gratifying. I am currently working on a project to develop and increase the number of libraries in Haiti. My investiture to the Académie française will be in spring 2015 and I am very much looking forward to it’. Notable felicitations: Justin Trudeau, Leader of the Liberal Party of Canada and acclaimed author, whose works have been translated into over fifteen languages said ‘my sincere congratulations to Dany for this exceptional recognition by the most prestigious and revered institution of La Francophonie. Stephen Harper, Prime Minister of Canada: ‘The presence of a Canadian in the Académie française will surely help this prestigious institution achieve its objectives’. Michel Martelly, President of Haiti, is elated and tweeted the news to his plethora of followers: Haiti Observer (Haitian Creole newspaper), Ekrivin Dany Laferrière Antre Nan Akademi France, Se Gro Zafè Oiu. Mezanmi, me yon examp po montre kapacite Ayisien. Ekrivin Dany Laferrière konyer-a fè pati de gro tet yo nan institisyon sa yo rele  nan Lang France :”Académie française” Se pou nou toujou enkourage moun ki ap fe efor, especialman lè ke moun sa soti laky nou.

Dany Laferrière monte Fyerte nou tout Ayisyen.

(Translation by R.L) Author Dany Laferrière joined the important French entity the Académie française. It’s a marvellous demonstration of what we Haitians are capable off. Furthermore, it’s an encouragement to all Haitians who aspire to achieve their dreams. Dany Laferrière, you have made us proud! Accolades to Canada,Haiti and the Caribbean, for an eminent Caribbean son has been elevated to such an august institution, L’ Académie française.  

Valentine’s Concert

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By Roy Lie A Tjam. Violin-maker Dmitry Badiatov‘s atelier in down –town The Hague was the venue of a Violin-Piano concert on Friday 14 February 2014. Featuring Mikhail Zemtsov (Russia) – altviool and Alfredo Oyaguez Montero (Spain) – piano. The breakdown of the programma; Nino Rota (1911-1979): Sonata Manuel de Falla (1876-1946): 7 Spanish songs Georges Bizet – Franz Waxman (arr. Michael Kugel): Carmen Fantasie Schumann – Fanasieschtuecke 73 All in attendance enjoyed the concert