Intersections The Hague Institute for Global Justice Winter 2014
Column Interview Current Work ICC Prosecutor Admiral (ret.) Global Governance Fatou Bensouda James Stavridis Reform Initiative Realizing the Promise of The Future of Global Critical Issues in the Rome Statute Security Cyber Governance Intersections | Winter 2014 Introduction | 3
Dr. Abiodun Williams Introduction
The past six months have been a time of exciting activity and rapid growth for The Hague Institute. In a short period, we have launched several major initiatives and brought on board key new staff to join our roster of experts in the fields of peace and justice. It is my pleasure to introduce some new colleagues in this edition of the magazine, and to highlight a range of our ongoing work.
I am particularly proud of the progress relevance. Roundtables are not only also seeks to provide support to that has been made in strengthening an opportunity for cross-fertilization policymakers here in the Netherlands, the Institute’s convening power. The of ideas, but they also result in policy- an important actor in world affairs. pursuit of peace and justice is, at its relevant recommendations, presented That was the rationale behind the essence, an enterprise which depends through The Hague Institute’s new Institute’s recent Inside View Series, on breaking down barriers. In our own policy brief series. which examined the effectiveness of work, not only does this mean that our Dutch foreign policy. The dialogue research is interdisciplinary, building on Good ideas deserve a hearing not was bipartisan and illuminating. It the academic backgrounds of our experts only from insiders, but also from was another example of the value in in law, political science, international the wider public. It is with this convening those who do not always relations, sociology and natural sciences, core belief in mind that The Hague see eye to eye, and opening up debate it also means that we seek to bring Institute launched, in Fall 2013, a as widely as possible. together representatives of different Distinguished Speaker Series, sectors to engage in discussion. Given which provides a platform for world The Hague Institute will continue to the global challenges of the 21st century, leaders, notable thinkers and other bring together ‘thinkers’ and ‘doers’ reaching out to new partners in this inspirational experts to engage with the aim of ensuring the best ideas way will be crucial to solving collective with the community of diplomats, find their way into the policy process. problems. academics, entrepreneurs and In such a way, we will contribute international legal experts here in to strengthening the international The Hague Institute provides a platform The Hague. Two of our recent framework for preventing conflict and for informed analysis to reach a wider speakers, Peter Sutherland and fostering peace. audience, and for ideas to be exchanged Admiral (ret.) Jim Stavridis, expand between policymakers, business leaders, on the arguments they offered at the I look forward to welcoming you to one civil society leaders and academics. Institute in this edition of Intersections. of our upcoming events and hope you To this end, we recently launched enjoy this edition of Intersections. The Hague Roundtable Series, The Institute has established itself which seeks to provide an informal as an organization which produces Dr. Abiodun Williams off-the-record setting for leading experts ideas and analysis of relevance to President, The Hague Institute Cover photo: Interior of the Peace Palace; The Hague, Netherlands to discuss issues of contemporary the international community, but for Global Justice 4 | Table of Contents The Hague Institute for Global Justice Intersections | Winter 2014 Table of Contents | 5
Table of Contents
3 Introduction Dr. Abiodun Williams
3 7 Realizing the Promise of the Rome Statute ICC Prosecutor Fatou Bensouda
8 Interview Admiral (ret.) James Stavridis
11 Profile: Executive Director Serv Wiemers
12 Current Work The Hague Approach The Hague Institute’s Training Modules 7 Distinguished Speaker Series The Global Governance Reform Initiative Facing Challenges of Water Security and Peace Water Conflicts in Yemen Illicit Financial Flows Nuclear Knowledge Summit 12 23 23 An Inside View The Effectiveness of Dutch Foreign Policy
24 Home to Experts Eamon Aloyo, David Connolly and Anja Mihr
28 Snapshots Dialogues, Meetings and Events 8 29 Migration: A Chance to Reimagine Our Future Peter D. Sutherland 29 30 Upcoming Events Calendar 24 6 | About The Hague Institute and the Advisory Council The Hague Institute for Global Justice Intersections | Winter 2014 Column | 7
About ICC Prosecutor Fatou Bensouda The Hague Advisory Realizing the Promise of the Rome Statute
Institute Council The internal and transnational chaos that mass atrocities create is a direct menace to “the peace, security and well-being of the The Hague Institute for Global Justice is an Comprised of authorities from the world of international world.” Moreover, sustainable and durable peace in countries independent, nonpartisan organization established relations, the Advisory Council of The Hague Institute for ravaged by mass atrocities and gross human rights violations to conduct interdisciplinary policy-relevant research, Global Justice acts as a strategic sounding board for the is seldom achieved without the accountability component develop practitioner tools, and convene experts, President of the Institute. | Read more implemented in a complementary fashion to efforts aimed at practitioners and policymakers to facilitate knowledge sharing. Through this work the Institute aims to reconciliation and peacebuilding. contribute to, and further strengthen, the global Dr. Madeleine K. Albright (Chair) framework for preventing and resolving conflict Chair of Albright Stonebridge Group and former Secretary and promoting international peace. | Read more of State of the United States of America With the coming into force of the Rome functioning institution with membership of jurisdiction of states to genuinely and Statute at the dawn of this new century, of 122 countries and growing. To be capably investigate and prosecute Rome Mayor Jozias van Aartsen the treaty-based International Criminal sure, the ICC is here to stay and its work Statute crimes. These efforts are all Mayor of the Municipality of The Hague and former Minister Court (“Court” or “ICC”) was born as is already showing promising signs of fundamentally important to our universal of Foreign Affairs of The Netherlands the embodiment of humanity’s hope changing the strategic calculus of would- aspirations to end impunity for mass for the international rule of law and for be perpetrators, and having a constructive atrocities globally, and by extension, Professor Louise O. Fresco bringing into existence an international impact on conflicts. promoting stable and peaceful societies. President of Wageningen University Research Center and former criminal justice mechanism with teeth, Assistant Director-General at the Food and Agriculture Organization capable of holding perpetrators of The work of the ICC is of course not In this aim, the work of The Hague Institute of the United Nations mass atrocities – irrespective of rank or bereft of challenges. While the nature for Global Justice impresses. Since its official status – accountable. The Court, of the Court’s mandate makes certain establishment in 2011, The Hague Institute Professor Igor S. Ivanov in its complementary role to national challenges unavoidable, other hurdles – has quickly distinguished itself as an Professor at Moscow State Institute for International Relations jurisdictions, plays a most crucial from the consistent need for the provision intellectual hub for serious interdisciplinary and former Minister of Foreign Affairs of Russia function in the fight against impunity of adequate resources, to witness thinking about ways of promoting for mass crimes and deterring the protection and the execution of warrants international peace and justice. To this Dr. Marwan Muasher commission of such crimes. of arrest – must be effectively addressed. end, The Hague Institute’s notable projects Vice President for Studies at the Carnegie Endowment for deserve our praise and support. I thank the International Peace and former Minister of Foreign Affairs and States Parties, as custodians of the object Institute for its indefatigable efforts and former Deputy Prime Minister of Jordan “The ICC is here to and purpose of the Court’s founding treaty, contributions, and wish its important work have the primary responsibility of ensuring longevity and many successes. Dr. Shashi Tharoor stay and its work that the ICC can execute its mandate Minister of State for Human Resource Development for India, as intended by the Rome Statute. Civil The road to peace and the international Member of Parliament, and former Under-Secretary-General for is already showing society, law associations and think tanks, rule of law is long and fraught with Communications and Public Information at the United Nations promising signs.” to name but a few, also play an invaluable challenges, but it must be travelled, and role in assisting the Court; for instance, collectively at that. H.E. Judge Abdulqawi A. Yusuf by raising awareness on the jurisdiction Judge at the International Court of Justice Today, the Court stands as the triumph of and work of the ICC; generating ideas Fatou Bensouda the hope of “never again” over experience on how best the Court’s mandate can be Prosecutor of the International of history marred by atrocities. It is a real, supported, and strengthening the primacy Criminal Court 8 | Interview The Hague Institute for Global Justice Intersections | Winter 2014 Interview | 9
Interview Career Highlights
Admiral (ret.) James Stavridis ( ) • Served as Supreme Allied Commander, NATO and Commander Admiral ret. of US European Command (2009-2013) • Chair of the Board, US Naval Institute (2013-present) • Led US Southern Command in Miami (2006-2009) James Stavridis • Served as Senior Military Assistant to Secretary of Defense and Secretary of the Navy of the United States • First Commander of Navy’s “Deep Blue” strategic and tactical James Stavridis is the 12th Dean of The Fletcher School since its founding in think tank after 9/11 Pentagon attacks (2001-2002) 1933. A retired Admiral in the US Navy, he led the NATO Alliance in global operations from 2009 to 2013 as Supreme Allied Commander. Awards James Stavridis holds various decorations and awards, On 10 December 2013, the Institute welcomed Admiral (ret.) Stavridis as part including two awards of the Defense Distinguished Service of its Distinguished Speaker Series. His wide-ranging lecture addressed Medal, the Defense Superior Service Medal and five awards diverse challenges for ‘21st century security.’ This interview builds of the Legion of Merit. on his presentation, and examines the future of global security.
NATO began life as a Cold War western It is justified – European nations are failing to meet Should NATO remain the pre-eminent Given the events in Ukraine over the alliance and, since the fall of the Soviet their self-imposed goal of 2% of GDP devoted to defense, Euro-Atlantic defense mechanism, or past month, and looking back to the Union, has arguably lost its raison d’etre. a small and prudent amount. Only a handful of countries ought the European Union begin to assume Georgian war of 2008, has Russia How effective has NATO been in adapting today meet this goal – the US, UK, Estonia and Greece primary responsibility for security in its succeeded in protecting its backyard to the shifting geopolitical context? come to mind. neighborhood? from perceived NATO and wider western encroachment? Very effective. It has gone from doing essentially static guard duty Several others are close – France, Turkey and Poland. NATO, in my view, is a better instrument because of the across the Fulda Gap to deploying nearly 200,000 professional But the majority are going in the wrong direction. This cross-Atlantic linkages, which bring an additional 25% of NATO has brought in many new members from the end of the military personnel in global operations on three continents. causes unfair burden sharing in the Alliance and will cause the World’s GDP (US and Canada) into common cause with Cold War, all of whom are good Allies. Ukraine will ultimately It is responding well in Afghanistan, Libya, the Balkans, and increased friction. Europe (roughly 25% of the World’s GDP). Together, the face to the West, in my view, as that is where the best economic defensively protecting Turkey’s border from instability in Syria. NATO nations have the resources to do enormous good in the future lies. We seek cooperation, not competition, with the You spoke at The Hague Institute on the world and NATO is additive in that sense. Russian Federation. NATO had a robust training mission in Iraq and exchanges with Role of NATO in Conflict Prevention. How many African and Arab nations via the Mediterranean Dialogue well equipped is NATO to do this, and what Should NATO become a Pacific actor, in and the Istanbul Cooperative Initiative. There are 22 nations in the extra resources would enable it to carry out light of the US military rebalance to Asia Partnership for Peace program, including the Russian Federation. this mission more effectively? as part of the Obama Administration’s “Together, the NATO nations ‘pivot’ agenda? US leaders traditionally criticize European We could be much better and we should work on that – have the resources to do countries for spending far less than their disaster relief; humanitarian operations; crisis response; There are clearly potential linkages with Asian partners, fair share on defense. To what extent is this helping security to enable development – these are things we building on work together in Afghanistan and counter-piracy enormous good in the world criticism justified, and how much longer could improve upon, and things that will ultimately create efforts. Australia, New Zealand, Japan, South Korea, Malaysia, and NATO is additive in can European nations rely on an American security. In this turbulent 21st century, we will not deliver Singapore, and many others are partners; it makes sense to security umbrella? security solely from the barrel of a gun. explore further exercises and interaction in the Pacific. that sense.” Intersections | Winter 2014 Profile | 11
Profile: Executive Director Serv Wiemers
“Whether working on trade promotion or the promotion of international peace and justice, relevant ideals are deeply rooted in the Netherlands and The Hague more specifically.”
On 1 February, Serv Wiemers served, from 2000 to 2005, as an Leiden University, the Netherlands, joined The Hague Institute economic diplomat at the Royal the Institut d’Etudes Politiques in for Global Justice as Executive Netherlands Embassy in Beijing, China, Paris, France, and the University of Director. Mr. Wiemers brings promoting bilateral economic relations Connecticut School of Law in the between the two countries. “Whether United States. He has published a wide-ranging background in working on trade promotion or the books and articles in magazines and both public international law promotion of international peace and newspapers on international politics, and economic diplomacy. justice, relevant ideals are deeply rooted international law, human rights, in the Netherlands and The Hague transition economies and China. Prior to joining the Institute, more specifically.” You have recently moved from a position Yes – we need an agreed upon definition for attack in the Mr. Wiemers served as Director of Mr. Wiemers will be responsible for of military leadership to stewardship of a context of cyber (the treaty does not provide one). We should Investment Climate and Promotion Mr. Wiemers studied international operational and development activities pre-eminent school of international affairs. explore robust information sharing between the Allies and at the Netherlands Foreign law and international relations at at The Hague Institute. | Read more Has your vantage point changed along rebuild trust damaged by the NSA revelations. We should also Investment Agency, an operational with your career move? Are there strategic begin to think about offensive cyber operations in a military unit of the Netherlands Ministry of challenges that you would emphasize now context (they are inevitable) and whether there are deterrent Economic Affairs. In this role, he as Dean which featured less prominently in regimes that could be constructed to constrain them. was responsible both for business your analysis as Supreme Allied Commander development and policy, with the aim Europe (SACEUR)? of promoting the Netherlands as a business location. Like all of us, I take my life’s experiences and try and apply it “Cybersecurity; biology; the to new challenges when I take on new responsibility. At the “The Netherlands is among the most moment, I am interested in the Arctic and the environment; role of women; and the globalized countries in the world. It is cybersecurity; biology; the role of women; and the use of social not a coincidence that this relatively networks in diplomacy. I think those will all be key elements of use of social networks in small country can be found in the top the international world going forward. diplomacy. I think those will 10 of the world’s largest exporters and foreign investors, while at the What of emerging threats? Following all be key elements of the same time being the champion of NATO’s Strategic Concept of 2010, is it international law,” says Mr. Wiemers. time for NATO to include cyber attacks international world going in its charter and mutual defense Mr. Wiemers has diplomatic experience provisions? forward.” and a background in Asia, having
12 | Current Work The Hague Institute for Global Justice Intersections | Winter 2014 Current Work | 13
Rule of Law The Hague Approach
Launched on 28 August 2013 at the centennial celebrations of the Peace Palace, The Hague Approach has been hailed as a groundbreaking initiative in the field of post-conflict peacebuilding. The Hague Approach comprises Six Principles for Achieving Sustainable Peace in Post-Conflict Situations, as well as two empirical studies on rule of law in fragile states from which the Principles drawn.
“There is great alignment between The Hague Approach and the activities the UN promotes.”
Presented to the King of the Netherlands, as well as the UN Secretary-General, the Principles were launched with the participation of UN Assistant Secretary-General for Peacebuilding Support, Judy Cheng-Hopkins, who remarked that “there is great alignment between The Hague Approach Current and the activities the UN promotes. We hope to continue working with The Hague Institute for Global Justice, especially in light of these relevant principles.” Work The value of The Hague Approach to the ongoing work of the United Nations was also highlighted by UN Deputy Secretary- General Jan Eliasson, who commented that “The Hague The three focus areas of Approach is very much in line with United Nations policy in The Hague Institute’s supporting post-conflict transitions. It has the added value of providing practical tools in key areas of this agenda which all stakeholders can apply.” program of work are Photo: Judy Cheng-Hopkins, UN Assistant Secretary- Conflict Prevention, Rule of General for Peacebuilding The Hague Institute will continue its dialogue with leading Support, delivers the keynote policymakers in the field of peacebuilding, and intends to address during The Hague Law and Global Governance. develop further trainings and toolkits based on the findings of Approach launch event at the Peace Palace in The Hague The Hague Approach with the aim of assisting fragile states in on 28 August 2013. their transition from conflict to sustainable peace. | Read more 14 | Current Work Current Work | 15
Rule of Law Quality of Democracy Comparative Case Study The Hague Institute’s Transitional justice is a core area of research, capacity building and policy advice under the Institute’s Rule of Law Training Modules Program. Program Head Anja Mihr and her research team, Malini Laxminarayan and Hyemin Kim, will work on a comparative country case study concerning the impact and The Hague Institute has responded to the correlation that transitional justice measures have on the increasing demand for knowledge-based quality of democracy in eight countries around the world. programming and policy development by means of high-level training courses. The training modules are based on the “The Hague Institute expertise and ongoing research projects of the Institute, and aim to stimulate gave us a very good cross-pollination between empirical research and emerging trends in justice chance to learn many sector development and reform. things especially on international criminal
Transitional Justice law and the ICC.” The Hague Institute provided two trainings on transitional Naima Gebril justice in 2013: One in The Hague and another conducted in Judge, Court of Appeal in Benghazi, Libya the vicinity of a conflict affected country. Rule of Law and Transitional Justice in Libya, Photo: Judges and prosecutors from Libya during the Rule of Law and Transitional 11-13 June 2013 From 11-13 June 2013, the Institute invited senior judges Justice training program at the Institute on 13 June 2013. and prosecutors from Libya for a training on transitional justice and international criminal law. A comprehensive mapping of important justice challenges in Libya served as The training module focused on capacity building Fellowship Program on Transitional Preliminary results show that even in countries as diverse the basis for the tailor-made training module. measures for human rights activists and practical Justice in Africa as Hungary, Sierra Leone, Brazil or Japan, the effects of tools from The Hague Approach. Particular attention In collaboration with the South African Institute for Justice transitional justice measures are often more similar than The course covered penology and human rights, was paid to tools for fostering a rule of law culture, and Reconciliation (IJR), The Hague Institute will develop initially anticipated. international criminal procedure and substantive criminal which go beyond rule of law procedures and institutions the Fellowship Program on Transitional Justice in Africa. law. Participants had regular exchanges with international like the NPRC; and strategic communication to gain the The program will provide a unique opportunity for The Open Research Area - the Netherlands Organisation experts such as judges and prosecutors working for the popular support necessary for the proper functioning of mid-career scholars, practitioners and researchers from for Scientific Research (ORA-NWO) funded project is in International Criminal Court (ICC) and the ad hoc tribunals the NPRC. African countries transitioning from periods of mass collaboration with the University of East London. Initial as well as human rights litigators. violence, gross human rights violations and conflict to the publications will be launched during the UN Human Rights The training module included information on fact-finding, rule of law and democracy. Council meetings in Geneva in Fall 2014. In Johannesburg, South Africa, from 9-11 October 2013, forensic evidence, domestic investigation and prosecution researchers from The Hague Institute trained NGO of international crimes. The Hague Institute will continue In a period of four weeks, participants will acquire academic, activists on transitional justice and international with its training modules and expand its program. practical and policy-relevant skills to make a meaningful criminal law in light of the recently adopted Zimbabwean contribution to transitional justice issues in their respective Constitution’s clause on a National Peace and countries. The first three weeks of training take place Reconciliation Commission (NPRC). at IJR, and the final week of training will take place at The Hague Institute. 16 | Current Work The Hague Institute for Global Justice Intersections | Winter 2014 Current Work | 17
November 2013, it provides a platform to discuss pressing Global Governance Program. It proposes policy-relevant, multi-stakeholder global issues with those who have decision-making or solutions to the collective-action dilemmas that stymie debate-shaping power. The Global Governance global governance efforts in select domains, and identifies general lessons for good global governance. This is Distinguished Speakers typically give lectures linked to Reform Initiative achieved by bringing together experts from four sectors The Hague Institute’s own portfolio of activities on conflict (government, international organizations, civil society and prevention, rule of law and global governance. The series the private sector) and strategically important countries opened with Sir John Holmes, Director of The Ditchley Globalization and the changing configuration in the EU, BRICS and North America, to participate in a Foundation and former UN Under-Secretary-General for of geopolitical power and responsibility have policy-oriented dialogue and research partnership. The Humanitarian Affairs and Emergency Relief Coordinator. Sir heightened the need for effective transnational work of the experts is overseen by renowned academics and John spoke on the topic of ‘Humanitarians and International cooperation to resolve pressing governance practitioners. Intervention,’ making a forceful case for the importance challenges in a variety of domains, ranging of civilian protection and arguing that the international The pilot project of the GGRI focuses on the global governance from cyberspace to the high seas. community ought not to consider whether to intervene when of cyberspace. It addresses timely questions such as which civilians face humanitarian crises, but rather how to do so form of governance is most appropriate for regulating internet most effectively. Many of these domains are inherently difficult to regulate. content, and whether it is feasible or desirable to protect Governance efforts are further complicated by the fact that the internet users’ privacy by enforcing barriers to cross-border governance institutions created in the aftermath of World War data flows. The preliminary results of the pilot project will be II are largely state-centric, and do not adequately represent the presented in Spring 2014. “These events will welcome range of stakeholders or forms of governance required to tackle the challenges of the 21st century. The Hague Institute undertakes this project in collaboration Photo: Former Foreign Minister of Germany, Joschka Fischer, speaks at the Institute on prominent thinkers with the Netherlands Ministry of Foreign Affairs, The Observer 15 January 2014. The Global Governance Reform Initiative (GGRI) is the Research Foundation (New Delhi), and the Netherlands and practitioners to the flagship project of The Hague Institute’s Global Governance Institute of International Relations – Clingendael. Convening Power Institute for dialogue with Distinguished a varied community of Speaker Series policymakers, academics, business leaders, and civil At the heart of The Hague Institute’s mission, society organizations here alongside its independent research and training activities, is its role as a leading forum for in The Hague.” informed debate. This “convening power” Dr. Abiodun Williams takes many forms, both public and private. Distinguished Speaker Series inauguration, 14 November 2013
The Institute aims not only to facilitate high-level dialogue behind closed doors, but also to foster informed debate between A diverse range of speakers have taken part, to date, leading international thinkers, leaders and international affairs including leaders from the political, military, business and practitioners and the diverse community of policymakers, civil human rights spheres. They include Peter Sutherland, the society representatives, students and business leaders based in UN Special Representative of the Secretary-General for the city and wider region. Migration and Development; Admiral (ret.) James Stavridis, the former Supreme Allied Commander of NATO; Joshcka The Distinguished Speaker Series is the centerpiece of Fischer, the former German Foreign Minister and Jan Peter The Hague Institute’s public engagement. Launched in Balkenende, the former Dutch Prime Minister. 18 | Current Work The Hague Institute for Global Justice Intersections | Winter 2014 Current Work | 19
Conflict Prevention An important lesson of the conference is that there is no one size fits all solution to water diplomacy. Diverse Facing Challenges processes, involving different stakeholders, can foster cooperation. It was highlighted on several occasions that of Water Security conflicts over water resources are complex because of the intricate coupling of geographical and social factors. As and Peace a result, conflict prevention and resolution must take into account specific socio-economic conditions and political contexts. An international conference on Water Security and Peace was held at the Peace Palace in Speaking to Al-Jazeera’s Inside Story, Dr. Patrick Huntjens, The Hague on 14-15 November 2013. The Head of Water Diplomacy at The Hague Institute, stated: conference was organized by the Water Diplomacy Consortium, which consists of five partners: The Hague Institute for Global ”Water cooperation is Justice, UNESCO-IHE Institute for Water Education, UPEACE Centre The Hague, very difficult. It’s not the Netherlands Institute of International Relations – Clingendael and the Water only about finding Governance Centre. technical solutions. It is very important to The availability of water resources is a factor in determining the well-being, prosperity and stability of societies worldwide. have stakeholders at As freshwater becomes more scarce and is often distributed unevenly, tensions over its use are manifested in daily life. the table and find consensus building Water diplomacy can be successful when parties that have conflicting interests recognize that non-collaboration solutions” is likely to result in a worse outcome for all. Sharing international waters should be approached from a Dr. Patrick Huntjens perspective of shared opportunities that can exceed Water Security and Peace Conference, optimum national benefits. The aim of water diplomacy 14-15 November 2013
should therefore be to identify and strengthen such mutual benefits. The conference was sponsored by the Netherlands Ministry of The conference on water security and peace created Foreign Affairs, Ministry of Infrastructure and Environment, opportunities for dialogue, knowledge exchange and and the City of The Hague. For more information, visit: partnership building. Participants explored the role of www.waterdiplomacyconsortium.org. prevention, negotiation and arbitration in water disputes, with a focus on specific cases in the Middle East, North Africa and Asia. The conference also highlighted the importance of optimizing present arrangements, particularly the need for additional diplomatic tools to overcome political bottlenecks and address recurring conflicts. 20 | Current work The Hague Institute for Global Justice Intersections | Winter 2014 CurrentCurrent Work work | 21
Conflict Prevention The Water Diplomacy team at The Hague Institute, together Rule of Law Finally, effective combat of IFFs is necessary to break the with its partners in Yemen and in the Netherlands, is vicious circle of underground economies, which in turn Water Conflicts in Yemen conducting a project to better understand the characteristics Illicit Financial Flows fuel conflict. of the multiple water conflicts in Yemen. This is done through the analysis of three case studies focusing on different areas In November 2013, at a roundtable hosted by The Hague Yemen is one of the poorest countries in of Yemen. The Hague Institute is committed to Institute, policymakers, business and NGO representatives, the Arab region and is faced with political curtailing illicit financial flows (IFFs) in lawyers and researchers concluded that there is momentum instability. An acute water crisis looms over The team analyses how water conflicts arise in these cases and the context of the post-2015 agenda. IFFs to drive more efforts in curtailing IFFs. Both in developing the country, as Yemenis are amongst those the formal and traditional dispute resolution mechanisms to concern money that is illegally earned, and developed countries, there has been outrage when which stakeholders resort. By doing so, the team addresses multinational corporations or wealthy individuals populations with the lowest water transferred, or spent; of which no record is the role and effectiveness of formal and traditional rules and avoid taxes. availability per capita in the world. kept; and generally does not return to the practices in water related conflicts. Based on this analysis, the team will present recommendations to strengthen the country of origin. Such money is usually Despite research and aid work in Yemen in recent years, governance framework in Yemen. ‘earned’ through corruption, transactions significant knowledge gaps remain, especially concerning involving contraband goods, criminal Activities that foster a rule the use of national and local rules and procedures for solving The project is supported by the Netherlands Embassy activities, and efforts to shelter wealth water-related conflicts. in Yemen. | Read more from tax authorities. of law culture have to take place at the national and While the risk of conflict looms over a country, there international level and can be no meaningful and sustainable development. Therefore, the post-2015 agenda has to deal with conflict must be undertaken by risk factors, including IFFs. Moreover, narrowing equity deficits is a condition for accelerated progress on the post- multilateral institutions 2015 goals. and regional organizations Progress on the proposed goal concerning IFFs requires as well. improved global partnership, renegotiated tax treaties, technical assistance for proper taxation systems, and concerted action at all levels. Northern governments are beginning to realize how they On 20 October, Yale University hosted its annual conference can act ‘in their own backyard.’ States, both collectively on Human Rights and Economic Justice. Researcher Jill on the international level and by means of multilateral Coster van Voorhout participated in the conference and institutions, can bring about institutional reform for good explained the impact of the Institute’s Rule of Law Program. financial governance. She emphasized that activities that foster a rule of law culture have to take place at the national and international The Institute will continue to research IFFs in relation to level and must be undertaken by multilateral institutions the post-2015 agenda. It will publish a policy brief with and regional organizations as well. recommendations for states, businesses and lawyers to curb IFFs in a way that benefits developing countries, and Moreover, a holistic approach to IFFs should not focus continue to conduct policy relevant research. solely on tax abuses but ought to encompass efforts to curb corruption, money-laundering and other transnational crimes. Preventive measures on tax abuses are required so that governments can build and use tax revenues to improve infrastructure, public health and education systems.
Photo: International Conference: Water Security and Peace at the Peace Palace on 14-15 November 2013. 22 | Current work The Hague Institute for Global Justice Intersections | Winter 2014 An Inside View | 23
An Inside View The Effectiveness of Conflict Prevention Nuclear Dutch Foreign Policy Knowledge Summit During the Fall of 2013, The Hague Institute convened three panels of high-level policymakers, collectively responsible for the development and implementation of Dutch foreign policy over the On 24-25 March 2014, around 60 world past two decades. The series of events, entitled An Inside View: The Effectiveness of Dutch Foreign leaders, including US President Barack Policy was designed to look ‘behind the veil’ at the international affairs policymaking process in Obama, convened in The Hague for the the Netherlands, asking ‘is Dutch foreign policy as effective as it could be, and if not, what can be third Nuclear Security Summit (NSS). done to improve it?’
More than 5,000 delegates, including renowned This unprecedented series began with business leaders and members of the As a think tank that aims to scientists, academics and policymakers discussed a panel convening former Political diplomatic corps. The Netherlands’ improve international frameworks accomplishments and challenges facing international Directors at the Netherlands Ministry of relationship with the European Union, for conflict prevention, the rule cooperation in nuclear security. Foreign Affairs, who considered issues and communication between political of law and global governance, such as the appropriate balance between leaders and the public on this key issue, The Hague Institute is committed The global summit offered a unique occasion for a idealism and realism in Dutch foreign was at the heart of the discussion. to assisting governments with their consortium of academic and policy institutions to policy, as well as the state of relations engagement on these issues. Given present their expertise to the outside world. The with key external actors, including the The ministers also reflected on the role the traditional leadership of the result was the Nuclear Knowledge Summit (NKS), European and transatlantic dimensions. that economic diplomacy should play Netherlands in these domains, the an official side event to the NSS. in Dutch international engagement, as Institute welcomes the opportunity Given the Netherlands’ traditional well as the Dutch role as a security actor, to provide a forum to discuss the As part of this initiative, The Hague Institute pedigree as a proponent of multi- which is particularly germane in light effectiveness of current instruments for Global Justice, in close cooperation with the lateralism, the second event in the both of the decision to deploy Dutch - and a report which will build on the Stockholm International Peace Research Institute series brought together (on United troops to assist the UN peacekeeping discussion in the Inside View Series - (SIPRI) and Campus The Hague - Leiden University, Nations Day) former Dutch Permanent mission in Mali and the Dutch candidacy to propose an agenda for constructive invited leading nuclear experts to discuss the Representatives to the UN in New York. for the Security Council. reform. | Read more influence of non-traditional stakeholders in nuclear The former UN Ambassadors discussed security governance issues. the challenges of Security Council and General Assembly reform, as well as a The roundtable, entitled Uncertainty and Disputed Dutch agenda for a possible tenure on Values: The Role of Non-State Actors in Global the UN Security Council in 2017-18. Nuclear Security, focused on the influence of non- state actors on nuclear policy decisions. In so doing, The Inside View Series culminated in a its aim was to develop innovative ideas and policy rare meeting of four former Ministers recommendations for improving public campaigns of Foreign Affairs, who considered the and Track II diplomacy efforts related to the strategic direction of Dutch foreign policy governance of nuclear security. in front of an audience of policymakers, 24 | Home to Experts The Hague Institute for Global Justice Intersections | Winter 2014 Home to Experts | 25
Senior Researcher, Conflict Prevention Program Dr. Eamon Aloyo
“I’m excited to conduct original research by considering how moral principles should guide Home policy making regarding conflict prevention and to Experts the responsibility to protect in order The Hague Institute for Global to promote global Justice is home to a select group justice.” of experts from around the world, who are involved in the Institute’s research programs and contribute Dr. Eamon Aloyo is a Senior Researcher in the Institute’s Dr. Aloyo received his PhD. in Political Science from the to the debate on a wide range of Conflict Prevention Program. Dr. Aloyo is a political scientist University of Colorado at Boulder, where he was awarded working on policy relevant topics at the intersection of political one of its highest honors, the Thomas Jefferson Award. aspects of global justice. Three of theory and international relations. He has published in Global Northwestern University, George Washington University, these experts are Eamon Aloyo, Constitutionalism, Global Society, International Theory, and a the United States Institute of Peace (USIP), and the book edited by Rodney Bruce Hall. Academic Council of the United Nations (ACUNS) have David Connolly and Anja Mihr. supported his work. Dr. Aloyo will be researching and working on projects regarding conflict prevention, the responsibility to protect He is additionally a senior analyst in the global justice (R2P), and related issues. He is interested in and will section at the Global Governance Institute, a senior fellow contribute to research on just war theory and how the just at the Canadian Center for the Responsibility to Protect, and war theory tradition can be used to morally assess the serves as a board member for International Peace Initiatives, prevention aspect of R2P. a Kenyan NGO. | Read more 26 | Home to Experts The Hague Institute for Global Justice Intersections | Winter 2014 Home to Experts | 27
Head of the Conflict Prevention Program Head of the Rule of Law Program Dr. David Connolly Dr. Anja Mihr
“Conflict prevention “Our Rule of Law offers a proactive and program focuses integrated response on the correlation to the phenomenon between actors, of violent conflict agencies and and war within and institutions on between societies. the local, national The challenge is to and international test and establish level. Only if all cyclical approaches levels interact to prevention that transparently and can tackle not only hold each other the initial outbreak accountable can but also its escalation the Rule of Law and recurrence.” be strengthened.”
Dr. David Connolly is Head of the Institute’s Conflict Dr. Connolly brings broad expertise in conflict analysis, third- Dr. Anja Mihr is Head of the Institute’s Rule of Law Program. Dr. Mihr has worked for the European Inter-University Center Prevention Program. He is formerly a research fellow and party intervention, peacebuilding and the reconstruction of Since 2009, she has also served as an Associate Professor for Human Rights and Democratization in Venice and for lecturer at the University of York, 2005 to 2013, where he was war-torn states and societies. He has managed a range of applied at the Netherlands Institute of Human Rights (SIM) at the the German Institute for Human Rights. She was first an also the Director and co-founder of the MSc program research projects that have assessed and helped design strategic University of Utrecht. Dr. Mihr is the co-director of the assistant professor with UNESCO Chair in Human Rights at in International Humanitarian Affairs, and Deputy Director international programs and interventions. Dr. Connolly has ORA-NWO project on the impact of transitional justice on the University in Germany and later a research director at the of the Education in Conflict and Emergencies research also designed and developed more than 30 capacity building democratic institution building. Her work focuses on rule of Humboldt University of Berlin. From 2002 to 2006, Dr. Mihr program. workshops and professional development courses. law, governance, human rights and democratization. served as Chair of Amnesty International Germany.
Trained as a Political Scientist, Dr. Connolly specializes in The Conflict Prevention Program will focus on four strategic Dr. Mihr aims to make the Rule of Law Program a global She has published a number of books and articles on the institutions and processes of local governance during themes: 1) frameworks, principles and norms; 2) natural one by looking at how international law has changed and international human rights regimes, human rights education, and after conflict. He has conducted research in Afghanistan, resources; 3) institutions and governance; and 4) education. In impacted local and national jurisdiction, institutions and transitional justice, democratization, the European human Egypt, Indonesia, Kenya, Nepal, Northern Ireland, Sierra 2014, it will embark on a series of long-term research projects that perceptions of justice and law. rights system and NGOs, and has been co-editor of the Leone, Somalia, South Sudan, Sri Lanka and Yemen. will engage critically with policy and practice in partnership with European Yearbook of Human Rights as well as the German other think tanks, agencies and universities. | Read more Journal for Human Rights. | Read more 28 | Snapshots The Hague Institute for Global Justice Intersections | Winter 2014 Column | 29
Dialogues, Meetings and Events Peter D. Sutherland Snapshots Migration: A Chance to Reimagine Our Future
The 21st century is built on mobility: Capital, goods, and information circulate at low cost and lightning speed. Yet, paradoxically, international migration has become more perilous. It is governed by outmoded notions about human mobility. It is hampered by inadequate policy frameworks. And it is stifled by overriding security concerns.
The Institute gathered high-level practitioners for a full day conference On 2 October 2013, Fatou Bensouda, Prosecutor of the International on stabilization and reconstruction efforts in fragile and conflict- Criminal Court (ICC), and Theodor Meron, President of the International affected situations. The conference, Achieving Sustainable Peacebuilding: Criminal Tribunal for the Former Yugoslavia (ICTY) discussed Twenty Years While our globalized labor markets Forum on Migration and Development, distribution of resources and strains Retrospect and Prospect, took place on 29 August 2013. of International Criminal Law: From the ICTY to the ICC and Beyond. seek migrants, and as ever more people created in 2006, has helped build communities, especially those with little seek to move to escape poverty, our trust and a common understanding experience in integrating newcomers. patchwork system of international among migration stakeholders. Last mobility hampers them. Instead, it September, the Domestic Workers empowers those who exploit migrants Convention went into force, offering “This century is —smugglers and traffickers, crooked critical protections to over 50 million recruiters and venal employers. of the most vulnerable migrant built on mobility.” workers. Remittance fees, meanwhile, It has severely compromised the human have dropped significantly in recent Reactionary ideas thus dominate the rights of migrants, too many of whom years thanks to a combination of public space. In this context, migration must travel, live, and work outside the market forces and government policy. is a political orphan, with few champions Senior US and European policymakers visited the Institute to The Distinguished Speaker Series commenced on 14 November 2013 protection of laws. It has depleted public Countries are becoming more proactive among the political classes. A dialogue discuss Asia’s increased role in global affairs, and its implications with Sir John Holmes. His speech focused on ‘Humanitarians and trust in the effectiveness of government. in tapping the knowledge, networks, of the deaf between populists and for transatlantic partnerships. The Rise of Asia: Implications for the International Intervention.’ And it has undermined our ability to and investments of their diasporas. advocates for migrant rights ensues. Transatlantic Agenda took place on 16 October 2013. design policies that allow migration to help The moderate center is silent. It is time us achieve our development goals. Simply Yet facing up to the challenges and for this silence to be broken. put, the current system does not work. opportunities of migration is not just a matter of institutional capacity or political The threat is obvious: divided com- It is now time to begin building a system will. It is a function of our mindset. munities, alienation, insecurity. The of human mobility that responds to the opportunity might be less apparent, but realities of the 21st century. We need Migration is a pervasive and disruptive it is an extraordinary one: We have the to create an adaptable architecture force. It is a molecule that attaches itself chance to re-imagine how we think about that allows individuals to develop their to our most neuralgic social issues— migration and mobility, and how we full potential, communities to better identity, sovereignty, human rights, the construct our communities. | Read more integrate newcomers, companies to welfare state, community—and can The Hague Institute expert, Patrick Huntjens, interviewed by Inside Story On 4 February 2014, former Prime Minister of the Netherlands, Jan access the workers they need, and therefore be easily exploited by populists. Peter Sutherland on Al Jazeera during the 14-15 November 2013 conference on Water Peter Balkenende, visited the Institute as part of the Distinguished governments to regain public trust. It accentuates winners and losers. Special Representative of the UN Secretary- Security and Peace. Speaker Series. Progress is already evident. The Global It generates unease over the unequal General for Migration and Development 30 | Calendar The Hague Institute for Global Justice
Calendar Upcoming Events
March April May
Uncertainty and Disputed The ICC and the Yugoslav Review Conference of Values: The Role of Non- Tribunal: Upholding Working Papers on the State Actors in Global Nuclear International Criminal Law? Governance of Cyberspace Security This 2 April event, organized at and This three day conference from In connection with the Nuclear in association with Chatham House, 13-15 May is a platform for 17 selected Knowledge Summit (NKS) event series, will address challenges facing the two experts to present draft papers and in partnership with the Stockholm courts, including the perception of ICC on pressing issues related to the International Peace Research Institute bias against Africa, the recent case law governance of cyberspace. (SIPRI), The Hague Institute organized of the ICTY Appeals Chamber and the and convened experts for a roundtable future of international criminal justice. The Nuclear Deal: US-Iranian to explore the governance of nuclear Relations, Retrospect and security issues. This event was held on Prospect 20 March. A Conversation with This 21 May discussion is part of The International Court of Justice Hague Roundtable Series and will bring Judges together policymakers, academics and Launch of UN Human Rights On 11 April, The Hague Institute will civil society representatives with key Report on North Korea with take part in the American Society of international expertise on Iran. Judge Michael Kirby International Law (ASIL) 108th annual The Hague Institute welcomed the meeting in Washington, DC. This year’s Distinguished Speaker Series: Honorable Michael Kirby on 20 March gathering will be a joint-meeting with Miroslav Lajčák for The Hague launch of the United the American Branch of the International On 22 May, The Hague Institute is Nations Report of the Commission Law Association (ILA). Dr. Abiodun honored to host Miroslav Laj ák, Deputy of Inquiry on Human Rights in the Williams, President of The Hague Prime Minister and Minister of Foreign č Democratic People’s Republic of Korea. Institute, will moderate a plenary and European Affairs of Slovakia, as conversation with three judges from the part of its ongoing lecture series. The International Court of Justice (ICJ). Minister will speak on the topic of EU enlargement. Exploring Theory and Practice: Transnational Governance For a complete list of upcoming events, and Democratic Legitimacy please visit: TheHagueInstitute.org What are the challenges related to the democratic legitimacy of existing processes of transnational governance? This 16 April event will present and discuss the main findings from The Photography: Den Haag Marketing/Jurjen Drenth (cover), Dick de Jager (p.4,8,10,16,18,23,25-27,28), UN Photo/Mark Garten (p.17), Hague Institute and Clingendael UN Photo/Marco Dormino (p.18-19), Bert de Jong (p.20,28), UN Photo/Eskinder Debebe (p.22), Institute joint-project. Design: SchaapOntwerpers.nl Sophialaan 10, 2514 JR The Hague, The Netherlands t +31 (0)70 30 28 130 | e [email protected] | @HagueInstitute TheHagueInstitute.org