T.M.C. ASSER INSTITUUT

37th Asser Colloquium on European Law

The European Union and International Crisis Management: Legal and Policy Aspects

11 – 12 October 2007

Paleiskerk, , The

T.M.C. Asser Instituut (est. 1965), a renowned interuniversity centre in the fields of international and European law, organized the first sessions of its Colloquium on European Law in 1972. Since then, conferences on European Law have been held annually and quickly gained the reputation of being a major event in the European Union law calendar. www.asser.nl The European Union and International Crisis Management: Legal and Policy Aspects Programm During the 1990’s, the European Union stood by and watched EU has been rather successful in carrying out its new tasks as an the burn. Reliance upon US diplomacy and NATO's international crisis manager. Cleverly, it has sought the cooperation military power to put the fire out condemned the EU to paying of other 'security' organisations to back up diplomacy by military the bills for reconstruction, while not moving the emphasis to force in potentially highly inflammable situations. conflict prevention and crisis management. Frustration at such inadequacies and calls for change by others led France and the The proliferation of the EU's institutional and operational United Kingdom, the EU Member States that pack the most mechanisms and cooperation with other international military punch, to prod their colleagues at the European Council's organisations to manage crises on its doorstep and farther afield, December 1999 summit at Helsinki in carrying forward work on has led to a whole series of new legal and political questions which the development of the Union's own military and non-military will be addressed at the 37th edition of the T.M.C. Asser Institute's crisis management capabilities with the objective of a strengthened Colloquium on European Law: and credible European Security and Defence Policy (ESDP). In subsequent steps, the European Council agreed to the institution - which are the problems for the recent proliferation of of new political and military bodies, structures and procedures to institutionalisation of the ESDP? ensure political guidance and strategic direction; the principles for consultation and cooperation with non-European allies and the UN, - what to think of the ways and means to build up the EU's acquis NATO and other international organisations; measures to enhance sécuritaire? the Union's civilian capabilities in the area of crisis management; the European Security Strategy, the EU's first comprehensive - what gaps do still exist in the so-called 'capabilities-expectations' approach to security issues; measures to enhance EU military equation? capabilities; and timetables for carrying forward work on all of these issues. Thus, in a very short timeframe, the EU has developed - what has been the impact of EU enlargement on the development what was needed to create an ability of its own to undertake the full of the ESDP? range of its so-called 'Petersberg tasks', as laid down in Article 17 TEU. - what are the EU institutions' major concerns as far as crisis management is concerned? The most striking manifestation - and raison d'être - of the ESDP is the Union's capacity to back its diplomatic efforts by action on the - how does the EU cooperate with other international organisations ground. Since 2001, the EU has affirmed its operational capability in the field? through the launching of sixteen ESDP operations, five of which, so nearly one third of all missions, took or are still taking place in - have ESDP missions been carried out selon la lettre, i.e. in line the Western Balkans. Lessons learned from these operations should with public international law and the EU's own rule book? be taken to heart when the EU will embark on its biggest civilian mission in the high-risk territory of . In the meantime, the - which lessons can be drawn from the EU's completed ESDP EU has already lifted its newly found confidence onto the global missions? level. For the past five years, the EU has endeavoured to tread 'out of area', both as a peacekeeper on the invitation of the host country - which lessons can the EU draw from other organisations' or the parties to a conflict and as a quasi 'regional arrangement' mistakes in the field of international legal accountability? mandated by the Security Council. Perhaps because ESDP missions on other continents were limited in both size - what does the future hold in store for the EU in international and time, and never with an aim to forcibly 'make' the peace, the crisis management? The European Union and International Crisis Management: Legal and Policy Aspects

THURSDAY 11 OCTOBER 2007 09:45 European Court of Justice 13:00 Registration and coffee/tea Vincent Kronenberger (Legal Secretary of AG Mengozzi) 13:30 Opening of the colloquium 10:00 Discussion Frans Nelissen (Director T.M.C. Asser Institute) 10:30 Coffee/tea 13:35 Welcome address Eimert van Middelkoop (Minister of Defence) International (institutional) cooperation 13:45 Keynote speech: A New Crisis Manager at the Chair: Andrea Ott (Maastricht University) Horizon – the case of the EU 11:00 EU-UN: (EU High Representative for the CFSP) Jan Wouters (Leuven University) – to be confirmed 11:15 EU-NATO: ‘Berlin Plus’ arrangements 14:15 Questions and answers Martin Reichard (Austrian Federal Ministry for Foreign Affairs) History repeated 11:30 EU-OSCE Chair: Alfred E. Kellermann (T.M.C. Asser Instituut) Michael Bothe (Johann Wolfgang Goethe University 14:30 Law-making: from EDC to EU Constitution II Frankfurt) – to be confirmed Programme Jaap W. de Zwaan (Netherlands Institute of 11:45 EU-AU, OAS, EU-ASEAN, EU-Arab League of International Relations Clingendael) Nations, etc. 14:50 Crisis management avant la lettre (WEU, ECMM and Daniel Thym (Humboldt University Berlin) EUAM) 12:00 EU agreements with third countries Wim van Eekelen (former SG of WEU) Ramses Wessel (University of Twente) 15:10 Discussion 12:15 Discussion 15:30 Coffee/tea 12:45 Lunch

Able and Willing? Learning by doing: ESDP missions Chair: Steven Blockmans (T.M.C. Asser Institute) Chair: Antonio Missiroli (EPC, ) – to be confirmed 16:00 The European Security Strategy: A Global Agenda 14:00 Crisis-management in the Western Balkans for Positive Power Annegret Bendiek (German Institute for International Sven Biscop (Royal Institute of International Relations, and Security Affairs) Brussels) 14:15 EU crisis management in Africa 16:20 Peculiarities in the institutionalisation of CFSP and Ademola Abass (University of Reading) ESDP 14:30 EU crisis management in Asia Simon Duke (EIPA, Maastricht) Pieter Feith (former EUSR to Aceh) 16:40 Discussion 14:45 EU crisis management in the Middle East: missed 17:00 Assessing the EU’s Capacity for Military Action (the chances, new opportunities Headline Goal 2010) Steven Everts (Member of Dr. Solana’s cabinet) – invited Jean-Yves Haine (SIPRI, Stockholm) 15:00 Discussion 17:20 Civilian Crisis Management: the EU Way (Civilian 15:30 Coffee/tea Headline Goal 2008) Catriona Gourlay (UNOG, Geneva) – to be confirmed Accountability of EU forces under international law 17:40 Discussion Chair: Avril McDonald (T.M.C. Asser Institute) 19:00 Conference dinner 16:00 Accountability of the EU under international law 20:00 Dinner speech: The nexus between EU crisis Pieter-Jan Kuijper (European Commission, management and counter-terrorism Legal Service) Gijs de Vries (former EU counter terrorism coordinator) 16:15 Accountability for violation of human rights law by EU forces FRIDAY 12 OCTOBER 2007 Frederik Naert (Belgian Ministry of Defence) 08:30 Coffee/tea 16:30 Accountability for violation of IHL and ICL: lessons Coherence and consistency from NATO and the UN Chair: Christophe Hillion (Leiden University) Marten Zwanenburg (Dutch Ministry of Defence) 09:00 Council of Ministers 16:45 Discussion Sophie Vanhoonacker (Maastricht University) 09:15 European Commission Closing Frank Hoffmeister (Commission, Legal Service) 17:00 Concluding remarks (Development and Prospects), 09:30 European Parliament announcement of future events, closing Jacek Saryusz-Wolski (EP, Chairman of the Committee Steven Blockmans (T.M.C. Asser Institute) on Foreign Affairs) – invited 17:15 Reception Photo's: © Council of the European Union, 2000-2005 The European Union and International Crisis Management: Legal and Policy Aspects, 37th session Asser Colloquium on European Law The Hague, 11 – 12 October 2007. Venue: Paleiskerk, The Hague, The Netherlands

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Fees  295,-- Conference Fee (Incl. Publication  75,-- Student fee (Incl. reception, of the conference, reception, coffee/tea and coffee/tea, luncheon only! Dinner and luncheons. Dinner NOT included) Publication of the conference NOT included) NB: valid student identification  225,-- Conference Fee for staff members must be enclosed! of universities and academic institutions (Incl. Publication of the conference, Food functions reception, coffee/ tea and luncheon.  75,-- Conference Dinner, Thursday 11 Dinner NOT included) October 2007

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