Intersections The Hague Institute for Global Justice Winter 2015

Column Interview Current Work No Civil Society Canada’s Making without Education Lloyd Axworthy Reform Last Kailash Satyarthi, Nobel Fragile States and Launch: The Commission Peace Laureate 2014 Human Security on Global Security, Justice & Governance Cover photo: A young girl practices reading at a UNICEF supported Community Based School in Qala-e-Haji Yahya village, in Afghanistan’s Herat Province. Intersections | Winter 2015 Education in Fragile States | 3

Dr. Abiodun Williams Education in Fragile States

Welcome to the Winter 2015 edition of Intersections magazine, which showcases The Hague Institute’s ongoing work, especially as it relates to education and conflict prevention. In this issue, Nobel Peace Laureate Kailash Satyarthi writes on the importance of education for all, while former Canadian Foreign Minister Lloyd Axworthy is interviewed about his work on conflict-affected countries. Dutch MEP Marietje Schaake also writes for this season’s edition, focusing on the central role that education should have in foreign policy.

I have long been convinced that education state. Between states, better education goats and seldom reflects the humanity is of fundamental importance in – particularly about other cultures – can of supposed rivals in the global race. preventing conflict and fostering help to ease tensions between rivals, and In fragile states, the role of education sustainable peace. Education serves thereby hold back the dogs of war. This serves a particular purpose in bringing many functions – for example, as an has been the signature achievement of about sustainable peace after conflict. instrument for economic growth, various international educational Educators who give due consideration to socialization and poverty reduction – programs, including the United World conflicting communal narratives create and contributes to building peaceful Colleges and the Fulbright Program, a space for co-operation between future societies. both of which I am pleased to be generations. Education is also the pathway associated with. to fulfilling jobs, which goes a long way to disrupt the poverty-conflict nexus at the “Education serves It is axiomatic to say that we now live heart of many wars. in a global age. It is an age that requires a purpose in global citizens, equipped to collaborate It is for these reasons that The Hague beyond borders to solve collective Institute is devoting attention and bringing about problems and affirm our common resources to the relationship between sustainable humanity. However, globalization has education and peacebuilding. It is a field also brought with it alienation; changes which deserves significantly more inves- peace after wrought by global processes have left tigation, and one in which I am confident communities feeling powerless and that the Institute will make a contribution. conflict.” threatened by the ‘other’. Education must be at the heart of efforts to counter Education underpins an informed the backlash against globalization, which Dr. Abiodun Williams citizenry, which enables the exercise of has readily understandable causes, but President arbitrary power to be checked within the which too often has sought out scape- The Hague Institute for Global Justice 4 | Table of Contents The Hague Institute for Global Justice

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Table of Contents

6 No Civil Society without Education Kailash Satyarthi, Nobel Peace Laureate

8 Interview Dr. Lloyd Axworthy, former Foreign Minister of Canada

11 Convening Power Commission on Global Security, Justice & Governance

12 Current Work Education to End Violent Water Conflicts in Yemen Marchant Lecture Global Governance Reform Initiative Climate Adaption in Vulnerable Small Island States: Zanzibar

16 Conflict Prevention Education in Fragile and Conflict-affected States

18 Communications Media in Fragile States

19 Knowledge Platform The Knowledge Platform’s Thematic Events in 2014

20 20 Fact-finding and Accountability Rule of Law

23 Spotlight Addressing Europe’s Challenges

24 Home to Experts Dr. Aaron Matta, Jill Coster van Voorhout and Tessa Alleblas

28 Snapshots Dialogues, Meetings and Events

29 On Education, Foreign and Development Policy Marietje Schaake MEP

30 Upcoming Events and Recent Publications 6 | Column The Hague Institute for Global Justice

Kailash Satyarthi, Nobel Peace Laureate 2014 No Civil Society without Education

Education is a vital building block for every society, argues Nobel Peace Prize Laureate Kailash Satyarthi. Fighting for the eradication of slavery, child labor and exploitation has been his main activity since 1980. His deeply-felt convictions have driven the Indian child rights advocate over the past three decades in his quest to end these practices. The Nobel Committee recognized his tireless efforts in 2014.

Education is the key to human liberation, sustainable economic growth, gender and social justice, as well as peace. Denial of education is violence, and hence an obstacle in building peace.

No-one can deny the benefits of education to an individual human life, families, nations and the world at large. A single year of primary school increases earnings later in life by 5-15% for boys and even more for girls. No country has ever achieved continuous and rapid economic growth without first having at least 40% of its adults able to read and write. A child born to a literate mother is 50% more likely to survive past the age of five years.

Recognizing the importance of education, governments and civil society have made tireless efforts to promote access to free, good quality education for children and education for all (EFA), thus reducing the current number of out-of-school children to 58 million. These 58 million children represent undeniably the hardest to reach category of children who remain at a high risk of exclusion. This includes children affected by conflict, HIV/AIDS or disability, with girls particularly vulnerable to continued educational disadvantages. Children engaged in child labor or slavery, as well as those trafficked represent a significant subset of the hardest to reach children. Intersections | Winter 2015 Column | 7

Child labor and slavery pose a substantial of education and poverty alleviation. “A child born to impediment to achieving EFA. Children Focusing on these hard-to-reach children cannot attend school while they continue is a priority and matter of urgency. a literate mother to work. Even when some children attend school and combine it with work, many This will require innovative and bold is 50% more learn very little and drop out early, leading steps, as well as new and strengthened to an intergenerational cycle of poverty at partnerships between and among likely to survive the household level. governments, civil society, businesses and others. Lastly, what is most needed past the age of Recent statistics illustrate a slower is genuine and reinvigorated political pace of reduction in child labor, will with a sense of urgency and five years.” which is unacceptable, especially for ownership in the spirit of ensuring the interlinked development goals justice to all children. 8 | Interview The Hague Institute for Global Justice

Interview Dr. Lloyd Axworthy

Dr. Lloyd Axworthy is one of Canada’s most noted statesmen, having done much, during his tenure as Foreign Minister from 1996 to 2000, to lead global efforts to prevent conflicts and protect civilians. He was instrumental in the passage of the Ottawa Treaty which banned land mines, as well as in the development of the ‘Responsibility to Protect’ doctrine, which formed part of an ‘alternative framework’ for security in the post-Cold War era, one focused on people, not just on states.

Here, he discusses his tenure and efforts, as well as his involvement as Commis- sioner in the Global Commission on Security, Justice & Governance, a Commission supported by The Hague Institute and The Stimson Center in Washington, D.C.

In your time as Foreign Minister, Canada’s and the structuring of joint action on initiatives based on people foreign policy was known for its interna- protection such as the land mine treaty, the establishment of tionalism, with ‘human security’ at its heart. the International Criminal Court, and the adoption of a child How relevant is that approach today? soldiers’ protocol.

For Canada, the 1990s made clear the acute need for an alternative security framework that went beyond Realpolitik and put the focus on ‘human security’. To do so, we drew on a path- “Risks were becoming global breaking UNDP report from 1994, which addressed the threats of in nature, beyond the capacity violence and conflict, as well as other, social and economic, risks to people’s security. This was the time of Srebrenica and Rwanda, of many states to respond.” where rules of sovereignty restricted protection or intervention. It was also an era when the emergence of civil society drew attention to risks such as land mines, internal conflicts in Kosovo marked the real turning point. It saw an international countries which either didn’t have the will or resources to coalition of countries use military means to stop a human respond or were governed by predator leaders, and suffered from security transgression, showing that the tenets of sovereignty large scale human rights abuses. And it was clear that risks were could be altered to respond to international crimes. However, our becoming global in nature, beyond the capacity of many states Ministry saw the need to go beyond ad hoc responses, and it was to respond, and exacerbated by weaknesses in international for that reason that we established the International Commission institutions unable to cope with the confluence of global issues. on Intervention and State Sovereignty (with the support of UN Secretary-General, Kofi Annan), which eventually led to the This gave rise to a diplomacy based on partnerships with a core development of the Responsibility to Protect (R2P) norm, a new group of other governments and like-minded NGOs (whose framework for dealing with security issues adopted by world shared vision was encapsulated in the 1998 Lysøen Declaration) leaders in 2005. Intersections | Winter 2015 Interview | 9

Shaping Canada’s Foreign Policy

Dr. Lloyd Norman Axworthy, PC OC OM served as Canada’s Minister of Foreign Affairs from 1996 to 2000. His multifaceted approach towards peace and human security, dubbed the Axworthy Doctrine, was a driving force in achieving the Ottawa Treaty banning the use of landmines. Campaigns against the use of child soldiers and the global trade in light weapons, could count on his support.

After leaving parliament, Axworthy became president and vice- chancellor of the University of Winnipeg from 2004 to 2014 and chancellor of St. Paul’s University College. In November 2014, he joined the Commission for Global Security, Justice & Governance.

The relevance of human security is tied up with the future of governance makes a mockery of the concept of sovereignty, R2P as the basis for international action to protect people and putting even more pressure on international systems which undertake sufficient preventative actions before they result in themselves are muddling through. And, with the growing crisis. The capacity to respond effectively becomes even more impact of climate change in virtually every part of the world, relevant as global risks increase in number and intensity. and a corresponding failure to deal with it, failing states will be become wards of an international system that was What would you say are the main conceived after the last world war, and unable to react to challenges on the international stage, the interactivity of the threats other than reactively. In other both for governments and for individuals, words, the present paradigm doesn’t work. concerning fragile states? How relevant are traditional actors The main challenge is the increasing inability of governance like governments and NGOs today in arrangements at both the state and international level to determining and defining foreign policy cope with the multitude of contemporary global threats. and security issues? Think of the current inadequate response to Ebola, ISIS, refugees, growing inequality, food security; the list is a long First, let’s add to the list global corporations, foundations, one. Three heads of UN agencies - WHO, WFP, UNHCR international institutions, and economic global associations. - have expressed the incapacity of their organizations to In other words, we are not so much in a multi-polar world cope with the burgeoning issues, citing a lack of money, as in a multi-centered system, highly fragmented and non- mandate and support. consensual. Add to this the increasing interdependence of events and developments. There are real “borderless” At the national level, failed states are basically states in challenges to human security, such as pandemics, natural conflict incapable of protecting their own people, where disasters and climate change. Such risks are integrated and corruption is the prevailing standard. The deficit of interactive. Tackling them one by one and relying on ad hoc 10 | Interview The Hague Institute for Global Justice

coalitions, mega conferences and unilateral initiatives, is link the players together, and through linked connections ineffective. We need to seize the opportunity to discover find ways of working in concert. integrated, innovative and cooperative solutions to these global threats that require a security framework tailored for You have recently joined the Commission on this century. Global Security, Justice & Governance. What do you think this commission can achieve that A number of factors are needed for such a framework—the cannot be achieved by an individual Foreign political buy-in. I’ll mention a global public that understands Minister? and supports integrated international efforts, and has the ability to see global issues as interrelated. It also requires a To my mind, the lesson of the International Commission on consensus on the need to revise notions of sovereignty that State Sovereignty (discussed above) is that to become an inno- incorporate the test of protection. vative agency for change, effective political support is needed, which requires careful recruitment of allies and supporters, and R2P is not one side of a two-sided debate, but it offers consistent, coherent messaging. In other words, what is needed a third alternative, which maintains the essential role is a strategy for building support and consensus among the inter- of nation states but with commitments to a resetting of national community. I see this potential for the Commission on sovereignty rules and the application of human security Global Security, Justice and Governance; first, the development criteria. Increasingly, the governance of global issues will of the ideas, and then the mobilization of support. This is a Com- have to evolve into a form of network governance that will mission whose time has come, and I’m glad to be a part of it. Intersections | Winter 2015 Convening Power | 11

Convening Power Making Reform Last Commission on Global Security, Justice & Governance

The Commission on Global Security, Justice & Governance, a flagship project undertaken jointly by The Hague Institute and The Stimson Center, was launched on 21 November 2014 in Washington, D.C.

Co-chaired by former U.S. Secretary of State Madeleine Albright and former Nigerian Foreign Minister Professor Ibrahim Gambari, the Commission produced two key messages from its inaugural meeting. First, global institutions are in urgent need of reform, particularly if they are to harness the resources and political support not just of states but a diverse range of non-state actors, from business to civil society. The second message reiterated that it is critical for the Commission to mobilize and sustain support for its recommendations and the principles underpinning them over several years. Minister Lloyd Axworthy, amongst more than 30 other participants, to explore the theme of Fragile States and the In developing its set of far-reaching reform proposals to be Fault-Lines of Global Security and Justice. presented before the UN’s 70th anniversary commemoration in September 2015, several high-level consultations are being This consultation will serve a dual purpose. It intends to undertaken on the project’s core themes. These include a sensitize a high-level audience to the existence and work consultation in the wake of the 2014 India Conference on of the Commission, as well as to seek feedback on the Cyber Security and Cyber Governance in New Delhi, which Commission’s agenda and initial policy ideas which will featured Commissioner Jane Holl Lute, President and CEO influence the final report. Key issues to be discussed include of the Council on Cyber Security and former U.S. Deputy the norms of prevention in regard to the operationalization of Secretary of Homeland Security, as the key speaker, and a R2P, the next generation of peace operations and the future of side event at the Lima Climate Change Conference, chaired the UN Peacebuilding architecture. by Commissioner Erna Witoelar, founder of the Indonesian Environmental Forum and former Minister of Human Settlements and Regional Development. The Commission on Global Security, Justice & Governance was launched on 21 November 2014. For more information about the The next high-level consultation will take place on Friday, Commission’s ongoing work and to receive regular updates, visit 6 February at the Munich Security Conference. The Hague GlobalSecurityJusticeGovernance.org and sign up with your Institute and The Stimson Center will convene Sec. Madeleine e-mail address at the bottom of the website. Follow the Commis- Albright, Dr. Ibrahim Gambari, and former Canadian Foreign sion on Twitter @BetterGlobalGov. 12 | Current Work The Hague Institute for Global Justice

Current Work The three focus areas of The Hague Institute’s program of work are Conflict Prevention, Rule of Law and Global Governance. Intersections | Winter 2015 Current Work | 13

Conflict Prevention Education to End Violent Water Conflicts in Yemen

Yemen is one of the poorest countries in the Arab region and is faced with political instability. As Yemenis are amongst those populations with the lowest water availability per capita in the world, an acute water crisis looms over the country. The scarcity of this resource is an immediate threat to stability and human security. According to unofficial estimates, 2,500 Yemenis die as a result of water-related conflicts.

To tackle the root of this problem, The Hague Institute published the report The political economy of water conflicts in Yemen at a high level Roundtable in the capital Sana’a, in November 2014. Commissioned by the Dutch Embassy in the country, this publication was presented to a group of high- level representatives from several Ministries, international donors and other stakeholders.

Despite research and aid work in Yemen in recent years, significant knowledge gaps remain, especially concerning the use of national and local rules and procedures for solving resource-related conflicts. To fill these gaps, the team analyzed how water conflicts arise in specific cases. They also studied which formal and traditional dispute resolution mechanisms stakeholders resort to, including the effectiveness of current practices, formal, and traditional rules.

The Dutch representation in Yemen will follow-up on the policy relevant recommendations for the prevention and resolution of water-related conflicts. As knowledge, or the lack thereof, has an obvious role in the emergence and resolution of conflict, one key recommendation is to increase the knowledge exchange with the general public. 14 | Current Work The Hague Institute for Global Justice

By using mobile phones to document traditional water usage rules and conflict settlements, and by monitoring the “Concern for international implementation of court decisions, transparency should create order must include a concern the credibility needed for sustainable results. It also raises awareness of the relationship between water scarcity and for justice, and vice versa.” conflict and the possibilities for conflict settlement.

Another key recommendation covers developing mobile Dr Williams further remarked that: “Our collective challenge water courts to bridge the gap between formal and traditional is to build a new order which guards against conflict, but in conflict resolution mechanisms. These courts will bring legal so doing puts the security of the world’s peoples – and not solutions to isolated areas, thus providing education about just the states in which they live – front and center.” appropriate law in specific conflict settings. It will also provide expert advice to resolve conflicts outside of court, such as Previous Marchant Lecturers include Gunter Pauli, Pankaj mediation, which might de-escalate potential violent conflicts. Ghemawat, Philipp Blom and Susan Neiman. Dutch MEP Marietje Schaake delivered the response to the lecture To learn more about the Institute’s work on Yemen, visit: by Dr. Williams. TheHagueInstitute.org/yemen

President’s Office Global Governance Marchant Lecture Global Governance

On 13 November, 2014, Dr. Abiodun Williams, President of Reform Initiative The Hague Institute for Global Justice, delivered the 2014 Marchant Lecture at De Rode Hoed in Amsterdam. In this The Global Governance Reform Initiative (GGRI) seeks to overcome lecture, organized by the Hans van Mierlo Foundation, and challenges in the global governance of key domains, such titled “Order with Justice: The Challenge for the World”, as cyberspace and oceans, through policy-relevant research Dr. Williams noted that international order is not possible involving a range of relevant stakeholders. The GGRI is a without justice. It is equally true that, without order, justice collaboration between The Hague Institute, the Netherlands will never be secure. Ministry of Foreign Affairs and the Observer Research Foundation (based in New Delhi). The project currently focuses on cyberspace Dr. Williams elaborated on that topic in the context of the and brings together sixteen experts from thirteen countries to developments of the past years in which the international address critical governance challenges in this domain. order has come under severe strain, from both states and non-state actors. The relationship between order and justice Because of the focused efforts of international experts and is clear, said Dr. Williams, and it is real, not “merely the the Institute’s research staff, the project has contributed and elusive concepts of the rhetorician, coupled together as any will contribute to global debates and policy initiatives on two abstract nouns might be. It seems to me that order and cyber governance at fora such as the India Conference on Cyber justice are indeed linked together. In the kind of societies Security and Cyber Governance (New Delhi, October 2014), the we wish to see flourish, and in a world at peace, giving all Global Cyberspace Cooperation Summit V (Berlin, December its peoples the chance of a decent life, order and justice 2014), and the Global Conference on Cyberspace (The Hague, would be two sides of the same coin. In short, a concern for April 2015). GGRI expert papers addressing the challenges of international order must include a concern for justice, and cyber governance are forthcoming as special sections in select vice versa.” academic journals and will be available in 2015. Intersections | Winter 2015 Current Work | 15

Conflict Prevention states in the East African island of Zanzibar. A comparative assessment of previous case studies in SIDS marks the first Climate Adaptation step and will provide the background on governance and disaster risk reduction. The second phase consists of action in Vulnerable Small research and a participatory planning process in Zanzibar. The observations and conclusions reached at this point Island States: Zanzibar will feed into the development of a consensus-based and conflict-sensitive action plan outlining the design of physical Climate adaptation is of vital importance not only to a country’s interventions and the necessary governance arrangements financial stability, but to human security and conflict prevention. to implement them. This marks the third stage, namely, the Vulnerable, low-lying coastal countries, particularly Small Island successful tailoring of the project results supported by strong Developing States (SIDS) devote a large percentage of their Gross scientific evidence to the local context. Domestic Product (GDP) to climate-sensitive areas such as agriculture and livestock, fisheries, natural protection and tourism. By focusing on developing effective participatory governance This renders the economies of such countries highly susceptible arrangements, the initiative will contribute to sustainable to the negative effects of climate change and necessitates the economic development, climate change adaptation and development of a contextual, yet replicable plan of action. disaster risk reduction. The central tenet of the planning process in Zanzibar is to build adaptive capacity at multiple In January 2015, The Hague Institute launched a three-stage levels and to ensure social justice and human security in pilot project on climate adaptation in vulnerable small island local environmental action.

“Climate change may exacerbate existing vulnerabilities and inequalities.” 16 | Conflict Prevention The Hague Institute for Global Justice

Education in Fragile and Conflict- affected States

Education is vital in responding to unrest in fragile and conflict-affected states (FCAS), especially for the more than one billion children living in countries devastated by violence. Since 2009, more than 30 states have experienced a pattern of targeted attacks on schools, teachers and students. At the same time, some state and non-state groups can use education to exacerbate conflict and foster deep societal divisions. Intersections | Winter 2015 Conflict Prevention | 17

Despite the challenges, there is a growing mitigating the impact of armed conflict may become a consensus at all levels that schools should be milestone. Certainly, the awarding of the 2014 Nobel a safe place for children and their community. Peace Prize to Kailash Satyarthi and Malala Yousafzay There is also strong evidence to demonstrate for their struggle against the suppression of children that ‘the school’ has a transformative potential and young people and for the right of all children to in peacebuilding and state building and can be a education has raised awareness at all levels. catalyst, more specifically as a zone of stability and non-violence and/or disaster risk reduction and resilience. In the search for lasting peace, “Schools should be a practitioners and researchers increasingly recognize that education can help create a safe place for children culture of peace and mutual respect. and their community.” It is important to think about ‘education’ in its broadest sense, and its potential as a response In contributing to this field, the Conflict Prevention to violent conflict and fragility. Primary-level Program at The Hague Institute for Global Justice education as a basic human right forms a priority has launched a 30-month research project on the for donors and agencies, but greater attention is role of education in the prevention and mitigation also needed at the secondary and higher levels of violent conflict. The policy-oriented study alongside non-formal education and vocational will assess and measure how formal and non- training for youth in order to address some of the formal education can mitigate and prevent violent root causes of conflict and fragility. As the Italian conflict in FCAS. It will consider the application of educator and physician, Maria Montessori, wrote international, national and local initiatives, from in 1949, “[e]stablishing lasting peace is the work the use of education in emergencies to the longer- of education; all politics can do is keep us out term promotion of respect for diversity and mutual of war.” understanding against intolerance as well as racial, linguistic and religious-based discrimination. To Despite the demands for strengthened education this end, the project will map the different ways in FCAS and the evidence that it can create education can prevent and mitigate violence and stability and help build peace, the international explore the interrelationships between violent donor community has yet to provide adequate conflict and other forms of crises, and identify funding. Save the Children (2009) noted that the implications for prevention. FCAS only receive a quarter of their basic education aid, despite the fact that they are Building on a workshop and a keynote address home to as many as half of the world’s out-of- by the OSCE High Commissioner on National school children and account for more than half Minorities on 1 October 2014, the research will of the financial gap. There is also significant strengthen the convening role of The Hague disparity in funding, with geopolitical interests Institute by involving a unique partnership of trumping needs on the ground. international donors, agencies and researchers. It will address critically the design and formulation International attention, greater advocacy, of international policy and engage with the consensus among donors involved with FCAS, all implementation of strategic programs and projects increased following the appointment of former down to the school level in a selection of country UK Prime Minister, Mr. Gordon Brown, as the studies. Working at the intersection of peace, UN Special Envoy for Global Education. The security and justice, the project will adopt a recent draft Lucens Guidelines for improving the problem-based interdisciplinary approach and it basic protection of schools and universities and will aim to bolster the role of evidence in this field. 18 | Communications The Hague Institute for Global Justice

Media in Fragile States

A free flow of reliable information can increase trust in society and authorities by creating a functional accountability mechanism. Unfortunately, fragile states often lack those sources of decent information. Instead, people rely on rumors; perceptions and hunches are seen as the truth. This can have terrible effects, for instance when the radio station Mille Collines fuelled hatred and violence during the Rwandan genocide.

In fragile states, media perceptions and the acceptance of events by television and radio stations showed the power of information play a crucial role in creating stability and justice. electronic media to frame ‘the enemy’ and exacerbate conflict. A 2013 BBC Media Action study concluded that the media can define common identities in societies that are often religiously or The BBC Media Action study argued that free press is a crucial ethnically fractured. factor in creating accountability mechanisms and generating trust in society. It recommended to support media outlets, advance journalistic skills and nurture conditions to create a “Television is often the sole free and independent press corps.

source of information, and The case of Afghanistan shows how media can develop slowly but steadily and take into account the limits of a fragile state thus vital to frame ‘the enemy’.” with a troubled history. The country broadcasts almost 200 radio stations reaching areas with limited print media. Additionally, Newspapers are important to create a diverse press. But in the more than 80 television channels provide vital information to a past two decades, radio and television have increasingly become population with a literacy rate under 30%. Afghanistan has also the sole source of information, especially for those who cannot made considerable but incomplete progress on press freedom. read or have no access to printed media. During the crisis in the In rankings published by Reporters without Borders, former Yugoslavia and in Rwanda, the inciting coverage of news Afghanistan rose 22 spots to 128th of 189 countries. Intersections | Winter 2015 Knowledge Platform | 19

Exploring the Knowledge Frontier The Knowledge Platform’s Thematic Events in 2014 The Knowledge Platform, an initiative of the Dutch Ministry of Foreign Affairs that is jointly supported by Clingendael’s Conflict Research Unit and The Hague Institute for Global Justice, is an international network of experts focused on security and rule of law issues in fragile and conflict affected countries. The Platform’s thematic events in 2014 laid the foundation for a strong network agenda for 2015 on how international policies and practices in fragile environments can be designed and executed more effectively.

Between December 2013 and March 2014, security. Participants observed that more consequences of the changing nature the Knowledge Platform (KP) established effective international action requires of conflict and the implications for three themes for further inquiry to guide more patience to see results emerge peacekeeping. The discussion recognized its agenda for 2014: (a) exploring the role that really matter, such as the fruits of peacekeeping operations should be more of politics in the provision of security and long-term dialogue and relation building. aware of the transnational surroundings rule of law; (b) setting international aims, The trend is still to focus on concrete they operate in, through dedicated ways of working and tools for action and and measurable results, which can waste intelligence and strategy units, and (c) identifying deeper drivers of insecurity valuable opportunities for change. expand their regional reach through and injustice. The Platform’s secretariat the introduction of roving envoys. organized four expert meetings to explore these headlines in greater detail by “More effective 2015 will mark another important gathering academics, policymakers and year for the Knowledge Platform. practitioners for open dialogue. international It will build on the themes of the events listed above and expand the The most recent event ‘All for the Few action requires network in these core areas of focus. and the Few for Themselves?’ more patience.” For more information and to stay (4 December 2014) discussed how elite current with all Platform activities, incentives influence the organization and visit www.kpsrl.org or follow on delivery of security and justice in fragile During the event ‘Big Cities as Sources Twitter @SRoLPlatform. environments. A key finding was that crisis of New Insecurities’ (13 November episodes and conflict legacies could limit 2014) experts on crime and urbanization self-interested behavior by elites and nudge explored the impact of insecurity and them towards more positive development segregation in urban areas. The group policies. suggested better urban planning that generates more equal social outcomes, The preceding expert workshop ‘Mea- which is vital to reduce urban insecurity, suring Security Progress: Politics, amongst other things. Challenges and Solutions’ (20 November 2014) was held in New The inaugural event in the series, York and examined the political and ‘Transnational Drivers of Local operational challenges of measuring Conflict’(1 July 2014), analyzed the 20 | Fact-finding and Accountability The Hague Institute for Global Justice

Rule of Law Fact-finding and Accountability Intersections | Winter 2015 Fact-finding and Accountability | 21

The inquiry into the downing of Malaysian Airlines flight MH17 on 17 July 2014 in the Donetsk region in Eastern Ukraine is a stark example of the complexities surrounding fact- finding. An international inquiry is difficult always, but this particular investigation faces additional challenges.

For example, the ongoing conflict has complicated the recovery of parts of the plane and access to other information that might prove to be relevant evidence. Moreover, there is pressure within the Netherlands and from abroad on the investigators to publicize findings soon, especially those that indicate which states, companies, individuals, non-state actors and others are most responsible for the crash.

The inquiry itself came about organically. After the crash, no United Nations Security Council-mandated commission of inquiry or other international investigation was initiated. Instead, the Dutch criminal prosecution took up the criminal investigation in the context of a Joint Investigation Team together with the other concerned countries.

“Fact-finding is always a necessary first step for whatever accountability mechanism.”

Ukraine, the territorial state with the primary mandate to conduct the inquiry, delegated the investigation of the cause of the crash to another, independent Dutch organ. The Dutch Safety Board launched its report of 9 September 2014 already offering interim conclusions that the plane was punctured by “high-energy objects”.

Though the Netherlands plays an important role in this MH17 inquiry, these Dutch organs are accompanied by ‘checks and balances’ and the real end to the investigations will follow in the subsequent national and international legal fora. Interestingly, however, even for such legal fora fact- finding usually does not get the same attention as the legal interpretation of established facts. 22 | Fact-finding and Accountability The Hague Institute for Global Justice

Therefore, shortly after the downing of the plane, The Hague “Lack of international Institute initiated a Track 1.5 dialogue with several fact-finders, experts in international law and politicians who are directly or supervision of the indirectly involved in the inquiry. Based in the Netherlands but with its global mandate, the Institute proved to be an important hub for inquiry still plagues the confidential exchange of information between these stakeholders. the investigators.” Important elements of that exchange were the investigation itself, the legal possibilities that would be open for the continuance of the investigations and initial ideas about the management of expectations of the next of kin and the general public.

Grounded in policy-relevant research on interoperability between fact-finding missions and international courts and tribunals, days after the crash researcher Jill Coster van Voorhout warned that this inquiry should be accompanied by international oversight. A lack of international oversight has continued to plague the investigators. Without oversight by a United Nations body, for example, both the inquiry and its findings continue to be vulnerable to claims of bias and a lack of independence. Such claims will most likely hinder future opportunities for effective accountability mechanisms.

As long as the official international inquiry into MH17 continues, The Hague Institute will carry on its assistance to all those involved. Moreover, the Institute will continue its policy-relevant research for international judicial and non-judicial accountability mechanisms that have to establish facts that remain standing on trial and under scrutiny by the general public. The focus continues to be on the interplay of judicial and non-judicial mechanisms involved in fact-finding. In this way, international courts and tribunals in The Hague can benefit from third-party fact-finding, including as by first responders who often have early access to the sites.

In 2015, fact-finding continues to be a priority for the Rule of Law Program’s three-year flagship project of Accountability and Civic Trust (ACT). ACT uses normative and empirical research to examine how accountability, an established principle of the international rule of law, correlates with civic trust, an essential condition for a global rule of law culture. Expected activities include the launch of a manual on fact-finding by monitoring, reporting and fact- finding missions with Harvard University’s Humanitarian Policy and Conflict Research (HCPR). Together with HCPR, the Institute will organize a side-event on evidence-based fact-finding for professionals from investigative missions and the international courts and tribunals. Ultimately, these efforts in the domain of fact-finding are intended to enhance both judicial and non-judicial mechanisms that aim to guarantee accountability for gross human rights violations. Intersections | Winter 2015 Convening Power | 23

Spotlight Addressing Europe’s Challenges

The Hague Institute’s mandate is global, with many of our projects focused on conflict risks and institution-building in developing countries. Yet whether in terms of transnational governance, fostering the international rule of law or – indeed – preventing deadly conflict, the Institute’s work is of relevance to our own neighborhood as well. For this reason, in 2014, we expanded our coverage of European issues, addressing EU Enlargement in the Western Balkans, the conflict in Ukraine, and Europe’s contribution to global justice.

A series of events formed part of a new ‘Balkan program’, 2014, was held against the backdrop of the recent European spearheaded by former Macedonian diplomat and our current parliamentary elections, and the appointment of a new college Distinguished Fellow, Ambassador Nikola Dimitrov. In of Commissioners. July, 2014, for example, we convened a panel of experts and diplomats to consider the topic ‘Finishing the Job in the Visits from representatives of the Ukrainian and Georgian Balkans’, which looked at the progress of political, economic governments to the Institute provided an opportunity for and judicial reform in the region. Another event, held in discussion of those countries’ developing relationship with December 2014, ‘Making a Difference: the European Union EU institutions. In fall 2014, the Speaker of the Georgian and the Rule of Law in the Western Balkans’, brought together Parliament discussed his country’s aspirations for Euro- senior Dutch and EU officials to consider the success of Atlantic integration, while the Ukrainian government outlined EU efforts to strengthen independent judiciaries, check its action plan for democratic and economic reform. corruption and combat organized crime. The knowledge exchanged through such events is fed back into our research Other work undertaken at the Institute has considered and advisory services, including a current project – funded by Europe’s place in the transatlantic sphere. To this end, we the Netherlands Ministry of Foreign Affairs – on the criminal collaborated with the U.S. Embassy in The Hague, the Dutch justice chain in six Balkan countries. Ministry of Foreign Affairs and Johns Hopkins University’s Center for Transatlantic Relations to hold a major conference The role of the EU on the wider global stage was the topic on the implications of the U.S. pivot to Asia, with an emphasis of conversation between two prominent Dutch MEPs, Judith – for The Hague Institute - on the implications for human Sargentini and Marietje Schaake (who writes elsewhere rights and the rule of law. in these pages). Moderated by Euronews presenter, Chris Burns, the parliamentarians urged a global perspective for the The Institute will continue to work on issues around EU EU institutions, noting the dangers inherent when Europe Enlargement and Europe’s role in the world, gearing its turns in on itself. This event, which took place in October research and convening role towards topical debates. 24 | Home to Experts The Hague Institute for Global Justice

Home to Experts

The Hague Institute for Global Justice is home to a select group of experts from around the world, who are involved in the Institute’s research programs and contribute to the debate on a wide range of global justice issues. This edition, Dr. Aaron Matta, Jill Coster van Voorhout and Tessa Alleblas introduce themselves. Intersections | Winter 2015 Home to Experts | 25

Senior Researcher Dr. Aaron Matta

Currently works on: Regional and International Rule of Law Promoters; Rule of Law as a Principle for EU’s External Action.

Academic Background: MA in Research, PhD in European, Comparative and International Law, European University Institute (EUI); MA in International Relations, Sussex University; LL.M in European Law, BA International Law, MGIMO University.

Prior Experience: T.M.C. Asser Instituut Office of the Prosecutor at the International Criminal Court, International Court of Justice, the European Commission; EU Delegation in Moscow.

How do you to promote the rule of law values in a globalized and languages. “Understanding people in their own language is increasingly inter-connected world? For rule of law principles a valuable asset to establishing trust, and trust is essential to and approaches to be effective “they should not be imposed promoting effective rule of law,” he says. on recipients by donor states or organizations,” says Senior Researcher Dr. Aaron Matta. In his view, rule of law promotion Dr. Matta believes that effective implementation of rule of law succeeds through example. This entails genuine efforts of and related concepts, such as human security, depends on ones persuading and coaching but also learning about local needs and understanding of local norms and values which are culturally conditions of the beneficiary countries and institutions. framed in each society, respectively. “The challenge is finding a balance between the international law efforts that are offered The son of a diplomat, Dr. Matta was born in Spain and has and the actual demand from the people and societies that are European, Latin American and Middle Eastern roots. He intended to benefit from these efforts. For me, it would be great describes himself as a ‘global citizen’ and is fluent in five and definitely worthwhile to contribute to achieving this goal.” 26 | Home to Experts The Hague Institute for Global Justice

Researcher Jill Coster van Voorhout

Current Work: Accountability and Civic Trust (ACT): Fact-Finding, Model Code and “Orphan” Crimes; Debriefing of Rule of Law Experts and The Hague Approach.

Academic Background: PhD (forthcoming), Criminal Law, Utrecht University/Wiarda fund scholarship Oxford University; LL.M, Legal Research Honors Program, cum laude, Utrecht University; LL.B’s in International and European Institutional Law and Inter- national Criminal Law, Utrecht University/ Nottingham University; B.Sc and M.Sc in Social Sciences, Utrecht University/ Universidad Autònoma de Barcelona.

Prior Experience: Willem Pompe Institute for Criminal Law, Utrecht University; Human Rights Law Center, Nottingham University; Criminal Law Department, Los Andes University; The Netherlands Red Cross; Criminal law firm Borsboom & Hamm; Utrecht District Court.

How can we foster a rule of law culture, not just within a coun- a book on human trafficking for labor exploitation, an edited try, but worldwide? How can adequate solutions be applied to book on criminal procedures and a handbook chapter on the victims of gross human rights violations? Researcher Jill Coster case law of the European Court of Human Rights. “I thoroughly van Voorhout argues that these “complex and increasingly enjoy my involvement in the Institute’s policy-relevant global challenges require an interdisciplinary response.” Her research,” she says, “particularly because of its tangible impact studies and experience in law, social sciences and forensic and the results yielded.” sciences enriches her perspective. One of her great interests is teaching. Coster van Voorhout has On the basis of both quantitative and qualitative methods, taught professionals and students from Africa, Europe and Coster van Voorhout approach combines normative and empiri- South America in the areas of international criminal law, the cal research. She’s proposes evidence-based findings, primarily rule of law and transitional justice. She has also participated in through field and desk studies. Her recent publications include a range of global justice dialogues and expert exchanges. Intersection | Winter 2015 Home to Experts | 27

Researcher Tessa Alleblas

Current Work: Peace-Justice Nexus; The Responsibility to Protect, Just War Theory, and the Prevention of Mass Atrocities.

Academic Background: LL.B and LL.M in International and European Public Law, focus Human Rights, Tilburg University; LL.M in International Criminal Law, University of Amsterdam.

Prior Experience: Karadzic defense team, International Criminal Tribunal for the former Yugoslavia; UNHCR Head Office, The Hague.

“Finding ways to advance the protection of human rights is “The Hague Institute allows me to collaborate with a diverse a central focus in my research and work,” says Tessa Alleblas, group of people who work to realize the same goals to achieve currently working under the Conflict Prevention Program. global justice.” Alleblas wants her research to contribute to policymakers and stakeholders at the international, regional Alleblas took a special interest in international law, and local level. human rights and international criminal law. Her thesis addressed the responsibility to protect in Darfur, Sudan Working on projects which address the peace justice nexus allows as well as the effectiveness of truth commissions in Alleblas to contribute to efforts on the international and local pursuing accountability. level and help communicate the importance of preventing mass atrocities and strengthening the protection of human rights. 28 | Snapshots The Hague Institute for Global Justice

Dialogues, Meetings and Events Snapshots

David Connolly, Head of the Conflict Prevention Program, in the field at On 29 September 2014, the Dutch Prime Minister Mark Rutte visited the the UN Mission in Iraq (UNAMI). Institute for his annual lunch with the Foreign Correspondents Association in the Netherlands.

The UN Special Adviser on the Responsibility to Protect to the UN Secretary Two renowned experts on conflict studies, Dr. William Zartman and Dr. General, Assistant Secretary-General Jennifer Welsh, gave a keynote ad- Cecilia Albin, discussed on 4 November 2014 the notion of justice as an dress on R2P on 23 October 2014 at The Hague Institute for Global Justice. important element of conflict negotiation processes.

On 20 November 2014, former Colombian Finance Minister, Professor The Report, Expert Initiative on Promoting Effectiveness at the José Antonio Ocampo presented a lecture on “Global Economic Govern- International Criminal Court, was launched on 2 December 2014, ance and its Importance for Security and Justice.” in partnership with the Embassy of Switzerland. Intersections | Winter 2015 Column | 29

Marietje Schaake MEP Education must be the Core of Foreign and Development Policy

If education is not an integral part of the efforts by governments, NGOs and international organizations, people in fragile states will continue to suffer the consequences. Dutch MEP Marietje Schaake makes her case.

In April 2014, the terrorist group Boko Education can prevent conflict and it is this. Many trade agreements and strategic Haram abducted 276 girls from a a crucial part of rebuilding fragile states partnerships the EU has contain human secondary school in the Borno State and reconciliation. In 2012, the EU turned rights conditionality clauses which can province of Nigeria. Boko Haram its Nobel Peace Prize into the Children be enforced. Political will and courage is condemns education if not strictly for Peace initiative, which has launched a required to do that. religious. Shock and outrage spread number of projects for children in conflict globally and several international efforts areas. In 2014 Malala won the Sakharov The EU should also call for international were mounted to ‘bring back our girls’, Prize, because of her courage to fight for investigations into attacks on children including military involvement by the US girls’ education. But a broader approach and schools, to show that they do not go and the UK. is necessary. unnoticed and remain on our agenda. A coherent evaluation of the development It is good that this act of terrorism led to The second of the eight Millennium and other funds we spend is crucial to international condemnation. However, it Development Goals was universal primary make sure that our policy achieves the is but one example of the many cases in education. Enrolment in developing goals we set. We could also look for ways which children and their education are regions has reached 90 per cent and gender to strengthen international agreements put at risk and many do not reach the gaps are narrowing. Now that we have to more concretely protect educational international spotlight. A recent report by shown that we can make a difference, we institutions in areas of conflict, for example the Global Coalition to Protect Education need to keep pushing for ambitious targets through the creation of safe zones. from Attack documents attacks on schools, in the post-2015 Development Agenda. universities, teachers and academics in Education is the basis for social, economic Education lays the basis for peace, over 70 countries over the last 5 years. It and political development. prosperity and a free and democratic shows that children and education do not society. It must be a core part of any and all only suffer indirectly from conflict and state The EU must act as a guarantor of foreign and development policy. fragility but are also actively targeted. children’s rights and to hold others to the commitments they have taken in The European Union needs to take up international agreements on human rights, Marietje Schaake MEP is member of the education as one of the key aspects in including the right to education. We must Committee on Foreign Affairs of the European its foreign and development policies. use diplomatic and economic means to do Parliament. 30 | Upcoming Events and Recent Publications The Hague Institute for Global Justice

Upcoming Events

March April June HRH Prince El Hassan bin Official side-event to the Presentation Report of Com- Talal of Jordan 2015 Global Conference on mission on Global Security, In the on-going Distinguished Speaker Cyberspace Justice & Governance Series, on 5 March, HRH Prince El On 15 April, the Institute will organize The Hague will be the venue of the pre- Hassan bin Talal of Jordan will deliver an official side-event of the 2015Global sentation of the report and recommenda- a lecture on water, climate change and Conference on Cyberspace (GCCS), which tions of the Commission, of Co-Chairs conflict. is hosted by the Netherlands and will Secretary Madeleine Albright and former take place in The Hague from 16-17 Nigerian Foreign Minister Dr. Ibrahim Lord Mark Malloch-Brown April. This side-event builds on the Gambari. Date to be confirmed. As the second installment this year in Institute’s recent work on cyber gov- the Distinguished Speaker Series, ernance in the context of two projects: International Decision- former UN Deputy Secretary General The Global Governance Reform Initia- Making and the Srebrenica Lord Mark Malloch-Brown will, on tive and the Commission on Global Massacre 23 March, deliver a speech on Security, Justice & Governance. From 28 June – 1 July, The Hague Insti- “Threatened States in a Challenged tute and the National Holocaust Memorial Global Order”. Museum will a host three-day conference on the decision making processes prior to the Srebrenica Massacre in July 1995. Recent Publications

Policy Brief 14: Global Nuclear This working paper aims to contribute to Judgments: Implications for Security: The Role of Uncer- the R2P debate by addressing the potential International Criminal Justice tainty, Disputed Values and role of the private sector in supporting the Mechanisms by Sash Jayawardane Non-state Actors by Rens de responsibility of states to ‘prevent, react and Charlotte Divin | Sep. 2014 Man | Jan. 2015 and rebuild’ in contexts of mass atrocities. This paper provides an overview of This policy brief discusses the uncertain- important policy issues arising from ties associated with the use of nuclear From Isolation to Interopera- controversial appeals judgments in the material for energy production, but at- bility: The Interaction of MRF Gotovina, Periši and Šainovićcases at tempts to move beyond the mainstream Missions and ICCTs by Rob the International Criminal Tribunal definitions on nuclear terrorism and Grace and Jill Coster van Voorhout for the Former Yugoslavia. Its nuclear safety issues. | Dec. 2014 recommendations are directed at This working paper discusses oppor- policymakers, scholars and practitioners, Working Paper 5: The Res- tunities and challenges for achieving and seek to strengthen international ponsibility to Protect and a greater degree of interoperability criminal justice mechanisms by the Private Sector: Making between international judicial and non- enhancing the quality of international the Business Case for Private judicial accountability efforts. judges, judgments and judicial Sector Involvement in Mass processes, as well as by improving the Atrocity Prevention by Tessa Policy Brief 13: The Gotovina, image of international criminal justice Alleblas | Jan. 2015 Perisic and Sainovic Appeal institutions.

For a complete list of events and publications, please visit: TheHagueInstitute.org Intersections | Winter 2015 About The Hague Institute | 31

About

The Hague Institute Advisory Council

The Hague Institute for Global Justice is Comprised of authorities from the world of Dr. Marwan Muasher an independent, nonpartisan organization international relations, the Advisory Council of Vice President for Studies at the Carnegie Endowment for established to conduct interdisciplinary policy- The Hague Institute for Global Justice acts as a International Peace and former Minister of Foreign Affairs relevant research, develop practitioner tools, and strategic sounding board for the President of and former Deputy Prime Minister of Jordan convene experts, practitioners and policymakers the Institute. to facilitate knowledge sharing. Through this Dr. Shashi Tharoor work the Institute aims to contribute to, and Dr. Madeleine K. Albright (Chair) Former Minister of State for Human Resource further strengthen, the global framework for Chair of Albright Stonebridge Group and former Secretary Development for India, Member of Parliament, preventing and resolving conflict and promoting of State of the United States of America and former Under-Secretary-General for Communications international peace. and Public Information at the United Nations Mayor Jozias van Aartsen Mayor of the Municipality of The Hague and former H.E. Judge Abdulqawi A. Yusuf Minister of Foreign Affairs of The Netherlands Judge at the International Court of Justice

Professor Igor S. Ivanov Professor at Moscow State Institute for International Relations and former Minister of Foreign Affairs of Russia

Intersections is a bi-annual magazine by The Hague Institute for Global Justice. For inquiries, please email: [email protected].

Photography: UN Photo/Shehzad Noorani (Cover), Steven Scholten (p. 3), Nobel Peace Center/Johannes Granseth (p. 7), Dan Harper/University of Waterloo (p. 9), Hasan Aloul/Hague Institute (p. 10-11), Wikicommons/Rod Waddington (p. 12-13), UN Photo/ Milton Grant (p. 15), UN Photo/Evan Schneider (p. 16), ISAF/U.S. Navy Petty Officer 2nd Class Aramis X. Ramirez (p. 18), Dutch Ministry of Defense (p. 20), Jeroen Akkerman/RTL4 (p. 22), Hasan Aloul/Hague Institute (p. 23, 25-27), Hague Institute Photos (p. 28), Bram Belloni (p. 29).

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