The MICC World Times
Transcription
The MICC World Times
M O D E L I N T E R N AT I O N A L C R I M I N A L C O U R T K R Z Y Z O WA , P O L A N D 2 2 . 0 5 - 2 7 . 0 5 . 2 0 1 6 . THE MICC WORLD TIMES The shift in perception OVERVIEW Through the week of trials in Krzyzowa The MICC Court convicts two war criminals Malala makes an impact PHOTO NEWS - Press conference uncovers attempts to corrupt judges Meeting of cultures The World is online M O D E L I N T E R N AT I O N A L C R I M I N A L C O U R T K R Z Y Z O WA , P O L A N D 2 2 . 0 5 - 2 7 . 0 5 . 2 0 1 6 . M O D E L I N T E R N AT I O N A L C R I M I N A L C O U R T K R Z Y Z O WA , P O L A N D 2 2 . 0 5 - 2 7 . 0 5 . 2 0 1 6 . THE MICC WORLD TIMES THE MICC WORLD TIMES the situation”, said member of the prosecution Taskin Ahmed. However, the defence member Rodrigo Besteiro explained: “I don´t think there were any controversial arguments, it was just a misunderstanding. We never said that”. Flick keeps the profits and walks free Author: Sofia Tavares F riedrich Flick was found not guilty by the MICC Court, on Wednesday at 5 p.m. The audience at the Court was surprised by the verdict, since the peruasive public opinion is that Flick deserves to be convicted. “It was hard. We read everything very carefully in the short time that we had. Then, we started to discuss what were the strongest points and the weakest points of both team’s arguments and we came to this conclusion”, said the member of the panel of judges, Aylén Rubinstein. In the verdict, the judges concluded that the crime of enslavement took place in Mr. Flick’s factories. Whether the accused was aware of what was happening in the factories or not, the judges found that the prosecution’s arguments proved beyond reasonable doubt that the accused knew about the enslavement. However, the defense persuaded the judges that the responsibility lay with Mr. Flick may have had no control over his factories, but the defense was definitely in full control over this trial, since he was able to keep the profits from the enslavement of the workforce that everyone at the Court agrees took place. //////////////////////////////////// The prosecution tried to prove that Georges Ruggiu is guilty of incitement to commit genocide, based on Article 6 (a) and (b) and the article 25(3) (e) of the Rome Statute. Members of the prosecution asked the MICC Court for a punishment of 20 years of imprisonment. The prosecution stayed confident after the trial that the judges will convict Ruggiu as stated by the member of the prosecution Nang Lao Wannsi after the trial: “The defense team arguments are good and they are strong. In my opinion, this case is really genocide but they are saying that this is just political violence that he committed because he didn’t know that it was genocide. This is the main difference between the prosecutors and the defense”. The defense team pleaded not guilty, but offered an alternative sentence of no more than 10 years of imprisonment if Ruggiu is convicted . This statement shows that the defense team saw this as a hard case to win, that it would be hard to prove that he was Ruggiu is back on air the Nazi government and not with Mr. Flick, proving that he was not the one in effective control of his factories. Friedrich Flick was accused of having committed enslavement as a crime against humanity pursuant to Article 7(1) (c) and Article 28(b) of the Rome Statute. Prosecution asked for a sentence of 17 years in prison and demanded the forfeiture of his property ac- quired between 1940 and 1945, and a fine of 100 million Euros. During the trial the prosecution and the defence team put a lot of emphasis on whether Flick was aware of the situation in his factory. “I believe that my arguments were reasonable. The prosecution had previously researched the situation and believes it is unlikely that Flick was completely unaware of A different kind of example Author: Sofia Tavares Countess Freya von Moltke and her husband Count Helmuth James Graf von Moltke were the original owners of Krzyzowa estate, where we were staying at during the MICC project. They were members of the Kreisau Circle, an anti-Nazi resistant group that operated during World War II. This group gathered around a common goal to put an end to the atrocities committed by Hitler and his supporters. All members of the Kreisau Circle believed that they needed to plan ahead for Germany’s future once Hitler is removed from power and the Nazi Party is destroyed. Members of the group worked to inform the Western Allies, especially the United Kingdom, about political conditions within the Third Reich. The Circle’s main focus was to plan and propose a peacetime government for Germany. Majority of the members envisioned post-Hitler Germany as a federal state with a weak central government based on small self-governing communities, so as to avoid a manipulation of the whole of society. The long meetings and discussions at Krzyzowa produced the idea of a German society based on Christian values, and some of the members wanted to restore the German monarchy in order to prevent another dictatorship. In 1945, the Nazi government executed Helmuth James Graf von Moltke for treason. After her husband died, Countess Freya von Moltke continued the work of the Kreisau Circle by transforming the former von Moltke estate in Krzyzowa into a place used to promote German-Polish and European mutual understanding. Poland and Germany invested 30 million DM in renovating the venue. It opened in 1998 as the Internationale Jugendbegegnungsstätte Kreisau (Kreisau International Youth Center). Freya von Moltke died in Norwich, Vermont, on 1st of January 2010, at the age of 98. 2 but there were some things missing”, said defense team member Ana Mangarida Neves. Authors: Ashton Coltman and Eaint Kabyar Latt G eorges Ruggiu was acquitted on the charge of incitement of Genocide the day before yesterday at the MICC court at 18:45 p.m. “I think that the prosecution team made some good points but there was a lot of repetition. Also, they were strictly following the case material and I noticed that they copied most of it in their arguments. This is not what they should do, they should think about what they read and they should write it themselves. But congratulations to all of them because they did a good job, Conversation with an expert on Rwanda Maid Konjhodžić Authors: Jana Gorjanec, Ashton Coltman and Eaint Kabyar Latt 1. Was the political system after the genocide effective? “I presume it has been effective. This is the standard process in terms of transitional justice; a lot of things need to be changed. In Rwanda constitutionally people are not allowed to be called Tutsi and Hutu anymore, they are just referred to as Rwandan now even though a lot of people still retain their ethnical presence, as they still feel like a part of a certain group but this is not spoken about in public. This question has raised a lot of traction internationally, so some scientists even tried to find genealogical similarities between the two ethnical groups in order to prove that they are not that different from each other.” 2. In your opinion, why do you think the international community waited so long to react to the genocide? “The international community unfortunately has a tendency to react slowly because of its nature, because a lot of coun 3 M O D E L I N T E R N AT I O N A L C R I M I N A L C O U R T K R Z Y Z O WA , P O L A N D 2 2 . 0 5 - 2 7 . 0 5 . 2 0 1 6 . M O D E L I N T E R N AT I O N A L C R I M I N A L C O U R T K R Z Y Z O WA , P O L A N D 2 2 . 0 5 - 2 7 . 0 5 . 2 0 1 6 . THE MICC WORLD TIMES THE MICC WORLD TIMES commission of the crime of genocide. He was sentenced to 15 years in prison and the forfeiture of all the earnings that the accused has generated through his songs. ‘’ If i had a chance to go over my arguments again I would take away the fact that we said he was aware of the fact that he had people following the airing of his songs ‘’, said the prosecutor Buka Gubevu. not guilty for inciting genocide. The defense argued that the accused was not aware of the possible ethnic nature of the conflict in Rwanda, whereas the prosecution tried to prove that the perpetrator was aware of the conflict in Rwanda, due to the fact that he had a close relationship with the Hutus before and after he had moved to Rwanda. The prosecution added that Ruggiu had also been living in the country for a long time and due to the fact that he had daily visits and explorations to Kigali, where the genocide took place. However, Ruggiu was set free of all charges. The Judges concluded that Ruggiu was manipulated to believe that it was a political conflict and when made aware of the genocide he was threatened and pressured into continuing the radio broadcasts. The judges stated that the accused became aware that the genocide was planned only after some months he spent in the detention facilities in Rwanda. However, the judges admitted it was not an easy task to come to a consensus on the verdict. “Each judge at first disagreed and had several questions about the case, after a while we finally came to an agreement”, said the member of the panel of judges Opio Edwin Benjamin. //////////////////////////////////// Bikindi will be writing songs in prison Author: Jana Gorjanec S imon Bikindi was found guilty, yesterday at 17:00h at the MICC Court in Krzyzowa.Bikindi was accused of having aided, abetted and assisted to the commission or attempted The prosecution accused Simon Bikindi of aiding, abetting and otherwise assisting the crime of genocide, as stated in the Article 25(3)(c) of the Rome Statute. They asked the panel of judges to sentence him to 20 years of imprisonment and to forfeiture all earnings that the accused has generated through his songs. The defense pleaded not guilty stating that he could not be held responsible for these crimes since songs had been written 7 years before the massacre. The defense felt that they have proven Bikindi’s innocence, as stated by the member of defense team Victoria Aloowo, after the trial: “I believe what I said during the trial was enough, because I clearly pointed out the fact that Simon Bikindi didn’t send out any messages of war, because his songs are open for interpretation and the prosecution did not specify anywhere that Bikindi told the Hutus to go out and kill the Tutsis’’. ///////////////////////////////// tries have to agree on a certain solution or action in order for something to be done. However, because of different interests and problems individual countries have, sometimes this consensus is really hard to reach. Unfortunately, that means that societies struck by conflict tend to suffer because the help comes in very late.” 3. How was the conflict resolved? “The conflict ended with the invasion of the RPF forces, which represented the Tutsis in exile, who came from the northern part of the country into the capital city of Kigali. Once they reached the capital the genocide has ended. As a consequence there was a major exile of Hutus who have decided to escape to Burundi because they were afraid of the retaliation of the RPF and the Tutsi army. After the armed conflict stopped, the society underwent the process of transitional justice, with mixed results, but one of the conclusive results was the establishment of the ICTR – The International Criminal Tribunal for Rwanda which addressed the conflict that happened.” 4 Erdemovic is guilty Author: Johanne Balslev D razen Erdemovic was found guilty by the MICC Court of murdering between 10 and 100 Bosnian muslim men at the Srebrenica Massacre on the 16thof July in 1995, yesterday at 04:30 p.m. He was sentenced to six years in prison. The prosecution accused Erdemovic of committing crime against humanity by the article 7(1) (a) of the Rome Statute and asked for a sentence of 12 years in prison. “Erdemovic was already an experienced soldier at the time of the crime discussed. He had the gun and he pulled the trigger, instead of him protecting the civilians, which is a crime according to article 33 of the Rome Statute”, said the representative of the prosecutors Stevens Tumvshabe. The defense pleaded not guilty and were very pleased with their performance right after the trial, as stated by member of the defense team Jarah Fluxman: “Well, we proved that Erdemovic was under duress, presenting the three conditions for that, which is that there was an imminent threat, that he acted reasonably and that he did not intend to cause more harm than he could have avoided. He can’t be held guilty according to the Rome Statute”. //////////////////////////////////// System in Bosnia and Herzegovina today Conversation with a legal expert from Bosnia and Herzegovina Maida Omerćehajić Author: Johanne Balslev What does the system in Bosnia and Herzegovina do to secure a good relation between the three ethnic groups in the country? The constitution of Bosnia and Herzegovina is part of the Dayton Peace Agreement which ended the war in the country. There are also mechanisms in different levels of government to secure the political relations between the groups. For example, there is a mechanism for the protection of the “vital national interest”, which can be invoked by any of the three groups in order to protect their political interest. So this mechanism exists to prevent a conflict or even another war to start again? This mechanism is mainly being used in the process of making decisions and passing laws in different levels of government, so in a way the mechanism is there to ensure that a group can protect itself within the system and stop a law or a decision that is against the interests of the group. In your opinion, is the system optimal or could it be better? It has many challenges. Beside the three constituent groups of Bosniaks, Croats and Serbs, there are other groups in the country who are being discriminated and excluded, since the constitution does not recognize any minorities – anyone not belonging to one of the groups is considered as “the Others”. The country has a three-member Presidency, and only citizens that belong to these three groups can be elected. This means that minorities do not have the right to be elected as members of the Presidency, or representatives in the House of Peoples. I definitely think the system could be improved. 5 M O D E L I N T E R N AT I O N A L C R I M I N A L C O U R T K R Z Y Z O WA , P O L A N D 2 2 . 0 5 - 2 7 . 0 5 . 2 0 1 6 . M O D E L I N T E R N AT I O N A L C R I M I N A L C O U R T K R Z Y Z O WA , P O L A N D 2 2 . 0 5 - 2 7 . 0 5 . 2 0 1 6 . THE MICC WORLD TIMES THE MICC WORLD TIMES Lessons from Malala Author: Jana Gorjanec Genre: Documentary Director: Davis Guggenheim Stars: Malala Yousafzai, Ziauddin Yousafzai, Toor Pekai Yousafzai Released: 2015 (Germany) On the 25th of May, a small group of the MICC participants gathered in the Majowa room at 3 p.m, two days ago, to watch the screening of the film “He Named Me Malala”. The group got together for a relaxing but very inspirational viewing that followed a busy day of trials. Malala’s story is one of great courage showed by a girl who felt she had to make a difference. The plot of the movie looks at the events leading up to the Taliban’s attack on a Pakistani schoolgirl, Malala Yousafzai, who was one of the girls who continued to go to school despite the Taliban ban on female education. It also follows the aftermath of being shot by the Taliban, including her speech at the United Nations. The movie closely examines her relationship with her father who was her biggest support in the attempt to speak up against the unjust system imposed on girls in Pakistan. Malala was named after an Afghanistan girl who led the Afghanistan army into victory against the British. Many of her father’s characteristics can be seen in the way she holds herself, because he was a teacher, who encouraged his students to speak against bad customs and behaviors that are thought to be set in stone. Despite her being one of JUDGE COURT Poland – Sedzia Poland – Sad Argentina – Juez Argentina – Gorte Germany – Richter Germany –Gericht The Netherlands – Rechter The Netherlands – Recht Croatia – Sudac Croatia –Sud Uganda – Angelkop Uganda – Kot South Africa – Regter South Africa – Hof Myanmar – Tayartugyi Myanmar –Tayar Portugal – Juiz Portugal –Tribunal Bangladesh – Bicharok Bangladesh –Adalot Vietnam – Thân Phán Vietnam –PhiênItôa 6 the most influential girls, or I would rather say women in the world, we can still see her childlike spirit and curiosity. This is especially shown when she is watching the Minions movie, and the next second she is talking on the phone arranging an interview with a news organization. She did not want to be oppressed in any way, and she wanted the same thing for all the girls in the world. After being shot by the Taliban soldier, she fell into a coma, but even after waking up, she continued speaking up even more for the injustices occurring all around the world. The one thing that stuck with me the most was when she was asked whether she hates the Taliban. Her answer was no, because she believes with all her heart she wasn’t shot by a person, but rather by an ideology. I would like to conclude this article with my favorite quote from the movie that Malala shared with us: “It is better to live like a lion for 1 day, than to live like a slave for 100 years”. //////////////////////////////////// Impressions Authors: Jana Gorjanec and Johane Belslav During the evenings of the 23th and 24th of May, the MICC group gathered to talk about the war crimes in Syria with Mohamed Ab Yonus, and with Maja Nenadović to reflect on our experiences of conflict and thoughts on war in general. We asked our participants what were their impressions regarding the personal stories they heard during the talks with Maja and Mohamed. Bas van den Heuvel – The Netherlands ‘’ I have my own opinion about war and the people who have personal things with the war and that made me think about how hard it is for the people who are living in countries where war is going on.’’ Aleksandra Kochman– Poland ‘’Many of the participants survived a war and their parents were involved in a war, which my parents weren’t and it makes the war more realistic. War is not just a thing from the history books but it can happen to all of us. And I can see now that people who survived the war are just like everybody else, and participate in the same world as I do.’’ The MICC DictonarY Vanessa Ritte – Germany ‘’The talks about war were very sad, and I think we have to change something about it. Wars are still going on in so many countries around the world. Here at the MICC, I met a lot of people with different cultures and I think we have to do something about it together.’’ Tin Terlević – Croatia ‘’ Well I’m much more aware of the consequences of war, not only the soldiers are killed but a lot of civilians too. I see that people usually don’t consider the consequences and how it will affect the civilian population in a certain country affected by war.’’ Aweri Timothy Okooi - Uganda ‘’ I happened to learn a lot, because I learned it is really good to be a human rights activist. I have to stand for the people and express their views, especially express the voices of the displaced people.’’ 7 M O D E L I N T E R N AT I O N A L C R I M I N A L C O U R T K R Z Y Z O WA , P O L A N D 2 2 . 0 5 - 2 7 . 0 5 . 2 0 1 6 . M O D E L I N T E R N AT I O N A L C R I M I N A L C O U R T K R Z Y Z O WA , P O L A N D 2 2 . 0 5 - 2 7 . 0 5 . 2 0 1 6 . THE MICC WORLD TIMES THE MICC WORLD TIMES stripped of your freedoms and your home.’’ PHOTO NEWS The MICC Court Press Conference Milagre Lang – South Africa ‘’ It really brought to life the fact that war is something so recent and so present and not something we can just forget. Also, that war isn’t something that I just dealt with or that I saw, there was so many different variations of the war stories in the world and it was quite incredible to hear them.’’ Gum Ja La – Myanmar ‘’ Yes, at first I used to think the war is just going on in my country, and now I went through the experience abroad and I can see that even developed countries have problems and conflicts. For me this was a good opportunity to meet people from other continents and see that they don’t have the same problems as me but they still have some problems.’’ Ana Margarida Duarte Neves – Portugal ‘’ I think sometimes we have a very romanticized idea of what war and conflict is, because we don’t really know how it is to feel that kind of trapped feeling of being 8 Mashaekh Hassan – Bangladesh ‘’ Well, the things I heard by talking to Maja and Mohamed, it’s something I heard before, so it hadn’t changed my view on the world. I just got a conformation of what I already thought.’’ Dung Dang – Vietnam ‘’After hearing the talk with Maja and Mohamed, I realized that I’ve been very lucky to grow up in an environment that was safe. Also, I think it’s really terrible that some countries are still at war and something should be done about that.’’ Sol Ailen Oddone - Argentina ‘’ For me it is very different to study a war in school than to listen to the stories about war from your friends and family because it affects you in an emotional way. You see the world as more cruel. However, if you just study it than it is just too theoretical.’’ 9 M O D E L I N T E R N AT I O N A L C R I M I N A L C O U R T K R Z Y Z O WA , P O L A N D 2 2 . 0 5 - 2 7 . 0 5 . 2 0 1 6 . M O D E L I N T E R N AT I O N A L C R I M I N A L C O U R T K R Z Y Z O WA , P O L A N D 2 2 . 0 5 - 2 7 . 0 5 . 2 0 1 6 . THE MICC WORLD TIMES THE MICC WORLD TIMES The MICC World is online HIGHLIGHTS See you @MICC World 2016 Eiant Kabyar Latt Sofia Tavares Johanne Balslev THE PRESS TEAM PHOTO OF THE WEEK By Imran Shah Mhammad 10 Ashton Koltman Jana Gorjanec 11
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