Ljubljana Session Report
2013 September
Regional Academy of United Nations

Tuesday, September 3, 2013
Bled Strategic Forum
Panel discussion
International criminal justice: a precondition for a prosperous economic future?
The international community is facing geopolitical and economic changes, but still violent conflicts dominate the global headlines. Is this the modern, civilized world? My own opinion.. shock our conscience why are these atrocities still happening? what can be done to prevent them? what price dp the States pay for the mass destruction? (how can it be measured? human values..without a price)

how does it affect our and their economies? does lack of criminal justice deter potential investors? or: can justice stimulate economic growth? Can both help prevent conflict?

Conflicts thrive on impunity. Impunity encourages more violence and only exacerbates further injustice. Impunity, instability – feeding further into extremists and nationalistic tendencies. (raising the tensions in a fragile or post-conflict society)

The unstable environment discourage international and national investments (or look from the other side: why is is unstable? because they took their lands? (Egypt – Kairói Világnépesedési Konferencia) what are the main roots of failed states, or insecure regions? why is the environment unstable? international investments or national investments?)
 internal conflicts seem to occur disproportionately in low income and low-growth rate countries (why are they low income? only regional, geographical roots? what is the tendency? what are the main roots?) why is Egypt starving?...

Is it thus not sound to invest in rule of law and justice to create a stable and stimulating environment for economic growth as the best long-term strategy to reduce the risk or conflict?

The institutionalization of international criminal responsibility: the main aim is to prevent perpetrators from avoiding trial due to the incapacity of national legal systems to carry out the necessary proceedings.

Debate will be centred on the role of the international criminal justice system in establishing the rule of law in conflict and post- conflict areas with a view to improving economies and creating an investment friendly environment.

During and after conflicts, the affected population is generally not afforded adequate protection and the rule of laws is at a low level. (and before?)

The issue of sexual and gender violence the prevention of violence against women during conflicts, and the influence of media reports on violence against women.

All these elements are of particular interest to business community when making decisions on their international investments.

The panel’s main focus: the international criminal tribunals, in particular the International Criminal Court as the only international tribunal whose statute refers to sexual and gender violence as crimes against humanity.
10th anniversary
The key player in the international arena, with considerable weight in interstate relations preventive role in the in the protection of fundamental human rights therefore deserves special attention.

Its key principle of complementarity has a substantial affect on the national judicial systems that should become more capable of prosecuting crimes than ever before. bringing end to impunity for international crimes – top priority of international affairs.

How to translate word into actions?

Key questions

How are the international criminal justice and economic development linked?

are international tribunals worth their cost?
What have we learnt over the past few decades? South Africa, the Balkans…
How important is justice for economic development?
Is it economically sound to exclude women from peace and justice efforts, which is still often the case?

What are the recommendations states should follow in order to attract future investments? What do investors consider when making their decisions?

Can international economic activities help international criminal justice? Should international economic sticks (sanctions, linking aid to caps on military spending…) and carrots (post-conflict aid, trade liberalization) be better used towards accountability for atrocities committed?

If there is no strong economic case to be made for justice, should it still be exercised?

Wednesday programme, September 4, 2013

Slovenian Military Post Edvard Peperko visit and lectures by representatives of Slovene Armed Forces on their activites in peace support operations (Brigade Commander Miha Skerbinc and Mr Simon Kavcic)

Ms Navanethem Pillay, UN High Comissioner for Human Rights
Post-conflict environment: lack of accountability, inpunity
ICC: substantial contribution
Sexual violence against women, genocide – Rwanda 1998 ICC?
Impunity for gender-based violence the structural constructions that led to the violence (fight against)

the importance of prevention future is better than the past, and the present preventive measures public ensightement hostility, violence

new forms of terrorism explose of weapons devastating, long-term impact in fundamental human rights internet, includind freedom of opinion: cyber-crime

Syria, Congo: Action to prevent is imperative
Accountability must be met.

Mrs Fatou Bensouda
Prosecutor of the International Crminal Court
Women & Children: in front of the Crime
Lack of accountability
Violence and destruction: no peace without justice very close relation: justice, development, poverty } EDUCATION
Economic benefits of peace women represent th beest … of peace they are stronger and better equipt in creating peace

Hope: to fee women’s voices not only victims full responsibility for peace, development supply national efforts - key to bringing peace

Empowerment of Women and Children: helps the economic growth
Central parts of Africa: entire life of communities are destructed.
Unlock the potential of women for change also on economic leadership level

Sustainable development

Ms Tiina Intelmann:
President of the Assembly of States Parties to the Rome Statute
The situations where the ICC works first peace comes, and then we see about justice rule of law: on national & international level } the basis of economical development
UN last year: the importance of justice @ ICC (highlights)
The victims: they need our actions, not our tears.

Not only about the concrete investigation the domestic legislation political sensitive very alarming

difficult to go to the leaders of Central African Republic but: constantly looking for countries to join

Prof. Dr Ernest Petric
President of the Constitutional Court of the Republic of Slovenia
Important for our future generations the link between international crime and economic development (not easy)
ICC: we should take care to keep this precious institutions in the process that nobody should remain impunished
Crucial: play the role as an example (for young people)
Balkan countries: 800 cases

not rewarded, but devoted peple should be very conscious the highest possible level last: vast space human rights established as a reaction to violence. State is still a danger for human rights organized crime: attacking human rights: more attention to this huge-growing crime

Mr Christian Wenaweser
Ambassador of the Principality of Liechtenstein to the United Nations many people who don’t have access to justice system very important dimension of ICC’s work: impact on the national level work together is perfectly feasible
Rwanda: most of them without charges against them many innocents strengthen national level committed to do this on the national level (the States)
Syria: human costs are measurable accountability Panel talk:
2,5 years talking about Syra, more hundred thousands died need to take a decision meanwhile people continue to die we have made a prmise (ICC) it is difficult, but cannot continue like this , we have a responsibility, icluding accountability
US Ambassador: (J. Rapp): to begin to set up such a court

Q1: Chemical weapons (mass destruction) (Const. Court, Slovenia)
Bosnia: took such a long time to interrupt for the institution. (200 000 people died)
SC: doesn’t act
Kofi Annan: never again Srebrenica, Rwanda its here, in front of our eyes
International community: cannot react Why?
Beginning of the Bosnian war: mass murder everywhere then established
Yugoslav Army (strong)

“I cannot be quiet cool when I know over hundred 1000 people dying in Syria.”
US Ambassador: got to be creative to find the solutions
President of State Parties: if government don’t pick this up, society has to, we have to.

2nd programme:
(Liechenstein)
enormous opportunities to do things occupy topics and take a leadership on them (Slovenia)
“we don’t have very fixed objectives to promote the values” many has no attention till its not a national interest the work of SC: complicated, not very accessible
SC: interacts with the world all of us has to implement what SC says

R2P: it’s a political principle they established on World Summit (2005)

R2P – SC “the use of force”

Military intervention in Syria (last days) – UK reaction – unexpected next few days: whats going on in the USA politically and legally engage into using military force

Syria is a sad failure of diplomacy different kind of diplomacy could have been applied long-time duration fragmentation of the country neighbours: Turkey, Jordania

Questions: SC 1945 only by the winner states reality has changed, drastic reforms needed other side: cant be changed in a short period of time
SG: (Secretary General): was passive conc. Syria
20th century’s beginning: managed many escalation of war no guarantee that we have the best possible person for the job much more transparency of someone wants to be SG, what she/he intends to do the next SG (the expectations, Eastern Europe, probably Russia: very strong views on whatever happens in the region)

Q: the dynamics of small countries (Syngapur) small states, people less than 10 million very large group, it could be influential not easy to find compositions it offers a platform where small states present their cases support each other in a evry pragmatic way they don’t have very strong solidarity among small states

most important thing is to help each other, to have a system for exchange information

Q+A: difficult to reform the SC oppositons (India by Pakistan, Italy by Germany) easy for the permanent members

“pretending trying what to do”

states are comfortable with the status quo, they don’t try something else, when its not working

Q: civil servants of the UN, their influence, capability (Un Staff) what we has to do: not to try to get rid of ppl we don’t like in UN (like in EU)

UN Secretariat played very important and positive role (Kofi Annan)
The office of legal affairs: able and willing partner to help facilitate difficult negotiations

UN secretariat: supportive
The ICC in connection with UN Peacekeeping Operations (shameful moment) a good deaf for common thinking
SC: moved into a right direction – more frank
SG: increase support for ICC

the role of civil society: we need to be clear of who we are and who we are not. We are outsiders and always will be.
Accurately understanding of what we can do. maximum the influence… time to figure out reasonable objectives/goals, not just dreams what will never materialize

SC for the first time ever had created 2 tribunals – different modality after the end of the Cold War some real interest in the SC for taking steps

different judgement court: what is possible to achieve
“pie in the sky” hopefuk, but not effective not forgetting that we are outsiders as civil society, not states
(who?)
we got to find the ways to press governments more than they do!

The combination of strategy (objective goals) and the pressing of the governments – CRUCIAL to be effective

Syria and the ICC (research)

60 governments (ICC States) had request the SC… to create a tribunal to Syria?

Not only chemical weapons, but violence against civilians etc…
Noone in that conflict have clean hands. just some little progress

shameful

stayed under the SC…for 2 years

SC - Military force

US government has seriously overreached his responsibility.
Transparency!!!
Civilians are targeted!
If military don’t do it, than US?

US did much more than they should have.

a cancer in the system of the justice

try to find ways to press the SC we shouldn’t be under the illusion that it will be next year.

Q: China, Russia, Iran, Pakistan – how to work with them?
90 countries where HR is working
UN: real impact to find ways to reach them

Question topics?

the difference what individuals make – not to underestimate what they can achieve, not just by themselves, but other like - minded individuals new people always bringing some different kind of visions, new sense of values they are able to have real impact ( on UN practice & policy)

when getting closer to an institution, see its problems to face – individuals. fresh commitments, work together more important, more valuable work can be done prepare for the differencies and frustrations (in every professionals) but look for the like-minded individuals and work together

The world of UN need talented people to make their best
Report: interaction between Justice and Peace

2nd day: Military Post
4 billion $/day USA raise for…
2050: China will reach the GDP of G7
The reason for 1st and 2nd World War: Germany became stronger than everyone else in Europe. (divide the colonies in new way)

raising number of poor – how long will they take it? no pensions, liberal capitalism the priorities of the Strategic resources – all the conflicts

Abdul Kan, Hero of Pakistan (?)
Pakistan nuclear force – selling it to North-Korea
4 nuclear powers: Pakistan, North Corea, Iran, India (???) (4???) same source, same knowledge

Afganistan: who are we fighting against? all Talibans
The Pakistan Army is really stable, undercontrolled by the USA

who is controlling civilians? how safe is a country which has enormous nuclear power?

Syria: who used the chemical weapons?
One fact to worry: 5-6 really strong factories to produce chemical weapons raising number of countries developing nuclear weapons – Threat to the international security the major problem of producing: to find uranium

Slovenia: was also engaged with Ottoman Empire never entered Vienna, 2 big attacks

Hungarian nationalistic movements

Muslims figured out how to combine soft power with terrorism.
(Lebanon – read about it)

West: the typical capitalist way
Western – Eastern civilization – not possible to understand the East for the West

USA: spending more than 40 for defense
Russia will grow