Problems of a Host State

1. Problems of a Host State Prof. Dr. G.A.M. Strijards llm In co-operation with EULEC, the European Institute for Freedom, Security and Justice Brussels Prof. Dr. G.A.M. Strijards

2. The 11th of the 11th 1918 • Compiègne France • Foch, the generalissimo of the Allies • Erzberger,representing the German Riech Prof. Dr. G.A.M. Strijards

3. Versailles 1919 Prof. Dr. G.A.M. Strijards

4. Woodrow Wilsons his 14 points • No more secret agreements • Free navigation of all seas. 3. An end to all economic barriers between countries. 4. Countries to reduce weapon numbers. 5. All decisions regarding the colonies should be impartial 6. The German Army is to be removed from Russia. Russia should be left to develop her own political set-up. 7. Belgium should be independent like before the war. 8. France should be fully liberated and allowed to recover Alsace-Lorraine 9. All Italians are to be allowed to live in Italy. Italy's borders are to "along clearly recognisable lines of nationality." 10. Self-determination should be allowed for all those living in Austria-Hungary. 11. Self-determination and guarantees of independence should be allowed for the Balkan states. 12. The Turkish people should be governed by the Turkish government. Non-Turks in the old Turkish Empire should govern themselves. 13. An independent Poland should be created which should have access to the sea. 14. A League of Nationsshould be set up to guarantee the political and territorial independence of all states. Prof. Dr. G.A.M. Strijards

5. German Emperor • Flight to the Netherlands10 November 1918 • By car to border crossing Eysden • Imperial train to Eysden station • Application for asylum • Revolution in Potsdam and Berlin • Abdication 28th November 1918 • 10th of May official granting Asylum by Dutch government Prof. Dr. G.A.M. Strijards

6. The German Emporer in the Netherlands • Lives as a former head of state in Landhouse Door, until his death in 1941 • Queen Wilhelmina, government and parliament in a rift concerning Prof. Dr. G.A.M. Strijards

7. David Scheffer Amb USA The International Criminal Court ( ICC) 1998 • Diplomatic summit in the FAO-building in Rome: • The The Hague bid for Justice • Statute of Rome • Art. 3: The seat of the Court shall be established at The Hague in the Netherlands (the “Host State”). • Maxime of Boutros Boutros Ghali during the fiftieth anniversary of the United Nations (1995): • THE HAGUE, LEGAL CAPITAL OF THE WORLD. Prof. Dr. G.A.M. Strijards

8. Prof. Dr. G.A.M. Strijards

9. ICC 1998 • Bid for justice, • The Hague • The Netherlands • Eager to host ICC • Candidacyaccepted by applause • No rule of equiteble distribution of costs • A triangular relation between • Host State • ICC • Assembly of State Parties • Troublesome relation with UN • ICC indepent of UN but, trigger mechanism suggests liaison with security council Prof. Dr. G.A.M. Strijards

10. Establishment of new Ad Hoc Tribunals • Siërra Leone Tribunal • Hariri Tribunal • Cambodia Tribunal • Piracy Tribunal • Mixed composition • Own legal personality • A special relation to UN • Own statutes and rules of procedure and evidence • Own budgetary regulations Prof. Dr. G.A.M. Strijards

11. Triangular relationICC legal frame work • Frame work • Permanent Assembly ICC States • ICC • Host State • Host State AgreementsHost Arrangements • Transit movements • Surrender • Penitentiary provisions • Medical treatment • Visits • Victims unit • Defence unit • NGO unit • Press and media Prof. Dr. G.A.M. Strijards

12. Host Agreement • Most important ICC Host Agreements • Definition of the Seat • Immunity and Privileges • Jurisdictional arrangements Host State >< ICC • Transport and transit • Settlement of disputes Prof. Dr. G.A.M. Strijards

13. Exterritoriality !?! • Premises of the Court • Lockerbie tribunal • A Scottish court • Seated within the Netherlands • Not a Scottish area in the Netherlands. Prof. Dr. G.A.M. Strijards

14. Exterritoriality 2 • Milosevic died in the ICTY prison facilities in Scheveningen. • So he died in the Netherlands and not in a ICTY-like area. • was responsible for Milosevic? • Who had to provide autopsy? Prof. Dr. G.A.M. Strijards

15. Exterritoriality (3) • Inviolability of the premises • The concept • The delineation • Peace Palace • ICTY • “The Premises” • Extensions of the Seat • Hospital, transport vehicles etc. • ICC now • ICC new build facilities Prof. Dr. G.A.M. Strijards

16. Competences • Internal security: • The Court or Tribunal • External security: • The Host State • Execution: • The Registrar of the Court or Tribunal Prof. Dr. G.A.M. Strijards

17. Penitentiary matters • Mixed responsabilities: • Applicability of the Lex Loci • Enforceability of the Lex Loci • The scope of garanties of the EHCR with a view to the Host State as ratifier Prof. Dr. G.A.M. Strijards

18. Acces to Dutch Courts • Milosevic • The defence sought access to the Hague district Court via a preliminary injunction motion for a writ of habeas corpus • Stipulation: the surrender had been illegal, a breach of article 5 ECRH, the subsequent detention had been unlawful according to Dutch law • The district Court denied access and the motion, relegating the case to ICTY, being the only competent court Prof. Dr. G.A.M. Strijards

19. Transport indectees and detainees Lockerbie: • Transit under Dutch guidance • Surrender to Scots Registry Lockerbie Tribunal • No transport for sessions outside the premises • ICTY: • Transit under Dutch guidance and jurisdiction • Dutch vehicular regulations applicable Prof. Dr. G.A.M. Strijards

20. Safe housing • ICTY The Blaskic case: • Contempt of Court • Penitentiary solutions • Failing dual criminality • The stand of the Host Country Prof. Dr. G.A.M. Strijards

21. Gastlandperikelen Prof. Dr. G.A.M. Strijards llm In co-operation with EULEC, the European Institute for Freedom, Security and Justice Prof. Dr. G.A.M. Strijards