Welcoming speech by His Excellency Sheikh Hamad Bin Jassem Bin Jabr Al Thani, Prime Minister and Minister of Foreign Affairs
Hh The Emir Sheikh Hamad Bin Khalifa Al Thani And Hh Sheikha Mozah Bint Nasser Al Missned have inaugurated the 9th Doha forum on democracy, development and free trade at the Doha Sheraton Hotel here on sunday evening.
The Doha Forum and Enriching the Middle East's Economic Future IV Conference concluded session here this evening at the Doha Sheraton Hotel.
H.E. Sheikh Hamad Bin Jassem Bin Jabor Al Thani, The Prime Minister And Foreign Minister delivered an address at the outstart of the 9th session of the doha forum in which he underlined the significance of topics tabled for discussion at the regional and international levels.
Former French president, Jacques Chirac yesterday said peace and harmony between the nations of the world are "essential".
The 22nd president (May 1995 –May 2007) and twice the prime minister of France is in town to participate in the 9th annual Doha Forum that began here yesterday with an aim to discuss democracy and free trade.
Doha, May 03 (QNA) - The Doha Accord between the Republics of Sudan and Chad was signed here tonight with a view to normalization of relations between the two countries and providing an atmosphere of confidence
A press release was issued on the occasion stating that,''''Within the framework of the good offices of His Highness Sheikh Hamad bin Khalifa Al-Thani, Emir of the State of Qatar and his brother leader Muamer Al-Gadhafi, leader of the revolution in the Great Socialist People''s Libyan Arab Jamahiriya, Chairman of the African Union, concerning the normalization of relations between the Republic of Chad and Republic of Sudan, the consolidation of the relations between them; In pursuant to what has been agreed upon between the two countries in the previous agreements, concluded between them, And in order to create an atmosphere of confidence and appropriate conditions to the convening of the Tripoli Summit in Libya between the Presidents of the two countries, With the participation of H.E. Sheikh Hamad bin Jassim bin Jabor Al-Thani, Prime Minister and Minister of Foreign Affairs of the State of Qatar, and in the presence of H.E. Mr. Mousa Mohamed Kousa, the Secretary General of the People''s General Committee for Foreign Communication and International Cooperation in the Great Socialist People''s Libyan Arab Jamahiriya and H.E. Mr. Ahmed bin Abdulla Al-Mahmoud, Minister of State for Foreign Affairs and Member of the Cabinet of the State of Qatar, Met in Doha, in the period 29 April - 3rd May 2009, a delegation from the Republic of Chad, led by H.E. Mr. Mousa Faki Mohamed, Minister of Foreign Relations with a delegation from the Republic of Sudan, led by H.E. Mr. Al- Jijani Saleh Fidail, Minister of International Cooperation. During the meeting, a spirit of confidence and reconciliation prevailed. The two sides discussed the items on the Agenda in a constructive manner, which was conducive to reaching an agreement that is likely to place the relations between the two countries on its proper track. The two parties pledged to expedite implementing them with a view to restoring the climate of confidence and good-neighborliness.
PRESS RELEASE Within the framework of the good offices of His Highness Sheikh Hamad bin Khalifa AI-Thani, Emir of the State of Qatar and his brother leader Muamer AI- Gadhafi, leader of the revolution in the his brother leader Muamer Al-Gadhafi, leader of the revolution in the Great Socialist People's Libyan Arab Jamahiriya, Chairman of the African Union, concerning the normalization of relations between the Republic of Chad and Republic of Sudan, and the consolidation of the relations between them, Pursuant to what has been agreed upon between the two countries in the previous agreements, concluded between them, And in order to create an atmosphere of confidence and appropriate conditions to the convening of the Tripoli Summit in Libya between the Presidents of the two countries, With the participation of H.E. Sheikh Hamad bin Jassim bin Jabr AI- Thani, Prime Minister and Minister of Foreign Affairs of the State of Qatar, and in the presence of H.E. Mr. Mousa Mohamed Kousa, the Secretary General 0£ the People's General Committee for Foreign Communication and International Cooperation in the Great Socialist People's Libyan Arab Jamahiriya and H.E. Mr. Ahmed bin Abdulla AI-Mahmoud, Minister of State for Foreign Affairs and Member 0£ the Cabinet of the State of Qatar, Met in Doha, in the period 29th April – 3rd May 2009, a delegation from the Republic of Chad, led by H.E. Mr. Moussa Faki Mohamed, Minister of Foreign Relations with a delegation from the Republic of Sudan, led by H.E. Mr. AI-Tijani Saleh Fidail, Minister of International Cooperation. During the meeting, a spirit 0£ confidence and reconciliation prevailed. The two sides discussed the items on the Agenda in a constructive manner, which was conducive to reaching an agreement that is likely to place the relations between the two countries on its proper track. The two parties pledged to expedite implementing what they had agreed on in the past agreements concluded between them with a view to restoring the climate of confidence and goodneighborliness. The two parties affirmed their determination to abstain from interfering in the internal affairs of each other and from the use or threatening of the use of force in their mutual relations. Seeing that the absence of effective enforcement mechanisms has precluded the implementation of what was agreed upon in the past, the two parties agreed to reactivate the mechanism provided for. In Dakar Accord of 2008, by requesting the Contact Group, emanating from the foregoing Accord to meet in an emergency manner to adopt and execute a plan of action on the completion of immediate deployment of monitors and joint protection forces. The two parties recommend that the State of Qatar be added to the Contact Group due to its effective efforts aimed at the realization of peace in the region. They also advise the States sponsoring the present Agreement to exert their efforts for the prompt securing of financial and logistic support in order to facilitate the implementation of monitors' and protection forces' mission. The two parties also affirmed their commitment to halt the hostile media campaigns and to encourage positive media discourse conducive to reinforcing bonds 0£ fraternity and reconciliation. The two parties agreed to hold a summit between the Presidents of the two countries in Tripoli the date of which is to be agreed upon by the parties and the mediation. . The two parties have expressed their appreciation of the efforts made by His Highness Sheikh Hamad bin Khalifa Al-Thani and brother leader Muamer AI-Gadhafi and their role in the efforts aimed at the normalization of relations between the two sisterly countries. The Two parties have also expressed their appreciation of the efforts exerted by the State of Qatar in hosting this meeting, which resulted in the issuance of this Agreement. The ceremony of signature of the Agreement between the two countries has been attended by their excellen,ies members of the committee which has been set up by the African Lnion – known as the Committee of the Wise Men of Africa – in order to follow-up the question of Darfur region in Sudan.
GCC states would become the the world''s fifth economic power in the coming ten years if they well exploit their oil and gas revenues, said H.E. the Minister of Economy and Finance Yousuf Hussein Kamal.
Former French President Jacques Chirac on monday conferred upon h.e. mohamed bin abdullal al-rumaihi, the assistant foreign minister for the follow-up affairs the national merit medal . in an address at a ceremony held on the occasion, chirac voiced delight for visiting qatar in reply to the invitation of hh the emir sheikh hamad bin khalifa al thani to attend the doha 9th forum on democracy
in return , h.e. al-rumaihi voiced deep appreciation and gratitude for being accorded the french national merit medal and expressed his gratitude as well to the state of qatar and hh the emir sheikh hamad bin khalifa al thani and to france in which he received his university education. al rumaihi was approved as qatar''s ambassador to france in 2000 and assumed post of coordinator of the qatari-french joint higher military committee activities . he was appointed as ambassador at the foreign ministry in september 2001 and as qatar''s ambassador to france in 2002 and a decision was issued for appointing him as assistant foreign minister for the follow up affairs in 2003. (qna) MD
Democracy 'cannot be imposed'
By Sarmad Qazi
Amidst globalisation, countries in the Middle East region must take a count of what is happening outside since the governments can no longer control information, a former British diplomat said yesterday.
"Nevertheless, the virus of democracy is there," he said while giving historical evidence. The American model of democracy was explained by the World Jewish Council president Jack Rosen who maintained that the founding fathers (of the USA) made checks and balances. "It took 160 years in the US before senators were elected through popular vote; even today, we don't vote directly for the president. It took a long time for blacks and women to have voting rights," Rosen began. "However, its things like the constitutional protection for the NGOs, the freedom of speech and religious thoughts, is what makes American democracy work to an extent. We have a president with a middle name Hussein," Rosen added. According to him, the American democracy also allows people to develop a "habit of mind" to question freely the governments, something which the Middle East lacks. To a question on why Israel does not recognise Palestinian democracy (reference to Hamas' election win) Rosen replied: "In international relations there things are beyond democracy. France and Germany may disagree on economic issues. The whole world disagrees on the actions of Nazi Germany. Similarly, Israel disagrees with the government (Hamas) that openly and publicly calls for its destruction."
The Peninsula/ BY JOYCE C ABAرO
DOHA: Qatar has fared better than some countries during the global economic crisis because the state is smart, is supported by government developmental projects, and has a vision for the future, said an economic expert from Hungary, who was one of the speakers in yesterday╝s Ninth Doha Forum.
ôOf course, in some areas, Qatar has been affected, it is unavoidable, but the state is in a smart place. Qatar and the entire region feel the effect of the global crisis, you cannot hide from this because it is a global crisis. But in some countries, and in some places where the government has a vision for the future, where it has good economic strategies for the future, where it has a strong government in place, when it has all these three elements on the table, you will be in a better position. And Qatar seems to be in the right track of surviving this economic downturn à It has invested a lot on technology, education, tourism, energy, among other projects,╜ said Matolcsy.
Matolcsy yesterday discussed, along with other speakers, ôThe State╝s role in the organisation of the national economy in light of the financial market crisis,╜ ôCan the Arab revenue-oriented economy be turned into a global economy?,╜ ôThe role of the national economy and the private sector in the global financial crisis,╜ and ôThe reorganisation of financing and government laws.╜
According to Matolcsy, a new kind of politics might emerge from the crisis experienced by nations worldwide, but, he said, every nation should ask first, ôHow can we balance the economy?╜
ôThere are successful economic models we can follow, some regional solutions. In the EU economies, there is a strong stabiliser and that╝s the state budget. This is the role of the state budget in the EU à they have state finances, pension system, health care system, state finances through the budget, education à In the European Union, the state finances play an important role than in the Anglo-Saxon economies. The EU countries rely on their state budgets and it might help these days à Qatar is using another economic model à Like I said, there are regional solutions to these problems that may work for some countries,╜ said Matolcsy.
The Doha Forum, with more than 600 experts and dignitaries, will see discussion on international governance, the role of governments in the enhancement of national economies in light of the global economic crisis and a host of other topics of human interest.
By Ourouba Hussein
Former French prime minister Alain Juppé has urged people to spend money as in the past to overcome the present economic crisis.
He said that the French economy is going through a tough time, as a result of the global financial crisis.
MAYA MANSOUR DOHA An Arab-Latin American Civil Society meeting organised by the Arab Democracy Foundation (ADF) was held here on Tuesday on the sidelines of the 9th Doha Forum for Democracy, Development and Free Trade.
I. The Core Element of the Rule of Law
1. It is in the nature of law structured into the international community that its members are accountable for their acts when they inflict injury on the interests of others. This is the concept of liability built into the relations of subjects of law in the international sphere.
II. The Current State of the Law on International Responsibility
3. In international law, responsibility pertains to a State which commits an internationally wrongful act against another, giving rise to the duty to give reparation.
The wrongful act that is attributable to a State, committed by its agencies or officials or in the exercise of its authority, constitutes a breach of international obligation that is binding at the time the act is committed.
4. Such a classic formulation of international responsibility is premised on inter se relations of States; an act or omission of one State in breach of an obligation defined by international custom or convention, which it owes to another State.
However, progress in the theory and practice of international responsibility has gone beyond the scope of bilateral relations. The developments towards the consolidation of the institutions making up the International Community of States as a whole have broadened in significant scale.
III. International Community of States as a Whole: Norms of Erga Omnes Character
5. The conduct of a State may be in contravention of its duty to another State such as one created by a bilateral treaty. But over and above that relations strictly between them, an international obligation may involve vital interests by which the collective way of life of the great number of States is sustained. Then the relation of responsibility is not any longer to be contained by bilateralism; it defines an expanded scope of responsibility that pertains more meaningfully to the relation between the State in wrongful act and the International Community of States as a whole.
6. The judgment of the 1970 Barcelona Traction Case generates conditions for progressive development along this trend when it makes as a focal point the distinction between two categories of international obligations: In particular, an essential distinction should be drawn between the obligations of a State towards the international community as a whole, and those arising vis-a-vis another state in the field of diplomatic protection. By their very nature the former are the concern of all states. In view of the importance of the rights involved, all states can be held to have a legal interest in their protection; they are obligations erga omnes.
Erga omnes obligations have supplied the concept of community interests as the basis of responsibility. While the precise requirements for the enforcement of claims on that basis have not been clarified in Barcelona Traction, the interpretation by the International Law Commission of this dictum sets out a clear statement of principle that may influence future developments:
The responsibility engaged by the breach of these obligations is engaged not only in regard to the state which was the direct victim of the breach: it is also engaged in regard to all the other members of the international community, so that, in the event of a breach of these obligations every state must be considered justified in invoking ... the responsibility of the state committing the internationally wrongful act.
7. The concept of erga omnes obligation holds the prospect of a watershed in international responsibility, opening a new perspective in the development of international law through the decisions of the International Court of Justice (ICJ). It calls to mind that, if at all this is intended as a deliberate creative process by the Court, it came to express itself later in the boldness by which the International Community of States has called upon the ICJ in Resolution 3232 (XXIX) of the UN General Assembly consciously to develop international law by means of judicial decisions.
8. It is instructive that the ICJ not only defines the category of erga omnes obligations but points out as well more specific norms of this character, as follows:
Such obligations derived, for example, in contemporary international law, from the outlawing of acts of aggression, and of genocide as also from the principles and rules concerning the basic rights of the human person, including protection from slavery and racial discrimination.
9. Since the internationally wrongful conduct in breach of erga omnes obligation pertains to the International Community of States as a whole, there appears to be great relevance in the synthesis of the ICJ that "some of the contemporary rights of protection have entered the body of general international law". From the context of community interests, there arises the problem as to whether the means of protection for the direct victims of the wrongdoing be undertaken by or on behalf of the International Community of States, without regard to the nationality of the victims. How the means employed in the right of international protection may be identified as humanitarian intervention may effect some complications on the interpretation of the general prohibition on the use or threat of force as a foundation principle of the UN Charter.
10. In view of the expansive scope of community interests in which "all states can be held to have a legal interest in their protection", the implications of the erga omnes formula in international responsibility would proved to be more significant than what has been outlined above. To begin with, the import of Barcelona Traction encompasses international human rights. Major regimes installed in international conventions have entered general internation law. The concept of the common heritage of mankind in areas beyond national jurisdiction has gained foothold in international custom in the law of the sea as well as in outer space. Following the declaration of the UN General Assembly, the Framework Convention on Climate Change begins with the proclamation of its more than 120 states parties that change in the Earth's climate and adverse effects are "a common concern of humankind", comprehending the "totality of the atmosphere, hydrosphere, biosphere and geosphere and their interactions". International responsibility embodied in obligations defined in the protection of global environment is of planetary proportion, addressed to real threats and crises of the Earth and therefore of the entire humankind. I certainly would venture to say that in context the civilizational magnitude of the prolematique erases the boundary between conventional international law and general international law.
IV. International Community of States as a Whole: Jus Cogens Norms 11. Distinctively, the introduction of the concept of jus cogens into positive international law is a landmark development in the consolidation of fundamental interests that pertains to states as an international community, aside from their individuated status. The category of peremptory norms that are now embodied in Article 53 of the 1969 Vienna Convention on the Law of Treaties has become a ground for nullifying a treaty if, at the time of its conclusion, it is in conflict with the peremptory or jus cogens norms of general internationallaw. The Convention is explicit that it is by authority of the "international community of States as a whole" that a norm of general international law is "accepted and recognized ... as a norm from which no derogation is permitted."
12. By Jus cogens norms, International Community of States as a whole imposes constraint on the sovereign authorityof the individual members in treaty-making. Their international responsibility arises from the breach of obligation not to conclude treaties against the community interests embodied in peremptory or jus cogens so recognized by the International Community of States.
V. Criminal Liability in International Responsibility 13. It may be recognized that international responsibility has been engaged along two lines of developments in established practice, namely: (1) responsibility of States in the concept of civil liability, which the ILC calls international delict; and (2) responsibility attributed to individual natural persons in the nature of criminal liability. The first one deals with an internationallywrongful act of a State as a breach of obligation under international law; and the second pertains to an act of an individual as a subject of international law in the context of criminal liability, i.e., he is criminally responsible and liable for punishment for an act which the "international community as a whole" has characterized as a crime. By the nature of the criminal act, his responsibility directly relates to the international community and not to the victim of the crime, in the national-law analogy that the crime is committed against the people, against the public order.
14. From the Treaty of Versailles of 1919 to the Nuremberg and Tokyo Judgments, through the proceedings of the ad hoc international criminal tribunals established by the UN Security Council, then to the Rome Statute establishing the permanent International Criminal Court, international criminal law has developed on the basis of criminal liability attributed to individual natural persons and now stands as the main enforcement mechanism of international humanitarian law and for the protection of human rights.
15. The core element of the rule of law in criminal responsibility is typified by Article 25 of the Rome Statute of the International Criminal Court: "A [natural] person who commits a crime ... shall be individually responsible and liable for punishment ...." While criminal responsibility of natural persons stands separately from State responsibility and independent of it, a trend of convergence appears to have emerged in the setting of global integration of State interests into common premises of international cooperation, giving rise to the restructuring of obligations under both categories of international responsibility as appurtenant to the collective interests of the International Community of States.
VI. An Approach to Some Problems 16. While the juridical boundaries between State responsibility and individual criminal responsibility are clearly drawn, this problem continues to loom large with increasing relevance: May criminal liability be attributed to the State? Under certain conditions set out in international conventions, may a State be charged of having committed an international crime? The ICJ Judgment in the Case Concerning the Application of the Genocide Convention, in which the Court has concluded that the reference in Article IX of the 1948 Genocide Convention to "the responsibility of a state for genocide did not exclude any form of state responsibility", has recaptured the serious concern over the question of criminal liability vis-a-vis the States.
17. Conventional international law implies some complementation of State responsibility with individual criminal responsibility. This is exemplified by the Rome Statute of the International Criminal Court which provides in Article 25 (4) that "No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law". Indeed, the ILC Draft Articles on "Responsibility of States for Internationally Wrongful Acts" is explicit in Article 58 that "These articles are without prejudice to any question of the individual responsibility under international law of any person acting on behalf of a State".
18. A landmark interpretation of individual criminal responsibility that brings it close to State responsibility, which is tantamount to imposing punitive measure on the State, emerged from the Nuremberg Charter and Judgment. As formulated by the ILC and unanimously affirmed by the UN General Assembly, the relevant Nuremberg Principle rules: "The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law." This principle has passed into general international law and is now codified in the Rome Statute of the International Criminal Court, Article 27(1) of which reads in part:
In particular, official capacity as Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility ... nor shall it, in and of itself, constitute a ground for reduction of sentence.
19. This principle is to be appreciated in the light of the reality that acts attributable to the State may be committed by the Head of State or Government, or its high officials, and they do so as an organ or agency of the State, or on its behalf. Hence, pronouncement of their criminal liability becomes a virtual, if not actual, attribution of criminality to the State of which they are duly constituted organs.