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Darfur: CICC Member NGOs reacting to Al-Bashir s alleged travel to Chad and Related News
21 July 2010
Dear All,
Please find below information about recent developments related to the International Criminal Court's investigation in Darfur, Sudan. This message includes latest press releases issued by CICC Member NGOs reacting to Al-Bashir's alleged travel to Chad as well as to the second ICC arrest warrant issued against him last week for counts of genocide (I), and related news coverage (II). Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the CICC will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC. Best regards, CICC Secretariat http://www.coalitionfortheicc.org/ ************** I. NGO PRESS RELEASES AND LETTERS i. "Chad: Bar Entry or Arrest Bashir - ICC Member States Should Not Allow Fugitives on their Territories," Press release, Human Rights Watch, 21 July 2010, http://www.hrw.org/en/news/2010/07/21/chad-bar-entry-or-arrest-bashir "Chad should deny entry to Sudanese President Omar al-Bashir or arrest him for trial at the International Criminal Court should he visit the country, Human Rights Watch said today. It has been widely reported in the media that al-Bashir is expected to travel to the Chadian capital N'djamena this week to attend a summit of the Community of Sahel-Saharan States. Al-Bashir is subject to two arrest warrants issued by the International Criminal Court (ICC) for atrocities committed in Darfur in Sudan. The first was issued in March 2009 on charges of war crimes and crimes against humanity. The second was issued in July 2010 on charges of genocide. 'Chad risks the shameful distinction of being the first ICC member state to harbor a suspected war criminal from the court," said Elise Keppler, International Justice Program senior counsel at Human Rights Watch. "Chad should not flout its obligations to arrest al-Bashir if he enters Chad.' The treaty of the ICC, the Rome Statute, to which Chad is a state party, requires member states to cooperate with the court, which includes execution of arrest warrants. The ICC has no police force and so depends on member states to enforce its orders. Al-Bashir's visit to Chad would be the first time the Sudanese president has entered the territory of an ICC member state since the ICC arrest warrants for him were issued. Chad and Sudan have long fought proxy wars through support to each other's insurgents. The two countries reached an agreement in January 2010, in which they promised to end support to each other's rebel movements and jointly patrol their shared border. 'A political deal between Chad and Sudan is no justification for shielding alleged war criminals," said Keppler. "Instead of protecting a fugitive from justice, Chad should urge Sudan to cooperate with the ICC.' In addition to the warrants for al-Bashir, in April 2007 the ICC issued warrants for Ahmed Haroun, then the country's minister for humanitarian affairs and now governor of Southern Kordofan state, and Ali Kosheib, whose real name is Ali Mohammed Ali, a "Janjaweed" militia leader. The prosecutor has also issued summons to appear for three Darfuri rebel leaders for attacks on an AU base in Haskanita in Darfur. Sudan has refused to cooperate with the ICC's work to ensure justice for crimes in Darfur. In June, the ICC issued a judicial finding of non-cooperation by the government of Sudan with respect to execution of the arrest warrants for Haroun and Kosheib, which have been outstanding for more than three years. Human Rights Watch urged the United Nations Security Council and concerned governments to press Sudan to turn the accused men over to The Hague." ii. "President Omar Al-Bashir must be arrested," FIDH, 15 July 2010, http://www.fidh.org/President-Omar-Al-Bashir-must-be-arrested "The International Federation for Human Rights (FIDH) welcomes the issuance by the International Criminal Court (ICC) of a second arrest warrant for Sudanese President Omar Al-Bashir for counts of genocide. The Pre-Trial Chamber of the ICC had already issued an arrest warrant for President Al-Bashir on counts of crimes against humanity and war crimes, in March 2009. The ICC Prosecutor had sought that the charge of genocide also be included. After further deliberations among ICC judges, the ICC decided to add the charge of genocide by issuing a supplementary arrest warrant, on 12 July 2010. The implication of this decision is that President Al-Bashir is now suspected of having committed specific crimes, including murder and serious bodily or mental harm, with the aim of destroying the Fur, Mansalit and Zaghawa ethnic groups in Darfur. However, it must be recalled that war crimes and crimes against humanity, for which he has been sought so far, are equally serious crimes. Al-Bashir is the first acting president to be indicted by the ICC. He is now also the first person ever charged with genocide in the history of the ICC," said Souhayr Belhassen, President of FIDH. FIDH recalls that Al-Bashir's quality of head of state is fully irrelevant before the ICC. "When it comes to the most serious crimes of concern to the international community as a whole, no-one is above the law. Mr. Bashir's recent re-election as president of Sudan has no impact on the ICC decision to have him arrested. He is a fugitive from justice," added Ms. Belhassen. The decision implies that there is a suspicion that Al-Bashir has committed genocide, but it could be overturned in the course of trial if the judges found that there is no sufficient evidence to substantiate the additional charge. In order for such a trial to be possible, Al-Bashir must be arrested and surrendered to the ICC. FIDH takes this opportunity to call upon all States to make efforts towards the execution of the arrest warrant, including through measures aiming at Al-Bashir's isolation and shaming. In this respect, our organisations note that although Al-Bashir has attempted to mock the ICC and the international community, he has not travelled to the territory of a State Party to the ICC, where he could be arrested. Further efforts must be made so that victims of international crimes in Darfur can access justice for the crimes they have suffered. FIDH recalls that all parties to the conflict in Darfur must be brought to account. Rebel leaders Abu Garda, Banda and Jerbo have already surrendered to the ICC. President Al-Bashir should follow their example." iii. "NPWJ welcomes ICC warrant for Sudanese President Omar al-Bashir on charges of genocide," NPWJ, 14 July 2010, http://www.npwj.org/ICC/NPWJ-welcomes-ICC-warrant-Sudanese-President-Omar-al-Bashir-charges-genocide.html "In an historic move, the Pre-Trial Chamber of the International Criminal Court (ICC) announced on 12 July 2010 its decision to issue a warrant for the arrest of Sudanese President Omar al-Bashir for his alleged role as an indirect perpetrator or indirect co-perpetrator of genocide in Darfur. The ICC Pre-Trial Chamber has thus determined that there are reasonable grounds to believe that President Al-Bashir is responsible for three counts of genocide committed against the Fur, Masalitand Zaghawa ethnic groups that include killing, causing serious bodily or mental harm and deliberately inflicting conditions of life calculated to bring about the physical destruction, in whole or in part, of a particular group. An earlier arrest warrant for President Al-Bashir was issued in March 2009 by the ICC for war crimes and crimes against humanity in Darfur, in which the judges declined to include charges of genocide. This second warrant is the first time the ICC has issued an arrest warrant for the crime of genocide." Statement by Alison Smith, Legal Counsel of No Peace Without Justice: "No Peace Without Justice and the Transnational Nonviolent Radical Party welcome the decision of the ICC to issue a second arrest warrant for Sudanese President Omar Al-Bashir on charges of genocide, as an important response to the demands for justice from the people of Darfur. With this decision, and with its ongoing work, the ICC is fast cementing its place as an integral component of the international community's fight against impunity, by responding to the interests of victims, even against those who are at the pinnacle of power. We call upon the international community, particularly the States Parties to the ICC, to cooperate fully with the International Criminal Court to ensure that the arrest warrants against President Al-Bashir are enforced and that he is brought to account for the charges leveled against him by the Court. Sudan's own history demonstrates that granting impunity for serious crimes only encourages those crimes to continue, whether by the same the perpetrators or others. The Sudanese Government has ruled for two decades by corruption and violence against its population and has blatantly defied and obstructed the ICC to date. Adopting a policy of appeasement towards this kind of regime will only serve to water the seeds of a future civil war in Sudan. The people of Darfur and of Sudan deserve a chance at lasting peace, which in turn requires impartial and effective justice. The international community must support the ICC and demonstrate its clear commitment to stand on the side of victims of systematic human rights violations and not to rally behind their perpetrators." iv. "Letter to African Union Member States in Advance of Kampala Summit," Human Rights Watch, 16 July 2010, http://www.hrw.org/en/news/2010/07/16/letter-african-union-member-states-advance-kampala-summit - excerpts "...In advance of the 15th African Union Summit, scheduled for July 19-27, 2010 in Kampala, we are writing to draw your attention to a few of Africa's most pressing human rights concerns and to provide input into some of the discussions that may arise around the main themes of the summit - Maternal, Infant, and Child Health and Development in Africa - and other important points on the summit's agenda. The AU summit could not come at a more critical moment. It takes place half-way through the year that the African Union has dedicated to peace and security in Africa, and that coincides with many African nations celebrating their silver jubilee of independence. This is also a season when millions of Africans from more than a dozen states have already gone, or are about to go, to the polls to elect their leaders, mirroring Africans' undiminished aspiration to democratic governance and the rule of law. The summit offers a unique opportunity for taking stock of the continent's progress and challenges, both in maternal and child health and also in the broad areas of peace and security, good governance, and human rights. ... On Addressing Peace and Security Challenges in Africa Human Rights Watch commends the AU for its ongoing efforts to address the massive peace and security challenges facing the continent. At the same time, we reiterate our call for stronger attention to issues such as civilian protection and impunity as a way both to act on the human rights dimensions of ongoing armed conflicts and ensure the sustainability of peacebuilding efforts. Sudan Six months ahead of the referendum on southern self-determination, the key milestone of the 2005 Comprehensive Peace Agreement (CPA) that will determine the political future of Sudan, the situation in Darfur still deserves greater attention from AU member states. Ongoing fighting and rights abuses across Darfur demonstrate that the war is far from over and that civilian protection needs to remain high on the African Union's agenda. Despite efforts to negotiate a new peace agreement in 2010, Sudanese government forces and allied militia continued to clash with rebel forces. Government forces used aerial bombing to target civilians and destroy civilian property in violation of international humanitarian law. Fighting among rebel factions and between rival ethnic groups has also contributed to the rise in violence. In May alone, 600 people in Darfur died as a result of various ongoing fighting, according to the African Union-United Nations Hybrid Operation in Darfur (UNAMID). However, the full impact of the fighting on civilians is not known because both the Sudanese government and the rebels have blocked access to UNAMID and humanitarian agencies. Armed gangs and bandits have also attacked peacekeepers and humanitarian organizations with impunity. As the United Nations Security Council considers the renewal of UNAMID's mandate, the 15th AU summit presents a genuine opportunity for African heads of state to press the mission to uphold the core of its mandate of protecting civilians and providing security for humanitarian operations. AU member states should also use their influence with the Sudanese government and rebel groups to grant full access to areas affected by conflict, so that UNAMID peacekeepers can fulfill these core aspects of their mandate. The AU should press the Sudanese authorities to investigate and prosecute those who have attacked peacekeepers and aid workers, or committed other serious abuses. The summit offers a chance for African leaders to revisit the issue of accountability for serious crimes committed in Darfur in violation of international law, given the recommendations issued by the AU High-level Panel on Darfur in its November 2009 report (the Mbeki Panel Report). Arrest warrants issued by the International Criminal Court (ICC) for crimes committed in Darfur remain outstanding for Sudanese president Omar al-Bashir, Ahmed Haroun, and Ali Kosheib, whose real name is Ali Mohammed Ali. In April, the ICC issued a finding of non-cooperation by the government of Sudan with respect to the execution of arrest warrants for Haroun and Kosheib, following some two years of obstruction by the Sudanese government. In July, the ICC issued a second warrant for al-Bashir, adding genocide to charges of war crimes and crimes against humanity against him. Irrespective of the AU's views on the need for deferral of the case against al-Bashir, we believe it is important for the AU to signal its respect for the ICC's independent judicial process in assessing the charges against al-Bashir. Given the AU's commitment to justice for crimes committed in Darfur, including as reflected by the work of the Mbeki Panel, calls for cooperation by the government of Sudan with the ICC are merited as well. We believe the African Union should take appropriate measures to assess the lack of progress in enacting the Mbeki panel's recommendations and to expedite implementation of these proposals to achieve justice as a precursor to lasting peace and security in Sudan. As for the referendum process, it is critical that the AU maintain neutrality on the outcome, and uphold the right to self-determination accorded to southerners under the CPA. ... The AU should also call on the southern government to end these violations and ensure accountability for abuses that occurred in the election context and in the lead-up to the referendum to ensure that the forthcoming vote is free, fair, and credible. ... On Establishing a Liaison Office of the International Criminal Court (ICC) at the African Union As we have always emphasized, AU summits should seek to advance justice for victims of human rights violations, in accordance with article 4 of the AU's Constitutive Act, which, among other things, calls for the rejection of impunity. At the ICC review conference held recently in Kampala, many African states were represented at high levels, with attendance by presidents, ministers, and attorneys-general. States also actively participated in a stocktaking exercise on international justice and made pledges to provide support to the court, including by passing domestic legislation to implement the ICC's Rome Statute. States furthermore expressed their strong commitment to the ICC and concluded a letter to the AU commission calling for the establishment of an ICC liaison office at the African Union. We strongly encourage the African Union to endorse this initiative. An ICC liaison office in Addis Ababa would assist in exchange of information between the ICC and African Union, including clarifying misunderstandings that may arise. Notably, while the July 2009 AU summit decision on the ICC called for non-cooperation with the ICC with regard to the arrest and surrender of Sudanese President Omar al-Bashir, this decision does not restrict other forms of cooperation or information exchange. In addition, we believe the establishment of a liaison office would be an important way for the African Union to demonstrate its commitment to rejecting impunity under its Constitutive Act. ... Human Rights Watch welcomes all the efforts made by the African Union and its member states to promote peace and security, good governance, and human rights on the continent. We look forward to our continuing dialogue on how best to raise Africa's profile in relation to those values...." II. RELATED NEWS AND OPINIONS II. NEWS ARTICLES i. "Al-Bashir in Chad," France 24 News, 21 July 2010 http://www.france24.com/en/aef_player_popup/france24_player (Video) ii. "Sudan's president in Chad despite arrest warrant," by Dany Padire (AP), 21 July 2010, http://www.google.com/hostednews/ap/article/ALeqM5jlkI8U2fBjRaxg79Nkfsi-Hf8_xgD9H3GQ101 "President Omar al-Bashir arrived in Chad on Wednesday for an African summit, the first time Sudan's leader has risked arrest by traveling to a member state of the International Criminal Court. Bashir faces charges of genocide and crimes against humanity for atrocities committed in Darfur. Because Chad is a member of the ICC, it could have Bashir arrested, but Sudan's government spokesman indicated he did not think that would happen. "Relations between Sudan and Chad are more important, something beyond (the fact that) Chad is a member" of the ICC, said Rabie Abdel Attie. "I don't think Chad will do anything to harm the president. There is an agreement to end hostilities." The mayor of N'djamena presented Bashir with a key the city upon his arrival, indicating a warm welcome. Government officials couldn't immediately be reached to ask whether al-Bashir might be arrested. Besides participating in a summit of the Community of Sahel-Saharan States, the Sudanese president is also expected to discuss bilateral relations including a January agreement between Sudan and Chad to end hostilities and stop supporting each other's rebel groups, Abdel Attie said..." iii. "Sudan's Bashir defies court with Chad trip," by Moumine Ngarmbassa (Reuters), 21 July 2010, http://af.reuters.com/article/worldNews/idAFTRE66K2V720100721?sp=true "Sudanese President Omar Hassan al-Bashir arrived in Chad Wednesday, his first visit to a full member state of the International Criminal Court demanding his arrest for genocide. Bashir was indicted by the ICC for war crimes and crimes against humanity in Darfur last year. This month the court added genocide to the charges, accusing him of presiding over rape, torture and murder in the remote west of Sudan. The ICC said that as a member state Chad was obliged to arrest Bashir. "The main element concerning Chad and all other member states is to implement judges' decisions and cooperate with a request for arrest," ICC representative Fadi El Abdallah said in The Hague as Bashir touched down in N'Djamena. Bashir was greeted by Chadian President Idriss Deby on his first trip abroad since the genocide warrant. Since his initial indictment, Bashir has made several trips abroad in defiance of the court. As a member of the ICC, Chad would normally be obliged to arrest a wanted man like Bashir. But it is not expected to do so in this case because the African Union has urged its members not to seize Bashir, and relations between Sudan and Chad have improved. (...) "If there was one percent of a doubt about Deby we would never let Bashir go," one source in Sudan's presidency told Reuters before Bashir's departure. Bashir is due to attend a regional summit in N'Djamena, presidential sources said. Sudan expelled two of the most prominent Chadian rebel leaders, Mahamat Nouri and Timan Erdimi, Tuesday, seen as a final concession to cement good relations ahead of the visit. iv. "AU summit: Bashir visit hangs in balance," by Edris Kiggundu (The Observer), 5 July 2010, http://www.observer.ug/index.php?option=com_content&view=article&id=9129:au-summit-bashir-visit-hangs-in-balance-&catid=34:news&Itemid=59 "The Sudanese leader, Omar el-Bashir's presence at the 15th ordinary session of the African Union Summit later this month in Kampala remains in doubt, despite being invited. Some Ugandan government officials are sending mixed signals over his suitability to attend the three-day summit, something analysts believe could scare him away. Bashir is the only sitting head of state indicted by the International Criminal Court (ICC) over alleged genocide in Darfur.... ... Under the Rome Statute, it is incumbent upon an ICC member country to arrest anyone indicted by the court if they set foot in the country, but Bashir's situation is proving to be delicate for Uganda. ... Over the years, Uganda has not had the best of relations with Sudan. ... At the same time, if Bashir were to come here and not get arrested, Uganda's reputation as a country that abides by international law would be questioned, especially after the country hosted a major ICC summit only last month. The ICC indictments have greatly limited Bashir's foreign travel, and the Sudanese leader has only traveled to countries that are not members of the ICC so far. ..." v. "Chad is obliged to arrest Bashir - ICC," Independent Online, 21 July 2010, http://www.iol.co.za/index.php?set_id=1&click_id=68&art_id=nw20100721172343298C976767 "The International Criminal Court (ICC) said on Wednesday that Chad was obliged to arrest Sudanese President Omar Hassan al-Bashir because it was an ICC member state. "The main element concerning Chad and all other member states is to implement judges' decisions and cooperate with a request for arrest," ICC representative Fadi El Abdallah said. ..." vi. "Now end this Darfur denial," by Luis Moreno-Ocampo (Guardian - UK), 15 July 2010, http://www.guardian.co.uk/commentisfree/libertycentral/2010/jul/15/world-cannot-ignore-darfur "No more excuses. No more denial. This week, the international criminal court issued an arrest warrant for three charges of genocide against the president of Sudan, Omar al-Bashir. The world once claimed ignorance of the Nazi atrocities. Fifty years later, the world refused to recognise an unfolding genocide in Rwanda. On Darfur, the world is now officially on notice. The genocide is not over. Bashir's forces continue to use different weapons to commit genocide: bullets, rape and hunger. ... The court also found that Bashir is deliberately inflicting on the Fur, Masalit and Zaghawa ethnic groups living conditions calculated to bring about their physical destruction. Millions of Darfuris are living in camps for displaced persons and, at the disposal of Bashir's forces, experiencing an ongoing genocide. ...The court's recent decision could provide a last chance for the world to react properly, to transform "never again" from a promise into a reality. Bashir will not provide the solution. He has officially denied the genocide, the rapes, the camp conditions and his responsibility for them. He announces investigations that are never conducted and makes peace agreements that result in new attacks. At the same time, he expels humanitarian aid workers, cutting off subsistence from millions of victims. He is also laying the groundwork for new crimes against Darfuris and against the south of Sudan. Bashir used Ahmad Harun, as minister of state for the interior, to co-ordinate genocidal attacks on villages; he later used Harun, as minister of state for humanitarian affairs, to control genocidal conditions in the camps. Harun's current role as governor of South Kordofan could indicate an intention to continue using him as a future crimes co-ordinator. ...As the prosecutor of the ICC, my mandate is to ensure justice for these Darfuris, the victims of genocide. Our evidence and our conclusions should be taken into consideration by the United Nations security council. The UN security council, in charge of international peace and security, referred the Darfur situation to the ICC. Today, the council is holding a debate on international peace and security, which intends to focus on Africa. The council, which extensively reviewed its failure to act in Rwanda, should grab this opportunity. Arresting a head of state requires a consensus among the political elite. It is a matter of will. If all the UN security council members are in agreement the genocide will stop, "never again" will be a reality. The Darfuris do not have the luxury of time. Their last chance is now." vii. "Why long-term ceasefires will not lead to peace and security in Sudan," by Megan Flemming (Foreign Policy), 14 July 2010, http://mideast.foreignpolicy.com/posts/2010/07/14/why_long_term_ceasefires_will_not_lead_to_peace_and_security_in_sudan "On Monday, the International Criminal Court's (ICC) Pre-Trial Chamber judges issued a second arrest warrant for Sudanese President Omar al-Bashir, this time for three counts of genocide. Darfur activist groups here in the U.S. welcomed the news while calling on world leaders to prevent the type of retaliation against the people of Darfur that Bashir masterminded after the first arrest warrant in March 2009. As the world responds to the ICC's milestone decision, it's worth highlighting why this case and the overall push for justice for Darfur is so essential and urgent: without accountability, a negotiated peace will be little more than a long-term ceasefire. Some might say the genocide warrant comes at the worst possible time. The current environment in Sudan is already tense following the recent April elections. The security situation in Darfur has deteriorated over the last few months, with some of the worst fighting, civilian causalities and displacement witnessed in the last two years. Equally troubling, jitters abound about the possibility of a return to civil war between North and South Sudan as the referendum on southern secession approaches in January 2011. In the midst of this tumultuous environment, shouldn't justice take a backseat? Wouldn't it be more important first to broker an end to the conflict in Darfur, and to prepare for the upcoming referendum? After all, both will require working with the regime in Khartoum, which responded to yesterday's ICC warrant by declaring: 'We condemn this in this [sic] strongest terms; it will only harden our resolve.' However, we need look no further than Sudan's own Comprehensive Peace Agreement (CPA), which ended its decades-long civil war, to understand the consequences of neglecting justice and accountability when negotiating 'peace.' In 2005, the parties to the CPA signed an accord that has so far successfully prevented a return to full-scale conflict. Despite decades of mass atrocities and war crimes committed by both sides, justice was barely addressed in the agreement. As a result, architects of war and perpetrators of human rights violations have remained in power in both North and South Sudan. While Darfur is the most obvious example of their continued acts of brutal repression, even the Southern government's use of authoritarian tactics during the recent national elections -- including arrests and detentions of observers, a crackdown on media, vote-rigging and intimidation documented by Human Rights Watch -- should give human rights activists some pause. ... So far, Darfur peace negotiations have fallen into the same trap of focusing on achieving a cessation of hostilities and resolving issues most important to the armed parties, such as dividing up power and wealth, while neglecting issues crucial for the civilian population, such as accountability and long term recovery..." viii. "Sudan expels two aid workers," by Andrew Heavens (Reuters/ArabNews), 15 July 2010, http://arabnews.com/middleeast/article84994.ece "Sudan expelled two aid workers Thursday, the government said, three days after the International Criminal Court issued an arrest warrant for Sudanese President Omar Bashir on genocide charges. Sudan said the expulsion of the workers from the International Organization for Migration (IOM) was not related to the genocide accusation. ..." SEE ALSO: ix. "ICC prosecutor lauds new charges against al-Bashir," by Jenny Barchfield (AP), 13 July 2010, http://www.google.com/hostednews/ap/article/ALeqM5jrYT3r-1D6JfULBiPIBZuAGZ6UjQD9GU854O0 x. "Government Accuses ICC of Seeking to Undermine Doha Peace Talks," Sudan Daily Vision, 14 July 2010, http://www.sudanvisiondaily.com/modules.php?name=News&file=article&sid=58929 xi. "Fresh fighting erupts in Darfur: rebels," AFP, 13/14 July 2010, http://www.google.com/hostednews/afp/article/ALeqM5i9JwyXprnfPL8HD9HmFxIPdb4JwA ************************************* CICC's policy on the referral and prosecution of situations before the ICC: The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to-date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts. Communications to the ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague The Netherlands
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