CYIL vol. 14 (2023)

CYIL 14 (2023) NOT JUST ANOTHER DIPLOMATIC CONFERENCE: A SUCCESSFUL CONCLUSION … 2. The (successful) Present The Diplomatic Conference was opened on 15 May 2023 in Ljubljana, upon the invitation of the Government of Slovenia and skilfully organised by its Ministry of Foreign and European Affairs, and went on until 26 May 2023. 4 The goal of the event was bold and ambitious: within the time span of 10 days, to formally negotiate, agree and adopt the MLA Convention. A total of 53 States participated in the Diplomatic Conference itself. 5 14 States participated as observers, without voting rights, 6 and representatives of a number of governmental and non-governmental international organisations, such as the United Nations (hereinafter as the “UN”), the Council of Europe, the League of Arab States, the International Red Cross, Amnesty International, REDRESS and the Asia Justice Coalition. The Government of the Czech Republic agreed to the participation of the Czech delegation in the Diplomatic Conference by its Resolution No. 341 of 10 May 2023, and given the substance of the negotiations, appointed a delegation consisting of representatives of the Ministry of Justice and the Ministry of Foreign Affairs. The Government also approved, the negotiating mandate for the conduct of the Czech delegation at the Diplomatic Conference, which contained some basic principles and preferred solutions, but at the same time gave the Czech delegation sufficient flexibility to negotiate effectively and to react to certain (unforeseen) developments. It is worth noting that a close coordination took place among the States of the so-called Slavkov (Austerlitz) trilateral cooperation group (Austria, the Czech Republic and Slovakia), 7 and their joint initiatives and efforts, as well as close engagement with the Core Group States, contributed positively to the outcomes of the Diplomatic Conference. At the opening ceremony of the Diplomatic Conference, the head of the Czech delegation, Mr Karel Dvořák, Deputy Minister of Justice, highlighted the seriousness and importance of the MLA initiative, also in the light of the ongoing Russia’s war of aggression against Ukraine. The Diplomatic Conference elected as its President Ms Silvia Fernández Portugal, Republic of Moldova, Romania, Rwanda, Saint Kitts and Nevis, Samoa, São Tome and Principe, Senegal, Serbia, Seychelles, Slovakia, Slovenia, South Africa, Spain, Suriname, Sweden, Switzerland, Togo, Trinidad and Tobago, Ukraine, United Kingdom of Great Britain and Northern Ireland, Uruguay and Viet Nam. 4 The adopted text of the MLA Convention, as well as all related documents from the Diplomatic Conference, can be found at the dedicated webpage of the Ministry of Foreign Affairs of Slovenia at: https://www.gov.si/en/ registries/projects/mla-initiative/. 5 Albania, Argentina, Australia, Austria, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Bulgaria, Czech Republic, Chile, Croatia, Denmark, Estonia, Cyprus, Côte d’Ivoire, Democratic Republic of Congo, Finland, France, Georgia, Montenegro, Guatemala, Ireland, Italy, Austria, Liechtenstein, Latvia, Lithuania, Luxembourg, Hungary, Malawi, Mongolia, Netherlands, Nigeria, Norway, Paraguay, Poland, Portugal, Romania, Rwanda, Greece, Senegal, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Ukraine, Uruguay, United Kingdom. 6 Armenia, Bahrain, Egypt, Iraq, Kuwait, Morocco, Qatar, Republic of Korea, Saudi Arabia, Sierra Leone, State of Palestine, Turkey, United States of America and Zimbabwe. 7 The ‘Austerlitz Declaration’ was signed on 29 January 2015 during the meeting of the Prime Minister of the Czech Republic Mr Bohuslav Sobotka, Prime Minister of Slovakia Mr Robert Fico and the Chancellor of Austria Mr Werner Faymann in Slavkov (Austerlitz) near Brno. The Austerlitz framework for mutual co-operation was thus launched and proved to be a valuable asset in coordinating the foreign policy of the countries involved. As one of the recent examples, the Slavkov group presented joint written and oral submissions as intervening States in the case pending before the International Court of Justice Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation: 32 States intervening) .

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