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61. The International Residual Mechanism and the Legacy of the International Criminal Tribunals for the former Yugoslavia and Rwanda

Author:
Gabrielle Bardall
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
By Security Council Resolution 1966 (2010), the Security Council established the International Residual Mechanism for Criminal Tribunals as the legal successor to the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. In the creation of the Residual Mechanism, the Security Council appears to have intended to ensure the continuation of the work of the Tribunals and thereby safeguard their legacies. Accordingly, the Statute of the Residual Mechanism continues the jurisdiction of the Tribunals, mirrors in many respects the structures of the Tribunals, and ensures that the Residual Mechanism's Rules of Procedure and Evidence are based on those of the Tribunals. However, the Statute of the Residual Mechanism is silent with regard to the weight the Judges of the Residual Mechanism must accord to ICTY and ICTR judicial decisions. While there is no doctrine of precedent in international law or hierarchy between international courts, this omission by the Security Council does have the potential to negatively impact the legacies of the Tribunal by allowing for departures by the Residual Mechanism from the jurisprudence of the Tribunals, which lead to similarly situated persons being dissimilarly treated. Nevertheless, even if the Residual Mechanism does adopt the jurisprudence of the Tribunals as its own, as a separate legal body it will still have to answer constitutional questions regarding the legitimacy of its establishment by the Security Council. While it can be anticipated that the Residual Mechanism will find itself validly constituted, the wisdom of the Security Council's decision to artificially end the work of the Tribunals by the establishment of the Residual Mechanisms will ultimately turn upon the question of whether any inherent unfairness could be occasioned to persons whose proceedings are before the Residual Mechanism. It will be suggested that the Security Council has provided the Residual Mechanism with sufficient tools to ensure that its proceedings are conducted in para passu with those of the Tribunals and that the responsibility of ensuring the highest standards of international due process and fairness falls to the Judges of the Residual Mechanism.
Topic:
Security
Political Geography:
Yugoslavia and Rwanda

62. Great Expectations: UN Peacekeeping, Civilian Protection, and the Use of Force

Author:
Alan Doss
Publication Date:
12-2011
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
The proliferation of intra-state conflicts in the post-Cold War era has led to a substantial increase in the number of United Nations (UN) peacekeeping operations, resulting in the creation of forty-eight peacekeeping missions since 1990. The unprecedented challenges faced in the 1990's – and in particular, the failures in Rwanda, Srebrenica, and Somalia – obliged the UN to revisit and rethink its peacekeeping strategies.
Topic:
Conflict Prevention, Security, Cold War, United Nations, and Peacekeeping
Political Geography:
Rwanda and Somalia

63. Disrupting the Supply Chain for Mass Atrocities

Publication Date:
07-2011
Content Type:
Policy Brief
Institution:
Human Rights First
Abstract:
Mass atrocities are organized crimes. Those who commit genocide and crimes against humanity depend on third parties for the goods and services—money, matériel, political support, and a host of other resources—that sustain large-scale violence against civilians. Third parties have supplied military aircraft used by the Sudan Armed Forces against civilians, refined gold and other minerals coming out of eastern Democratic Republic of the Congo, and ensured a steady flow of arms into Rwanda. Governments seeking to prevent atrocities cannot afford a narrow and uncoordinated focus on the perpetrators of such violence. Rather, an effective strategy must include identifying and pressuring third-party enablers— individuals, commercial entities, and countries—in order to interrupt the supply chains that fuel mass violence against civilians.
Topic:
Political Violence, Crime, Ethnic Conflict, Genocide, Human Rights, and Human Welfare
Political Geography:
Africa, Democratic Republic of the Congo, and Rwanda

64. Full Issue

Author:
Sefi Atta, Kathleen Stassen Berger, Jacqueline Copeland Carson, Kinuthia Macharia, and Femi Ojo-Ade
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
Ìrìnkèrindò: A Journal of African Migration
Institution:
Ìrìnkèrindò: a Journal of African Migration
Abstract:
CONTENTS Articles Independence Day — Sefi Atta....................................................................................................... 1 Immigration, Psychosocial Development: Implications for Africa and the US — Kathleen Stassen Berger ................................................................................................................. 30 “Africa” in Minnesota: New Models of Translocal Culture — Jacqueline Copeland Carson . 60 Criminal Convictions That Can Cause Non-U.S. Citizen Removal From The United States — Oláyínká Dánsàlámì ........................................................................................................ 71 African Immigrants in the Washington DC Metropolitan Area: Immigration Waves and Community Building — Kinuthia Macharia ................................................................... 79 Living In Paradise?: Africans In America— Femi Ojo-Ade ...................................................... 111 Rotatory Credit Schemes: A Comparative Analysis of an African Traditional Economic Institution in Contemporary Africa and its Diaspora — Iheanyi N. Osondu ................ 138 Oromo African Immigrants’ Experiences with Child Care — Deborah Ceglowski, Jaesook Gilbert, Greg Wiggan, Tekla Johnson, and Rosemary Traore ...................................... 166 Return Migration to Asmara, Eritrea: Readjustment Challenges — Berhane Keleta Chirum .. 221 Book Reviews Creating Africa in America: Translocal Identity in an Emerging World City — Jacqueline Copeland-Carson............................................................................................................ 245 Embracing the Infidel: Stories of Muslim Immigrants on the Journey West — Terri Bennett . 254 Film Reviews J’y Crois - I Believe in it: The Road to Decentralization in Mali, 2004 — Ekerete Udoh ........ 256 In Rwanda We Say…The Family That Does Not Speak Dies, 2004 — Ekerete Udoh ............ 258 The Price of Aid, 2004 — Ekerete Udoh .................................................................................. 260
Topic:
Migration, Diaspora, Immigration, Film, Credit, Identity, and Child Care
Political Geography:
Africa, Rwanda, Eritrea, Mali, and United States of America

65. The Future of Peacekeeping in Africa and the Normative Role of the African Union

Author:
Charles Riziki Majinge
Publication Date:
08-2010
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
While it has been the responsibility of the United Nations to conduct peacekeeping operations on the continent, the trend is gradually changing. African Union and its regional organizations (RECs) are increasingly assuming responsibility of securing peace and stability on the continent. Many reasons militate in favour of this trend. Chiefly the unwillingness of the United Nations Security Council and of the developed countries to intervene timely and adequately to avert humanitarian catastrophes as happened in Rwanda, Southern Sudan and Angola. Furthermore, the desire of Africa to take steps to address its own problems without heavily relying on assistance from the international community whose availability is neither assured nor sufficient. This contribution argues that Africa can no longer expect the international community to shoulder the burden of peacekeeping in some of the most intractable conflicts on the continent without taking steps to participate actively in the process itself. While Africa has expressed its desire to address its own problems through the vision of “African solutions for African Problems”, African leaders must show greater willingness to fund and strengthen institutions they establish to carry out this vision. Lastly, the paper contends that the international community, especially the developed states, should take genuine and adequate measures to assist Africa realize its vision. A strong African Union capable of securing peace and stability on the continent is in the best interests not only of Africa but also of the international community as a whole.
Political Geography:
Africa, Sudan, Rwanda, and Angola

66. (Re) Covering the Past, Remembering the Trauma: The Politics of Commemoration at Sites of Atrocity.

Author:
Lisa M. Moore
Publication Date:
05-2010
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
A recent survey of victims of violence reported that memorialization was prioritized as the second most valuable form of state reparations following monetary compensation (Brett, et al 2008, 2). In part, it is perhaps this impetus to bear witness to the suffering of victims that has given rise to a proliferation of memorials in recent decades, including those marking genocide in Rwanda, Cambodia, and Bosnia, violent repression in Argentina and Chile, wars of liberation in Bangladesh and Palestine, nuclear disaster at Chernobyl, and terrorism in Madrid and New York. As a form of transitional justice, memorials have too often been relegated to the domain of artists and architects whereas they represent a strategic resource in conflict and peace.
Topic:
Genocide, Terrorism, and War
Political Geography:
Bangladesh, New York, Bosnia, Argentina, Palestine, Cambodia, Rwanda, and Chile

67. The Experience of Medium-Term Expenditure Framework and Integrated Financial Management Information System Reforms in Sub-Saharan Africa: What is the Balance Sheet?

Author:
Mfandaedza Hove and Andy Wynne
Publication Date:
01-2010
Content Type:
Working Paper
Institution:
The African Capacity Building Foundation (ACBF)
Abstract:
A Medium Term Expenditure Framework (MTEF) and an Integrated Financial Management Information System (IFMIS) are two of the standard reforms promoted and supported by the World Bank and other aid agencies in almost every country in Sub-Saharan Africa. This paper provides a balance sheet of the relative success, or otherwise, of these reforms over the last decade. The aims and objectives of the MTEF and the IFMIS are outlined, indicating the initial hopes for these reforms and the increasingly strident warnings that this promise was not being delivered. The paper then argues that it was the economic problems across Sub-Saharan Africa, especially in the late 1970s and early 1980s, resulting from external events, which led to a worsening of the quality of financial management and governance. This contrasts with the dominant view that it is poor governance that is holding back economic development across the continent. This leads to considerations of effective alternative approaches; the need for real country led reforms which build on the particular existing public sector financial management system in each country; and puts a priority on basic internal financial controls and reforms which have been clearly proved to be successful in similar environments.
Topic:
Debt, Reform, Public Sector, and Financial Management
Political Geography:
Africa, Rwanda, and Sub-Saharan Africa

68. Pulling the Stops on Genocide: The State or the Individual?

Author:
Amabelle C. Asuncion
Publication Date:
11-2009
Content Type:
Journal Article
Abstract:
The International Court of Justice's decision on the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) has exposed the unforeseen irony in the international consensus on the singular distinction of genocide as the crime of crimes. Defying expectations, this classification coupled with the conception of a 'civil genocide' has magically transformed into a legal shield which protects states from responsibility even as individual convictions are being handed down. Yet, the history of the Genocide Convention easily recalls the objective of preventing the commission of genocide by states and individuals alike. This article thus ponders on the virtue of seeking recourse under the Genocide Convention – whether against the state or the individual. In traversing this inquiry, it embarks on a comparative analysis of selected case law from the International Criminal Tribunal of Yugoslavia, the International Criminal Tribunal of Rwanda, and the International Court of Justice. As it uncovers a counterintuitive clash of jurisprudential outcome and a widening gap between the ideal and the real, the article identifies the legal bolts which need to be adjusted so that the genocide stops can be pulled in the right direction.
Topic:
History
Political Geography:
Yugoslavia and Rwanda

69. Spoiling Inside and Out: Internal Political Contestation and the Middle East Peace Process

Author:
Wendy Pearlman
Publication Date:
03-2009
Content Type:
Journal Article
Journal:
International Security
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
Of the thirty-eight peace accords signed between 1988 and 1998, thirty-one failed to last more than three years. Contributing to their failure was the behavior of so-called spoilers: those who use violence or other means to undermine negotiations in the expectation that a settlement will threaten their power or interests. The stakes for understanding spoiler behavior are high. Where parties kept spoilers at bay, such as in Guatemala and South Africa, years of bloody conflict gave way to successful transitions to peace and democracy. Where spoilers proved triumphant, such as in Angola and Rwanda, the violence ensuing after a peace accord failed was more horrific than what had preceded it.
Political Geography:
Middle East, South Africa, Rwanda, Angola, and Guatemala

70. Pious Words, Puny Deeds: The "International Community" and Mass Atrocities

Author:
Rajan Menon
Publication Date:
09-2009
Content Type:
Journal Article
Abstract:
Most of the large-scale violence in the world will continue to occur within societies rather than between or among states. Yet the international community still has not developed the ethical-legal consensus or the institutions required to manage this terrible problem.
Political Geography:
Iraq, Bosnia, Democratic Republic of the Congo, Cambodia, and Rwanda