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131. Deterrence, Democracy, and the Pursuit of International Justice

Author:
Leslie Vinjamuri
Publication Date:
06-2010
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
In recent years efforts to hold the perpetrators of mass atrocities accountable have become increasingly normalized, and building capacity in this area has become central to the strategies of numerous advocacy groups, international organizations, and governments engaged in rebuilding and reconstructing states. The indictment of sitting heads of state and rebel leaders engaged in ongoing conflicts, however, has been more exceptional than normal, but is nonetheless radically altering how we think about, debate, and practice justice. Arrest warrants for Sudanese president Omar Hassan Ahmad al-Bashir, Liberian president Charles Taylor, and the leader of the Lord's Resistance Army in Uganda, Joseph Kony, have not only galvanized attention around the role of international justice in conflict but are fundamentally altering the terms of debate. While a principled commitment continues to underpin advocacy for justice, several court documents and high-profile reports by leading advocacy organizations stress the capacity of international justice to deliver peace, the rule of law, and stability to transitional states. Such an approach presents a stark contrast to rationales for prosecution that claim that there is a moral obligation or a legal duty to prosecute the perpetrators of genocide, crimes against humanity, and war crimes. Instead, recent arguments have emphasized the instrumental purposes of justice, essentially recasting justice as a tool of peacebuilding and encouraging proponents and critics alike to evaluate justice on the basis of its effects.
Topic:
Crime, Genocide, Government, and War
Political Geography:
Uganda and Sudan

132. The International Criminal Court in Africa: challenges and opportunities

Author:
Makau Mutua
Publication Date:
09-2010
Content Type:
Working Paper
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Norway's five-year experience as the lead nation of the Provincial Reconstruction Team This policy paper is a practically-oriented comparative analysis of the work of the International Criminal Court in Kenya, Uganda, Sudan, and the Central African Republic, and the policy implications for its work for Norway, States Parties, civil society, and key states. The paper argues that all actors, including Norway, should more seriously engage these African states – and key stakeholders within them – to facilitate the work of the ICC to stem impunity. Without such support, the paper concludes, the ICC's objectives in Africa will not be realised.
Topic:
Crime, Genocide, Human Rights, International Law, and Law
Political Geography:
Uganda, Kenya, Africa, Sudan, and Norway

133. Secession and Precedent in Sudan and Africa

Author:
Jon Temin
Publication Date:
11-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
African leaders have recently expressed concern that the possible division of Sudan may lead to a domino effect of other secessions on the continent—but closer analysis questions how likely this may be.
Topic:
Conflict Resolution, Territorial Disputes, and Sectarianism
Political Geography:
Africa and Sudan

134. Why Sudan's Popular Consultation Matters

Publication Date:
11-2010
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Largely unnoticed outside the region, the Sudanese states of Southern Kordofan and Blue Nile have begun the Comprehensive Peace Agreement (CPA)–mandated process of popular consultation, which permits Southern Kordofan and Blue Nile to either adopt the CPA as the final settlement between the two states and the Government of Sudan (GoS) or renegotiate the CPA to remedy any shortcomings and reach a final settlement. The first phase of the popular consultation process involves civic education campaigns to inform the two states' populations of the contents of the CPA and the issues at stake. The second phase is the consultations themselves, which are to be conducted by a commission in each state. The results of the consultations will be reported to the state assemblies and inform the positions taken by the states during negotiations with the central government. A successful popular consultation could begin to transform Sudanese politics by realigning political interests from political parties to the states and could provide a test case for new governance structures between the center and the states. A neglected or mismanaged process could destabilize not just Southern Kordofan and Blue Nile, but all of Sudan. The international community can contribute to a successful process through financial assistance, monitoring and reporting, promoting reconciliation within the population, and engaging directly with Khartoum and Juba to smooth negotiations. It might also anticipate possible procedural challenges and prepare to engage in creative and quiet diplomacy should the need arise.
Topic:
Conflict Resolution, Civil Society, Democratization, and Treaties and Agreements
Political Geography:
Africa and Sudan

135. Caught in the Middle: China and India in Sudan's Transition

Author:
Daniel Large and Luke Patey
Publication Date:
11-2010
Content Type:
Working Paper
Institution:
Danish Institute for International Studies
Abstract:
Sudan is at an important, historic moment. The upcoming referendum vote may very likely result in the South becoming an independent state. Since the landmark signing of the Comprehensive Peace Agreement in 2005, China, and to a lesser extent India, have become even more important political and economic partners of the ruling National Congress Party in Khartoum. Generally, commentaries and studies covering China and India's relations with Sudan focus on their interactions with the central government in Khartoum. However, this paper finds that both have also followed a necessary hedging strategy by establishing quasi-diplomatic relations with the Sudan People's Liberation Movement-run Government of Southern Sudan in Juba. Both have expanded economic and political relations beyond investment in Sudan's oil sector and beyond merely engaging Khartoum. Chinese and Indian engagement with the GOSS in Juba marks a major shift in policy from dealing exclusively with the central government. The adaptation of both to political developments, however, does not leave them invulnerable to present uncertainties revolving around Sudan's potential split. Due to its economic role in Sudan, China in particular is in a unique position to promote a peaceful transition.
Topic:
Democratization, Diplomacy, Peace Studies, Treaties and Agreements, Territorial Disputes, and Peacekeeping
Political Geography:
Africa, China, Sudan, and India

136. Negotiating Sudan's North-South Future

Publication Date:
11-2010
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Sudan's fragile Comprehensive Peace Agreement (CPA) is entering its final phase, and a critical vote on Southern self-determination looms, but foundations for a constructive post-referendum relationship are yet to be laid. In addition to a handful of outstanding CPA items, future arrangements on citizenship and nationality, natural resource management (oil and water), currency, assets and liabilities, security and international treaties must be negotiated, regardless of the referendum's outcome. Many in Sudan and abroad are focused on ensuring the referendum exercise takes place on 9 January as planned. But simultaneously pursuing agreement on the broader postreferendum agenda is not only critical for a peaceful transition and long-term regional stability, but may also serve the more immediate objective of clearing the path for a mutually accepted referendum.
Topic:
Conflict Resolution, Civil War, and Treaties and Agreements
Political Geography:
Africa and Sudan

137. Sudan: Fulfilling the Responsibility to Protect

Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
Sudan stands today at a precipice. In 100 days the South will hold a referendum on self-determination with a vote for independence expected. Extensive early warnings exist indicating a real threat of the commission of mass atrocities surrounding the referendum, with those populations most at risk already identified. This threat looms while intertribal violence in the South is rising; conflict in Darfur persists; attacks by the Lord's Resistance Army (LRA) in Central and Western Equatorial states continue unabated; and a return to war in the South is a possibility.
Topic:
Conflict Resolution, Ethnic Conflict, Genocide, and Religion
Political Geography:
Africa and Sudan

138. Why is violence escalating in Southern Sudan?

Author:
Øystein Rolandsen
Publication Date:
02-2010
Content Type:
Policy Brief
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Despite the signing of the Comprehensive Peace Agreement 9 January 2005, which formally ended the 22-year civil war in Southern Sudan, the frequency and severity of local conflicts increased during 2009. These conflicts are threatening the stability of the South, and ultimately the peace process itself. Widespread insecurity will also make it difficult to hold the planned national elections in April and the 2011 referendum on secession. Land and natural resources are increasingly contested in Southern Sudan and these issues trigger and fuel local violence. The return of internally displaced persons and refugees is also a source of controversy. In addition, partially incompatible interpretations of the Sudan People's Liberation Movement/Army policy of “land belongs to the people” combined with institutional fragmentation further complicate the situation.
Topic:
Conflict Resolution, Political Violence, Ethnic Conflict, and Peace Studies
Political Geography:
Africa, Sudan, and South Sudan

139. Renewed Conflict in Sudan

Author:
Katherine J. Almquist
Publication Date:
03-2010
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
Sudan faces the prospect of renewed violence between north and south over the next twelve to eighteen months. Under the terms of the 2005 Comprehensive Peace Agreement (CPA) that ended Sudan's bloody civil war, which claimed two million lives and displaced four million more, a referendum in southern Sudan must be held by January 2011 to determine whether it remains united with the north or secedes from it. Given that popular sentiment in the south overwhelmingly favors secession, two basic scenarios are conceivable: the south secedes peacefully through a credible referendum process, or the CPA collapses and the south fights for independence. There is no scenario in which the south remains peacefully united with the north beyond 2011. Further complicating prospects for averting renewed violence are the ongoing conflict in Darfur and potential conflicts in other marginalized areas of the north. The violent secession of the south would hinder efforts to resolve these conflicts, as well as increase the prospect for greater internecine fighting among historic rivals in the south. The resulting significant loss of life and widespread political unrest would threaten regional stability and challenge U.S. interests in Africa.
Topic:
Ethnic Conflict, Islam, Armed Struggle, and Counterinsurgency
Political Geography:
Africa, United States, and Sudan

140. Rigged Elections in Darfur and the Consequences of a Probable NCP Victory in Sudan

Publication Date:
03-2010
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
The principal preoccupation of the ruling National Congress Party (NCP) is to win the elections now scheduled for 11-13 April 2010. It has manipulated the census results and voter registration, drafted the election laws in its favour, gerrymandered electoral districts, co-opted traditional leaders and bought tribal loyalties. It has done this all over Sudan, but especially in Darfur, where it has had freedom and means to carry out its strategy, since that is the only region still under emergency rule. Because of the fundamentally flawed process, the international community, working closely with the African Union High Level Implementation Panel for Sudan (AUHIP), should acknowledge that whoever wins will likely lack legitimacy; press for Darfur peace talks to resume immediately after the elections; insist that any Darfur peace deal provides for a new census, voter registration and national elections; and lay the groundwork for a peaceful referendum on southern self-determination and post referendum North-South relations.
Topic:
Corruption, Democratization, and Ethnic Conflict
Political Geography:
Africa and Sudan