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31. R2P Monitor, Issue 26, 15 March 2016

Author:
Global Centre for the Responsibility to Protect
Publication Date:
03-2016
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 26 looks at developments in Syria, Iraq, Yemen, Sudan, Burma/Myanmar, Lake Chad Basin (Cameroon) (Nigeria), Democratic Republic of the Congo, Burundi, Central African Republic, South Sudan, and Libya.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Iraq, Sudan, Libya, Yemen, Democratic Republic of the Congo, Syria, Nigeria, Burundi, Myanmar, South Sudan, Cameroon, and Central African Republic

32. R2P Monitor, Issue 25, 20 January 2016

Author:
Global Centre for the Responsibility to Protect
Publication Date:
01-2016
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 25 looks at developments in Syria, Iraq, Yemen, Sudan, Burma/Myanmar, Lake Chad Basin (Cameroon) (Nigeria), Burundi, Central African Republic, South Sudan, Democratic Republic of the Congo and Libya.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Iraq, Sudan, Libya, Yemen, Democratic Republic of the Congo, Syria, Nigeria, Burundi, Myanmar, South Sudan, Cameroon, and Central African Republic

33. Relevance of the law of international organisations in resolving international disputes: A review of the AU/ICC impasse

Author:
Mba Chidi Nmaju
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The paper examines the legal nature of the dispute between the International Criminal Court (ICC) and the African Union (AU), and observes that the core issue revolves around the arrest warrant issued by the Court for Al-Bashir. Therefore, it locates this to be within a legal rather than political impasse. The paper argues that the general rules of the law of international organisations may provide the key to resolving the impasse. And that accordingly, the general principles of the regime of international law point to the interpretation of the provisions of the constitutions of the two international organisations to identify the extent to which they were empowered to make the decisions that resulted in the dispute. The provisions of the Rome Statute on immunity are identified as providing the key to the resolution. Therefore the interpretation of the Statute on the immunity of certain state officials is important. The paper argues that accordingly the ICC should change its approach to the arrest of certain officials in order to prevent facilitating the violation of the customary principles of diplomatic immunity in international law – which should have also been codified in treaties. Such an interpretation of the Rome Statute would indicate that states should exercise caution in arresting a sitting Head of State such as Sudanese President Al-Bashir until such a time that he leaves office or that Sudan waives his immunity.
Topic:
International Law, International Organization, International Criminal Court (ICC), African Union, and Omar al-Bashir
Political Geography:
Africa and Sudan

34. Justice Beyond The Hague: Supporting the Prosecution of International Crimes in National Courts

Author:
David A. Kaye
Publication Date:
06-2011
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
For nearly two decades, the United Nations has created international criminal tribunals to punish those responsible for war crimes, crimes against humanity, and genocide. Since the early 1990s the United States has strongly supported the UN tribunals for Rwanda and the former Yugoslavia and hybrid UN/national courts for Sierra Leone and Cambodia. The era of court-building culminated in the 1998 adoption, over U.S. objections, of a treaty to establish a permanent International Criminal Court (ICC) in The Hague. These international courts have brought dozens of perpetrators to justice, and the UN Security Council's requests that the ICC investigate the situations in Sudan (2005) and Libya (2011) show that policymakers across the spectrum, in the United States and abroad, believe that accountability-that is, bringing individuals to justice for committing atrocities-can be an important tool to combat war crimes, crimes against humanity, and genocide. Yet as important as these courts are, atrocities occur in places beyond their reach, and even where international courts investigate and prosecute, they lack the capacity to try all but a handful of the thousands of perpetrators of the worst international crimes.
Topic:
Crime, Genocide, International Cooperation, and International Law
Political Geography:
United States, Sudan, Libya, Yugoslavia, and Cambodia

35. 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

36. Giving Meaning to "Never Again": Seeking an Effective Response to the Crisis in Darfur and Beyond

Author:
Cheryl Igiri and Princeton M. Lyman
Publication Date:
09-2004
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
April 2004 marked ten years since genocide ravaged Rwanda. The anniversary recalls the horrific way in which some 800,000 Rwandans lost their lives and serves as an unforgettable reminder of the international community's failure to prevent that genocide. This failure pervades the current consciousness as the tenor rises over how to react to credible reports of ethnic cleansing in Sudan.
Topic:
Security, Genocide, and International Law
Political Geography:
Sudan, North Africa, and Rwanda