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151. Sudan: Justice, Peace and the ICC

Publication Date:
07-2009
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
The International Criminal Court (ICC) arrest warrant against President Bashir for atrocity crimes in Darfur has brought Sudan to a new decision point. The longruling National Congress Party (NCP) has defied the court, gained African Union (AU) and Arab League pressure on the Security Council to suspend the case and restricted humanitarian aid in Darfur, putting several million internally displaced persons (IDPs) and others at risk. Darfur rebels have been emboldened, reducing prospects for diplomatic progress. Simultaneously, the Comprehensive Peace Agreement (CPA) that ended the North-South civil war is unravelling. As a new U.S. special representative begins to make his mark, the international community may be ready to sacrifice the justice issue for a quick-fix deal that would ensure elections in 2010. But Sudan will have peace only when its impunity system is dismantled. The right course is to build leverage by strongly backing the ICC so as to persuade the NCP that it will only secure the deferral of Bashir's case by adopting and implementing serious reforms.
Topic:
Ethnic Conflict and Genocide
Political Geography:
Africa and Arabia

152. Soykırım Suçu ve Devletin Sorumluluğu: Uluslararası Adalet Divanı'nın Bosna-Hersek v. Sırbistan-Karadağ Kararı

Author:
Ozan Değer
Publication Date:
09-2009
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
Uluslararasi Iliskiler
Abstract:
Genocide, as an act and a violation of law, place at the top of the hierarchy of crimes and is qualified as crime of crimes. Essentially, being evaluated within the frame of international law, this crime gradually has been come within the scope of the national law. Either the conception or the crime of genocide was composed because of the massacres executed during the WWII, mainly. The basic legal arrangement about the crime was passed at 9 December 1948 and come into effect at 12 January 1951 named United Nations Convention on the Prevention and Punishment of the Crime of Genocide. Convention is obliged the states on the prevention and the punishment of the crime of genocide. Since international criminal courts/tribunals are restricted by the principle of individual criminal responsibility and the Convention incurs the obligation on states, the violation of the Convention causes the responsibility of states. This article, under the light of the conceptional and legal frame, discusses the obligations and responsibilities incur by the Convention and the dramatic judgment of the ICJ, in short, the place and situation of crime of genocide and state responsibility at the legal texts and international jurisprudences.
Topic:
Genocide and International Law
Political Geography:
Global Focus

153. La langue amère des temps nouveaux : dynamique de la violence au Rwanda rural

Author:
Emmanuel Viret
Publication Date:
08-2009
Content Type:
Working Paper
Institution:
Centre d'Etudes et de Recherches Internationales (CERI)
Abstract:
Dealing with the dynamics of rural violence under the multi-party transition (1991-1994), this paper suggests new points of view on the mobilization of Rwandan peasantry during the genocide (1994). Going through local archives and interviews held in the hills and in four prisons of the country, the analysis focuses on the increasing development of an economy of violence. The multi-party system incited competing rural elites to recruit a growing number of men and ruffians against other contenders in order to assure their access to power. Local elites (re)formed patron-client links previously dried by the spreading of money and wage incomes in the countryside. Particular attention is paid to the dimension of political entrepreneurship and to the relationship between social brokers and rural elites, in the course of the struggle between political parties as well as during the building of the Power coalitions which led the massacres locally.
Topic:
Political Violence, Democratization, Economics, and Genocide
Political Geography:
Africa

154. Scenarios for Sudan: Avoiding Political Violence Through 2011

Author:
Alan Schwartz
Publication Date:
08-2009
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Absent a change in current trends, further political violence in Sudan will be hard to avoid. Lack of governance capacity in the South and failure to resolve key issues between the North and South are important factors that can lead to political violence surrounding the referendum, slated for 2011, on whether the South secedes or remains part of a united Sudan. The parties need a shared sense of confidence about post-2011 futures. The North should be encouraged to cooperate in the referendum process and accept the outcome. The Government of Southern Sudan (GOSS) should devote more energy and resources to governance and service delivery rather than building military capability. The international community needs an assistance strategy focused on enhancing the GOSS's capacity to deliver services through local governments. The United States and the international community should pressure and assist the parties to promptly pass referendum legislation and address fundamental issues (e.g., oil and boundaries) before the referendum.
Topic:
Conflict Resolution, Political Violence, Genocide, Human Rights, and Armed Struggle
Political Geography:
Africa, United States, Sudan, and Arabia

155. The Responsibility to Protect (RtoP) and Genocide Prevention in Africa

Author:
Jenna Slotin, Castro Wesamba, and Teemt Bekele
Publication Date:
06-2009
Content Type:
Working Paper
Institution:
International Peace Institute (IPI)
Abstract:
Within the United Nations, the concept of the responsibility to protect (RtoP) has regained considerable momentum after nearly two years of stasis following the 2005 World Summit. Outside the corridors of the world body, discussions about RtoP and its application to specific regional situations, as well as the mandate of the Special Adviser on the Prevention of Genocide, one of the crimes specified in the Summit's Outcome Document, are still at a nascent stage. In order to contribute to rectifying this imbalance, the International Peace Institute, the UN Office of the Special Adviser on the Prevention of Genocide, and the InterAfrica Group convened an expert roundtable on “The Responsibility to Protect and Genocide Prevention in Africa” in Addis Ababa, Ethiopia, on October 23 and 24, 2008.
Topic:
Genocide, Human Rights, and Regional Cooperation
Political Geography:
Africa, United Nations, and Ethiopia

156. Intervention to Stop Genocide and Mass Atrocities: International Norms and U.S. Policy

Author:
Matthew C. Waxman
Publication Date:
10-2009
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
The collective international failure to stop genocidal violence and result - ing humanitarian catastrophe in Sudan prompts the familiar question of whether the United States or, more broadly, the international community has the political will and capabilities necessary to deter or stop mass atrocities. It is well understood that mobilizing domestic and international political support as well as leveraging diplomatic, economic, and maybe even military tools are necessary to stop mass atrocities, though they may not always be enough. Other studies have focused, therefore, on what steps the United States and its international partners could take to build capabilities of the sort needed to prevent, stop, and remedy these crimes. This report approaches the problem from a different angle and asks whether the current international legal regime with regard to the use of military force—that is, international law regulating the resort to armed intervention—is appropriate and effective in deterring and stopping mass atrocities.
Topic:
Foreign Policy, Genocide, and Humanitarian Aid
Political Geography:
United States and Sudan

157. Making Anti-Corruption Regulation Effective for the Private Sector

Publication Date:
09-2009
Content Type:
Policy Brief
Institution:
Transparency International
Abstract:
A comprehensive regulatory framework for the private sector is a prerequisite for a transparent, honest and just society: where regulation is weak, corruption risks grow strong. As the primary rule makers and enforcers, governments have a responsibility to ensure the effective regulation of markets, protection of citizens and enforcement of laws. Ultimately, an inadequate or unstable regulatory framework for the private sector — without the will, power or resources to enforce legislation — facilitates the marginalisation of stakeholder rights, distortion of markets and negligent or corrupt practices.
Topic:
Security, Corruption, Genocide, Markets, and Law
Political Geography:
Russia, United Kingdom, and Brazil

158. Strengthening Corporate Governance to Combat Corruption

Publication Date:
03-2009
Content Type:
Policy Brief
Institution:
Transparency International
Abstract:
The collapse of global financial markets in September 2008 has ignited a debate on what caused their quick undoing. As captured in the comments of the OECD Secretary-General, there is a growing sentiment that poor corporate governance is one of the forces to blame. It allowed the transparency, accountability and integrity of companies to be compromised and for abuses to go unchecked, particularly on matters of corruption.
Topic:
Corruption, Genocide, Markets, and Financial Crisis

159. Disaster in the DRC: Responding to the Humanitarian Crisis in North Kivu

Author:
Catherine Morris and Go Funai
Publication Date:
12-2008
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
This USIPeace Briefing discusses a recent event that focused on human security implications of resurgent violence which left hundreds dead, thousands displaced and millions destitute in North Kivu province in the Democratic Republic of the Congo. The conclusions and recommendations from this event highlight the importance of going beyond traditional short-term humanitarian interventions to adopt more comprehensive and sustainable solutions that effectively balance security and development.
Topic:
Conflict Resolution, Security, Political Violence, Ethnic Conflict, Genocide, Humanitarian Aid, and War
Political Geography:
Africa and Democratic Republic of the Congo

160. Sarkozy og Vichy-syndromet

Author:
Cecilie Felicia Stokholm Banke
Publication Date:
12-2008
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
Den franske præsident gjorde sig i begyndelsen af 2008 bemærket med sit forslag om Holocaust-undervisning for alle børn i 10-års alderen. Men Frankrig har længe været foregangsland for bevarelsen af mindet om Holocaust. Sarkozy gør reelt, hvad andre regeringsledere har gjort før ham. Han inddrager Holocaust – Shoah – i sin egen politiske strategi. Og det siger mere om, hvilken betydning mindet om Holocaust har i den internationale politiske kultur, end det siger om Sarkozy.
Topic:
Education, Genocide, and Politics
Political Geography:
Europe