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5981. Who's Afraid of the International Criminal Court?

Author:
David A. Kaye
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
Last February, soon after Libyan leader Muammar al-Qaddafi unleashed his forces against civilian protesters, the United Nations Security Council unanimously voted to refer the situation in Libya to the International Criminal Court. Days later, the ICC's chief prosecutor, Luis Moreno-Ocampo, announced the launch of an investigation of members of the Qaddafi regime, promising, "There will be no impunity in Libya." With the UN Security Council injecting the court into one of the year's biggest stories, the ICC may seem to have become an indispensable international player. It already is looking into some of the gravest atrocities committed in recent decades -- in the Democratic Republic of the Congo, Sudan, and Uganda, among others -- and its investigation into the 2007 election-related violence in Kenya is shaking up that country's elite. But a closer look suggests that the ICC's sleek office building on the outskirts of The Hague houses an institution that is still struggling to find its footing almost a decade after its creation. The court has failed to complete even one trial, frustrating victims as well as the dozens of governments that have contributed close to $1 billion to its budget since 2003. The ICC's first trial was nearly dismissed twice. Its highest-profile suspects -- Sudanese President Omar al-Bashir and Joseph Kony, the leader of the Lord's Resistance Army (LRA), the rebel group that has terrorized northern Uganda and neighboring areas -- have thumbed their noses at the court and are evading arrest. And with all six of the ICC's investigations involving abuses in Africa, its reputation as a truly international tribunal is in question.
Topic:
Security and United Nations
Political Geography:
Uganda, Sudan, Libya, and Democratic Republic of the Congo

5982. Recalibrating Homeland Security

Author:
Stephen Flynn
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
The United States has made a mess of homeland security. This is hardly surprising. The policymakers responsible for developing homeland security policy in the wake of September 11, 2001, did so under extraordinary conditions and with few guideposts. The Bush administration's emphasis on combating terrorism overseas meant that it devoted limited strategic attention to the top-down law enforcement and border-focused efforts of the federal departments and agencies assigned new homeland security responsibilities. President Barack Obama has largely continued his predecessor's policies, and congressional oversight has been haphazard. As a result, nearly a decade after al Qaeda struck the World Trade Center and the Pentagon, Washington still lacks a coherent strategy for harnessing the nation's best assets for managing risks to the homeland -- civil society and the private sector. For much of its history, the United States drew on the strength of its citizens in times of crisis, with volunteers joining fire brigades and civilians enlisting or being drafted to fight the nation's wars. But during the Cold War, keeping the threat of a nuclear holocaust at bay required career military and intelligence professionals operating within a large, complex, and highly secretive national security establishment. The sheer size and lethality of U.S. and Soviet nuclear arsenals rendered civil defense measures largely futile. By the time the Berlin Wall came down and the Soviet Union collapsed, two generations of Americans had grown accustomed to sitting on the sidelines and the national security community had become used to operating in a world of its own. To an extraordinary extent, this same self-contained Cold War-era national security apparatus is what Washington is using today to confront the far different challenge presented by terrorism. U.S. federal law enforcement agencies, the border agencies, and the Transportation Security Administration (TSA) are subsumed in a world of security clearances and classified documents. Prohibited from sharing information on threats and vulnerabilities with the general public, these departments' officials have become increasingly isolated from the people that they serve.
Topic:
Cold War and Development
Political Geography:
United States, Washington, and Soviet Union

5983. What is Totalitarian Art?

Author:
Kanan Makiya
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
Igor Golomstock's encyclopedic tome on the art produced in the Soviet Union, Nazi Germany, Fascist Italy, and communist China makes a good case that totalitarian art is a distinct cultural phenomenon. But a new postscript on art under Saddam Hussein is less compelling, writes a former Iraqi dissident.
Topic:
Government
Political Geography:
China, Iraq, Soviet Union, Germany, and Italy

5984. Progress and the Past

Author:
Peter Hakim
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
No abstract is available.
Political Geography:
China, America, Brazil, Latin America, Syria, Venezuela, and Bolivia

5985. The Impending Squeeze

Author:
Tim W. Ferguson, Charles B. Heck, and Mitchell W. Hedstrom
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
ESSAY American Profligacy and American Power Roger C. Altman and Richard N. Haass The U.S. government is incurring debt at an unprecedented rate. If U.S. leaders do not act to curb their debt addiction, then the global capital markets will do so for them, forcing a sharp and punitive adjustment in fiscal policy. The result will be an age of American austerity. Would you like to leave a comment? 1CommentsJoin To the Editor: Roger Altman and Richard Haass ("American Profligacy and American Power," November/December 2010) persuasively argue that continued American profligacy promises to undermine American power. But the situation is even more urgent than they suggest. Although Altman and Haass expect markets to remain calm "possibly for two or three years," the rising price of gold suggests otherwise. Gold has risen from $460 per ounce to $1,400 per ounce in the last five years -- representing a 67 percent devaluation of the U.S. dollar per unit of gold. As former U.S. Federal Reserve Chair Alan Greenspan has said, gold is "the ultimate means of payment." Moreover, on top of new government debt over the next several years, maturing existing debt will need to be refinanced. At 4.6 years, the average maturity of the U.S. federal debt held by the public (debt that now totals $9.1 trillion) is tight relative to, for instance, the average maturity of 13.5 years for British government debt. According to the International Monetary Fund, the maturing debt of the U.S. government will equal 18.1 percent of U.S. GDP during 2011 alone. Altman and Haass rightly note that the U.S. government's annual interest expense will rise dramatically as its stock of debt increases and interest rates inevitably rise. Further debt increases would substantially darken the fiscal outlook for the federal government. And even a relatively small rise in interest rates would have a significant impact. TIM W. FERGUSON Editor, Forbes Asia CHARLES B. HECK Former North American Director, Trilateral Commission MITCHELL W. HEDSTROM Managing Director, TIAA-CREF
Topic:
Government
Political Geography:
United States, America, and Asia

5986. Turkey's Cyprus Problem

Author:
Andrew Jacovides
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
To the Editor: Hugh Pope ("Pax Ottomana?" November/December 2010) observes that Turkey succeeded in being elected to a rotating seat of the UN Security Council for 2009-10. It might then be assumed that Turkey's policies have been guided by the principles of the UN Charter. But Turkey continues its 40,000-strong troop occupation of a large part of the Republic of Cyprus -- an EU and UN member state -- despite numerous Security Council resolutions since its initial 1974 invasion calling for its immediate withdrawal. Turkey does not comply with its legal obligations to Cyprus or to the EU and forcibly interferes with Cyprus' rights in its exclusive economic zone of maritime jurisdiction. Pope writes that "in 2003, the [ruling party in Turkey] reversed traditional Turkish policy by agreeing to endorse a UN plan to reunify" Cyprus. What he does not say, however, is that the latest version of the plan wholly incorporated Ankara's demands. In addition, Pope makes an unfounded assertion in stating that "since joining the EU in 2004, Cyprus has pulled all available levers to block Turkey's own accession to the union." If this were the case, Turkey would not have been endorsed as a candidate for EU membership in 2005, since such a decision requires unanimity, and so Cyprus could have exercised its veto. Like Pope, many welcomed Turkish Foreign Minister Ahmet Davutoglu's declared goal of the "settlement of disputes" that "directly or indirectly concern Turkey" and Turkey's "zero problem" policy toward its neighbors. Other than paying lip service to supporting the UN-sponsored intercommunal talks on Cyprus, however, Turkey has not conceded an inch toward achieving a solution within the agreed framework. If the Cyprus problem were solved through a viable compromise settlement with Turkey's help, Turkey will have removed a major obstacle to its EU accession. Moreover, a reunited and peaceful Cyprus, free of foreign troops, would be transformed into a bridge of peace from a bone of contention and would cooperate with Turkey and Greece on an array of issues. This outcome can be achieved through good neighborly relations on the basis of the principles of the UN Charter, not through occupation, domination, and a Pax Ottomana. ANDREW JACOVIDES Former Ambassador of Cyprus to the United States
Topic:
Security and United Nations
Political Geography:
United States and Turkey

5987. Editorial

Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
“Conflicts over resources have been responsible for disputes and even wars both among, and within, many countries. They cause suffering for millions today, and continue to hold back important progress for many, many more. This conference doesn't just accept these terrible facts. It actively considers how the law can help to break the vicious cycle, bringing resolution and sustainable development to those who most need it”.

5988. Keynote Speech: Resources of Conflict – Conflicts over Resources

Author:
Marie-Claire Cordonier Segger
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
I am honored, esteemed colleagues and scholars, to assist you in opening this conference. We are gathered here to consider a crucial and timely problem, the linkages between two impossible challenges facing over a billion people in our world today. Conflicts over resources have been responsible for disputes and even wars both among, and within, many countries. They cause suffering for millions today, and continue to hold back important progress for many, many more. This conference doesn't just accept these terrible facts. It actively considers how the law can help to break the vicious cycle, bringing resolution and sustainable development to those who most need it. I congratulate the organizers, and also all of you as speakers and participants, for your fore sight and your intellectual courage.

5989. The Redistribution of Resources in Internationalised Intra-State Peace Processes by Comprehensive Peace Agreements and Security Council Resolutions

Author:
Cindy Daase
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The (illegal) exploitation and (bad) management of high value resources like timber, diamonds, gold, minerals and oil constitute key-factors for the inflammation, continuation and termination of numerous intra-state conflicts. Since the 1990s these conflicts have been increasingly settled by the conclusion of comprehensive peace agreements between the conflicted state and belligerent non-state parties. At the example of the Lomé, Accra and Ouagadougou Agreement, which were negotiated to terminate the conflicts in Sierra Leone, Liberia and Côte d'Ivoire , the paper describes and analyzes whether and how these agreements addressed the redistribution of conflict-resources during the peace process. In the course of this documentation, the paper finds a strong involvement of the UN Security Council when it comes to the redistribution of resources and the implementation of all three agreements that goes beyond addressing an immediate threat to peace and security. Focusing on this involvement of the Security Council to exert a strong pull towards the compliance of the parties with these agreements, the paper will discuss the legal nature of the example peace agreements and of the specific obligations concerning the redistribution of resources. The paper finds that, under certain circumstances, internationalized comprehensive peace agreements, with a strong endorsement and involvement of the Security Council, can create effective legal obligations for the parties with respect to the redistribution and treatment of resources during the transition from conflict to peace.
Political Geography:
Liberia and Sierra Leone

5990. The Falkland Islands and the UK v. Argentina Oil Dispute: Which Legal Regime?

Author:
Alice Ruzza
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Following Argentina's withdrawal from the 1995 Joint Declaration concluded with the UK for the common exploration and exploitation of hydrocarbons in the Falklands, the sovereignty dispute over the Islands has recently re-emerged as an economic 'struggle' for access to the North Falklands Basin's oil deposits. The pa per analyzes the states' pending sovereignty dispute and their present claims, from the perspective of the exploitation of the Island s' natural resources. The lawfulness of uncoupling the treatment of title to territory and to natural resources, particularly in an area where sovereignty is disputed has been examined in the present paper. By considering the UN practice on the Falklands' case, it is argued that a separate treatment is not per se unlawful, provided that all the parties having a legitimate sovereign claim over the territory are involved. The Joint Declaration is employed as a model to provide evidence in this regard. In addition, the paper discusses the unilateral conduct of the parties as a possible alternative to a cooperative agreement. As the UK is currently acting unilaterally with regard to the access to the oil deposits in the Islands, the implications of its conduct are also reviewed.
Topic:
United Nations
Political Geography:
United Kingdom, Argentina, and Falkland Islands