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1. 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

2. 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

3. Sudan's Secession Crisis

Author:
Andrew S. Natsios and Michael Abramowitz
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
Ahead of last weekend's secession referendum in Sudan, Andrew S. Natsios and Michael Abramowitz wrote on the prospects for compromise and reconciliation between the country's north and south.
Topic:
Government
Political Geography:
Sudan

4. 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

5. 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

6. Beyond Darfur

Author:
Andrew S. Natsios
Publication Date:
05-2008
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
While the crisis in Darfur simmers, the larger problem of Sudan's survival as a state is becoming increasingly urgent. Old tensions between the Arabs of the Nile River valley, who have held power for a century, and marginalized groups on the country's periphery are turning into a national crisis. Engagement with Khartoum may be the only way to avert another civil war in Sudan, and even that may not be enough.
Political Geography:
Sudan and Arabia

7. China's New Dictatorship Diplomacy: Is Beijing Parting With Pariahs?

Author:
Stephanie Kleine-Ahlbrandt and Andrew Small
Publication Date:
01-2008
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
Beijing has recently stepped back from its unconditional support for pariah states, such as Burma, North Korea, and Sudan. This means China may now be more likely to help the West manage the problems such states pose -- but only up to a point, because at heart China still favors nonintervention as a general policy.
Political Geography:
China, Sudan, Beijing, North Korea, and Burma

8. Darfur and Beyond: What is Needed to Prevent Mass Atrocities

Author:
Lee Feinstein
Publication Date:
01-2007
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
The killing and destruction of national, ethnic, racial, or religious groups is a historical reality. So, too, is the dependable failure of the rest of the world to do much about it. Slow-motion ethnic cleansing in western Sudan is the most recent case of a state supporting mass atrocity and the rest of the world avoiding efforts to end the killing. Preventing and stopping such mass atrocities faces four reinforcing problems.
Topic:
Genocide, Human Rights, and Terrorism
Political Geography:
Africa and Sudan

9. Avoiding Conflict in the Horn of Africa: U.S. Policy Toward Ethiopia and Eritrea

Author:
Terrance Lyons
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
In 2006, the Horn of Africa witnessed major escalations in several conflicts, a marked deterioration of governance in critical states, and a general unraveling of U.S. foreign policy toward the strategically located region. The U.S.-brokered Algiers Agreement to end the 1998–2000 border war between Ethiopia and Eritrea is at a crossroads. Ethiopia has resisted implementing the decisions made by the Eritrea-Ethiopia Border Commission (EEBC), Eritrea has imposed unilateral restrictions on the United Nations Mission in Ethiopia and Eritrea (UNMEE), and both states have rejected the EEBC's plans to demarcate the border unilaterally. In Sudan, implementation of the Comprehensive Peace Agreement remains incomplete, and the violence in Darfur continues to rage and spill into Chad. In Somalia, the Transitional Federal Government (TFG) has failed to establish itself outside of Baidoa and its rival, the Union of Islamic Courts (UIC), has seized control of Mogadishu and much of southern Somalia. The rapid rise of the UIC in mid-2006 in particular amplified prospects for regional conflict as Ethiopia and Eritrea sent significant military support to the opposing sides. On December 6, 2006, the UN Security SudanCouncil unanimously endorsed Resolution 1725, a plan supported by Washington to deploy African troops to prop up the authorities in Baidoa. The Islamic Courts have stated that this intervention will be regarded as an invading force and will escalate, rather than reduce, the conflict.
Topic:
International Relations and Development
Political Geography:
Uganda, Africa, United States, Washington, Sudan, Ethiopia, Somalia, and Eritrea

10. 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