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11. Commodities of War: Communities speak out on the true cost of conflict in eastern DRC

Author:
Steven Van Damme
Publication Date:
11-2012
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
The past year has seen massive displacement, increasing volatility and widespread suffering among communities in eastern Democratic Republic of Congo (DRC). International attention has focused on the emergence of the M23 rebel group in April 2012, which has resulted in a disintegration of state control and violence, with severe humanitarian consequences. However, this is not so much a new crisis as a dramatic new dimension to a protracted conflict that has trapped communities in a relentless cycle of chronic abuse and constant insecurity, corroding people's ability to lift themselves out of poverty.
Topic:
Conflict Resolution, Peace Studies, and United Nations
Political Geography:
Africa and Democratic Republic of the Congo

12. 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

13. Rape in War: Motives for Militia in DRC

Author:
Jocelyn Kelly
Publication Date:
06-2010
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
United Nations Security Council Resolution 1820 signals a new movement in the international community to recognize widespread sexual violence against women in conflict as a threat to international peace and security. Research on sexual and gender-based violence (SGBV) has predominantly focused on victims and survivors of rape. A better understanding of the roots of SGBV in conflict, however, can only be gained by examining the experiences and motivations of perpetrators. SGBV has been a pervasive and highly destructive feature of the conflict in eastern Democratic Republic of the Congo (DRC). Soldiers from the Mai Mai militia group, one of many armed groups operating in this conflict, describe a number of factors that promote sexual violence in the ranks of this group. Soldiers have a complex and sometimes contradictory relationship with civilians. Interviewees express a desire to reintegrate into civilian life and return to pre-war norms, and they see themselves as protectors of civilians. However, civilians are also seen as a resource that can be exploited for money, food, and other needs. For the Mai Mai, sexual violence against women by other armed groups, particularly foreign groups, is seen as a motivation to fight. Nevertheless, at least some soldiers justify sexual violence perpetrated by members of their own group. Some commanders explicitly support rape by treating women as a spoil of war. Men also describe rape as a result of individual motives, such as the desire of a particular woman. The most effective interventions to address SGBV are tailored to the motivations and decision-making structures of each armed group. An understanding of militia group attitudes is especially important as these groups are currently being integrated into the national army. Mai Mai commanders should be held responsible for the violence perpetrated by themselves and the men under their command. High levels of concern about contracting HIV/AIDS and other sexually transmitted infections pose an opportunity to discourage combatants from engaging in sexual violence.
Topic:
United Nations and Sex Trafficking
Political Geography:
Democratic Republic of the Congo

14. The United Nations Convention Against Torture. A Commentary • Commentary on the Rome Statute of the International Criminal Court. Observers' Notes, Article by Article

Author:
Alexander Orakhelashvili
Publication Date:
04-2009
Content Type:
Journal Article
Abstract:
It is indisputable that the fight against impunity for the perpetrators of serious international crimes is a fundamental policy of the international community. As the International Court of Justice emphasized in the Arrest Warrant case, the functionally and temporarily limited immunity of the foreign minister of the Congo was not the same as according impunity to that official, because the number of ways of prosecuting him remained intact ( Arrest Warrant of 11 April 2000, Merits, General List No. 121, 14 February 2002, paras 60 – 61). The efforts to combat impunity for the perpetrators of serious crimes are conducted by two methods. The first method relates to establishing international tribunals, which has been the case since the Nuremberg and Tokyo Tribunals in the aftermath of World War II. This method is limited, because international tribunals necessarily have limited jurisdiction. They cannot address the problems of impunity in general, but only those aspects of it which are covered by their mandate as specified in their statutes. Even if this mandate is quite general, as is the case with the International Criminal Court (ICC), the actual extent to which impunity will be combatted still depends on the voluntary decision of states to become party to the Statute. The second method reflects the limited nature of international criminal tribunals. The remaining problems of impunity are addressed through the exercise of jurisdiction by national courts. This is reflected in the fact that the multiplication of international criminal tribunals over the past 15 years has not caused any decline in the activities of national courts in this field. Quite the contrary; the growth of international criminal jurisdiction has been accompanied by the equally remarkable growth of national criminal jurisdiction to address international crimes, including those committed extraterritorially.
Topic:
United Nations and War
Political Geography:
Democratic Republic of the Congo and Tokyo

15. Congo: Four Priorities for Sustainable Peace in Ituri

Publication Date:
05-2008
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Le risque d'une reprise des violences en Ituri est aujourd'hui limité du fait de la présence de la Mission des Nations unies (MONUC), du démantèlement de la plupart des groupes armés et de la lassitude de la population après des années de souffrance et de destructions. Cependant, les problèmes de fond à l'origine des violences extrêmes qu'a connu le district pendant la guerre – un accès équitable à la terre et une gestion transparente des revenus issus de l'exploitation des ressources naturelles et minières – restent entiers. L'absence de réconciliation intercommunautaire et l'impunité pour la grande majorité des crimes commis pendant la guerre sont également extrêmement inquiétants en perspective d'élections locales en 2009. Afin d'éviter toute reprise de la violence, dont les femmes seraient les premières à souffrir, les éléments fondamentaux d'une paix durable doivent être urgemment mis en place dans le cadre d'une stratégie intégrée impliquant les institutions nationales et provinciales avec le soutien actif de la MONUC et des bailleurs de fonds du Congo.
Topic:
Arms Control and Proliferation, Civil War, Human Rights, and United Nations
Political Geography:
Africa and Democratic Republic of the Congo

16. US Policy on Small Arms Transfers: A Human Rights Perspective

Author:
Susan Waltz
Publication Date:
10-2007
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
From Somalia and Afghanistan to Bosnia, Haiti, Colombia, Rwanda, Sierra Leone, Liberia and Congo, small arms and light weapons were a common feature of the human rights calamities of the 1990's. More than a hundred low-intensity conflicts flared across the globe in that final decade of the bloodiest century, and virtually all of them were fought with small arms and light weaponry. Hand grenades, rocket-propelled grenades and bazookas, mortars, machine guns, and shoulder-fired missiles were the common weapons of warfare, along with the ubiquitous AK- 47--as readily slung over the shoulder of a 14 year old boy as a 40 year old man. Human rights and humanitarian organizations pondered the evidence: there was an inescapable linkage between the abuses they sought to curb, and the prevalence of these easy to handle, durable, and imminently portable weapons. In many instances the weapons were used as direct instruments of repression and devastation. In others, armed groups and government-sponsored militia used them to facilitate assaults with cruder weapons, spread fear, and create insecurity that effectively deprived people of their livelihood. Ironically, none of the countries in turmoil produced their own small arms. Behind the plethora of weapons lurked shadowy arms dealers looking for a profit, indifferent to the public's moral outrage and UN-imposed arms embargoes.
Topic:
Foreign Policy, Arms Control and Proliferation, Human Rights, Human Welfare, and United Nations
Political Geography:
Afghanistan, United States, Bosnia, Colombia, Democratic Republic of the Congo, Haiti, Liberia, Sierra Leone, Rwanda, and Somalia

17. A Congo Action Plan

Publication Date:
10-2005
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
More than two years into the transition in the Democratic Republic of the Congo, the peace process remains at risk. As many as 1,000 people a day still die from war-related causes -- mainly disease and malnutrition, but also continuing violence. While the main belligerent leaders are all in the transitional government, their corruption and mismanagement threaten stability during and after the forthcoming national elections, now postponed from June 2005 to March 2006. The international community needs to maintain pressure on a wide front, making specific security sector reform, transitional justice and good governance measures prerequisites for the elections, not allowing them to be postponed until there is a new government.
Topic:
Conflict Resolution, Security, and United Nations
Political Geography:
Europe and Democratic Republic of the Congo

18. Rwandan Hutu Rebels in the Congo: a New Approach to Disarmament and Reintegration

Publication Date:
05-2003
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
While a transition government is scheduled to be installed in the Democratic Republic of Congo (DRC) in June 2003, the program of the United Nations Mission in Congo (MONUC) for voluntary disarmament and demobilisation, repatriation, rehabilitation and reintegration (DDRRR, henceforth DR) of foreign armed groups has remained a failure. Authorised by Security Council mandate on 18 November 2001 to deploy in eastern Congo, MONUC has repatriated only a few hundred Rwandan ex-rebels and has opened only one demobilisation centre at Lubero in North Kivu. The participation of South African observers in the Third Party Verification Mechanism (TPVM) established by an accord between Rwanda and Congo in July 2002, has not changed anything. MONUC has still not deployed a serious force in eastern Congo or constructed a credible DR program.
Topic:
Conflict Resolution, Ethnic Conflict, International Cooperation, and United Nations
Political Geography:
Africa and Democratic Republic of the Congo

19. The Kivus: The Forgotten Crucible of the Congo Conflict

Publication Date:
01-2003
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
December 2002 witnessed the signing of a power sharing agreement between Congolese parties under the auspices of the UN Special Envoy, Mustapha Niasse, and South Africa that should lead to finalisation of the Inter-Congolese Dialogue and a transitional government. Yet, it is unlikely that the agreement alone will bring immediate peace. Serious fighting continues in Eastern Congo, particularly Kivu and Ituri Provinces, which have been the main theatres for direct and proxy confrontation between local, national and regional participants in the Congolese conflict since the cease-fire was signed in Lusaka in 1999. The population there is suffering enormously while there is an almost complete absence of international attention.
Topic:
Conflict Resolution, Ethnic Conflict, International Cooperation, and United Nations
Political Geography:
Africa, South Africa, Democratic Republic of the Congo, and Lusaka