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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. Assessing the African Union Concerns about Article 16 of the Rome Statute of the International Criminal Court
- Author:
- Dapo Akande, Charles C. Jalloh, and Max du Plessis
- Publication Date:
- 01-2011
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- This article assesses the African Union's (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU's repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The Council's failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and surrender of the Sudanese leader. Given the AU's continued concerns, and the current impasse, fundamental questions have arisen about the Council's authority to exercise, or not exercise, its deferral power. This culminated into a November 2009 African proposal for an amendment to the Rome Statute to empower the UN General Assembly to act should the UNSC fail to act on a deferral request after six months. Although ICC States Parties have so far shown limited public support for the AU's proposed amendment to the deferral provision, this article examines its merits because a failure to engage the “Article 16 problem” could impact international accountability efforts in the Sudan, and further damage the ICC's credibility in Africa. This unresolved issue also has wider significance given that the matters underlying the tension ‐ how ICC prosecutions may be reconciled with peacemaking initiatives and the role and power of the Council in ICC business ‐ will likely arise in future situations from around the world.
- Topic:
- United Nations
- Political Geography:
- Africa and Sudan
14. Engaging with Communities: The next challenge for peacekeeping
- Author:
- Clea Kahn
- Publication Date:
- 11-2010
- Content Type:
- Policy Brief
- Institution:
- Oxfam Publishing
- Abstract:
- The protection of civilians from the worst ravages of war is a dilemma that international bodies have sought to address for decades. However, despite lessons learned from the atrocities of Rwanda and Srebrenica, among others, civilians are still not only adversely affected by armed conflict; they are too often directly targeted.
- Topic:
- Humanitarian Aid, Intelligence, United Nations, and Peacekeeping
- Political Geography:
- Sudan
15. The Ties that Bind Bush and Bashir
- Publication Date:
- 04-2008
- Content Type:
- Working Paper
- Institution:
- Africa Policy Information Center
- Abstract:
- This February, the Sudanese government launched a series of direct assaults on towns and villages in West Darfur that harkened back to the worst periods of violence since the current conflict in Sudan's western region began in 2003. Military aircraft, including Antonov transport planes used as bombers and helicopter gunships accompanied Sudanese Armed Forces and government-supported proxy militia in attacking the towns of Sirbu, Silea and Abu Siruj, among others. While these towns were located in a region controlled by the Justice and Equality Movement (JEM) rebel group, no evidence provided by the government of Sudan, international journalists or human rights groups indicates that rebel elements were present in these communities at the time of assault.
- Topic:
- International Cooperation, Terrorism, and United Nations
- Political Geography:
- Africa, United States, China, Sudan, and Asia
16. A Comprehensive and Inclusive Peace Process for Chad
- Publication Date:
- 12-2008
- Content Type:
- Working Paper
- Institution:
- Africa Policy Information Center
- Abstract:
- Analysts, policy makers and experts are now accepting that the conflicts in Chad and Sudan have mutually reinforcing dynamics. Chad's internal political instability is having devastating consequences on the peace processes in Sudan and the Central African Republic (CAR). The U.N. Security Council Sanctions Committee Panel of Experts on Sudan stated that Chad supports Sudanese insurgent groups with arms, ammunition, vehicles, food, training and safe haven. Violations of humanitarian law and international human rights continue unabated in the region and violators in eastern Chad operate in an environment of almost total impunity. A new U.S. Government strategy must be created to stabilize Chad and bring to an end the continued degradation of conditions in the region. This strategy must work in parallel with the peace process for Sudan and with the efforts led by the “Contact Group” to normalize Chad-Sudan relations.
- Topic:
- Environment, Government, Human Rights, United Nations, and Sanctions
- Political Geography:
- United States and Sudan
17. A Comprehensive and Inclusive Peace Process for Chad
- Publication Date:
- 12-2008
- Content Type:
- Working Paper
- Institution:
- Africa Policy Information Center
- Abstract:
- Analysts, policy makers and experts are now accepting that the conflicts in Chad and Sudan have mutually reinforcing dynamics. Chad's internal political instability is having devastating consequences on the peace processes in Sudan and the Central African Republic (CAR). The U.N. Security Council Sanctions Committee Panel of Experts on Sudan stated that Chad supports Sudanese insurgent groups with arms, ammunition, vehicles, food, training and safe haven Violations of humanitarian law and international human rights continue unabated in the region and violators in eastern Chad operate in an environment of almost total impunity. A new U.S. Government strategy must be created to stabilize Chad and bring to an end the continued degradation of conditions in the region. This strategy must work in parallel with the peace process for Sudan and with the efforts led by the “Contact Group” to normalize Chad-Sudan relations.
- Topic:
- Conflict Resolution, Health, Human Rights, Human Welfare, Humanitarian Aid, Peace Studies, United Nations, and War
- Political Geography:
- Africa, United States, and Sudan
18. Six Months Since 1706: The International Failure to Protect Darfur
- Publication Date:
- 03-2007
- Content Type:
- Working Paper
- Institution:
- Africa Policy Information Center
- Abstract:
- Six months ago, at the end of August 2006, the United Nations (UN) Security Council passed a critical resolution, authorizing a robust UN peacekeeping force for Darfur, western Sudan. This act was the result of years of advocacy and international political wrangling, against the backdrop of escalating violence in Darfur. The resolution expressed the will and intent of the international community to send a 22,000-strong UN force to Darfur, to supplement the African Union (AU) mission and to provide protection to civilians and humanitarian operations on the ground.
- Topic:
- Development, Peace Studies, and United Nations
- Political Geography:
- Africa and Sudan
19. Peacekeeping in Sudan: The Dynamics of Protection, Partnerships and Inclusive Politics
- Author:
- Ian Johnstone and Alhaji M.S. Bah
- Publication Date:
- 05-2007
- Content Type:
- Policy Brief
- Institution:
- Center on International Cooperation
- Abstract:
- The inter-related conflicts and peace processes in Sudan present a monumental peacekeeping challenge. The protracted crisis in Darfur has put the African Union – and the broader international community -- to a severe test. Plans for a hybrid African Union-United Nations operation there continue, but Khartoum remains opposed. Meanwhile, implementation of the north-south peace agreement is faltering, with the UN mission struggling to keep it on track in the face of indifference from both parties and frequent hostility from the north.
- Topic:
- Conflict Resolution, Development, International Cooperation, and United Nations
- Political Geography:
- Africa and Sudan
20. Report: Leveraging New International Action on Darfur
- Publication Date:
- 12-2006
- Content Type:
- Working Paper
- Institution:
- Africa Policy Information Center
- Abstract:
- The international community is running out of options on Darfur. The death toll in western Sudan continues to mount as the latest wave of government -sponsored violence intensifies. Tens of thousands of people have been newly displaced in recent week s. Reports from the United Nations (UN) and the media indicate that the crisis is now at its worst point ever: the Sudanese government is arming its proxy militias to a greater extent than ever before, violence is reaching more deeply into Chad, and insecurity is constraining the humanitarian response throughout Darfur and leaving millions of lives in increasing jeopardy.
- Topic:
- International Relations, Genocide, and United Nations
- Political Geography:
- Africa and Sudan
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