Annex to Notice
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Asset Freezing Measures at the International Criminal Court and the UN Security Council
International international criminal law review Criminal Law 20 (2020) 983-1025 Review brill.com/icla Coexistent but Uncoordinated: Asset Freezing Measures at the International Criminal Court and the UN Security Council Daley J. Birkett Vice-Chancellor’s Senior Fellow, Northumbria Law School, Northumbria University, Newcastle-upon-Tyne, UK; Amsterdam Center for International Law, University of Amsterdam, The Netherlands. [email protected]; [email protected] Abstract Both the International Criminal Court (icc) and the UN Security Council (unsc) are vested with the capacity to request States to freeze individuals’ assets. The two bodies are also bound to cooperate closely under the terms of their relationship agreement ‘with a view to facilitating the effective discharge of their respective responsibilities’. This article examines whether this obligation extends to the unsc coordinating its targeted sanctions regime to support the icc in respect of the enforcement powers with which the latter is equipped. It does so by analysing eight cases where unsc action (could) have coincided with icc operations, with a particular focus on the (non-)parallel implementation of the two bodies’ asset freezing procedures. The ar- ticle demonstrates that, though the activities of the unsc and the icc in this sphere of their respective operations might have overlapped on a number of occasions, they have rarely been deliberately coordinated. This leads the author to conclude that close cooperation as envisaged in the relationship agreement between the two bodies is un- likely on this front. Keywords asset freezing – International Criminal Court (icc) – UN Security Council (unsc) – peace and security – targeted sanctions – Rome Statute – UN Charter – icc-UN Relationship Agreement © DALEY J. -
Reconciling the Protection of Civilians and Host-State Support in UN Peacekeeping
MAY 2020 With or Against the State? Reconciling the Protection of Civilians and Host-State Support in UN Peacekeeping PATRYK I. LABUDA Cover Photo: Elements of the UN ABOUT THE AUTHOR Organization Stabilization Mission in the Democratic Republic of the Congo’s PATRYK I. LABUDA is a Postdoctoral Scholar at the (MONUSCO) Force Intervention Brigade Fletcher School of Law and Diplomacy and a Non-resident and the Congolese armed forces Fellow at the International Peace Institute. The author’s undertake a joint operation near research is supported by the Swiss National Science Kamango, in eastern Democratic Foundation. Republic of the Congo, March 20, 2014. UN Photo/Sylvain Liechti. ACKNOWLEDGEMENTS Disclaimer: The views expressed in this paper represent those of the author The author wishes to thank all the UN officials, member- and not necessarily those of the state representatives, and civil society representatives International Peace Institute. IPI welcomes consideration of a wide interviewed for this report. He thanks MONUSCO in parti - range of perspectives in the pursuit of cular for organizing a workshop in Goma, which allowed a well-informed debate on critical him to gather insights from a range of stakeholders.. policies and issues in international Special thanks to Oanh-Mai Chung, Koffi Wogomebou, Lili affairs. Birnbaum, Chris Johnson, Sigurður Á. Sigurbjörnsson, Paul Egunsola, and Martin Muigai for their essential support in IPI Publications organizing the author’s visits to the Central African Adam Lupel, Vice President Republic, the Democratic Republic of the Congo, and Albert Trithart, Editor South Sudan. The author is indebted to Namie Di Razza for Meredith Harris, Editorial Intern her wise counsel and feedback on various drafts through - out this project. -
Le Président Du Conseil De Sécurité Présente
Le Président du Conseil de sécurité présente ses compliments aux membres du Conseil et a l'honneur de transmettre, pour information, le texte d'une lettre datée du 2 juin 2020, adressée au Président du Conseil de sécurité, par le Groupe d’experts sur la République démocratique du Congo reconduit suivant la résolution 2478 (2019) du Conseil de sécurité, ainsi que les pièces qui y sont jointes. Cette lettre et les pièces qui y sont jointes seront publiées comme document du Conseil de sécurité sous la cote S/2020/482. Le 2 juin 2020 The President of the Security Council presents his compliments to the members of the Council and has the honour to transmit herewith, for their information, a copy of a letter dated 2 June 2020 from the Group of Experts on the Democratic Republic of the Congo extended pursuant to Security Council resolution 2478 (2019) addressed to the President of the Security Council, and its enclosures. This letter and its enclosures will be issued as a document of the Security Council under the symbol S/2020/482. 2 June 2020 UNITED NATIONS NATIONS UNIES POSTAL ADDRESS-ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017 CABLE ADDRESS -ADRESSE TELEGRAPHIQUE: UNATIONS NEWYORK REFERENCE: S/AC.43/2020/GE/OC.171 2 juin 2020 Monsieur Président, Les membres du Groupe d’experts sur la République démocratique du Congo, dont le mandat a été prorogé par le Conseil de sécurité dans sa résolution 2478 (2019), ont l’honneur de vous faire parvenir leur rapport final, conformément au paragraphe 4 de ladite résolution. -
From Resource War to ‘Violent Peace’ Transition in the Democratic Republic of the Congo (DRC) from Resource War to ‘Violent Peace’
paper 50 From Resource War to ‘Violent Peace’ Transition in the Democratic Republic of the Congo (DRC) From Resource War to ‘Violent Peace’ Transition in the Democratic Republic of Congo (DRC) by Björn Aust and Willem Jaspers Published by ©BICC, Bonn 2006 Bonn International Center for Conversion Director: Peter J. Croll An der Elisabethkirche 25 D-53113 Bonn Germany Phone: +49-228-911960 Fax: +49-228-241215 E-mail: [email protected] Internet: www.bicc.de Cover Photo: Willem Jaspers From Resource War to ‘Violent Peace’ Table of contents Summary 4 List of Acronyms 6 Introduction 8 War and war economy in the DRC (1998–2002) 10 Post-war economy and transition in the DRC 12 Aim and structure of the paper 14 1. The Congolese peace process 16 1.1 Power shifts and developments leading to the peace agreement 17 Prologue: Africa’s ‘First World War’ and its war economy 18 Power shifts and the spoils of (formal) peace 24 1.2 Political transition: Structural challenges and spoiler problems 29 Humanitarian Situation and International Assistance 30 ‘Spoiler problems’ and political stalemate in the TNG 34 Systemic Corruption and its Impact on Transition 40 1.3 ‘Violent peace’ and security-related liabilities to transition 56 MONUC and its contribution to peace in the DRC 57 Security-related developments in different parts of the DRC since 2002 60 1.4 Fragility of security sector reform 70 Power struggles between institutions and parallel command structures 76 2. A Tale of two cities: Goma and Bukavu as case studies of the transition in North and South Kivu -
Sylvestre MUDACUMURA
Le Bureau du Procureur The Office of the Prosecutor FACTSHEET Situation in the Democratic Republic of the Congo Sylvestre MUDACUMURA 14 May 2012 1 / 5 PROFILE – Sylvestre MUDACUMURA génocidaires re-grouped within refugee camps in the DRC, organized themselves and launched attacks in Rwanda, with the goal of removing its then new Government by force. The FDLR was involved in the two Congo wars, from 1996 until 2003, that caused, directly or indirectly, an estimated 4 million 1 victims. This is the largest single number of conflict-related civilian deaths since the Name: MUDACUMURA, Sylvestre Second World War. Also know as: “Bernard Mupenzi”, Since 2002, the FDLR has been committing “Mpezi”, “Commandant Pharaon” or crimes against civilians. The Security Council has consistently characterized the “Pharaoh”, “Mudac”, “Mukanda” or FDLR as a threat to the peace and security of “Radja” the Great Lakes region, a cause of regional Sex: Male insecurity and instability and a threat to the Year of Birth: 1954 local civilian population. Location of Birth: Gatumba sector, Sylvestre MUDACUMURA is a member of Gisenyi prefecture, Rwanda the FDLR’s Steering Committee and head of Nationality: Rwandan the FDLR military wing. As Supreme Current Position: Supreme Commander Commander of the Army and President of its of the Army and President of the High High Command, MUDACUMURA is the Command of the Forces Démocratiques highest-ranking military commander in the pour la Libération du Rwanda – Forces FDLR. He is subject to UN and EU sanctions. Combattantes Abacunguzi (FDLR – FOCA) Relevant Background Information Mr. Sylvestre MUDACUMURA is the supreme commander of the FDLR. -
Democratic Republic of the Congo
Financial Sanctions Notice 21/01/2021 Democratic Republic of the Congo Introduction 1. The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/433) were made under the Sanctions and Anti-Money Laundering Act 2018 (the Sanctions Act) and provide for the freezing of funds and economic resources of certain persons, entities or bodies which are, or have been, involved in the commission of a serious human rights violation or abuse in the Democratic Republic of the Congo, a violation of international humanitarian law in the Democratic Republic of the Congo, or obstructing or undermining respect for democracy, the rule of law and good governance. 2. This notice is to issue a correction for 6 listings in the Democratic Republic of the Congo regime. This amendment brings the Consolidated List entries into line with the Regulation. Notice summary 3. The following entries have been amended and are still subject to an asset freeze: • Gaston IYAMUREMYE (Group ID: 11275) • Sylvestre MUDACUMURA (Group ID: 8714) • Leopold MUJYAMBERE (Group ID: 10679) • Jamil MUKULU (Group ID: 12204) • Laurent NKUNDA (Group ID: 8710) • Bosco TAGANDA (Group ID: 8736) 1 What you must do 4. You must: i. check whether you maintain any accounts or hold any funds or economic resources for the persons set out in the Annex to this Notice; ii. freeze such accounts, and other funds or economic resources and any funds which are owned or controlled by persons set out in the Annex to the Notice iii. refrain from dealing with the funds or assets or making them available (directly or indirectly) to such persons unless licensed by the Office of Financial Sanctions Implementation (OFSI); iv. -
(CFSP) 2017/203 of 6 February 2017 Implementing Decision 2010/788/CFSP Concerning Restrictive Measures Against the Democratic Republic of the Congo
L 32/22 EN Official Journal of the European Union 7.2.2017 DECISIONS COUNCIL IMPLEMENTING DECISION (CFSP) 2017/203 of 6 February 2017 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 31(2) thereof, Having regard to Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP (1), and in particular Article 6 thereof, Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1) On 20 December 2010, the Council adopted Decision 2010/788/CFSP. (2) On 13 and 19 October 2016, the United Nations Security Council Committee, established pursuant to United Nations Security Council Resolution 1533 (2004), updated the identifying information relating to 21 persons and one entity subject to restrictive measures. (3) Annex I to Decision 2010/788/CFSP should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 Annex I to Decision 2010/788/CFSP is hereby amended as set out in the Annex to this Decision. Article 2 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union. Done at Brussels, 6 February 2017. For the Council The President F. MOGHERINI (1) OJ L 336, 21.12.2010, p. 30. 7.2.2017 EN Official Journal of the European Union L 32/23 ANNEX The entries concerning the persons and entities listed below are replaced by the following entries: ‘a) list of persons referred to in Article 3(1) 1. -
Final Report of the Fact-Finding Missions of the United Nations Joint Human Rights Office Into the Mass Rapes and Other Human Ri
FINAL REPORT OF THE FACT-FINDING MISSIONS OF THE UNITED NATIONS JOINT HUMAN RIGHTS OFFICE INTO THE MASS RAPES AND OTHER HUMAN RIGHTS VIOLATIONS COMMITTED BY A COALITION OF ARMED GROUPS ALONG THE KIBUA-MPOFI AXIS IN WALIKALE TERRITORY, NORTH KIVU, FROM 30 JULY TO 2 AUGUST 2010 July 2011 CONTENTS I. SUMMARY ........................................................................................................................................ 4 II. INTRODUCTION .............................................................................................................................. 6 III. METHODOLOGY AND CONSTRAINTS ..................................................................................... 7 IV. BACKGROUND OF THE ATTACKS AND ACTORS PRESENT ALONG THE ATTACKED AXIS ............................................................................................................................................................. 7 4.1. Armed groups ............................................................................................................................ 8 4.2. The Armed Forces of the DRC .................................................................................................. 9 4.3. The Congolese National Police (PNC) ................................................................................... 10 4.4. MONUSCO troops .................................................................................................................. 10 V. SEQUENCE OF EVENTS AND IDENTITY OF THE ALLEGED PERPETRATORS ......... -
Press Clippings
SPECIAL COURT FOR SIERRA LEONE OUTREACH AND PUBLIC AFFAIRS OFFICE PRESS CLIPPINGS Enclosed are clippings of local and international press on the Special Court and related issues obtained by the Outreach and Public Affairs Office as at: Thursday, 4 April 2013 Press clips are produced Monday through Friday. Any omission, comment or suggestion, please contact Martin Royston-Wright Ext 7217 2 Local News UN Agrees to Control Arms Trade – But Can It? / Awoko Page 3 International News Arms dealer Bout's Associate Agrees to US Extradition / AFP Page 4 Côte d’Ivoire: Unrealized Promises for Impartial Justice / Human Rights Watch Pages 5-6 Ghana: End Impunity For Politicians Masterminding Widespread Violence / Ghanaweb Page 7 US War Crimes Rewards Program To Include Joseph Koney, 3 Others / RTT News Page 8 U.S. Grows More Helpful to International Criminal Court… / New York Times Pages 9-10 3 Awoko Thursday, 4 April 2013 4 Agence France-Presse Thursday, 4 April 2012 Arms dealer Bout's associate agrees to US extradition MELBOURNE (AFP) - An alleged associate of notorious jailed international arms dealer Viktor Bout agreed on Thursday to be extradited to the United States, telling an Australian court he was ready to go home. Richard Ammar Chichakli, who holds both US and Syrian citizenship, told Melbourne Magistrates' Court he was "ready for the extradition" after his arrest in Australia in January at the request of the United States. "I ask the court to kindly send me home to the US as soon as possible," Chichakli told magistrate Charles Rozencwajg, conceding to the US deportation order. -
Policy Briefing
Policy Briefing Africa Briefing N°34 Nairobi/Brussels, 19 October 2005 A Congo Action Plan I. OVERVIEW fought each other and the Congolese army, displacing over 280,000 people in the province. And in Ituri, despite some robust actions by the UN Mission in the Democratic More than two years into the transition in the Democratic Republic of the Congo (MONUC), 4,000 to 5,000 Republic of the Congo, the peace process remains at risk. combatants still regularly attack the local population, As many as 1,000 people a day still die from war-related international troops and humanitarian officials. causes -- mainly disease and malnutrition, but also continuing violence. While the main belligerent leaders The coming year will be decisive for the Congo, one are all in the transitional government, their corruption and of Africa's largest and potentially richest countries. mismanagement threaten stability during and after the A successful transition is by no means guaranteed. forthcoming national elections, now postponed from June Unfortunately it is quite possible that political leaders 2005 to March 2006. The international community needs will continue to block critical transitional reforms and to maintain pressure on a wide front, making specific try to skew the elections in their favour. There are security sector reform, transitional justice and good reasonable grounds for fearing electoral manipulation governance measures prerequisites for the elections, not and even a relapse into mass violence that would put at allowing them to be postponed until there is a new severe risk both the unity of the Congo and the stability government. -
General Assembly Distr.: General 14 August 2012
United Nations A/67/308 General Assembly Distr.: General 14 August 2012 Original: English Sixty-seventh session Item 75 of the provisional agenda* Report of the International Criminal Court Report of the International Criminal Court Note by the Secretary-General The report of the International Criminal Court on its activities for 2011/12 is submitted herewith to the General Assembly in accordance with article 6 of the Relationship Agreement between the United Nations and the International Criminal Court and paragraph 19 of General Assembly resolution 66/262. * A/67/150. 12-46357 (E) 140912 *1246357* A/67/308 Report of the International Criminal Court to the United Nations for 2011/12 Summary The present report, covering the period from 1 August 2011 to 31 July 2012, is the eighth annual report of the International Criminal Court submitted to the United Nations. The Court made significant progress during the reporting period, including: the issuance of its first judgement and sentence; one new case at the confirmation of charges phase; two new cases in the trial phase; and four new arrest warrants. The number of States parties to the Court’s founding treaty, the Rome Statute, increased from 115 to 121. The Court celebrated its tenth anniversary on 1 July 2012, which marked 10 years since the entry into force of its Statute. The Court issued its first judgement, in the case of The Prosecutor v. Thomas Lubanga Dyilo, on 14 March 2012. Mr. Lubanga was sentenced to 14 years’ imprisonment on 10 July 2012. The judgement and the sentence are subject to appeal. -
FDLR: Past, Present, and Policies Prepared on Behalf of the DRC
FDLR: Past, Present, and Policies Prepared on behalf of the DRC Affinity Group* March 2014 Executive Summary and Recommendations The humanitarian situation in the eastern Democratic Republic of the Congo (DRC) remains precarious. At the beginning of 2014, 2.7 million people were displaced in the country, the highest number in five years, of whom over 600,000 were newly displaced in 2013. 1 While the defeat of the M23 rebellion2 in October 2013 opened new avenues for peace, over 50 different armed groups persist across this region. Arguably the most important of these is the Forces Démocratiques de Libération du Rwanda (FDLR). The Rwandan rebels number between 1,500-3,000 troops and regularly carry out rape, extortion and killings against civilians. Perhaps more importantly, they are a major reason for regional instability––they are the main justification for Rwandan interference in eastern Congo and, through their alliances, exacerbate the threat of several Congolese militias. The Congolese government and the United Nations have announced that the FDLR will be among the next targets for military operations. This paper provides a background on the FDLR and an analysis of past military offensives against the group. The most urgent lesson to draw from this history is to avoid unnecessary military escalation. Offensives in 2009-2012 against the rebels displaced hundreds of thousands, killed thousands, and led to the proliferation of self-defence groups. There is mounting political pressure to attack the FDLR since the defeat of the M23; while targeted operations against its leadership will likely be necessary, peaceful avenues should also be pursued.