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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. -
Public Annex
ICC-01/04-01/10-396-Anx 02-09-2011 1/6 CB PT Public Annex ICC-01/04-01/10-396-Anx 02-09-2011 2/6 CB PT I. General contextual elements on the recent FLDR activities in the KIVUS: 1. Since the beginning of 2011, the FARDC conducted unilateral military operations under the “AMANI LEO” (peace today) operation against the FDLR and other armed groups in North Kivu, mainly in Walikale and Lubero territories, and in South Kivu, mainly in Fizi, Uvira and Shabunda territories. 1 2. The UN Group of Experts in its interim report on 7 June 2011 states that the FDLR remain militarily the strongest armed group in the Democratic Republic of the Congo.2 3. The UN Secretary-General further reported on 17 January 2011 that “the FDLR military leadership structure remained largely intact, and dispersed”.3 The FDLR established their presences in remote areas of eastern Maniema and northern Katanga provinces 4 and have sought to reinforce their presence in Rutshuru territory.5 4. The UN GoE reported as late as June 2011 on the FDLR’s continued recruitment 6 and training of mid-level commanders 7. The FDLR also 1 Para 5, page 2 S/2011/20, Report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, 17 January 2011 (http://www.un.org/ga/search/view_doc.asp?symbol=S/2011/20 ), Para 32, page 9, S/2011/345 Interim report of the Group of Experts on the DRC submitted in accordance with paragraph 5 of Security Council resolution 1952 (2010), 7 June 2011 (http://www.un.org/ga/search/view_doc.asp?symbol=S/2011/345 -
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. -
Annex to Notice
ANNEX TO NOTICE FINANCIAL SANCTIONS: DEMOCRATIC REPUBLIC OF THE CONGO COUNCIL IMPLEMENTING REGULATION (EU) No 1275/2014 AMENDING ANNEX I TO COUNCIL REGULATION (EC) No 1183/2005 REGIME: Democratic Republic of the Congo ADDITIONS Entity 1. ADF a.k.a: (1) ADF/NALU (2) Forces Democratiques Alliees-Armee Nationale de Liberation de l'Ouganda (3) Islamic Alliance of Democratic Forces Address: North Kivu Province, Democratic Republic of the Congo. Other Information: Created in 1995 and is located in the mountainous DRC-Uganda border area. The ADF's military commander is Hood LUKWAGO and its supreme leader is the sanctioned individual Jamil MUKULU. Group ID: 13189. DELISTING Entity 1. GREAT LAKES BUSINESS COMPANY (GLBC) Address: (1) Gisenyi, Rwanda. (2) PO Box 315, Goma, Democratic Republic of the Congo. Other Information: Owned by Douglas Mpamo. As of Dec 2008, GLBC no longer had any operational aircraft, although several aircraft continued flying in 2008 despite UN sanctions. Group ID: 9071. Note this entity has been merged with COMPAGNIE AERIENNE DES GRANDS LACS (CAGL) – see amended entry below AMENDMENTS Additions are shown in italics and underlined. Deleted text is shown in strikethrough. INDIVIDUALS 1. BADEGE, Eric Title: LT. Colonel DOB: --/--/1971. Group ID: 12838. i 2. IYAMUREMYE, Gaston Title: Brigadier General DOB: --/--/1948. POB: (1) Musanze District (Northern Province) (1) Musanze District, Northern Province, Rwanda (2) Ruhengeri, (1) Rwanda (2) Ruhengeri, Rwanda a.k.a: (1) BYIRINGIRO, Michel (2) RUMULI, Byiringiro, Victor (3) RUMURI, Victor Nationality: Rwandan Address: Kalonge, North Kivu Province (as of June 2011). Position: FDLR President and 2nd Vice-President of FDLR-FOCA Other Information: Also referred to as Rumuli. -
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. -
Walikale Nicholas Garrett Artisanal Cassiterite Mining and Trade in North Kivu June 1, 2008 Implications for Poverty Reduction and Security
Walikale Nicholas Garrett Artisanal Cassiterite Mining and Trade in North Kivu June 1, 2008 Implications for Poverty Reduction and Security 1 ACKNOWLEDGEMENTS This report was prepared by Nicholas Garrett for the Communities and Artisanal & Small-scale Mining initiative (CASM). Nicholas Garrett is a Mining Consultant from the UK Resource Consulting Services Ltd (RSS), and specialising in conflict and post-conflict minerals management and corporate social responsibility in high-risk environments. The contribution of Estelle A. Levin and Harrison Mitchell (RSS) and of those who have reviewed the final report is acknowledged, as well as to everyone who provided support to the author to conduct extensive research on the ground in the DR Congo. Front cover photo: Artisanal cassiterite mining in Bisie, North Kivu/DRC © Nicholas Garrett Disclaimer: The views expressed in this report are those of the author and do not necessarily reflect those of CASM or other organizations. 2 CONTENTS List of Acronyms 5 Sections Preface and Methodology 6 Synopsis 7 Background and Context 12 Legal Framework 18 Governance 23 Geography, Physical Access, Infrastructure and Transport 32 Structure of Production 37 Economics of Production 41 Economics of Trade 43 Payments to Authorities 56 Demography and Poverty 63 External Stakeholders and Development Assistance 62 Conclusion and Recommendations 76 Bibliography 87 Fact Boxes Box 1: What is Cassiterite? 13 Box 2: Key Features of Artisanal Mining (AM) in North Kivu 16 Box 3: SAESSCAM 22 Box 4: Workers’ Income in Bisie -
Democratic Republic of the Congo Page 1 of 54
2010 Human Rights Report: Democratic Republic of the Congo Page 1 of 54 Home » Under Secretary for Democracy and Global Affairs » Bureau of Democracy, Human Rights, and Labor » Releases » Human Rights Reports » 2010 Country Reports on Human Rights Practices » Africa » Congo, Democratic Republic of the 2010 Human Rights Report: Democratic Republic of the Congo BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR 2010 Country Reports on Human Rights Practices Report April 8, 2011 The Democratic Republic of the Congo (DRC) is a nominally centralized republic with a population of approximately 68 million. The president and the lower house of parliament (National Assembly) are popularly elected; the members of the upper house (the Senate) are chosen by provincial assemblies. Multiparty presidential and National Assembly elections in 2006 were judged to be credible, despite some irregularities, while indirect elections for senators in 2007 were marred by allegations of vote buying. There were many instances in which state security forces acted independently of civilian control and of military command. In all areas of the country, state security forces continued to act with impunity throughout the year, committing many serious abuses, including unlawful killings, disappearances, torture, rape and engaging in arbitrary arrests and detention. Severe and life-threatening conditions in prison and detention facilities, prolonged pretrial detention, lack of an independent and effective judiciary, and arbitrary interference with privacy, family, and home also remained serious problems. Members of the state security forces continued to abuse and threaten journalists, contributing to a decline in press freedom. Internally displaced persons remained a major problem, and the integration of ex-combatants and members of rebel and militia groups (RMGs) into state security forces and governance institutions was slow and uneven. -
Press Release Local Voices EN Best Final
Tapez pour saisir le texte LOCAL VOICES Congolese Communities & The Kivu Conflict ! press release A Series of Photostories on Local Realities of Conflict in Eastern DRC “Our drama is that armed groups are supposedly formed in order to protect their community, but at the end of the day, it is the very same armed groups that kill their own community.” A community leader from Goma, North Kivu ! ! “All our troubles [of armed conflict] came from bad governance. We succeeded institutionalizing the culture of corruption in our country.” A Civil Society activist from Goma, North Kivu. ! ! “As long as armed groups remain, we will never be able to return to our villages!” A woman among the two millions of internally displaced persons (IDPs) that are forced to live in a camp because of armed violence in North and South Kivu. local voices - congolese communities & the kivu conflict - www.localvoicesproject.com A member of APCLS armed group is leaving its military base to fight Cheka armed group in Pinga, Walikale territory. Both groups fight for the control of Pinga and the mineral resources that are abundant in Walikale territory. Lukweti, Masisi territory, North Kivu, August 2013. local voices - congolese communities & the kivu conflict - www.localvoicesproject.com Tapez pour saisir le texte LOCAL VOICES - Congolese Communities & The Kivu Conflict ! A Series of photostories helps make local voices heard on DRC conflict Local Voices, Search For Common Ground and International Alert are proud to announce the launch of their joint project Local Voices – Congolese Communities & The Kivu Conflict on December 5, 2013. ! ! Local Voices – Congolese Communities & The Kivu Conflict aims to share the experiences of the local populations who, in remote areas of Kivu, have been facing militias and armed violence for 20 years. -
DEMOCRATIC REPUBLIC of the CONGO Hundreds of Schools Were Looted, Damaged, and Destroyed Or Used for Military Purposes in the Democratic Republic of the Congo
Global Coalition EDUCATION UNDER ATTACK GCPEA to Protect Education from Attack COUNTRY PROFILES DEMOCRATIC REPUBLIC OF THE CONGO Hundreds of schools were looted, damaged, and destroyed or used for military purposes in the Democratic Republic of the Congo. Armed parties also reportedly threatened, abducted, injured, and killed students and education personnel. Both boys and girls were recruited from schools or along school routes, and reports indicated that girls were taken specifically for sexual purposes. Context Already ongoing for more than two decades, conflict continued in the eastern Democratic Republic of the Congo. 678 A new conflict began in the Greater Kasai region in April 2016, when tensions between the government and traditional chiefs led to the emergence of the Kamuina Nsapu militia. 679 This violence surged in 2017, with conflict also escalating in North and South Kivu and Tanganyika provinces. 680 The armed parties included the Forces Armées de la République Démocratique du Congo (Armed Forces of the Democratic Republic of the Congo) (FARDC) and more than 120 non-state armed groups. 681 Most armed groups were small. One of the largest remaining groups was the Forces démocratiques de libération du Rwanda (Democratic Forces for the Liberation of Rwanda) (FDLR), which was estimated to have between 500 and 1,000 fighters in 2017. 682 The UN Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), which began its peacekeeping mission in 1999, also continued to operate in the country. 683 As of August 2017, 3.8 million people were internally displaced throughout DRC. 684 State and non-state parties reportedly raped, sexually enslaved, and forcibly impregnated women and girls because of their ethnicity. -
In Search of Peace: an Autopsy of the Political Dimensions of Violence in the Democratic Republic of Congo
IN SEARCH OF PEACE: AN AUTOPSY OF THE POLITICAL DIMENSIONS OF VIOLENCE IN THE DEMOCRATIC REPUBLIC OF CONGO By AARON ZACHARIAH HALE A DISSERTATION PRESENTED TO THE GRADUATE SCHOOL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY UNIVERSITY OF FLORIDA 2009 1 © 2009 Aaron Zachariah Hale 2 To all the Congolese who helped me understand life’s difficult challenges, and to Fredline M’Cormack-Hale for your support and patience during this endeavor 3 ACKNOWLEDGMENTS I was initially skeptical about attending The University of Florida (UF) in 2002 for a number of reasons, but attending UF has been one of the most memorable times of my life. I have been so fortunate to be given the opportunity to study African Politics in the Department of Political Science in a cozy little town like Gainesville. For students interested in Africa, UF’s Center for African Studies (CAS) has been such a fantastic resource and meeting place for all things African. Dr. Leonardo Villalón took over the management of CAS the same year and has led and expanded the CAS to reach beyond its traditional suit of Eastern and Southern African studies to now encompass much of the sub-region of West Africa. The CAS has grown leaps and bounds in recent years with recent faculty hires from many African and European countries to right here in the United States. In addition to a strong and committed body of faculty, I have seen in my stay of seven years the population of graduate and undergraduate students with an interest in Africa only swell, which bodes well for the upcoming generation of new Africanists.