DOCSLIB.ORG

The International Criminal Court: Starting with Africa?

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The International Criminal Court: Starting with Africa? Péter Pázmány Catholic University Budapest, 2008 The International Criminal Court: Starting with Africa? Alina Ioana Apreotesei PhD Dissertation Supervisor: Prof. Dr. Kovács Péter CONTENTS List of Abbreviations 5 Introduction 7 Chapter I: The International Criminal Court – from a Dream to Reality 12 I. 1. The Beginning 12 I. 2. Interbellum. The Role of Vespasian Pella 14 I. 3. After the Second World War. The Military Tribunals 18 I. 4. New attempts in establishing an international criminal court 21 I. 5. The end of the Cold War. The Ad Hoc Tribunals 23 I. 6. Preparing the Rome Conference 26 I. 7. The International Criminal Court 27 I. 8. Towards ending impunity 30 Chapter II: Elements of novelty and problematical issues in the Rome Statute 31 II. 1. The Principle of Complementarity and the International Criminal Court 31 II.1. 1. Principle of complementarity – a new principle of law 31 II.1. 2. Concurrency v. complementarity 33 II.1. 3. Complementarity in the Rome Statute 37 II.1. 4. Problematical issues on complementarity 41 II.1. 4. a) Referral by a state-party 41 II.1. 4. b) Referral by the United Nations Security Council 43 II.1. 4. c) Prosecutor’s proprio motu referral and the conditions of admissibility 44 1 II.1. 5. Precedents of (un)willingness or (in)ability to prosecute in international law 50 II.1. 5. a) The Nuremberg Trials 51 II.1. 5. b) The trial of Adolph Eichmann 52 II.1. 5. c) The trial of Klaus Barbie, Butcher of Lyons 53 II.1. 5. d) The Pinochet Trial 55 II.1. 5. e) Transitional justice in the former communist countries 57 II.1. 5. f) Russia’s amnesty over the war criminals in Chechnya 60 II.1. 5. g) Milosevic’s trial 61 II.1. 5. h) Karadzic’s trial 63 II.1. 5. i) Saddam Hussein’s trial 63 II. 2. The United States, Romania and the International Criminal Court 67 II.2. 1. The United States’ policy towards the International Criminal Court: from support to opposition 67 II.2. 2. The United States’ strategy against ICC 71 II.2. 2. a) “Article 16” Security Council Resolutions 72 II.2. 2. b) “Article 98” Agreements 74 II.2. 2. c) US legislation prohibiting foreign aid 78 II.2. 3. The European Union’s responses. Romania between EU and US? 79 II. 3. Aggression as an Individual Crime. The Jurisdiction of the International Criminal Court 84 II.3. 1. From The Hague to Rome; 99 years of legal work trying to define aggression (1899-1998) 84 II.3. 2. From Rome to The Hague; Special Working Group on the Crime of Aggression (1998-2007) 92 II.3. 2. a) Proposals submitted by states 94 2 II.3. 2. b) The Coordinator’s Paper 98 II.3. 2. c) Future work of the SWGCA 104 II.3. 3. Aggression as an individual crime. Solutions. 105 II.3. 3. a) Definition of the crime of aggression. 105 II.3. 3. b) Conditions under which the ICC can exercise jurisdiction over the crime of aggression 108 II.3. 3. c) Elements of the crime of aggression 116 II. 4. The Victim and the Witness within ICTY and ICC. A Comparative Perspective 118 II.4. 1. Victims v. Witnesses. Definitions 118 II.4. 2. The protective regime 120 II.4. 3. Participation in proceedings 127 II.4. 4. Reparation for victims 131 II.4. 5. Who is responsible towards the victims? 135 Chapter III: The International Criminal Court – an African Criminal Court? 139 III. 1. Democratic Republic of the Congo – Situations and Cases 139 III.1. 1. Introduction 139 III.1. 2. Political background 140 III.1. 3.The situation in the DRC. Accountability at national level 147 III.1. 4. Cases before the ICC 151 III.1. 4. a) Prosecutor v. Thomas Lubanga Dyilo 152 III.1. 4. b) Confirmation of charges 155 III.1. 4. c) Prosecutor v. Germain Katanga 166 III.1. 4. d) Prosecutor v. Mathieu Ngudjolo Chui 168 III.1. 4. e) Prosecutor v. Bosco Ntaganda 170 3 III. 2. The Situation in Darfur, the Sudan 172 III.2. 1. The Conflict in Darfur 172 III.2. 2. International responses 174 III.2. 3. The Commission of Inquiry’s findings 176 III.2. 4. Legal responses 180 III. 3. The Situation in Central African Republic 191 III.3. 1. The conflict 191 III.3. 2. The ICC referral 193 III.3. 3. Crimes within the focus of the ICC 195 III. 4. The Situation in Uganda 202 III.4. 1. The conflict and the Lord’s Resistance Army 202 III.4. 2. The International Criminal Court steps in 205 III.4. 3. Peace v. Justice? 207 III.4. 4. Possible solutions 211 Conclusions 217 Bibliography 226 4 List of Abbreviations AI – Amnesty International AMIS – African Union Mission in the Sudan ASPA – American Service-members’ Protection Act AU – African Union BONUCA – United Nations Peace-building Support Office CAR – Central African Republic CNDP - Congrès national pour la défense du people DRC – Democratic Republic of the Congo ECHR – European Court of Human Rights ECOSOC – Economic and Social Council EU – European Union FIDH - Fédération Internationale des Droits de l'Homme FNI - Front des Nationalistes et intégrationnistes (National Integrationist Front) FPLC - Forces patriotiques pour la libération du Congo FRPI - Force de résistance patriotique en Ituri (Patriotic Resistance Force in Ituri) GA – General Assembly HSM - Holy Spirit Mobile ICC – International Criminal Court ICJ – International Court of Justice ICTR – International Criminal Tribunal for Rwanda ICTY – International Criminal Tribunal for the Former Yugoslavia ILC – International Law Commission ILO – International Labour Organization ISAF – International Security Assistance Force JEM - Justice and Equality Movement LRA – Lord Resistance Army MINURCA - United Nations Mission to Central African Republic MINURCAT - United Nations Mission in the Central African Republic and Chad 5 MISAB - Inter-African Mission to Monitor the Implementation of the Bangui Agreements MONUC - Mission de l’Organisation des Nations Unies au Congo, United Nations Organization Mission in the DRC NATO – North Atlantic Treaty Organization NRA - National Resistance Army ODESSA - Organisation der ehemaligen SS-Angehörigen (Organization of Former Members of the SS) OPCV - Office of Public Counsel for Victims OTP – The Office of the Prosecutor of the International Criminal Court PCIJ – Permanent Court of International Justice PrepCom – Preparatory Committee SC – Security Council SCSL – Special Court for Sierra Leone SLM/A - Sudan Liberation Movement/Army SOFA – Status of Forces Agreement SWGCA – Special Working Group on the Crime of Aggression TRC - Truth and Reconciliation Commissions UN – United Nations UNAMID – United nations–African Union Mission in Darfur UNHCR - United Nations High Commission for Refugees UNLA - Ugandan National Liberation Army UNWCC – United Nations War Crimes Commission UNICEF – United Nations Children’s Fund UPC - Union of Congolese Patriots UPDA - Uganda People’s Defence Army 6 Introduction After more decades of “travaux préparatoires”, the International Criminal Court is a reality. It is not just a Court, but a system that international criminal justice has created, a system of interaction between states, civil society and international organizations.1 The crimes under international law already existed but a new system was needed to apply to them. The process that started at Nuremberg continues to evolve.2 Nuremberg was the first multinational criminal tribunal, while the ICTY and ICTR were the first ad hoc international criminal courts.3 But the development of international criminal law (ICL), which “results from a myriad of small or great tragedies”4, showed that a permanent international criminal court was strongly needed. The international law is in a continuous diversification.5 Human Rights Law, International Humanitarian Law, and International Criminal Law, are all branches of Public International Law. They all converge in protecting the individuals and it is ICC that brings them together. The International Criminal Court is a public international law tool to apply international criminal law in cases of human rights violations in time of both war and peace. As it was said, “without the International Military Tribunal of Nuremberg, there would be no International Criminal Court.”6 The demand for international criminal justice started at Nuremberg, but it “blew up, as it were, in the 1990s”7. If 1 As stressed by Mrs. Fatou Bensouda, Deputy Prosecutor of the International Criminal Court, with the occasion of the conference “Fighting Impunity in a Fragmented World – New Challenges for the International Criminal Court”, European University Institute, Florence, 23-24 May 2008. 2 See William A. Schabas, International sentencing: From Leipzig (1923) to Arusha (1998) or M. Cherif Bassiouni, The Nuremberg Legacy, in M. Cherif Bassiouni (Ed.), “International Criminal Law”, 2nd Ed., Vol. III, Enforcement, Transnational Publishers Inc., Ardsley, New York, 1999. 3 See T. Meron, “War Crimes Law Comes of Age. Essays”, Oxford University Press, 1998 at 198- 199. 4 Antonio Cassese, “International Criminal Law”, Oxford University Press, 2003, preface. 5 See Géza Herczegh, L’avenir de l’enseignement du droit international, in Kovács Péter (Ed.), « Le droit international au tournant du millénaire – l’approche hongroise », Osiris, Budapest, 2000. 6 Hans-Peter Kaul, Judge of the International Criminal Court and president of the Pre-Trial Division, The International Criminal Court: Current Challenges and Perspectives, in Washington University Global Studies Law Review, Vol. 6, 2007 at 580. 7 A. Cassese, “International Law”, 2nd Ed., Oxford University Press, 2005 at 453. 7 until then the very existence of international criminal law8 was questionable, once the ICTY and ICTR were established, the ICL has become a rapidly developing part of the international law9 and as the ICC is a reality, “we are now heading for the formation of a fully fledged body of law.”10 ICC comes to apply this new, rudimentary, and hybrid branch of law11, emerged from domestic criminal law, international law 12 and human rights law13, that form a complementary whole14 and whose common root lies in international humanitarian law.15 This newly born field of law, and therefore ICC, responds to massive human rights violations by punishing the perpetrators of “the most serious crimes of concern to the international community as a whole”.16 Even if it is still in its “infancy”17, the international criminal law is developing very quickly.
Load more

Recommended publications
  • Accountability for Human Rights Violations and Abuses in the DRC: Achievements, Challenges and Way Forward (1 January 2014 - 31 March 2016)
    Accountability for Human Rights Violations and Abuses in the DRC: Achievements, Challenges and Way forward (1 January 2014 - 31 March 2016) October 2016 TABLE OF CONTENTS LIST OF ACRONYMS ........................................................................................................................ ii Executive Summary ............................................................................................................................. iii I. Introduction ................................................................................................................................... 1 II. Methodology and constraints ....................................................................................................... 1 III. Challenges in the fight against impunity ..................................................................................... 2 A. Identifying the main causes of impunity ..................................................................................... 6 1. The slow pace of judicial reform.............................................................................................. 6 2. Institutional framework ............................................................................................................ 7 3. Need for vetting security forces ............................................................................................. 10 4. Low number of convictions for combatants of armed groups ............................................... 11 B. Main challenges with regard to
    [Show full text]
  • Democratic Republic of the Congo
    DEMOCRATIC REPUBLIC OF THE CONGO 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. Government corruption remained pervasive, and some corporations purchased minerals from suppliers who financed mining activities by armed entities that committed serious human rights abuses. Elements of the state security forces were charged in the death of one of the country's leading human rights defenders and at times beat or threatened local human rights advocates and obstructed or threatened UN human rights investigators.
    [Show full text]
  • Compellence in Peace Operations: United Nations Organization Mission in the Democratic Republic of the Congo (MONUC)*
    Compellence in Peace Operations: United Nations Organization Mission in the Democratic Republic of the Congo (MONUC)* OHNISHI Ken** Abstract Contemporary peace operations are activities that could involve the proactive use of force to restore security and protect civilians in areas where peacekeepers are deployed. However, these peacekeepers are not necessarily on course to accomplish their missions. Thus, this paper examines under what conditions the proactive use of force in peace operations tend to succeed by analyzing the case of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) from the perspective of compellence. MONUC can be deemed as a case of successful compellence as it succeeded in inducing a large portion of armed groups in Ituri to accept disarmament by repeatedly carrying out proactive military operations from 2003 through 2007. In order to find out the reasons behind the success, this paper considers whether factors related to the success of compellence discussed in previous studies have been satisfied in the case of Ituri, especially focusing on the three pertaining to the fundamental constituent elements of compellence. Introduction Unlike traditional peacekeeping operations that follow the principle of non-use of force except for self-defense, contemporary peace operations, deployed to where a civil war is going on, are activities that may involve the proactive use of force for the purpose of restoring security and protecting civilians. However, such proactive use of force does not always go smoothly. Even in missions which are authorized to use force proactively beyond self-defense, peace operations are faced with a variety of problems, including the inability to restore the security of their operational areas or to prevent a massacre of civilians, and peacekeepers themselves suffering casualties from attacks against them.
    [Show full text]
  • Congo, Democratic Republic of the MODERATE ADVANCEMENT
    Congo, Democratic Republic of the MODERATE ADVANCEMENT In 2015, the Democratic Republic of the Congo made a moderate advancement in efforts to eliminate the worst forms of child labor. The Government took steps to implement a UN-backed action plan to end the recruitment and use of child soldiers, including by arresting Force de Résistance Patriotique en Ituri leader Cobra Matata for use of child soldiers and launching the Reinsertion and Reintegration Project. The National Labor Council also approved the National Action Plan to Combat the Worst Forms of Child Labor, originally drafted in 2011, and submitted it to the Cabinet for approval and adoption. However, children in the Democratic Republic of the Congo continue to engage in the worst forms of child labor, including in the mining of gold, cassiterite (tin ore), coltan (tantalum ore), and wolframite (tungsten ore), and are used in armed conflict, sometimes as a result of forcible recruitment or abduction by non-state armed groups. The prescribed penalties for forced or compulsory labor remain low and do not serve as deterrents. Decentralization, a lack of resources, and poor coordination have hampered the Government’s efforts to combat child labor, and laws mandating free primary education are not enforced. I. PREVALENCE AND SECTORAL DISTRIBUTION OF CHILD LABOR Children in the Democratic Republic of the Congo (DRC) are engaged in the worst forms of child labor, including in the mining of gold, cassiterite (tin ore), coltan (tantalum ore), and wolframite (tungsten ore) and are used in armed conflict, sometimes as a result of forcible recruitment or abduction by non-state armed groups.(1-6) Table 1 provides key indicators on children’s work and education in the DRC.
    [Show full text]
  • No. ICC-01/04-02/12 18 December
    ICC-01/04-02/12-3-tENG 12-04-2013 1/198 FB T Original: French No.: ICC-01/04-02/12 Date: 18 December 2012 TRIAL CHAMBER II Before: Judge Bruno Cotte, Presiding Judge Judge Fatoumata Dembele Diarra Judge Christine Van den Wyngaert SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. MATHIEU NGUDJOLO Public document Judgment pursuant to article 74 of the Statute No. ICC-01/04-02/12 1 18 December 2012 Official Court Translation ICC-01/04-02/12-3-tENG 12-04-2013 2/198 FB T Decision to be notified in accordance with regulation 31 of the Regulations of the Court to: Office of the Prosecutor Counsel for Mathieu Ngudjolo Chui Ms Fatou Bensouda, Prosecutor Mr Jean-Pierre Kilenda Kakengi Basila Mr Éric MacDonald, Senior Trial Lawyer Mr Jean-Pierre Fofé Djofia Malewa Legal Representatives of Victims Legal Representatives of Applicants Mr Jean-Louis Gilissen Mr Fidel Nsita Luvengika Unrepresented Victims Unrepresented Applicants for Participation/Reparations Office of Public Counsel for Victims Office of Public Counsel for the Defence States’ Representatives REGISTRY Registrar Counsel Support Section Ms Silvana Arbia Victims and Witnesses Unit Detention Section Ms Maria-Luisa Martinod-Jacome Mr Patrick Craig Victims Participation and Reparations Other Section No. ICC-01/04-02/12 2 18 December 2012 Official Court Translation ICC-01/04-02/12-3-tENG 12-04-2013 3/198 FB T I. OVERVIEW.............................................................................................................. 6 A. LOCATION OF BOGORO.................................................................................. 6 B. THE ACCUSED.................................................................................................... 7 C. THE CHARGES.................................................................................................... 7 II. BRIEF HISTORY OF THE CASE........................................................................
    [Show full text]
  • General Assembly Distr.: General 27 July 2015
    United Nations A/HRC/30/32 General Assembly Distr.: General 27 July 2015 Original: English Human Rights Council Thirtieth session Agenda items 2 and 10 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Technical assistance and capacity-building Situation of human rights and the activities of the United Nations Joint Human Rights Office in the Democratic Republic of the Congo Report of the United Nations High Commissioner for Human Rights Summary In its resolution 27/27, the Council invited the United Nations High Commissioner for Human Rights to submit a report to it at its thirtieth session. The present report on the situation of human rights and the activities of the United Nations Joint Human Rights Office in the Democratic Republic of the Congo assesses the progress made by the Government of the Democratic Republic of the Congo in implementing the recommendations made by the Office of the United Nations High Commissioner for Human Rights (OHCHR) and other United Nations human rights mechanisms. The report covers the period from June 2014 to May 2015. The High Commissioner commends the efforts made by the authorities to address the recommendations, which have resulted in important developments, including the establishment of the National Human Rights Commission and the implementation of the action plan of the Armed Forces of the Democratic Republic of the Congo (Forces armées de la République démocratique du Congo — FARDC) on fighting sexual violence. The High Commissioner also notes progress in the fight against impunity, particularly with the conclusion of several emblematic trials, including those of two former FARDC soldiers who were on a list of five senior army officers who had allegedly committed serious crimes.
    [Show full text]
  • Local Resistance and Regional Alliances in North-Eastern Congo Rift Valley Institute | Usalama Project
    RIFT VALLEY INSTITUTE | USALAMA PROJECT UNDERSTANDING CONGOLESE ARMED GROUPS FNI AND FRPI LOCAL RESISTANCE AND REGIONAL ALLIANCES IN NORTH-EASTERN CONGO RIFT VALLEY INSTITUTE | USALAMA PROJECT FNI and FRPI Local resistance and regional alliances in north-eastern Congo HENNING TAMM Published in 2013 by the Rift Valley Institute 1 St Luke’s Mews, London W11 1DF, United Kingdom PO Box 30710 GPO, 0100 Nairobi, Kenya THE USALAMA PROJECT The Rift Valley Institute’s Usalama Project documents armed groups in the Democratic Republic of the Congo. The project is supported by Humanity United and Open Square, and undertaken in collaboration with the Catholic University of Bukavu. THE RIFT VALLEY INSTITUTE (RVI) The Rift Valley Institute (www.riftvalley.net) works in Eastern and Central Africa to bring local knowledge to bear on social, political, and economic development. THE AUTHOR Henning Tamm is a doctoral candidate in International Relations at St Antony’s College, University of Oxford, and a pre-doctoral fellow with the Program on Order, Conflict and Violence at Yale University. RESEARCH ASSISTANTS: Didi Angaika and Claude Lonzama. Neither bears any responsibility for the contents of the report. RVI ExECUTIVE DIRECTOR: John Ryle RVI PROGRAMME DIRECTOR: Christopher Kidner RVI USALAMA PROJECT DIRECTOR: Jason Stearns RVI USALAMA DEPUTY PROJECT DIRECTOR: Willy Mikenye RVI Great LAkES PROGRAMME MANAGER: Michel Thill RVI PUblications MANAGER: Fergus Nicoll RVI Information OFFICER: Tymon Kiepe Report DESIGN: Lindsay Nash MAPS: Jillian Luff, MAPgrafix PRINTING: Intype Libra Ltd., 3/4 Elm Grove Industrial Estate, London SW19 4HE ISbN 978-1-907431-19-7 COVER: MONUC escorts FRPI members to a demobilization and reintegration meeting in Aveba, Ituri (2006).
    [Show full text]
  • Report of the Criminal Law and Judicial Advisory Service Combatting Impunity in the Democratic Republic of the Congo Lessons
    Report of the Criminal Law and Judicial Advisory Service Combatting Impunity in the Democratic Republic of the Congo Lessons Learned from the United Nations Prosecution Support Cell Programme June 2015 Table of Contents List of Acronyms .......................................................................................................................................... ii INTRODUCTION ....................................................................................................................................... iii EXECUTIVE SUMMARY ......................................................................................................................... iv A. BACKGROUND TO THE ESTABLISHMENT OF THE PSC PROGRAMME ............................ 1 B. ACHIEVEMENTS AND IMPACT .................................................................................................. 4 a) Specific cases supported ............................................................................................................... 5 b) Other Indicators of Impact ............................................................................................................ 7 c) Training ......................................................................................................................................... 9 C. LESSONS LEARNED .................................................................................................................... 10 a) Composition and Structure .........................................................................................................
    [Show full text]
  • THE DEMOCRATIC REPUBLIC of CONGO COUNTRY of ORIGIN INFORMATION (COI) REPORT COI Service
    THE DEMOCRATIC REPUBLIC OF CONGO COUNTRY OF ORIGIN INFORMATION (COI) REPORT COI Service 9 March 2012 THE DEMOCRATIC REPUBLIC OF CONGO 9 MARCH 2012 Contents Preface Latest News EVENTS IN THE DEMOCRATIC REPUBLIC OF CONGO FROM 2 DECEMBER 2011 TO 29 FEBRUARY 2012 Useful news sources for further information REPORTS ON THE DEMOCRATIC REPUBLIC OF CONGO PUBLISHED OR ACCESSED BETWEEN 2 DECEMBER 2011 AND 29 FEBRUARY 2012 Paragraphs Background Information 1. GEOGRAPHY ............................................................................................................... 1.01 Map ........................................................................................................................... 1.10 2. ECONOMY .................................................................................................................. 2.01 Corruption ............................................................................................................... 2.05 3. HISTORY (1960 TO 2010) ............................................................................................ 3.01 Independence and the Mobutu era (1960 - 1997) ................................................ 3.02 The end of the cold war and democratisation (1990 - 1993) ............................... 3.04 Rwandan crisis, civil war and the end of Mr Mobutu (1993 - 1997) .................... 3.05 Laurent Kabila and a second war (1997 - 2001) .................................................. 3.06 Joseph Kabila, end of civil war and transitional government (2001 - 2005) ...
    [Show full text]
  • Natural Resources and Polywar in the Ituri District, Democratic Republic of the Congo
    Rethinking the Resource Curse: Natural Resources and Polywar in the Ituri District, Democratic Republic of the Congo By Dan Fahey A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Environmental Science, Policy and Management in the Graduate Division of the University of California, Berkeley Committee in charge: Prof. Nancy Peluso, Chair Prof. Kate O’Neill Prof. Michael Watts Prof. Ron Hassner Fall 2011 Abstract Rethinking the Resource Curse: Natural Resources and Polywar in the Ituri District, Democratic Republic of the Congo By Dan Fahey Doctor of Philosophy in Environmental Science, Policy and Management University of California, Berkeley Professor Nancy Peluso, Chair This dissertation examines the people, events and processes that contributed to the onset and duration of war in the Democratic Republic of the Congo, with a focus on armed conflict in northeast Congo’s Ituri district. Building upon theories about the typology of war and critically engaging literature that depicts Congo’s wars as civil wars, I argue that war in Congo was a polywar of numerous internal and international conflicts taking place in the same geographic area. The concept of polywar helps to make sense of how several disparate armed conflicts coalesced in 1996 to produce a regional war that absorbed pre- existing conflicts and spawned new wars. One such new war started in June 1999, when a relatively minor dispute in Ituri escalated into a major war that killed 60,000 people before it ended in November 2007. Two natural resources – gold and land – figured prominently in war in Ituri, although in ways anomalous to conceptions of the resource curse equating resource abundance with increased risk of civil war.
    [Show full text]
  • CONFLICT-RELATED SEXUAL VIOLENCE Report of the United Nations Secretary-General
    photo | marco dormino CONFLICT-RELATED SEXUAL VIOLENCE report of the united nations secretary-general s/2020/487 03 June 2020 I. I N T R O D U C T I O N 1. The present report, which covers the period and address the diverse experiences of all survivors. from January to December 2019, is submitted pursuant This approach is critical to ensuring that no one is left to Security Council resolution 2467 (2019), in which behind or excluded from the dividends of peace and the Council requested me to report on the development. implementation of resolutions 1820 (2008), 1888 (2009), 1960 (2010) and 2106 (2013). 4. The term “conflict-related sexual violence”, as used in the present report, refers to rape, sexual 2. In April 2019, through the adoption of slavery, forced prostitution, forced pregnancy, forced resolution 2467 (2019), the Security Council abortion, enforced sterilization, forced marriage, and recognized the need for a survivor-centred approach any other form of sexual violence of comparable to inform all measures to prevent and address sexual gravity perpetrated against women, men, girls or boys violence in conflict and post-conflict situations. On 30 that is directly or indirectly linked to a conflict. This link un photo/mark garten un photo/mark October, the Office of my Special Representative on may be evident in the profile of the perpetrator, who is Sexual Violence in Conflict marked the 10-year often affiliated with a State or non-State armed group, anniversary of the mandate through a survivors’ which includes terrorist entities or networks; the hearing and the launch of a Global Survivors Fund profile of the victim, who is frequently an actual or spearheaded by the Nobel Laureates, Denis Mukwege perceived member of a persecuted political, ethnic or and Nadia Murad.
    [Show full text]
  • Laurent Nkundabatware, His Rwandan Allies, and the Ex- ANC Mutiny: Chronic Barriers to Lasting Peace in the Democratic Republic of the Congo
    Laurent Nkundabatware, His Rwandan Allies, and the Ex- ANC Mutiny: Chronic Barriers to Lasting Peace in the Democratic Republic of the Congo. By David Barouski 13 February, 2007. 1st Edition. This document may be distributed freely provided it is unaltered and distributed in whole. No photos taken by the author can be reproduced outside of this document without permission from the author. 1 For the untold millions of civilians in Central Africa who died just trying to survive day-to-day. For the children, and for current and former kadogos who had their childhood taken from them. For all peace-seeking Rwandan and Congolese people who want to return home but cannot. For all peace-seeking Congolese and Rwandan people who are treated like Ibicucu. For the living and deceased victims of the events described herein. For the brave members of the Collective. 2 Children living in the slums at the bottom of the hills in Children outside an orphanage: Kisangani, Kigali, Rwanda. Democratic Republic of the Congo. Photos by David Barouski. 2006. A child soldier (kadogo) in North Kivu Province, Rwandan orphans in Kabuga village Democratic Republic of the Congo. near Kigali. Photo by an anonymous Congolese civilian. Photo by Lord David Alton. Courtesy of the Congolese Civil Society. 3 Table of Contents Foreword………………………………………………………………………………………6 General Summary……………………………………………………………………………...10 Part 1: Chronology Chapter 1: Background…………………………...……………………………………………12 Chapter 2: Mutiny in Kisangani………………………………………………………………..28 Chapter 3: Rebellion…………………………………………………………………………...35
    [Show full text]