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A String of Departures from the ICC is Ringing Alarm Bells

Justice

Courtesy Alex Proimos/Flickr

This article was originally published by openDemocracy on 30 October 2016.

The news that three African states—Burundi, South Africa and now The Gambia—will quit the International Criminal Court marks a setback in the long struggle against impunity for grave crimes. Although the politics are specific to each country, the common thread underlying each of the three departures is cynical self-interest.

A number of Burundi’s current leaders no doubt fear that the Court, currently conducting a preliminary inquiry, may charge them with crimes against humanity for political violence which has taken the lives of hundreds of civilians and forced hundreds of thousands to flee. Indeed, Burundi’s notice of ICC withdrawal immediately followed its suspension of the activities of the UN human rights office to protest a UN report implicating the country’s security forces in massive rights violations.

The Gambia’s president, Yahya Jammeh, who came to power 22 years ago in a military coup and once infamously threatened human rights defenders with death, has been spouting further incendiary rhetoric in the run-up to elections this December. His Minister of Information’s characterization of the ICC as “an International Caucasian Court for the persecution and humiliation of people of color, especially Africans”, seems designed to employ anti-ICC rhetoric to hide the facts of the regime’s ugly record.

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Never Again to Genocide Trials

Srebrenica massacre memorial gravestones 2009

Srebrenica massacre memorial gravestones 2009. Photo: Wikimedia Commons.

HEIDELBERG – Rarely does one read such hopeful news: in late June, the International Criminal Tribunal for the former Yugoslavia (ICTY) acquitted former Bosnian Serb leader Radovan Karadžić of genocide. That might sound like a bad thing: Karadžić, who once warned Bosnia’s Muslims that war would lead them down the road to hell, surely deserves to be sentenced for the acts of which he was just acquitted – murder, siege, and slaughter almost beyond naming. But for genocide? Better not.

In fact, we would be better off getting rid of genocide as a crime altogether. The legal concept of genocide is so incoherent, so harmful to the purposes that international law serves, that it would be better if we had never invented it. Karadžić’s acquittal – precisely because he is still on trial on other counts related to the same atrocities – is an opportunity to move toward the sensible goal of retiring it. » More

ICC and Ivory Coast: A Step in the Right Direction – If More Are to Follow

Laurent Koudou Gbagbo in Courtroom I of the International Criminal Court, The Hague, Netherlands, Monday 5 December 2011. © ICC-CPI/AP Photo/Peter Dejong

I wonder how Laurent Gbagbo, sitting in his cell in the International Criminal Court’s (ICC’s) prison in Scheveningen, has reacted to the announcement of the result of Ivory Coast’s legislative elections on 15 December. Alassane Ouattara’s ruling coalition won an overwhelming majority in the national assembly – nearly 220 out of a total of 254 seats. These elections followed a period of violent upheaval in response to the disputed presidential elections of October 2010. They were, however, marked by low voter turnout (36.6%) and a boycott by the opposition.

But while Gbagbo may be satisfied with the effectiveness of the electoral boycott, he nevertheless ceases to have any direct influence within the political system of Ivory Coast. Instead, he can call himself the first former head of state to stand trial at the ICC. Gbagbo’s arrest warrant lists four charges of crimes against humanity, alleged to have occurred between 16 December 2010 and 12 April 2011.

The new chief prosecutor confirmed that the ICC became active in this case upon the request of the Ouattara government. Prior to the legislative elections Gbagbo was moved from house
arrest in the Ivory Coast to The Hague. The move reflects Gbagbo’s convictions that as long as he was still in the country, Ouattara would not be able to govern. Thus, said one of his defense lawyers in an interview, Gbagbo considered the indictment as politically motivated. » More

Chile’s Ghosts

salvador allende with a background of flowers

The ex-President’s death remains a mystery, Photo: Oscar Ordenes/flickr

When it comes to natural disasters, Chile has a troubled past. As the plume of ash from volcanoes at Puehue and Cordón Caulle continues to blanket the skies and force people from their homes, rebuilding efforts following last year’s earthquake have only just begun. Fifty years ago Chile was also the site of the most powerful earthquake ever recorded – the gran terremoto, at Valdivia – and initial indications following this latest event suggest that the geological situation may get worse in the future.

But if its history of geological instability were not enough, Chile is also struggling with its political past. On 23 May, in compliance with a court order, the body of former President Salvador Allende was exhumed in order to begin a formal investigation into the disputed circumstances of his violent 1973 demise.

There are many versions of the events. The official story – and the one accepted by Allende’s family – is that the President shot himself (with an AK-47 given to him by none other than Fidel Castro) shortly before rebel forces stormed his office. Another version has it, instead, that he was gunned down in a defiant last stand; yet another, that he was executed by a subordinate after a botched suicide attempt. But the man ultimately responsible (if probably not personally) for Allende’s death is General Augusto Pinochet himself, whose successful coup d’etat then saw him installed first as the head of the governing junta and then as president. » More

Nobel Women’s Initiative 2011

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Survivors of sexual violence at a women’s centre. photo: Amnesty International/flickr

Yesterday, 23 May, the third international gathering of the Nobel Women’s Initiative opened its gates in Quebec, Canada. This year it carries the title Women Forging a New Security: Ending Sexual Violence in Conflict. For three days, over 120 civil society activists, corporate and security sector leaders, military and peacekeeping personnel, academics from around the world, and numerous Nobel Peace Laureates are convening to discuss strategies for tackling sexual violence in conflict.

Sexual violence in times of war or turmoil is not at all a new phenomenon. Rape has shadowed war for as long as armies have marched into battle. In the past four decades, however, the scale of sexual violence has come to reach almost surreal proportions. While “traditional” warfare was, in the past, characterized by a clash of armed forces, wars have developed more and more into internal armed conflicts. The targets are increasingly often civilians, turning rape and sexual attack into useful forms of war and a core military strategy in conflicts around the world, from Sudan to Burma to Colombia.

Rape is the most intrusive of traumatic events. Sexual violence is as damaging as a bullet. It destroys not only the body of the victim, but the basic social fabric of the community. Where sexual violence has been a way of war, it destroys the way of life. Rape shatters traditions that anchor community values, disrupting their transmission to future generations. Children accustomed to rape and violence grow into adults who accept them as the norm. » More

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