The International Criminal Court and the Deterrence of Human Rights Atrocities

Research on human rights treaties has mostly reached depressingly similar conclusions – that such treaties and their resulting institutions have little or no impact on human rights. The International Criminal Court, however, possesses significant power to investigate and prosecute violations of international law that equip it with potentially more influence than previous human rights regimes. I suggest, however, that the impact of the ICC on human rights is conditioned by signatory governments’ commitment to good governance and acceptance of the role of the ICC in addressing violations of international law. I develop a two-stage model of ICC ratification and human rights abuse that shows that while many states have ratified the ICC Treaty, not all are committed to stopping the crimes under its jurisdiction. Rather, state commitment to human rights depends first on its commitment to the rule of law within its own borders. Second, commitment to human rights depends on states’ willingness to grant the ICC the powers necessary to carry out its mission. Through a number of statistical tests, I find strong support for these hypotheses on states’ human rights and propensity for violence.     

CRISIS RESPONSE CAPABILITY

As the leading economic and political power in the region, South Africa cannot afford to neglect its responsibility toward its regional neighbours. If South Africa does not accept the role, an outside power may step in to fill the vacuum. The creation of peace, security and stability will not be created without action and it will not be maintained by goodwill. Developing a crisis response force is clearly required of South Africa. The force should be able to work co-operatively or autonomously in a range of missions n land and on rivers and lakes. Air-and sea-landed operations and air-support for ground operations should also be planned for. The SANDF does not have this ability at the moment but it should modify its structure and equipment to perform this important role in the region.     

Justice empowered or justice hampered: The International Criminal Court in Darfur

It came as a surprise to many international observers when, on 31 March 2005, the United Nations Security Council passed resolution 1593, which referred the situation in Darfur to the jurisdiction of the International Criminal Court. Some celebrated this event as initiating a new era in which international criminal justice would prevail, but they might have done well to consider the objections immediately raised by the representatives of the Sudanese government, which was not a party to the ICC, a point that created a series of impediments to the implementation of the resolution. For all that the ICC has been charged with investigating crimes against humanity in Darfur, its investigators are being prevented from seeking the evidence on the ground essential to any successful prosecution. The Sudanese government has so far maintained its obstructive position, arguing that it is capable of handling such cases within its own sovereign jurisdiction. The imperative of excluding the ICC from Darfur has contributed to Khartoum's objections to the deployment of a UN force to replace the African Union mission there. In sum: the challenges faced by the ICC in Darfur demonstrate that international criminal justice does not operate in a political vacuum.     

The rhetoric and practice of the international responsibility to prevent mass atrocities: Reflections on South Africa’s peacebuilding role in South Sudan (2005–2013)

While global consensus on the meaning and application of the responsibility to protect (R2P) principle remains tenuous, there is little contention among major actors that the development of the norm should prioritise the prevention of mass atrocities. In particular, Brazil, Russia, India, China and South Africa (BRICS) – which have a role to play that is vital to the future development of R2P as a global norm but which continue to express reservations about the intent and application of the doctrine – have been strong advocates of the preventive aspects of the principle. This rhetorical consensus, however, belies the conceptual and practical challenges that are associated with the prevention of mass atrocities. In this paper, the example of South Africa’s post-conflict reconstruction and development (PCRD) interventions in South Sudan from 2005 to 2013 is used to reflect on the role of external actors in supporting conflict-affected states to implement the preventive aspects of R2P. It is argued that while South Africa, like other BRICS countries, has used the rhetoric that atrocity prevention should be at the core of R2P to legitimise its opposition to military intervention for humanitarian purposes, it has struggled to back this rhetoric with coherent strategies and concrete actions to prevent mass atrocity crimes within its sphere of influence. The gap between rhetoric and practice in the preventive aspects of R2P is not unique to South Africa, but highlights fundamental difficulties inherent to global efforts to prevent mass atrocities.     

Walking a tightrope: the International Criminal Court and conflict prevention in Africa

Many African countries gained political independence in the 1960s. This era of independence came with promises and great expectations of economic, political and social development. Fifty years later, it is certain that the promises and expectations of independence have not been easily realised. Perennial violent conflicts have continued to ravage many countries in Africa, causing the catastrophic breakdown of law and order. Therefore, one of the major issues in conflict resolution discourse in Africa is how to develop functional mechanisms for the prevention of violent conflicts. This article examines the capacity of the International Criminal Court (ICC) to act as a mechanism for conflict prevention in Africa. Notwithstanding the doubts and uncertainties associated with the impact of law on conflict transformation, this article argues in the main that the ICC contributes to conflict prevention in Africa by expressing global norms of international law, challenging the culture of impunity in some countries, contributing to general deterrence, speedily intervening in some violent conflicts, and contributing to building some records of atrocities by identifying who did what.     

Political dynamics in Kenya’s post-electoral violence: Justice without peace or political compromise?

The political upheavals that erupted in Kenya after the release of the 2007–8 election results resulted in the death of approximately 1 200 people, as well as the loss of livestock and other valuable property. While the Kenyan government tried to seek solutions to the crisis, the International Criminal Court (ICC) issued warrants for the arrest of top government officials. For its part, the African Union (AU) accused the ICC of racism by targeting only African leaders, and maintained that such practices undermine the rule of equality before the law set forth in Article 27 of the Rome Statute. The AU is therefore advising African countries, including Kenya, to consider withdrawing from the ICC. Will the ICC's intervention into the situation in Kenya bring justice and peace to the country, or will it add to the existing injuries affecting not just the country but the region as well? Through a critical analysis of contemporary scholarly discourse, this article unravels the dilemma of the ICC's intervention and the likely consequences of this action for the people of Kenya and Africa.     

SECURITY AND FORCED MIGRATION CONCERNS IN SOUTH AFRICA

“As we close this century, there is for the first time realistic hope of a more just future. A Century stained with the sufferings of ceaseless war and atrocity is as much marked by our incomplete efforts to secure the foundations of an international society, one in which all peoples are equal and equally protected from abuse. The last decade has seen the application of dormant humanitarian principles and laws in various fora. The ICC offers us the opportunity to build on these disjointed enforcement efforts. A properly functioning permanent court will be humanity's best chance yet to move out of its self-destructive cycle. Justice is a vindication, a historical right and a deterrent.”     

UNITED STATES—SOUTH AFRICA RELATION

Abstract

The article evaluates the security challenges that are likely to occur along international borders in East Africa with the advent of the East African Community Common Market in July 2010. In an attempt to illustrate the porosity of borders and the likelihood that criminals could take advantage of the situation, the author describes the ease with which transnational crime could thrive (in the absence of efficient border security measures) under the guise of informal cross-border trade that derives its basis largely from the customs and historical linkages in the region. Border towns in the region are considered zones of risk but also opportunities for quick money-making ventures and deals that tend to attract a variety of criminals. While the danger is not alarmingly high, there is a likelihood that with the opening up of the East African Community to the free movement of goods and people, criminals will exploit this freedom to commit crimes such as human trafficking, drug smuggling and moving terrorists and contraband goods unless mechanisms are put in place to curtail these activities. Should this not happen, the mission of the East African Community could be jeopardised.     

Terrorism in West Africa: Real,emerging or imagined threats?

This essay locates the West African region in the context of the post-9/11 discourses on terrorism and counter-terrorism, particularly as it relates to the global war on terror. It identifies and analyses the issues and challenges that flow from the integration of West Africa into hegemonic transnational/globalised security arrangements, and the ways in which the emerging state (militaristic) and globalised security framework could reinforce or, paradoxically, undermine regional, intranational human and environmental security in one of Africa's most troubled regions. It critically examines the possibility of a terrorist threat in the region and analyses the global stakes involved in integrating West Africa into the global war on terror. On this basis, it concludes that zero-sum, militarist, globally driven solutions may fail to address the historical, political, and socio-economic roots of a possible terrorist threat in West Africa.     

基于AHP和模糊理论的船载防空兵防空能力研究

船载防空兵在船队航渡过程中,其防空能力的强弱与否,对整个船队的安全起着不可忽视的作用。首先采用AHP法确定各因素的权重,然后运用模糊综合评判对船载防空兵的防空能力进行综合评分,主要用于对船载防空兵的防空能力进行排序,为防空兵作战指挥人员提供量化分析。     

Combating Islamist radicalisation in South Africa

Is radical Islamism spreading in South Africa? The answer has to be an emphatic ‘yes’. When discussing issues of radicalisation in Africa, commentators often examine the case of Somalia's al-Shabaab or al-Qaeda's North African franchise, al-Qaeda in the Islamic Maghreb (AQIM). Very little attention is paid to radicalisation amongst South Africa's Muslim population. Yet, there is growing evidence that South Africa has come to play an important role in global jihadi networks, from the provision of safehouses and identity documents to the movement of funds and the existence of paramilitary camps for local and foreign jihadis. This paper aims to briefly examine radicalisation and its attendant sources in the country, as well as seeking ways to combat it utilising lessons learned from other countries. ‘Institutional socialisation’ by means of the sources of radicalisation, as well as the concept of what could be termed ‘the democratisation of jihad’ are discussed. The author also proposes ways to combat radicalisation in South Africa utilising lessons learned from other countries, concluding that issues of radicalisation and deradicalisation have to be dealt with on the part of both government and the South African Muslim community.     

行政强制执行权属性辨析

在人民法院行政机关申请强制执行的情况下,人民法院所行使的权力并不是行政强制执行权,而是司法强制执行权。事实上,在这种情况下,是司法强制执行权代替行政强制执行权。这种替代以两者在功能上的相似性为基础,以司法权对行政权的制约为必要。     

Political transition to democracy

This paper argues that the crisis of electoral democracy in Zimbabwe and Cote d'Ivoire is a result of underlying structural and institutional deficiencies within national and regional multinational institutions. It assesses the extent to which they have been ‘enablers’ or ‘spoilers’ of electoral-based transitions to democracy. Yet it avoids generalisations of the security sector's involvement in political transitions. In terms of structure, the paper is divided into four sections. Section one will briefly discuss the theoretical perspectives of the election-democracy trajectory. It argues that although elections are a major variable for democracy, unless the ‘ecology of elections’ is conducive, elections may not be an instrument of transition to democracy. The second section analyses the militarisation of politics and the role of the security sector in aiding or stalling democratisation. Section three will assess the role of regional organisations such as the Southern African Development Community, Economic Community of West African States and the African Union in electoral-based political transitions in Africa. Lastly, the paper will discuss how the security sector and multinational African institutions can aid political transitions to democracy in troubled African countries.     

走私 运输毒品案件的特点及侦查对策

受国际毒潮的影响,我国的毒品犯罪形势日趋严峻和复杂,而在毒品犯罪中,走私、运输毒品犯罪占有相当大的比例。由于毒品的走私和运输,带来了毒品的消费,引发了吸毒的蔓延,我国的毒品问题呈现出“多头入境、多线渗透、多点中转、多地集散、多地消费”的状况。研究走私、运输毒品案件的特点,有助于了解走私、运输毒品案件的规律,指导禁毒部门采取有针对性的侦查对策,有力地打击走私、运输毒品犯罪。     

How might Democratisation Affect Military Professionalism in Africa? Reviewing the Literature

The search continues for methods to improve security for development in Sub-Saharan Africa. One of the important actors in this security arena is Sub-Saharan African governments’ armies. Much of their capability to meet security challenge depends on how militarily professional they are. The wave of democratic evolution in Africa since 1990 also affected military professionalism. This article reviews three models for assessing how democratisation might affect military professionalism in Sub-Saharan Africa, with special attention to post-conflict states. This should make it possible to decide which analytical methods are most appropriate to measure military professionalism in the particular circumstances of Sub-Saharan African post-conflict democratisation. Depending upon the particular nation-state in question, this decision on analytical methods may be useful for other Sub-Saharan states as well.     

REGIONAL TRAFFICK

That West African criminal networks have contributed to the growth of organised crime in Southern Africa is clear. Though often remarked upon, these networks are seldom understood. This essay assesses the information available on how these groups, mainly Nigerian, have penetrated and operated in the region. Technology, mobile phone and the internet, for instance, as well as a reliance on close-knit ethnic groups enable networks to expand their illicit activities very rapidly and at the expense of national law enforcement agencies. Affected by economic decline in Nigeria and blaming that decline on the West, some Nigerian networks view their crimes as justifiable and legitimate business. South Africa, since the end of apartheid is the main focus but Mozambique, Zimbabwe, Angola and Namibia are important points in the chain. Drug trafficking, advance fee fraud, kidnapping, cheque and credit card fraud, stolen goods and trafficking in humans are all part of the repertoire.     

THE CREATION OF THE ICC

The implications for African states of the recently created International Criminal Court should be carefully considered. There are far-reaching limitations placed on the ICC's jurisdictional scheme, both temporally as well as by the preconditions to the exercise of jurisdiction in the form of territoriality and nationality. The Court's powers may also be constrained out of deference to the grant of an internationally acceptable amnesty, and national courts may be constrained to recognise immunities from prosecution for high-ranking officials. These limitations need to be properly understood so that the ICC can be effectively utilised by African States to declare and act upon their commitment to the principle of individual criminal liability for those responsible for the most serious crimes.     

海上犯罪案件的特点及侦查方略研究

随着海洋经济的迅速发展,海上人、财、物的流动急剧增加,海上治安形势日趋复杂。海上抢劫、盗窃、偷渡及贩枪贩毒等犯罪活动呈多发态势,这严重破坏了海上的生产作业秩序,危害了海上治安秩序的稳定。研究海上犯罪案件的特,点,有助于公安边防部门采取有针对性的侦查方略,有力地打击海上犯罪,以创造安全、有序的海上治安环境。     

THE POST-9/11 SECURITY AGENDA AND PEACEKEEPING IN AFRICA

There are two mainstream schools of thought about the impact of the war against terror on international efforts to resolve African conflicts. One sees in the war against terrorism a renewed focus on eradicating the root causes of civil war in Africa and elsewhere, simply because it is believed that it is these conditions that foster the kind of political alienation that propels people into committing acts of terror. The other sees the continued marginalisation of Africa by powerful nations that, despite rhetoric to the contrary, have clearly become so preoccupied with their own security agenda that the bulk of resources will be directed towards combating the symptoms, rather than the root causes, of terrorism. This article asserts that the US, UN and African responses to 11 September open the door for a manipulation and redefinition of terrorism to justify crackdowns on legitimate dissent, and that peacekeeping and peace-building in Africa must inevitably take a back seat to the war on terror. It calls for a more sober and balanced perspective on what is needed to cope with the ever-increasing challenges to human security in Africa.     

AHP-SWOT分析法在控制下交付行动方案决策中的应用

控制下交付作为打击毒品犯罪尤其是跨国有组织毒品犯罪的重要措施和手段,已发挥越来越重要的作用,是其他缉毒措施和手段无法取代的。但是,由于毒品犯罪的集团化、国际化、种类多元化程度加剧,使得控制下交付的复杂性与不确定性越来越明显。鉴于此,将AHP植入SWOT分析法中,以定性和定量相结合的科学方法解决控制下交付行动方案的优选问题,对提高控制下交付的成功率具有重要意义。