SOMALIA AND SOMALILAND

The authors consider the recent referral by the UN Security Council of the situation in the western region of Sudan (Darfur) for investigation and prosecution to the International Criminal Court. The paper focuses on the context of this referral, especially since the referral signals a capitulation by the United States of America (which had the power to veto the referral) in the face of worldwide pressure for the United Nations to take action against perpetrators of atrocities in Sudan. In considering the referral, the authors point out that the International Criminal Court has been handed a hot potato. Because it is one of the first cases that the court will hear, the spotlight will be on the court's effectiveness as an instrument of international criminal justice. Sudan is not party to the court's statute, however, and accordingly owes the court no obligation to cooperate in the investigation and prosecution of Sudanese offenders.     

A plan for military intervention in Darfur

This article contains a plan on how the African Union/United Nations hybrid force authorised by the UN Security Council in July 2007 could realistically and effectively use military power to save civilian lives in Darfur. It is envisaged that the international force, given its limited size, would mainly focus on protecting and policing refugee and internally displaced persons camps, rather than trying to stop all violence in the region. This intervention is unlikely to provoke a violent military reaction from the Sudanese government. In fact, a careful analysis of the conflict suggests that Khartoum has been engaged in a scorched-earth counterinsurgency rather than in an attempt to exterminate Darfur's ‘black’ population as an end in itself, and thus would stand to benefit from interveners' efforts to keep the camps demilitarised.     

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.     

NON-GOVERNMENT ORGANISATIONS IN PEACEKEEPING OPERATIONS

“An International Criminal Court (“the Court”) is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute.”     

The challenge and meaning of justice in northern Uganda

Even though the peace talks in northern Uganda have faltered, attempts at negotiations between the Ugandan government and the rebel Lord's Resistance Army are continuing. The current rapprochement between the two sides is the most significant move towards peace in the twenty-year civil war in northern Uganda. Even though the war has been extreme in its brutality, it is little known of outside the region—with reports on the conflict often portraying a protective government pitted against a crazed rebel group. But the issues are much more complex. The article examines the history of abuses and atrocities committed by both sides; the wider implications of the conflict for the north; why the rest of Uganda are seemingly disinterested in the conflict; and the politics behind why northern civil society have little trust in the Ugandan government or the International Criminal Court (ICC). The current prospect of peace has also stirred up the debate around justice and the forms of justice for victims of both rebel and government atrocities. And this is where the biggest cleft between the northern civil society and officialdom (government and international NGOs) resides. The article further examines the implications of the ICC's work in Uganda, and why there has been such widespread hostility towards it from northern civil society. The article also asks if—beyond the end of fighting and terror—peace will really mean that northern Uganda can finally partake in the prosperity the rest of the country has almost taken for granted.     

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.     

A FOCUS ON SMALL ARMS

For much of the past two years, the African Union Mission in Sudan (AMIS) has managed to achieve a semblance of stability in much of Darfur, which has been reflected in the improvement of humanitarian conditions. At the same time, the mission has come under serious international pressure to respond appropriately to the deteriorating security situation on the ground by enhancing its presence and effectiveness. Subsequently, following the decisions of the AU Peace and Security Council (PSC), AMIS has undertaken two successive enhancements. Although the last enhancement exercise was remarkably successful, it could not be considered complete without the provision of the outstanding personnel and logistics by both member countries and the international partners. Meanwhile, serious challenges continue to undermine the mission's effectiveness and its prospects, not the least of these obstacles being adequate funding. At present, the mission is in a dilemma with respect to its mandate, engaging with the parties, partners, implementation of the N'sDjamena Humanitarian Ceasefire Agreement (HCFA), and the way forward, as the AU is now almost totally dependent on external donations to sustain its Darfur operations. This article therefore explores the way forward in all these thematic areas in order to make appropriate recommendations.     

UNAMID: an African solution to a complex case of geopolitical dynamics

This article examines the geopolitical dynamics associated with the African Union (AU) and United Nations hybrid operation in Darfur (UNAMID) from the start of the Darfur conflict in 2003 until the time when UNAMID became fully operational in 2011. It provides an overview of the complex forces and geopolitical dynamics that affected the deployment of UNAMID and shaped its unique hybrid character. It mainly highlights those primary geopolitical factors that hindered the full deployment of UNAMID. It is concluded that this period was a showcase for the newly established AU and its support for its member states, as well as a new approach for the international community to maintain international peace and security in alliance with regional organisations.     

THE ICC'S ROLE IN AFRICA

The newly constituted International Criminal Court is an important development in the fight against the most serious crimes of international concern. It will only be possible to look more closely at the role and impact of the court in the world, and Africa in particular, once it is explained how the court and its organs will function. In this regard the court's jurisdiction, the concept of complementarity and the role of the prosecutor are important. It would then be possible to see if the ICC could get involved in Africa, or whether it could be prevented from investigating and prosecuting such crimes. At the moment, it appears that the role of the ICC in Africa will be limited.     

试论军事刑事司法专属管辖的根据

军事刑事司法专属管辖划分的根据在军事法学界存在着争议,在法律规范的规定中也是非常原则,缺乏可操作性。本文从军事法学界对军事刑事司法专属管辖根据的不同学术观点入手,依据我国现行法律规范的零散性规定,以军事司法权的内在属性为理论依托,论证了我国军事刑事司法专属管辖根据的原则与例外。     

浅析达尔富尔和平进程及其面临的挑战

达尔富尔危机始于2003年2月。这场危机主要是由北方的游牧民与南方的定居农民之间对生存资源的争夺而引发的国内冲突。在国际社会的斡旋下，苏丹政府已与几个反政府武装签署了和平协议，并同意部署联合国-非盟混合维和行动，达尔富尔地区的和平进程已步入正轨。由于苏丹国内的复杂形势和困难，达尔富尔地区的和平进程仍面临诸多挑战，和平与和解之路仍然漫长。     

对消防刑事案件侦查中几个问题的思考

公安消防机构对“两案”刑事管辖权的确立与相关法律法规的滞后,引发了“两案”侦查的先天缺陷与不足,表现为侦查与调查的错位,管辖分工不明确和立案标准的不统一、不规范等问题。对上述问题的研究,不但可以解决“两案”办理的实际问题,还能弥补“两案”侦查理论研究的不足。     

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.     

The politics of international chemical weapon justice: The case of Syria, 2011–2017

There has been near-universal condemnation of the use of chemical weapons in the Syrian conflict. The international community has nevertheless struggled to make progress on holding the perpetrators to account. This article reviews developments at the international level in terms of Syrian chemical weapon justice between 2011 and 2017. It argues that there have been substantive disagreements between states on the rationale and means of justice in the Syrian case. It also argues that international initiatives have been tightly intertwined with developments in chemical disarmament and conflict resolution processes as well as the broader war. The article describes progress and challenges to chemical weapon justice in a number of distinct formal international mechanisms during the period studied. The analysis concludes by contextualizing international responses—including the U.S. tomahawk strikes against a Syrian airbase—to the Khan Shaykhun chemical attacks of April 2017.     

军人犯罪刑事政策探究

刑事政策是大刑事法思想的基本范畴 ,军人犯罪刑事政策是国家基本刑事政策在军队的具体沿用。军人犯罪刑事政策是由军委就一定时期军队犯罪情况制订的原则性指导意见 ,它不直接对某一犯罪人作出评判 ,而是作为军事立法机关和司法机关形成最终法律判断的动态标准。     

EASTERN SUDAN INDIGENOUS CONFLICT PREVENTION,MANAGEMENT AND RESOLUTION MECHANISMS

In the wake of heightened media and political pressure about the Darfur humanitarian catastrophe, the African Union (AU) hurriedly deployed its monitors in Darfur, to be augmented later by a protection force to safeguard the monitors, albeit without adequate pre-deployment and logistic assessment. Without doubt, the Darfur crisis has become the AU's major preoccupation for the past year. The deployment of the African Mission in Sudan (AMIS) since June 2004 has presented many challenges to the AU and its partners. A restrictive mandate, inadequate troops to cover Darfur, serious operational, logistical and capacity shortfalls have combined in an inextricable way to present the AU's mission to some observers as spineless and ineffective. The UN and partners have acknowledged the lead role of the AU in Darfur, and have been very supportive with assistance in these critical deficient areas. How the AU will take advantage of this favourable environment and optimise the benefits from its partners will be crucial to its success in Darfur. The article emphasises the need for the AU to strengthen its capacity and expertise at all levels of command through technical cooperation and appropriate assistance from the UN and partners. The entire world is waiting to see how Africa delivers on this critical assignment.     

军事刑事审判级别管辖的划分依据解读

军事刑事审判级别管辖的划分根据不同于普通刑事审判级别管辖的划分根据,它是以被告人的职务等级作为划分依据的。那么,这种划分依据的根据是什么?有无理论上的合理性?这便是本文所要探讨的问题。     

The United Nations-African Union Mission in Darfur: Implications and prospects for success

With the security situation in Darfur remaining grim, the international community passed United Nations Security Resolution 1769 that authorised a more robust peacekeeping force. This article addresses the security concerns motivating the United Nations-African Union Mission in Darfur (UNAMID), highlights the mandate and implications of the force, and compares the potential command and control issues to the experiences of the Somalia intervention in the 1990s. It closes by analysing the prospects for success of the intervention and offering some limited recommendations on ways to mitigate the risks associated with the peacekeeping effort.     

Combining restorative justice and social justice: Prospects of child soldiering transitional justice

ABSTRACT

The most critical challenges faced by war-affected communities where children have allegedly perpetrated atrocities include: finding transitional justice practices that address the needs of former belligerent children and those of victims and their communities; and helping to reintegrate child soldiers into society and avoid returning to hostilities. This paper demonstrates that these challenges can be overcome by taking a holistic approach to child soldiering transitional justice, which assimilates restorative justice and social justice. Such an approach simultaneously addresses child soldiers’ criminal accountability and pursues their psychosocial wellbeing. The findings are based on a selective scholarship supported by fieldwork that was conducted in the Democratic Republic of Congo between May and December 2014 in North Kivu province. Data was gathered through semi-structured interviews, focus group discussions and survey questionnaires based on a randomised sample of 282 participants. These included self-demobilised child soldiers, members of war-affected communities, students/learners, educators, local traditional leaders, government officials, child protection lawyers and members of non-governmental organisations.     

Chemical-weapon use in Syria: atrocities,attribution, and accountability

ABSTRACT

International efforts to hold the government of President Bashar al-Assad accountable for the use of chemical weapons in the Syrian Civil War have entered a new phase. For the first time, the Organisation for the Prohibition of Chemical Weapons (OPCW), the international organization responsible for implementing the 1993 Chemical Weapons Convention, has been empowered to identify the perpetrators of chemical attacks in Syria. The Investigation and Identification Team (IIT), which was formed to conduct the OPCW’s new attribution mission, has announced its intention to investigate and identify the perpetrators of nine chemical attacks in Syria, including the April 7, 2018, attack in Douma. This article reviews recent efforts to attribute chemical attacks in Syria, describes what we know about the nine incidents to be investigated, summarizes what is known about the Syrian government officials, military commanders, and chemical-warfare scientists suspected of being responsible for these attacks, discusses what to expect during the next phase of the attribution process, and offers insights into how the international community can move beyond attribution to accountability. Accountability is necessary to provide justice for victims and to prevent future incidents by demonstrating that perpetrators of chemical attacks will be identified and punished.