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kenya-election-webBy ANTHONY DiROSA

The following is the final entry in a three part series on Kenya’s 2013 general elections and their implications for similar mass atrocity prevention efforts moving forward. The peaceful Kenyan election this past March was hailed as a major victory for those working to prevent a repeat of the mass atrocities committed in the aftermath of the 2007-2008 elections. From the perspective of the mass atrocity prevention community, Kenya did a commendable job in upholding their responsibility to protect populations from mass atrocities. The international community also succeeded in assisting national and local authorities throughout this process. Thus, both fulfilled their 1st and 2nd pillar responsibilities under the “Responsibility to Protect” (R2P) framework, which are, accordingly: that a state must uphold its responsibility to protect its populations, and that if that state is unable to do so, the international community has an obligation to assist. Lessons learned from the 2007-2008 atrocities catalyzed both domestic and international momentum to proactively address the risk factors and causes of potential violence. But does the Kenyan case study represent a true shining example of successful R2P application, as well as a model for future applications in unstable democracies? Or were there unique circumstances germane to this case and/or a large overhype of the risks that make this atrocity prevention success not as generalizable a model as some may think? 

A True Model of 1st and 2nd Pillar R2P or an Aberration?

Kenya was certainly seen as a resounding success within the mass atrocity prevention community, but what are the lessons and best practices that are logically transferable to similar cases where there’s risk for political violence? In terms of the risk of mass atrocities, Kenya was indeed a unique case for several main reasons. Kenya’s government was first of all deeply committed to avoiding the same pitfalls suffered during the last national election cycle, where over 1,000 were killed and 350,000 displaced. These events prompted a political crisis, subsequent ICC indictments and led to the rapid destruction of more than half of the country’s GDP. Following this, Nairobi engaged in massive reforms, local and national conflict mediation efforts and greatly enhanced its police presence prior to the elections. These efforts fostered a narrative for a national violence prevention agenda that had not been seen in Kenya during past election cycles, essentially laying a strong foundation for creating a culture of accountability aimed at dissuading the incitement of political violenceIn these five years, Kenya actuated a multidimensional peace industry that involved cohorts and partners from all walks of life, all invested in the same goal. It’s hard expect such an effort to replicated elsewhere in Africa where lack of resources, institutional capacity and political will would probably be in short supply compared to the Kenyan case. The feasibility of implementing highly coordinated tech campaigns in the DRC or Somalia is practically impossible compared to doing so in Nairobi, also known as the “Silicon Savannah”, as the disparities with infrastructure, resources and outside assistance are stark.  But while the individual building blocks of peace were positioned to succeed in the Kenyan case, that doesn’t mean the blueprint of what worked in Kenya can’t be utilized in similar cases.

Secondly, when advocating for mass atrocity prevention in nations where strong electoral management and effective governance are lacking, strong institutions are usually the first defense against fraud and instability. Kenya, who many see as a model for democracy amongst East African nations, had institutions that weren’t completely broken, but rather in serious need of fixing. In other fledgling democracies it may be hard to quickly repair and restore confidence in institutions in order to establish a foundation for a peaceful democratic process, that of which Kenya managed to achieve in a relatively short period of time. Thirdly, the main risk in Kenya was election-based violence, which means the roots of violence weren’t nearly as deep as other countries in the region like the DRC, Sudan, or Somalia, where mass atrocities are being committed in the context of civil wars and widespread militia-based fighting. A key wildcard in this case was the ICC’s involvement after the last general elections and the symbolic impact they had on dissuading violence. It’s easy to see that the Hague was a powerful antidote to violence in Kenya, just as it’s not in Khartoum.

Another factor that makes the model utilized in Kenya ungeneralizable to other R2P cases is that the Kenyan government was fully committed to atrocities prevention for a variety of reasons previously mentioned. Externally driven capacity building, robust civil society partnerships and various election observers were more than welcomed by Nairobi, which differentiates this from more classic R2P cases where atrocities are occurring in closed systems, like Syria or Sudan. Many allege that the general elections were a classic case of the dog that didn’t bark, and that over hype and exaggeration distorted the true risk of mass atrocities. It remains hard to prove how much of an effect various initiatives had on the risk of violence during the elections, which may render the exactitude of recommendations for future cases somewhat unclear. Whether there was over hype or not isn’t going to bug policymakers, citizens, or international investors when considering the alternative, inaction, but it does muddy the waters for the international community when seeking to replicate, with confidence, the ingredients of the Kenyan model.  The Kenyan example was uniquely geared towards a strong possibility of peace, that doesn’t mean some of the preemptive efforts taken can’t be seen as a successful utilization of the R2P toolkit. Certain lessons in Kenya may be useful in helping assist unstable democracies where election violence is a serious concern, such as Zimbabwe, Madagascar and Mali in the short-term. The lessons and successes/failures in coordinating local early warning and response systems, pressuring political leaders to limit incitement, training indigenous media outlets to spread tolerance, and strengthening local capacities for peace, should be shared widely within the mass atrocity/ genocide prevention community.

Finally, part of the ‘Responsibility to Protect’ norm requires governments and the international community to work to ensure sustainable peace by addressing the root causes of violence. In fact, the International Commission for Intervention and State Sovereignty (ICISS) Report from 2001, one of the foundational documents of R2P, considered this to be the international community’s most important obligation. To think that root causes of Kenya’s past atrocities have been completely addressed because of one short-term success would be dangerous and irresponsible. It is the obligation of the international community to assist Kenya in addressing these root causes in order to ensure long-term mass atrocity prevention. As Kenya exhales after a tense several months, the international community must begin this process while consolidating on gains made in enhancing civil society capacities and institutional accountability, particularly the judiciary. Newly appointed President Kenyatta must work to further establish trust in the electoral process, carry out constitutional reforms,  continue the ongoing process of national reconciliation, and build upon the peace industry that helped carry Kenyan society through the recent elections. Not capitalizing on Kenya’s short-term victories in mass atrocity prevention would not only tarnish the generalizability of lessons learned for future cases , but would also amount to a failure by neglecting lessons of the past.

Photo: AP Photo / Ben Curtis

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By ANTHONY DiROSA

Kenya electionsThe following is the second entry in a three part series on Kenya’s 2013 general elections and their implications for similar mass atrocity prevention efforts moving forward. The peaceful Kenyan election this past March was hailed as a major victory for those working to prevent a repeat of the mass atrocities committed in the aftermath of the 2007-2008 elections. From the perspective of the mass atrocity prevention community, Kenya did a commendable job in upholding their responsibility to protect populations from mass atrocities. The international community also succeeded in assisting national and local authorities throughout this process. Thus, both fulfilled their 1st and 2nd pillar responsibilities under the “Responsibility to Protect” (R2P) framework, which are, accordingly: that a state must uphold its responsibility to protect its populations, and that if that state is unable to do so, the international community has an obligation to assist. Lessons learned from the 2007-2008 atrocities catalyzed both domestic and international momentum to proactively address the risk factors and causes of potential violence. But does the Kenyan case study represent a true shining example of successful R2P application, as well as a model for future applications in unstable democracies? Or were there unique circumstances germane to this case and/or a large overhype of the risks that make this atrocity prevention success not as generalizable a model as some may think? 

Technology, Crowdsourcing and Social Media

Also imperative to note was the use of technology in the Kenyan case study; mass data-mining operations, the utilization of mobile communications and monitoring SMS messages for hate speech are illustrative of the innovative technological platforms that are currently expanding the mass atrocity/conflict prevention toolkit. International partners like TechChange, who teamed up with domestic crisis-mapping tech company Ushahidi, helped fill gaps in conflict prevention capacity by diligently monitoring the Kenyan elections using social media. Ushahidi used Crowdmapping to produce crisis maps, or visual data fed by on-the-ground monitors posting live updates via Twitter, SMS or online posts, which would then be geo-tagged by the system to reveal potential risk areas. As this data was aggregated, monitors could sift through it to identify reports of violence, hate speech, corruption and voter suppression and coordinate responders on the ground. Ushahidi’s work is emblematic of how crisis mapping and crowdsourcing technologies can be used to encourage transparency and accountability in elections, and ultimately reduce the chance of violence.

Early warning/ early response systems across the country, specifically in the Rift Valley, were some of the more replicable conflict prevention mechanisms employed, in terms of best practices and lessons learned for future cases. The USAID-funded Local Empowerment for Peace (LEAP) led the coordination of early warning/early response (EWER) in the Rift Valley, as they trained nearly 600 peace monitors on how to observe, report, and respond to signs of early warning/early response. Monitors would report to a vast network of first responders, which included civil society groups and local administration officials, including police forces. LEAP, along with Mercy Corps, Uchaguzi and Ushahidi, with support from the Canadian International Development Agency, worked in partnership to established two early warning hubs designed to respond to alerts from the monitors. The hubs were operated by data analysts and dispatchers who monitored the Uchaguzi platform, a hate-speech data-mining operation, as peace monitors also fed them information via cell phone. This effective example of partnering humanitarian agencies, civil society groups and tech-firms in joint conflict prevention and early warning/early response initiatives is a model that ought to be studied and replicated in the future.

Kenya’s government, specifically the Communications Commission, also led the way through innovative measures requiring screening of  all short message service (SMS) texts for bulk dissemination by politicians.  Kenya’s National Steering Committee on Media Monitoring took charge of identifying and reprimanding blogs with hateful and provocative material. New measures called on mobile companies to intercept any mass texts that may provoke violence. These were seen as reactionary policy measures intended to avoid what happened in 2007-08, when ethno-political hate messages were spread by political groups, leading directly to inter-ethnic violence. The suspension or censoring of mass communication technologies in conflict prone settings aren’t unique to Kenya, as SMS texts were suspended in the DRC in 2011, as well as Kashmir in 2012 and Egypt last year. International, domestic and local level efforts to curtail one of the main catalysts for violence in 2008, indigenous language media outlets, were also laudable. The media, mainly radio stations, were largely broadcasters of peace this time around, as commercial and government run stations were deeply involved in educating voters on the issues, focusing on civic education, preaching restraint and tolerance, and avoiding any and all political incitement. International media training agencies were involved in advising journalists on how to report critically without stirring up ethnic and sectarian tensions. Religious leaders also played a large role as conveyors of peace with messages of tolerance and respect aimed at their constituents. Although there were widespread criticisms and accusations that Kenya’s media engaged in self-censorship and failed to fulfill its watchdog role, it’s clear that given the alternative, the result should be deemed a success.

The next part of this Case Study for GenPrev series will focus on how the Kenyan model can be used in future R2P cases, and what the implications are for future atrocity prevention efforts.

Photo: The New York Times

Kenya elections 2013By ANTHONY DiROSA

The following is the first entry in a three part series on Kenya’s 2013 general elections and their implications for similar mass atrocity prevention efforts moving forward. The peaceful Kenyan election this past March was hailed as a major victory for those working to prevent a repeat of the mass atrocities committed in the aftermath of the 2007-2008 elections. From the perspective of the mass atrocity prevention community, Kenya did a commendable job in upholding their responsibility to protect populations from mass atrocities. The international community also succeeded in assisting national and local authorities throughout this process. Thus, both fulfilled their 1st and 2nd pillar responsibilities under the “Responsibility to Protect” (R2P) framework, which are, accordingly: that a state must uphold its responsibility to protect its populations, and that if that state is unable to do so, the international community has an obligation to assist. Lessons learned from the 2007-2008 atrocities catalyzed both domestic and international momentum to proactively address the risk factors and causes of potential violence. But does the Kenyan case study represent a true shining example of successful R2P application, as well as a model for future applications in unstable democracies? Or were there unique circumstances germane to this case and/or a large overhype of the risks that make this atrocity prevention success not as generalizable a model as some may think? 

Why were they peaceful?                                    

After a tension-filled but mostly peaceful election, Kenya’s Independent Electoral and Boundaries Commission (IEBC) declared Uhuru Kenyatta president-elect. Although his victory was challenged in court by his main competitor, Raila Odinga, the Supreme Court ultimately ruled it legitimate. Any analysis of why Kenya turned towards peace and away from violence must begin with the many reforms the country has undertaken to create credible institutions, such as the aforementioned IEBC and the revamped judiciary, which were criticized for corruption and incompetence and viewed with mistrust during the 2007-2008 elections. The main impetus behind these reforms was the new Kenyan constitution, ratified in 2010, which sought to change many of the broken laws, corrupt institutions and antiquated power structures that many Kenyans believed were culpable for part of the unrest in 2007-2008. Politically, a process of devolution, which gave greater control of local policies back to ethnically homogenous communities across Kenya, helped diminish political tensions fueled by long-standing ethnic-based resentments. Furthermore, according to the International Crisis Group, a consensus between the political elite and the citizenry not to drag Kenya back into chaos again was a major factor. Many Kenyans spoke of a national sense of regret, fed by strong memories and reflections of the violence in 2007-2008, as a powerful force that helped convince them that violence wasn’t the answer. Others may have felt compelled to resist promoting violence because of the possibility of accountability due to the lingering effects of the 2010 ICC indictments and the newfound confidence in Kenya’s judiciary, both of which restrained certain actors.

Some of the most important preventative efforts were indeed organic. A myriad of efforts throughout Kenyan society, from government bureaucrats, religious leaders, heads of political parties, local NGOs and youth peace activists, pushed Kenyans to embrace the peace discourse and reject violence. Kenya’s National Cohesion and Integration Commission (NCIC) played a large role in rooting out hate speech, promoting tolerance, and assuaging long-standing ethno-political cleavages. Local peace capacities were bolstered by the IEBC and the NCIC through creating conflict management committees at the local level, which helped ensure the consolidation of peace prior to the elections. These initiatives were prompted by the peace accord signed after the atrocities in 2008, which included requirements for establishing a countrywide network of “peace committees” at the district level that were locally instituted. Innovative and creative efforts like holding community peace workshops and conducting local street theatre performances, with themes of peace and inter-ethnic relations, helped increase inter-communal understanding prior to the election.

Domestic efforts were reinforced by numerous international partners. From the European Union and the United Nations, to the Electoral Institute for Sustainable Democracy in Africa, and the International Institute for Democracy and Electoral Assistance, external actors greatly aided Kenya’s efforts to institute conflict mitigation mechanisms and multi-level early warning systems. From the United States alone, the State Department’s Conflict and Stabilization Operations bureau and the U.S. Institute of Peace helped arrange teams in high-risk areas to assist conflict mitigation efforts, while USAID funded and helped mobilize young Kenyans against violence. International NGOs, funded by foreign governments, investors and organizations (all committed to Kenyan stability) helped organize conflict resolution workshops, pro-peace advertisements, and media campaigns that forwarded pro-peace mass SMS texts to people in hot spots. The international community’s second pillar assistance to Kenya was carefully coordinated, well-funded and ostensibly effective.

The next part of this Case Study for GenPrev series will focus on how social media technology and crowdsourcing played a huge role in delivering peace during the Kenyan 2013 elections.

Photo: telegraph.co.uk

songBy MARISSA GOLDFADEN

On Tuesday, 12 February, Columbia University World Leaders Forum hosted International Criminal Court (ICC) President, Judge Sang-Hyun Song, for an address titled The International Criminal Court and the Fight Against Impunity for Atrocity Crimes. University President Lee C. Bollinger gave the opening remarks, wherein he spoke of the electoral violence that wracked Kenya in December 2007. During that time, more than 1,000 people died and 600,000+ Kenyans became internally displaced.  As a result, four individuals accused of crimes against humanity–Deputy Prime Minister Uhuru Kenyatta, Cabinet Secretary Francis Muthaura, Education Minister William Ruto, and radio executive Joshua Sang–are due to stand trial this spring at the ICC. Regardless, Kenyatta is running for president in next month’s elections in Kenya.

Judge Song began his speech with a brief personal background, before delving into the titular topic. He stated that the fight against impunity for atrocity crimes is far broader than the ICC, though the ICC is at the forefront. Believing that law is the best tool for prevention, he also stressed the importance of the UN, states, and civil society working together to end impunity. The UN and the International Court of Justice were created in the aftermath of World War II; together with the Nuremberg and Tokyo tribunals, the seeds of international criminal justice were planted. However, it soon took a backseat to the Cold War. The field further developed as a result of the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY) in the 1990’s. The Rome Statute was negotiated in 1998 and entered into force in 2002. 

To date, the ICC has tried individuals from DRC, Uganda, the Central African Republic, Sudan, Kenya, Libya, Cote d’Ivoire, and Mali. In 2017, the Court’s jurisdiction will expand to include the crime of aggression. Because peace and justice are interlinked, Judge Song spoke of the mutually reinforcing relationship between the United Nations Security Council (UNSC) and the ICC. Darfur and Libya were both referred to the ICC by the UNSC, but the use of UN funds was prohibited. The UNSC can limit or expand the jurisdiction of the ICC, which bears judicial responsibility, while states are responsible for enforcement. Aside from the issue of money, the UNSC needs to take a more consistent and vigilant approach. 

The ICC is a court of last resort and in order to strengthen national justice systems, Judge Song said development agencies need to be involved. The UN is also in a unique position, as it can advance the rule of law throughout the world. The ICC is not a hierarchical institution. All judges and prosecutors are independent and their own bosses. To carry out its mandate, the ICC must maintain its independence and integrity and remain non-political. 

After discussing the above, the floor was opened for a Q&A session:

The first question was in regards to Kenya, and how the ICC plans to proceed with its trials without local support and cooperation. Judge Song said the cases will begin in April as originally scheduled, and won’t be affected by the political processes, though logistics are not easy. The ICC constantly consults the host government on an array of issues.

The second question focused on the tension between international stands and sovereignty/non-member states. According to Judge Song, countries, perhaps most notably the United States, have their own reasons for their reluctance to sign onto the Court, including a fear of abuse of power by the prosecutors and a fear of unnecessary political influence by the UNSC. In terms of the US/President Obama, there is close cooperation on matter of mutual concern and intelligence sharing. Judge Song also noted that the US government dispatched military advisers to Uganda to aid in capturing Joseph Kony and other LRA members. The ICC endeavors to strengthen national capacities.

Finally, 1/3 of the 18 ICC judges must be women, but today, 11 out of 18 are, which may have some bearing on the development of jurisprudence. Obviously, there are no American judges so there is no American influence, such as the practice of witness proofing. Ad hoc tribunals have jurisdictional primacy over the ICC, which has a strong desire to develop its own jurisprudence.

Photo: bwog.com 

On January 18, 2012, the Stanley Foundation held a conference entitled, R2P: The Next Decade. The morning panels discussed R2P in practice; more specifically, panelists spoke about policy approaches since 2005 in the countries of Guinea, South Sudan/Darfur, Somalia, Syria, Democratic Republic of Congo, Kenya, Kyrgyzstan, and Libya.

Ambassador Bruno Stagno Ugarte, Executive Director of Security Council Report, considers Darfur and South Sudan to be the worst cases, due to the “moral abnegation” of international players within and outside of the Security Council. While the case of Darfur was referred to the International Criminal Court, there was no follow-up and member states’ non-cooperation has not been condemned. Guinea is seen as the best case, due to the fact that it had the lowest threshold of violence and said violence was episodic, not systematic. Syria is an open case, as it was an “unintended victim of the success and excess” of the Libyan intervention, and an “expected victim” of geography. Last, Somalia is “debatable” as it transcends R2P and is a failed state by definition. He asserts that effective prevention action is crucial at the earliest stages of a conflict and that what’s most important is translating principle into practice.

The next speaker was Adekeye Adebajo, Executive Director of the Centre for Conflict Resolution at the University of Cape Town, South Africa. He stated that 70% of UN Peacekeepers are deployed in Africa and protection is the responsibility of individual states. UN Peacekeepers and organizations such as the Economic Community of West African States Monitoring Group (ECOMOG) are tasked with creating, consolidating, and keeping peace. As such, he wants to see: multilateralism in future interventions under the UN flag; a strengthened Economic Community of West African States (ECOWAS) mediation unit; Security Council support for ECOWAS and a regional approach; effective legal, political, and military sanctions against warlords and UN panels to name and shame world leaders fueling conflict; and the R2P principle incorporated into the doctrines of African bodies. He also believes that the five permanent members of the Security Council (China, Russia, France, the United States, and the United Kingdom) need to focus on collective, rather than selective, security.

Jean-Marie Guéhenno, Arnold Saltzman Professor of Professional Practice in International and Public Affairs at the School of International and Public Affairs at Columbia University, says that what ties the cases of the aforementioned countries together is the presence or absence of political strategy. Moving forward, there is a central need for viable political strategies. Though he considers Guinea to have been a predictable crisis, there was no willingness to do anything on the part of the international community. He is hesitant to use the term ‘genocide’ to describe Sudan, since he says that words have baggage, and ‘genocide’ has “enormous baggage.” He also contends that force is just a political tool but that the expectation on what it can achieve needs to be raised. He concluded by saying that Somalia and Syria illustrate the dangers of multiple agendas.

Ivan Šimonović, Assistant Secretary-General, United Nations High Commissioner for Human Rights, says that the focus has shifted and R2P is becoming victim-centered. Preventive activities and human rights promotion are imperative, as is monitoring and reporting in potential conflict areas, which proved to be successful in Cote d’Ivoire. He drew comparisons between Guinea and Syria, in the nature of violations, droves of peaceful demonstrators, and the establishment of commissions of inquiry. However, they differ because Guinea was a clear situation of full Security Council support with strong backing by ECOWAS while Syria was a fragile consensus, which limits the capacity of regional mechanism to act decisively. Moreover, the major difference is the attitudes of the governments themselves.

Abdel-Elah Al-Khatib, Special Envoy of the UN Secretary-General for Libya and Jordan noted that in Egypt and Tunisia, the role of the military facilitated the ouster of President Hosni El Sayed Mubarak and President Zine al-Abidine Ben Ali, respectively. Unfortunately, such was not the case in Libya. Knut Vollebaek, High Commissioner on National Minorities, Organization for Security and Cooperation in Europe (OSCE), posed the following questions:

-What is the best way to respond to a crisis?

-Who bears the international responsibility to protect?

-What are the limits of prevention?

In considering the answers, he discussed the case of Kyrgyzstan, where intercommunal violence broke out in 2010 after President Kurmanbek Bakiyev was overthrown. Hundreds of people, especially Uzbeks and other minorities, died, thousands were injured, and hundreds of thousands were displaced. Additionally, arson, rape, and other atrocities were committed. Vollebaek encourages prevention through diplomacy, as well as a “formal early warning indicating that the situation has gone beyond a level” that the High Commissioner can contain, one where there is a “prima facie risk of potential conflict,” which has thus far happened twice—in Kyrgyzstan, and in Macedonia in 1999. Among the OSCE member states, early warning should be followed by early action. But the most fundamental aspect of prevention is an “emphasis on building capacity of states to fulfill their basic responsibilities.” He went on to say that prevention in practice is long-term and unrewarding, thus it finds resistance among domestic actors and the international community who are more interested in immediate dividends.

At the panel, R2P as a Tool — Identifying Past and Potential Added ValueAlex Bellamy, Professor of International Security at the Centre for Governance and Public Policy in Australia, pointed out the value of consensus, referring to the global consensus that underpins R2P. He describes R2P as being “disarmingly simple and straightforward in its demand and very clear about its meaning and scope.” Bellamy said R2P further finds value in changing habits and mindsets, mainstreaming the atrocity prevention lens by setting standards, and providing a common vision and shared goal.

Edward C. Luck, Special Adviser to the UN Secretary-General on the Responsibility to Protect, contributed that R2P protects populations by preventing, genocide, ethnic cleansing, war crimes, and crimes against humanity, as well as their incitement.  Additionally, a narrow but deep approach is correct and the three pillars of R2P are parallel—there must be political preparation or response capacities in place (local, regional or global); all three pillars must be worked on simultaneously, not one after the other. Luck also emphasized, “It is false division to talk about prevention on one hand and response on the other, they tend to merge when you come around to the actuality of making policy. They are interdependent and interactive, neither will have much credibility without the other.”

Keynote speaker United Nations Secretary-General Ban Ki-moon echoed the sentiments of the aforementioned speakers. After his introductory thanks and remarks, he quickly pointed out, “[…] delivering on the Responsibility to Protect requires partnership and common purpose. We get the best results when global and regional institutions push in the same direction. In 2011, we stood firm for democracy in Côte d’Ivoire. Yet, we could not have succeeded without the leadership and partnership of the African Union and the Economic Community of West African States, ECOWAS.” On the flip side, however, “We learned lessons about our own limitations, as well. Consider the recent violence in South Sudan. We saw it coming weeks before. Yet we were not able to stop it – unfortunately. Nor was the government, which like others has primary responsibility for protecting its citizens. The reason was painfully simple: we were denied the use of necessary resources.”

Secretary-General Ki-moon declared 2012 the Year of Prevention: “Prevention does not mean looking the other way in times of crisis, vainly hoping that things will get better…Nor can it be just a brief pause while Chapter VII “enforcement measures” are being prepared. Prevention means proactive, decisive and early action to stop violence before it begins…the key to preventing genocide, war crimes, ethnic cleansing and other crimes against humanity lies within each society. These crimes occur far less often in places where civil society is robust, where tolerance is practiced, and where diversity is celebrated. Political figures cannot incite mass violence for their own ends where the rights of minorities and the rule of law are respected.”

He concluded by speaking about Syria, and his repeated condemnation of President Assad’s violence. The problem lies in the fact that the Security Council is divided on this particular case and efforts by regional actors such as the Arab League have proved fruitless thus far. Though he could not say what would happen next, he did remind the audience, “Such is the nature of the Responsibility to Protect. It can be a minefield of nuance, political calculation and competing national interests. The result too often is hesitation or inaction. This we cannot afford.”

Photo: un.org

* Yesterday Kenyan foreign minister Moses Wetangula announced that his government would not host the Intergovernmental Authority on Development meeting dedicated to Sudan. His statement came after the Kenyan High Court issued an arrest warrant for Sudan’s president, Omar al-Bashir, following on the International Criminal Court‘s warrants against Bashir for crimes against humanity and war crimes in March 2009, and for genocide in July 2010. Wetangula at first criticized the Kenyan court’s decision, saying it would complicate the country’s foreign relations and disrupt its mediating role in Sudan. For its part Sudan expelled the Kenyan ambassador, recalled its own, and froze bilateral trade between the two countries. This decision was delayed following a meeting between Bashir and Wetangula, but Bashir says unless the Kenyan court reverses its ruling, Sudan will proceed with sanctions against Kenya.

* Swiss judge Laurent Kasper-Ansermet arrived yesterday in Phnom Penh to replace Judge Siegfried Blunk of Germany as the UN half of the Office of the Co-Investigating Judges (OCIJ), charged with investigating alleged crimes by the Khmer Rouge in Cambodia from 1975 to 1979. Judge Blunk resigned in October amid international criticism that he had “failed to conduct genuine, impartial, and effective investigations.” In his resignation statement, Blunk said he was routinely subject to pressure that “could be perceived as attempted interference by government officials.” Judge You Bunleng, representing Cambodia in the OCIJ, responded to Ansermet’s arrival by saying that without Cambodian government approval, “[A]ny procedural action taken by Judge Laurent Kasper-Ansermet is not legally valid.”

The UN-backed Cambodian tribunal’s ineffectiveness has resulted in only one conviction since its conception in 2001, that of Kaing Guek Eav, commandant of the infamous Tuol Sleng prison. In a December 6 article, The Investigative Fund pointed out that there is no independent mechanism to oversee the conduct of judges on the Cambodian tribunal.

Meanwhile, on November 22, after hearing opening statements by the defense and the prosecution, Nuon Chea, known as “Brother Number Two,” defended himself against atrocity charges, saying that they were committed by Vietnamese troops, and imposters disguised in the black outfits of Khmer Rouge revolutionaries.

Photo: arabnews.com

* Yesterday, a Kenyan court ordered the government to arrest Sudanese President Omar al-Bashir, should he ever return to Kenya. Though al-Bashir is wanted by the International Criminal Court (ICC) on genocide and war crimes charges, he was not arrested when he attended a ceremony in Kenya last year. While the African Union does not want its members to enforce the arrest warrant, Kenya is obliged to cooperate as a signatory to the ICC. As such, the ICC reported Kenya to the United Nations Security Council. In response to the ruling, Sudan expelled Kenya’s ambassador and pulled its own envoy from Nairobi. The Kenyan ambassador was given 72 hours to leave the country.

* Secretary of State Hillary Clinton is scheduled to visit Burma later this week. In advance of the trip, the U.S. Campaign for Burma, in conjunction with 11 other human rights organizations, wrote an open letter to Secretary Clinton, “urg[ing] her to prioritize securing an end to the egregious crimes against humanity the Burmese Army continues to commit against ethnic minority civilians.” The country’s military-backed government recently unveiled reforms but atrocities committed as recently as last month have been reported by aid groups. The ongoing fighting has led to approximately 1 million refugees and internally displaced persons.

Photo: thelondoneveningpost.com

* Sri Lanka is trying to prevent a report by a UN panel of experts from being forwarded to the Human Rights Council. The report, written in March, detailed “credible allegations which, if proven, indicate that a wide range of serious violations of international humanitarian law and international human rights law were committed both by the Government of Sri Lanka and the LTTE [Liberation Tigers of Tamil Eelam], some of which would amount to war crimes and crimes against humanity.” The report also called for an independent international probe into the violations and invited the Human Rights Council to reconsider the conclusions from its May 2009 special session on Sri Lanka, during which a resolution was adopted praising the outcome of the country’s 1983–2009 civil war.

* On September 9, INTERPOL issued Red Notices, the agency’s highest arrest alert, for Muammar Gaddafi, his son Saif al-Islam Gaddafi, and Abdullah Senussi, his former director of military intelligence. The International Criminal Court indicted the three for war crimes and crimes against humanity in June. INTERPOL’s action is considered a crucial step towards recognition of Libya’s National Transitional Council [NTC] as the country’s official government. It is speculated, but unconfirmed, that Gaddafi, like many other members of his family and regime, is being harbored in Niger. The Red Notices also have the effect of restricting the ability of the fugitive men to cross international borders.

* In the first ICC case on post-presidential election violence in Kenya in 2007, the prosecution and defense have accused one another of “unclear evidences.” Defense attorneys argue that the prosecution did not conduct proper investigations, while the prosecution maintains that defense witnesses have been inconsistent and contradictory. The first three suspects summoned by the ICC for the confirmation of charges hearings are former ministers William Ruto and Henry Kosgei and radio presenter Joshua Sang, all members of the Orange Democratic Movement, the opposition party at the time of the elections. The ruling on whether or not initial evidence presented can support crimes against humanity charges in full trial is expected out on December 24.

Photo: jour210srilanka.wordpress.com/

* Amnesty International and Human Rights Watch have gathered evidence that the Sudanese government has committed war crimes in South Kordofan State, just north of the newly established border of South Sudan. Researchers from both organizations investigated 13 air strikes by the Sudanese government in the Nuba Mountains region, despite a ceasefire announced by Sudan’s president Omar al-Bashir on August 23. The bombing campaign began June 5 in Kadugli. Witnesses and victims in South Kordofan described indiscriminate bombing and the use of anti-personnel mines in civilian areas void of any legitimate military targets, leading human rights organizations to call the acts a violation of international humanitarian law. Despite a mounting humanitarian crisis, President Bashir announced on August 23 that no foreign aid agencies would be allowed into South Kordofan. The Famine Early Warning Systems Network has classified the food and livelihood situation of those affected by the conflict at the “Crisis” level, one below “Emergency.”

* Despite requests for a dismissal by the Kenyan government, the International Criminal Court decided today to proceed with the case against six high-ranking Kenyan government officials, on charges of crimes against humanity, murder, forcible transfer and persecution, and rape during post-electoral violence in late 2007. The defendants are Uhuru Muigai Kenyatta, deputy prime minister and minister of finance; William Samoei Ruto, minister of higher education, science and technology; Henry Kiprono Kosgey, minister of industrialization; Joshua Arap Sang, head of operations for KASS FM radio; Francis Kirimi Muthaura, head of the public service and secretary to the cabinet; and Mohamed Hussein Ali, who was police commissioner at the time of the violence. The December 2007 violence resulted in 1,100 people killed, 3,500 injured, and up to 600,000 forcibly displaced.

* “The United Nations–backed tribunal in Cambodia (ECCC) dealing with mass killings and other crimes committed under the Khmer Rouge three decades ago began its fitness hearing today into the health of two of the ageing defendants currently on trial,” the UN News Centre reported August 29. The hearing included two top Khmer Rouge officials implicated in the 1975–79 genocide. The allegations against Ieng Thirith, 79, the former social affairs minister, and Nuon Chea (also known as “Brother Number 2”), chief policy architect of the Communist Party of Kampuchea (CPK), include genocide, murder, torture, religious persecution, war crimes, and crimes against humanity. Ieng Thirith was found to be “cognitively impaired,” which would compromise her rights to a fair trial. Nuon Chea was declared fit to stand trial.

* The Kigali Institute of Education (KIE), a teacher training college in Rwanda’s capital yesterday held a one-day forum on the prevention of genocide called “Teaching Genocide and Community Cohesion: From Theory to Practice.”  The workshop, run in partnership with Britain’s University of Nottingham, is geared towards teaching students and teachers the basics of genocide prevention, as well as the importance of building and spreading community cohesion, in the hope of preventing a repetition of the genocidal events of 1994.

Photos (from top): unitednews.com.pk, historyplace.com

The AIPR blog is pleased to have Mary Stata of the Friends Committee on National Legislation posting this week as our first Guest Preventer:

On February 19, 1986, the United States Senate ratified the Convention on the Prevention and Punishment of the Crime of Genocide. Significant pressure from Senator William Proxmire and the U.S. public paved the way for U.S. ratification. However, rather than meeting the aspirations of the Convention on Genocide to prevent future atrocities, the past 25 years have been witness to mass killings of civilians in the Balkans, Sudan, and Rwanda. The United States and the international community failed to prevent these atrocities despite access to intelligence on each escalating crisis. More recently, warning signs of impending violence in places like Côte d’Ivoire, Kenya, and Kyrgyzstan did not lead to prompt policy reviews or preventive action.

The 2008 Genocide Prevention Task Force found significant gaps in U.S. policy and capacities to help prevent atrocities and offered a blueprint for improvements. The Obama administration and Congress have taken some steps toward implementing these recommendations, including Senate passage in December 2010 of a resolution (S. Con. Res. 71) calling for specific steps to improve U.S. capacities to prevent genocide and mass atrocities.

Despite these initial steps, the United States remains ill equipped to effectively prevent mass killings of civilians. Fortunately, a new movement of NGOs and grassroots activists is poised to work with Congress to translate the mantra “Never Again” into practical policy solutions. The Friends Committee on National Legislation, a Quaker lobby group in the public interest, convenes a working group focused on this policy agenda. The Prevention and Protection Working Group is an advocacy platform dedicated to preventing genocide and mass atrocities and protecting civilians threatened by this violence. Comprised of human rights, anti-genocide, humanitarian, peace, and faith-based organizations, the Prevention and Protection Working Group leverages its grassroots networks, media outreach, and Congressional and administration lobbying to strengthen U.S. civilian capacities to prevent genocide.

Significant work remains. The 112th Congress has yet to outline a human rights agenda, and no Proxmire-like leadership has yet stepped forward to champion the critical next legislative steps on genocide prevention. The solutions are known, but the practical policy steps have yet to be taken. The Prevention and Protection Working Group will work over the next year to enact policy that effectively prevents genocide before the killing starts.

To sign up for the FCNL newsletter on current legislation and other ways to take action on genocide prevention and related issues, click here.

Mary Stata is the Prevention and Protection Working Group Coordinator with the Friends Committee on National Legislation in Washington, DC.

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