Digest

Digest

ICC has Jurisdiction over Crimes in the Kivus: ICC Prosecutor

On 4th November 2008, the Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo expressed concern over the situation in the Kivus area of the Democratic Republic of Congo (DRC). He further reiterated that his Office is closely monitoring the reports on the attacks on civilian populations in the area.

Armed conflict between the Laurent Nkunda led National Conference for the Defence of the People (CNDP), Democratic Forces for the Liberation of Rwanda (FDLR) and the military of the Democratic Republic of Congo (FARDC) has been continuous since the beginning of this decade.

Recalling that the ICC has jurisdiction to investigate and prosecute war crimes, crimes against humanity and genocide committed in the territory of the DRC or by Congolese nationals since 01 July 2002, the Prosecutor observed that “Crimes must stop. The people in the two provinces of North and South Kivu have already suffered too much. Rapes, massive displacements are serious crimes and will not go unpunished”

The Office of the Prosecutor is investigating commission of such crimes by individuals belonging to all the groups operating in the area, including the CNDP, the FDLR and the FARDC.  After meeting a delegation of Congolese Parliamentarians, the Prosecutor urged all actors, including regional and international organizations, to assist the DRC authorities, particularly in the execution of the ICC arrest warrant against Bosco Ntaganda, who is the chief of staff of Laurent Nkunda’s CNDP and has an active role in the conflict. The focus of this investigation will be announced shortly by the Prosecutor. For further information, please click here

Digest

UN Secretary-General Responds to Escalating Violence in the Democratic Republic of Congo

On Tuesday, UN Secretary-General Ban Ki-moon called for an end to the violence in the North Kivu province in eastern Democratic Republic of Congo. The intensity of the conflict between Government forces (FARDC) and a militia group known as the National Congress for the Defence of the People (CNDP), led by former general Laurent Nkunda, has increased in the past several days .

Over the past several days, more than 45,000 people have fled internally displaced persons camps (IDPs) in North Kivu, while over 1,000 other Congolese have sought refuge in Uganda. The conflict between the FARDC and the CNDP, which began in August, has left 250,000 Congolese homeless and another 850,000 in IDPs.

Mr. Ban referenced “the use of civilians as human shields,” “the exchange of heavy weapons across the…DRC-Rwanda border,” “the collapse of discipline” among government forces, and “the targeting of UN peacekeepers” as particularly deplorable elements of the conflict. In addition, the UN World Food Programme (WFP) reported an inability to deliver over 100,000 metric tons of food due to the violence.

Nevertheless, Mr. Ban praised the UN peacekeeping mission in the DRC, MONUC, for its efforts to protect civilian lives. In recent days, he dispatched senior advisors to the region to meet with key leaders. Mr. Ban’s Special Representative Alan Doss emphasized, “What we want is for the CNDP to enter a process and stay in the process and remain committed to agreements they have signed.” To that end, Mr. Ban announced that “MONUC will use all necessary means, within the limits of its capacity to carry out its mandate,” which includes attempting to bring the CNDP and Congolese government to the negotiate in order to end what Mr. Ban has termed “a humanitarian crisis of catastrophic dimensions.”

For further information please click here.

Digest

Somalia’s Pirates Thrive Amidst Dismal Economic and Political Conditions

In late September, three speedboats, manned by Somali pirates hijacked a Ukrainian cargo ship loaded with tanks, ammunition, and other military supplies off the coast of Somalia. More than a month later, negotiations for the hostages and ship have not reached a conclusion. Unfortunately, the capture of the Ukrainian ship is not an isolated event.  Somali pirates operate along what is widely considered one of the most dangerous coastlines in the world, and they have hijacked more than 75 vessels in the past year. Somali officials estimate the pirates have earned approximately $50 million dollars per year from ransoms and stolen goods. UN officials believe the figure is in excess of $100 million.

While starvation and constant violence are realities for many Somalis, business is booming for Somali pirates. “All you need is three guys and a little boat, and the next day you’re millionaires,” said former Somali naval captain, Abdullahi Omar Qawden. Pirates have taken control of towns along the Somali coast. They own the largest and newest homes, drive luxury automobiles, and even operate a number of businesses including hotels. This lifestyle, juxtaposed against the dire situation of most Somalis, has proved tempting for many Somalis, swelling the ranks of the pirates.

Somali officials at the national and local level claim that they are powerless to stop the pirates. Nevertheless, many government officials are suspected of working with the pirates or accepting bribes. “Believe me, a lot of our money has gone straight into the government’s pockets,” confirmed Ismail Eid, a Somali prisoner currently serving a 15 year sentence for piracy. Warships from Russia, the United States, NATO, the European Union, and India have been deployed in the past month in hopes of increasing efforts to protect commercial vessels and eliminate piracy.

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Digest

Imprisoned Chinese Dissident Wins Sakharov Prize

Imprisoned Chinese dissident Hu Jia was awarded the European Parliament’s Sakharov Prize for Freedom of Thought on October 23, 2008, in a move some hope will lead to his release. Hu Jia, whose work has focused on bringing awareness to issues like AIDS, the environment, and the 1989 pro-democracy movement, was arrested in late 2007 and convicted of subversion after he presented video testimony to the European Parliament about the human rights situation in China.

Parliament President Hans-Gert Pöttering said the prize was meant to demonstrate that “the European Parliament firmly and resolutely acknowledges the daily struggle for freedom of all Chinese human rights defenders.” The U.S. has been a vocal critic of his arrest, according to State Department spokesman Darby Holladay. Holladay told America.gov that the international community also hopes that the award “will demonstrate to China’s leaders the enormous esteem the international community holds for [Hu Jia’s] important work as a human rights defender, and that China will release him immediately.”

For further information, please click here.

Digest

Network on Exchange of Information Expanded by New OECD Pacts

The British Virgin Islands, Guernsey and Jersey signed sixteen new bilateral tax information exchange agreements (TIEAs) with various OECD countries. Since 2000 the OECD has been working with financial centers across the globe to sign TIEAs in order to increase the transparency and accountability of cross-border transactions. Recently, TIEAs have taken on increased importance due to the global financial crisis and various tax evasion scandals. According to OECD Secretary-General Angel Gurria, “The political climate is changing, and financial centers that do not respect the OECD standards will not be allowed to gain a competitive advantage…It is in the interest of all financial centers to have adequate measures in favor of full transparency as quickly as possible.”

This is the third such bilateral agreement signed by the British Virgin Islands; Jersey has signed 10 and Guernsey nine. Other financial centers are making progress towards full exchange of information, including Cyprus, Malta and Belgium. Additionally, the government of Hong Kong has recently taken steps to review its exchange of information policy.

For more information, click here.

Digest

United States Continues Support for U.N. Peacekeeping in Congo

Violence has broken out in Congo as forces loyal to former Congolese General Laurent Nkunda launch attacks on government troops. These rebel forces are believed to be preparing a strike on the city of Goma. Only ten months ago, rebel groups met in Goma to sign a peace agreement. As a result of the rising violence, almost 45,000 refugees have fled to a U.N. refugee camp outside of the city. The U.N. is attempting to prevent forthcoming raids by deploying attack helicopters to the region.

Spokesman for the U.S. State Department, Sean McCormack, has stressed the United States’ support of U.N. peacekeeping efforts, and McCormack has urged Mr. Nkunda to resume talks with the DRC government. In a statement made on October 28, McCormack said, “The U.S. calls on all parties to the Goma Agreements and the Nairobi Communiqué to respect their commitments and renounce the use of arms.”

The United States has been a long-time supporter of the U.N.’s peacekeeping mission in Congo.  Since 1998, the U.S. has delivered over $220 million in emergency aid to victims of the conflict, and has also played a role in efforts to enhance stability in Congo and surrounding regions.

For more information, please click here.

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