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ICC, Oh How Far the USA Has Come

Jesse Helms must be turning over in his grave.

As ICC chief prosecutor Fatou Bensouda looked on, the US Ambassador at Large for War Crimes Stephen Rapp announced yesterday a new American initiative to offer up to $5 million of US taxpayer money for information leading to the arrest of four individuals wanted by the International Criminal Court for war crimes. One of those four includes the notorious Joseph Kony.

Helms was a US Senator and longtime leader of the Senate Foriegn Relations committee who stridently opposed the ICC in late 1990s and early 2000s as the court came into being. He crafted anti-ICC legislation in 2002 called the American Service Members Protection Act, which prevented the US government with cooperating with the ICC in any way. The legislation was so intense in its hostility to the ICC it contained a clause authorizing the president to use “all means necessary and appropriate to bring about the release of any US or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court”. That provision earned it the moniker of the “Hague Invasion Act.”

It was a piece of legislation that reflected Helms’ spiteful regard for international institutions. For the next 3 years, Helms acolyte John Bolton made it his solemn duty as under secretary of state for arms control and international security to use American power and prestige to undermine the young court at every turn. Bolton lead the Bush administration’s efforts to secure so-called bi-lateral immunity agreements with American allies who were members of the ICC. If the US ally refused to sign these agreements with the USA, the Bush administration would withhold military or economic aid to the county. This forced governments to chose between their moral and political committments to the ICC and their ally, the USA.

This lead to some terribly absurd scenarios. For example, as I reported at the time Latvia–a card carrying member of Bush’s coalition of the willing — had its US military aid suspended for a time because it refused to sign one of these agreements.

It was stupid policy, but the ICC clearly survived this onslaught and eventually began to prove its worth. In 2005, the Bush administration made a fateful decision  not to veto a Security Council resolution authorizing the ICC to investigate war crimes in Darfur. That signaled a big shift away from a policy of actively undermining the ICC to learning how to live with it.

The USA under president Obama is now deep in a new phase of its relationship with the ICC. Two years ago, the USA pressed for the ICC to investigate Muammar Ghaddafi and secured the necessary Security Council votes to make it happen; just last week a fugitive wanted by the ICC turned himself in to the US Embassy in Kigali, Rwanda, and was promptly handed over to the Hague; and now we have the US Rewards for Justice Program being used to send war criminals to prison in the Hague.

The USA is finally using taxpayer dollars to put people in the Hague, not keep them out.

It will probably be many, many years before the US Senate ratifies the ICC treaty and makes the USA a full fledged member. But the Obama administration seems to have figured out how to advance interests shared between the ICC and the US State Department. That’s progress.  

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Top of the Morning: Moving to a Peacekeeping Mission in Mali; Aid Spending in OECD Countries Down for Second Year in a Row

Top stories from DAWNS Digest

Get Ready for a UN Peacekeeping Mission in Mali

The government of Mali, ECOWAS, and the United States are all pressing for a robust UN peacekeeping mission to replace the French-led international force. Chances are the French will stay in the country to conduct counter-terrorism operations, though not as part of the peacekeeping mission. The plan around which the UN is coalescing would transition the 7,000 AFISMA troops into an 11,500-strong UN peacekeeping force of which there will also be a parallel counter-terrorism contingent. The key question is when will the force deploy. Right now, the US does not think the conditions are just right. (Voice of America http://bit.ly/11ohV4u)

Aid Spending in OECD Countries Down for Second Year in a Row

Yet more evidence that austerity measures in donor countries are having a big impact on foreign aid. “Spending on development aid by Organisation for Economic Co-operation and Development countries fell by 4% in real terms last year, following a 2% reduction in 2011. Figures published today reveal that the 25 members of the OECD’s Development Assistance Committee provided a total of $125.7 bn in net Overseas Development Assistance in 2012 – equivalent to 0.29% of their combined gross national income. This compares with $133.7 bn in 2011, equivalent to 0.31% of their GNI. Since a peak in 2010, ODA has now fallen by 6% in real terms, with last year showing the biggest drop since 1997.” (Public Finance International http://bit.ly/11ofwqn)

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Getting into the Weeds of the Central African Republic’s Troubles

Ed note. Our resident regional expert Carol Gallo takes us deep inside the troubles afflicting politics in the Central African Republic. Wonky political analysis to follow!

What Just Happened?

On Sunday March 24, a rebel coalition calling itself Séléka (“alliance”), numbering about 5,000, took the capital of the Central African Republic (CAR), Bangui, deposing the government of President François Bozizé. The coalition’s leader, Michel Djotodia, declared himself president and said that the prime minister, civilian opposition leader Nicolas Tiangaye, would retain his position as decreed in a Janurary peace agreement.

Djotodia also pledged to name a new power-sharing government and lead the country in a three-year transition period. As rebels continued to ransack the capital after the takeover, including the looting of the offices of humanitarian organizations, regional peacekeepers said that he asked for their help in restoring order. The leader of the CPSK faction of Séléka declared that elections would be held within a year. While this may sound like a promising start, the coalition suffers from internal divisions and, as Professor Andreas Mehler of the German Institute for Global Area Studies warns, the rebels will be eager to make a good impression and thus to make grandiose promises.

Rebel activity last year followed the failure of President Bozizé to implement past peace agreements, instead consolidating his hold on power. Elections in 2011 saw low voter turnout — as citizens expected the results would be flawed (which they were) — and, according to international observers, severe voter intimidation by state officials.

In December 2012 the rebels took twelve towns and came close to taking Bangui, but were halted by the Economic Community of Central African States (ECCAS). An extraordinarily brief peace process in January 2013 led to an agreement being negotiated in Libreville, Gabon.

The rebels and the government both failed to live up to their ends of the Libreville deal. The rebels accused President Bozizé of failing to integrate 2,000 of them into the army and of failing to release political prisoners. For their part, Séléka, due in part to political-military incoherence, violated the agreement by continuing to take towns in an advance on the capital and failing to quarter their troops as agreed. It is no surprise, then, that events unfolded as they did.

French forces refused to intervene, and the regional peacekeeping force, MICOPAX, did not engage the rebels. A South African contingent was the only force to try and stop them. About 400-strong, 13 of them were killed and 27 wounded. Part of the Libreville agreement, and one of the demands of the rebels, was the withdraw of “all foreign armies that are not members of ECCAS, principally the South African contingent.”

Since December, rebel activity has led to a drastic reduction in humanitarian access and at least 175,000 IDPs and 29,000 refugees. In the capital, local vigilante groups “began arresting anyone loosely accused of supporting the rebels.”

Peace Talks for Three Days?

The talks in Libreville this year, mediated by ECCAS, lasted three days. Compare this to two years of negotiations in Mozambique and, in Sudan, nine years of just getting the parties to agree to come together before an additional three years of actual negotiations led to a comprehensive agreement.

While such a tight time-frame might be conceivable in the case of a ceasefire agreement — the aim of which is usually to halt hostilities while a longer-term political solution is negotiated — it’s almost comical for a peace agreement that consists of four protocols and is meant to deal with a wide range of political issues; including “the dissolution of the Government and the nomination of a Government of National Unity composed of representatives from the five parties to the peace talks.”

As Tumutegyereize and Tillon point out on the African Arguments blog, there was no time for the parties to discuss matters amongst themselves or engage in any kind of reflection on the substantive issues. This was especially relevant for the Séléka coalition, as it has been struggling with “internal contradictions” and disagreements. There was no time, in three days, for serious negotiations to take place; which means the level of commitment to the agreement had to be marginal.

While Tumutegyereize and Tillon also point out that in effect the Libreville talks did result in a ceasefire, which “opened a window of opportunity for dialogue,” that opportunity wasn’t taken. With both sides breaking the agreement, and both sides having attended the talks reluctantly, lack of trust in each other and in the process meant that a return to conflict was practically a given.

These kinds of ultra short term fixes aren’t fixes at all. Conflicts like this need long term, involved support and engagement that takes into account how politics in the country and region actually work. As Louisa Lombard points out, international peacebuilding initiatives in CAR have been based on too many wrong assumptions about the nature of the state in terms of motives and capacity; which leads not only to their failure, but their instrumentalization by those in power.

With the opposition already claiming that it will not participate in Djotodia’s transitional government — saying it’s been filled with rebel sympathizers masquerading as “civil society” — and with Djotodia’s “reputation as a seeker of political power,” the situation remains precarious.

What Djotodia and the opposition can agree on is that civilian Prime Minister Tiangaye should keep his position. Perhaps that single commonality can be a springboard for discussions that will lead to a more peaceful transition. But Lombard writes that if this last round of violence is to make some contribution to redressing the failures of Bozizé and past governments, “… it will require Djotodia to step aside and a civilian leader to be brought in as head of state. Prime Minister Nicolas Tiangaye is the obvious choice. Djotodia shows no sign of doing that without massive pressure being placed on him.”

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Top of the Morning: World Bank Chief Sets New Global Poverty Goal; African Leaders To Hold Big Meeting on CAR

Top stories from DAWNS Digest.

World Bank Chief Sets New Global Poverty Goal

The speech marks an important policy statement by the Bank. “World Bank President Jim Yong Kim on Tuesday called for a commitment by the international community to end extreme poverty by 2030 and to improve the lives of the most vulnerable people living in developing countries. To reach that goal, Kim said the world would have to reduce the number of people living below the poverty line of $1.25 per day to 3 percent globally by 2030, and raise the per capita incomes of the bottom 40 percent of every developing country. The 3 percent target marks a new goal for the World Bank, which did not provide directly comparable numbers for the current rate of extreme poverty.” (AlertNet http://bit.ly/XIA90y)

African Leaders To Hold Big Meeting on CAR

Coup leaders in the Central African Republic are under AU sanctions as the situation in the country grows increasingly unstable. South Africa is taking a leading role in driving the African response to the coup. “Regional leaders in the Economic Community of Central African States (ECCAS) plan to meet Wednesday in Chad’s capital, Ndjamena, to discuss the restoration of constitutional order in the Central African Republic (CAR)…’Our interest is to come out of this meeting with a clear way forward of how the region, and the African Union, are going to respond to the development in the Central African Republic,’ said [South African Foreign Minister] Monyela.” (Voice of America http://bit.ly/XIkaPZ)

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Infographic of the Day: Funding Global Health

PSI and Devex are hosting a conference this afternoon that takes a look at recent trends in global health funding. The conference is pegged to the release of a special issue of PSI’s Impact Magazine for which I am a contributor.

I strongly encourage you to check out the conference, which has a great lineup. Livestream is here from 130 EST to 530 EST today. In the meantime, these infographics from the Global Giving Report tell a fascinating story about how governments fund global health.

 

Top Trends in Giving for the Future of Global Health

Are we prepared to navigate a new era of investment and philanthropy?

Time: 1:30 – 2:30pm

Moderator: Raj Kumar – President, Devex

Confirmed Speakers:

Dr. Ariel Pablos-Mendez – Assistant Administrator for Global Health, USAID

Jeanette Vega – Managing Director, Rockefeller Foundation

Karl Hofmann – President and CEO, PSI

David Gold – Principal, Global Health Strategies

Liz Schrayer – Executive Director, US Global Leadership Coalition

Doing Well by Doing Good

Does the size of a corporation’s social footprint affect its bottom line?

Time: 2:45 – 3:45pm

Moderator: Marshall Stowell – Director, Corporate Marketing, Communications & Advocacy, PSI

Confirmed Speakers:

Wendy Taylor – Director, Center for Accelerating Innovation and Impact, USAID

Margaret Coady – Director, Committee Encouraging Corporate Philanthropy

Caroline Roan – Vice President of Corporate Responsibility, Pfizer, Inc. and President, Pfizer Foundation

Jim Jones  - Manager, Community Interests, ExxonMobil

Eric Ostern   Senior Manager, Global Partnerships,Unilever

Right Brain Solutions to Finance Global Health

The quest for creative, unconventional funding sources for health and human progress

Time: 4:00 – 5:00pm

Moderator: Colleen Gregerson – Director, New Business Development, PSI

Confirmed Speakers:

David Ferreira – Managing Director for Innovative Finance, GAVI

Deborah Derrick – President, Friends of the Global Fight

Marty Makinen - Managing Director, Results for Development Institute

Michael Metzler - Deputy Director, Development Credit Authority, USAID

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The Arms Trade Treaty: What’s Next

The General Assembly is set to vote on the final draft text of the Arms Trade Treaty today. Late last week, negotiators from UN member states put together the final touches on the long debated treaty to regulate the international, legal transfer of arms and armaments to prevent arms that are sold internationally from being used in the commission of crimes against humanity.

Treaties like this typically operate on the principal of consensus. Countries negotiate the text in such a way that every country on the planet can sign it.  But Iran, North Korea and Syria refused to approve the draft text last week, therefore blocking universal consensus. Instead of letting these spoilers kill the whole treaty, the action is moving to the General Assembly for a vote on the final text.  The General Assembly will likely vote 190-3 in favor  of the Arms Trade Treaty. (Actual vote was 154-3, with  23 absentians) This vote does not have any formal, legal weight but it is an important demonstration of the near universal acceptance of the treaty.

After the General Assembly vote, the treaty must be signed and ratified by member states. The Arms Trade Treaty will officially enter into force 90 days after the 50th country ratifies it.

Each country’s procedure for signing and ratifying treaties differs slightly. Here in the United States the President signs treaties, but the Senate ratifies them.  Last week, the lead US negotiator on the Arms Trade Treaty said it would be at least a few months before President Obama signs the treaty. (Sometimes when treaties are controversial, presidents wait until the very last minute to present their signature. President Clinton signed the International Criminal Court treaty just a couple of weeks before he left office.)

I would imagine that President Obama will sign the treaty sometime sooner than that, but it will probably be several months from now. Then, comes the long, drawn out battle for senate ratification, which requires the approval of two thirds of Senators. It is fair to say that it will be a very, very long time until the US Senate ratifies this treaty. To be sure, this treaty has absolutely nothing to do with domestic arms sales or domestic gun laws, but the NRA has done a good job of demagoguing the treaty and stirring up opposition among second amendment advocates. Unless domestic gun politics in the USA fundamentally changes, this treaty has virtually no chance of being ratified.

The USA can still live by its strictures simply by executive branch action. And American officials are quick to point out that this treaty helps lift other countries standards against exporting arms to war criminals closer to the high standards that the USA has for itself.

Still, the Arms Trade Treaty will likely languish in the Senate for a very long time. Just for comparisons sake, it has been 33 years since Jimmy Carter signed the Convention on the Elimination of Discrimination Against Women; 18 Years since Bill Clinton signed the Convention on the Rights of the Child; 17 years since he signed the Comprehensive Nuclear Test Ban Treaty. None of those treaties have been ratified. It took the USA 40 years to ratify the genocide convention in 1988.

This is all to say, don’t expect the world’s largest exporter of arms to formally join this treaty anytime soon.

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