Tag Archives: African Union

Claiming Universal Jurisdiction in Senegal

Hissène Habré, the former president of Chad, yesterday was detained and ordered to stand trial on charges that he engaged in war crimes, torture, and crimes against humanity that resulted in more than 40,000 deaths during his eight year presidency in Chad.The order marks the culmination of a 22-year struggle by former dissidents and victims of the Habré regime to bring the former president to justice.

The case is noteworthy for a number of reasons. But perhaps most notable is that fact that it represents the first use of universal jurisdiction by a member state of the African Union. Universal jurisdiction permits one state to prosecute crimes committed outside their normal legal jurisdiction—for example, in another state—under particular conditions. If successful, the exercise of universal jurisdiction by Senegal in this case may clear the way for similar cases to be launched in other African Union member states and by victims of other oppressive regimes.

What do you think? What are the advantages and disadvantages of using universal jurisdiction to bring former oppressive leaders to justice?

Advertisements

The Politics of States and Nations

Members of the Somali Parliament Meet at the Mogadishu Airport.

Members of the Somali Parliament Meet at the Mogadishu Airport.

Monday marked the first official meeting of the Somali Parliament in more than two decades. The new parliament replaces the internationally-backed transition government, which had been forced to meet in neighboring Kenya due to political unrest in Somalia. The new parliament is not necessary a democratic institution. Its members were selected by clan chiefs and tribal leaders under rules laid out by international observers. It is hoped that the new institution will be more stable and less vulnerable to corruption than previous governments.

The status of the Somali government does raise some interesting questions, illustrating the challenges of understanding states, nations, governments, and sovereignty in global politics. Recall that in international relations, a state is normally defined as a territorial entity with both a population and a government. Ideally, that government should possess sovereign control (supreme decision making authority) and a monopoly on the legitimate use of force within that physical territory. Canada, the United States, and China are all examples. Each has a government capable of making legitimate and binding decisions for a population in a given territory.

However, in many cases, the ability of the state to make such decisions becomes less clear. In the case of Somalia, for example, the internationally-recognized government was not even able to operate within the boundaries of the country. Its authority was contested by warlords and pirates, who claimed supremacy over specific regions of the country. Even today, the reach of the Somali government is largely confined to the capital, Mogadishu, and the ability of the government to enforce its decisions is contingent on the African Union peacekeeping forces in the country.

This illustrates the contested nature of sovereignty in global politics. While the formal defining of sovereignty is easy to state in theory, its application in practice becomes much less clear.

Nevertheless, the fact that the Somali government is able to meet in Somalia at all is a clear indication of progress. For too long, the country has effectively been lawless, leading to domestic conflict between warlords and international tensions as pirates attack international shipping lanes in the Gulf of Aden.

Five Stories You Might Have Missed

Debates over Wall Street compensation reemerged on the national stage last week, as the government urged companies that received federal assistance under the Troubled Asset Recovery Program (TARP) limit executive compensation. On Thursday, the Federal Reserve issued draft rules governing compensation for companies that have not repaid TARP assistance. Under the new rules, the companies would be required to demonstrate that their compensation packages do not encourage excessive risk-taking. In an interview with the Financial Times, George Soros weighed in on the debate, calling Wall Street’s profits this quarter “hidden gifts” from the U.S. government. He commented that, “Those earning are not from the achievement of risk-takers. These are gifts, hidden gifts, so I don’t think that those monies should be used to pay bonuses. There’s a resentment which I think is justified.”

Meanwhile, concerns over the spread of the H1N1 (swine flu) virus continue to grow. On Saturday, President Barack Obama declared a declaration of “national emergency” to combat the flu. Under the declaration, hospitals eases some restrictions on hospital operations, giving them additional powers to treat the flu. 

In news from outside the United States last week:

1. German Chancellor Angela Merkel formally announced her new coalition agreement on Saturday. There were few surprises, as Merkel’s center right Christian Democrats allied with the liberal Free Democratic Party. The coalition contract included a promise to pass a €24 billion tax cut for poor and middle-income Germans and will reform inheritance laws. Under the new coalition agreement, Guido Westerwelle, the leader of the Free Democrats, will assume the post of foreign minister. The Christian Democrat’s Wolfgang Schäuble, a strong fiscal conservative, will become finance minister.

2. In two separate attacks, two car bombs exploded outside government buildings in Baghdad, Iraq, on Sunday, killed more than 130 people and injuring more than 500. The attacks were the deadliest in more than two months. Iraq had been enjoying a period of relative stability, as Western-backed tribal leaders had pushed al Qaeda militants into the margins. But U.S. officials contend that Iraq may be entering a period of increased violence, as militants attempt to reignite sectarian violence ahead of parliamentary elections scheduled for next year.

3. Negotiations intended to resolve the standoff over the Iranian nuclear program appear to have stalled. The talks, which were reopened early last week, were intended to develop an agreement which reduced Iran’s stockpile of low enriched uranium (LEU), building upon an agreement reached earlier this month under which Iran agreed, in principle, to send some of its estimated 1,200 kg of LEU to Russia and France, which would convert the fuel into medical isotopes before sending it back to Iran. But after Iran failed to meet a Friday deadline, the United States warned that it would be willing to wait for a few more days, but cautioned that its patience was limited. Iran’s current stockpile, if enriched, could provide enough uranium for a single nuclear weapon.

4. Figthing between Somali insurgents and African Union (AU) peacekeepers broke out in Mogadishu on Thursday, killing at least 30 people. According to witnesses, militants attacked using mortars as Somali President Sheikh Sharif Ahmed was leaving the country for a meeting in Uganda. AU forces responded with artillery fire. More than 19,000 civilians have been killed, and an estimated 1.5 million people have been displaced from their homes since 2007 as a result of ongoing fighting in Somalia, which has made the country a center for international piracy and terrorism.

5. The government of Brazil on Tuesday imposed a two percent tax on some capital inflows into the country. The decision, which as intended to slow the increase in the value of the real, Brazil’s currency, which had already increased more than 36 percent against the U.S. dollar this year. The new tax targets portfolio investment and financial speculation, not productive investment in the country. Nevertheless, the announcement was not well received by the market, and stocks fell sharply after the government made its announcement. But analysts offered a more positive pronouncement. In an editorial comment, the Financial Times described the new tax as “wise,” “sensible,” and “honest.”

Five Stories You Might Have Missed

President Barack Obama has been busy on the diplomatic front this week. On Thursday, Obama announced his administration would cancel President George Bush’s proposed deployment of a missile defense system to Eastern Europe.  The missile defense system would have involved deployment of radar systems to Poland and the Czech Republic, a move which the Russian government insisted undermined its own national security and necessitated the expansion of its missile systems into Eastern Europe. Although the Russian government denied there was a quid-pro-quo agreement for the U.S. move, the Obama administration is hoping that the change in U.S. policy will help improve relations with Russia and lead to greater cooperation in other areas, including addressing the situation in Iran. However, Russian Prime Minister Vladimir Putin responded to the announcement with a demand for greater U.S. concessions, including support for Russian membership in the World Trade Organization, leading some analysts to speculate that the United States had miscalculated if it believed that its policy change in missile defense would result in a dramatic shift in Russian policy.

On Saturday, the White House announced that President Obama would hold a joint meeting with Israeli Prime Minister Benjamin Netanyahu and Palestinian President Mahmoud Abba on Tuesday. Obama hopes that the meeting will restart peace talks, which reached an impasse last year. U.S. Special Envoy for the Middle East, George Mitchell, has been engaged in shuttle diplomacy to address the stalled talks for more than a week, but Netanyahu remains under domestic political pressure not to make any concessions on the expansion of Israeli settlement activity in the West Bank, a key obstacle for the Palestinians.

In other news from the past week:

1. Last week’s meeting of the Central Committee of the Chinese Communist Party raised questions about who will succeed Hu Jintao as the country’s leader. Most analysts had believed that Vice President Xi Jinping was Hu’s heir apparent, poised to take control of the party (and the country) after Hu steps down in 2012. When Xi was named to the Politburo in 2009, it was assumed that his elevation would follow the same path as Hu’s. Hu’s political power rests in his control of three offices: Secretary General of the Communist Party, President of China, and Chairman of the Central Military Commission. Xi was expected to be nominated to succeed Hu as Chairman of the Central Military Commission on Friday, but no announcement from the Central Committee was forthcoming. Although some analysts believe that Xi’s appointment may be announced at a later date, others believe that Hu may be trying to retain control of key positions, including head of the military, after his 2012 retirement.

2. Efforts to resolve the political crisis in Afghanistan continued over the weekend, as closed-door meetings between foreign envoys, opposition leaders, and representatives of President Hamid Karzai discussed the future of the country. Although President Karzai was declared the winner of last month’s presidential elections by the Afghan elections commission, most observers believe that the vote was badly flawed, with the European Union suggesting that as many as 1 million of Karzai’s votes (which would represent more than ¼ of all votes cast in the election) should be viewed as suspect. Seeking to address the political standoff, the West is pushing for a power-sharing agreement in Afghanistan that would see Karzai claim the presidency but would considerably weaken the office, transferring significant political authority to appointed technocrats.

3. On Thursday, Islamic insurgents launched a suicide bomb attack against African Union peacekeeping forces in Somalia, in a move retaliating against a U.S. strike that killed Saleh Ali Saleh Nebhan, a suspected al-Qaeda leader. The African Union force, comprised primarily of Ugandan and Burundian soldiers, remains understaffed despite being responsible for addressing the threat posed by Islamic radicals intent on toppling the fragile government.

4. The government of Venezuela has been busy courting foreign assistance in developing its oil production facilities. The Venezulan government last week announced the discovery of a “very large” pocket of natural gas offshore, following a similar announcement by the government of Brazil. The Venezulean government announced that it had signed a $20 billion deal with the Russian government and a $16 billion with the Chinese government to expand oil production in the country by as much as 1.35 million barrels per day.

5. The campaign around the Irish ratification vote on the Treaty of Lisbon, scheduled for October 2, has entered full swing. Charlie McCreevy, Ireland’s European Commissioner, delivered a strongly-worded speech to the business community in Dublin suggesting that “international investors would take flight” from the country if it rejected the Treaty. The Treaty, viewed as vital to the continued growth and expansion of the European Union, was rejected by Irish voters in 2008, sparking a furious round of diplomacy to get the Treaty passed. But many observers are forecasting another no vote by Ireland in October could lead to the defeat of the Treaty in other Euroskeptic countries, including Poland and the Czech Republic.

Five Stories You Might Have Missed

The terrorist attacks in Mumbai, India’s financial center and most populous city, has dominated recent headlines.  The attacks claimed at least 192 lives and have the potential to undermine both Indian economic development and the warming of Indian-Pakistani relations. The political fallout is also likely to be steep.  Already, Shivraj Patil, India’s Home Minister, has resigned, and many are speculating that the attacks may cost India’s ruling Congress Party dearly at the polls.

Here are five other important stories from the past week:

1.  Barbara Hogan, the new Minister of Health in South Africa, has announced a new program to address the HIV/AIDS crisis.  Under the program, the South African government will expand its support for its anti-HIV program with the help of the British government.  South Africa has the highest rate of HIV inflection in the world; an estimated 1 out of every 8 Sought Africans is HIV positive.  But the administration of previous President Thabo Mbeki had refused to acknowledge the connection between HIV and AIDS, choosing to treat HIV with traditional healers rather than conventional medicine.  South African AIDS activists are celebrating the new program.

2.  Ethiopia has announced its intention to withdraw its troops from Somalia by the end of the year.  Ethiopia has maintained a force of 2,000 to 3,000 soldiers in Somalia since 2006, when it invaded in order to oust Islamic militants who had seized power.  But the interim government of Somalia has been unable to assert authority outside of a small region in the capital, and the African Union has not fully funded its peacekeeping operation in the country.  Somalia has become a failed state, home to piracy which threatens shipping through the Suez Canal.  Some have speculated that the announcement of the Ethiopian withdrawal is intended to put pressure on the United Nations to establish a new peacekeeping operation in Somalia.

3.  Flooding near the Port of Itajai, one of Brazil’s most important ports, threatens to undermine Brazil’s agricultural exports.  The River Itajai broke its banks, flooding the port and killing at least 100 people.  The flooding threatens to close the port for as long as two weeks, undermining exports from Santa Catarina state, a major exporter of meat and chicken.  The flooding could affect global food prices, potentially rekindling concerns of a global food crisis.

4.  A French program intended to address the global financial crisis has been blocked by European Union officials.  The European Commission, the bureaucracy of the European Union, has refused to permit France to proceed with its plan to recapitalize its banks through a $13.3 billion support package.  The French government has reacted angrily to the veto, calling the decision “stupid” and “ridiculous.”

5.  A European Union probe has concluded that pharmaceutical manufacturers have engaged in unfair practices intended to delay or block the release of generic drugsadding billions to the cost of healthcare.  The investigation involved raids on several of Europe’s leading drug producers leading some to believe that the EU may pursue criminal and civil cases against the largest offenders.