International Law Archive

BOMET COUNTY, Kenya — Last month, when Luis Moreno-Ocampo, chief prosecutor for the International Criminal Court (ICC), requested summonses for six individuals on charges related to Kenya’s 2007-2008 post-election violence, a majority of Kenyans applauded. In a country with a deep-rooted culture of impunity, many citizens had given up on domestic justice to deal with those responsible for the violence. On the eve of Ocampo’s announcement, one poll found that 85 percent of Kenyans supported the ICC process, launched after Kenya’s government failed to establish a local tribunal for key perpetrators of the violence. Yet here in Kenya’s Rift Valley […]

Nearly 20 years ago, Somaliland, a Florida-sized region of northeast Somalia once known as British Somaliland, declared its independence from Somalia. In the years since, Somaliland has emerged as a stable, democratic state that provides a measure of international security in a region overrun with pirates and transnational terrorists. Yet, no state or international body recognizes Somaliland’s independence. Instead, the international community is content with the fiction that Somalia remains a unified state. Denying Somaliland recognition will likely result in its eventual collapse and the expansion of the chaos, instability and international insecurity that characterizes Somalia. To prevent this eventuality, […]

Although the referendum in South Sudan appears to be occurring without major incident, the main challenges lie ahead on the way to an independent South Sudan, the universally expected outcome of the voting and subsequent six-month transition period. The referendum was a key component of the 2005 Comprehensive Peace Agreement (CPA) that ended decades of conflict between the Sudan People’s Liberation Movement (SPLM) based in the South, and the Sudanese government in Khartoum, led by Omar Hassan al-Bashir, who seized power in a coup in 1989. Unfortunately, the CPA and subsequent rounds of talks have failed to resolve several important […]

One global issue that looks to become more prominent in 2011 is that of United Nations Security Council (UNSC) reform. Several world leaders — including Presidents Barack Obama, Dmitry Medvedev, and Nicolas Sarkozy — have recently called for adding new members to the council, while others want to overhaul its structure and procedures. But the reformers must overcome a potential obstacle: The council just may be incorrigible by design. Most U.N. reform debates focus on how to change the Security Council to make it more representative and democratic. With respect to the former issue, the primary concern has been that, […]