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Articles from the March 2008 issue

SPECIAL REPORT: Peace vs. Justice in Uganda

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Photo courtesy of Global Policy Forum

DEVELOPMENTS

Does international criminal justice promote the settlement of on-going conflicts or does it, in contrast, stand in the way of peace agreements? This question has become one of the most pressing in the fields of international criminal law and transitional justice. The debate is perhaps best illustrated in Uganda where in mid-2006, after a twenty-year civil war, the Lords Resistance Army ("LRA"), a rebel group that plagued northern Uganda with twenty years of violence, has become engaged in the most serious peace negotiations to date. In the eyes of some at least, the International Criminal Court ("ICC") indictments against the LRA now stand in the way of a final peace deal.

BACKGROUND

In December 2003, Ugandan President Yoweri Museveni referred crimes committed in Northern Uganda to the ICC. Subsequent to the Ugandan referral and an investigation by the ICC, the Court returned indictments against five LRA leaders. Soon thereafter, in late June 2006, the LRA expressed willingness to engage in a new round of peace talks with the Ugandan government. This latest round of negotiations quickly came to appear far more promising than any of the previous efforts.

 

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Change in Cuba?

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courtesy of the New York Times

 

DEVELOPMENTS

On February 19, Fidel Castro, 81, announced his permanent retirement as Cuba's president. At the time of his announcement, Fidel had served as head of state for 49 years, making him the second longest ruling head of state in the world behind Queen Elizabeth.
Fidel had previously turned power over to his brother Raúl Castro, 76, on a provisional basis in July of 2006, when Fidel underwent emergency intestinal surgery. Fidel remains a member of Cuba's National Assembly and First Secretary of the Cuban Communist Party, but he no longer retains an active role in governing Cuba.

 

On February 24, the Cuban National Assembly formally elected Raúl Castro President of the Council of State and in a surprise move, elected as First Vice-President José Ramón Machado Ventura, 77. Machado Ventura, a physician, had been organizational secretary of the Communist party and is a member of the Politburo. Ramón Ventura's election to Cuba's second in command was a surprise as most Cuba watchers expected either Carlos Lage, 56, or Felipe Pérez Roque, 42, to be named First Vice-President. Machado Ventura has been close to Raúl since the 1950s.

 

The White House responded to the news by stating that Raúl's election "will make no improvement in the political situation in the country because the old guard remains firmly entrenched.


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Sovereign Wealth Funds

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DEVELOPMENTS

Sovereign wealth funds have bailed out some of Wall Streets biggest players. On January 15th the governments of Singapore, Kuwait and South Korea provided a $21 billion dollar bailout to Citigroup and Merrill Lynch, who had both posted large losses in the wake of the sub-prime fallout. Most recently there has been a backlash over allowing the Chinese sovereign wealth fund to own oil firms. But even as these financial giants are providing much needed cash to the markets, there are legitimate concerns about how these funds operate and their potential influence in the marketplace.

BACKGROUND

Sovereign wealth funds are assets held by governments in another country's currency. When a country runs an account surplus, they can accumulate large reserves of cash. Rather than tucking the money away in an account to generate interest, the funds can be used to purchase investments that might generate greater returns. A fund is set up and managed to pursue these investments. Some nations, awash in oil money and surging exports, have enormous amounts of money to invest. The $200 billion-China Investment Corporation plans to invest $5 billion in Morgan Stanley in addition to its $3 billion stake in the Blackstone Group. 

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A Difficult Birth: Kosovar Independence and Eastern European Stability

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Map of Kosovo

DEVELOPMENTS

On February 17, 2008, Kosovo declared its independence from Serbia. While Serbia's government officially announced it was annulling the declaration of independence, that announcement appears unlikely to have any impact. More than twenty countries have already extended diplomatic recognition to an independent Kosovo, including many Western countries and countries in the Muslim world. A full, regularly updated list of countries to recognize Kosovo is available at www.kosovothanksyou.com, as are English-language versions of the new country's Declaration of Independence and Constitution.

Neither the United Nations nor the European Union have taken an official position in one direction or the other. Meanwhile, Kosovo's declaration has been met by wide-spread opposition in the former Soviet bloc. The country's Balkan neighbors have generally not recognized Kosovo's independence and news coverage in that part of the world has taken a pro-Serbian position.

In heavily Serbian Northern Kosovo, a NATO-manned border crossing, Kosovar police, among other sites, have been attacked; protests and rioting are widespread. Within Serbia, there has been widespread rioting directed at Western institutions: the United States, Slovenian, Croatian, Bosnian, Turkish, and Canadian embassies, and a McDonald's restaurant have all been targeted, and one Kosovar Serb died in the rioting at the U.S. embassy.

 

Rioting has also taken place in Banja Luka, the largest Serbian city in Bosnia-Herzegovina. The Serbian government blames U.S. policy for the riots, while the United States emphasizes that the U.S. embassy is American territory under international law and Serbia has a legal obligation to help secure it. Adding to the tension, dozens of Serb officers have deserted the Kosovo police force since the new state declared independence.

Analysts expect that Serbia will seek a de facto partition preserving Serbian control over the areas north of the Ibar River in downtown Mitrovica (known as Kosovska Mitrovica to the Serbians).


BACKGROUND

Kosovo's history is laid out in more detail in Foreign Policy Digest's recent piece on the region.

Control of Kosovo has long been contested. For most of the 20th century it was part of Serbia and Kosovo Polje - the site of a fourteenth-century battle - is sacred ground in Serbian Eastern Orthodoxy. During the 1990s, an independence movement arose on behalf of the ethnic Albanian majority. Serbia retaliated with what many considered excessive force, and NATO intervened to avert further civilian losses. After a NATO-led bombing campaign targeting Serbia's capital city of Belgrade brought an end to the conflict, the United Nations Mission in Kosovo (UNMIK) took on many of the administrative duties in the province.

Recently, the Ahtisaari plan had become the predominant approach to resolving Kosovo's final status. In concert with the United Nations, former Finnish President Mahti Ahtisaari drafted a plan calling for "supervised independence" for the province which had been governed by the United Nations for almost a decade. Russia opposed the Ahtisaari plan and implicitly threatened to recognize breakaway pro-Russian movements in several former Soviet republics.

ANALYSIS

Kosovo continues to have broad strategic implications.

First, there is a danger of continued violence in the region, both against Western targets in Serbian areas and in the protests engulfing Serbia and Kosovo. Thousands of U.S. and EU troops could be caught in the middle and if Serbia makes a serious push to partition the province, contested areas - especially Mitrovica - could be subjected to large-scale violence.

Second, the dangers present in Kosovo could have spillover effects in other ethnically divided countries in the region as well as in the "frozen conflicts" of the former Soviet bloc. Concern over the potential spillover effects and the impact of Kosovo's declaration of independence on other secession movements motivated the European Union to declare that Kosovo is a unique case and does not serve as precedent for any other independence movements. It is not yet clear whether this position is practicable, but ethnic separatist movements around Eastern Europe are sure to watch closely.

Moreover, Kosovo's southern border with Macedonia is disputed and there is concern that Kosovar independence could reignite military conflict within Macedonia. Although Russian President Vladimir Putin has suggested in the past that what is good for Kosovo should be good for the frozen conflicts as well, Russia is in a strategically complicated position. As breakaway states in Georgia and Moldova push for independence, Russia worries that Kosovo will serve as a precedent not just for South Ossetia, Abkhazia, Nagorno-Karabakh and Transdniestria, but for Chechnya as well. Absent considerations about Chechnya, Russia would likely strongly consider recognizing the "frozen conflict" movements, but as it is strengthening the Kosovo precedent would put Russia's own territorial integrity at risk.

Third, Kosovo's policymakers and her allies will have to wrestle with the serious economic challenges facing the province. Widespread poverty, unemployment, corruption and serious public health challenges will face the infant country.

Finally, the United States must work to preserve Kosovo as a strong ally. There have been small anti-American gestures by extremists and many of the new state's other allies will not have America's best interests at heart. As one of the proximate causes of Kosovar independence, America should have a very special relationship with the new nation. That relationship must be preserved without destabilizing America's relationship with Russia.

 

The Muslim Brotherhood and the Egyptian Regime

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Map of Egypt courtesy of About.com

DEVELOPMENTS

Ever since the Muslim Brotherhood won nearly 20% of the vote and 88 seats in the fall 2005 parliamentary elections, the Egyptian regime has launched a sustained campaign of repression against the group. It has arrested hundreds of Brotherhood members, including some of its most prominent leaders and frozen the assets of its top financiers.


The most current flashpoint between the government of President Hosni Mubarak and the Islamist opposition is the ongoing trial of 40 Brotherhood leaders, including Deputy General Guide Khairat al-Shater, who many consider to be the group's chief strategist. After a civil court cleared the defendants more than a year ago, the government transferred the case to a military court, where the Brotherhood members are being tried for belonging to a banned group and distributing unauthorized literature. The verdict announcement was scheduled for February 26th but was postponed until March 25. Many observers believe this is an attempt to handicap the group in advance of important municipal elections on April 8. Since mid-February, close to 300 Brotherhood members have been imprisoned in a new round of arrests, including Khaled Hamza, the editor of Ikwhanweb, the group's official English-language website.

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