On November 5, 2009 ICC Prosecutor Luis Moreno-Ocampo announced that crimes against humanity had been committed during the 2007 post-election violence in Kenya and that the ICC would begin a formal investigation.  The crimes being investigated occurred when Mwai Kibaki was reelected as President, defeating Raila Odinga. The people loyal to Odinga rebelled; believing that the elections were rigged. This period of violence resulted in 1,500 deaths and 500,000 displacements.  Most of this violence occurred in the Rift Valley, where accounts lead to the belief that much of the violence was planned.  One example of such violence was the burning to death of 30 people in a church.  

Political parties in Kenya are generally divided among ethnic lines, and many citizens believe that if someone from their ethnic group is in power, they will benefit.  The charges against Odinga’s followers (in the Orange Democratic Movement) claim that they orchestrated a genocide against the Kikuyu people in the Rift Valley (Kibaki is of Kikuyu descent).  On the other hand, the Orange Democratic Movement has accused that police of using excessive and deadly force against protestors after the elections.  
Ocampo decided to bring a formal investigation because neither President Kibaki nor Prime Minister Raila Odinga was pursuing investigations on the crimes committed.  The ICC does have a good deal of support from Kenyan citizens because many do not believe that the government will initiate investigations because of the known corruption within the government.  Some of the prime suspects, accused by human rights groups, are high ranking government officials.  

Furthermore, the actual arrests of any individuals indicted would be entirely up to Kenyan officials.  The ICC has to be careful however, because, according to Chirau Ali Mwakwere, Kenya’s transportation minister in a NY Times article,” gangs loyal to powerful politicians within the same ethnic group could explode if their leaders were hauled off to a court in Europe”.   It was also reported that, after the government agreed with Ocampo to arrest any indicted individuals, leaders seemed evasive or to have changed their minds regarding any potential arrests.  If Kenyan government officials refused to arrest indicted individuals, the ICC would essentially be powerless in initiating any trials against the criminals.  

There are of course, complications with the investigation because, in some parts of Africa, the ICC is known as the “white man’s court”.  Almost all of the cases and investigations that the ICC has pursued have been in Africa (Uganda, Democratic Republic of the Congo), and Kenya just seems to be another one of those cases.  While this trend is hard to overlook, it is also important to realize that some of the most recent and grievous atrocities that have occurred have been in Africa.  Considering that many African governments are plagued with corruption, it is no surprise that it has been difficult for African leaders to investigate crimes in their own countries.  However, the ICC has initiated preliminary investigations in Colombia, Georgia, Afghanistan, and Gaza.  

As the clock on the Kyoto Protocol is ticking down to expiration, the importance of the upcoming U.N. Climate Change Conference in Copenhagen is growing.  A multilateral, enforceable treaty, setting limits on carbon emissions would be the ideal outcome.  However, as the dates for the conference are getting closer, the actual goals are getting smaller.  On October 28, 2008, U.N. Secretary General, Ban Ki-moon said that the conference could still be a success without its creation of a legally binding agreement.  He encouraged ambitious political agreements, with details to be worked out later.  Part of the reason for this is because of the current conflict between developing and developed nations.  

It is no secret that developed nations have much larger emissions than developing countries.  However, the effects of these emissions are hard-hitting on the developing nations, the ones that often do not have the resources to provide health care to their people, let alone fight the negative impacts of climate change. In the meantime, developed countries are trying to enforce “sustainable” development around the world so that the inevitable increase in carbon emissions from industrialization does not occur as development progresses.  However, a major paradigm in the development field is that economic growth must be a priority, and the environment can be fixed later when development has been achieved.  Also, the current developed countries certainly did not even consider sustainable development during their plight for economic growth.  While I do not ascribe to this vision of development (and I do believe more and more people are starting to see the problems with this type of thinking), it is a standpoint that many nations have taken.  In the meantime, the developed world is trying to stop unsustainable development so that the damage done by the developed world in achieving economic growth does not occur in this new push for development.  While, I do believe it is crucial to regulate emissions in the developing world, what gives the developed world the moral authority to intervene and tell these struggling countries what to do?  Development has been riddled by failed foreign intervention, and massive international aid projects that do not get resources to the right people.  For years, the West has been telling developing nations what they need, instead of actually asking these nations what is important to them, is it really going to be any different this time around?

In saying this, I am not saying that developing countries do not care about the environment, because that is simply not true.  I am saying that the developed world’s push to force sustainable development on poor countries may not be the best approach.  There are probably local, sustainable development movements in the vast majority of countries, such as the Landless Workers Movement (MST) in Brazil, or Navdanya in India.  Perhaps the best way to reduce carbon emissions globally is not to enforce strict measures on the developing world (that they may not be able to meet), but to support local movements that are fighting the causes of environmental degradation and climate change in their regions.  These movements are usually not only environmental movements, but also fights for equality and human rights in regions were the poor are continuously marginalized.  By supporting these movements, the developed world can not only take a stand against climate change, but also against persistent injustices in the developing world.  

The United Nations Climate Conference in Copenhagen is set for December 7th through December 18th 2009. The main goal of this conference is to create an international treaty that establishes a global climate agreement to replace the Kyoto Protocol which expires in 2012. The target of the Kyoto Protocol was to reduce greenhouse gas emissions by an average of 5.2% of 1990 levels by 2010.

The Kyoto Protocol was important because it set international standards and commitments for greenhouse gas emissions which demonstrated an international effort to protect the environment. It is crucial that the U.N. Climate Conference in Copenhagen ends with a treaty because the work that has been started to combat global warming is not yet over. Without a comprehensive and binding treaty, it cannot be possible to expect countries to commit to long-term emission reductions.

The United States has an especially important role in the Copenhagen conference. The U.S. has the chance to be a leader at this conference. However, the legitimacy of this leadership is heavily tied to domestic policy in America. It is important for the U.S. to pass domestic legislation that sets targets for emission reductions before Copenhagen. However, any legislation passed should show a serious dedication to cutting emissions. The American Clean Energy and Security Act, passed in May 2009, aims to reduce emissions by 4% of 1990 levels, and the Boxer-Kerry bill has proposed to cut emissions by 7% of 1990 levels. But, the scientific community has asserted that a 40% reduction of 1990 levels is necessary to really make a difference. While it is important to see the U.S. taking steps to reduce greenhouse gas emissions, the proposed reductions are a very small margin of what is actually needed to effect global climate change. For the United States to take a real leadership role in the battle against climate change, higher emissions reduction commitments are absolutely necessary.

The United States is one of the highest emitters of carbon dioxide in the world; however the effects of climate change are ever-present in developing countries that have very small emissions. The upcoming conference in Copenhagen will hopefully yield positive results, but it is critical for the U.S. to ratify and enforce any new treaty that is created. It is time for the United States to take responsibility for the damage it has done and commit to more significant reductions in emissions.

The United States has named three Strategic Objectives for Sudan:

1) A definitive end to conflict, gross human rights abuses, and genocide in Darfur.

2) Implementation of the North-South Comprehensive Peace Agreement (CPA) that results in a peaceful post-2011 Sudan, or an orderly path toward two separate and viable states at peace with each other.

3) Ensure that Sudan does not provide a safe haven for international terrorists.

The genocide in Darfur has been ongoing for six years. It was initiated by the National Congress Party (NCP) and a government supported militia called the Janjaweed. The Darfur region in Western Sudan has been targeted causing at least 300,000 deaths, 2.7 displaced individuals, and 250,000 refugees. The severity of the violence in the region has lessened since 2005, but people still live in insecurity and the genocide is still occurring. Sudan is at a critical juncture where the right action could lead to stability and peace. The press release called for the U.S. to act with a sense of urgency and purpose in Sudan.  A U.S. Department of State press release stated:

"Without an active peace process, a commitment to addressing accountability for crimes committed against civilians, a fully deployed, equipped, and performing United Nations (U.N.)-African Union (AU) peacekeeping force, and serious planning for regional recovery, the situation in Darfur will continue to fester, destabilizing the country and the region."

The U.S. has taken multilateral action to help the peace process in Sudan. The press release said that the U.S will work to strengthen the United Nations Hybrid Operation in Darfur (UNAMID) by providing funding for equipment, and diplomatic support. The Special Envoy to Darfur will create and uphold a dialogue with armed movements in Darfur to promote peace. The U.S has also vowed to work to support the implementation of a U.N. Security Council Resolution that will fight sexual and gender based violence. Furthermore, the U.S. will work to support accountability by promoting international and national efforts to make the individuals responsible for the genocide face justice. These are just a few of the ways that the United States has agreed to work multilaterally to create peace in Sudan. The U.S. will also support elections and legislative processes in Sudan.

Today the International Criminal Court announced that the Prosecutor, Luis Moreno Ocampo, would be looking into the recent events in Guinea. On September 28, 2009 , government soldiers opened fire on a group of 50,000 unarmed civilians gathering for a demonstration in Conakry, Guinea. At least 157 people were killed. The group was gathering to protest the recent announcement of the current leader of the country, Captain Moussa Dadis Camara, that he would run for president in the upcoming elections. When Camara seized power in a peaceful coup in December 2008, after the death of the former president Lansana Conte, he promised to fight corruption. He also ensured the people of Guinea that he was not looking for extended power and that he would not run for president in the next elections. For a short time, he seemed like a promising leader in Guinea, but human rights abuses have increased and the Camara's government shows no intentions of releasing their power.

The most shocking aspect of the massacre that occurred in September was the rampant violence against women. It is reported that women were sexually assaulted and raped in plain view. The exact number of women that were abused in this attack is not known, mainly because of the negative stigma attached to sexual assault victims in Guinea. According to an ICC Press Release, quoting Deputy Prosecutor Fatou Bensouda :

"From the information we have received, from the pictures I have seen, women were abused or otherwise brutalized on the pitch of Conraky's stadium, apparently by men in uniform"... "This is appalling, unacceptable. It must never happen again. Those responsible must be held accountable."

A preliminary investigation by the ICC has begun in order to determine if the crimes committed fall under the Court's jurisdiction. Guinea has been a State Party to the Rome Statue since July 2003, making this a viable case for the ICC.

To learn more about the ICC, click here.

For more information about Guinea, click here.

Last week in Cape Town, South Africa thousands of children took to the streets to protest for better schools. After apartheid ended in South Africa, leaders have tried to create a better education system for the children of the country. Unfortunately, they have not taken the most effective measures. The current protest movement takes precedence from a 1976 uprising against apartheid. One of the leaders of the current movement, led by an organization called Equal Education, is Zackie Achmat- one of South Africa's main advocates for AIDS treatment.

The main premise of the movement is to work for educational equity and to empower students to work with teachers and government officials to promote change. The importance of education in the development process in any country is overwhelming. By empowering individuals to think for themselves and question what is going on around them, a diverse civil society can be created. As Achmat has said in an article in the New York Times, "In building a citizens' movement, the most important element is giving people the sense of their own power to change things with little victories." The achievements of Equal Education (which began in 2008) thus far include: installing windows in a school whose windows were shattered, and providing a science teacher for a high school that did not have one for its seniors. According to the article, the protest that occurred last week was to rally for libraries and librarians in these schools, and is their first attempt to take on a national issue.

Among other problems facing South Africa's educational system, teachers very often do not show up for school. When they do show up, the hours that they teach for are much below the national standards. Not only do South African children have to grapple with poorly conditioned schools, they also have to deal with the chance of their own teachers, the most fundamental source of education, not even showing up to class. The schools are still subject to the legacy of apartheid, where in the Western Cape, 2 out of 1000 sixth graders in mostly black schools pass the math test at their grade level, while 2 in 3 children in schools once maintained for whites pass that same test. Education is not only important for fostering a lively civil society, but also to lead individuals out of poverty. With education comes better jobs, more trained individuals, and hopefully economic development for the country. The importance of education is not singular to South Africa; it should be recognized in all developing counties in the world.

For more information on South Africa's education system click here.

Today at a UN conference a declaration was adopted to promote entry into force of Comprehensive Nuclear-Test-Ban Treaty (CTBT). This treaty prohibits the testing of nuclear weapons, which helps to limit the negative impacts that nuclear weapons have on the environment. It also slows the production of new nuclear weapons. The declaration that was adopted today, by a large majority, urges nations to sign and ratify this treaty as soon as possible:

"The overwhelming support for the Treaty and its early entry into force has been expressed by the United Nations General Assembly and other multilateral and regional organs and initiatives, which have called for signature and ratification of the Treaty as soon as possible, and have urged all States to remain seized of the issue at the highest political level. We affirmed the importance and urgency of signatures and ratifications without delay to achieve early entry into force of the Treaty"

Hillary Clinton's remarks at the conference support the CTBT and emphasizes President Obama's goal of a world without nuclear weapons. Furthermore, she asserts that the administration will work to get the CTBT ratified through the Senate.

Act now to urge the U.S. Senate to ratify this treaty!

On September 15th, during the ongoing 12th session of the Human Rights Council, the U.N. Fact- Finding Mission on the conflict in Gaza, between December 27, 2008 and January 18, 2009, presented its report. The mission was led by Justice Richard Goldstone, former judge of the Constitutional Court of South Africa, and former Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda. This report concluded that there is evidence of severe human rights violations and also war crimes on the part of the Israeli forces. While the report mainly focuses on the abuses of the Israelis, it acknowledges that there is evidence that Palestinian troops also committed war crimes, and possibly crimes against humanity. According to the press release,

"Israel imposed a blockade amounting to collective punishment and carried out a systematic policy of progressive isolation and deprivation of the Gaza Strip. During the Israeli military operation... houses, factories, wells, schools, hospitals, police stations and other public buildings were destroyed. Families are still living amid the rubble of their former homes long after the attacks ended, as reconstruction has been impossible due to the continuing blockade. More than 1,400 people were killed during the military operation."

The effects of this violence on the people of Gaza, especially the children, will be long-lasting, because attacks were focused indiscriminately on all the people of Gaza, there seemed to be no military restraint. There was no real distinction between Palestinian military personnel and civilians during the attacks.

The report concludes that the situation in the Occupied Palestinian Territory requires action, and suggests that the U.N. Security Council forces Israel to report to it "on investigations and prosecutions it should carry out with regard to the violations" detailed in the report. It also suggests that the Security Council creates a group of experts to report to it on any individual proceedings by Israel to rectify the harm done. If in six months there seems to be no real change in Israel's actions, the report suggests that the Security Council should refer the situation to the International Criminal Court Prosecutor. The reporters also suggest that the same actions be taken towards the authorities in Gaza.

For more information on the International Criminal Court, click here. To learn more about human rights and the Human Rights Council, click here.

This morning the 12th session of the Human Rights Council opened in Geneva, Switzerland. It began with statements from three high-level dignitaries. The first was the Sri Lankan Minister of Disaster Management and Human Rights, Mahinda Samarasinghe. Samarasinghe said that Sri Lanka is working on creating a lasting solution to the violent conflict that ended in June 2009. The government is doing its best to "restore, rebuild and renew the foundations of a democratic social order." At the end of the conflict, 290,000 hostages were rescued from the Tamil Tigers (a rebel group), and now 14,500 are living with relatives and 31,000 have been reunited with family members. Samarasinghe also stressed the importance of protecting policital, economic, social, and cultural rights, along with the right to development.

The second speaker was Esther Brimmer, the Assistant Secretary of State for International Organization Affairs of the United States. She said that the U.S. took its seat on the Human Rights Council with a sense of "mutal respect". Brimmer also stated that one of the most fundamental rights of the state was to protect human rights. The United States' goals for the Human Rights Council centered around the themes of universality, dialogue, principle, and truth. She also said that the U.S. was dedicated to working with others to address human rights violations throughout the world.

The third speaker was Princess Bajrakitiyabha of Thailand. She stressed the importance and urgency on focusing on violence against women. Also, she stated that the treatment of women prisoners needed to be addressed.

For a more detailed summary of the morning session, click here. The afternoon session is scheduled to begin at 3pm.  For more information on the Human Rights Council click here.

The Washington Post recently published an article and an op-ed about the possibility of the Egyptian culture minister, Farouk Hosni, to become the next director general of UNESCO. The controversy of Hosni's candidacy comes from charges that he has displayed hatred toward Israel and has had a large role in Egypt's censorship bureaucracy. According to the Washington Post article, "he [Hosni] told an Islamist member of the Egyptian parliament that he would personally burn any Israeli books found in Egyptian libraries." Due to this remark, much opposition has come against Hosni, and also the President of Egypt, Hosni Mubarak, who has shown total support for Hosni. Furthermore, Hosni has received "pledges of support" from the Arab League, the Organization of African Unity, and the Organization of the Islamic Conference. If all of these groups continue to support him, he is basically guaranteed victory. According to Mona Eltahawy (author of the op-ed), an Egyptian writer,

    "A stronger case against Hosni's bid to lead the U.N. cultural organization would focus on how he has used censorship and disregarded individual freedom to ultimately strip Egypt of its robust culture. He might not have actually burned books, but he has banned plenty."

Hosni has publicly stated that "We ban any book that insults any religion." Hosni's candidacy is a true threat to UNESCO's mission to promote freedom of expression.