PROGRESS TOWARD IMPLEMENTATION OF RECOMMENDATIONS     

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Note: In many cases this list reflects actions taken prior to the publication of Criminalized Power Structures: The Overlooked Enemies of Peace and Combating Criminalized Power Structures: A Toolkit, which suggests that international practitioners have also arrived at similar conclusions and have already begun to take action.

 

• Sharpen assessments to identify whether CPS are a threat and use this to guide strategic planning

 

The Center of Power Analysis and Targeting methodology that was responsible for the successful dismantling of the Third Entity Movement in Bosnia may be involved in a demonstration of concept with the U.S. State Department.

 

• Provide empowering mandates, especially use of hybrid justice institutions for crimes against the mandate

 

In addition to including hybrid justice institutions in mandates, we also suggest they can result from an agreement between the parties to the dispute. This precedent has been set twice. 

 

In June 2015 the President of the Central African Republic signed a law creating a hybrid Special Criminal Court with jurisdiction over the investigation and prosecution of grave human rights violations committed since 2003. Assuming that this means the court will be able to address not only past but also continuing and future grave human rights violations, this sets a major precedent for using a hybrid court to address crimes committed while the UN mission is implementing its mandate. The Court is composed of 14 domestic and 13 international judges. The Special Prosecutor will be international. The court has its own judicial police and all levels of jurisdiction up to the appeals chamber.

https://www.hrw.org/news/2015/07/13/taking-justice-new-level-special-criminal-court-central-african-republic

 

The August 17, 2015 “Agreement on the Resolution of the Conflict in the Republic of South Sudan” states that the Hybrid Court of South Sudan (HCSS) will have jurisdiction over war crimes, genocide, crimes against humanity and “Other serious crimes under international law and relevant laws of the Republic of South Sudan including gender based crimes and sexual violence.” The potential exists that the elastic phrase “other serious crimes” could be used to address crimes typical of CPS such as witness tampering or assassination, espionage against the mission and the court, grand corruption, and affiliation with organized crime. The temporal jurisdiction is for crimes “committed from 15 December 2013 through the end of the Transitional Period.” That is to say crimes committed AFTER the peace agreement was signed and during the peace implementation process. The hybrid composition is defined as follows: “A majority of judges on all panels, whether trial or appellate, shall be composed of judges from African states other than the Republic of South Sudan…Prosecutors and defense counsels of the HCSS shall be composed of personnel from African states other than the Republic of South Sudan.”


 The NATO Stability Policing Concept Development Conference and associated Workshop #3 conducted on May 15-18 concluded that “A partnership with host nation police and a hybrid court should be considered in doctrine.” This would make “hybrid justice institutions” an intermediate option between NATO’s two current alternatives of “replacement” and “reinforcement” that suffer from the same liabilities as the UN and EU. 


• Sever the flow of illicit revenue to CPS

 

The Global Magnitsky Act was passed in December 2016 empowering the US President to impose targeted sanctions on government officials and their accomplices involved in “acts of significant corruption” (e.g. “expropriation public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery”) and extrajudicial killing or torture of those seeking to expose criminal misdeeds by government officials. The sanctions at the Presidents disposal include seizure of assets in the US, prohibition of transactions involving US financial institutions, and banning entrance into the US.

https://www.congress.gov/bill/114th-congress/senate-bill/284

 

The Enough Project has published a significant report, “Bankrupting Kleptocracy: Financial Tools to Counter Atrocities in Africa’s Deadliest War Zones” that diagnoses the same threat we do (they call it “violent kleptocracy”) and proposes a similar range of measure to deprive criminalized spoilers of their ill-gotten revenue: targeted sanctions, asset seizure, and anti-money laundering. Their report can be found at:

http://www.enoughproject.org/content/bankrupting-kleptocracy

 

• Adopt criminal intelligence-led policing 

 

In Jan 2016 the DPKO Police Division published Guidelines on Police Operations that state “The United Nations police are a criminal intelligence-led service” and “The United Nations police target peace spoilers through special operations.” http://www.un.org/en/peacekeeping/sites/police/documents/Guidelines_Operations.pdf

 

At the OSCE Annual Police Experts Meeting on June 9, 2016, the German OSCE Chairmanship encouraged OSCE field operations to implement Intelligence-Led Policing.

http://www.osce.org/secretariat/245996 

 

• Make accountability a priority equal to capacity building 

 

• Create a surge capacity for and add specialized capabilities to police to seize the “golden hour”

 

The European Gendarmerie Force’s (EGF) “Framework Paper for Eurogendfor Cooperation with the United Nations” envisions “Deployment of Stability Police Units in the form of UN Formed Police Units…as well as Specialized Police/Experts Teams or Individual Police Officers (IPOs).” The EGF is designed for rapid deployment of its personnel. 

 

At the Jun 7, 2016 meeting of the EGF’s High Level Interdepartmental Committee, Member States agreed to conduct a planning study with the Department of Peacekeeping Operations regarding the possible deployment of a Serious and Organized Crime Support Unit to United Nations Multidimensional Integrated Stabilization Mission in Mali. The purpose of this study was to provide EGF Member States with a detailed picture of the prerequisites before approving deployments. Several individual EGF specialists have now been deployed, but as of yet Specialized Police/Experts Teams have not been provided.

 

The North Atlantic Treaty Organization (NATO) has launched an initiative to develop concepts and doctrine for the use of stability police in future contingencies. Michael Dziedzic addressed the inaugural conference to launch this effort on Oct 24 in Rome. He drew upon the findings in Criminalized Power Structures: The Overlooked Enemies of Peace to provide extensive empirical evidence that CPS are the predominant driver of spoiling activity in peace and stability operations. To combat this threat, stability police units equipped with a spectrum of policing capabilities beyond the traditional crowd and riot control function performed by Formed Police Units in UN missions are required (i.e., criminal intelligence, surveillance, high-risk arrest, and close protection). He will address the three remaining NATO conferences to be held in 2017 and assist with the development of policies for NATO’s interaction with other international organizations involved in stability policing.

 

 

     COMMENTS     


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John Holman,
Aug 9, 2016, 7:30 AM
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John Holman,
Aug 1, 2016, 7:45 PM