IPSI's Peace & Security Report (PSR) is a concise weekly e-publication intended to brief busy students, academics, advocates, and practitioners in the conflict management community on pertinent global news, events, and trends. The PSR empowers us all to take a step back from our immediate deadlines each Friday and gain a greater understanding of the week's global events.

  

 

This briefing paper focuses on the topic of prosecuting international and other serious crimes in Kenya, including crimes committed in the context of the post-election crisis of late 2007 and early 2008. In particular, it identifies and analyzes obstacles and opportunities for such prosecutions within current legal and institutional frameworks.

 

While Kenya's obligations under the Rome Statute require it to support the ongoing International Criminal Court (ICC) process, this brief concludes that it is equally important to create an institutional framework to ensure that national prosecutions for serious crimes take place. To this effect, the chief justice should establish a special division of the High Court, and the Kenyan Parliament should adopt legislation that establishes an independent special prosecutor to deal with the 2007-2008 postelection violence (PEV) cases and possibly other international crimes cases. Furthermore, the brief recommends that a special witness protection unit or agency be established for PEV-related offenses.

 

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BOLIVIA:  Court rules on presidential term limits

On Monday, Bolivia�s Constitutional Court ruled that President Morales should be allowed to run for a third term. While the 2009 constitution set presidential term limits to two five-year periods, the court found that the law cannot be applied retrospectively, and Morales' first term should not be counted because he was elected under the old constitution. Members of the opposition party claim that the court�s decision is an abusive measure. Comment: Evo Morales, the first indigenous Bolivian to serve as president, won his first election by promising to focus on addressing the needs of vulnerable citizens; however, after two terms in office, analysts argue that President Morales has not fulfilled this promise, and has instead used this position to further concentrate power. (CNN, Al Jazeera, BBC, ABC)

 

USA: Obama reopens Gitmo discussion

On Tuesday, President Obama vowed to revisit the idea of closing the detention center at Guantanamo Bay, calling the prison harmful to U.S. interests. This renewed interest in closing the prison comes amid a massive hunger strike in which 100 prisoners are refusing to eat in protest of being held indefinitely without trial or potential release date.  The strike began in February and has led to the force feeding of at least 21 of the participants. Comment: As a candidate for President in 2008, Obama vowed to close the military prison calling it a "sad chapter" in U.S. history; however, his efforts to close it have been repeatedly blocked by Congress, which passed a number of laws restricting the Pentagon from transferring these prisoners elsewhere. The prison is a highly visible remnant of President George W. Bush's counter-terrorism policies. (BBC, CBS, LA Times)

 

VENEZUELA: Fistfight breaks out in parliament

Tensions continued to rise in Caracas on Tuesday when a fistfight broke out in Parliament following the passage of a measure barring MPs from speaking until they recognized Nicolas Maduro as president. While each side alleges the other started the fight, both sides suffered injuries leaving many bloodied and bruised. The following day, government supporters and members of the opposition took to the street to participate in largely peaceful rival marches. Comment: The situation has remained tense in Venezuela since the April 14 election which President Maduro, a Chavez supporter, won narrowly by 1.45 percentage points. The National Electoral Council (CNE) recently rejected runner-up Henrique Capriles' demand for a full count. Capriles alleges electoral fraud, and members of his party have refused to recognize Maduro's victory. (AP, BBC, New York Times)

 

CAMBODIA: Japan approves USD 90 million dollar loan

On Tuesday, Japan approved a USD 90 million loan to Cambodia to finance the repairs to a 30 mile stretch of the National Road 5. The construction will improve the flow of traffic by connecting the city of Battambang to Banteay Meanchey, while joining the National Road 5 to highways linking Cambodia, Thailand, and Vietnam or the "Southern Economic Corridor." The official granting of the loan took place in a ceremony in Phnom Penh held by Prime Minister Hum Sen and was signed by Foreign Minister Hor Namgong and Japanese Ambassador Yuji Kumamaru. Comment: For many years, Japan has invested in Southeast Asia and Cambodian development in particular, providing USD 200 billion since 1992; Japan has given Cambodia USD 335 million in grants and USD 139 million in loans in the past two years alone. The first ten years of the loan are interest free, after which the interest rate will be .01 percent over 40 years. (Cambodia Daily, Phnom Penh Post, Japan Times)

 

MYANMAR: Anti-Muslim violence continues to spread

On Tuesday, there was an eruption of violence in the city of Okkan, 50 miles north of Yangon. Reports on the cause of violence were mixed, with some claiming that the area was stormed by about 400 Buddhist monks, and others stating that it was a mixture of local people and those from neighboring areas. State security was sent to quell the violence that caused one death and nine injuries and led to the arrest of 18 people. The government blames followers of the Buddhist 969 campaign, an anti-Muslim movement, for instigating the attacks. Comment: The violence is the most recent occurrence since mid-March, when Muslims were targeted in Meikthila, where 43 people were killed,  840 people displaced, and 1594 homes were damaged by arson.  Authorities estimate it will take two to three months for Meikthila to recover.  Most ethnic Muslim minority Rohingyas live in the Rakhine state where they have been historically persecuted, but anti-Muslim violence is on the rise throughout the nation in what Human Rights Watch calls a campaign of "ethnic cleansing." In 2012, about 200 people were killed in violence between Buddhists and Muslim Rohingyas. (Aljazeera, AP, Mizzima, MM Times)  

 

REGIONAL: Mass May Day Protests throughout Asia

On May 1, hundreds of thousands of laborers throughout Asia joined protests for the May Day celebration. In Cambodia, 5,000 workers demonstrated; 10,000 workers protested in South Korea, another 10,000 workers demonstrated in Taiwan, and hundreds of taxi drivers in China's Zhejiang province went on strike. In Indonesia, 25,000 police were sent to the capital to maintain order as 150,000 workers from three unions descended on Jakarta. In the Philippines, about 8,000 marched and some demonstrated outside the U.S. Embassy by burning paintings of Philippines President Benigno Aquino III and U.S. President Barack Obama. Comment: This Wednesday marked the 123rd anniversary of International Workers' Day, and while thousands of people took part in demonstrations, there have been no reports of violent clashes between authorities and participants. Particularly strident problems for laborers in Asia are low wages, rising costs of fuel, unemployment, hazardous working conditions, and limited rights. (Philstar, South Morning China Post, Yonhap News, Strait Times, Aljazeera) 

 

RUSSIA: Diplomatic relations with Japan revived

On Monday, President Vladimir Putin received Japanese Prime Minister Shinzo Abe at the Kremlin in Moscow, marking the first diplomatic visit in over a decade. The two heads of state resumed talks on the longstanding territorial disputes concerning four Pacific islands that prevented the signing of a peace treaty at the end of World War II. During the meeting, Putin and Abe agreed to set up a new "two plus two" negotiating arrangement that will include the foreign and defense ministers from both countries. Reviving negotiations could help rebuild bilateral trust while pursuing an economic agenda. Comment: The Kuril Islands are in the north Pacific and were seized by the former Soviet Union after declaring war on Japan in 1945. In 2010, former Russian President Dmitry Medvedev's visit to the islands caused headlines as it was the first formal visit made by a Russian president. On multiple occasions, Japan has accused Russia of violating Japanese airspace, and last Saturday, two Russian Tu-42 planes flew close to mainland Japan. (RIA Novosti, VOA, Euronews, Moscow Times)

 

TURKEY: Fighting erupts at Syria border

A clash broke out between Turkish security forces and Syrian refugees in the Ak�akale district of the southeastern province of Şanliurfa on Thursday, killing at least one Turkish policeman while wounding approximately a dozen others. Among the injured were civilians, militants, and policemen. While Turkish officials claimed that Syrians attempting to cross the border were smugglers, activists from the Syrian Opposition argued that some of the Syrians were members of the Free Syrian Army; reports have yet to be verified. Comment: The flare-up in violence came after close to 1,000 people without passports were refused entrance to Turkey. The Ak�akale gate, opposite Syria's Tel Abyad gate, has become a transit hub for smuggling medical assistance to civilians in Syria, as well as an entry point for Syrian refugees into Turkey where they have been given sanctuary. (Reuters, CNN, Hurriyet Daily News)

 

UKRAINE: Imprisonment in violation of rights

On Tuesday, the Strasbourg based European Court of Human Rights (ECHR) ruled that the pre-trial detention of former Prime Minister Yulia Tymoshenko in 2011 violated her right to a legal review. While ECHR ruled that the imprisonment abused her right to liberty and security, it did not explicitly state that the detention was politically motivated, despite allegations that President Viktor Yanukovych orchestrated the trial as an act of political revenge to keep Tymoshenko out of politics. Comment: Tymoshenko remains imprisoned to this day. There are speculations on whether or not she will be freed, but President Yanukovych said a release is not feasible since Tymoshenko is charged with tax evasion and embezzlement, and has been sent to jail for seven years for abuse of power while in office over a gas deal with Russia. Tymoshenko was a key leader in the 2004 Orange Revolution, which was highlighted by a series of non-violent actions that challenged the run-off vote in the allegedly rigged presidential election of 2004. (Reuters, BBC, WP, Guardian)

 

REGIONAL: May Day sparks clashes

On Wednesday, people across Europe took part in May Day demonstrations, and while most were peaceful, there were several instances of violence. In Athens, private and public sector unions engaged in a non-violent 24 hour strike to protest the austerity measures that were recently passed. In Moscow, several demonstrations were supported by the Russian authorities in order to avoid violent unsanctioned protests; however, in Istanbul, clashes broke out between protestors and police forces, causing multiple instances of injuries. In small pockets, demonstrators attempted to defy the Turkish government's ban on protests in Taksim Square, which caused the police to battle the crowds using water cannons and tear gas. Comment: The Turkish authorities cordoned off Taksim Square due to renovations, thus the ban was for security purposes. Taksim Square became a landmark and symbol to workers and left-wing groups after the May Day protests of 1977 in which dozens of protestors were killed when unidentified gunmen opened fire. In 2010, the Turkish authorities reinstated the May Day celebrations as a national holiday. (BBC, AP, Reuters, Al Jazeera, Hurriyet Daily News)

 

Researched/Written by Caroline Larsson

IRAQ: Deadly bombings continue into May

On Monday, at least 23 people were killed in predominately Shi'ite neighborhoods throughout the country. The deadliest attack was in Amara, north of Baghdad, where a car bomb exploded at a market as people met for breakfast, killing nine and wounding 40 others. On Wednesday, at least 15 people were killed in a series of bombings; the deadliest attack came at the hands of a suicide bomber in Fallujah who detonated an explosive vest, killing six government-backed Sunni fighters as they gathered to collect their checks. Comment: This week's attacks come a midst growing warnings of full-out sectarian violence between Iraq's Sunnis and Shi'ites. The sectarian tensions have been exacerbated by the neighboring Syrian conflict. The violence in Iraq claimed 460 lives during the month of April; it was the deadliest month since June 2008. (Al Jazeera, Al Arabiya, Daily Star)

 

ISRAEL: Conflict with Palestine is not territorial

On Tuesday, the Arab League made a shift in terms of its 2002 Arab Peace Initiative to include the idea of mutually agreed upon land swaps in the Israeli-Palestinian peace deal. Under the original plan, the 22 member states would restore full diplomatic relationships with Israel in exchange for Israel's withdrawal from the lands it gained during the 1967 Six-Day War. On Wednesday, Israeli President Benjamin Netanyahu said that Israel's conflict with Palestine is not about territory; rather, it is about Palestine's refusal to recognize Israel as the Jewish homeland. Comment: According to Netanyahu, the dispute with Palestine stretches back before 1967. News of the Arab League's shift came as the first targeted killing of a Palestinian by the Israeli Air Force since the November 2012 truce occurred on Tuesday. The man, identified as Haitham al-Meshal, was believed to be a member of Hamas' national security force, as well as a part of Jihadist Salafist movement. (Saudi Gazette, Al Jazeera, Al Arabiya, Haaretz)

 

LIBYA: Armed group besieges ministries

On Sunday, at least 200 men, armed with sniper rifles and AK-47s, along with around 30 vehicles, some with anti-aircraft guns, surrounded the foreign ministry in Tripoli. On Tuesday, the armed group also besieged the justice ministry. The group is demanding a political isolation law that would remove officials affiliated with Gaddafi's regime and shut down Libyan embassies in those countries that did not support the country's revolution, including Russia and Serbia. Nobody has been injured in the protests, and the militiamen have said that they will not fire the weapons used to shut down the ministries. Comment: Tensions between armed groups and the Libyan government have grown over recent weeks since the government launched a campaign to oust them from their strongholds. It is not new for armed groups to target government buildings; the General National Congress has been stormed on several occasions. As of Thursday, the ministries are still under siege, and the militiamen have warned that their actions could spread to other ministries and agencies. (Libya Herald, BBC, Al Jazeera, Libya Herald)   

 

Researched/Written by Kevin Coughlin