Top PDF The applicability of international humanitarian law to the UN mission in the Democratic Republic of the Congo

The applicability of international humanitarian law to the UN mission in the Democratic Republic of the Congo

The applicability of international humanitarian law to the UN mission in the Democratic Republic of the Congo

1999 Bulletin attributes exclusive jurisdiction to TCCs for their military-personnel’s violations of IHL, it appears that the same obstacles appear as if peacekeepers were prosecuted for crimes not related to the ongoing armed conflict. Consequently, the UN may merely exonerate criminals, but heavily relies upon TCCs’ cooperation to enforce accountability with IHL by bringing commissioners of international crimes to justice. South Africa’s practice has shown that it is practically possible to exercise trial close to the crime scene and compensate victims. As all three TCCs to the Intervention Brigade (South Africa, Malawi, Tanzania) are Signatories of the Rome Statute, the ICC may serve as a complementary forum in cases where the national prosecution of grave violations of IHL have proven inadequate. It follows that the complexity of the functioning of PKOs in general, highly dependent upon TCCs’ willingness to implement IHL standards into their military and criminal codes, according to which most military-personnel will be prosecuted for crimes commited while on mission. Further, practical obstacles of insufficient reporting and investigative mechanisms during volatile environments renders it difficult to hold peacekeepers accountable for crimes committed during their deployment in the host-country. 238 Indeed, it appears that initiatives to close the accountability gap for crimes committed by military- peacekeepers must come from TCCs themselves, further ensuring the equality of belligerents also before the law, and granting equal access to justice to victims. Indeed, initiatives such as South Africa’s mobile court as well as the SC Resolution 2272 (2016) might be a step into the right direction.
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Applicability of International Humanitarian Law to Non-State Actors

Applicability of International Humanitarian Law to Non-State Actors

NSAs are involved in the continual use of force or armed activities resulting in losing their categorization as civilians under IHL. 32 However, the International Committee of the Red Cross has noted that, though NSAs are considered combatants, they cannot enjoy the legal privileges that are ascribed to state combatants. 33 The most influential NSAs are those that openly control larger territories in a state, compared to weaker NSAs that work clandestinely, because NSAs aspire to gain power, land and to undermine state control. 34 Their control can be both transnational and affect civilians in several countries. This is the case for terrorist organizations such as: the “Moro Islamic Liberation Front”, which controls territory in the Philippines, Sri Lanka, Sudan and Nepal; the Lord’s Resistance Army which controls territory in Uganda, Democratic Republic of the Congo and Sudan; 35 and Al-Qaeda which controls territory in Syria, Yemen and Somalia. 36
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Child Soldiers in the East of the Democratic Republic of the Congo

Child Soldiers in the East of the Democratic Republic of the Congo

Seventh, the all-pervasive climate of almost absolute impunity for war crimes and other crimes under international law must stop. This demand was re-iterated during the open debate in the UN Security Council on Child Soldiers on 12 February 2008 and in UNSCR 1794 (2007) which called on the Congolese authorities to bring to justice without delay perpetrators of grave violations of human rights and of international humanitarian law, with special attention to those responsible for recruitment and use of children as well as for grave violations against women and children, in particular sexual violence. 49 General Nkunda, who is wanted for war crimes, would be at the top of the list of perpetrators. But the reality on the ground and the need to find a political solution to the present crisis means that the best one could probably hope for is having him sent into exile. While this would be a second best solution, it would nevertheless remove a high value military leader from the killing fields of the Kivu provinces.
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Report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo I.

Report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo I.

87. In almost all the above-mentioned areas, MONUSCO can play a decisive role. Its Force, equipped with a robust mandate, effective capabilities, and the determination of its troop-contributing countries, has proven that it can be an effective tool for the protection of civilians alongside a clear political strategy. The Mission has developed new approaches and strategies, such as the “Islands of stability”, to support the stabilization of the eastern Democratic Republic of the Congo and create durable peace in the country. It is taking a lead role within the international community as a key interlocutor on many aspects of the national commitments of the Democratic Republic of the Congo and continues to advocate strongly for human rights and an end to serious crimes under international law, including sexual violence and abuse. In order to better implement its mandate, MONUSCO has initiated its reconfiguration, including the transfer of tasks to the United Nations country team and the redeployment of staff to the East. MONUSCO will continue to closely monitor developments in Kinshasa and the West through its “antennas” for early warning of potential threats.
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The Applicability of International Humanitarian Law and the Law of Neutraility to the Kosovo Campaign

The Applicability of International Humanitarian Law and the Law of Neutraility to the Kosovo Campaign

The uncertainty about the possible imposition of an oil embargo was there- fore, for many, the reflection of their uncertainty about whether NATO had a solid legal justification for resorting to force at all. In addition, even if interna- tional law does recognize a right to use force by way of humanitarian interven- tion, it is still necessary to ask whether that extends to the exercise of belligerent rights over the shipping of neutral States. As was made clear earlier in this paper, the present writer is firmly of the view that there is a right of hu- manitarian intervention in an extreme case. Moreover, if international law permits States to use force in such a case against the State responsible for the humanitarian crisis, then it is logical that it should also permit the taking of action which is both necessary and proportionate against neutral shipping to prevent that State from acquiring supplies needed to continue its human rights abuses or resist attempts to prevent them. But it is in considerations of this kind, and not just in references to the traditional rights of belligerents at sea, that the justification for an oil embargo needed to be found.
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Dr. Antoine Kesia-Mbe Mindua 31 December 1956, Mushie, Democratic Republic of the Congo Congolese from the Democratic Republic of the Congo

Dr. Antoine Kesia-Mbe Mindua 31 December 1956, Mushie, Democratic Republic of the Congo Congolese from the Democratic Republic of the Congo

Thanks to my several internships within the United Nations, I have acquired early a perfect knowledge of the mechanisms of the multilateral diplomacy and of the United Nations system itself. Naturally, I master all human rights issues. For years, I have been Head of my governmental delegation to the United Nations Human Rights Commission/Council. And I am of course familiar with international conferences.

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Operationalizing international law principles governing state sovereignty over mineral resources: the case of Zimbabwe and the Democratic Republic of the Congo (DRC)

Operationalizing international law principles governing state sovereignty over mineral resources: the case of Zimbabwe and the Democratic Republic of the Congo (DRC)

Being an outdated mining law, the Mines Act does not specifically provide for beneficiation; however, in practice, beneficiation of minerals such as iron ore, gold and diamonds is being done. The Mines Act and other Acts discussed above only regulate access to specific domestic mineral resources. The Diamond Policy provides for local beneficiation and value addition, which are essential aspects prior to export; however, the Policy does not spell out the provision and clarity on the standard for issuance of permits to those involved in sections such as cutting and polishing. 216 The Policy only states that ‘[a] quota of all locally produced rough diamonds […] shall be reserved for local beneficiation’, and in order to promote beneficiation the state intends to offer incentives to players in the local cutting and polishing industry. 217 Further the Policy only provides that the cutting and polishing industry has to be encouraged to optimize value in its activities. 218 Lack of clear administrative procedures in the regulation creates uncertainty and loopholes, which in turn give rise to the potential for corruption, smuggling and illicit dealings throughout the diamond value chain. Ostensibly, the Policy does not authoritatively make beneficiation mandatory in that it appeals to players in the domestic diamond industry to undertake beneficiation in return for some financial incentives. The reasons could be, inter alia, that beneficiation is a capital-intensive industrial process. However, here the purpose is not to critique the process but to highlight the reasons underpinning the need for local beneficiation. The Zimbabwe Diamond Technology Centre
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The Repression of the local activities by penal law relative to the fauna in Democratic Republic of Congo, encourages the lawlessness

The Repression of the local activities by penal law relative to the fauna in Democratic Republic of Congo, encourages the lawlessness

ISSN : 2028-9324 Vol. 13 No. 1, Sep. 2015 41 Ce tableau comprend toutes les espèces animales menacées d'extinction. Le commerce de leurs spécimens n'est autorisé que dans des conditions exceptionnelles. Ces espèces sont totalement protégées, c'est-à-dire qu'il est formellement interdit, sauf en vertu d'un permis scientifique délivré par le Ministère de la Conservation de la Nature, Eaux et Forêts, ayant la chasse dans ses attributions, de les tuer, de les capturer, de les chasser, de les poursuivre, de les déranger volontairement ou de les faire fuir, par n'importe quel moyen irrégulier et dans le but de leur nuire. Le fait, pour quiconque, d'avoir provoqué volontairement et sans autorisation un des animaux énumérés sur cet appendice constitue une infraction.
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Mortality and health survey, Walikale, Democratic Republic of the Congo, 2017: an example of the use of survey data for humanitarian program planning

Mortality and health survey, Walikale, Democratic Republic of the Congo, 2017: an example of the use of survey data for humanitarian program planning

BCG: Bacillus Calmette-Guerin Vaccine; CI: Confidence interval; CMR: Crude mortality rate; DRC: Democratic Republic of the Congo; ERB: Ethical Review Board; GAM: Global acute malnutrition; iCCM: Integrated community case management; IQR: Interquartile range; MAM: Moderate acute malnutrition; MCV: Measles containing vaccine; MoH: Ministry of Health; MSF: Médecins sans Frontières; MUAC: Mid upper arm circumference; OPV: Oral polio vaccine; PHC: Primary health centre; PHU: Primary health unit (in the study area these are health posts and community sites; they provide more basic care than the PHC); PPS: Probability proportional to size; PSU: Primary sampling unit; SAM: Severe acute malnutrition; U5MR: Under-five mortality rate (mortality rate in children under five years of age); WHO: World Health Organization
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The Banyamulenge of the Democratic Republic of Congo: A cultural community in the making

The Banyamulenge of the Democratic Republic of Congo: A cultural community in the making

The bride would not be seen in public as she would remain in the house in a place called mugakinga for one to two weeks, until her father-in- law would come and greet her (gutinyura). He would use words such as “this family is yours, make it your own, organise it, defend it and multiply it. You are no longer a stranger, its people are your people and its wealth is yours as well.” This event would be followed by a visit from her own family, coming to greet her (gukoza muziko). After six months, the wife would go to her parents to greet them and stay there for one month (kuramutsa). During this period, she would still be called umugeni and would spend time in the company of her sisters-in-law (baramukazi), wives of her brothers-in-law (bakeba) and from time to time her mother-in-law and grandmother of her husband. They would teach her the internal affairs (what to do and what not to do) of their family. As a way of expressing respect the bride was not supposed to call her parents-in- law and those related by their names (gutsinda).
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The phenotype and genotype of rheumatoid arthritis in the Democratic Republic of Congo

The phenotype and genotype of rheumatoid arthritis in the Democratic Republic of Congo

Patients consulted following a rather long delay after experiencing typical symptoms and all presented with a high value of DAS-28. This may be attributed to several factors: the poverty of the population with difficulties in accessing and paying for healthcare, the use of traditional medicine, and lack of information and education. It is, therefore, understandable why many patients consult only when symptoms become intolerable as a conse- quence of high disease activity. The high DAS-28-ESR scores in our patient population are probably partly related to the low hemoglobin level found in this study. These low hemoglobin levels may not necessarily be related to the severity of the RA since they are similar in patients and controls. They are probably influenced by the nutritional deficit and tropical infections which affect a part of the Congolese population. Therefore, it is prob- ably unwise to compare DAS-28-ESR scores from Congo- lese patients in absolute terms with scores obtained in a Western population. We cannot exclude that DAS-28- CRP would have allowed a more accurate interpretation of the disease activity, but unfortunately, for practical rea- sons, CRP could not be determined.
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The Democratic Republic of Congo s Infrastructure: A Continental Perspective

The Democratic Republic of Congo s Infrastructure: A Continental Perspective

While it is important to reconstruct the road network, the very valuable role that can be played by river transportation should not be overlooked. The vast Congo River traverses the DRC, linking two of its main cities (Kinshasa and Kisangani), while its innumerable tributaries crisscross much of the country. About 15,000 km of the Congo River and its tributaries are navigable, or potentially so with a certain amount of regular dredging and relatively modest investments in quays and signaling. The capital and maintenance costs per kilometer of navigable waterway are a fraction of those per kilometer of road. Even under today’s less than ideal navigation conditions, the cost of moving freight along the Congo River— around 5 cents per tonne-km—is only a third of the cost of moving freight by road or rail. Although the river network does not cover all routes of interest, and river transport is comparatively slow, it has clear economic advantages and the potential to recover its historically large role in the DRC’s transport network.
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Barriers to Education for Girls in the Democratic Republic of Congo

Barriers to Education for Girls in the Democratic Republic of Congo

Unpublished qualitative research conducted by Children in Crisis & Eben-Ezer Ministry International provides an insight into barriers for girls’ education in highland areas in eastern DRC: Fizi, Mwenga and Uvira. Attitudes of women and girls towards gender equality were classed as ‘negative’. Girls spent around 3 hours per day on domestic duties and chores were reported to get in the way of school attendance. Parents did, however, value education. Traditional views that women are second class citizens persist, and interventions should be sensitive to the perception that a change in this view is Western culture destroying local culture. Identifying and supporting local men and women who believe in gender equality and who have respect in the community may be more effective than imposing ‘Western’-led interventions. Other barriers identified include: early/forced marriage, parents’ lack of interest in childrens’ activities and low value placed on schooling, and children’s disinterest in school due to lack of school quality. The research provides a very useful insight but there is agreement 1 that there are
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Challenges Of Democratization In The Democratic Republic Of Congo (Drc)

Challenges Of Democratization In The Democratic Republic Of Congo (Drc)

http://journal.umy.ac.id/index.php/jsp/issue/archive Page 87 of 108 Much of the violence that plagues Congo today is linked to the country’s broader political crisis, as President Joseph Kabila has stayed in power beyond his constitutionally mandated two-term limit by delaying elections and quashing dissent. Security forces have killed over 300 people during largely peaceful protests since 2015. Hundreds of opposition supporters and democracy activists have been thrown in jail. As a result, since August 2016, an outbreak of violence in the country’s central Kasi region, involving Congolese security forces, government-backed militias, and local armed groups, has left up to 5,000 people dead. In December 2016, the deadline for new elections passed. This followed failed attempts by the Kabila regime to change the constitution to allow him to run for a third term, a tactic that has proven successful for neighboring Rwanda’s Paul Kagame and Burundi’s Pierre Nkurunziza. Even if elections take place in 2018, they are unlikely to bring fundamental changes to the Congo ( Beurden, 2018 ).
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Schistosomiasis in the Democratic Republic of Congo: a literature review

Schistosomiasis in the Democratic Republic of Congo: a literature review

The Democratic Republic of Congo (DRC) is the sec- ond largest African country (2,345,400 km 2 ), situated in the heart of Africa and sharing boundaries with nine neighbouring countries. The country, which has faced decades of war, is one of the poorest countries world- wide, with 50 % of the population living without access to safe water and sanitation [13]. Schistosomiasis has been known to be present in certain provinces of DRC for more than a century [14]. After the first cases of schistosomiasis were detected in DRC in 1897, surveys have been conducted in several areas, and data were col- lected during colonial times (1908–1960). These early reports were reviewed in 1954 by Gillet and Wolfs [15]. The country achieved independence on June 30th 1960. Since then, there has been no clear overview on the sta- tus of schistosomiasis within the country. In 2012, the Ministry of Health adopted a national plan against neglected tropical diseases (NTDs), including schisto- somiasis [16]. Future school-based mass treatment cam- paigns for five NTDs including schistosomiasis are now gradually being implemented throughout the country. The purpose of this review is to summarize the informa- tion currently available on schistosomiasis in the country and to identify knowledge gaps that need to be ad- dressed in the perspective of upcoming control activities.
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Presidential majority and governance in the Democratic Republic of the Congo

Presidential majority and governance in the Democratic Republic of the Congo

Deux grandes alliances se sont constituées au premier tour de ces élections couplées (présidentielles et législatives) qui se sont tenues le 30 juillet 2006: L’Alliance de la Majorité ́ Présidentielle (AMP) créée officiellement le 24 juin 2006 dominée par le PPRD (parti du peuple pour la reconstruction et la démocratie) et le Regroupement des Nationalistes Congolais (RENACO) chapeautée par le MLC (mouvement de libération du Congo) de Jean Pierre Bemba. Aucun candidat sur les 33 retenus n’a pu obtenir la majorité ́ absolue à l’issue du vote. Suivant les résultats publiés par la Commission électorale Indépendante (CEI) le 20 août 2006 : Kabila (44,8%), Bemba (20,0%), Gizenga (13,0%), Zanga Mobutu (4,8%) et Oscar Kashala (3,5%). Aucun autre candidat ne franchit la barre de 2% [4]. L’AMP plus le Parti lumumbiste unifié (Palu) et l’Union de mobutistes (l’Udemo) a pu cependant disposer de la majorité absolue à l’Assemblée nationale soit 338 sièges sur les 500 qui étaient à pourvoir [5].
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Using ante natal clinic prevalence data to monitor temporal changes in malaria incidence in a humanitarian setting in the Democratic Republic of Congo

Using ante natal clinic prevalence data to monitor temporal changes in malaria incidence in a humanitarian setting in the Democratic Republic of Congo

Humanitarian organizations and other bodies are regularly trialling new methods of malaria control in specific areas to try and meet local needs. For example, MSF have used mobile malaria teams, community-based malaria management and different models of health cen- tre support in different areas of the DRC. The evidence- base to support these interventions is lacking due to the huge expense and infeasibility of conducting large RCTs in some areas. The full effect of a sustained decrease in transmission due to an intervention may not be observ- able in ANC prevalence measurements until several months after it begins, therefore availability of routine ANC data from a strategy of IST alongside IPTp in area where the intervention is introduced, combined with the model outlined here, could provide a low-cost measure of triaging new interventions to see which should go on for more thorough investigation.
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Conflict resolution for sustainable development in the Democratic Republic of Congo

Conflict resolution for sustainable development in the Democratic Republic of Congo

In the DRC it is estimated that more than 90% of the population are Christian 6 (Johnstone & Mandryk 2001: 198). God has given to the church the ministry of reconciliation, and the church in the DRC has been involved in socio-political life of the Congolese people. It has also been a provider of public services such as schools and hospitals for many years (Thinkafricapress 2013). Therefore, the church in DRC is in a position of undeniable influence on the daily life of the Congolese as it constitutes the majority. It also has the power to expose any wrongdoing, promote national unity and stand on the side of the marginalised with love. In the process, the church can invite both the churches of neighbouring countries and from the international community to do the same and promote reconciliation in their own countries. The investigation will cover the period of time from the day DRC got its independence from Belgium (30 June 1960) until today with some important events of the colonial period (also those of the slave trade period) being looked at. The aim of this research is to make good recommendations that will hopefully help to challenge both the Congolese church and its leadership with regard to conflict resolution and sustainable development in the country.
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Elusive Justice for Victims of the Abdoulay Yerodia International Crimes of August 1998 in the Democratic Republic of the Congo

Elusive Justice for Victims of the Abdoulay Yerodia International Crimes of August 1998 in the Democratic Republic of the Congo

Since its independence in 1960, the DRC has experienced several epochs of conflict in which thousands of people have lost their lives through inter-ethnic violence. Some were caused by members of different communities fighting amongst themselves and many others were the result of political manipulations orchestrated by certain politicians in order to achieve their political ambitions. Moreover, most of the crimes committed as a result of this violence remain unpunished, a situation which has, many times, led to their reoccurrence. The massacre of the Tutsi of August 1998 is one of these tragic events which was orchestrated by politicians, and in which victims were targeted because of their ethnicity, and its perpetrators remain unpunished. These massacres were triggered by Yerodia’s and the late President Kabila’s speeches advocating racial hatred during the outbreak of the war in August 1998 in the DRC. These high-ranking officials accused the Tutsi, as a community, of conniving with foreign countries, notably Uganda, Rwanda, and Burundi, to destabilise the DRC, and called members of other Congolese communities to exterminate them. In their messages, broadcast in international media, they described the Tutsi as ‘Scum and vermin that must be methodically eliminated and with determination.’ These speeches were followed by concrete acts in which thousands of Tutsis lost their lives. However, although DRC officials used the outbreak of the war in August 1998 to justify these horrific crimes, it is evident that, for many years, the Tutsi have been victims of discrimination and other forms of injustices in the DRC because of their ethnicity. Since the colonial era, Tutsi in the DRC were denied the right to customary power and therefore excluded from governance. From the post-independence conflict until today, Tutsi in the DRC have also been frequently targeted because of their origin during the successive wars that occurred in the DRC. Moreover, their Congolese identity was repeatedly manipulated by different politicians for their political purposes. These facts and others were among the direct precursors to their massacres of August 1998.
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Comparative study of legal instruments of Democratic Republic of Congo, Cameroon and Congo Republic into the production of non-biodegradable package

Comparative study of legal instruments of Democratic Republic of Congo, Cameroon and Congo Republic into the production of non-biodegradable package

En effet, l’insalubrité constitue un des sérieux problèmes environnementaux auxquels sont confrontés les africains. La gestion des déchets aussi bien solides, liquides que gazeux, et particulièrement celle des emballages non- biodégradables constituent un sujet d’actualité. Cette catégorie des déchets a été inventoriée parmi les sources potentielles de gaz à effet de serre qui préoccupe les pouvoirs publics dans presque tous les Etats du monde et, singulièrement, dans les pays en développement où leur gestion demeure une préoccupation essentielle [2] [3]. A titre exemplatif, le protocole de Montréal, signé le 16 septembre 1987, qui vise à stopper les dégâts causés à la couche d'ozone, notamment, en interdisant l'usage des chlorofluorocarbures et d'autres gaz nocifs pour la couche d'ozone [4]. Depuis 1989, le commerce des déchets est réglementé par la convention de Bâle, qui interdit l’exportation des déchets des pays développés vers les pays en voie de développement pour échapper aux réglementations locales [5]. Le dernier sommet mondial important a été le sommet de Copenhague en décembre 2009, dont le bilan est mitigé mais qui avait entamé la préparation de l'après-Kyoto, et essayé de lui donner un nouveau souffle en décidant des engagements chiffrés en matière de réduction des émissions de gaz à effet de serre [6].
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