Tag Archives: International Criminal Court

Latest Developments, September 30

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Partial pullout
Agence France-Presse reports that the US is hoping to keep “around 10,000” troops in Afghanistan beyond 2014:

“But a new security agreement is needed to allow for the post-2014 presence, including provisions allowing the United States access to various bases.
‘We’re working with President Karzai and his government to get that bilateral security agreement completed and signed,’ [US Defense Secretary Chuck Hagel] said.
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But Karzai has insisted Afghanistan would not be rushed over the negotiations and has even hinted that an agreement might not be finalised before presidential elections in April next year.”

Historic call
The Associated Press calls last week’s telephone conversation between the US and Iranian presidents “one of the most hopeful steps toward reconciliation in decades”:

“[Iranian President Hassan Rouhani], at a news conference in New York, linked the U.S. and Iran as ‘great nations,’ a remarkable reversal from the anti-American rhetoric of his predecessors, and he expressed hope that at the very least the two governments could stop the escalation of tensions.
The new Iranian president has repeatedly stressed that he has ‘full authority’ in his outreach to the U.S., a reference to the apparent backing by Iran’s ultimate decision-maker, Supreme Leader Ayatollah Ali Khamenei. Such support would give Rouhani a political mandate that could extend beyond the nuclear issue to possible broader efforts at ending the long estrangement between Tehran and Washington — and the West in general.”

Weather forecast
The Guardian reports that the latest Intergovernmental Panel on Climate Change report is only slightly less grim than its 2007 predecessor:

“East Africa can expect to experience increased short rains, while west Africa should expect heavier monsoons. Burma, Bangladesh and India can expect stronger cyclones; elsewhere in southern Asia, heavier summer rains are anticipated. Indonesia may receive less rainfall between July and October, but the coastal regions around the south China Sea and Gulf of Thailand can expect increased rainfall extremes when cyclones hit land.
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Life in many developing country cities could become practically unbearable, given that urban temperatures are already well above those in surrounding countryside. Much higher temperatures could reduce the length of the growing period in some parts of Africa by up to 20%, the report said.”

Not letting go
While calling for French troops to “restore security” in the Central African Republic’s capital Bangui, International Crisis Group’s Thierry Vircoulon concedes that France is not exactly a neutral broker in its former colony:

“France has had an almost continuous military presence in CAR since the country gained independence in 1960, and it deployed 400 soldiers at the start of the current crisis to secure the airport.
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Paradoxically, France, while securing Bangui’s airport, is also hosting ousted president [François Bozizé], who declared from exile in Paris his wish to retake power by force with the ‘support’ of private actors.”

Exported problem
The Washington Post reports on a new study that suggests the expiration of America’s assault weapons ban has had a “striking” impact on Mexico’s violence levels:

“Overall, our preferred estimates indicate that the annual additional deaths due to [the expiration of the ban] represent around 21% of all homicides and 30% of all gun-related homicides in the post-intervention sample, which are sizable magnitudes. … For total homicides there is a clear, sharp rise between 2004 and 2005 and the effect mostly persists through 2006. The results for gun-related homicides is noisier, but the same pattern is reproduced here as well.”

Tax justice
During a speech delivered at Geneva’s Graduate Institute, former UN secretary general Kofi Annan called for a “credible and effective multilateral response” to tax avoidance:

“Ladies and Gentleman, we must recognise that instances of bad behaviour by government officials and businesses are made possible by our legal and normative frameworks. This is a key area where the international community can make a difference.
Let us be clear: Tax avoidance may be legal, yes, but its extremes have become immoral, unconscionable, and unacceptable. Tax avoidance may once have been seen as an acceptable and standard business practice. But it now costs Africa more than it receives in either international aid or direct foreign investment.
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The UK and the European Union are re-examining legislation on money laundering and transparent company ownership. I sincerely hope that they will make company registration public, easily accessible and open to all, and that these registries will extend also to trusts. We must shut down loopholes wherever we can and wherever they are.
I also encourage the British government to maintain its pressure on its overseas territories and Crown dependencies. The US government may also wish to pressure the state of Delaware.”

UNsuable
NBC News asks why it is impossible to sue the United Nations, even when the organization triggers a deadly epidemic, as it appears to have done in Haiti:

“In 1946, the year of its first General Assembly, the U.N. granted itself legal immunity as one of its first official acts. Member states signed a ratifying treaty, and that immunity has been endorsed separately by laws passed in many member states.
‘You can’t sue the United Nations in a domestic court or any court because governments have signed the treaty and some countries like the U.S. have even put it in domestic legislation,’ explained Larry Johnson, a former U.N. official who teaches international law at Columbia Law School.”

Arrest threat
The Kenyan Post reports that the International Criminal Court’s chief prosecutor has no intention of granting special treatment to Kenya’s Deputy President Willaim Ruto:

In an application she made on Thursday to the Appeals Chamber, [ICC Prosecutor Fatou Bensouda] asked the chamber to reject Ruto’s request that his trial continues in his absence.
She has also warned Mr Ruto of arrest if he fails to show up at The Hague as is required under the Rome Statute and affirmed by the Appeals Chamber.
‘The prosecution notes that Mr Ruto is not here voluntarily, but on compulsion of a summon and risks arrest if he defaults. He is an accused person before the court and, while presumed innocent, cannot expect that life will continue as normally,’ Bensouda said.”

Latest Developments, September 25

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Diplomatic baby steps
The Jerusalem Post provides a transcript of new Iranian President Hassan Rouhani’s UN speech, in which he indicated a willingness “to engage immediately” in nuclear talks but also called for changes in Western attitudes and policies:

“Coercive economic and military policies and practices geared to the maintenance and preservation of old superiorities and dominations have been pursued in a conceptual mindset that negates peace, security, human dignity, and exalted human ideals. Ignoring differences between societies and globalizing Western values as universal ones represent another manifestation of this conceptual mindset.
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The prevalent international political discourse depicts a civilized center surrounded by un-civilized peripheries. In this picture, the relation between the center of world power and the peripheries is hegemonic. The discourse assigning the North the center stage and relegating the South to the periphery has led to the establishment of a monologue at the level of international relations.”

Big signing
The Washington Post reports that the US is set to sign the international Arms Trade Treaty at the UN on Wednesday, though its entry into force still looks a long way off:

“The treaty will go into effect once it is signed and ratified by at least 50 U.N. member states. The United States will be the 89th country to sign the treaty, which was adopted in a 153 to 3 vote, with 20 abstentions, in April.
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Only four countries have ratified the treaty — Iceland, Nigeria, Guyana and the Caribbean island state of Antigua and Barbuda. U.S. ratification requires a two-thirds vote of the Senate, where many Republicans and some Democrats are strongly opposed, and the administration is unlikely to submit it in the near future.”

Intervention fever
Le Monde reports that France is currently mulling over three options for a military intervention in the Central African Republic:

“One, the most direct, would involve increasing the number of French soldiers currently in CAR from 450 to about 1,200 for a rapid securitization operation under a UN mandate, but with considerable autonomy. The second would call for increasing the current force to about 750 troops. This reduced mobilization put forward by President François Hollande would see the French contingent provide a support role for the international mission (MISCA) already on the ground with 1,300 soldiers from Cameroon, Congo, Gabon and Chad.
The last option, seen as more of a long-term approach, would keep the number of French soldiers at 450, who would serve as a rapid reaction force capable of increasing its size if needed.” [Translated from the French.]

ICC on Westgate
International Criminal Court Prosecutor Fatou Bensouda has announced her willingness to investigate the deadly attack and siege of an upscale Nairobi mall:

“Such attacks by armed groups upon innocent civilians are contrary to international law and may constitute a crime under the Rome Statute, to which Kenya is a State Party. In expressing her solidarity with the victims, their families and the people of Kenya, and with full respect for the primacy of jurisdiction of the Republic of Kenya, the Prosecutor stands ready to work with the international community and the Government of Kenya to ensure that those responsible for these crimes are brought to justice.”

Blue-helmet crimes
Radio France Internationale reports that UN peacekeepers have been accused of misconduct, including rape, in northern Mali:

“An investigation is underway. According to information obtained by RFI on Tuesday, the rape allegations were made against Chadian soldiers belonging to the group that had left their post in Tessalit for Gao in order to protest that they had not been paid bonuses or relieved by fresh troops. According to the mission’s spokesperson, the suspects remain in custody in Gao.” [Translated from the French.]

Sharing the wealth
The Guardian reports that a town in Switzerland has voted to give a chunk of its “commodity million” to charities in countries where Swiss corporate giant Glencore operates:

“ ‘We hope that people will open their eyes to the danger that raw material extraction will be the next reputational time bomb for Switzerland,’ [Hedingen’s Samuel Schweizer] said. ‘Political leaders have not learned anything from the disaster of [Switzerland’s role at the heart of the] banking industry.’
The Berne Declaration, a non-governmental organisation campaigning against Switzerland’s role in hosting global commodity companies, said: ‘While the decision makers in the capital Berne consider our commodities industry still only a political reputation risk, the landmark decision in the rural-conservative Hedingen shows that on the ground Glencore and their competitors already have a real reputational problem in this country.
‘Remarkably and correctly, the people of Hedingen assume that tax money is not automatically white, clean or legitimate. As citizens, they take responsibility for that which the government still shies away from.’ ”

Vision with teeth
Human Rights Watch has released a new report in which it lays out a post-2015 development agenda that enforces respect for human rights:

“Setting mandatory requirements on corporations to undertake human rights due diligence around their work and publicly report on their human rights, social and environmental impacts, as well as their payments to domestic or foreign governments.
Requiring respect for human rights by international financial institutions, in all their development policies and programs.
Making the post-2015 agenda universal – with commitments applicable to all countries, not just low income ones – and strengthening accountability for delivering on these commitments to inclusive, sustainable, and rights-respecting development.”

Corporate medicine
ONE reports that its co-founder, U2 frontman Bono, has lashed out at the US oil industry for fighting against new rules requiring its overseas activities to become more transparent:

“ ‘We know corruption is killing more kids than TB, AIDS, and malaria put together. There is a vaccine and it’s called transparency,’ said Bono.
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‘I’m no cranky anti-corporation critic here,’ Bono said. ‘I implore the people in this room, from Exxon, from Chevron… You can’t have it both ways. You can’t give alms to the poor on one level and have your hands on their throats on another.’ ”

Latest Developments, September 19

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French drone strike?
Xinhua quotes an anonymous “security source” as saying a French drone has killed six people in northern Mali, which if true, would be the first-ever drone killings by France:

“The source said that the Algerian army detected the drone, confirming that the strike took place near the border, on the Malian side.
The six combatants killed were allegedly plotting an attack against the military base at Tessalit, controlled since February by French and Chadian forces.” [Translated from the French.]

Welcome mat
Reuters report that on the same day as the alleged French strike, Niger’s foreign minister said he wanted armed drones to operate in his country:

“ ‘I would really welcome armed drones to shoot down drug traffickers, and all those who live from activities linked to drug trafficking. I don’t see why that shouldn’t be possible,’ [Mohamed Bazoum] said.”

Security state
The International Crisis Group has published a new report in which it expresses concern that Niger’s Western allies are pushing “a security strategy that has already shown its limitations elsewhere in the Sahel”:

“ ‘Niger has been included in security strategies that protect it but over which it has little influence’, says Jean-Hervé Jezequel, Crisis Group Sahel Senior Analyst. ‘Encouraged by its allies to upgrade its security apparatus, the Nigerien government has also substantially increased its military expenditure. But such a security focus could lead to a reallocation of resources at the expense of already weak social sectors’.
‘Rather than a security state, the people of Niger need a government that provides services, an economy that creates employment and a reinforced democratic system”, says Jonathan Prentice, Crisis Group’s Chief Policy Officer.”

Incoherent policy
The Guardian reports that a group of NGOs has accused the EU of breaking the law by letting European firms dodge “at least $100bn a year” in taxes owed to poor countries:

“The EU is the only region of the world to have a legally binding commitment to policy coherence for development, set out in the 2009 Lisbon treaty. Under the PCD, the aims of EU development co-operation should not be undermined by other EU policies on climate, trade, energy, agriculture, migration and finance.
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On taxes, Concord calls on the European council – the group of EU leaders – to extend the automatic exchange of tax information among European countries to the developing world.”

Massacre cover-up
The Associated Press reports that a South African government commission investigating last year’s shooting deaths at the Marikana platinum mine has accused the police of lying:

“In a statement issued Thursday, the Marikana commission said it had to search computer hard drives of officers to discover documents about the 2012 shootings that riveted South Africa and recalled the worst excesses of the apartheid era.
The commission said documents show the police version of events at the platinum mine ‘is in material respects not the truth.’
The statement said the thousands of pages of new evidence include documents the police had previously said did not exist and material which should have been disclosed earlier by police.”

Small consolation
The Inquirer reports that Canada’s Barrick Gold is being accused of offering “crumbs” as compensation for a toxic spill in the Philippines:

“After nearly a decade of battling it out in a United States state court, the province of Marinduque has come close to signing a deal worth $20 million with the mining company that bought the firm being held responsible for unleashing toxic wastes into Marinduque’s Boac River in a case considered to be the country’s worst mining disaster.
The compensation offer of $20 million, however, is way below the $100-million claim for damages that the Marinduque government is demanding from Barrick in a 2006 lawsuit.
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The amount, however, would further be reduced to $13.5 million after litigation expenses had been paid.”

Looming divorce
Reuters reports that African leaders will meet next month to discuss the future of the continent’s relationship with the International Criminal Court:

“So far there does not seem to be much support for it, but heads of state from the 54-member African Union (AU) may still discuss the possibility of a pullout by the 34 African signatories to the Rome Statute that created the tribunal.
Last week’s start of the trial of Kenyan Deputy President William Ruto for crimes against humanity – with President Uhuru Kenyatta’s trial due in November – has fuelled a growing backlash against the Hague-based court from some African governments, which see it as a tool of Western powers.
‘The Kenyans have been criss-crossing Africa in search of support for their cause, even before their parliament voted to withdraw from the ICC,’ an AU official told Reuters.
‘An extraordinary summit will now take place to discuss the issue. A complete walk-out of signatories (to the Rome Statute) is certainly a possibility, but other requests maybe made.’”

House of cards
The Associated Press reports that Pope Francis has said he wants the Catholic church to become less fixated on “small-minded rules”:

“But his vision of what the church should be stands out, primarily because it contrasts so sharply with many of the priorities of his immediate predecessors, John Paul II and Benedict XVI. They were both intellectuals for whom doctrine was paramount, an orientation that guided the selection of a generation of bishops and cardinals around the globe.
Francis said the dogmatic and the moral teachings of the church were not all equivalent.
‘The church’s pastoral ministry cannot be obsessed with the transmission of a disjointed multitude of doctrines to be imposed insistently,’ Francis said. ‘We have to find a new balance; otherwise even the moral edifice of the church is likely to fall like a house of cards, losing the freshness and fragrance of the Gospel.’ ”

Latest Developments, September 17

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Offense first
The Hill reports that the US, which was already sending weapons to Syria’s rebels, has now also cleared obstacles to sending them defensive equipment:

“The United States is prevented from shipping gas masks and other ‘non-lethal’ protective equipment related to chemical weapons use under mandates in the Arms Export Control Act.
Obama’s announcement effectively eliminates those rules for ‘international organizations… [and] select vetted members of the Syrian opposition, including the Supreme Military Council,’ [National Security Council Spokeswoman Caitlin Hayden] said in a statement Monday.”

Global corporate accountability
Ecuador’s government has announced that nearly 100 countries supported its call for a “binding international instrument” concerning transnational companies and human rights:

“The Declaration led by Ecuador and adopted by the African Group, the Group of Arabic Countries, Pakistan, Kirgizstan, Sri Lanka, Bolivia, Cuba, Nicaragua, Venezuela and Peru, gathers up the concerns of the countries from the South regarding the flagrant human rights violations caused by the operations of transnational corporations, that in many countries, they have left as large debts, large effects on local communities and populations, including many indigenous peoples.
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This joint Declaration constitutes a milestone within the Human Rights Council of the UN, since for the moment; Ecuador has been the only country that has defended the idea of generating an international instrument about businesses and human rights. Nevertheless, after a hard work of lobbying carried out by the Ecuadorian delegation in Geneva, it has been possible to add support, especially of countries from the South which demand more equity and responsibility on behalf of the great transnational forces.”

ICC backlash
Reuters reports that the International Criminal Court could lose a big chunk of its membership due to its perceived lack of balance:

“Officials say suggestions are being made in the African Union for a pullout from the Hague court by the 34 African signatories to the Rome Statute that created it.
‘There is a proposal in the African Union, which will likely come in January, for all AU member countries to withdraw from the ICC because the court is seen to be targeting only African leaders,’ Tanzania’s government spokesman Assah Mwambene said.
The walk-out proposal could come even sooner, possibly at an extraordinary AU summit before the year end, following expected criticism of the ICC at the U.N. General Assembly this month.
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All 18 cases so far before the ICC are against Africans, in eight countries. Most were either initiated or supported by the governments of those states.”

No number, no list
The Blog of Legal Times reports that the American Civil Liberties Union is challenging the US government’s claim that divulging even the vaguest of information pertaining to drone strikes could threaten national security:

“[Justice Department lawyer Amy] Powell argued that the CIA’s ‘no number, no list’ response—where the government deems exempt from disclosure even the number of pages of any responsive document—is appropriate.
The ACLU lawyers said in their papers that the CIA failed to show why the government should be allowed not to describe the content of any single document.”

Crosses and veils
The Montreal Gazette reports the results of a public opinion poll on Quebec’s proposed “charter of values”, which suggest many of the Canadian province’s inhabitants share their government’s selective interpretation of secularism:

“Two proposals in the package do get large approval. Fifty-four per cent of Quebecers agree that the crucifix should remain over the speaker’s chair of the National Assembly. Thirty-eight per cent disagree.
And a big 90 per cent of Quebecers agree public servants giving services or Quebecers receiving services should do so with their faces uncovered.”

Oil displacement
The Monitor reports on the impacts of oil exploration on land tenure in Uganda:

“The discovery of oil and gas has also caused the appreciation of land value even in rural areas that are now getting transformed into urban centres. The resources have also attracted investors and speculators who are acquiring chunks of land to strategise how to profiteer from the nascent industry. The oil industry has also sparked off a scramble for land that at times has left some communities to be displaced by new landlords that are procuring pieces of land from individuals that were formerly owned communally.”

Miner threat
The Globe and Mail reports that a Canadian company is demanding Romania approve what would be Europe’s largest open-pit gold mine or face a massive lawsuit:

“ ‘If the lower house [of parliament] does reject the project, we will go ahead with formal notification to commence litigation for multiple breaches of international investment treaties for up to $4-billion,’ [Gabriel Resources CEO Jonathan] Henry said in a phone interview. ‘Our case is very strong and we will make it very public that Romania’s effort to attract foreign investment will suffer greatly.’
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The Rosia Montana project has been held up by well-organized and well-funded protesters, ranging from local farmers who do not want their properties seized to make way for the enormous mine to billionaires such as George Soros and celebrities such as Vanessa Redgrave, for about 15 years.”

Expendable labour
The Guardian reports that a number of Western clothing brands are being accused of doing too little for the victims of Bangladesh’s deadliest industrial accident:

“The international union IndustriALL has called for brands to contribute $33.5m to those injured and the families of those who died in the accident with a further $41m to come from the Bangladeshi government and factory owners. While all the brands which met in Geneva said they were prepared to put up at least some cash, no agreement was reached on the structure or scale of compensation, partly because 20 brands which were invited did not attend including Walmart, Mango and the Zara owner, Inditex.
Samantha Maher of campaign group Labour Behind the Label, who attended the talks, said: ‘It is almost six months since Rana Plaza collapsed. After all the hand-wringing, workers are still facing a life of desperation when half of those brands whose products they were making have turned their back on them.’”

Latest Developments, September 5

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G20 friction
As the G20 summit kicked off in Russia, Reuters reports that US President Barack Obama encountered “growing pressure” from world leaders not to attack Syria:

The first round at the summit went to [Russian President Vladimir] Putin, as China, the European Union, the BRICS emerging economies and a letter from Pope Francis all warned of the dangers of military intervention in Syria without the approval of the U.N. Security Council.
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Putin was isolated on Syria at a Group of Eight meeting in June, the last big summit of world powers, but could now turn the tables on Obama, who recently likened him to a ‘bored kid in the back of the classroom’ who slouches at meetings.
Putin’s press secretary, Dmitry Peskov, portrayed the ‘camp of supporters of a strike on Syria’ as divided, and said: ‘It is impossible to say that very many states support the idea of a military operation.’ ”

What’s missing
The New York Times reports that the Obama administration is talking for the first time about air strikes against Syria, while a range of alternative scenarios are being floated:

“The latest is from Senator Joe Manchin III, a conservative Democrat from West Virginia who proposes giving Mr. Assad 45 days to sign the Chemical Weapons Convention and begin securing and ridding the country of its weapons stockpiles. Only if Mr. Assad refuses would the president be authorized to take military action.
‘We need some options out there that does something about the chemical weapons,’ Mr. Manchin said. ‘That’s what’s missing right now.’
The concept is already being debated by some government officials and foreign diplomats, though the White House has not weighed in.”

Rome pullout
Al Jazeera reports that Kenya’s parliament has voted to sever “any links, cooperation and assistance” with the International Criminal Court, which is set to try the country’s new president and his deputy:

“Many Kenyan politicians have branded the ICC a ‘neo-colonialist’ institution that only targets Africans, prompting the debate on a possible departure from the Rome Statute of the ICC.
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Al Jazeera’s Catherine Soi, reporting from Nairobi, said that Kenya had the support of African Union in this matter, and that other African countries could now follow suit.”

Open-pit protests
The Guardian reports on “the symbolic fight of our generation” against a Canadian-owned gold mining project in Romania that, if given the green light, would be Europe’s biggest:

“Thousands of citizens first took to the streets on Sunday, in cities across the country, spurred by the Romanian government’s recent draft bill to allow Canadian company, Gabriel Resources, to mine gold and silver at the Carpathian town, Rosia Montana.
Campaigners have criticised the “special national interest” status the bill would give the mine, which would allow the Romanian branch of Gabriel Resources, Rosia Montana Gold Corporation, to move the few remaining landowners off the site through compulsory purchase orders.”

No teeth
Care International’s Gerry Boyle dismisses the UK government’s newly launched Action Plan on Business and Human Rights as relying almost entirely on “encouragement and exhortation”:

“As a society, we all bear responsibility for the actions of the businesses that build our wealth and deliver the products we consume, and so we have an obligation to ensure that companies operating in the UK uphold these basic standards.
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So how can the guiding principles be enforced? The question of whether breaches should be a criminal offence is a complex one that requires more work, especially on how this would be enforced. It is however, a reasonable request that the Companies Act should give rise to a civil remedy that could be pursued by victims, shareholders, or indeed by the company’s own directors seeking to pursue redress where human rights abuses have occurred.”

Corporate shield
Harvard University’s John Ruggie calls on rich-country governments to do much more to ensure corporations do not violate people’s human rights with impunity:

“Exceptional legal measures may be needed where the human rights regime cannot possibly be expected to function as intended, as for example in conflict zones; and where it concerns business involvement in the worst human rights abuses. The international community no longer regards sovereignty as a legitimate shield behind which egregious human rights violations can take place with impunity; surely the same must be true of the corporate form. Greater clarity on this critical point would benefit all stakeholders.”

Two kinds of countries
In a Q&A with the Washington Post, author Teju Cole discusses his series of tongue-in-cheek tweets on whether the UK should be bombed for selling chemicals to Syria:

“It seems to me that, without quite thinking it through, we’ve divided the world into two: countries we can imagine bombing and countries we can’t imagine bombing. It’s a question of imagination. The idea that the US would launch missiles into London in 2013 is beyond absurd. But the tragedy is that it’s all too easy to imagine the U.S. launching missiles into other cities in other places in the world. I wanted to bridge that gap, in the little drive-by way of troublemaking that Twitter allows.
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All that said, U.K.’s issuance of a license for the export of chemicals or holding arms trade fairs for whomever has the money does not not make Cameron a butcher like Assad. That’s one indelible truth. The fact that Cameron and Obama preside over needlessly vicious war machines is yet another. We can hold both thoughts in our heads at the same time.”

Unhealthy priorities
The Center for Global Development’s Amanda Glassman slams a recent US trade proposal concerning tobacco in the ongoing Trans-Pacific Partnership negotiations:

“The proposal put forward by the US Trade Representative (USTR) last week in Brunei would reduce prices for US tobacco in low- and middle-income countries and make it more difficult for these countries to enforce anti-tobacco policies like package warnings and advertising and marketing restrictions.
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A ‘carve-out’ for tobacco – where tobacco would simply be excluded from the terms of the TPP agreement – was proposed by Malaysia and makes sense. But the USTR worries that a carve-out would set a precedent that could be used to block a variety of other US exports on health grounds.”