Africa Theater

Supreme Court rules against Nigerians in Shell case

The US Supreme Court ruled unanimously April 17 in Kiobel v. Royal Dutch Petroleum that nothing in the Alien Tort Statute of 1789 (ATS) rebuts the US presumption against extraterritoriality and that suits challenging torture and international law violations that took place overseas cannot be brought in US Court. Chief Justice John Roberts authored the majority opinion. Kiobel was held over from last term when the court decided that the parties should brief on the circumstance when the ATS should apply extraterritorially. In the new ruling the court held that extraterritorial disputes—those concerning foreign actors that violate treaties to which the US is a party—cannot be litigated in the US under the ATS, and "sufficient force" is necessary to displace that presumption. The opinion also suggested that "mere corporate presence" will not suffice to bring suit in the US:

Somalia Supreme Court attacked by al-Shabaab

Al-Shabaab radicals launched an assault on April 14 against Somalia's Supreme Court. The attack, resulting in at least 35 deaths, was one of the worst attacks in years for the country's capital of Mogadishu. According to the Somali government, nine men were involved in the attack against the court, six of whom detonated explosive vests. Al-Shabab retained control over most of Somalia's capital before Somali forces and the African Union forced the militants out of Mogadishu in 2011. Since being forced out of the capital, al-Shabaab has carried out a series of bomb attack in the city, with the new coordinated attack amounting to the largest one since 2011. The Somali government reported that all of the attackers died, with some killed by security forces.

Burkina Faso: the next domino?

UN Special Rapporteur on human rights and counter-terrorism Ben Emmerson on April 12 called on the international community to protect Burkina Faso from terrorism, warning that attacks on the country's infrastructure or security would undermine social cohesion within the country, impair inward investment and further destabilize the region. Burkina Faso is particularly vulnerable due to its geographical proximity to the conflict in Mali, with which it shares a border. Emmerson described the country's role in regional peace negotiations:

UN approves Congo 'intervention brigade'

The UN Security Council on March 28 unanimously approved the first-ever "offensive" UN peacekeeping brigade, to fight rebel groups in the Democratic Republic of Congo. The force of more than 2,500 troops will operate under orders to "neutralize" and "disarm" rebel forces in the resource-rich east of the country. The intervention brigade is unprecedented in UN peacekeeping because of its offensive mandate. The resolution states that it will be established for one year "on an exceptional basis and without creating a precedent" to the principles of UN peacekeeping. The force, to be deployed in July, will include troops from South Africa, Tanzania and Malawi. The UN currently has some 18,000 troops in the DRC, and has been widely accused of doing little to stop the violence in the eastern region. The latest rebellion flared a year ago, and has forced some 800,000 from their homes.

Pipeline intrigues behind South Sudan fighting

At least 163 were reported dead March 28 in clashes at Okello, in Pibor county of South Sudan's Jonglei state, pitting government troops against a rebel force whose commander David Yau Yau is said to be among the slain. (See map.) South Sudan accuses Khartoum of supporting the rebels, with military spokesman Col. Philip Aguer saying a seized airstrip was used for arms drops. He suggested Sudan is arming the rebellion in a bid to block the South's plans to build an oil pipeline through Ethiopia to a port in Djibouti. Aguer said the South's military, the SPLA, would continue to "deal with the militia group." (The Guardian, March 28) A Kenyan route for the pipeline has also been broached, with the aim of freeing the South from having to export oil through Khartoum's territory.

Central African Republic rebels void constitution

Michel Djotodia, leader of rebel forces behind a coup in the Central African Republic (CAR), declared in a radio address March 25 that the country's constitution is dissolved and he is now the nation's leader. Djotodia, a leader of the Seleka rebel alliance that seized the country's capital over the weekend and caused President Francois Bozize to flee the country, also declared the dissolution of the CAR parliament and government. The Seleka rebels' actions in taking control of the country ran afoul of a peace deal brokered in January between Bozize and the group. Seleka claims, however, that its actions are justified because the Bozize government first failed to uphold elements of the agreement, including a promise to remove South African troops from Bangui. Djotodia intends to serve out the rest of Bozize's term, which is set to end in 2016.

Congo war crimes suspect surrenders to US

Congolese war crimes suspect Gen. Bosco Ntaganda surrendered himself to a US embassy in Rwanda on March 18 and requested extradition to the  International Criminal Court  (ICC). Ntaganda has been wanted by the ICC since 2006 on charges enlisting and conscripting children under the age of 15 and of using them to participate actively in hostilities in the Democratic Republic of Congo (DRC) from July 2002 to December 2003. Ntaganda remained at large, however, and in 2012 ICC Pre-Trial Chamber II issued a second warrant for Ntaganda's arrest for additional war crimes and crimes against humanity in contravention of the Rome Statute:

Kenya: land at issue in electoral tensions

Local musicians in conjunction with the Kenyan Red Cross held a concert for peace in Nairobi Feb. 28, ahead of presidential elections next week. Dubbed Chagua Amani, Kiswahili for "Choose Peace," the concert marked the fifth anniversary of the accord that ended post-election violence that claimed more than 1,000 lives in early 2008. A few thousand people attended the show at the city's Uhuru Park—but no presidential candidates showed.

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