Former US Ambassador to Kenya lobbying to stop South Sudan war crimes court

This is from Foreign Policy:

The South Sudanese government hired Gainful Solutions Inc., a California-based lobbying group, for a two-year contract worth $3.7 million to boost ties between South Sudan and Trump administration. As one part of the overall contract between the South Sudanese government and the lobbying group, Gainful Solutions will push to “Delay and ultimately block establishment of the hybrid court envisaged” under a 2018 peace deal between the government, led by President Salva Kiir, and his longtime rival, opposition figure Riek Machar.

Gainful Solutions is run by Ranneberger, U.S. ambassador to Kenya, speaks at news conference in Nairobi, a former career U.S. diplomat who served as ambassador to Kenya from 2006 to 2011, and the lobbyist Soheil Nazari-Kangarlou. Constance Berry Newman, a former senior State Department and U.S. Agency for International Development official under the George W. Bush administration, is also named a consultant on the project for a $5,000 fee, according to public disclosure filings from the Department of Justice.

The U.S. government is funding the process (through the African Union) of setting up the court, to the tune of $4.8m.

Here is Human Rights Watch on the court:

The Hybrid Court for South Sudan, set out in the country’s 2015 and 2018 peace deals, could be an important way to hold perpetrators to account for horrific abuses committed in a conflict characterized by unlawful killings, torture, enforced disappearances, rape and sexual violence, and destruction of property. More than four million have been forced to flee their homes.

The court, which would bring together judges and prosecutors from South Sudan and across Africa, is urgently needed to curtail impunity for serious crimes that continue to fuel a cycle of violence in the country. As Human Rights Watch has documented, the country’s domestic court system is not prepared to handle such sensitive, complex cases.

In 2014, the African Union undertook an unprecedented Commission of Inquiry on South Sudan, detailing the serious crimes committed by all parties to the conflict. And since the 2015 peace deal was signed, the AU Commission has been trying to secure approval from the South Sudanese authorities for the initial steps required for the hybrid court’s creation.

Everyone is rightfully outraged. More than 400,000 have died since South Sudan descended into civil war and millions more were displaced.

These revelations also highlight the many challenges the court is likely to face if and when it is eventually set up. South Sudanese political elites (on both sides of the post-2014 conflict) are not particularly keen on facing justice for atrocities committed against civilians and armed actors. It is also unclear if Juba’s friends in Kampala, Nairobi, or Addis have any incentive to inject yet another variable into the ongoing efforts to establish a modicum of stability in South Sudan.

Moral outrage alone will not move the needle. The court’s success will depend on how much pivotal actors within IGAD are willing to lean on Machar and Kiir.

As far as lobbying in Washington, DC goes, this is yet another reminder that even weak states like South Sudan are not passive members of the international system. While their options are limited on account of their position in the hierarchical structure of the state system, they still have agency and have a variety of tools at their disposal through which they can influence the behavior of much more powerful states. See also here.

“The International Community”

internationalcommunity

It is one of those silly unspoken truths.

Conventional wisdom also holds that only these countries have national interests. Everyone else just does what these mostly WENA countries asks them to do.

For more on this subject see herehere, and here.

H/T Adam Johnson.

More on State Building and the International System

This is a guest post in response to a previous blog post by friend of the blog Matthew Kustenbauder.

Your post highlights the contradictions between today’s human rights regime (which is based on universal concepts of humanity and has its origins in European anti-slavery campaigns and traditions of humanitarianism, and before that debates in Christian theology) and the post-imperial international order (based on the nation state as the fundamental political unit).

Since the rise of nationalism after WWII, new states that were historically part of empires (and thereby incorporated under their systems of law, governance, and trade) have had to make their own way. For most of these states, and especially for the people living within them, the new era of national self-determination has been no more kind than was the Age of Empire. The withdrawal of imperial powers left a vacuum that today’s international system struggles to address with any effect. There are many reasons for this, not the least of which is that it is a fragmented and cumbersome system that gives the impression all states are “equal” — clearly they are not. It also tends to be a forum in which smaller and poorer states invoke language of victimhood in an effort, ironically, to get larger or more wealthy states to step in and do the work that states are meant to do for themselves — namely, govern those residing within their boundaries.

What do I mean by this last point? An illustration by way of anecdote may help clarify. I was recently frustrated watching a BBC World Report special (an outlet for the Bleeding Hearts Industrial Complex that you mentioned in your post) about multinationals and poor working conditions in the developing world. Cotton and chocolate were featured. The reporter investigated big cotton operations in India and cocoa plantations in Cote D’Ivoire. What registered as surprise to the BBC reporter was no surprise to me — He found lots of young women and children working there. But instead of asking why the local government didn’t regulate the industry or why they didn’t enforce the regulations already on the books, he ran off to Switzerland and the UK and America to ask why Nestle and Tommy Hilfiger, etc. don’t monitor their supply chains. I was baffled. This is a classic example of how an international system based on the sovereignty of individual nation states is at odds with universal notions of human rights. In many ways, it is the modern-day replacement for the old global-local tensions that existed between the imperial metropole and its colonies. We might ask, however, whether the current framework in which human rights activism operates is really any better suited to address the ongoing problems that plague developing nations. To my mind’s eye, the focus is on the wrong place … or is at least too focused on the role of businesses and advanced economies and not focused enough on working with multinationals in order to help citizens in poor countries put pressure on their governments to be accountable, competent, and truly sovereign.

The emphasis on human rights by Western governments and development work by NGOs in African countries have, more often than not, undermined the sovereignty of national governments since decolonization. More recently, however, China has emerged as the largest trading partner with many African countries. This is a game changer, not only because the Dragon does not hold human rights sacrosanct, but also because, unlike its Western counterparts, China considers economic growth and trade essential to establishing national sovereignty and the nation-state (not the international community) as the principal guarantor of the well-being of its citizens. The degree to which China can be ‘socialised’ in the ways of the international system, which was after all created by the Great Powers to replace the disintegrating world that western empires had made, remains to be seen. In any event, the long-standing tensions between universal principals of human rights, on the one hand, and the limits placed on intervention into the affairs of one state by another in the name of national sovereignty, on the other, will endure.

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Matthew Kustenbauder is a PhD candidate in history at Harvard University.