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.

kenyan elites conspired to kill peasants in rift valley, and are getting away with it

President Kibaki’s embarrassment regarding the 2007-08 post-election violence continues. The latest information from wikileaks suggests that the top brass of the Kenyan military armed the proscribed group Mungiki which then went on to kill peasants in Kenya’s Rift Valley Province. The outgoing US Ambassador detailed to Washington how co-ethnics of Mr. Kibaki tried to arm-twist the army into providing guns and aerial support to Mungiki in their campaigns against Kalenjins in the wider Nakuru area.

In light of this new information the natural question that follows is how much Mr. Kibaki knew. I find it hard to believe that he had no clue about this. I find it harder to stomach the fact that the President of Kenya may have Ok-ed a move by some of his lieutenants to murder innocent women and children simply because they spoke a different language.

Here is an excerpt from the Standard:

In the cables published on the wikileaks website, the envoy reported he received information retired military generals from Central and Rift Valley provinces were involved in organising militias that were meant to play a bigger role in the violence.

Ranneberger identified a former commandant of the National Defence College as the main player in the deadly plot. “At one time he put pressure on serving military generals to arm the outlawed Mungiki sect with G3 rifles, and also provide them with helicopter support,” read part of the cables.

In one cable titled ‘Kikuyus Not Afraid to Strike Back’ Ranneberger quoted sources claiming elements of the “Kikuyu-dominated Party of National Unity (PNU)” were backing the so-called “Forest Guard” militia, which included members of banned Mungiki sect.

“He (name withheld) has reportedly put pressure on the current Kenya Army Commander, Lieutenant General Augustine Njoroge to release G3 rifles and provide helicopter support to the Forest Guard,” read part of the cable.

Lt Gen Augustine Njoroge has since left the force and is now Kenya’s Ambassador to Israel. It is not clear if he executed orders from his superior.

The cable claimed the Lieutenant General in question was assisted in his efforts by a retired Brigadier General who was “acting as Chief of Staff for the effort”. The name of the former presidential aide-de-camp has also been withheld for legal reasons.

The ambassador further wrote Mungiki was receiving funding from two businessmen, one of them based in Muthaiga.