Summaries — Heft 2/2007
Hans-Jörg Albrecht: International Crime, Markets of Violence, and Crimes Against Humanity:
Criminal Law Based Responses
     
  

There is abundant evidence on the ways globalization links the Northern Hemisphere with those regions in Africa, South-America and Asia where new wars are raging, exacting a heavy toll in human life. The economy of conflict resources (Colombia, Congo, the former Yugoslavia, Kashmir, Sierra Leone etc.) serves to raise the funds necessary to maintain military forces and provides incentives to remain engaged in warfare. At the core of this process, markets of violence sustain cycles of violence and provide the economic basis of crimes against humanity, war crimes and genocide. International crime in terms of drug and arms trafficking, economic and environmental crime, violations of embargo resolutions and transnational organized crime, money laundering and corruption comes with trafficking in conflict resources and channelling back the money exchanged for »blood diamonds,« cocaine or tropical timber. The international community (see Resolution 1625/2005 of the Security Council) recognizes the salience of natural resources (conflict resources) for the emergence and continuation of new wars and international crimes linked to such wars. The prosecutor at the International Criminal Tribunal, established through the Rome Statute, has confirmed that entrepreneurs and enterprises engaged in trading conflict resources, and thus supporting war lords and fueling large scale violence, will be held responsible and have to face the risk of being prosecuted for complicity or aiding and abetting. However, until today the debates in the United Nations and the Security Council as well as practices of the states demonstrate that markets of violence operate in a climate of impunity. Instruments designed to respond to markets of violence and those extracting profits from crimes against humanity have been made available by various United Nations conventions – e. g. the 1988 Vienna Drug Trafficking Convention or the Palermo 2000 Convention Against Transnational Crime –, and in particular by control mechanisms developed for the containment of transnational organized crime and international terrorism (anti-money laundering regimes, suppression of terrorism financing). Enforcement of criminal law must back up embargo decisions and the emerging systems of self control (e. g. the Kimberly process). The International Criminal Court could assume an important role in responding to markets of violence and those exploiting such violence. Such a role, however, depends on the political will at the national and international levels of enforcement.

     
 
  
 
 
 
     
© Friedrich-Ebert-Stiftung   Redaktion/net edition: Gerda Axer-Dämmer | 04/2007   Top