Macron's juggling act with Putin: balancing peace and justice
Macron, South Africa and Putin | How a decorated soldier's defamation case turned into a war crimes trial | Judicial executions have reached a record high since 2017 | And more...
Law Not War #6, featuring Emmanuel Macron
for the first time. Why? Here’s the summary of this week’s issue:
Macron is ready yet again to negotiate with Putin. And to puthim (not a typo) on trial afterwards
South Africa on the same topic: it’s complicated
How a decorated soldier's defamation case turned into a war crimes trial
Why Congo’s M23 crisis lingers on
And more….
Dear all,
Should one negotiate (yet again) with Vladimir Putin? Can the International Criminal Court warrant be cancelled in the process? Then decancelled?
I’m lost already, and so are you. See French President Emmanuel Macron’s statement below.
And I’m not even talking about South Africa’s position on arresting the Russian president should he visit the country for the BRICS summit.
More below - have a fantastic read!
Maxence
Saved from the World-Wide Web those past few days
🇷🇺 West may have to negotiate with Putin as well as pursue war crimes trial, Macron says (The Guardian)
"The timing issue – and this is where I want to be very transparent and honest with you. The question is if in a few months to come, you have a window for negotiation with the existing Russian political power, the question will be an arbitrage between a trial and a negotiation, I will be very frank with you.
And you will have to negotiate with the leaders you have, de facto, even if the day after you will have to judge them in front the international justice. So this is a question of articulation. Because otherwise you can put yourselves just in an impossible situation where you say: ‘I want you to go to jail, but you are the only one I can negotiate with.’”
I had a hard time finding the original source of this statement. The first story I saw about it had the headline “Macron admits possibility of cancelling Putin's arrest in order to negotiate peace”. That made me doubtful. So I looked further, and as I was about to give up, I found the Guardian article, which was “amended on 1 June 2023 to more accurately reflect Emmanuel Macron’s comments”.
Macron, therefore, did not admit the possibility of cancelling Putin's arrest warrant. He, however, mentioned the potential need for arbitrage between a trial and a negotiation, with the necessity of a trial. Alright, okay, that's blurry. For him too, I guess.
🇿🇦 Did South Africa make a move to let Putin attend BRICS summit?
That’s what said CBS News. That was, however, first put in perspective by News24.
So what are we talking about?
Diplomatic immunities were gazetted ahead of the BRICS summit. In response to concerns about this, the Department of International Relations and Cooperation (DIRCO) in South Africa clarified it was a standard procedure for such international conferences and was not specific to any individual. These immunities are intended to protect the conference and its attendees from the jurisdiction of the host country during the event, but they do not override any existing arrest warrants from international tribunals, such as the ICC.
Nonetheless, to address the legal implications of Putin's attendance and to explore possible solutions, an inter-ministerial task team was set up in May.
🇦🇺 How a decorated soldier's defamation case turned into a war crimes trial (BBC / The Guardian)
Over several months, Ben Roberts-Smith, Australia's highest decorated active soldier, maintained a composed presence in a Sydney courtroom, facing accusations of war crimes, peer intimidation, and mistress abuse from numerous witnesses. Yet, it was not Roberts-Smith who was on trial.
The former soldier sued three Australian newspapers for defamation over 2018 articles that accused him of committing war crimes in Afghanistan, including the murder of unarmed prisoners and civilians.
That was a bad idea.
The defamation case was dismissed and the judge found that, on the balance of probabilities, Roberts-Smith was responsible for war crimes in Afghanistan.
Note: Roberts-Smith has not been criminally charged.
🕊️ An African peace mission that serves other purposes (CEPA)
The article discusses the African leaders' peace mission, led by South Africa’s President Cyril Ramaphosa, aiming to help end the war in Ukraine. Despite international support, the mission faces challenges due to Russia and Ukraine's divergent perspectives and concerns about the mission's impartiality.
Key Takeaways:
Negotiation challenges: Proposed terms for a ceasefire and a second referendum in annexed territories were indirectly rebuffed by Russia and are unlikely to be accepted by Ukraine.
Ambiguous positions of African participants: The positions of the African countries involved could cause concern, as shown by Egypt's actions against Russia and Zambia's tested neutrality.
Potential benefits for Russia and Ukraine: The mission might provide opportunities for Russia and Ukraine to strengthen partnerships in Africa.
🇨🇩 Why Congo’s M23 crisis lingers On (IPI)
The M23 crisis in the DRC has been fueled by long-standing geopolitical tensions between the DRC and Rwanda, resulting in the displacement of over 900,000 people and a dire humanitarian situation. The crisis has been exacerbated by ineffective diplomacy and the neglect of structural conflict dynamics, including recurring geopolitical tensions and proxy warfare in the Great Lakes region.
Key takeaways from the article include:
Proxy warfare and geopolitical tensions: The crisis is deeply rooted in the proxy warfare and geopolitical tensions in the Great Lakes region. The DRC, Rwanda, and Uganda have all resorted to supporting armed groups operating in eastern DRC as a means to fight via proxies and track their respective enemies. This regional pattern of proxy warfare intersects with the DRC’s own system of armed politics and proxy wars, which is shaped by a Congolese state driven by elite networks and wealth extraction from citizens.
Role of regional organizations: The East African Community (EAC) has been spearheading efforts to end the crisis. However, the ceasefires it brokered were violated almost immediately after they were announced. The EAC's efforts have not been able to break the political impasse, showing the limitations of regional diplomacy.
Need for international cooperation: For international players, including the European Union (EU), the United States (US), and the United Nations (UN), it would be beneficial to act more consistently and in concert. The EU’s decision to provide funding for the Rwanda Defence Force’s deployment to Mozambique came at the same time as UN reports of Rwanda’s support to the M23, undermining the EU’s diplomatic efforts and credibility in the region.
Also of note, the International Criminal Court chief prosecutor Karim Khan called this week for "a new way of working" to tackle war crimes in the Democratic Republic of Congo.
😱 This week’s global report
Judicial executions have reached a record high since 2017 (Amnesty International)
883: This is the highest number documented in the past five years. As the global movement against the death penalty gains momentum, judicial executions reached a peak last year, surpassing the levels seen in 2017. Notably, Iran, Saudi Arabia, and Egypt contributed significantly to this surge in executions. Additionally, it is highly likely that a substantial number of executions occurred in China, concealed from public scrutiny.
You can read the report here.
Also rescued from the World-Wide Web
African countries need to expedite process of forming Africa Criminal Court (SABC News)
The Divide Hardens on What a Special Court for the Crime of Aggression by Russia Should Look Like (PassBlue)
Justice Update – Vanuatu at the ICJ – The Eco Files (asymmetrical haircuts)
Mali: nouvelles accusations d'exactions visant les Fama et Wagner à Adiora et Ménaka (RFI)
Centrafrique: trois membres du mouvement rebelle 3R devant la CPS (RFI)
Climate Change and Conflict Are Wreaking Havoc in Somalia (The Intercept)
Sudan and the New Age of Conflict (Foreign Affairs)
Quelles chances pour l’Afrique de siéger au Conseil de sécurité de l'ONU ? (RFI)
War, and words -- Ukraine, Russia writers' dilemma (Justice Info - AFP)
If you’re still reading this, 👏 (and thanks). This is the end of this edition, thank you for stopping by :)
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See you next time!
Maxence
Currently listening to: Oui ou non, Angèle.
(there’s something about the Macron-Putin “relationship” in there, I’m telling you)
P.S.: Prefer to read in French? Lucky you: this is a bilingual publication.