Illegal Exploitation Of Natural Resources Research Articles

ISSUES OF COMPENSATION FOR DAMAGE CAUSED AS A RESULT OF ILLEGAL EXPLOITATION OF NATURAL RESOURCES (in example, Armenia's military aggression against the Republic of Azerbaijan)

The Second Karabakh War, which ended with the victory of the glorious Azerbaijani army, not only resulted in the liberation of the occupied territories, but also laid the groundwork for the revelation of the destruction committed by the Armenian invaders. Revealing the destruction caused by the hostile enemy means identifying and studying the damage caused to the country’s infrastructure, nature, and resources in those areas. This article talks about part of the damage to the economy of Karabakh. The article begins with the provision of initial theoretical knowledge about natural resources, in the next stage, the issues addressed in the Azerbaijani legislation on natural resources, the approach to these issues in international practice, the current situation regarding damage assessment, and the steps that can be taken at the legal level are discussed. Purpose – The issue of damage caused by the illegal exploitation of natural resources in Karabakh and its assessment and payment at the international legal level is the issue. Methodology – economic analysis methods, economic analysis, comparative analysis, and synthesis methods were used in the article. Findings – As a result of the illegal exploitation carried out in the liberated territories, it canbe noted that despite the fact that only a short time has passed, both local experts and foreign expert groups continue their efforts to analyze this issue in depth. The work done is always under the government’s attention and the topic remains relevant.

Expanding the Jurisdiction of the International Criminal Court

Environmental destruction and exploitation of natural resources are some of the main causes of humanitarian conflicts, which are often international in scale. One instance was the crime of genocide conducted by Al-Bashir, which was triggered by exploitation of natural resources (resource war), causing pollution of vital water sources, and ending with conflict in Darfur, Sudan. This case is evidence that environmental destruction can be a driving factor for crimes against humanity. In response to this, the International Criminal Court (ICC) issued a Policy Paper, which sets out considerations to prosecute cases of environmental destruction and illegal exploitation of natural resources, which is referred to by some as ecocide. With growing demand of the international community, not only natural persons, but corporations are urged to be prosecuted before the ICC for ecocide. This research is normative legal research. It is intended to outline the current rise of demand for the ICC to prosecute cases of ecocide, whilst challenging the existing jurisdiction of the ICC based on the Rome Statute. This paper will discuss whether the ICC have jurisdiction to adjudicate ecocide, expanding the Court’s jurisdiction to prosecute corporations, and crimes conducted in and/or by citizens of States that are not members of the Rome Statute, such as Indonesia. This paper concludes with constructive recommendations for businesses to start re-evaluating their business plans to put environment and human rights awareness into priority concern.

Les instruments juridiques nationaux, régionaux et internationaux applicables au Burundi, en République démocratique du Congo et au Rwanda en matière de lutte contre l’exploitation des ressources naturelles : un cadre clair, adapté et harmonisé?

This paper analyzes the legal framework applicable in the Democratic Republic of Congo, Rwanda and Burundi in the area of fighting against the illegal natural resources exploitation. The study consists first of all in the analysis of international legal instruments relating to the exploitation of natural resources. The principle of the permanent sovereignty of States over natural resources is recognized in international law. Other texts governing the exploitation of natural resources have also been adopted. But often of them do not have binding legal value. The analysis then focuses on the analysis of legal instruments at the regional level. The Protocol on the fight against the illegal exploitation of natural resources adopted by the Member States of the International Conference on the Great Lakes Region is clear. Once effectively implemented, it would make it possible to effectively fight against illegal natural resources exploitation. Finally, we analyzed the state of play of the harmonization of the legislation of the three countries in relation to the fight against the illegal exploitation of natural resources. This harmonization is absent although there are legal instruments that could serve as its legal basis. This lack of harmonization negatively affect the fight against illegal natural resources exploitation.

The Different Initiatives on Due Diligence for Responsible Mineral Supply Chains from Conflict-Affected and High-Risk Areas: Are there More Effective Alternatives?

Minerals from conflict-affected and high-risk areas such as coltan, present in all the technological devices that we use on a daily basis, contribute to the exacerbation and escalation of armed conflicts, as well as to prolonging situations of human rights violations in numerous regions of the world and, specially, in Africa. To put an end to this problem, many states and international organizations, such as the United States, the Organization for Cooperation and Development in Europe or the European Union, have adopted different initiatives, all of them focused on the due diligence that agents that participate in the supply chain of all this series of conflict minerals must carry out. However, the fact that some of these initiatives are not even in force has not prevented the possibility of identifying limits that obstruct the achievement of its main objective: to break the link between the illegal exploitation of natural resources, the illicit trade of these resources, and the perpetuation of armed conflicts. In this way, it is worth asking if there are more effective viable alternatives to the existing initiatives, such as a certification system similar to the Kimberley Process Certification Scheme.

Problematic issues of criminal prosecution for the illegal extraction of mineral resources

Purpose. To research the criminalization of offences against illegal extraction of minerals of strategic importance; it is of equal importance for legislative and law enforcement activities, development and implementation of economic programs, and the strengthening of the government and local authorities. Methodology. The research focuses on identifying vulnerabilities of prosecution for illegal mining by means of studying and analyzing the legal framework of Ukraine, theoretical foundation in relevant fields, analysis of judicial practice of bringing persons to justice under Art. 240, Paragraph 2 of the Criminal Code of Ukraine. Systems of special approaches and methods, namely the formal-logical, logical-normative, method of system analysis facilitated investigation of the declared subject. Findings. Certain problems are revealed which occur during the formation of penal prohibition of the studied criminal practices at the legislative level, including the inconsistency of criminalization of illicit mining with the severity of negative legal consequences. Originality. The article analyzes the problematic issues of prosecution for illegal extraction of minerals under Article 240, Paragraph 2 of the Criminal Code of Ukraine Violation of the established rules for the use of subsoil, if it has created a threat to life, health or the environment, as well as illegal extraction of minerals of public importance. Proposals are substantiated aimed at enhancing the current criminal legislation and its implementation by law enforcement agencies of Ukraine in dealing with illegal exploitation of natural resources of national importance. Practical value. The work studied the norms of legal liability for illicit subsurface use, and judicial practice of law enforcement of the specified norms. The authors maintain that the legal provisions of criminal legislation which provides for liability for this act mentioned, should be significantly improved in terms of clear defining of the disposition and broadening and strengthening of the sanction on Article 240, Paragraph 2 of the Criminal Code of Ukraine. The expediency is confirmed to expand the category of perpetrators under this article considering the involvement of a wide range of people both directly in the process of illegal mining, and further transportation and sale.

Who Is Targeted by the Council’s Sanctions? The UN Security Council and the Principle of Proportionality

Abstract The current article aims to assess proportionality within the context of the Security Council’s practice, focusing specifically on how the Council balances various interests in the design of sanctions regimes adopted pursuant to Article 41 of the UN Charter. It argues that proportionality in this context plays a role in the Security Council’s targeting decisions on the one hand and in the determination of whose interests are affected by the sanctions on the other. This implies that the Security Council should distinguish, first, between those who should be subjected to sanctions (the targets) and those would should be shielded (third parties) and, second, that it carefully delineates the targets of the sanctions. This article assesses this balancing exercise within the context of the Council’s measures to curb the illegal exploitation of natural resources financing armed conflict on the one hand and with respect to countering the proliferation of nuclear weapons on the other.

Anthropogenic Disturbances Eroding the Genetic Diversity of a Threatened Palm Tree: A Multiscale Approach.

Habitat loss and the illegal exploitation of natural resources are among the main drivers of species extinction around the world. These disturbances act at different scales, once changes in the landscape composition and configuration operate at large scales and exploitation of natural resources at local scales. Evidence suggests that both scales are capable of triggering genetic erosion in the remaining populations. However, most of the studies so far did not evaluate simultaneously the effects of these disturbances on genetic diversity and structure of plants. In this study, we used a multiple scale approach to empirically evaluate the impacts caused by local and landscape scale disturbances in the genetic diversity and structure of an endangered palm tree, Euterpe edulis. We sampled and genotyped with microsatellite markers 544 juveniles of E. edulis in 17 fragments of Atlantic Forest in Brazil. In addition, we estimated the local logging rate and the forest cover and isolation at landscape scale. We found that the palm populations have not undergone any recent bottleneck events and that only logging intensification had affected the fixation index and the number of private alleles. Additionally, we did not detect any evidence of spatial genetic structure or genetic divergence associated with environmental disturbance variables at different scales. However, we identified distinct genetic clusters, which may indicate a reduction of gene flow between fragments that were previously a continuous habitat. Our results show that local disturbances, which act directly on population size reduction, such as logging, modified the genetic diversity more rapidly, whereas genetic structure is probably more influenced by large-scale modifications. In this way, to maximize the conservation efforts of economically exploited species, we recommend to increase the inspection to reduce the illegal exploitation, and reforestation of degraded areas, in order to increase the gene flow in Atlantic Forest fragments.

Influence of ecological protection on the corporate image of oil and gas firms in Nigeria

Oil and gas firms in Nigeria are generally perceived to be weak in their environmental and ecological initiatives towards their host communities. Yet there has been a dearth of empirical emphasis from research that shows evidences about the role of ecological protection on the corporate image of oil and gas firms. Therefore, this study focused on examining the influence of a commitment to ecological protection on the corporate image of oil and gas firms in Nigeria. The study adopted the mixed methods approach where quantitative and qualitative methods (survey and interview) were used. For the quantitative research, copies of structured questionnaire were distributed to 350 employees of the selected firms, while 30 respondents from other stakeholder groups were interviewed for the qualitative research. Based on the results of the regression and thematic analyses, findings show that the firms’ commitment to ecological protection through their policy to avoid the use of materials from the illegal exploitation of natural resources, commitment to waste minimisation and recycling and pollution leads to increased investors’ confidence, strengthened relationship with the government, host community and reduced pressure from third parties. Therefore, it is recommended that oil and gas firms intensify efforts in activities that ensure ecological protection of host communities and thus build stakeholders confidence in the firms’ corporate image.

Ignorantia Facti Excusat? The Viability of Due Diligence As a Model to Establish International Criminal Accountability for Corporate Actors Purchasing Natural Resources from Conflict Zones

Corporations purchasing natural resources from conflict regions indirectly contribute to perpetuating often devastating armed conflicts. As a result, calls to hold these corporations accountable for their contribution to the financing of bloody armed conflicts have grown louder in recent years. The current contribution aims to assess the potential of the Rome Statute framework to address corporate involvement in the illegal exploitation of natural resources, focusing specifically on the role of corporate actors in purchasing natural resources from conflict regions. For this purpose, the contribution focuses on the war crime of pillage. It identifies opportunities, constraints and challenges offered by the war crime of pillage. The most important challenge that the current contribution identifies is the issue of mens rea for corporate actors. In search for solutions, the contribution assesses to what extent the investigative duty that is inherent in the due diligence standard could help to determine knowledge for the purpose of international criminal law.

El daño ambiental en los crímenes del Estatuto de Roma y el impacto real del Policy Paper on Case Selection and Prioritisation

La Fiscalía de la Corte Penal Internacional afirmó, en un comunicado de septiembre de 2016, titulado Policy Paper on Case Selection and Prioritisation, que su gabinete priorizará la persecución penal de crímenes cometidos por medio de, o que resulten en, inter la destrucción ambiental, la explotación ilegal de recursos naturales o la expropiación ilegal de tierras. Este comunicado fue entendido por algunos como un cambio de enfoque del Tribunal Que se convertiría en juzgado de crímenes ambientales. Este trabajo evalúa el impacto real de dicho comunicado, considerando el contexto en el que se publicó. Además, se analizará si El Tribunal puede procesar y juzgar crímenes ambientales, dentro del marco legal existente. Por útimo, se examinarán los cuatro crímenes del Estatuto de Roma, con el fin de establecer cómo la práctica de estos crímenes puede implicar daños al medio ambiente.

Beyond Symbolism

In September 2016, the International Criminal Court (ICC) Prosecutor issued a new policy paper detailing the Office of the Prosecutor’s (OTP) priorities for case selection and prioritization, including giving a ‘particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land’. This new commitment of the OTP in fighting environmental devastation has been received enthusiastically by civil society and alleged victims. Indeed, few would disagree that protecting the environment against harmful conduct and conserving the world’s natural resources are some of the most compelling challenges faced by the international community. Further, the negative impact of environmental destruction on human rights and peace and security is a matter of concern for many international institutions, including the Security Council. This article considers the merits and limits of prosecuting environmental destruction before the ICC. It contends that the significance and practical implications of the OTP’s green shift ought to be appreciated against the constraints posed by existing criminal provisions (which have already received attention in the literature) and, more significantly, factual and structural challenges that have been more peripheral in the academic debate. Accordingly, the article suggests possible ways to overcome some of these obstacles. The article concludes by reflecting on the necessity to strike a balance between the OTP’s commendable policy shift, victims’ and environmental activists’ expectations, and the ICC’s possible contribution to ‘environmental justice’.

An Analysis of the ICC Office of the Prosecutor’s Policy Paper on Case Selection and Prioritization from the Perspective of Business and Human Rights

In September 2016, the Office of the Prosecutor of the International Criminal Court issued a Policy Paper on Case Selection and Prioritization in which it indicated that the Office will now ‘give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in … the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land’. Given that these criminal actions often involve corporate actors, the policy paper has raised expectations among those campaigning for increased scrutiny of the human rights impacts of business activity. The article evaluates the significance of the policy paper for the field of business and human rights. It does so by pointing to the current deficiencies of both international criminal law and international human rights law regarding business accountability, and by assessing whether, and if so how, the new policy paper can tackle those deficiencies. It also explores other areas of business activity the policy paper could have covered but did not. It concludes that, despite its limitations, the policy paper holds considerable potential from a business and human rights perspective.

East African coastal forest under pressure

The Arabuko Sokoke dryland coastal forest along the East African coastline provides a unique habitat for many endangered endemic animal and plant species. High demographic pressure with subsequent land-splitting, soil depletion in combination with erratic rainfalls and the collapse of the tourism industry are negatively affecting food security and human livelihood quality in this region. Food crops were originally produced by subsistence farming, but have now to be purchased at local- and super-markets, constituting a major financial burden for the local people. In consequence, overexploitation of natural resources from Arabuko Sokoke forest (illegal logging, charcoal burning, poaching of wild animals) increased during the past years. In this commentary we document ecosystem heterogeneity leading to high species richness. We discuss direct and indirect drivers of habitat degradation of the Arabuko Sokoke forest, and critically reflect current and future solutions. Key drivers of habitat destruction and biodiversity loss are (i) illegal timber logging and removal of woody biomass, (ii) poaching of bush-meat, (iii) exceeding of the carrying capacity by the local elephant population, restricted to Arabuko Sokoke by an electric fence, and (iv) weak governance structures and institutional confusion exacerbating illegal exploitation of natural resources. Potential solutions might be: Provisioning of additional income sources; reforestation of the surrounding areas in the framework of REDD+ activities to create a buffer around the remaining primary forest; improving governance structures that formulates clear guidelines on future usage and protection of natural resources within the Arabuko Sokoke forest; and family planning to counteract human demographic pressure and the exploitation of natural resources.

Möglichkeiten und Grenzen des Völkerstrafrechts als Instrument gegen die illegale Ausbeutung von natürlichen Ressourcen und Landraub

In September 2016, the Chief Prosecutor of the International Criminal Court (ICC) in The Hague announced that her Office intends to pay particular attention to prosecuting »crimes that are committed by means of, or that result in, inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land.« Some reacted enthusiastically to this announcement while others criticised that the Chief Prosecutor would give the ICC a new pretext for exclusively dealing with the Global South. What should we make of this controversy and what implications might the announcement of the Prosecutor have for the role of international law in transitional justice more broadly? The author analyses the Prosecutor’s Policy Paper on Case Selection. She does so in light of recent research results suggesting that violations of economic, social and cultural human rights can overlap with the definitions of existing international crimes.

ARMY AND SOCIETY IN AFRICA: HISTORY AND MODERNITY

The subject of the study are civilmilitary relations in African countries. A view on the issues of these relations in the colonial period, in the postcolonial period, as well as at the present stage is presented, beginning with the formation of the “Force publique” until the formation of a modern army structure – the Armed Forces of the Democratic Republic of Congo. The focus put is on armed conflicts in the Democratic Republic of Congo, the problems of army building and reformation process, participation in military actions of various social groups, including child soldiers and women. The issues of their social adaptation are reviewed. The problem of observance of human rights is analyzed. Facts from documents of non-governmental organizations on violations of human rights among servicemen are cited – the use of torture and sexual violence against civilians, which, as a result, provokes a mass exodus of people from conflict areas. Among the main violators of human rights are representatives of law enforcement forces and, first of all, regular army servicemen, including high-ranking officers. The impunity of crimes gives fertile ground for the emergence of new flash points of conflict, which entail humanitarian catastrophes and victims. It is reported that one of the key reasons for the critical situation in the legal sphere is the involvement of the military in the illegal exploitation of natural resources. The methods of empirical political science made it possible to identify the reasons for the collision between the army and society, to determine the scopes of their further interaction within the framework of the contradictory political process in the DRC. The author concludes that the interaction of the army and society is an unreliable model and is largely conditioned by the military-political situation in the country. Most African countries are classified as so-called “failed states” – failed countries, where from the moment of independence until now, armed conflicts that hinder the development of democratic foundations do not stop. As a rule, in most African countries the national army, if it exists, is unable to independently perform the functions assigned to it, first of all, the reliable defense of state borders. In the situation of incessant local conflict, we often have to speak more about the collisions of the army and the civil society, rather than about their interaction.

5. Armed Conflict and the Environment

The following are the important developments that have taken place during the year 2016. The ILC continued its work on the topic ‘protection of the environment in relation to armed conflict.’ Special Rapporteur Marie G. Jacobsson submitted her third report on 3 June. This report identifies the rules relevant to the post-conflict phase and also advocates some preventive measures to be taken at the pre-conflict level. Her report contains some draft principles on preventive as well as post-conflict measures, on remnants of war, and on the rights of indigenous peoples. The draft principles, as per the decision of the ILC, have subsequently been referred to the Drafting Committee for further deliberations. The Drafting Committee provisionally adopted these draft principles during its sixty-sixth session and also revised the earlier draft principles (<http://legal.un.org/ilc/guide/8_7.shtml>). The Office of the Prosecutor authored the policy paper on case selection and prioritization in September. The basic purpose of this paper is to provide guidance to the Office of the Prosecutor in the selection and prioritization of cases for the purposes of investigation and prosecution. Aligning with the principle of complementarity, this policy paper underlines that the Office of the Prosecutor will provide assistance to the national government in regard to crimes committed under national laws, such as the illegal exploitation of natural resources, destruction of the environment, and so on. The policy paper stipulates that the destruction of particular environments may be one of the factors determining the existence of particular cruelty (para. 40). The paper also gives specific attention to environmental destruction in determining the impact of the crime (para. 41).

Review on Problems, Prospects and Economic Contribution of Wildlife Management and Ecotourism in Ethiopia

Ethiopia contains one-fourth of Africa’s wildlife and is comprised of 277 terrestrial mammals, 861 birds, 201 reptiles, 65 species of amphibians, 150 freshwater fish, and over 1,225 arthropods with a high rate of endemism, but It’s Wildlife populations and their management are constrained by different factors. Habitat destruction, fragmentation, poaching, and lack of clear national and international policies, lack of commitment from government officials, scarcity of funds, expansion of large scale agriculture, illegal exploitation of natural resources, and lack of skilled staff are the main ones. In addition to these, Ethiopia’s Ecotourism potential is huge and unmatched but the sector is in its infancy stage due to lacks of effective and sound institutional framework and legal bases for ecotourism development in related to the less emphasis and recognition given to ecotourism and also lack of cohesiveness, integrity and cooperation among the stakeholder. Most of the national parks and protected areas of the country are under pressure from the surrounding communities in search of cultivable land, grazing land, or wood for different purposes. These seminar papers give a highlight, not only on the problems of wildlife management and ecotourism in Ethiopia, but also the economic contribution and prospects of wildlife management and ecotourism in Ethiopia. It also give an over view on ecology, ecosystem and biodiversity in the area.

Violent state operations at Chiadzwa (Zimbabwe) diamond fields 2006-2009

Purpose – The purpose of this paper is to investigate the debilitating socio-economic impact caused by the diamonds at Chiadzwa area in Zimbabwe on the illegal mining community that emerged and inhabited the hills of Chiadzwa between 2006 and the beginning of 2009. The research was carried out for academic proposes, as an advocacy strategy to expose the abuses and violent state operations perpetrated by the security forces. In addition, it intends to equip policy makers and implementers about the heavy handedness of Zimbabwe's security sector during its operations in the area in an effort to enable policy implementers to defend the rights of the affected people at Chiadzwa. Design/methodology/approach – The methodology engaged was chiefly qualitative and the study was a product of primary sources (especially in-depth interviews) and secondary sources (text books, journal articles, newspapers and the internet). Purposive and snowballing sampling techniques were used to collect the data between 2007 and 2009. Collected data were analysed and compiled between 2009 and 2013. Some of the names used in this study for our respondents are pseudo and this was done to ensure anonymity and secure the providers of information against possible retribution. On the other hand real names were used in particular where violent state driven operations were discussed. Findings – Initially the government of Zimbabwe was reluctant to intervene in the illegal extraction of diamonds in search of political leverage. Later it responded with violent manipulative strategies and operations with detrimental consequences on the illegal miners. The brutal strategies employed by individuals and the state led to injury, illness and death of people amid a harsh socio-economic environment. Research limitations/implications – A number of respondents preferred to use pseudonyms because they feared that information collected could be used against them. Practical implications – The study is a good example of conflict between the state machinery and its citizens over a natural resource. It reveals excessive use of force by the state which appears to be the norm in other countries where diamonds are dubbed “blood diamonds”. Social implications – In the midst of the diamond-related violence a new and vibrant social identity emerged commonly referred to as magweja. The area experienced challenges especially with regards to the provision of health services and the traditional use of herbs was endangered by the destruction of vegetation. Originality/value – It reveals a milieu, state regulation enforcement and security agents, magombiro (armed robbers or murderers) all who discharged violence on magweja the foremost victims of the violent systems and practices. In addition, it encourages policy markers and implementers to devise non-violent strategies when dealing with illegal exploitation of natural resources.

Revitalizing the Antique War Crime of Pillage: The Potential and Pitfalls of Using International Criminal Law to Address Illegal Resource Exploitation during Armed Conflict

This article explores the potential of international criminal law in addressing the problem of illegal exploitation of natural resources in conflict areas, with a specific focus on the war crime of pillage and the prospective role of the International Criminal Court (ICC). It discusses whether the war crime of pillage can adequately capture the phenomenon of illegal exploitation of natural resources during armed conflict, or whether alternative tools or crime definitions might be more useful to address this negative phenomenon. The article examines the practice of international courts in relation to pillage charges and explores their role in prosecuting the illegal exploitation of natural resources. It concludes with some thoughts on whether the revival of the crime of pillage should be perceived as the panacea to the problem of “resource conflicts” or whether it is rather an empty shell.

Transnational Actors and the Conflict in the Great Lakes Region of Africa

The conflicts within the Great Lakes Region of Africa represent some of the classical cases of external influences within an internal conflict, thus leading to an externalization of what, once, was referred to as internal phenomena, civil wars. Some of the ways of externalizing a conflict is through economic networks and forced migrations. The present research explores the functionalities of transnational economic networks in relations to the illegal exploitation of natural resources and their impact on the ongoing conflict in the Great Lakes Region, and the presence and movement of refugees and their implications on regional peace and stability. Analyzing the role played by refugees in the actual political configuration and the security dynamics within the region.