The Kimberley Process Certification Scheme was born out of international security concerns triggered by rebel groups that were using the proceeds of rough diamonds to fund conflict. Rebel groups used rough diamonds, acquired through gross human rights abuses, to fund conflicts aimed at overthrowing legitimate governments. The situation was particularly calamitous and ruinous in Angola, Sierra Leone, Liberia and the Democratic Republic of the Congo. In response to this situation a unique coalition of governments, civil society groups and stakeholders in the diamond industry, came together with the support of the United Nations and established a scheme to separate illicitly acquired diamonds from legally traded diamonds. The historical situation at the time allowed the KPCS to define conflict diamonds as "rough diamonds used by rebel movements or their allies to finance conflict aimed at undermining legitimate governments". However, the exploitation of Marange diamonds in Zimbabwe shows that the use of the proceeds of so-called conflict in diamonds is not limited to rebel movements aiming to wield power but such conflict can be political, economic and military in nature. In Zimbabwe, there was a link between human rights abuses and the ZANU PF led government. ZANU PF financed terror using Marange diamonds. There was international dissatisfaction with the way the KPCS scheme certified Marange diamonds. The USA maintained sanctions on Zimbabwe and Global Witness withdrew from the scheme in protest over the refusal of the scheme to evolve. On the other hand, some participant countries applauded the scheme for its work in certifying Marange diamonds. This study evaluates the efficacy of the scheme in curbing conflict diamonds brought into legal trade by legitimate governments. The study concludes that there is need for reform in the KPCS to successfully separate conflict diamonds from clean diamonds in the face of changing forms of conflict. In meeting its objective, the KPCS applies an exclusion mechanism where participants of the scheme do not trade with non-participants. The World Trade Organisation (WTO) rules prohibit discrimination amongst participants and the KPCS clearly violated this rule. Scholars have debated human rights exceptions in the General Agreement on Tariffs and Trade (GATT). There is strong legal support for the idea that the KPCS is justified under GATT article XX and XI. The KPCS is presently operating under a waiver granted from by the WTO under article IX (3) and (4). Another challenge the scheme faces is the legal nature of the scheme. Scholars do not agree on whether to classify the scheme as hard law or soft law. There is a need for clarity on the legal nature of the scheme. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014

The Kimberley Process Certification Scheme was born out of international security concerns triggered by rebel groups that were using the proceeds of rough diamonds to fund conflict. Rebel groups used rough diamonds, acquired through gross human rights abuses, to fund conflicts aimed at overthrowing legitimate governments. The situation was particularly calamitous and ruinous in Angola, Sierra Leone, Liberia and the Democratic Republic of the Congo. In response to this situation a unique coalition of governments, civil society groups and stakeholders in the diamond industry, came together with the support of the United Nations and established a scheme to separate illicitly acquired diamonds from legally traded diamonds. The historical situation at the time allowed the KPCS to define conflict diamonds as "rough diamonds used by rebel movements or their allies to finance conflict aimed at undermining legitimate governments". However, the exploitation of Marange diamonds in Zimbabwe shows that the use of the proceeds of so-called conflict in diamonds is not limited to rebel movements aiming to wield power but such conflict can be political, economic and military in nature. In Zimbabwe, there was a link between human rights abuses and the ZANU PF led government. ZANU PF financed terror using Marange diamonds. There was international dissatisfaction with the way the KPCS scheme certified Marange diamonds. The USA maintained sanctions on Zimbabwe and Global Witness withdrew from the scheme in protest over the refusal of the scheme to evolve. On the other hand, some participant countries applauded the scheme for its work in certifying Marange diamonds. This study evaluates the efficacy of the scheme in curbing conflict diamonds brought into legal trade by legitimate governments. The study concludes that there is need for reform in the KPCS to successfully separate conflict diamonds from clean diamonds in the face of changing forms of conflict. In meeting its objective, the KPCS applies an exclusion mechanism where participants of the scheme do not trade with non-participants. The World Trade Organisation (WTO) rules prohibit discrimination amongst participants and the KPCS clearly violated this rule. Scholars have debated human rights exceptions in the General Agreement on Tariffs and Trade (GATT). There is strong legal support for the idea that the KPCS is justified under GATT article XX and XI. The KPCS is presently operating under a waiver granted from by the WTO under article IX (3) and (4). Another challenge the scheme faces is the legal nature of the scheme. Scholars do not agree on whether to classify the scheme as hard law or soft law. There is a need for clarity on the legal nature of the scheme. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014

The goal of this master thesis is a complex description of blood diamonds issues and assessment of existing efforts, specific steps and presented ideas, conceptions and strategies on the ground of Kimberley Process, as well as suggestions of possible solutions and future steps of organizations like Global Witness, Partnership Africa Canada, Human Rights Watch and other interested groups fighting against occurence of illicit diamonds. The thesis is divided into 4 chapters. The first chapter describes characteristics and significance of diamonds. The second chapter focuses on organizations agitating against blood diamonds in the world. The third chapter is subsequently designated for definition and features of the term of failed state, which is often highly connected with the blood diamonds issue. The fourth chapter analyses concrete conflicts or illegal activities in Angola, Sierra Leone, Liberia, Democratic Republic of Congo, Côte d'Ivoire, Republic of Congo and Zimbabwe.

Established in 2003, the Kimberley Process (KP) is a binding agreement; backed by the United Nations, that unites civil societies, state actors and the diamond industry to safeguard ‘conflict' diamonds from entering legitimate rough diamond trade around the world. The unique international tripartite organization is voluntary but mandates state participants to abide by the Kimberley Process Certification Scheme (KPCS) minimum requirements in order to stem the financing or wars against legitimate governments. This study represents the first to explore the communications within the KP. The linguistic turn relies on Classical rhetoric theory with an emphasis on Aristotle's three appeals of persuasion (“pisteis”): ethos, logos and pathos of elite actors in the KP. As for the precise nature of the contribution to rhetorical analysis, this project is best characterised as an application of Classical principals of rhetorical analysis, rather than as a development of theory. A comprehensive literature review of the KP and KPCS is another distinctive contribution. Furthermore, this academic endeavour offers a unique method as shown in the observation of a KP Intersessional meeting. Supplementing the qualitative inquiry, semi-structured interviews were conducted with all of the KP groups and included a wide sample of civil society international and national non-government organizations, state actors and industry members otherwise not represented in previous empirical efforts on the subject. The data chapters achieve the primary aim to add to the understanding of the KP. Firstly, the civil societies engage in boycott rhetoric using ethos and negative pathos. As for state actors, the KP Chair exhibits charismatic leadership rhetoric, while ‘recognized' established states use logical reasoning, the ‘outlier' states evoke positive pathos. Lastly, the diamond industry experts appeal to negative emotions, the World Diamond Council to logos, and De Beers to positive emotional appeals. Combined, the rhetoric shows (a) how KP rhētors use different rhetorical strategies; (b) which in turn shape distinct discourses; (c) and contain dissimilar claims; (d) points to different motivations; (e) highlight different identities; (f) reveal key characteristics, and; (g) the nature of relationships within the KP. The organization rhetorical analysis also entails how the multiple KP leaders view the KP and KPCS and change. While the rhetoric helps demonstrate the constraints surrounding the KP and KPCS it also underlines the primary human rights and human security in which they all share. This thesis provides an extended critical view of the rhetoric by connecting Aristotelian pisteis with different conceptions of power outlined by French and Raven (1959) and Lukes (2005/1974). Combined, the rhetoric helps to explain the ways the KP attempts to achieve their specific political and economic goals while also building relationships with their stakeholders. Rhetoric is a worthwhile theory and methodological approach in order to explore organizations. The KP, and other international organizations provide an opportune arena for further rhetorical attention.