In pursuit of accountability during and after war

ABSTRACT

This article aims to identify and elaborate the causes and ramifications of applying transitional justice, in particular accountability measures, to situations of war. It focuses on the correlations between peace and justice – and hence an important perspective on the question ‘how do wars end’. The article seeks to understand some of the main challenges associated with pursuing accountability for crimes committed in contemporary forms of conflict, including civil wars and abuses committed by major powers in armed conflict.     

Intricacies of Engaging Diasporas in Conflict Resolution and Transitional Justice: The Kurdish Diaspora and the Peace Process in Turkey

Abstract

The growing literature on diasporas’ involvement in homeland conflicts shows that diasporas have the power to influence political, social and economic developments in their country of origin and residence. Although this is an emerging field of research, there is still much to discover about the roles that diasporas play in conflict resolution and transitional justice. This article intends to fill this gap by scrutinising the Kurdish Diaspora as a case study. It explores the intricacies of integrating diasporas into conflict resolution by analysing approaches of homeland actors and fragments within diaspora throughout the different stages of the peace processes.     

Police Corruption: Towards a Working Definition

According to the International Committee of the Red Cross (ICRC) publication Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law, all civilians (including child soldiers) lose their immunity from direct targeting ‘for so long as’ their actions amount to direct participation in hostilities. All civilians can, however, access the revolving door of protection and return to their civilian activities – complete with full immunity from direct targeting – provided the nature of their direct participation was spontaneous and disorganised. Once it can be ascertained that their participation in hostilities amounts to continuous combative functions, they relinquish their access to the revolving door of protection, and can be targeted at all times until they abandon their formal or functional membership of the belligerent group. This piece analyses how the revolving door phenomenon and the notion of continuous combative functions apply in instances where civilian child soldiers are directly participating in hostilities.     

REINVENTING PEACE

The use of children in armed conflict has become a symbol of the apparent brutality of warfare in Africa. They have become a powerful tool for child rights advocates, who lobby for the protection of children through the provision of essential services such as health care, education and social services. But taking children and youth out of the broader security debate has turned the issue into a ‘soft’ humanitarian concern that rarely enters into discussions on African politics, militaries and economies. The danger in this lies in the fact that Africa is, demographically speaking, an extraordinarily young continent. The marginalisation of youth from the security debate is paralleled by their absence from political and economic agendas. In war-affected nations in particular, the priority of social sectors plummets while governments attend to the business of the war economy, leaving health and education in the hands of humanitarian agencies. At the same time, children and youth, being the majority, represent manpower for both governments and armed forces. Thousands of children involved in combat in Africa are in fact a symptom of instability deeply exaggerated by demographics.     

Responsibility in Complex Conflicts: An Afghan Case

This paper discusses soldiers’ moral responsibility in today’s complex conflicts. The point of departure is the increased focus on soldiers as moral decision-makers in war, illustrated by the introduction of core values in the Norwegian Armed Forces. Responsibility is one of these core values, but it is not clear exactly how we should understand responsibility. I use a case where a group of Norwegian soldiers in the International Security Assistance Force (ISAF) sought the cooperation of a group of mujahedeen to solve the military mission of establishing security. As confidence between the parties grew, the soldiers became horrified witnesses to a practice of bacha bazi, where a young boy is dressed up for entertainment and sexual abuse. This situation gives reason to question the limits of role responsibility, the status of soldiers’ legitimacy, and the challenges of making morally sound judgments in a multicultural context. The discussion demonstrates that, even if there are restrictions on the soldiers’ freedom to act, a responsibility reaching beyond or extending their role should be recognized as part of the moral reality of modern soldiers.     

论对“网吧”特殊社群之禁止和限制

“网吧”中未成年人群体形成特殊社群，我们应尊重其成员的基本权利．满足其自我实现的要求。当出于公共利益对其成员基本权利进行限制时，应首先排除“社群”利益与公共利益的一致之处，并针对冲突点采取符合比例原则的限制措施．保护“社群”存在的正效应，抑制反效应，避免相对的限制变质为绝对的侵犯。     

ANGOLAN DEADLOCK

Children on the African continent have suffered immensely from the proliferation and misuse of small arms, including death, injury, displacement, separation from families, loss of access to health, humanitarian and educational services, and lack of economic opportunities. Further, over 300,000 children serve as child soldiers, relying on small arms as their tools of war. The international community has worked to establish protections for children for over 50 years, yet children continue to suffer. The recent UN Special Session on Children adopted ‘A world fit for children’, which, in combination with the Programme of Action agreed upon at the July 2001 UN Conference on Small Arms, begins to address a comprehensive approach to eliminating the negative impacts of small arms proliferation on children in conflict.     

DRC UPDATE

This article examines the dilemmas of post-genocide Rwanda, where society finds itself caught between justice and reconciliation. One of the major challenges for Rwandans today is to engender reconciliation in a deeply wounded nation and do justice to both victims and perpetrators. It is difficulty to affirm the victims, punish the perpetrators and at the same time bring about reconciliation between them. Yet there are unequivocal claims, especially from the victims, that there can be no justice without reparation and there can be no reconciliation without justice. To bring about justice and reconciliation, the Gacaca process was put in place, but it has turned out to be a source of fear for the perpetrators, who are desperate to bury the evidence by intimidating the survivors, and for the survivors, who are now living in fear of their lives. Consequently, the rising insecurity of survivors has become a matter of national concern, and the challenges to the Gacaca process are threatening to hamper its progress. But this apparently is the only viable justice system for communities to carry out trials at community level, for it was there that the crime of genocide was committed in a mass-killing frenzy. Truth telling and confessions by perpetrators, and forgiveness by victims have been identified as crucial steps towards reconciliation, but the dilemma lies in the inherent contradictions in the application of these concepts: truth, confession and forgiveness.     

Rethinking Military Virtue Ethics in an Age of Unmanned Weapons

Although most styles of military ethics are hybrids that draw on multiple ethical theories, they are usually based primarily on the model of Aristotelian virtue ethics. Virtue ethics is well-suited for regulating the conduct of soldiers who have to make quick decisions on the battlefield, but its applicability to military personnel is threatened by the growing use of unmanned weapon systems. These weapons disrupt virtue ethics’ institutional and cultural basis by changing what it means to display virtue and transforming the roles soldiers perform and the nature of the military profession itself. I argue that in light of these challenges to virtue ethics, at least as it is traditionally understood within the armed forces, soldiers operating unmanned weapons require a more heavily rule-based approach to military ethics.     

Justice empowered or justice hampered: The International Criminal Court in Darfur

It came as a surprise to many international observers when, on 31 March 2005, the United Nations Security Council passed resolution 1593, which referred the situation in Darfur to the jurisdiction of the International Criminal Court. Some celebrated this event as initiating a new era in which international criminal justice would prevail, but they might have done well to consider the objections immediately raised by the representatives of the Sudanese government, which was not a party to the ICC, a point that created a series of impediments to the implementation of the resolution. For all that the ICC has been charged with investigating crimes against humanity in Darfur, its investigators are being prevented from seeking the evidence on the ground essential to any successful prosecution. The Sudanese government has so far maintained its obstructive position, arguing that it is capable of handling such cases within its own sovereign jurisdiction. The imperative of excluding the ICC from Darfur has contributed to Khartoum's objections to the deployment of a UN force to replace the African Union mission there. In sum: the challenges faced by the ICC in Darfur demonstrate that international criminal justice does not operate in a political vacuum.     

Africa's toy soldiers,non-state armed groups,and ‘voluntary’ recruitment

Armed conflict on the African continent has witnessed increasing recruitment of child soldiers, often at the hands of non-state armed groups. Unfortunately this practice continues unabated in the face of legal obligations prohibiting the recruitment of child soldiers under international humanitarian law, and international and regional human rights law. While international condemnation of the practice has led to attempts to increase the minimum age for recruitment to 18, a disjuncture persists between the legal obligations states sign up to, and the actual enforcement of these prohibitions at a domestic level.

International criminal law jurisprudence emanating from the Special Court for Sierra Leone and the International Criminal Court is being monitored closely, as these courts seek to enforce the prohibition in all armed conflicts, and against both state actors and non-state armed groups. International humanitarian law only protects child soldiers who have been unlawfully recruited. In this piece, the authors take a closer look at what amounts to unlawful recruitment in light of customary international humanitarian law, since this body of law also binds non-state actors, even without further criminalising legislation at a domestic level. Moreover, the article briefly explores whether a child can ever void this protected status by volunteering to participate directly in hostilities.     

Soldiers as victims: behind military barracks in the post-colonial African army

This paper examines the ways in which the military infringes on the social and political rights of soldiers who joined the Zimbabwe National Army in post-independence Zimbabwe. Contrary to the scholarly and policy debates that present Zimbabwean soldiers as the silent prop behind President Robert Mugabe and the perpetrators of political violence, this paper argues that these soldiers have also been victimised in army barracks. The victimhood of soldiers has been explicit in the ways in which they are forced to execute their duties beyond their professional expectations. In substantiating this argument, the paper explores the unethical military training and the ways in which soldiers are disciplined and punished through Chapter 11:02 of the draconian Defence Act. The paper’s contribution stems from a ‘rights’ perspective that emphasises the right to freedom, justice and protection, which is usually quite silent in the military. But the question is how can soldiers’ concerns be translated into new practices without compromising so-called ‘state security’?     

The politics of international chemical weapon justice: The case of Syria, 2011–2017

There has been near-universal condemnation of the use of chemical weapons in the Syrian conflict. The international community has nevertheless struggled to make progress on holding the perpetrators to account. This article reviews developments at the international level in terms of Syrian chemical weapon justice between 2011 and 2017. It argues that there have been substantive disagreements between states on the rationale and means of justice in the Syrian case. It also argues that international initiatives have been tightly intertwined with developments in chemical disarmament and conflict resolution processes as well as the broader war. The article describes progress and challenges to chemical weapon justice in a number of distinct formal international mechanisms during the period studied. The analysis concludes by contextualizing international responses—including the U.S. tomahawk strikes against a Syrian airbase—to the Khan Shaykhun chemical attacks of April 2017.     

Prospects for Closer GCC Military and Political Cooperation

Abstract

‘[Sovereignty] is possible only within the framework of multinational communities, of common institutions designed to provide common responses to common challenges. Security is no longer attainable in the traditional way. Neither the walled city nor the nation-state can provide protection against attack or threats of physical destruction… Increasingly the politics of nations revolve around the careful management of interdependence.’     

Why do they serve? Changes and differences in motives of Danish soldiers deployed to peace-keeping and peace-enforcing missions

This paper investigates what motivates young people to volunteer for peace-keeping or peace-enforcing missions and how their motives change between pre- and post-deployment. Data include information about social and military background, and motives for more than 600 soldiers, 444 of whom answered the survey both before and after deployment. Soldiers are deployed to different missions under the same circumstances. To conceptualize motives among soldiers, we use factor analysis and find three factors: challenge, self-benefit, and fidelity. Challenge represents an occupational orientation; fidelity, an institutional orientation; and self-benefit, a desire for adventure. Exploiting the within-subject design of our data, we find that pre- and post-deployment motives vary significantly according to the type of mission and soldiers’ previous experiences (first-timers or experienced soldiers). Our results suggest that after the mission, peace-keepers are generally more disappointed than peace-enforcers. Our results also show that self-benefit motives are important for younger soldiers with only a high school education, and that this group usually serves as peace-enforcers during their gap year.     

A conceptual framework for the analysis of civil-military relations and intelligence

ABSTRACT

The article argues that current conceptual approaches in civil-military relations are deeply flawed resulting in its irrelevance in analyzing major issues including war and the collapse of democracy. After highlighting major flaws in the work of the late Samuel Huntington and those who follow his approach, the article argues that other conceptual approaches, including Security Sector Reform, are also flawed, or in the case of the “military effectiveness” literature, largely irrelevant. In explaining the main causes of the flawed conceptual literature, the article highlights the absence of good data and challenges in methodology. While arguing that military forces are very unlikely to engage in armed combat, it highlights the roles and missions which in the world today are implanted by these forces. As it is virtually impossible to prove effectiveness of the armed forces in these roles and missions, the article proposes a conceptual approach based on requirements.     

Just and Unjust Memory? The Moral Obligation to Remember All Victims of Wars and Totalitarian Regimes

ABSTRACT

The main purpose of this article is to analyze the philosophical problem of just and unjust memory. There is a general consensus about commemorating fallen soldiers and killed civilians. But, unfortunately, our human memory of such victims is often incomplete. Some victims are remembered, others are not – maybe very few even want to remember the latter. It turns out that in our world, not only wars may be just or unjust, but also the memory of their victims. In this context, a serious problem is the unequal memory of crimes perpetrated by Nazism and Communism in the last century, denying several dozen million victims of the latter totalitarian system their due place in the collective awareness of mankind. Therefore, one of the most important aspects of the ethical analysis of wars and totalitarian regimes should be the moral obligation to commemorate all victims in a just way.     

Pathways from Power-sharing

Abstract

This article focuses on power-sharing’s ‘exit dilemma’. While power-sharing may be a necessary transitional device to manage deep divisions, it also allegedly obstructs the long-term goals of peacebuilding and democratisation in divided societies. Three countervailing perspectives are considered here: (1) power-sharing is a transitional device unable to transition to more ‘normal’ political arrangements, creating instability; (2) power-sharing is a transitional device that can be designed for stability and adaptability; and (3) power-sharing is a lasting institutional fixture that facilitates peace and democratisation. The article presents a typology of pathways from power-sharing, arguing that the exit dilemma is real but not insurmountable.