The Nepalese Army: From counterinsurgency to peacekeeping?

Can peacekeeping participation help reform military institutions in democratizing states? Drawing on evidence from Nepal – one of the world's largest troop contributors to UN peacekeeping operations – this essay illustrates that participation in peace missions can sometimes undermine security sector reform and deteriorate civil–military relations. Furthermore, this analysis shows that peacekeeping participation will not necessarily reorient troops away from their conventional internal roles (such as counterinsurgency) or improve civilian control over the armed forces. Hence, civilians can lose control over soldiers just as frequently when they are deployed overseas as when they are at home.     

Private security contractors and international humanitarian law—a skirmish for recognition in international armed conflicts

In recent international armed conflicts private security contractors (PSCs) have played an ever increasing role and military advisors and tribunals are facing the dilemma of assessing the primary and secondary status of PSCs under international humanitarian law. In this article the misconception that PSCs are necessarily mercenaries will be dispelled. The possibility that PSCs might be categorised as combatants or civilians will then be explored. The conclusion is that where they are incorporated into the armed forces of a state, PSCs might attain combatant status. However, given that states are reluctant to formally incorporate PSCs into their armed forces, they will most likely remain essentially civilian. Their degree of participation in hostilities will determine whether they retain their immunity under international humanitarian law from attack and prosecution (as civilians) or whether they are rendered unlawful belligerents.     

PARLIAMENT AND DEFENCE OVERSIGHT

Abstract

A tremendous amount of important work has been done recently on operationalising the protection of civilians as a military task. The bulk of the discussion has focused on how militaries should respond to direct attacks on civilians. This is an important issue, but thinking about civilian protection should also include a serious examination of the ways in which the approach of military organisations to the problem of ‘spoiler’ groups can affect the level and dynamics of attacks on civilians – importantly, where armed groups are interested in violent control of civilian populations, attempts to ‘dislodge’ them from areas of control may substantially increase the level of violence against civilians (beyond the dangers to be expected from being near areas where active fighting is taking place). In 2009, the United Nations mission in the Democratic Republic of Congo (MONUC) supported the Congolese military in operations to dismantle the Hutu-dominated FDLR (Forces Démocratiques de Libération du Rwanda, Democratic Forces for the Liberation of Rwanda) militia group, at massive human cost. Critics have primarily focused on MONUC's failure to protect civilians from direct attack, consonant with the general discourse on tactics for civilian protection. These criticisms are valid, but in this paper I argue that two crucial additional considerations should be kept in mind: the way that military operations can affect violence against civilians, and the way that moralising the approach to armed groups, even those which have committed serious abuses, can limit military and political options – potentially in ways that increase civilian risk in the name of protecting them.     

British operations among the people and civilian risk

ABSTRACT

Debates on military intervention and small wars often include the claim that soldiers should operate among civilians in order to avoid civilian casualties and to protect civilians against third-party violence. This article, by contrast, points at negative unintended consequences of military operations taking place in close proximity to local populations: it argues that also risk-tolerant militaries cause civilian casualties and that their presence triggers third-party violence against civilians. The British military, in particular the British Army, exported risk-tolerant practices from Northern Ireland to the Balkans, with sporadic success. But in southern Iraq and in Helmand, British ground operations harmed civilians. The findings suggest that the chances for protection are better in operations where levels of violence are relatively low than in counterinsurgency where troops face ruthless and well-endowed enemies operating among civilians.     

Combining restorative justice and social justice: Prospects of child soldiering transitional justice

ABSTRACT

The most critical challenges faced by war-affected communities where children have allegedly perpetrated atrocities include: finding transitional justice practices that address the needs of former belligerent children and those of victims and their communities; and helping to reintegrate child soldiers into society and avoid returning to hostilities. This paper demonstrates that these challenges can be overcome by taking a holistic approach to child soldiering transitional justice, which assimilates restorative justice and social justice. Such an approach simultaneously addresses child soldiers’ criminal accountability and pursues their psychosocial wellbeing. The findings are based on a selective scholarship supported by fieldwork that was conducted in the Democratic Republic of Congo between May and December 2014 in North Kivu province. Data was gathered through semi-structured interviews, focus group discussions and survey questionnaires based on a randomised sample of 282 participants. These included self-demobilised child soldiers, members of war-affected communities, students/learners, educators, local traditional leaders, government officials, child protection lawyers and members of non-governmental organisations.     

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.     

US warfare in Somalia and the trade-off between casualty-aversion and civilian protection

This article examines the ways in which the two normative concerns of casualty-aversion and civilian protection influenced US military strategy in the particular context of the asymmetric conflict in Somalia in the early 1990s. The article critically evaluates US military operations through the prism of international humanitarian law and examines whether American forces started prioritizing casualty-aversion over the safeguarding of Somali civilians. Finally, by drawing on emerging moral guidelines (such as Michael Walzer's idea of ‘due care’), the article examines whether lower numbers of Somali civilian deaths could have been achieved if marginal increases to the risks faced by US soldiers had been accepted.     

The Harmful and Residual Effects on Civilians by Bombing Dual-purpose Facilities

This article addresses what we owe to the civilians of a state with which we are militarily engaged. The old notion of noncombatant immunity needs to be rethought within the context of both human rights and into the postwar phase. No doubt, civilians will be killed in war. However, much more can be done during and after the fighting to protect civilians’ basic human rights from the ills of war. I argue for making belligerents accountable ex post by requiring them to repair destroyed dual-purpose facilities that are essential for securing basic human rights of the civilian populace. I argue also that a belligerent’s targeting decisions should be reviewed ex post by an impartial commission.     

Civilian protection in Africa: How the protection of civilians is being militarized by African policymakers and diplomats

This article explores how the protection of civilians is being militarized by African policymakers and diplomats. I draw on practice approaches to analyze what social groups are doing when they claim to “protect civilians.” I show how innovative protection mechanisms can be seen as a function of officials and diplomats coping with the changing circumstances of increasingly militarized politics in Africa. Specifically, accountability mechanisms for unintended and intended civilian harm by African security operations have originated in connection with this development. I argue that these are results of anchoring practices, which means that everyday informal interactions in one context become linked to another context. I argue that these emerging accountability mechanisms represent a new combination of practices, with the potential of changing the routine activities and mutual learning between policymakers and diplomats.     

Civil–military relations and organisational preferences regarding the use of the military in Chinese foreign policy: insights from the debate on MOOTW

ABSTRACT

This article analyses the positions of the Chinese civilian leaders and military elites on Military Operations Other Than War in order to shed light on their preferences about the use of the armed forces in foreign policy between the late 1990s and the early 2010s. Over time, a significant divergence developed between civilians and soldiers until 2011, when the Libyan crisis happened. The study also prompts important considerations about our understanding of civil–military relations in China and future role of the People’s Liberation Army as a tool of statecraft in foreign policy.     

Soldiering the terrain of war: Zimbabwean soldiers in the Democratic Republic of the Congo (1998–2002)

The paper reveals how Zimbabwean soldiers who fought in the Democratic Republic of the Congo (1998–2002) were challenged by the terrain of war. While soldiers are trained to live and fight in dreadful wars, I argue that immersing oneself in the war terrain is neither mathematical nor calculative; rather, war tactics to be employed are defined by the context in which soldiers operate in. When soldiers reflect on and about the war, they unconsciously produce accounts that are often not completely heroic, but a life lived in fear as well an issue that they had never anticipated when they set out to war. A main finding of this study is that while these soldiers were deployed to fight against the rebels, they find difficulties in locating physical features from map reading to the ground, distinguishing the enemy from civilian people and deployed for days without eating a proper meal as well as seeing their fellow soldiers dying in the context of war. The paper provides a vantage point in which we can also understand that trained soldiers do not exert total power over war terrains, they are sometimes challenged by the war situation itself.     

Zones of Control & Civilian Strategy in the Aceh Conflict

How do civilians respond to and shape civil war? Dominant approaches emphasise territorial control, while rival sociological explanations understand civilian behaviour as rooted in justice, pleasure, and social norms. This paper assesses these divergent sensibilities by examining rebel-controlled areas from Aceh, Indonesia. Many civilians provided the rebels with symbolic support, information and provisions, support that deepened over time as the rebels established control. By disaggregating ‘civilians’ into social groups, a more complex story appears. Only some civilian groups supported the dominant armed group, suggesting that control and sociological approaches can be complementary in explaining civilian behaviour.     

‘Blackmailing the army’ – ‘Strategic Military Refusal’ as policy and doctrine enforcement: the formation of a new security agent

The study shows how ‘strategic military refusal’ in Israel developed as a rational and institutional means to influence security policies. As opposed to the perspective that sees military refusal as a spontaneous individual act, the study illustrates how organizations operate to distribute military refusal in order to pressure decision-makers to change their military policies. This strategy has proven to be effective when the military is involved with groups that threaten it with refusal – which threatens the military's operational ability and its official and apolitical image. These include soldiers whose civilian authorities, rather than their military commanders, are perceived as an epistemic authority regarding security issues. The case study refers to the impact of strategic military refusal in Israel on security policies and the military doctrine. This was influenced by leftist groups, which, although they belonged to the parliamentary opposition, had dominant presence in the military ranks. Furthermore, the study examines the effect of the use of strategic military refusal on the model of military recruitment.     

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.     

Great-power Responsibility,Side-effect Harms and American Drone Strikes in Pakistan

In International Relations (IR), the actions of great powers are usually assessed through their direct effects. Great powers are generally considered to be responsible for the consequences of their actions if they intentionally caused them. Although there is discussion on “double-effects” and “side-effect harms” in the realms of philosophy and political sociology, these largely remain absent from the field of IR. This article bridges that gap by clarifying a set of yardsticks through which side-effect harms of great powers’ actions can be evaluated, including “capacity”, “historical precedent”, “voluntarism” and “unintentional causality”. These yardsticks are deduced through the Theory of Special Responsibilities, which combines elements of Constructivism and the English School. The theoretical framework presented is then applied to the case of American drone strikes in the Federally Administered Tribal Areas (FATA) of Pakistan. A number of terrorists in FATA have relocated elsewhere within Pakistan to escape these strikes, subsequently harming individuals in new locations. The article asks: who bears responsibility for the harm brought to civilians by these dislocated terrorists? Analysis from the perspective of the theoretical framework, constructed and applied here, suggests that even if the US may claim not to have directly intended such an outcome, it still shares some responsibility for the harm to innocent civilians.     

An Exploratory Study of the Decision to Refrain from Killing in the Accounts of Military and Police Personnel

Although previous studies have examined killing as an outcome-oriented measure, few have explored non-killing as a socially organized process. Using letters written by soldiers, police officers, and security professionals found in the magazine Soldier of Fortune, this study examines cases in which they refrain from killing their opponents. Our results indicate that refrained killings by these actors are socially organized in ways that are shaped by situational, environmental, technological, administrative, and moral factors. In addition, it was found that when police officers and soldiers realized the humanity of their opponents, they employed alternative methods to subdue or control without using lethal force, despite situational and legal justifications for doing so. Implications for the sociology, psychology, and ethics of killing – or not killing – are discussed.     

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’?     

When the military became militarised: Accounts of Zimbabwean National Army deserters in exile in South Africa

In post-colonial Africa, the military has been central to sustaining freedom. However, the current political trends in Zimbabwe represent a different phenomenon, with the army perpetrating violence against its own citizens. For many years, the concept of ‘militarisation’ has been used to define social and political practices outside the military. Scholars have deployed the concept of militarisation as a category of analysis and practice. In doing so, scholarly writing portrays the military as an instrument of militarisation. So, who militarises the military? While scholars use the concept of militarisation to analyse other state institutions, the central argument of this paper is that the concept of militarisation has been deployed inappropriately and narrowly by scholars to refer to the appointment of military personnel in state institutions. I argue that in the Zimbabwean post-2000 political crisis, what has in fact been militarised is the military itself as an institution – through the command and control of soldiers against their moral will – and this phenomenon is exemplified by the growing involvement of the military in the perpetration of political violence against the civilian population in Zimbabwe. This paper draws on the experiences of 44 Zimbabwe army deserters.     

Civil–Military Relations in India: The China Crisis and After

The pattern of civil–military interaction in India is informed by the notion that civilians should refrain from involvement in operational matters. The emergence of this trend can be traced back to the defeat against China in 1962. In its aftermath, the belief that the debacle occurred because of civilian interference took hold. Thereafter, politicians restricted themselves to giving overall directives, leaving operational matters to the military. The Indian ‘victory’ in the subsequent war with Pakistan was seen as vindicating this arrangement. This essay argues that the conventional reading of the China crisis is at best misleading and at worst erroneous. Further, it contends that the subsequent war with Pakistan actually underscores the problems of civilian non-involvement in operational issues. The historical narrative underpinning the norm of civilian abstention is at the very least dubious.     

ADVANCING THE GOALS OF NPT ARTICLE VI

International technical cooperation on issues relevant to the challenges of nuclear disarmament can demonstrate commitment to obligations under Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons, strengthen the security of fissile materials and weapons, and develop technical approaches to support more ambitious disarmament activities in the future. Including non-nuclear weapon states would ensure that their views are taken into account and would invest them in developing solutions to key challenges. This article discusses three areas for technical cooperation that would build on past activities and that could produce such benefits as improved protection, control, and accounting of nuclear weapons and fissile material; enhanced transparency for nuclear weapon complexes; and mechanisms for international management of sensitive civilian nuclear facilities. International cooperation in each of these areas could provide a technical basis for pursuing possible future disarmament negotiations and substantively demonstrate commitment to Article VI.