The Changing Nature of Legitimate Authority in the Just War Tradition

ABSTRACT

The legitimate authority principle has become reduced to the issue of state authority. In its current formulation, the state has the sole authority to wage war, and because non-state actors, by their very definition, cannot satisfy this principle, their use of force is inherently unethical. This does not reflect the reality that non-state actors are increasingly engaging in the use of force, sometimes legitimately. As a result, the legitimate authority principle can and should look beyond the state. This article navigates a terrain in which non-state actors engage in the use of force, and in which revisionist just war thinking proposes that the concept of legitimate authority is irrelevant to thinking about the ethics of war. It proposes a principled approach to the inclusion of some non-state actors under the rubric of legitimate authority. This approach draws upon the historical development of the legitimate authority principle and incorporates the factors important to early writers on the subject.     

Territoriality of radical Islam: comparative analysis of jihadist groups' approach to territory

ABSTRACT

The paper compares political territoriality of selected jihadist violent non-state actors. Looking at selected groups that attempted to control territory (Afghan Taliban, Al-Shabaab, the Islamic State), it attempts to establish a generalization regarding the use of territory by this type of violent non-state actors. To this end, it analyses connection of territory to groups´ security provision, economic activity, and identity. Despite many differences among the groups, it concludes that these groups often utilize both territorial and personal characteristics. Territoriality of these actors is reactive as they are unable to present a sustained control in contested regions.     

Reading the Riot Act: Toward a More Comprehensive Ban on Chemical Weapons

ABSTRACT

The recent use of chemicals in warfare in Syria and Iraq illustrates that, despite the important work of the 1997 Chemical Weapons Convention (CWC), the world has not yet been totally successful in stopping the use of indiscriminate toxic agents in conflicts, either by states or non-state actors. Michael Crowley's excellent and timely new book, Chemical Control, analyzes the use of “riot control agents” (RCAs) and “incapacitating chemical agents” (ICAs), including launch and dispersal systems, by police, paramilitary, and military forces over the last decades and raises the challenging question about where the red line might be drawn between banned and permitted uses of chemicals. He discusses this problem not only in the context of the CWC, which allows use of RCAs for civilian riot control, but also in the context of international law, human rights, and criminal justice, including the Biological and Toxin Weapons Convention and other disarmament and abolition regimes. He proposes a “holistic, three-stage approach” to addressing this issue “for effective regulation or prohibition of the weapon or weapon-related technology of concern.” As we approach the global abolition of a whole class of weapons of mass destruction in the next decade or even sooner, Chemical Control is helpful in better understanding and solving the dilemma of what's actually banned or permitted under international law, and precluding states undermining the chemical weapons ban.     

Chemical-weapon use in Syria: atrocities,attribution, and accountability

ABSTRACT

International efforts to hold the government of President Bashar al-Assad accountable for the use of chemical weapons in the Syrian Civil War have entered a new phase. For the first time, the Organisation for the Prohibition of Chemical Weapons (OPCW), the international organization responsible for implementing the 1993 Chemical Weapons Convention, has been empowered to identify the perpetrators of chemical attacks in Syria. The Investigation and Identification Team (IIT), which was formed to conduct the OPCW’s new attribution mission, has announced its intention to investigate and identify the perpetrators of nine chemical attacks in Syria, including the April 7, 2018, attack in Douma. This article reviews recent efforts to attribute chemical attacks in Syria, describes what we know about the nine incidents to be investigated, summarizes what is known about the Syrian government officials, military commanders, and chemical-warfare scientists suspected of being responsible for these attacks, discusses what to expect during the next phase of the attribution process, and offers insights into how the international community can move beyond attribution to accountability. Accountability is necessary to provide justice for victims and to prevent future incidents by demonstrating that perpetrators of chemical attacks will be identified and punished.     

Competing for Control over the State: The Case of Yemen

Abstract

This article argues that the current conflict in Yemen is better understood as a competition over who controls the state, rather than as a conflict between the state and a non-state actor. It traces the development of the Houthis and shows how the movement managed to seize key government institutions. However, the Houthis lack internal legitimacy and have not been able to position themselves as a nationally relevant political elite. The fragmentation of the Yemeni state has resulted in a shift to more localized struggles over access to resources and power that involve both internal and external actors.     

Between the Cracks: Actor Fragmentation and Local Conflict Systems in the Libyan Civil War

Abstract

After nearly four years of civil war, Libya continues to be described as an ‘ungoverned space’ where the collapse of state institutions reignited tribal, political, religious and ideological tensions. These accounts, however, obscure Libya’s complex subnational governance, and the role of non-state armed groups in shaping the emerging political orders. By contrast, we contend that distinct subnational political orders have emerged in Libya since 2014 in which actors engage in state-making practices driven by local interests. Using empirical evidence to explore the activity of non-state armed groups during the Libyan civil conflict, we highlight that the local conflict environments in eastern, western and southern Libya provide specific incentives that shape the process of armed group splintering and patterns of violence. The findings demonstrate that claims to authority and notions of statehood extend far beyond the state whereby governance relations are negotiated between state and non-state actors. Conflict patterns, (in)stability and the prevailing political order are therefore conditional on the nature of the dominant actor, their strategies and modes of violence within their areas of influence. Through this analysis, the paper provides a more granular understanding of the local political dynamics that drive violence in Libya and civil wars more generally.     

‘What is in a Name?’: The Role of (Different) Identities in the Multiple Proxy Wars in Syria

Abstract

Post-uprisings Middle East politics is frequently described as a ‘regional cold war’ involving proxy warfare that emphasises the role of shared identities linking external and local actors. But does the ‘content’ of identities impact proxy war dynamics? This article considers the present ‘battle for Syria’, a local conflict that became a theatre for multiple proxy wars involving actors emphasising identities on various levels, most notably national, religious/ sect and ethnic. It suggests that identity content does matter, with global powers more reluctant than regional players to back groups identifying at sub-national level, while foreign non-state actors are enthusiastic backers of sub-national identity.     

Recognizing Fragmented Authority: Towards a post-Westphalian Security Order in Iraq

Abstract

The rollback of Daesh’s territorial control during 2017 has (re-)established an area of limited statehood in large parts of Iraq that may endure for many years. The government of Iraq projects its authority into a large geographical and political space that it shares with a multitude of other state, non-state and hybrid actors, competing and collaborating to achieve advantageous security and political outcomes. This paper examines the heterarchy of actors in post-Daesh Iraq to develop a typology and start a critical discussion about post-Westphalian alternatives for security governance in Iraq during the coming period of reconstruction and reconciliation.     

Smart Power and Military Force: An Introduction

Abstract

Smart power is comprised of two elements: the quest for building society among states and between states and non-state actors; as well as the desire for cleaner forms of power projection. This special issue explores how states continue to fumble over achieving the optimum mix of hard and soft power across several country cases and themed articles. This set of contributions suggests that smart power is not unlike a ‘Swiss Army Knife’ analogy: multifunctional and challenging to choose the right combination of ideational and material tools.     

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.     

Clausewitz and the politics of war: A contemporary theory

ABSTRACT

This paper re-examines the theoretical underpinnings of Strategic Studies, proposing a novel theory and a new framework for analysing war’s fundamental relationship with politics in line with the Clausewitzian tradition. Throughout modern history, Clausewitz’s concept of politics has been misconstrued as referring only to policy whereas in fact, for him, ‘politics’ was a much broader concept, including domestic power struggles. The political logic of war is defined here as the convergence of the interrelating factors of power struggles and policy objectives within a given polity that restrains and enables these political forces. The analysis of the Clausewitzian political logic of war is conducted through the sociological ‘liquid modern’ lens. It is argued that with power increasingly shifting from centralised state-oriented political leadership towards market forces, non-state actors and other political bodies, the effectiveness of war has been reduced. This is evident in the fragmentation of Western political systems and, as a result, suboptimal strategy and the domination of domestic power struggles in political decision-making concerning war.     

When Do Imposed Economic Sanctions Work? A Critical Review of the Sanctions Effectiveness Literature

ABSTRACT

There is growing policy consensus in Washington and other Western capitals that economic sanctions are powerful tools to cope with major foreign policy crises. Are sanctions, particularly targeted sanctions, really the potent instruments optimists suggest? Under what circumstances do punitive economic measures induce policy change in sanctioned countries? To probe these queries, in this article I outline the conditions that have been identified as more likely to lead to successful sanctions outcomes in the literature. I also discuss four major shortcomings of existing scholarship. First, the sender-biased interpretation of sanctions effectiveness renders the treatment of the ‘ineffective’ cases with negative outcomes the same as those cases that induce no discernable change in target behavior. Second, the prevalent use of static data from existing sanctions databases reduces the ability of researchers to study various time-specific factors affecting the probability of sanctions success. Third, the dominant state-centric bargaining model in the literature offers limited insight into contemporary coercive measures directed at non-state actors. Fourth, the study of sanctions in isolation of other instruments that frequently accompany them, such as incentives and diplomatic pressure, leads to a partial understanding of the specific role sanctions play in shaping the outcome of key foreign policy initiatives.     

Gas,power, and norms: competing logics for the declining use of chemical warfare

ABSTRACT

What restrains states from employing chemical weapons during modern war? Despite widespread and consistent efforts by the international community to outlaw chemical weapons in the twentieth century, major deviations from this goal occur. Two of the strongest explanations that exist for this trend are the logics of deterrence and norms that consider the use of chemical weapons to be a taboo. We test these theories using factor analysis and find that norms provide a better explanation of non-use in the twentieth century among states with a chemical-weapon capability. We then conclude with avenues for future research in this burgeoning field of study, which includes closer qualitative examination of norms, as well as the expansion of the dataset to include intrastate warfare and non-state warfare.     

Contributors

ABSTRACT

Over the past two decades, the United States has increasingly turned to targeted sanctions and export restrictions, such as those imposed against Iran and North Korea, in order to curb the spread of weapons of mass destruction. One vexing problem, however, is how to contend with jurisdictional hurdles when the violations occur overseas, in countries that are unable or unwilling to assist US enforcement efforts. To solve this problem, US prosecutors are turning to strategies with significant extraterritorial implications— that is, exercising legal authority beyond national borders. One such tool is to use civil legal procedures to seize assets linked to sanctions or export-control violations in jurisdictions that lack cooperative arrangements with US enforcement agencies. While this may be an attractive strategy to bolster enforcement efforts against overseas illicit procurement, using such tools is not without consequence. This article explores the political, legal, and technical implications of enforcing extraterritorial controls against overseas non-state actors by exploring the recent uses of civil-asset forfeiture against Iranian and North Korean procurement networks.     

The danger of “hybrid warfare” from a sophisticated adversary: the Russian “hybridity” in the Ukrainian conflict

The term “hybrid warfare” is a new one that the West began to use to explain its failure to cope with asymmetric threats. Focusing on the war on global terrorism, the West temporarily withdrew its attention from traditional adversaries, such as Russia, which has used this gap and has audaciously returned to the stage as a global actor. Until the Russian annexation of the Crimean Peninsula in 2014 and inflaming the Ukrainian crisis, most Western authors attributed “hybrid threats” mostly to non-state actors. But the Ukrainian scenario showed the true face of “hybridity” in the modern battlefield when practised by a powerful state actor. Russian “hybrid warfare” in Ukraine has already been seen as a combination of conventional and unconventional methods, that have been complemented with other instruments of national power – diplomatic, economic and information. The purpose of this article is, through an analysis of the Ukrainian scenario, to demonstrate that although the term “hybrid” is new, the concept itself is old and is a continuation of already seen doctrine from the Cold War era. Although “hybrid threats” can come both from state and non-state actors, the Russian interference in Ukraine is proof that they are especially dangerous for the West if, or when, they are initiated from a traditional, sophisticated adversary that has the capacity to use all forms of warfare.     

Competitive Statehood in Libya: Governing Differently a Specific Setting or Deconstructing its Weak Sovereign State with a Fateful Drift Toward Chaos?

Abstract

Libya in 2011 witnessed a real process of political change, though different from all the policy-oriented jargon equating transition with a teleological transition to democracy. Due to the resilience of the Qadhafi regime in power and with the essential role of NATO intervention, the process was eased out by a eight-month civil war. Governance in post-Qadhafi Libya was not done through the rebuilding of centralized authorities. But it took the specific form of the emergence of multiple non-state actors embedded in local dynamics and then connected with weakened central authorities that had access to the huge Libyan resources. That raised complex questions about the quality of this mode of governance, especially at a time of pressing problems for Libya and its neighbors, whether direct ones (Tunisia, Egypt, Mali) or farther countries across the Mediterranean sea: terrorism with the expansion of Da’esh into the country and flows of refugees crossing Libya’s uncontrolled borders and flowing into Italy and then Europe by thousands.     

Born violent: Armed political parties and non-state governance in Lebanon's civil war

We know little of the internal governing practices of non-state actors once in control of territory. Some territories have witnessed the establishment of new institutions of public goods remarkably similar to state institutions. This article compares four armed political parties governing territory during the Lebanese civil war. These non-state violent actors established complex political and economic institutions and administrative structures. Despite the wide range of ideologies and identities of these actors, they all converged in their institutional priorities, although not in their capacities or the particular ways of achieving those priorities. Data from interviews and the actions of the armed political parties suggest a combination of ideology and desire for control is causal in generating public institutions, partly attributable to the high degree of citizen activism marking the Lebanese case.     

Globalization's Bastards: Illegitimate Non-State Actors in International Law

The international system has great difficulty in dealing with illegitimate non-state actors such as transnational terrorist groups and organized crime syndicates. This is due to two main factors: the quality and quantity of influence these illegitimate actors have obtained in an era of globalization, and the fact that international law considers only individual criminals and terrorists as subjects, rather than the entire illegitimate enterprise, and does not adequately link individuals, enterprises and states to more nuanced and complex forms of sponsorship of illegal activities. This work offers an outline for tools that should be embedded in the fabric of international law and agreements, to sustain credibility against illegal non-state actors, to hold accountable  sponsors of illegality and to reinforce the legitimacy of globalization.     

Consumer drone evolutions: trends,spaces, temporalities,threats

ABSTRACT

While the drone has become synonymous with the War on Terror, the asymmetric iconography of the battlefield is shifting. Commercially available off-the-shelf (COTS) drones are increasingly prevalent features of global battlefields, employed by non-state actors in both visualising such spaces, and the directing and inflicting of harm. As such usage increases, so too do concerns around their evolving adoption, adaptation, and potential portability into homeland spheres. While cognizant of the range of positive drone applications, it is asserted that drones nonetheless remain simultaneously bound to an inverse potential for exploitation. In examining drone risk, this article approaches the consumer drone through a series of sites and spaces through which it is technically and socially constructed. Reflecting upon industry innovation, community-driven experimentation, and evolving airspace – it calls for greater attention to the drone’s malleability, arguing that understandings of COTS drones must remain attentive to both drone potential and potential drone threat.     

The limits of technocracy and local encounters: The European Union and peacebuilding

ABSTRACT

This article is the conclusion to a special issue that examines the European Union (EU), peacebuilding, and “the local.” It argues that technocracy—particularly EU technocracy—shapes the extent to which local actors can hope to achieve ownership of externally funded and directed peace support projects and programs. Although some actors within the EU have worked hard to push localization agendas, a number of technocracy linked factors come together to limit the extent to which the EU can truly connect with the local level in its peace support activities. While the EU and other international actors have invested heavily into capacity building in conflict-affected contexts, the EU’s own capacity has not necessarily been built to address the scalar problem of accessing the local in ways that are meaningful.