AFRICAN PERSPECTIVES ON INTERVENTION AND STATE SOVEREIGNTY

Intervention which violates state sovereignty is often justified by its humanitarian goals. In Africa, the debate goes beyond humanitarian objectives and considers intervention when collapsed state authority threatens regional security. Poorly planned interventions can do more harm than good while also weakening the norm of non-intervention in international relations. The brutal and often degrading history of colonization and neo-colonialism still influences African thinking on intervention. Africa's relative geopolitical weakness has compelled it to rely strongly on the international rules. African state's view on intervention should be rethought in the light of failed states, the spill-over of conflicts, threats to the democratic process and an abject failure to act in the face of hummanitarian catastrophe. Military intervention should be an exceptional action of last resort but it will remain an option while states are unwilling or unable to protect their own populations. The objective should be prevention through good governance and the democratic process.     

THE EXERCISE OF NATIONAL SOVEREIGNTY

Skeptics of the Bush administration have castigated its strong aversion to formal international agreements in responding to the threat of the proliferation of weapons of mass destruction (WMD), citing unilateral actions as the default alternative. Yet this critique misses the growing emergence of a conscious framework guiding the administration's actions: an emphasis on the exercise of national sovereignty and the corollary principle of sovereign responsibility. Rejecting the paradigm of arms control as the answer to WMD proliferation, the current administration instead advocates a toolkit of alternative mechanisms based on the full exercise by individual nation, states of their domestic authorities and rights under international law, acting in their capacities as responsible citizens of the global community. This paper will examine that philosophical approach and its concrete application through the following policies: (1) the Proliferation Security Initiative; (2) enforcement of national laws and regulations as exemplified by United Nations Security Council Resolution 1540 and the U.S. proposals for consideration by Biological Weapons Convention signatories; and (3) preemptive warfare to disarm the WMD programs of a threatening state.     

NUCLEAR PROLIFERATION

As the potential for the involvement of corporations in the manufacture of nuclear weapons has increased, particularly through dual-use technology, global regulation has failed to keep pace. Where regulation of private corporations does exist, in the form of treaties, UN resolutions, or more informal arrangements, the obligations fall only on states. This state of affairs is a result of international law's traditional deference to state sovereignty; yet, it has led to significant shortcomings in the global regulatory regime, where states are unwilling or unable to meet their obligations. While radical departures from the traditional model of international law might remove the regulatory gaps caused by noncompliant states, such changes are unrealistic in the current political climate. More realistic changes must be focused on, offering greater recognition of the role of private corporations in nuclear proliferation and increasing state compliance with existing regulation.     

The Finger on the Button

Taiwan's international status is such that the country's ability to trade and to supply certain goods and technologies remains its primary means of practicing diplomacy and asserting international influence. U.S. pressure to conform to international nonproliferation standards has made the issue of export controls a troubling one for Taiwan. Limiting Taiwan's economic relations affects its ability to sustain itself economically and to maintain productive relations with other nations. On the other hand, as a recipient of U.S. high-technology transfers and security assurances, Taiwan cannot ignore the directives of the United States. The article focuses on this dilemma and how a shift in power to the Democratic Progressive Party is affecting Taiwan's choice between placing limitations on its global economic power or risking being cut off from U.S. technology and losing U.S. security assurances. In order to address this challenge properly, Taiwan will need to reassess its fundamental economic and security interests.     

Beyond 'the Mogadishu Line': Some Australian Lessons for Managing Intra-State Conflicts

The controversial humanitarian intervention in Somalia was a foretaste of a continuing international failure to come to terms with the post-Cold War security environment. For much of the 1990s, the wrong lessons, drawn almost entirely from the unsuccessful US experience in Mogadishu, shackled international thinking about international conflicts like Rwanda, Sierra Leone and Bosnia. Yet if the international communities going to develop a more effective response to the new pattern of intra-state violence, it should learn from the successes as well as the failures of humanitarian intervention in Somalia. In Baidoa, the Australians demonstrated it is possible to develop what might be termed a peace-enhancement strategy in a collapsed state situation. By striking a balance between political reconstruction and a measure willingness to use force to obtain compliance with UN demands the Australians indicated that the dire prophesies of Robert Kaplan's 'The Coming Anarchy' can be averted.     

Iron Cannot Fight 1 – The Role of Technology in Current Russian Military Theory

Contemporary Russian military theory is dominated by three schools of thought: the ‘traditionalists’, the ‘modernists’ and the ‘revolutionaries’. On the role of technology in future warfare, the traditionalists argue for both high tech and massive forces at the same time. The modernists are ready to trade manpower for technology, whereas the revolutionaries give technology full priority. Both the traditionalists and the modernists believe Russia, because of the country's technological lag and limited resources, should respond asymmetrically to the Western technology challenge. The revolutionaries, on the other hand, maintain that Russia must respond in kind. If not, the country will no longer be able to defend its sovereignty. The currently ongoing radical reform of the Russian military is a partial victory for the modernists, but which model or mix of models that will dominate in the future is first of all dependent on the Russian military's purchasing power and the state of the domestic defence industry.     

After ISAF: partners and proxies in Afghanistan after 2014

The conclusion of the International Security Assistance Force (ISAF) mission in Afghanistan at the end of 2014 has generated substantial uncertainty about the duration and level of international commitment to Afghanistan. The fate of local allies of international forces is therefore deeply in doubt. This article is of necessity speculative rather than empirical, but it attempts to draw on the history of previous intervention in Afghanistan as well as more general patterns of local and external alliance to sketch plausible scenarios for the fate of local allies. It proceeds in four parts. First, it draws distinctions between different types of local allies in Afghanistan based on position and relationship to the Afghan state and an external actor. Second, it examines the Soviet withdrawal from Afghanistan for relevant lessons for the fate of local allies. Third, it presents a scenario based on the foregoing that assumes there will be an ongoing small but significant international military presence and accompanying resources. Fourth, it presents a scenario that assumes there will be no or minimal international military presence and accompanying resources.     

The mercurial development of Russia's United Aircraft Corporation

Russia's 2006 renationalisation of its aerospace industry heralded a new era in industrial policy. Symbolising a return to the importance of securing sovereignty over the Federation's strategic assets, it also posits, powerfully, that sectors like aerospace and shipbuilding are too important to be left to the market. In what now appears a reversal of this policy approach, Moscow is promoting partial privatisation and encouraging partnership with Western aerospace companies. Foreign infusion of capital and technology is viewed as the catalyst for Russian dominance in the global military and commercial aerospace industries.     

The Iranian nuclear dilemma: light at the end of the tunnel?

In February 2012, Iran announced its willingness to resume negotiations with the Western powers. This statement followed in the wake of a damning report by the International Atomic Energy Agency (IAEA) Board of Governors and the imposition of additional sanctions by the international community on an Iranian economy already under pressure. Tehran's announcement also coincided with increased speculation regarding an Israeli military strike on Iranian nuclear facilities. At the same time, however, this seemingly positive step appeared to be undermined by Iran's concomitant announcement that “huge” technical progress has been made on Iran's nuclear programme. This article will explore the significance of the recent political, diplomatic and technical developments in the Iranian nuclear affair and situate them in the broader context of Tehran's nuclear strategy. The analysis will assess the potential for this latest phase in the Iranian nuclear crisis to reverse Iran's current trajectory and initiate a rapprochement between Iran and Western powers.     

The legality of unmanned aerial vehicles outside the combat zone: a case study of the Federally Administered Tribal Areas of Pakistan

The drone is the latest tool to promote interests of a nation-state. It is clear that USA as well as other major powers anticipate that robotics will play a key role in future warfare. Today, more than 70 countries have already acquired drone technology and many others are desperate to join the ranks. This urge for drone technology will ultimately lead to a “boundless and borderless war without end.” In the case of Pakistan, the US drone campaign has raised some important issues regarding how their use could, or should, be regulated in the future. This article analyses the legal issues raised by the US's use of drone technology in non-combat zones, such as Pakistan. It is argued that a reckless disrespect of Pakistan's sovereignty has had adverse implications and consequences for the legitimacy of the Pakistani government. Drone strikes have prompted instinctive opposition among the Pakistani population, hurt their feelings and estranged them from the government. This in turn has added to Pakistan's instability and stimulated a ground-swell of animosity toward the USA.     

Political dynamics in Kenya’s post-electoral violence: Justice without peace or political compromise?

The political upheavals that erupted in Kenya after the release of the 2007–8 election results resulted in the death of approximately 1 200 people, as well as the loss of livestock and other valuable property. While the Kenyan government tried to seek solutions to the crisis, the International Criminal Court (ICC) issued warrants for the arrest of top government officials. For its part, the African Union (AU) accused the ICC of racism by targeting only African leaders, and maintained that such practices undermine the rule of equality before the law set forth in Article 27 of the Rome Statute. The AU is therefore advising African countries, including Kenya, to consider withdrawing from the ICC. Will the ICC's intervention into the situation in Kenya bring justice and peace to the country, or will it add to the existing injuries affecting not just the country but the region as well? Through a critical analysis of contemporary scholarly discourse, this article unravels the dilemma of the ICC's intervention and the likely consequences of this action for the people of Kenya and Africa.     

The Taliban's ‘military courts’

The Taliban's ‘code of conduct’, which lists rules of discipline for the fighters, has been widely discussed, but do the Taliban try to implement it? This article discusses the structures that the Taliban have put in place for this purpose and their evolution over the years. It assesses that while the Taliban's ‘military justice’ system is still work in progress, the fact that it has attracted a significant investment in human resources bears witness to a serious intent of the leadership. However, the Taliban's concern with the behaviour of their fighting force is driven by their own political calculus, not by any sympathy for the international law of conflict.     

Synopsis of Community of insecurity: SADC's struggle for peace and security in southern Africa

This article presents a synopsis of Community of insecurity: SADC's struggle for peace and security in southern Africa, published by Ashgate in 2012. It focuses on SADC's efforts to establish a common security regime; conflict and peacemaking in southern Africa between 1992 and 2011; and the prospects of SADC becoming a security community. It summarises the reasons for SADC's difficulties in the sphere of regional security and politics, namely the weakness of member states, their unwillingness to surrender sovereignty to communal mechanisms, and the absence of common values among them. The main conclusion is that these problems lie primarily at the national level and cannot be solved at the regional level. SADC is a forum of states and it cannot do anything that these states will not permit it to do.     

Stopping Nuclear Traffic

The exploits of the A.Q. Khan nuclear network have received significant attention in the last three years. Gordon Corera's recent book, Shopping for Bombs, is an important addition to the existing literature. In this book, the author explores how Khan became a nuclear supplier and why his network was able to flourish for so many years. In his analysis, Corera examines relevant domestic and international political circumstances that affected Khan's rise and ultimate fall. The author also gives a compelling account of the international investigation that shut down this network in 2004 and warns that Khan's network will not be the last to challenge international nonproliferation regimes. Despite a few gaps in the book's narrative and analysis, Shopping for Bombs is an important source of insight into the activities of Khan and his network.     

REGULATING SMALL ARMS AND LIGHT WEAPONS

One of the biggest challenges currently facing the developing world is the proliferation of small arms and light weapons. Arms control and disarmament have been part of the diplomatic agenda since the middle of the 19th century and were two of the most important issues facing the world's major powers during the 1960s and 1970s. When the Cold War ended, different instruments had been developed to negotiate the control over nuclear, chemical, biological and conventional weapons. However, the proliferation of small arms and light weapons poses new challenges to the international system. While control over legitimate use is laudable, the major problem relates to the illicit proliferation external to the state system. To address this challenge, international and national law faces the challenge of regime creation, and of the implementation and enforcement of international and national standards. Possible approaches to regime creation are discussed in this essay and recent examples are provided of how these were applied in practice to the issue of small arms and light weapons by the OAS, ECOWAS, SADC, the OAU and in East Africa.     

SAVING THE NPT

For more than forty years, the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) has provided major security benefits to the international community; however, the treaty is suffering from internal and external pressures, and benign neglect on the part of its members is undermining its authority. To ensure the treaty's continued viability, it is time for member states to start showing the NPT the respect it deserves and to renew their commitments to its fundamental purposes. Achieving this requires remedial action in at least four areas of vulnerability: reinvigorating nuclear disarmament; strengthening nonproliferation; overcoming the NPT's institutional deficit; and fostering a rapprochement between NPT and non-NPT states that does not abandon the goal of treaty universalization. There is still time before the 2010 NPT Review Conference for concerted action to restore the NPT's vitality and for the United States to resume its leadership role on behalf of the treaty and its membership.     

NEW TERRORISM

New or contemporary international terrorism associated with Islamic fundamentalism and the struggle against Zionism and American interests is a recent phenomenon in Kenya, different to that experienced during the struggle against colonialism. Many explanations have been offered as to why Kenya is being targeted, but have not sufficiently explored its close relationship with the West—especially Britain and the United States, the perceived connection between Israel and the former Presidency of Daniel Arap Moi, domestic forces and government policy. Externally the most important explanations for the increase in regional terrorism are the three waves of global terrorism since 1967, the most recent and significant of which is associated with Osama bin Laden and the Palestinian Intifada. These events reverberated in the region, Sudan and Somalia in particular, but also internally. Both internal and external attribution factors explain the resurgence of new terrorism in Africa. In the case of Kenya, terrorist attacks are associated with the country's internal domestic processes and a naïve approach to broader international issues.     

A FOCUS ON SMALL ARMS

For much of the past two years, the African Union Mission in Sudan (AMIS) has managed to achieve a semblance of stability in much of Darfur, which has been reflected in the improvement of humanitarian conditions. At the same time, the mission has come under serious international pressure to respond appropriately to the deteriorating security situation on the ground by enhancing its presence and effectiveness. Subsequently, following the decisions of the AU Peace and Security Council (PSC), AMIS has undertaken two successive enhancements. Although the last enhancement exercise was remarkably successful, it could not be considered complete without the provision of the outstanding personnel and logistics by both member countries and the international partners. Meanwhile, serious challenges continue to undermine the mission's effectiveness and its prospects, not the least of these obstacles being adequate funding. At present, the mission is in a dilemma with respect to its mandate, engaging with the parties, partners, implementation of the N'sDjamena Humanitarian Ceasefire Agreement (HCFA), and the way forward, as the AU is now almost totally dependent on external donations to sustain its Darfur operations. This article therefore explores the way forward in all these thematic areas in order to make appropriate recommendations.     

A plan for military intervention in Darfur

This article contains a plan on how the African Union/United Nations hybrid force authorised by the UN Security Council in July 2007 could realistically and effectively use military power to save civilian lives in Darfur. It is envisaged that the international force, given its limited size, would mainly focus on protecting and policing refugee and internally displaced persons camps, rather than trying to stop all violence in the region. This intervention is unlikely to provoke a violent military reaction from the Sudanese government. In fact, a careful analysis of the conflict suggests that Khartoum has been engaged in a scorched-earth counterinsurgency rather than in an attempt to exterminate Darfur's ‘black’ population as an end in itself, and thus would stand to benefit from interveners' efforts to keep the camps demilitarised.     

The Problem of Weak Nuclear States

Governments are increasingly recognizing the problem posed by internally weak nuclear-capable states. The problem, however, is under-theorized. This article brings together literature on sovereignty and international order, the nonproliferation regime, and weak states, and introduces new concepts to provide a more structured understanding of this problem. Insight comes from focusing attention on the function and governance of two nuclear estates (termed the production and operational estates), and on their resilience to decay and disorder occurring within the state and society. Drawing on empirical observation, the authors suggest a typology of weakness in nuclear states, involving state fragmentation typified by the former Soviet Union, the “hard weak state” typified by North Korea, and the internally conflicted state typified by Pakistan. Although these types give rise to distinctive difficulties, their alleviation depends heavily on the maintenance of internal authority within the state and estates, the presence or absence of cooperative relations, and the international regulatory framework's vitality.