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.     

Securitising humanitarian assistance and post-conflict reconstruction in Africa: A critical review of South Africa's new defence policy

The South African Defence Review 2014 is the country's new defence policy. The Review, which is expected to steer South African defence policymaking for the next few decades, discusses in detail the role of the South African National Defence Force (SANDF) in peace missions in Africa and proposes the direct involvement of the country's soldiers in both military and civilian tasks, from peacekeeping to humanitarian assistance, post-conflict reconstruction and development. This paper contains a critical review of the Review with regard to South Africa's envisaged contribution to regional and continental peace and stability. It is argued that humanitarian assistance and post-conflict reconstruction should not be securitised and that the SANDF should only be tasked with peacekeeping and the establishment of stability and security in fragile in-conflict and post-conflict settings. The humanitarian work should be left to humanitarian and aid agencies, while reconstruction and development should be left to organisations such as the New Partnership for Africa's Development, continental and international development organisations, and local actors.     

FROM RIGHTS TO RESPONSIBILITIES

This article aims to explore possible avenues that the international community can use in order to justify forcible intervention in sovereign states in cases where gross and systematic violations of the human rights of the he population take place, but where the legal authority for such intervention is not forthcoming from the Uni ted Nations Security Council. Two possible justifications are identified: the doctrine of humanitarian intervention, which despite being controversial, enjoys a measure of acceptance due to the practice of states in this regard, and the notion of an international responsibility to protect vulnerable populations and individuals. The latter option, despite a vague and uncertain legal basis, offers several advantages: it focuses on the suffering of human beings and not on the rights of states, it enumerates clear and definable thresholds for intervention by the international community and acknowledges that intervention is only one step in the process of achieving peace, to be preceded by preventive action and followed by post-conflict reconstruction. It is submit ted that elements of the notion of an international “responsibility to protect” are to be found in the Constitutive Act of the African Union and especially the Protocol on the Establishment of the Peace and Security Council. Furthermore, the principles underlying this notion, as developed by the International Commission on Intervention and State Sovereignty may serve as guidelines in decisions by the Assembly to authorise interventions in AU members.     

From stopping to preventing atrocities

The Constitutive Act of the African Union (AU) provides for the right of the continental body to intervene in the face of war crimes, genocide and crimes against humanity. According to its formulation, Article 4(h) intervention entails military force, which is triggered when a target state fails to discharge its duty to protect its population from mass atrocities. Although Article 4(h) is an ambitious statutory commitment to intervene in a member state by the AU, the Libyan crisis in 2011 showed the ambivalence of the continental institution to act in a decisive and timely manner. The AU's failure to invoke Article 4(h) exposed the need for building the capacity and political will to intervene and to interpret Article 4(h). Therefore, the primary focus of this article is on how Article 4(h) should be interpreted. Flowing from the Pretoria Principles, which seek to provide clarity on the implementation of the AU's right of intervention, Article 4(h) should be viewed as a duty rather than a right to prevent or stop mass atrocities. The duty dimension of Article 4(h) derives from the international instruments that AU member states have ratified to prevent mass atrocities. Rather than being a paper tiger, Article 4(h) should be used in a proactive and timely manner as a military option available to the AU to persuade member states to prevent or halt atrocities. As a last resort, military force pursuant to Article 4(h) should aim at protecting the population at risk and pursuing the perpetrators in order to avoid contravening Article 2(4) of the Charter of the United Nations (UN). Although military intervention can save lives in the short term, it cannot necessarily address the underlying, structural causes of atrocities, such as ethnic rivalries, economic inequalities and scramble for natural resources, among others. Therefore, the prevention of mass atrocities should not be equated with, or be seen through the prism of, Article 4(h) intervention alone. The focus should instead be on the entire spectrum of preventive strategies at the disposal of the AU in the face of mass atrocities, including the African human rights system and the African Peer Review Mechanism.     

Norm dilemmas and international organizational development: humanitarian intervention in the crisis of Bosnia and the reorganization of North Atlantic Treaty Organization

Conventional constructivism presents conforming to normative expectations as a constituent force in state legitimacy. However, what is broadly considered appropriate is not necessarily realized since concrete action can collide with other norms, just as prevention of human rights violations is generally viewed as desirable, but related action provokes a debate over sovereign integrity and the use of force. This article argues that this ‘norm dilemma’ prompts states to develop international organizations. That is to say, if international mechanisms exist to deal with regional contingencies effectively, such dilemmas that accompany intervention are more likely to be pre-empted. For this reason, states move towards development of institutions for security management. This article examines this claim by analyzing North Atlantic Treaty Organization's (NATO's) reorganization through the intervention in Bosnia and explains why investigating norm dilemmas elucidates more aspects of this case than paying attention to the influence of humanitarian norms alone. Given the stress placed on conflict ‘prevention’ in NATO today, instead of promotion of intervention, as reiterated in the 2010 Strategic Concept, analysis of the first major crisis in post-Cold War Europe offers important insights into future management of norm dilemmas by the Alliance.     

Pursuing sustainable peace through post-conflict peacebuilding: The case of Sierra Leone

Many of the world's poorest states have experienced violent conflict in the past decades and it is today widely accepted that armed conflicts require sustained efforts that address not only the military, but also the political, humanitarian, economic and social dimensions of conflicts. For some years there has been a growing international concern with and emphasis on peacebuilding programming in the area of conflict resolution and peacekeeping. In Sierra Leone, a country that was engulfed in a brutal civil war for more than ten years, peace was hard won—a peace that would not have been possible without the presence and active post-conflict assistance of the United Nations (UN). However, Sierra Leone remains in a precarious state, being one of the poorest countries in the world, and needs the commitment of the international community in ongoing post-conflict peacebuilding to sustain its delicate peace. This article examines the challenges, extent and achievements of peacebuilding programming in Sierra Leone, and assesses the prospects for sustainable peace in this once war-torn West African state.     

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.     

The African Capacity for Immediate Response to Crisis: conceptual breakthrough or anti-imperialist phantom?

The creation of an African Capacity for Immediate Response to Crisis (ACIRC) is a sign of Africa's willingness to take its destiny into its own hands. Presented as a reaction to the slowness of the development of the African Standby Force (ASF), it is also a response to some of the ASF's conceptual weaknesses. This decision reflects a wish to establish an instrument better equipped to deal with the challenges Africa is facing. Departing from the (sub)regional logic of the ASF results from a desire to take into account the transnational nature of threats, while its enlarged mandate is meant to offer Africa the capacity to intervene in all kinds of conflicts, including by undertaking peace enforcement activities. But the obstacles on the road towards the actual creation and mobilisation of this capacity should not be underestimated. These include material difficulties, but also political tensions, between ‘small’ and ‘big’ states as well as between the African Union and subregional organisations. The risk then is high that the ACIRC, whose announcement came as a reaction to France's intervention in Mali, ends up joining the ranks of the many ‘anti-imperialist’ phantoms haunting the history of the Organization of African Unity/African Union (OAU/AU). Confronted by events considered ‘neocolonial’ initiatives, African actors have indeed traditionally reacted by launching grand projects that never got off the ground. However, by actually establishing this new instrument, they may also demonstrate that times have definitively changed.     

THE AU PLAN ON TERRORISM

At a senior officials' meeting held in Algiers from 11–14 September 2002, the African Union proved ready and able to provide the political cohesion and sense of purpose needed for Africa to combat terrorism. While member states inevitably played to a global gallery in demonstrating their commitment to the ‘war on terrorism’, the practical counter-terrorist proposals adopted at the meeting substantially address Africa's security challenges. The resulting Plan of Action on the Prevention and Combating of Terrorism focuses on state building and inter-governmental co-operation, to literally and figuratively close Africa's borders to terrorist activities. Implementing the plan will be a tough challenge for many African governments, especially to ensure that their counter-terrorist measures adhere to international and regional human rights accords.     

Human Security and the State in Africa

The most recent major document on human security tells us more about the ideal of human security than how this worthy objective can best be achieved. This is a problem because most African states were created to serve as a bulwark against further colonial rule rather than provide domestic order and protection for their citizens. Many African states have since become battlegrounds for ethnic or economic struggles. Neither a new and committed African leadership, nor intervention by the international community, is likely to transcend this problem and effectively advance the human security agenda. A reformed African state—one which induces leaders to be more concerned with advancing the interests of their people more broadly—remains the only viable alternative. The problem is that any reform of African states will also involve difficult trade-offs and dilemmas.     

THE NEPAD AFRICAN PEER REVIEW MECHANISM

The idea of establishing a permanent Pan-African army has for long caught the imagination of Africans as a potential solution to many of their continent's manifold security problems. This feature tracks the quest for a Pan-African military force through the past five decades covering the feeble attempts of Africa's freedom fighters to join forces, the repeated failure to establish an African High Command (AHC) in the early years of decolonisation, the subsequent inability of the Organisation of African Unity (OAU) Defence Commission to agree on a common defence structure, and the various fruitless initiatives of the international community to set up a Pan-African peacekeeping force in the 1990s. On the basis of this retrospective journey, the article argues that the African Union's current initiative to establish an African Standby Force (ASF) based on five regionally administered standby brigades should be seen in the tradition of this long quest and not as a groundbreaking new conceptual development, as argued by some. It further contends that even though the ASF is conceptually closer to the Standby Arrangement of the United Nations (UNSAS) than to a Pan-African army as envisioned by leading Pan-Africanists such as Kwame Nkrumah, it nonetheless marks a substantial development in Africa's continental self-emancipation which should be greeted and supported by Africans and the international community alike.     

ANALYSIS OF CONFLICT WITHIN A CONTESTED LAND: THE CASE OF KASHMIR

This paper considers the case of Kashmir to examine the relation between the people of the contested land (Indian-occupied Kashmir) and one of the nation states claiming it (India, in this case) in a game-theoretic framework. The motivation for this paper was whether it was possible to rationalize the lack of democratic space in Kashmir, relative to other states in India (especially since the founding fathers of the country had announced such democratic practices to be the guiding principles of the new nation) and at the same time, a highly rigid stance of the Indian Government on the Kashmir issue. An otherwise standard political economic model is used to capture how the way in which citizens determine their allegiance to one or the other nation state (India or Pakistan) can, in turn, affect the nation state's (India's) policies towards the contested land. I conclude that if the Indian Government perceives allegiance of the citizens to be determined primarily by partisan preferences of the citizens, not so much by their preferences for policies, then the government rationally concentrates on minimizing its disutility due to deviations from its ‘most-favorite' policy. This understanding rationalizes the policies of the Indian Government towards Kashmir. More importantly, it points towards areas that need consideration for any peace-making process to take-off.     

SOMALILAND

This essay outlines recent developments in the Horn of Africa with particular focus on the emerging democratic state of Somaliland. It maps out the key political contours of Somaliland and Somalia. In this respect, the implications of recent developments for the international community and multilateral institutions are analysed. Somaliland has shown extraordinary determination to succeed. Those governing Somaliland have shown respect for democratic principles, begun to develop natural assets which will strengthen the economy, and rebuilt much of the capital city. The union with Somalia has proved difficult to say the least, while relations with Kenya, Djibouti and African multilateral organisations remain complex. Yet despite the advances the citizens of Somaliland have made, recognition of Somaliland as a viable independent entity by the international community remains an uncertain hope.     

Winning with warlords in Afghanistan

A fundamental contradiction has been built into America's intervention in Afghanistan since the first days of the war in 2001. On the one hand, US policymakers have viewed the promotion of liberal democracy, economic development, and strong centralized state institutions as essential to achieve victory over the long term. On the other hand, however, the US has relied on local warlords to win its battles against the Taliban from the first days of the intervention. The Obama administration's tortured policy review reflects the intractable dilemmas involved in trying to build a modern democratic state while relying on local warlords as crucial allies in the war against the Taliban.     

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.     

SOUTH AFRICA'S ANTI-TERROR LAW

This article argues that whereas the waves of democratization which enveloped the continent in the early 1990s following the collapse of Eastern European one-party socialism genera ted expectations of a ‘new dawn’ for ‘good governance’ and sustainable human development on the continent, one wave after another appears to have suffered serious setbacks. Indeed, a decade later, some of the most articulate pro-democracy leaders, who came into office on the crest of the democratic waves of the 1990s have sought to manipulate their countries' constitutions in order to perpetuate their presidential tenure. Such undemocratic behaviour will only fuel speculation in the industrialized world that the New Partnership for Africa's Development is just another decorative blue-print drawn up by beleaguered African despots in order to obtain new resource inflows at a time the international community under the hegemonic leadership of the Uni ted States will be wholly preoccupied with rebuilding post-Saddam Iraq and the Israeli-Palestinian roadmap.     

Feeding the Lion: China and defence development in African states

ABSTRACT

In analysing trends in Chinese defence engagement and their impact on defence development in African states, it is important to consider both China's changing policy priorities and its capabilities for the provision of defence support. China's international ambitions and its economic development contribute to its emergence as a key supporter of defence capability development in Africa, occupying a crucial niche as a provider of support, particularly arms transfers, appropriate to evolving local requirements. The economic and politico-military imperatives driving China's engagement of Africa, which stem from its economic reforms and re-emergence as a great power, are facilitating defence modernisation by accelerating the introduction of modern arms in substantial quantities. The commercial importance of arms exports and the growing importance of strategic ties strongly situate China to help sustain processes of defence capability development in African states over the long term.     

How might Democratisation Affect Military Professionalism in Africa? Reviewing the Literature

The search continues for methods to improve security for development in Sub-Saharan Africa. One of the important actors in this security arena is Sub-Saharan African governments’ armies. Much of their capability to meet security challenge depends on how militarily professional they are. The wave of democratic evolution in Africa since 1990 also affected military professionalism. This article reviews three models for assessing how democratisation might affect military professionalism in Sub-Saharan Africa, with special attention to post-conflict states. This should make it possible to decide which analytical methods are most appropriate to measure military professionalism in the particular circumstances of Sub-Saharan African post-conflict democratisation. Depending upon the particular nation-state in question, this decision on analytical methods may be useful for other Sub-Saharan states as well.     

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.     

MALAWI GENERAL ELECTION 2004

In the post-Cold World era, West Africa, like most other regions of the world, experienced significant shifts in its approach to, and understanding of security. The outbreak of brutal domestic conflicts in the sub-region and ECOWAS's subsequent deployment of its peacekeeping force, ECOMOG, marked a turning point in the sub-region's attempt to develop a security architecture that began in the 1970s. This paper argues that in the post-Cold War era, West Africa is in the process of evolving from a security complex to a security community. The inter-linked nature of the conflicts in the Mano River basin reinforced the security interdependence of member states of the Economic Community of West African States (ECOWAS). These factors, coupled with the close cultural and historical ties, geographical proximity qualifies West Africa as a security complex. The adoption of the ECOWAS Protocol on Conflict Prevention, Management, Resolution and Peacekeeping, the supplementary Protocol on Democracy and Good Governance and the ECOWAS Moratorium on Small Arms and Light Weapons are clearly aimed at the institutionalisation of conflict resolution mechanisms—a move away from the ad hoc approach of the 1990s. If the democratic peace theory holds true (that democracies do not fight each other), one could make the argument that democracies do not harbour dissidents from neighbouring states. Hence, the development and consolidation of a democratic ethos in the sub-region would lead to the eventual development of a security community.