Explaining the (il)legality of Uganda's intervention in the current South Sudan conflict

During the night of 15 December 2013, fighting broke out between factions of the Sudan People's Liberation Army (SPLA) in Juba, the capital of the Republic of South Sudan. The fighting pitted forces loyal to President Salva Kiir against those loyal to former Vice President Riek Machar. Five days later, Uganda sent troops into South Sudan, advancing a number of reasons for intervention, including that it had been invited by the legitimate government of South Sudan to ensure order; it needed to evacuate Ugandan citizens caught up in the fighting; it had been asked by the United Nations Secretary-General to intervene; and that the regional organisation, the Intergovernmental Authority on Development had sanctioned the intervention. As the conflict escalated, Ugandan troops started fighting on the side of forces loyal to Kiir. The underlying reasons for the intervention were clearly economic, but those advanced were legal. This article discusses both sets of reasons and concludes that the economic reasons are more persuasive. Nevertheless, while some of the legal arguments (such as being invited by the legitimate government of South Sudan) can be asserted, others are clearly dubious. In addition, the participation of Ugandan troops in the fighting on the side of the Kiir government renders the intervention illegal.     

SOMALIA AND SOMALILAND

The authors consider the recent referral by the UN Security Council of the situation in the western region of Sudan (Darfur) for investigation and prosecution to the International Criminal Court. The paper focuses on the context of this referral, especially since the referral signals a capitulation by the United States of America (which had the power to veto the referral) in the face of worldwide pressure for the United Nations to take action against perpetrators of atrocities in Sudan. In considering the referral, the authors point out that the International Criminal Court has been handed a hot potato. Because it is one of the first cases that the court will hear, the spotlight will be on the court's effectiveness as an instrument of international criminal justice. Sudan is not party to the court's statute, however, and accordingly owes the court no obligation to cooperate in the investigation and prosecution of Sudanese offenders.     

ACQUIRING FOREIGN NUCLEAR ASSISTANCE IN THE MIDDLE EAST

The United Arab Emirates (UAE) has laid out an ambitious plan to become the first Arab country to possess a civilian nuclear energy program. Central to that effort has been the Emirati government's ability to obtain foreign nuclear assistance. This article traces the UAE's strategies for overcoming the obstacles that stood in the way of nuclear suppliers providing assistance. It examines the approach taken by the UAE to assuage the safety and security concerns of nuclear suppliers, how the UAE leveraged its alliances with France and the United States to obtain their cooperation, and its strategies for engaging domestic interest groups in supplier states. The generalizable elements of the UAE's strategies are discussed and used to provide insight into the prospects for other Middle Eastern states' bids to obtain similar assistance. The article concludes with a discussion of the potentially transformative aspects of the strategies employed by the UAE in shaping other countries' pursuit of nuclear energy in the region.     

A ‘transparent gold’ rush?

Abstract

The signing of a new treaty on the equitable sharing of the Nile waters – signed last May in Kampala by Rwanda, Ethiopia, Uganda and Tanzania – has the potential of derailing relations with Sudan and Egypt. According to the latter countries, this new agreement replaces the 1959 Nile agreement – that awarded them with 90 per cent control over the Nile water – giving other Nile Basin countries the possibility to implement water-related projects in agriculture and energy. This new development, according to Egypt and Sudan, places their water level security in jeopardy. Furthermore, the use of land grabs and water consumption for food security by wealthy foreign countries contributes to the sensitive situation the nine Nile Basin countries are now facing. Water is a red line when it comes to Egypt and Sudan and the future of the whole region depends on whether this line will be crossed.     

South Sudan and the pitfalls of power

For the people of South Sudan, the promise of independence is saddled with challenges similar to those witnessed by post-independence Africa in the late 1950s and early 1960s. Then, the euphoria was short lived as several African countries lapsed into a state of authoritarianism, corruption and instability. The question is, what went wrong and can South Sudan learn from Africa's past? This update observes that there are differences in context between South Sudan and post-independence Africa, but maintains that South Sudan faces similar dangers: independence could easily turn into disenchantment and come to haunt the leaders of Africa's newest state should they fail to take concrete measures to transform institutions to be accountable, inclusive and responsive to people's needs.     

A Muslim by any other name

Abstract

A crisis is emerging in the Nile Basin, where some 300 million people in Egypt, Sudan, Ethiopia, Uganda, the Democratic Republic of Congo, Rwanda, Kenya, Tanzania and Burundi rely on the Nile directly or indirectly. Egypt and Sudan wish to preserve a regime based on treaties drawn up during the colonial era that allocated the vast majority of the Nile's water to them. Countries upstream are determined to challenge this. In 1999 the countries using the river formed the Nile Basin Initiative to try to resolve these differences. More than a decade of negotiations failed to break the impasse. In May Ethiopia, Kenya, Rwanda, Tanzania and Uganda decided to wait no longer and signed a new treaty, without the consent of Egypt and Sudan. The signatories have given the other Nile Basin countries one year to join the pact. For Egypt, which relies on the Nile for 95 per cent of its water, this is a question of life or death. Egypt has, in the past, indicated it will go to war if its share of the Nile is reduced. Talks continue, but the impasse is driving the region towards a crisis to which there is no easy resolution.     

From the people's army to the Jewish people's army: the IDF's force structure between professionalization and militarization

The article discusses processes of “religionization” within the institutional identity and ethos of the Israel Defense Forces (IDF) and the connection of these processes with the significant structural changes the IDF has undergone in recent decades. The main argument presented is that since the late 1980s, the IDF has been in a culture conflict, torn between soldiers and civilians who advocate turning the IDF into a professional army “military professionalization,” and others who wish to preserve, and even strengthen, the “people's army” model. The present article shows that the meaning of the term “people” in this phrase has shifted to refer strictly to the Jewish people, and that a national-ethnic perception strongly influenced by religious-national ideology has been adopted.     

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.     

Power and influence in post-secession South Sudan: A leadership perspective on nation-building

ABSTRACT

Following South Sudan's secession in 2011, the country faced significant political, social and economic challenges. The country emerged from a long andarduous nation-building journey, including almost 50 years of violent conflict, that would continue after declaring independence. This nation-building process would suffer a significant set-back in December 2013 when the most recent civil war broke out. This article provides a new perspective on South Sudan's nation-building trajectory that tends towards violence and complicates peace-building. It does so by utilising the leadership process approach from the Leadership Studies literature. While popular literature and commentary tends to fault the South Sudanese elite for the current crisis, there has not been a systematic effort to understand the leadership challenge and its role in conflict, peace and nation-building in South Sudan. In this article, South Sudan's nation-building process and its three primary components of (a) identity construction, (b) statehood and (c) collective will and responsibility, are analysed from a leadership perspective, focusing on issues of power and influence. The conclusion is reached that South Sudan's nation-building has been and will likely continue to trend towards a violent process due to a leadership process that lacks mutuality and is founded on insufficient sources of power.     

An overview of conflict in Africa in 2014

Violent conflict escalated in Africa in 2014, with five sub-Saharan states – the Central African Republic (CAR), Nigeria, Somalia, South Sudan and Sudan – accounting for an estimated 75% of all conflict-related deaths on the continent. This paper provides an overview of the five major sub-Saharan African conflicts in 2014 and considers the underlying causes and dynamics in the Seleka/anti-Balaka conflict in the CAR, the Islamist threats of Boko Haram and al-Shabaab in Nigeria and Somalia, the civil war in South Sudan, and the long-running conflict between Sudan's government and southern and Darfuri rebels. The paper unpacks the general trends evident in these conflicts and the implications for the settlement thereof, including the targeting of civilians, ethnic and religious mobilisation and the state as epicentre of violence. The paper concludes with a brief look ahead to 2015.     

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.     

Kazakhstan's Nuclear Decision Making, 1991–92

This article examines Kazakhstani nuclear decision making from December 1991 to May 1992. The study is based on unique archival data and reveals how Kazakhstan's policy makers solved a nuclear dilemma that the nation faced in its first years of independence. The article reconstructs the internal policy-making process behind the decision made by President Nursultan Nazarbayev and his circle of advisors to accept non-nuclear status. The author argues that Almaty elaborated a deliberately ambivalent strategy toward the republic's nuclear status with the aim of maximizing the state's strategic interests. The article reviews external pressures affecting Nazarbayev's course of action and discusses policy options articulated during this period.     

THE DEMOCRATIC REPUBLIC OF CONGO

The armed conflict in the DRC has been characterised by appalling, widespread and systematic human rights violations. It varies from civil war to a war between national armies. Much of the conflict falls between these two categories due to the involvement of foreign troops in civil strife, as well as foreign rebel groups fighting their home government's troops but on Congolese soil. The most pressing need is to cease hostilities and address the humanitarian situation in the country. Questions of justice and accountability, and issues relating to the rule of law will have to be addressed soon in order to achieve a durable peace in the country and in the region. Since there are links between different conflicts in the region, a broader solution should preferably be found. However, this would further complicate an already difficult proposition. Efforts limited to the DRC would be more feasible and could lead to similar measures in other conflict ridden countries in the region. This essay therefore discusses the available processes for justice.     

‘Fighting for peace’

In Africa, most of the present conflicts are civil, intra-state wars where belligerent groups use guerrilla tactics to achieve various political, economic or ideological objectives. The atrocities and the effect of these on-going wars on innocent civilians, human suffering, poverty and development are beyond comprehension. Not surprisingly, the majority of current peace operations are in Africa, with more than 70 countries contributing forces to these conflict zones. On the continent, South Africa has come to assume a leading role in peace operations and is now a major troop-contributing country to UN and AU missions. In the past 11 years, the South African National Defence Force (SANDF) has taken part in no fewer than 14 peace missions. This article provides a brief background of the conflicts in Burundi, the Democratic Republic of Congo (DRC) and Sudan, the different United Nations (UN) and African Union (AU) mandates under which peacekeepers had to operate as well as their objectives, and the extent of South Africa's involvement in the various missions. In the last section, the major challenges, that these operations have posed are highlighted.     

Basra's not Belfast: the British Army, ‘Small Wars’ and Iraq

This article examines British Army operations in Iraq. It focuses on the causes of the army's apparent failure to live up to its reputation for the conduct of small wars. The paper discusses the British experience of small wars in the context of Iraq, the influence of doctrine and strategy, and the political and moral factors that shaped the army's performance. The paper's conclusions suggest that the Iraq War may cause a significant reappraisal, not just of military doctrine and strategy, but also of Britain's role in future small wars.     

The strategic purpose of individual augmentee officers for junior partners in multinational military operations

ABSTRACT

This article examines the strategic purpose of Individual Augmentee Officers (IAOs) for junior partners in multinational military operations through an exploratory case study of Danish IAOs in Iraq and South Sudan between 2014 and 2017. IAOs are individual officers who are moved from their normal functions to be seconded to other units of the armed forces of their own or another country or an international institution. The study concludes that IAOs function as strategically important, yet not necessarily indispensable, supplements to military contingents in several ways: making tangible contributions to the overall mission (contributing), gaining access to information, knowledge, and experience (learning), and lobbying decision-making processes within mission headquarters (lobbying). The usefulness of IAOs depends on whether the junior partner has specific interests and a significant presence in the theatre and whether the mission is conducted as a UN mission, a NATO mission, or an ad hoc coalition.     

Coping with traps of vulnerability: a review of the impact of post-colonial issues on the independence of South Sudan

In a world virtually free of slavery and colonialism and one mainly driven by the sovereign state rationale, allusion to manifestations or the existence of some form of these phenomena within a state is often received with dumbfounding indifference or denial. However, a form of rule that had continued in South Sudan long after the departure of the British in 1956 was colonial both in its quintessence and flair in that it disenfranchised its citizens and denied them the most basic freedoms, services and development. Under this establishment, resistance against the coercive vision of the state was brutally suppressed for many decades. This state of affairs finally ended in July 2011. Nonetheless, there is a miscellany of unresolved post-colonial issues between the two countries that warrant attention. These include security and the demarcation of borders, the issue of ludicrous transit fees for South Sudan's oil exportation through Sudan, citizenship, external debt repayment, etc. These issues are part of traps inherited from the anti-colonial struggle, which have now supplanted the old ensemble of North–South conflict paroxysm. As a matter of urgency, the two countries will have to wrap up the incomplete process of negotiation on these substantive issues. The talks should be approached with a new mindset based on the new reality of two sovereign states. To the extent that it is widely established that South Sudan and Sudan must coexist peacefully in order to develop into viable entities, such mutual dependency must be based on equality and respect.     

Notes on contributors

In 1897 and 1898, Winston Churchill participated in what late Victorian Britain termed ‘small wars’, first on India's northwest frontier and then in the vast wasteland of the Sudan. Churchill chronicled his experiences in these conflicts in personal letters, dispatches to newspapers, and in his first two books, The Story of the Malakand Field Force and The River War. These writings provide a snapshot of a particular period in the formative years of the great statesman, demonstrating through Churchill's eloquent analyses many of the contradictions concerning the conduct of small wars that have emerged in the present era.     

Preventing the ‘Smiling Buddha’: British-Indian nuclear relations and the Commonwealth Nuclear force, 1964–68

This article examines two related issues: the policy objectives pursued by the British government to prevent India from developing nuclear weapons and the challenges presented to the Indian government in balancing Gandhian idealism with the reality of nuclear diplomacy. Building on recent research, the following issues are explored: the implementation of Anglo-American non-proliferation policy in Asia, the provision of security guarantees for India and Pakistan and the UK proposal to establish a Commonwealth Nuclear force as a means of maintaining British influence in the region. The analysis is placed within the context of Britain's overall defence policy during the 1960s focusing particularly on the British withdrawal from East of Suez and the development of nuclear-sharing arrangements within NATO. The article argues that the Wilson government regarded security guarantees for India as an obstacle towards the successful conclusion of a non-proliferation agreement. Britain's primary objective in advancing the concept of a Commonwealth Nuclear Force was not to increase Indian security in the face of Chinese nuclear threats but to explore possible options to internationalise Britain's nuclear forces after initial plans for a NATO nuclear force had failed.     

AFRICAN REGIONAL ORGANISATION' PEACE OPERATIONS

This paper reviews recent developments among African regional organisations in undertaking peacekeeping operations, as well as in preparing for future missions. It focuses on those that have been the most active: the Organisation of African Unity/African Union, the Economic Community of West African States and the Southern African Development Community. The paper goes on to briefly describe and analyse the activities of the French, UK, and US capacity-building programmes designed to develop African peacekeeping capacities. The author then identifies some specific concerns and recommends actions to help meet today's challenges. The paper concludes with a short analysis of African organisations' capacities and proclivities to provide a peacekeeping force for Sudan.