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.     

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.     

Turning the tides of war: The impact of private military and security companies on Nigeria’s counterinsurgency against Boko Haram

Since the 2003 war in Iraq, private military and security companies (PMSCs) have become increasingly legitimate actors in modern conflicts. Despite this normative shift, rumours in March 2015 regarding the use of South African mercenaries in Nigeria to combat Boko Haram insurgents caused an international outrage, while the Nigerian government remained nonchalantly silent on the matter. This article investigates the impact of mercenaries on the conflict in the last six months of the Jonathan government. Using primary and secondary qualitative research, it assesses the role that PMSCs played in Nigeria’s counterinsurgency strategy, along with the ensuing reaction of international and local media to the outsourcing of violence to foreign companies. The article concludes that – notwithstanding the improved image of PMSCs in the world, and the actual impact of the contractors on the Nigerian counterinsurgency effort – the stigma of mercenaries continues to plague the industry, particularly on the African continent.     

The market and the military profession: competition and change in the case of Sweden

The rise of private military and security companies (PMSCs) challenges our notion of military professionals. PMSCs bring new claims to professional status and legitimacy outside military institutions and represent an increasing diffusion of - and competition over - military and security expertise. In light of this development, understanding the formation of professional identities in military and private security organisations is as an important undertaking. This paper contributes to this endeavour by analysing professional self-images in the Swedish Armed Forces and how these relate to PMSCs. The study is based on data collected from official documents, semi-structured interviews and a small-scale survey among senior military officers. Focusing on military understandings of PMSCs and contractors, the analysis provides much-needed insight into relational aspects of professional identity formation outside the US context. Furthermore, it points to discrepancies in organisational and group levels in understandings of commercial security actors, and paves the way for future research.     

Convoys to combat Somali piracy

As the world becomes increasingly globalized, interruptions to international trade cannot be permitted. Piracy off the coast of Somalia has hampered international trade in the region and poses significant risks to the sailors required to navigate those waters. Over the past three years the global community has attempted, through a number of different naval tactics, to stop these acts of piracy; however, these tactics have proven ineffective. This article looks at historical precedence and military theory to support the concept of using convoys to protect the thousands of cargo vessels traveling round the Horn of Africa every year. This tactic will greatly decrease the number of successful pirate attacks and save countless lives in the process.     

Deterring the Undeterrable: Coercion,Denial, and Delegitimization in Counterterrorism

This article argues that deterrence theory can be applied to counterterrorism. Doing so requires broadening the traditional concept of deterrence by punishment, expanding deterrence by denial to include defense, mitigation, and strategic hindrance, and developing deterrence by delegitimization to influence the political, ideological, and religious rationales informing terrorist behavior. In practice, deterring terrorism requires tailoring threats against state and individual facilitators, diffusing the intended consequences of terrorism, and manipulating terrorist self–restraints. When these and other deterrent leverages are applied simultaneously against various actors and processes involved in terrorism, coercion can be achieved.     

ARMED NON-STATE ACTORS IN AFRICA AND THE BAN ON ANTI-PERSONNEL LANDMINES

A truly universal ban on anti-personnel mines cannot be realized without engagement of armed non-state actors and armed groups operating outside state control, including rebels and national liberation movements. Events after 9/11 have complicated engagement with organizations that can be classified as ‘terrorists’. Yet, the use of anti-personnel landmines itself can be viewed as an act of terrorism and African leaders have, on various occasions, classified the use of landmines and the presence of unexploded ordnance as engendering insecurity and a serious impediment to development. The success of a total ban ultimately depends upon ensuring that armed non-state actors act in accordance with international humanitarian law. The Geneva Call Deed of Commitment for Adherence to a Total Ban on Anti-Personnel Mines and for Cooperation in Mine Action (DoC) might be described as an alternative instrument to the Anti-Personnel Mine Ban Convention and can serve an important and impartial channel of communication with non-state actors. Already 18 armed groups in Africa have signed the Geneva Call DoC.     

Armed Groups and the Politics of Legitimacy

This article serves as an introduction to a special section on the question of the legitimacy of non-state armed groups. Starting with a short discussion of the literature on armed groups as political actors, the authors emphasize the importance of the often-underestimated dimension of legitimacy. After having conceptualized legitimacy in more detail, the article addresses three key challenges armed groups usually face regarding the politics of legitimacy: first, they need to legitimize the use of violent means; second, for moral and material support, they depend on beliefs of legitimacy; and third, they need to simultaneously address various domestic and international audiences. Finally, the authors highlight a number of pending questions for further research on armed groups.     

Explaining the impact of militancy on Iran–Pakistan relations

ABSTRACT

Sectarian militants have for years launched attacks from Pakistan across the border to Iran. Finding sanctuary in a neighbouring country can make the difference between success and failure for militants. Conventional wisdom holds that a lasting transnational militancy challenge would typically create serious interstate conflict. Militancy has triggered armed encounters between Iran and Pakistan. This article argues that despite some tension militancy has resulted in deeper cooperation in the ambivalent dyad. Both states’ overarching security concerns, having exhausted other options, the believed involvement of third-party states, and economic potential, have moderately alleviated negative pressure caused by militancy.     

The politics of international chemical weapon justice: The case of Syria, 2011–2017

There has been near-universal condemnation of the use of chemical weapons in the Syrian conflict. The international community has nevertheless struggled to make progress on holding the perpetrators to account. This article reviews developments at the international level in terms of Syrian chemical weapon justice between 2011 and 2017. It argues that there have been substantive disagreements between states on the rationale and means of justice in the Syrian case. It also argues that international initiatives have been tightly intertwined with developments in chemical disarmament and conflict resolution processes as well as the broader war. The article describes progress and challenges to chemical weapon justice in a number of distinct formal international mechanisms during the period studied. The analysis concludes by contextualizing international responses—including the U.S. tomahawk strikes against a Syrian airbase—to the Khan Shaykhun chemical attacks of April 2017.     

The National Movement for the Liberation of Azawad factor in the Mali crisis

Mali has been a battleground for more than a year now. While the armed conflict came in the aftermath of the Libyan crisis that left the regional security environment depleted, it also served as a catalyst for the collapse of state authority in Mali. This created conditions conducive for the proliferation of, and attacks by, radical religious armed groups in the northern regions of the country, including the Tuareg armed movement: the National Movement for the Liberation of Azawad (MNLA). But, far from being a new phenomenon, the Tuareg-led armed insurrection in the northern regions is as old as the post-colonial Malian state, and continues to pose tremendous challenges in West Africa and the Sahel region for both regional and extra-regional actors. The recent crisis in the Sahel region is seen as one of the most serious since the end of the Cold War, with anticipated dire long-term impacts on the security of the region and beyond. While attention is predominantly focused on defeating the jihadist groups that have threatened the survival of the Malian state, one must not lose sight of the fact that the ‘Tuareg Factor’, as represented by the rebellion launched by MNLA, remains critical both in terms of appreciating the deterioration of the situation and attempting to frame long-lasting solutions. The paper argues that the Tuareg's persistent recourse to rebellion against Bamako needs to be understood within a historical trajectory that takes into consideration three key parameters: firstly, the post-colonial state in Mali and its African leadership's relations with the descendants of the Tuareg communities; secondly, the amalgamation created by the so-called war on terror; and, finally, the contradictions of the democratisation process of the 1990s.¹1 This article is based on field research carried out between 2008 and 2013 on the ‘Resurgence of Tuareg-led Rebellions’.     

Joint Publication 3-07.15 Tactics,Techniques and Procedures for Advising Foreign Forces and the American Mission

US Army Major Paul Marks discusses the history of American advisory efforts during the Cold War and recommends that the concept and the use of advisors be revived as a tool of contemporary American foreign policy. The failure of American advisors to turn the South Vietnamese armed force into a viable entity and the lack of public knowledge about the success of advisors in El Salvador in the 1980s contribute to a bias against advisors in the public, the government, and the military. The article argues that in today's evolving security environment where the large scale commitment of US troops is neither feasible nor necessary, US national interests can still be advanced through the judicious use of advisors. The article proposes a Joint publication as the doctrinal basis for the employment of advisors.     

Pakistan’s nuclear weapons: how safe is safe enough? Transparency versus opacity

Due to expanding and increasing religious extremism and terrorism coupled with political instability in Pakistan, most western observers believe that Pakistan's nuclear weapons are not secure and could be taken over by terrorists. This would have adverse implications for the region and for global peace, especially for the security of USA and Europe. This article argues that this perception is based on a flawed understanding and knowledge of how Pakistan's command and control setup has evolved and operates. Pakistan's nuclear weapons are as safe as any other state's nuclear weapons. Pakistan has also been active in supporting and participating in global efforts to improve nuclear safety and security. Over the years, Pakistan has been quite open in sharing information regarding how it is improving its command and control system with western governments as well as scholars. This article argues that the steps Pakistan has taken to secure its nuclear weapons are adequate and that Pakistan would continue to further strengthen these measures; however, it is the expanding religious extremism, terrorism and anti-Americanism in the country which make the international perception of Pakistan extremely negative and then seep into the perception of Pakistan's nuclear weapons safety and security.     

Dangerous work: Terrorism against U.S. diplomats

The goal of diplomats is to represent their countries’ interests through diplomacy, not arms. Because they are not military personnel, they may be perceived as at lower risk of being the target of terrorists. However, recent events have called this perception into question. Despite this danger, there has been little research on terrorist attacks against diplomats. Drawing on the terrorism studies literature, this article argues that diplomats are targeted more than non-diplomatic targets in countries where certain U.S. foreign policies are implemented. An empirical analysis of 471 attacks against U.S. diplomats from 1970 to 2011 reveals that while U.S. alliances and foreign aid increase the likelihood of attacks against diplomats, U.S. military intervention and civil war, on the other hand, increase the risk of terrorism against non-diplomatic targets. This finding is relevant because it shows terrorist attacks against diplomats result from certain types of foreign policy.     

Drone Strikes and Grand Strategy: Toward a Political Understanding of the Uses of Unmanned Aerial Vehicle Attacks in US Security Policy

This article analyzes the political utility of US drone strikes theoretically and deductively. Placing strikes within the context of the theorized political functions of force and considering how they fit into two grand strategies, restraint and selective engagement, I argue that these strikes buy the United States relatively little in the way of political effects assuring its own security because the terrorism threat they are intended to combat is a limited one within the skein of US global interests. Furthermore, their contribution to counter-terrorism efforts is likely to diminish with the adoption of armed drones by non-state actors. Drone strikes can, however, provide leverage over recalcitrant US client states while reassuring liberal partners and giving them some leverage over US choices. In addition, within the counter-terrorism sphere, drone strikes are less likely to inflame popular opinion than are alternative uses of force. This analysis contributes to an increasingly rigorous examination of the strikes’ role in US foreign and security policy.     

Civil-military relations and human security in a post-dictatorship

This article explores current developments in Chile, where since the return to democracy in 1990, the elected authorities have reconfigured the nation’s military resources in favour of four action pillars: peacekeeping and international conflict management, landmine removal and gun disarmament, emergency and catastrophe response, and a concern for human, economic and social rights. Successive defence policies offer a valuable case study for exploring the trade-offs between security, traditional and non-traditional threat management and institutional capabilities. The article argues that human security policymaking is not free from undesired outcomes; specifically, regarding how to reconvene the role of the armed forces when conventional war seems a thing of the past. The paper focuses on the interagency policy implications and the challenges ahead for civilians and the military.     

Beyond the state: reconceptualising African security in the 21st century

Confronted with myriad security challenges, African states and the much-vaunted peace and security architecture of the African Union (AU) has proven not to be up to the challenge. Indeed, this is implicitly acknowledged by the AU itself if one considers the creation of such security structures as the African Mission in Somalia (AMISOM), which exists outside its peace and security architecture. This paper argues for a radical rethink of security structures on the African continent – one in which state structures of security coexist with newer forms of security actors, including private military companies (PMCs), community movements and the business sector. Whilst this shift in security actors is already happening on the ground, policymakers need to embrace this new reality.     

Metastases: Exploring the impact of foreign fighters in conflicts abroad

This article examines the historical impact of foreign fighters and how the international community has sought to counter this threat. It argues that foreign fighters have contributed significantly to the metastasis of Salafi-jihadism over the past 30 years. They have globalized local conflicts. They have brought advanced skills to battlefields. Further, the logistics infrastructure built by foreign fighters has allowed Salafi-jihadism to expand rapidly. The challenge for security officials today is how to prevent the foreign fighters in Syria and Iraq from expanding the threat of Salafi-jihadism further. To inform this effort, this article derives lessons learned from past efforts against Arab Afghans in Bosnia (1992–1995) and Abu Musab al-Zarqawi’s foreign volunteers in Iraq (2003–2008).     

Bridging the Gap: Mobilisation Constraints and Contractor Support to US and UK Military Operations

The increasing use of private military and security companies (PMSCs) has attracted considerable scholarly attention due to its corrosive effects on US democracy. Drawing on neoclassical realism, this article provides a comparative dimension to the study of the political drivers of military privatisation by analysing contractor support to US and UK operations in Iraq and Afghanistan. Domestic political constraints have shaped both US and UK response to the need for more boots on the ground, increasing the propensity to use contractors as a force multiplier in spite of their problematic impact on military effectiveness.     

From combat to non-combat action

This paper examines the rationale and centrality of private military and security companies (PMSCs) in humanitarian assistance operations in Sudan, asking why PMSCs are involved in humanitarian assistance operations in Sudan and what the principles underlying their activities are. To answer this question, the paper draws attention to the link between humanitarian crises and PMSC interventions. Where there is no meaningful alternative intervention, undergirded by humanitarian concerns that are also profit driven, PMSCs come in to provide the needed services. The protracted and complicated internal armed conflicts in Sudan, which have lasted for over two decades, have produced as many as 4,8 million internally displaced persons (IDPs) – the single largest number in the world. The kind of humanitarian assistance operations provided by PMSCs in Sudan have become critical to the provision of much-needed services which were inadequately provided by governmental authorities at both unilateral and multilateral levels. This paper argues that the humanitarian crises in Sudan created a regime that permits humanitarian assistance operations by both state and non-state actors.