ALTERNATIVE NARRATIVES FOR ARMS CONTROL

The efforts of President Barack Obama and his administration to restore the United States as a driving force of multilateral arms control and nonproliferation negotiations are commendable, yet the lack of progress on such issues over the last eight years has ensured that U.S. policy has not kept pace with changes in the geostrategic environment and the evolving security agenda. Meanwhile, an alternative agenda has been articulated by non-Western countries. This article focuses on the arms control perspectives of Non-Aligned Movement states and others that have begun to embrace the idea of “disarmament as humanitarian action.” It explores this idea in the context of recent initiatives and argues that if the Obama administration wants to make progress on its arms control and nonproliferation priorities, it should consider a multifaceted approach that incorporates this emerging alternative agenda.     

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.     

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.     

A Rejoinder to Peter M. Sales

This analytical article asks the question: to what degree did the media contribute to the Rwandan genocide and what might have been done about it? In examining the historical development of mass media in Rwanda, this paper argues that while hate media clearly contributed to the dynamics that led to genocide, its role should not be overstated. While it is commonly believed that hate media was a major cause of the genocide, instead it was a part of a larger social process. The use of violent discourse was at least as important as, for example, the availability of weapons in carrying out the genocide. Put another way, violent discourse was necessary but not sufficient by itself to cause the genocide of 1994. In arguing this thesis, Rwandan history is examined to demonstrate the processes of communication in the formation of destructive attitudes and behaviour. Next, analysis of the methods and content of propaganda campaigns is discussed. Finally, an overview of the requirements and organizations for third parties to conduct international communication interventions is presented in the last section.     

White hull or white elephant? Soft power and the Chinese hospital ship,the Peace Ark

Although soft power is now seen as an indispensable foreign policy tool, its efficacy has rarely been put to a rigorous empirical test. Using data from HARMONIOUS MISSIONs 2010, 2011 and 2013, this article seeks to examine the degree to which the soft power engagement missions of the Chinese hospital ship, the Peace Ark, has advanced Chinese interests. Although any conclusions drawn must be considered preliminary, as so little time has passed between the ship's visits and the current analysis, this research indicates that these missions’ impact on advancing Chinese interests was at best limited. Although observations from a single set of cases are unlikely to settle the debate between soft power advocates and detractors, it is hoped that this research will serve as a catalyst to further empirically based research on this topic.     

Police Corruption: Towards a Working Definition

According to the International Committee of the Red Cross (ICRC) publication Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law, all civilians (including child soldiers) lose their immunity from direct targeting ‘for so long as’ their actions amount to direct participation in hostilities. All civilians can, however, access the revolving door of protection and return to their civilian activities – complete with full immunity from direct targeting – provided the nature of their direct participation was spontaneous and disorganised. Once it can be ascertained that their participation in hostilities amounts to continuous combative functions, they relinquish their access to the revolving door of protection, and can be targeted at all times until they abandon their formal or functional membership of the belligerent group. This piece analyses how the revolving door phenomenon and the notion of continuous combative functions apply in instances where civilian child soldiers are directly participating in hostilities.     

US warfare in Somalia and the trade-off between casualty-aversion and civilian protection

This article examines the ways in which the two normative concerns of casualty-aversion and civilian protection influenced US military strategy in the particular context of the asymmetric conflict in Somalia in the early 1990s. The article critically evaluates US military operations through the prism of international humanitarian law and examines whether American forces started prioritizing casualty-aversion over the safeguarding of Somali civilians. Finally, by drawing on emerging moral guidelines (such as Michael Walzer's idea of ‘due care’), the article examines whether lower numbers of Somali civilian deaths could have been achieved if marginal increases to the risks faced by US soldiers had been accepted.     

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.     

A Critique of the Right Intention Condition as an Element of Jus ad Bellum

According to just war theory, a resort to war is justified only if it satisfies the right intention condition. This article offers a critical examination of this condition, defending the thesis that, despite its venerable history as part of the just war tradition, it ought to be jettisoned. When properly understood, it turns out to be an unnecessary element of jus ad bellum, adding nothing essential to our assessments of the justice of armed conflict.     

BEYOND DECLARATIONS OF INTENT

This essay explores the obligations arising from the United Nations Convention against Transnational Organised Crime, signed in Palermo, Italy at the end of 2000. It also discusses the initiatives required to prepare the legal system and related infrastructure of Zimbabwe for its implementation. Zimbabwe joined more than 120 other countries in signing the Palermo convention, but has not yet ratified it. The ratification would enshrine the latest initiatives to develop effective strategies against transnational organised crime. The Palermo convention makes demands on the laws and institutions of states parties which could enhance their capacity to confront organised crime. Ratification signifies competence to implement the prescribed obligations, which can only occur after introducing suitable domestic laws, and adopting the necessary administrative mechanisms. The required reforms are bound to have certain policy and legislative implications for Zimbabwe. Regional initiatives complementary to the Palermo convention are expected to catalyse positive changes in Zimbabwe's response mechanisms.