Combining restorative justice and social justice: Prospects of child soldiering transitional justice

ABSTRACT

The most critical challenges faced by war-affected communities where children have allegedly perpetrated atrocities include: finding transitional justice practices that address the needs of former belligerent children and those of victims and their communities; and helping to reintegrate child soldiers into society and avoid returning to hostilities. This paper demonstrates that these challenges can be overcome by taking a holistic approach to child soldiering transitional justice, which assimilates restorative justice and social justice. Such an approach simultaneously addresses child soldiers’ criminal accountability and pursues their psychosocial wellbeing. The findings are based on a selective scholarship supported by fieldwork that was conducted in the Democratic Republic of Congo between May and December 2014 in North Kivu province. Data was gathered through semi-structured interviews, focus group discussions and survey questionnaires based on a randomised sample of 282 participants. These included self-demobilised child soldiers, members of war-affected communities, students/learners, educators, local traditional leaders, government officials, child protection lawyers and members of non-governmental organisations.     

War,vagueness and hybrid war

It has frequently been observed in the literature on hybrid wars that there is a grey zone between peace and war, and that hybrid wars are conflicts which are not clear cases of war. In this paper, I attempt to illuminate this grey zone and the concept and nature of war from the philosophical discussions of vagueness and institutional facts. Vague terms are characterized by the fact that there is no non-arbitrary boundary between entities which lie in their extension, and entities which do not lie in their extension. I apply a theory of vagueness to notions such as “war” and “peace” and go on to suggest that the exact boundary for what counts as a war or not is arbitrary. However, the context in which the conflict occurs determines a range of possible locations for this boundary. The most important contextual parameter is in this respect how the parties to the conflict themselves conceptualize the conflict. I suggest that this can in various ways help us understand grey-zone conflicts.     

The Clausewitzian fallacy of absolute war

Clausewitz was much preoccupied with the apparent contradiction between real and absolute war. Why did war in history so rarely exhibit the extremes of violence and energy implied in the pure concept of war? Clausewitz’s commentators have usually followed him in thinking that this was a genuine problem in need of a solution, but I want to question that view. I will argue that Clausewitz did not have a coherent philosophy of absolute war, and therefore the contradiction he posited between real and absolute war was equally meaningless – as, too, was his effort to resolve it by claiming that some real wars approached or even attained the absolute form of war. The real problem was not the opposition of real and absolute war, but the self-contradictory theory of absolute war.     

Reconsidering the Legal Equality of Combatants

ABSTRACT

The legal equality of combatants (LEC) is a fixture of international law and just war theory. Both scholars who embrace and those who reject the moral equality of combatants seem committed to the legal equality of combatants. Their reasons usually include pragmatic worries about unjust combatants committing even more harm if they were to be simply prohibited from fighting. In this article I argue that this sweeping commitment to the legal equality of combatants is mistaken and that it is often grounded in a misunderstanding of the way international law governs behavior.     

信息战的内容与现状

详细介绍了信息战的基本知识,重点分析了北约在科索沃的信息战的著名战例,对现代战争的信息战形式和措施也作了阐述。     

Understanding women at war: a mixed-methods exploration of leadership in non-state armed groups

ABSTRACT

Recent efforts aimed at understanding women’s contributions to nonstate armed groups have produced large-scale data sets on female combatants (Wood and Thomas 2017) and more limited data on women’s roles as supporters and leaders in armed groups (Henshaw 2016; 2017, Loken 2018). The present study aims to build on this literature by providing new data on the scope of women’s leadership in insurgent groups. While existing quantitative literature has focused mostly on the experience of female combatants, we argue that the presence of women in leadership roles is crucial to understanding how gender might influence the outcomes of insurgency. We introduce new data on over 200 insurgent groups active since World War II. While our analysis confirms earlier small-sample work demonstrating women’s presence in leadership roles, a qualitative analysis reveals that leadership is often gendered–revealing patterns of tokenization and tracking women to low-prestige leadership roles. At the same time, our findings challenge past research on jihadist organizations, showing limited expansion in the authority of women.     

Operational aspects of a future war between Egypt and Israel

The peace treaty between Israel and Egypt has survived since 1979. Even so, following the events in Egypt, there is a growing tension between the two states, particularly surrounding the Sinai, which could cause a crisis and even a war. In such a case, the main battlefield would be in Sinai, and there would be several dominant aspects. Some of them would appear for the first time, compared with previous wars, such as a collision between Israeli and Egyptian units of around corps size. Other aspects would be more familiar, such as the ratio between the size of the forces to that of the battlefield, the “fog of war,” night fighting, “friendly fire” and deception.     

Right Intention and the Ends of War

The jus ad bellum criterion of right intention (CRI) is a central guiding principle of just war theory. It asserts that a country’s resort to war is just only if that country resorts to war for the right reasons. However, there is significant confusion, and little consensus, about how to specify the CRI. We seek to clear up this confusion by evaluating several distinct ways of understanding the criterion. On one understanding, a state’s resort to war is just only if it plans to adhere to the principles of just war while achieving its just cause. We argue that the first understanding makes the CRI superfluous, because it can be subsumed under the probability of success criterion. On a second understanding, a resort to war is just only if a state’s motives, which explain its resort to war, are of the right kind. We argue that this second understanding of the CRI makes it a significant further obstacle to justifying war. However, this second understanding faces a possible infinite regress problem, which, left unresolved, leaves us without a plausible interpretation of the CRI. This constitutes a significant and novel reason for leaving the CRI out of the international law of armed conflict (LOAC).     

Case Study Commentary and Analysis: The Moral Sword of Damocles

Case summary, by James Cook (Case Study Editor):

In the final issue of the 2015 volume of the Journal of Military Ethics, we published a case study entitled “Coining an Ethical Dilemma: The Impunity of Afghanistan’s Indigenous Security Forces”, written by Paul Lushenko. The study detailed two extra-judicial killings (EJKs) by Afghan National Police (ANP) personnel in an area stabilized and overseen by a US-led Combined Task Force (CTF). To deter further EJKs following the first incident, the CTF’s commander reported the incidents up his chain of command and used the limited tools at his disposal to influence local indigenous officials directly. Apparently, the ANP unit took no notice. In his commentary on the case study, Paul Robinson considered moral compromise in war more generally. Coalition troops in Afghanistan, for instance, have encountered not just EJKs but also sexual abuse of minors, killing of non-combatants, kidnapping, torture, and widespread corruption. What should the soldier on the ground do if indigenous personnel violate Laws of Armed Conflict (LOAC) with impunity? Refusing to serve will not right or prevent moral wrongs, while staying on to fight the good but futile fight will mire the soldier in moral compromise. “?… [S]oldiers faced with this dilemma have no good options. The systemic failings surrounding them mean that it is probable that nothing they do will help”. In a concluding note, I suggested that while an individual soldier may indeed have no good options, as Paul Robinson suggests, that soldier’s military and nation at large are obliged to do what they can. At least, they must keep to the moral high ground so as not to give indigenous security forces an excuse to misbehave, and determine the nature of crimes such as EJKs: are they outlaw acts or in fact endorsed by the indigenous culture and perhaps even government? Below Colonel Dave Barnes, himself a veteran of Operation Enduring Freedom, analyzes Paul Lushenko’s case study at “?…?the local, tactical level: If a commander is in this situation – where her unit witnesses an EJK or other war crime – what should she do?”     

关于高技术力量平战一体国防动员的思考

坚持向科技创新要战斗力,落实到国防动员建设领域,就是要紧紧围绕党在新形势下的强军目标,积极适应现代战争形态新变化、世界军事变革新趋势、总体国家安全新要求和军队使命任务新拓展,加强高技术力量平战一体国防动员,搭建起高技术力量在经济与军事、地方与军队、潜力与实力、平时与战时的桥梁和纽带,全面提升国防动员战时应战、急时应急、平时服务能力,为保障军队能打仗、打胜仗提供强大科技支撑。     

What Goes Up Must Come Down: Military Expenditure and Civil Wars

Abstract

This paper examines the impact of civil war on military expenditure. We employ two measures of military expenditure: the share of military expenditure in general government expenditure and the logarithm of military expenditures. We would reasonably expect a priori that military expenditure as a share of general government expenditure increases during a civil war and that such increases would taper off over the duration of a civil war. We also explore whether the termination of a civil war induces a decline in the share of military expenditure as a share of the general government expenditure in the short-run. We find evidence the of share of military expenditure increases during a civil war and falls in the year succeeding the end of a civil war, and, in particular, if a war ends in a peace treaty. The level of military expenditures, however, rises during civil wars and does not appear to decline in the short-term after the end of a civil war.     

A war of attrition: Sri Lanka and the Tamil Tigers

After decades of fighting, the secessionist war between the government of Sri Lanka and the secessionist movement known as the Tamil Tigers of Eelam continues. Military operations have failed to achieve a decisive victory over the other side. This article aims to prove that the Sri Lankan civil war should be regarded as a war of attrition, as military actions have failed, and possibly will continue to fail, to produce a victor.     

Gendered divisions of military labour in the British armed forces

This paper examines statistical data on the employment of women in the British armed forces. It reviews some of the issues shaping debates about women’s military employment, in order to establish the on-going significance of the topic. It looks at patterns of female military employment across the three services, and places discussion of this in the context of observations about gendered divisions of labour in the wider UK labour market. It examines data for the gendered divisions of labour within different corps, branches and occupational groups within each of the three armed services, and looks at gender patterns across ranks. It concludes by discussing the implications of these findings for both policy and conceptual work on women’s military participation.     

The social structure of armed groups. Reproduction and change during and after conflict

Current research on civil wars and conflict increasingly turns to the inner structure and functioning of state and non-state armed groups and their impact on aspects such as violent practice, internal cohesion and the dissolution of these groups during the conversion to peace. The first aim of this introduction is to set out the theme of this Special Issue on the social structure of armed groups and previous research within the field. The second aim is to introduce the contributions within the Special Issue, alongside possible trajectories of future research on the ‘meso-foundations’ of civil war and conflict.     

Turning gangsters into allies: the American way of war in Northern Afghanistan

ABSTRACT

The American way of war in Afghanistan presents a conundrum for proponents of 21st-century state-building projects. How can liberal peace proponents engage in efficient state building without sacrificing their ideals? The US learned that state-building allocates a degree of command and control to powerbrokers operating in the shadows to launder aid money, traffic illicit narcotics, and engage in extrajudicial punishments. These clients failed to represent the liberal values foreign patrons endorsed, because the latter not only offered resources without conditions but also rewarded bad behavior. This issue is examined by looking at the case of post-2001 northern Afghanistan, where powerful warlords should have held greater control over their paramilitary forces, limited predatory behavior, and built stronger relationships with the community. Instead, warlords-turned-statesmen expanded their material and social influence in the north, while holding onto the informal instruments of racketeering and patronage that overwhelmed Western ideals and shaped the predatory state present in Afghanistan today. Moreover, paramilitaries were influenced by material, social, and normative incentives that rewarded violent and predatory behavior and further eroded already weak community control mechanisms at the subdistrict level.     

The American way of war in Africa: the case of Niger

ABSTRACT

Increasing attention paid to US casualties in far-flung places such as Tongo Tongo, Niger, and headlines claiming ‘secret wars’ have fueled discussion about American military’s involvement in Africa. Though the continent has been a part of the American way of war since the beginnings of the US – consider the early combat actions of US Marines in Tripoli –, current African conflicts are challenging our understanding of war and approaches to winning it. This article examines the ways America seeks to achieve its ends in Africa with a particular focus upon the last 10 years of US counter-terrorism and stability operations in Niger and the Sahel Region. The author proposes unifying American, Allied, and partner efforts through a strategy of Active Containment.     

Two kinds of catastrophe: nuclear escalation and protracted war in Asia

China’s expanding strength and ambition may foreshadow a violent conflict with the United States. I describe two scenarios about how such a conflict would unfold. The article begins by examining the prospects for nuclear escalation, drawing on theories about politics, psychology, and inadvertent escalation. It then examines the prospects for protracted conventional war, a scenario that has received far less attention. I present a new theory of protraction based on technology, geography, and domestic politics. After assessing the logic of both scenarios against a hypothetical US–China conflict, I discuss which is more likely. The conclusion points to a sobering trade-off: efforts to avoid nuclear catastrophe increase the chance of a long and grueling fight.     

Boko Haram and the challenges of Nigeria's war on terror

Boko Haram terrorism has been recognized by Nigerian President Jonathan as the most threatening and complex security issue in Nigeria since independence. In response, the Federal Government of Nigeria has committed itself to different counterterrorism measures, which are largely dominated by “hard politics” and military mobilization. Spending heavily on defense to upgrade military hardware and train personnel in a counterterrorism role, Nigeria has also boosted its strategic importance in the “Global War on Terror”. However, this attempt has become unpopular as it has failed to contain Boko Haram within a short time frame and has made insufficient headway against unabated terror, with human rights costs among the host communities and amidst a surge of stakeholders' discordance. As a matter of concern, this article seeks to assess Boko Haram as an opponent in Nigeria's war on terror (WOT) and to ascertain the challenges the country faces, the alternative measures open to it, and possible ways forward.     

Remembering the war of liberation: legitimacy and conflict in contemporary Algeria

The aim of this article is to consider how Algeria's most prized achievement and treasured memory – the FLN's victory over the French in the war of liberation – has helped stimulate and sustain the violence that has blighted the country since independence. It argues that successive governments have propagated a legend of the war that encourages and legitimises rebellion and armed resistance. By celebrating the actions and achievements of a committed band of revolutionaries they have established a precedent whereby it is every citizen's duty to oppose and resist an unjust government. Time and again therefore, insurgent groups like the FFS, MIA, and AIS have justified their actions and won popular support by portraying themselves as the early FLN's natural heir.