American and European Responses to the Arab Spring: What’s the Big Idea?

The Arab countries straddle the lifelines of world trade. They link Europe to Asia and, with Iran, surround the Persian Gulf home to some 54 percent of global oil reserves. The region’s many international and domestic disputes, as well as restraints on political expression and human rights, have spawned extremism. In turn, the region’s endemic instability or perceived risk of instability has provided cover for some of the world’s most authoritarian and corrupt regimes. Until the turn of this year, the Arab countries had almost uniformly resisted the process of democratization that swept up other regions in recent decades. The series of popular revolts known as the Arab Spring, which began in Tunisia in the last weeks of 2010, has already wrought more change in six months than the region had seen in almost 60 years and there is more to come. Whether or not the Arab peoples’ aspirations for dignity and voice are fulfilled, and how smoothly transitions to democracy proceed, are not just great moral questions they will also determine the region’s stability and its economic prospects for decades to come. At the same time, getting on a path of sound economic growth will greatly enhance the chances that transitions to democracy succeed.

The Myth of a Kinder, Gentler War

The article examines issues arising from the fighting of counter-insurgency wars. The central focus of the article is a recognition that counter-insurgency conflicts are frequently violent and have an impact of civilians who are often coerced and brutalized by both sides involved in fighting. The discussion is centered on the undertakings of American and North Atlantic Treaty Organization troops engaged in the prosecution of the Afghan War. A brief history of counter-insurgency conflicts is provided.

Something’s Gotta Give: Security Sector Reform and United Nations Peace Operations

This article uses security sector reform as a prism for exploring the dilemmas that confront multidimensional United Nations peace operations as they seek to build peace by building states. It claims that the United Nations finds itself severely restricted when trying to translate ideas of human security into practice in the form of a people-centered approach to postconflict security assistance.

The liberal dilemmas of a people-centred approach to state-building

The article explores the dilemmas of providing security assistance to post-conflict states. It argues that when used as a strategy for intervention, SSR exposes the inherent contradictions of liberal peace-building. The article focuses on the Weberian state monopoly versus other—hybrid or non-state—forms of security and justice provision. It presents the background for the discussion and suggests that as a strategy for intervention, the choice is not simply between a top-down ‘imposition’ of a universal state model and a bottom-up ‘working with what is there’ approach. It is also a choice between direct and indirect forms of rule. This makes the dilemma real for liberal-minded practitioners and observers.

Contractors on the ‘Battlefield:’ Providing Adequate Protection, Anti-Terrorism Training, and Personnel Recovery for Civilian Contractors Accompanying the Military in Combat and Contigency Operations

Along with identifying the legal and policy considerations associated with these issues, this Article addresses civil liability to the parent contracting company should it fail to provide adequate protection, or appropriate AT training, or both, to their civilian employees serving overseas in hostile environments. Providing adequate protection, antiterrorism (AT) training and, if necessary, personnel recovery for civilian contractors deployed to support U.S. military operations presents significant legal and policy challenges that both the military and civilian contractor companies have yet to fully appreciate, let alone properly institutionalize. One of the consequences of the global War on Terror is that American and coalition contractors are increasingly subjected to kidnappings, torture, and murder by terrorists, criminal elements, and other insurgency forces. Without question, civilian contractors will continue to be integral participants in the ongoing War on Terror. Therefore, it is imperative that issues of force protection, AT training, and personnel recovery be fully delineated and the related legal contours be more clearly defined.

Security, development and the nation-building agenda in East Timor

State-building has been seen as the path to both security and development in East Timor. State-building, however, has been approached as an exercise in the transfer of key liberal institutions, with relatively little attention paid by either relevant international agencies or the East Timorese government to situating these institutions within a social context. In particular, there has been little effort on the part of central institutions to engage with local, community and customary governance. Building a state in which people do not feel at home and where they do not speak the language of governance threatens to marginalise the majority of the population and is not a recipe for nationhood, democracy or security. Nation-building, by contrast, could suggest a renewed emphasis on the vital connection between central government and people, in which legitimacy is embedded and active citizenship is possible. Thus conceived, nation-building requires processes of communication and exchange that effectively include rural people, their values, practices and concerns, as a nation of citizens requires some shared language and institutions of political community.

Liberia’s Civil War

Offering the most in-depth account available of one of the most baffling and intractable of Africa’s conflicts, the book unravels the tangled web of the war by addressing four questions: Why did Nigeria intervene in Liberia and remain committed throughout the seven-year civil war? To what extent was ECOMOG’s intervention shaped by Nigeria’s hegemonic aspirations? What domestic, regional, and external factors prevented ECOMOG from achieving its objectives for so long? And what factors led eventually to the end of the war? In answering these questions – drawing on previously restricted ECOWAS and UN reports and numerous interviews with key actors – Adebajo sheds much needed light on security issues in West Africa. The concluding chapter assesses the continuing insecurity in Liberia under the repressive presidency of Charles Taylor and its destabilizing effect on the entire West Africa sub-region.

The Dilemmas of Statebuilding: Confronting the Contradictions of Postwar Peace Operations

This book explores the contradictions that emerge in international statebuilding efforts in war-torn societies.  Since the end of the Cold War, more than 20 major peace operations have been deployed to countries emerging from internal conflicts.  This book argues that international efforts to construct effective, legitimate governmental structures in these countries are necessary but fraught with contradictions and vexing dilemmas.  Drawing on the latest scholarly research on postwar peace operations, the volume: adresses cutting-edge issues of statebuilding including coordination, local ownership, security, elections, constitution making, and delivery of development aid; features contributions by leading and up-and-coming scholars; provides empirical case studies including Afghanistan, Cambodia, Croatia, Kosovo, Liberia, Sierra Leone, South Africa, and others; presents policy-relevant findings of use to students and policy makers alike.

The Future of Security Sector Reform

This edited volume accumulates more than a decade’s worth of lessons learned and best practices on SSR.  The book is divided into three parts:  The first part on the ‘origins and evolution of the SSR concept’ charts the development of SSR over the past decade and details the variety of approaches to it that have emerged in that period.  The second part, “from concept to context: the implementation of SSR’ shifts from analyzing wider trends in the concept’s development to the practical challenges surrounding its application in the field.  The third part of the book identifies and breaks down the myriad challenges that confront SSR program, with the issues of local ownership and civil society engagement chief among them.  Chapters on gender, human rights, financing, the private sector, coordination and sequencing are also included.

When States Fail: Causes and Consequences

Since 1990, more than 10 milliion people have been killed in the civil wars of failed states, and hundreds of millions more have been deprived of fundamental rights.  The threat of terrorism has only heightened the problem posed by failed states.  When States Fail is the first book to examine how and why states decay and what, if anything, can be done to prevent them from collapsing.  It defines and categorizes strong, weak, failing, and collapsed nation-states according to political, social, and economic criteria.  And it offers a comprehensive recipe for their reconstruction.  The book comprises fourteen essays on the theory and taxonomy of state failure; nature and correlates of failure; methods of preventing state failure and reconstructing those that do; economic jump-starting; legal refurbishing; elections; demobilizing ex-combatants; civil society building.

Warriors Without Law: Embracing a Spectrum of Status for Military Actors

War today is filled with individuals covered imprecisely, if at all, by the international law of war. The law of war, a largely binary structure, is incapable of classifying the myriad of actors falling somewhere between traditional notions of “combatant” and “civilian.” Though scholars recognize this imprecision among two prominent irregular forces– private military contractors and unlawful combatants–none offer a comprehensive legal revision addressing irregular actors broadly rather than individually. This article offers a new approach that expands both the number of combatant categories and characteristics used to assign actors to these categories. This new structure requires the creation of six new classifications, ranging from traditional, regular combatants to nonparticipating civilians. The new classifications are based on ten characteristics shared by modern forces. The law then maps available privileges and protections to each status classification with an eye towards alignment with the law’s normative purposes. This new scheme will significantly improve the law of war’s ability to precisely ascribe the appropriate protective, targeting, and accountability consequences to today’s battlefield actors.

The Forgotten Threat: Private Policing and the State

What do Disneyland, the Abu Ghraib U.S. military prison, the Mall of America, and the Y-12 nuclear security complex in Oak Ridge, Tennessee have in common? They have wildly different purposes, but they share a common characteristic as employers of private police. This answer–indicative of the prevalence and numbers of private police today–would have struck the nineteenth-century observer as evidence of a gross failure by the state. Yet that reaction, in turn, would seem odd to us. Vocal support of private police can be found among public police chiefs, lawmakers, and even President Bush. What kinds of criticisms were once leveled at private police by public officials? How did one attitude, deeply skeptical of private police, evolve into another that sees heavy reliance upon private policing as beneficial, or at least benign? Here, I take a fresh look at the dynamics of that change, and by doing so, restore to their proper place fundamental questions about the use of police who are privately financed and organized in a democratic society. These questions, and the violent history that midwived them, have been largely and undeservedly forgotten by the legal literature.  Using this historical perspective, I examine the shifting status of private policing: first, by examining the history of public criticism directed against them; second, by recounting the partnership model that first gained a foothold in studies sponsored by the federal government in the 1970s and 1980s; and third, by questioning the meaning and intentions behind the idea of partnership advanced today.

Military Inc.: Regulating and Protecting the ‘A-Team[s]’ of the Post-Modern Era

This Comment argues that private military firms (PMFs) need to be regulated to hold them accountable for their human rights abuses and curb further illegal actions. It also argues that along with regulation should also come protection under international law. Part II of this Comment discusses the history of private military actors from mercenaries in antiquity to the PMFs in the present, highlighting one example of a well-respected group of private actors and another that was despised. This Comment then looks at a sampling of activities of PMFs and looks at cases of human rights abuses by PMPs. Part III discusses the efforts that have been made to regulate PMFs and the successes and shortcomings of these efforts. Part IV then argues that along with regulation, protection of these reallife “A-Team[s]” should also be advanced, specifically by giving PMPs unambiguous prisoner-of-war (POW) status. It then explores a few methods of implementing this legal protection. Finally, Part V concludes by emphasizing the necessity of both regulation of PMFs and protection of their employees.

Between War and Peace: Exploring the Constitutionality of Subjecting Private Civilian Contractors to the Uniform Code of Military Justice during ‘Contingency Operations

In the context of the Global War on Terrorism and modern counterinsurgency operations, the Department of Defense and other agencies within the U.S. government utilize an unprecedented number of private contractors to support missions in Iraq and Afghanistan.These contractors are vital to counterinsurgency efforts because they augment force limitations by performing services ranging from logistics support to security functions. However, unlike members of the Armed Forces who are “accountable under [the Uniform Code of Military Justice] wherever they are located,”  private security contractors fall into “legal ‘gray areas”’ between host-nation laws, domestic criminal laws, and international laws such as the Geneva Convention.  As civilians, they would normally be subject to host-nation laws. In Iraq and Afghanistan, however, contractors are expressly protected by agreements providing immunity from prosecution in the local jurisdiction.  In addition, although Congress passed the Military Extraterritorial Jurisdiction Act (“MEJA”) to hold civilians accountable under domestic criminal laws, MEJA has not been widely utilized due to significant resource limitations. Finally, contractors do not “fit the formal definition of mercenaries” and are thus “undefined by international law.” While perhaps well intended, section 552 raises many questions. One of the most important questions concerns the constitutionality of section 552. On one hand, numerous federal court decisions have upheld military convictions of civilians accompanying the force during times of declared war. On the other hand, the Supreme Court has declared that subjecting civilians to the UCMJ in peacetime is unconstitutional.  As such, the question of whether the UCMJ can be constitutionally applied to civilian contractors during contingency operations, which fall between war and peace, remains unanswered. This Recent Development will argue that, although there are significant due process barriers to constitutionality, these concerns do not completely rule out the possibility of applying the UCMJ to civilian contractors accompanying the force in contingency operations.

Post-Conflict Administrations as Democracy-Building Instruments

The period that stretches from the end of the Cold War until today has weathered the emergence of a large number of new states. With each addition, the international community has striven to regulate statehood and rein in its most erratic and unpredictable manifestations. In particular, the international community has tried to affect what kind of political regimes are set up in these new states. To reach that goal, multi-dimensional administrations have been set up by States or International Organizations to (re)build governmental institutions in territories where the governments have floundered completely. This strategy, while costly, has not been unsuccessful. Through international administrations of territories, several states have been rebuilt or restored, all of them endowed with democratic institutions. It is the aim of this Article to analyze the use of international administrations of territories to create or to reconstruct democratic states. After briefly recalling the status of democracy in international law (Section I), the Article explains how modern administrations of territories have proven to be democracy-building machines (Section II). Finally, it offers a critical appraisal of the contemporary resolve of the international community to create democratic states (Section III).

A Difficult Encounter The Informal Georgian-Abkhazian Dialogue Process

This report aims to provide an overview of the form, content and dynamics of the Georgian-Abkhazian Dialogue Process organized by the Berghof Research Center and Conciliation Resources (CR) and also considers its impact on the Georgian-Abkhazian conflict framework. The report explains the aims and structures of the informal dialogue project and presents both the opportunities and limitations of the facilitation approach. It analyses the conditions under which the dialogue process was initiated and the way in which the conflict parties evaluate its political dimension. In particular, it discusses the strategies that succeeded in establishing the process.

Choosing to Target: What Types of Countries Get Different Types of World Bank Projects

Well-governed countries are more likely to make use of foreign aid for the purposes of economic development and poverty alleviation. Therefore, if aid agencies are providing funds for the sake of development, these countries should receive more aid and categorically different types of aid as compared with poorly governed countries. In poorly governed countries aid should be given in forms that allow for less discretion. Using an original data set of all World Bank projects from 1996 to 2002, the author distinguishes programmatic projects from investment projects and national from subnational investment projects. If the World Bank allows more discretion in well-governed countries, then it will choose to provide programmatic and national aid for these recipients. The author presents evidence that the World Bank provides a larger proportion of national investment lending in better-governed countries. With regard to programmatic lending, he finds mixed evidence. Among counties eligible for International Development Association (IDA) aid, good governance surprisingly is associated with a lower proportion of programmatic aid, whereas for International Bank for Reconstruction and Development (IBRD) borrowers, good governance is associated with a higher proportion. The author subjects these results to a number of robustness checks. Although he confirms the existing result in the literature that the World Bank provides larger overall amounts of aid to better-governed countries, his examination of the disaggregated data leads to questioning whether both lending wings of the World Bank are designing aid programs in the most prodevelopment way possible.

Capacity-building or Capacity-taking? Legitimizing Concepts in Peace and Development Operations

This article critically analyses capacity-building and local ownership in the context of UN peace operations through interviews with UN staff and NGO representatives in Liberia and Burundi. The argument is that these concepts are left ambiguous and undefined to avoid accountability for peace operations while still functioning as value-adding and legitimizing discursive instruments for the latter. This article proves that the many paradoxes and contradictions surrounding the concepts clearly deter their operation in practice, while their positive connotations remain important, discursively, as legitimizing tools.

Human Rights and Nation-Building in Cross-Cultural Settings

Values are preferred events, “goods” we cherish; and the value of respect, “conceived as the reciprocal honoring of freedom of choice about participation in value processes,” is “the core value of human rights.” In a world of diverse cultural traditions that is simultaneously distinguished by the widespread universalist claim that “human rights extend in theory to every person on earth without discriminations irrelevant to merit,” the question thus unavoidably arises: when, in human rights decision-making, are cultural differences to be respected and when are they not? The question arises early in the nation-building enterprise where demands to preserve cultural traditions clash with demands to adhere to universal (and largely external) human rights standards.

Strategies and Needs of NGOs Dealing with Ethno-Political Conflicts in the New Eastern Democracies

The study describes the strategies and needs of local and regional NGOs focusing on the transformation of ethno-political conflicts in the countries of the former Soviet Union and Central-Eastern Europe.  On the basis of 70 semi-structured group interviews it discusses 56 NGOs and active individuals dealing with a number of issues ranging from education and training via human rights advocacy and fact-finding to mediation.  Their common trait is the commitment to the constructive and non-violent transformation of ethno-political conflicts.

Reshaping the Expeditionary Army to Win Decisively: The Case for Greater Stabilization Capacity in the Modular Force

Today, the U.S. Army is decisively engaged in both fighting an unfamiliar type of war and transforming itself to meet the challenges of future warfare. But what are those challenges? What capabilities does U.S. strategy demand of its military instrument? Where are the major capability gaps and how should they inform Army Transformation to ensure the future expeditionary Army has the right campaign qualities? The author argues that the major capability gap in today’s force–and vital for future campaigns–is the ability to conduct stabilization. He explores the changes in U.S. strategy that are the impetus behind the need for greater capacity to conduct post-conflict stabilization and reconstruction. Then he analyzes the emerging role of the Army in post-conflict operations in the context of modern combat to more fully understand the specific requirements of stabilization. He then develops an operational concept–progressive stabilization–that complements the Army’s concept of rapid decisive operations, while improving its ability to contribute to long-term conflict resolution. He outlines three key force attributes an expeditionary force structure must have to provide the requisite mix of combat and stabilization capabilities. Finally, he builds on those attributes to suggest three areas where Army leaders must make near-term adjustments in the Modular Force to ensure the nation has a truly expeditionary force with the campaign capacity for both rapid decisive operations and stabilization.

Refugees and Internally Displaced: A Challenge to Nation-Building

The purpose of this Article is to explore the interdependent relationship between post-conflict nationbuilding on the one hand, and refugee repatriation and intrastate reintegration of IDPs on the other. In Part II, the governing legal framework will be outlined with an emphasis on the consequences to refugees and IDPs of nation-building efforts. Part III will demonstrate that repatriation and reintegration are critical to the success of any nation-building enterprise. As will be described in more detail, although the motivations of post-conflict countries of origin and neighboring host states may differ with respect to repatriation and reintegration, the common goal of regional stability serves to align these stakeholders’ otherwise divergent interests. Finally, Part IVwill conclude that nation-building actors must take seriously their responsibility to implement the policies of repatriation and reintegration by (1) understanding and abiding well-established international law norms; (2) establishing the rule of law and stabilizing governmental structures; (3) providing for the return of property and legal status to repatriated refugees; and (4) planning for reintegration and repatriation on the local level to leverage existing family and social networks.

Engendering Peace in Africa: A Critical Inquiry Into Some Current Thinking on the Role of African Women in Peace-building

Romanticised, popular concepts of womanhood and of women’s peace-building capacities need to be critically investigated. A gendered approach is recommended as a corrective to stereotyped perspectives about women and peace, as well as to gender-blind experiments. Such an approach may be found realistic and useful, not only in everyday circumstances, but especially also in war and post-war situations. Particular attention is given to gender in post-war politics, economy and social reconstruction.

Deterrence, Democracy, and the Pursuit of International Justice

In recent years efforts to hold the perpetrators of mass atrocities accountable have become increasingly normalized, and building capacity in this area has become central to the strategies of numerous advocacy groups, international organizations, and governments engaged in rebuilding and reconstructing states. The indictment of sitting heads of state and rebel leaders engaged in ongoing conflicts, however, has been more exceptional than normal, but is nonetheless radically altering how we think about, debate, and practice justice. Arrest warrants for Sudanese president Omar Hassan Ahmad al-Bashir, Liberian president Charles Taylor, and the leader of the Lord’s Resistance Army in Uganda, Joseph Kony, have not only galvanized attention around the role of international justice in conflict but are fundamentally altering the terms of debate. While a principled commitment continues to underpin advocacy for justice, several court documents and high-profile reports by leading advocacy organizations stress the capacity of international justice to deliver peace, the rule of law, and stability to transitional states. Such an approach presents a stark contrast to rationales for prosecution that claim that there is a moral obligation or a legal duty to prosecute the perpetrators of genocide, crimes against humanity, and war crimes. Instead, recent arguments have emphasized the instrumental purposes of justice, essentially recasting justice as a tool of peacebuilding and encouraging proponents and critics alike to evaluate justice on the basis of its effects.  In the following pages, I discuss the development of international advocacy for justice as it has moved from being principle- or duty-based to being results-based. I then lay out and evaluate the results-based rationales that have come to define public advocacy for international justice. Finally, I identify the sources of this shift and examine some of the implications.

African Peacekeeping in Africa: Warlord Politics, Defense Economics, and State Legitimacy

Since the end of the Cold War, sub-Saharan African states have substantially increased their participation in international peacekeeping operations in Africa. Their contributions have become highly valued and even facilitated by major powers. This article examines why certain African states might contribute more than others to peacekeeping. In particular, prominent arguments are considered about the primacy of regime security concerns and the dynamics of warlord politics in the foreign policymaking of African states, the economic incentives of peacekeeping, and the importance of African states’ concerns over their state legitimacy and territorial integrity. First, this study investigates the possibility that peacekeeping might be utilized as a diversionary strategy to divert the attention of both an African state’s military and major powers from a regime’s misrule. Second, this study examines the extent to which financial and material assistance from donor states encourages poorer states to engage in peacekeeping. Third, the study investigates whether states with less legitimate and more arbitrary borders might have greater incentive to contribute to peacekeeping operations to promote the territorial status quo in Africa. Empirical evidence from a quantitative analysis across 47 states of sub-Saharan Africa from 1989 to 2001 suggests that states that are poorer, with lower state legitimacy and lower political repression, participate more often in regional peacekeeping.

The Unlikely Securitizer: Humanitarian Organizations and the Securitization of Indistinctiveness

The securitization framework has greatly improved empirical analysis of security threats. Yet, it could benefit from heightened analysis of two often neglected aspects. First, this article argues that securitizers may invoke multiple referent objects to strengthen their argument that the referent object possesses the `right to survive’. Second, by drawing attention to the presentation of securitizing moves, as well as their content, it highlights how securitizers attempt to persuade multiple audiences that their securitizing moves should be accepted and countermeasures enacted. These claims are illustrated through the analysis of an atypical case of securitization performed by an unlikely set of securitizers, humanitarian aid organizations, as they argue that indistinctiveness poses an existential threat both to their material security and to their identity.

Peacekeeping in the Democratic Republic of Congo: Waging Peace and Fighting War

The UN peacekeeping mission in the Democratic Republic of Congo (MONUC) has been derided as one of the world’s least effective peacekeeping forces. This article assesses its performance by using two indicators: mandate implementation and the reduction of human suffering. The analysis shows that effective peacekeeping in the Democratic Republic of Congo (DRC) has been hampered by two major problems. First, MONUC has had a struggle with, and inconsistent approach to, the vague concept of ‘robust peacekeeping’. During key moments of the peace process, it tried to wage peace when it should have used force. Second it failed to adapt to a dynamic conflict environment. Both problems were underpinned by flawed assumptions about the peace process, the behaviour of local actors and the presumed benefits of ‘post-conflict’ elections.

Ending Civil Wars: A Case for Rebel Victory?

The subject of effective civil war termination is important for three reasons. First, with regard to theory, the “give war a chance” argument forces scholars and policymakers to confront how they should think about the costs and consequences of war. If one measures the collective good in terms of a lasting peace, a systematic and general reduction in the destructiveness of war, and robust development, then, all else held equal, the “give war a chance” argument must be taken seriously. Second, civil wars are highly destructive. Yet they have traditionally been less subject to regulation and limitation by treaties such as the Hague and Geneva Conventions than have interstate wars. Until 1977, when the Additional Protocols to the Geneva Conventions of 1949 protecting “national liberation movements” came into force—governments were not restricted in the amount or nature of force they could use to defeat rebels. Moreover, many civil wars escalate to interstate wars, either by spilling across state borders or by provoking external intervention. Third, policymakers exert considerable effort to fnding ways to advance democratic institutions and rehabilitate the economy once a war has ended. Therefore, knowing which postwar environments are most likely to flourish as democratic polities with liberal market conditions and which are more likely to succumb to authoritarianism, corruption, or the resumption of war is crucial.

Striking the Right Balance: How to Rebuild the Afghan National Police

A well-trained, professional police force dedicated to upholding the rule of law and trusted by the population is essential to fighting the insurgency in Afghanistan and creating stability. However, the police programmes in Afghanistan have often been dominated by different national agendas and hampered by too few resources and lack of strategic guidance. These issues pose an enormous challenge for the Afghan government and the international community in rebuilding the police. This article argues that it is imperative that the international effort strike a balance between the short-term needs of fighting an insurgency and the long-term needs of establishing an effective sustainable policing capability when building up the police force; and that the process must not be subject merely to satisfying current security challenges or traditional state-building needs.

Addressing the Perils of Peace Operations: Toward a Global Peacekeeping System

Over the past two decades, people have seen considerable progress made in international conflict management, peacekeeping, and peacebuilding. The end of the Cold War has led to the obsolescence of war between major powers, and globalization has increased the interconnectedness and interdependence among people, societies, and countries. However, the longevity and large-scale nature of armed conflicts in Afghanistan, the Democratic Republic of Congo (DRC), Somalia, Chad, and Sudan with enormous humanitarian consequences are solemn reminders that international institutions and peacekeeping actions are still unable to meet global challenges with global responses. Here, Tanner addresses the perils of peace operations toward global peacekeeping system. He also cites the important progress that peacekeeping has made over the past twenty years and explores, in view of a continuous North-South divide and a resurging Westphalian bias, what such a global peacekeeping system could look like.

Nation Building or Nation Splitting? Political Transition and the Dangers of Violence

Internationally-directed nation building combines great rhetorical promise with very mixed practical outcomes. In spite of considerable optimism on the part of international actors, and in spite of often substantial desire for a functioning government among targeted populations, it has not clearly succeeded in building states or nations. The question is why? While many authors look to the weaknesses of international efforts for explanation, the answers may lie instead in the difficult process of transition itself. Although transforming political and social interactions is often necessary in post-conflict contexts, doing so can intensify vulnerabilities and uncertainties that prevent reforming governments from establishing legitimacy. That can in turn enable the fragmentation of political authority and become a sort of worst case scenario for nation building. International actors have shown no ability to counteract fragmentation and in some cases may unwittingly aid its entrenchment. One reason for this is that nation building strategies seldom take account of the hazards of transition, particularly the ways in which international preferences and domestic needs may clash. This article examines nation building within the context of political transition to assess how and when international efforts serve to unite or splinter state authority. It argues that the capacity to improve outcomes rests in better understanding the dynamics of transition, particularly the group vulnerabilities that reform exacerbates. Where nation building cannot counteract fragmentation it cannot succeed, but will serve rather to create contexts where political violence is both easier and more likely.

Who Brings Which Peace?

This study examines the effect of biased versus neutral mediation on the content of peace agreements. The author argues that neutral mediators, who are engaged primarily because of their interest to end the war, will have incentives to hasten the reaching of an agreement to the expense of its quality. By contrast, biased mediators, seeking to protect their proteges, will take care to ensure that there are stipulations in an agreement guaranteeing the interest of ‘their’ side or use their particular access and leverage to make their side agree to costly concessions. Biased mediation processes are therefore more likely than neutral mediation processes to lead to elaborated institutional arrangements that are generally considered conducive to democracy and durable peace, such as power sharing, third-party security guarantees, and justice provisions. Empirical analysis, covering the 1989-2004 period and building on data from 124 peace agreements, supports these claims.

Reconstruction as Modernisation: The Post-conflict Project in Afghanistan

This paper examines the post-war reconstruction programme in Afghanistan, arguing that it contains the seeds of radical social change. The paper analyses the tensions of the present reconstruction project in light of the past experience of similar programmes launched by Afghan rulers and their foreign supporters. The central argument is that the conflation of post-war reconstruction with a broader agenda for development and modernisation has brought out a wide range of tensions associated with social change. Simultaneously the prominent foreign role in the undertaking has increasingly had negative effects. As a result, the entire project shows signs of severe contradictions that are adding to the problems caused by the growing insurgency.

Economic Aid to Post-conflict Countries: A Methodological Critique of Collier and Hoeffler

In the past five years, research sponsored by the World Bank on the economic aspects of civil war under the research directorship of Oxford economist Paul Collier has had an extraordinary influence on the subsequent study of violent conflict and civil war and on international policy. The research project has now turned its attention to the problem of countries emerging from civil war and what Collier and his co-author, Anke Hoeffler, call ‘a first systematic empirical analysis of aid and policy reform in the post-conflict growth process.’ Building on the influence of their earlier research and the lively interest currently in knowledge about and policy on post-conflict strategies, this work is likely to be equally influential on research, thinking, and policy. It is all the more important, therefore, to subject the research to critical examination before it becomes established as conventional wisdom. This note reports one such attempt to analyze some major methodological problems with the study and argues that the research cannot sustain the conclusions they draw or the resulting policy recommendations.

Promoting Group Justice: Fiscal Policies in Post-Conflict Countries

In the aftermath of violent conflict, governments have an opportunity to address fundamental inequalities between internal groups. As taxation and expenditure policies are developed to rebuild a functional domestic economy and infrastructure, policies can be designed to lessen divisions and promote equity. The authors assert that good data about the status quo on inequality in a country is the first step to addressing it through policy. They then discuss some options for formulating a tax code that addresses distributional issues and increases progressivity. Expenditure planning can also be designed to help create equity in income and non-income resources, such as public services, employment, health and education. The role of aid donors is discussed, particularly as a source of successful strategies gleaned from other post-conflict countries.

The Importance of Commercial Law in the Legal Architecture of Post-Conflict ‘New’ States

Despite the large number of these projects, there exists a relative paucity of published analysis of what is effective and what is not, particularly in relation to the more sophisticated norms governing commercial relations. Although there is a substantial volume of material addressing both the role of and the need for legal institutions as part of legal and judicial reform projects, much less effort seems to have been devoted to just how one might develop those institutions in practice… While this Essay is introductory in its scope and does not seek to give exhaustive answers to each of the issues raised, it is hoped that the observations offered can spur discussion as to how those involved in future state-building attempts might focus their efforts in order to better ensure success. The overarching theme of this Essay is that state-building in general, and development of an effective commercial law in particular, is a science in its infancy and is one about which we know remarkably little. Vastly more needs to be learned and committed in resources. Until that happens, the exercise of trying to create effective commercial law, and thus promote economic development in new states, will be a tricky and elusive goal.

Briefing: Liberia’s Experiment With Transitional Justice

Last June, Libera’s Truth and Reconciliation Commission (TRC) threw a live wire into the ranks of the country’s post-war establishment. Having gathered more than 20,000 statements and examined many scores of witnesses, the Commission handed down a Final Report recommending that 98 people be prosecuted for violations of international humanitarian law and war crimes committed during Liberia’s civil war. Among those named were several sitting members of the country’s legislature, a number of prominent businessmen and public officials, and a professor at the University of Liberia.1 In the Liberian capital, Monrovia, a group of men recommended for prosecution by the TRC called a press conference at which they warned ominously that the Report threatened to return Liberia to war. Several of the Commissioners received death threats, some on their cell phones, others in notes hand-delivered to their homes. At least two Commissioners went into hiding. It was not only among former warlords that the TRC’s Final Report caused displeasure. In addition to the list of those recommended for prosecution, the Final Report went on to recommend that a further 50 people be barred from public office for 30 years on account of the support they gave to warring factions. Included on this list was the country’s feted president, Ellen Johnson-Sirleaf, an icon of the international women’s movement and a widely lauded exemplar of good governance and civility.

DDR and Transitional Justice: Bridging the Divide?

This article explores the complex relationship between disarmament, demobilisation and reintegration of ex-combatants (DDR) and transitional justice. While both DDR and transitional justice often operate simultaneously, neither process has traditionally been designed with the other in mind. In fact, they are often in tension or competition, pursuing competing demands and potentially drawing on the same scarce donor pools. While scholars and practitioners of transitional justice have become somewhat attuned to the presence of DDR processes in countries emerging from conflict, and the challenges and opportunities they present for transitional justice, we observe that by comparison, it is only fairly recently that DDR policies, if not programmes, have begun to take account of the demands and practice of transitional justice. We argue that while the activities of DDR and transitional justice may often be in tension, in some instances they might be designed to operate in a more complementary fashion. However, for this to even be conceivable, it is essential that scholars and practitioners of each seek to understand the work of the other better.

Private, Armed and Humanitarian? States, NGOs, International Private Security Companies and Shifting Humanitarianism

The article contends that, in the light of contemporary challenges, states are not only changing the meaning of the word `humanitarian’, but are also creating an expanding marketplace that includes international private security companies (PSCs) in the delivery of humanitarian assistance. Three types of factors – supply, demand, and ideational – have led to this development. On the supply side, state-demanded limitations on the private employment of violence and reduced commercial opportunities in Iraq have called for PSC diversification. On the demand side, states increasingly wish for non-state partners that are comfortable with their involvement in integrated solutions, something that PSCs, rather than nongovernmental organizations (NGOs), are more willing to embrace. On the ideational side, NGOs are concerned that humanitarian endeavour is losing its neutral and impartial status in order to facilitate counterinsurgency, `hearts and minds’ activities. PSCs, in contrast, are content with the partial delivery of assistance and likely will continue to be so given, in large part, the experiences of their personnel.

The Failure of State Building and the Promise of State Failure: Reinterpreting the Security – Development Nexus in Haiti

This article critically examines the discourse surrounding fragile states in relation to the security-development nexus. I draw on the case of Haiti to problematise key assumptions underpinning mainstream approaches to resolving concerns of security and development through the contemporary project of state building. In contrast, I suggest that a focus on the social and political relations constitutive of social struggles provides a framework for a better analysis of the historical trajectory of development in, and of, fragile states. Through an alternative relational interpretation of Haitian social and political formations, I illustrate the way in which Haitian experiences of social change have been co-produced in a world historical context. By foregrounding these relational dynamics at key conjunctures coinciding with periods in which the state, state formation and state building, were perceived to be central to Haitian development, this analysis highlights the extent to which attempts to consolidate the modern (liberal) state, have been implicated in the production and reproduction of insecurities. The article concludes by considering the salience of this relationally conceived interpretation of the security-development nexus for gaining insight into the alternative visions of progress, peace, and prosperity that people struggle for.

The New Security in Democratic South Africa: A Cautionary Tale

The broadened and deepened notion of security has been evolving in two dimensions, one primarily intellectual and the other concerned more with political practice and policy. This paper briefly describes these dimensions, and then critically examines the acceptance of the new notion of security in the form a security-is-development thesis in South African security policy. This case shows how the security-is-development thesis affects the functions of security agencies and legitimates their anti-democratic behaviour. The case serves as a cautionary tale about how an intellectual construct, movement and school, originally intended to be a critique of state behaviour, can become a tool of state power at the expense of democracy.

Security Sector Reform in Afghanistan: The Slide Towards Expediency

Security sector reform has come to be viewed as the foundation for the state-building project in Afghanistan. Although the process has made important strides since its launch in the spring of 2002, the prevailing conditions in the country, notably high levels of insecurity and limited institutional and human capacity, have not been conducive to reform. Attempts to adjust the SSR agenda to reflect these conditions and meet immediate security challenges have deprived the process of its holistic vision. Its onus has shifted from ensuring democratic governance and accountability of the sector to maximizing security force effectiveness, a slide towards expediency that has threatened the underlying goals of the process.

The Intercultural Mediation Project: The Bléré Experience. A Study of Conflict Management in an Intercultural Context

The Intercultural Mediation Project was a collaborative research project led by the Berghof Center, a German research organization, and included the Conflict and Change Center of the University of Minnesota and the University of Paris, Dauphine. To study this question of intercultural mediation the three partners brought together ten mediators from each county to a series of three research seminars. The second seminar at Bléré, France, with which this research paper is concerned, was in part designed to answer the question Does national culture have an impact on the perception of strategy use for conflict management? To answer that question, three more specific questions were developed. Do patterns of conflict management exist within the three national cultures represented? If yes, what are those patterns? What if any effect did the process of the eight day seminar experience have on the participants perceptions of the use of conflict strategies?

NATO and Prevention of State Failure: An Idea Whose Time Will Come?

The breakdown of order and the collapse of state institutions in fragile and failed states creates situations that may pose direct security threats for foreign actors. Whether and to what degree NATO should lead international efforts to address the dangers posed by failed states, typically far out-of-area, is a major debate for alliance purpose and strategy. While the alliance has focused its energy on aspects of the problem like counterterrorism and piracy, most action on fragile and failed states has been ad hoc, mainly military interventions and post-conflict reconstruction. The problem of dysfunctional states requires a broader rethinking for the international community and especially for NATO as it revaluates strategic goals. To more effectively provide security within the territorial boundaries of its member states the alliance needs to look at security beyond the Euro-Atlantic area. Shaping the political environment means an expanded NATO role in conflict prevention and in avoiding state failure before it occurs. It is argued here that this strategic perspective will not mean more interventions for NATO, but fewer. Moving away from intervening to stress prevention of state failure involves a change of focus: the development of capacities to anticipate problems and rebuild states, and to strengthen institutional capacities in states of strategic importance to the alliance.

Jumping the (Un)constitutional Gun?: Constitutional Questions in the Application of the UCMJ to Contractors

Undoubtedly, the expansion of the UCMJ to contractors and other persons accompanying or serving with the armed forces in the field will be challenged on constitutional grounds. But is this legislation unconstitutional? This article discusses the Supreme Court cases that have addressed the constitutionality of the application of the military law and court-martial jurisdiction to civilians, the Supreme Court decisions that may provide insight into the Court’s views of military jurisdiction, and how today’s Court might address the constitutionality of this expansion of UCMJ jurisdiction in light of recommendations made by the DoD on implementation and withholding of UCMJ convening authority. Part II of this article discusses the legislative expansion of UCMJ jurisdiction, and Part III discusses the Joint Service Committee recommendations on implementation of this expansion. Part IV discusses Supreme Court cases relevant to application of court-martial jurisdiction to civilians, and Part V briefly discusses current similarities and differences between civil court and court-martial procedure. Finally, Part VI attempts to predict whether the Supreme Court would find various applications of the UCMJ to contractors constitutional.

Peace building and State-building in Afghanistan: Constructing Sovereignty for Whose Security?

In the aftermath of civil wars, international actors often worry about the incoherence, tribalism, and division of war-torn nation-states like Afghanistan. However, the problems encountered in the Afghanistan recovery and reconstruction effort illustrate that the divisions, rivalries and fragmentation of authority of the international community have constituted just as big an obstacle to what the UN now calls ‘peace building’. Sustainable stability and peace, to say nothing of democracy, require international actors to delegate some sovereign functions to a multilateral entity that can reinforce rather than undermine the institutions responsible for the reconstruction of the nation-state. The history and contemporary situation in Afghanistan makes clear that there is an important need for the peace-building mechanisms proposed by the UN Secretary-General’s High-level Panel. This would involve a unified international decision-making body that would act as a counterpart to the recipient national government and potentially bring order to the anarchy that invariably flows from the multiple agendas, doctrines and aid budgets of the array of external actors involved in peace building in Afghanistan and elsewhere.

Corruption and Government

In countries emerging from civil war with weak governments, bribery demands will be used opportunistically by officials operating under unclear rules that allow them to invent offences or simply to extort funds from ordinary people. Furthermore, many people may engage in illegal activities, such as smuggling or illicit trade in arms, and may need the protection of public authorities to continue to operate. Peacebuilding strategies must avoid triggering vicious spirals. An economy that is jumpstarted by giving monopoly powers to a few prominent people may produce a society that is both lacking in competition and unequal. Although it may be risky and difficult to counter corruption in post-conflict peacebuilding, if the problem is allowed to fester, it can undermine other efforts to create a stable, well-functioning state with popular legitimacy. Care must be taken in starting down the road to reform. Strong leadership from the top is needed that moves towards the goal of a more legitimate and better functioning government and sidelines those who have in the past been using the state as a tool for private gain through threats and intimidation. International assistance can, in principle, help, but it needs to be tailored to avoid exacerbating the underlying problem created by the mixture of corruption and threats of violence from those inside and outside the government.

The U.K. in Sierra Leone: Post-Conflict Operation Success?

When Britain sent military advisers to Sierra Leone in 2000, the former colony had been devastated by a decade-long civil war. The U.N. mission had failed to get the rebels to disarm… Advisers undertook the structural, institutional reform of the Sierra Leone Armed Forces: its training organization, command structure, administration, supply, maintenance, and personnel management systems…In addition to security, there are two more necessary elements to allow post-conflict reconstruction to take place. One is governance, including the electoral process, the minimizing of corruption, law and order, and a working financial system. The other is essential services: electricity, clean water, basic health and sanitation, communications…If these three things are put in place, then business can function, and it is business that does reconstruction best. Governments, armies, institutions like the U.N. are too slow and bureaucratic and always under-resourced.

A Post-liberal Peace: Eirenism and the Everyday

The “liberal peacekeeping” is undergoing a crisis of legitimacy at the level of the everyday in post-conflict environments. In many such environments; different groups often locally constituted perceive it to be ethically bankrupt, subject to double standards, coercive and conditional, acultural, unconcerned with social welfare, and unfeeling and insensitive towards its subjects. It is tied to Western and liberal conceptions of the state, to institutions, and not to the local. Its post-Cold War moral capital, based upon its more emancipatory rather than conservative claims, has been squandered as a result, and its basic goal of a liberal social contract undermined. Certainly, since 9/11, attention has been diverted into other areas and many, perhaps promising peace processes have regressed. This has diverted attention away from a search for refinements, alternatives, for hybrid forms of peace, or for empathetic strategies through which the liberal blueprint for peace might coexist with alternatives. Yet from these strategies a post-liberal peace might emerge via critical research agendas for peacebuilding and for policymaking, termed here, eirenist. This opens up a discussion of an everyday and critical policies for peacebuilding.

Liberal Peacebuilding in Timor Leste: The Emperor’s New Clothes?

A critical examination of the effort to build a liberal peace since 1999 in East Timor illustrates that to a large degree the liberal peace model has failed the East Timorese people. There are two aspects to this: the first is the failure to construct a social contract between society and its institutions of governance. This is related to the broader issue of the social legitimacy of, and contract with, international actors derived from society and its complex groupings. The second is the failure, at least in the transitional period, to respond to the experiences of everyday life and welfare requirements of the new state’s citizens.

Liberal Hubris? Virtual Peace in Cambodia

The article examines the nature of the peace that exists in Cambodia by critiquing the ‘liberal peace’ framework. The authors claim that, despite the best efforts of international donors and the NGO community, liberal peacebuilding in Cambodia has so far failed in many of its key aims. The liberal peacebuilding project in Cambodia has been modified by a combination of local political, economic and social dynamics, international failings, and the broader theoretical failings of the liberal peacebuilding process. There have been some important successes, but serious doubts remain as to whether this project has been or can be successful, not least because of the ontological problem of whether the liberal peace is at all transferable. This raises the question of what type of peace has actually been built. The authors argue that the result of international efforts so far is little more than a virtual liberal peace.

Just and Unjust Postwar Reconstruction: How Much External Interference Can Be Justified?

This article seeks to reconcile a fundamental normative tension that underlies most international reconstruction efforts in war-torn societies: on the one hand, substantial outside interference in the domestic affairs of such societies may seem desirable to secure political stability, set up inclusive governance structures, and protect basic human rights; on the other hand, such interference is inherently paternalistic—and thus problematic—since it limits the policy options and broader freedom of maneuver of domestic political actors. I argue that for paternalistic interference in foreign countries to be justified, it needs to be strictly proportional to domestic impediments to self-government and basic rights protection. Based on this claim, I model different degrees of interference that are admissible at particular stages of the postwar reconstruction process. Extrapolating from John Rawls’s Law of Peoples, I suggest that full-scale international trusteeship can be justified only so long as conditions on the ground remain “outlaw”—that is, so long as security remains volatile and basic rights, including the right to life, are systematically threatened. Once basic security has been reestablished, a lower degree of interference continues to be justified, until new domestic governance structures become entirely self-sustaining. During this second phase of postwar reconstruction, external actors ideally ought to share responsibility for law-enforcement and administration with domestic authorities, which implies in practice that domestic and international officials should jointly approve all major decisions. I discuss various approximations of such shared responsibility in recent international peace operations and speculate about how best to ensure a timely transition toward full domestic ownership.

Security & Justice Development-What Next?

The development of local security and justice sectors in developing, fragile and conflict-affected states has for a long time been an important strand in the UK’s approach to delivering its national security and development objectives. The 2009 White Paper on international development committed DFID to placing considerably greater emphasis on promoting security and access to justice in developing states. The Ministry of Defence’s Green Paper is likely to place greater emphasis on soft power, including security cooperation activities. In some countries, the UK has poured bilateral resources into this domain, from the training of Afghan military and police to the reform of the Sierra Leone security sector and the strengthening of various African militaries and police forces. DFID’s White Paper commitments come 10 years after then DFID Secretary of State Clare Short took the bold step of putting Security Sector Reform (SSR) squarely on the development agenda. In the interim, the UK has taken a leading role in undertaking SSR-related projects in its bilateral programmes and in shaping the international donor debate. The success of international lobbying by the UK has been reflected in documents such as the OECD DAC’s guidelines on SSR and the UN’s adoption of the concept. While security and justice is unlikely to become a Millenium Development goal, the fact that it is discussed as such is a tribute to the progress that this agenda has made. The UK’s recent (re)commitment to the security and justice agenda is a worthy enterprise. However, achieving success will require three things: further conceptual clarity, a revamped international influence campaign, and addressing serious capacity constraints on the delivery side.

Issues in Third-Party Intervention Research and the Role of Destruction in Conflict

Interest in peacekeeping has blossomed since the end of the cold war. However, academics have only recently begun to study third-party interventions in conflict. We review the flourishing new literature on third-party intervention and point to areas of research in which economic theory may be useful to enhance scholars’ and laymen’s understanding. Our review highlights three aspects of the literature on thirdparty intervention. First, what are the goals of third parties who intervene and do they achieve those goals? Second, we review academic work concerning United Nations interventions. And third, paying attention to the recent extension of theory that models conflict as destructive, we suggest that this theory might be usefully grafted onto the theory of third-party intervention.

Greater Than the Sum of Its Parts?

Promoting security, good governance and recovery in weak, failing and war-torn countries requires integrated approaches. In response, many donors are adopting strategies that bring together their diplomatic, defense, and development instruments. This book examines how these trends are playing out in seven leading donor countries, candidly addressing the shortcomings in recent efforts to achieve joined-up responses in fragile states.

Saving Liberal Peacebuilding

Liberal peacebuilding has become the target of considerable criticism. Although much of this criticism is warranted, a number of scholars and commentators have come to the opinion that liberal peacebuilding is either fundamentally destructive, or illegitimate, or both. On close analysis, however, many of these critiques appear to be exaggerated or misdirected. At a time when the future of peacebuilding is uncertain, it is important to distinguish between justified and unjustified criticisms, and to promote a more balanced debate on the meaning, shortcomings and prospects of liberal peacebuilding.

Political Transitions after Peace Agreements: The Importance of Consultative and Inclusive Political Processes

This essay examines the transitional periods following peace agreements and leading to elections and new constitutions. It discusses the advantages of gradually expanding political participation during these periods, despite the arguments of several scholars that political liberalization in the absence of strong state institutions carries significant risks. The article argues that political participation in transitional periods may be expanded through inclusive elite consultations on issues such as elections, vetting of institutions and new constitutions, and through wider national dialogue efforts including civil society. The essay recognizes the risks of premature elections, but argues that the goal of reforming state institutions cannot be achieved in the absence of a national political process. This argument relies on the insights of the constitution-making literature, namely that lasting institutions tend to result from lengthy and inclusive constitution-making processes. It also relies on the civil war settlement literature according to which belligerents need credible guarantees that their interests will be protected in the post-agreement period before laying down their arms. The essay argues that guaranteed inclusion in the transitional process and influence over the outcome of the transition offers such assurances to former belligerents that their interests will be respected in the new political reality.

The Legal Architecture of Nationbuilding: An Introduction.

The fundamental question: how do we bring a population from a condition of hopelessness to one of self governance, sustainable growth, and viable participation in the world community. As Michael Reisman has asked, “[w]hat are the strategies available to communities in transition, for their process of redefinition, and what role should the international community-an increasingly effective participant in all these subcommunities take in the process?” From the standpoint of the legal profession, is there a portfolio of tasks and methods that are especially applicable to nation-building efforts and that signal a new moment or pivotal role for the lawyer in state reconstruction and the associated work of nation-building? … Do apparently disparate nationbuilding enterprises lend themselves to “structure,” by one definition of architecture? Can goals be better achieved by a systemic arrangement of the elements of the structure? The contributors to this volume explore these questions by considering the foundation and cornerstones of the architecture?

Building Democracy in Afghanistan: The Statebuilding Agenda and International Engagement

This article examines the international community’s commitment, since the December 2001 Bonn Agreement, to build democratic institutions and practices at national and local levels in Afghanistan. The tensions between democracy promotion activities and the statebuilding exigencies of political stabilization are identified through an examination of the 2005 elections and creation of the National Assembly, Provincial Councils, and Community Development Councils. The analysis demonstrates the existence of multiple, competing agendas in Afghanistan, embodied in contradictory elements found in those institutions. Policy recommendations are advanced for forging a coherent statebuilding agenda that can garner the legitimacy needed to complete the important transition signalled by the Interim-Afghanistan National Development Strategy and the Afghanistan Compact, concluded in January 2006 in London.

Critical Human Security Studies

From a critical security studies perspective is the concept of human security something which should be taken seriously? Does human security have anything significant to offer security studies? Both human security and critical security studies challenge the state-centric orthodoxy of conventional international security, based upon military defence of territory against threats. Both also challenge neorealist scholarship, and involve broadening and deepening the security agenda. Yet critical security studies have not engaged substantively with human security as a distinct approach to non-traditional security. This article explores the relationship between human security and critical security studies and considers why human security arguments have not made a significant impact in critical security studies. The article suggests a number of ways in which critical and human security studies might engage. In particular, it suggests that human security scholarship must go beyond its (mostly) uncritical conceptual underpinnings if it is to make a lasting impact upon security studies, and this might be envisioned as Critical Human Security Studies (CHSS).

Peacebuilding as Security in “Failing” and Conflict-Prone States

Peacebuilding activities in conflict-prone and post-conflict countries are based upon the assumption that effective, preferably liberal, states form the greatest prospect for a stable international order, and that failing or conflict-prone states represent a threat to international security. Peacebuilding is therefore a part of the security agenda. This has brought obvious benefits, most obviously much-needed resources, aid and capacity-building to conflict-prone countries in the form of international assistance, which has contributed to a decline in intrastate conflicts. However, there are a number of negative implications to the securitization of peacebuilding. This article considers the implications of this, and concludes that it is difficult to mediate between conventional and critical views of peacebuilding since they are premised upon quite different assumptions regarding what peacebuilding is and what it should be.

A New Moral Hazard? Military Intervention, Peacekeeping and Ratification of the International Criminal Court

The newly established International Criminal Court (ICC) promises justice to the victims of genocide, war crimes and crimes against humanity. Past offenders can be punished, while future potential offenders may be deterred by the prospect of punishment. Yet, justice is no substitute for intervention for the benefit of people at acute risk of being victimized. The Court may create a new moral hazard problem if the promise of ex post justice makes it easier for states to shy away from incurring the costs of intervention. This article indirectly tests for the relevance of this potential problem by estimating the determinants of ratification delay to the Rome Statute of the ICC. If the Court represents an excuse for inaction, then countries that are unwilling or unable to intervene in foreign conflicts should be among its prime supporters. Results show instead that countries that in the past have been more willing to intervene in foreign civil wars and more willing to contribute troops to multinational peacekeeping missions are more likely to have ratified the Statute (early on). This suggests that the Court is a complement to, not a substitute for intervention.

The Spoils of Peace in Iraqi Kurdistan

This paper examines transition patterns in post-Gulf war Iraqi Kurdistan as a function of external aid, and the impact of these developments on relations between the Kurdistan region and Baghdad. It argues that, despite ethnic traditions and structural legacies, the asymmetrical and changing nature of aid has created new incentives for conflict and co-operation. Since 1991 aid has strengthened the Kurdistan region’s power in relation to the state and increased leverage on the central government to accommodate Kurdish demands for autonomy. Yet it has also created an increasingly complex political,?economic order and new interdependencies between the regions. The shift from relief aid to reconstruction within a neoliberal framework has helped open the Iraqi and Kurdish political economies by encouraging trade between the Kurdistan region, regional states and foreign governments. The creation of a federal Iraqi state has also led to financial and political linkages between the Kurdistan region and Baghdad and to new requirements for negotiation.

Transitional Justice as Global Project: Critical Reflections

This article critically reflects on the ways in which the global project of transitional justice is channelled or streamlined in its scope of application. Using the categories of ‘when’, to ‘whom’ and for ‘what’ transitional justice applies, it argues that transitional justice is typically constructed to focus on specific sets of actors for specific sets of crimes. This results in a fairly narrow interpretation of violence within a somewhat artificial time frame and to the exclusion of external actors. The article engages themes of gender, power and structural violence to caution against the narrowing and depoliticisation of transitional justice.

The Rise of Outsourcing in Modern Warfare: Sovereign Power, Private Military Actors, and the Constitutive Process

In this article, we will examine these world order implications through the prism of the world constitutive process. This process is one of continuing communication and collaboration that examines, refines, and allocates competence in the international system. The process of contextual mapping might shed light on the terms associated with, and concepts communicated by, privatized military combat, which might be better understood when the contexts in which they are used are illuminated in a discriminating manner. Their multiple meanings are given coherence when we appreciate the divergent contexts within which they are used. To develop the appropriate predicate for contextual mapping, we recognize that, notwithstanding the various nuanced meanings attached to the concept of privatized military combat-as an outsourcing of national security responsibilities, as a part of a nation-building campaign to bring stability to a weak or failed state, as a mechanism to subvert congressional oversight, as a pretext to channel money to certain corporations, and more, we can nevertheless distill points of reference of sufficient conceptual generality to give coherence to the appropriate description of this form of outsourcing in the context of contemporary international law and international relations.

Options for Transitional Justice in Kenya: Autonomy and the Challenge of External Prescriptions

While there is broad agreement among key partners in Kenya’s government of national unity (GNU) on the need to implement transitional justice measures, the lack of a coherent approach by the government has to date hampered the debate in significant ways and will determine the future efficacy of anymechanism adopted. Key areas of concern include the efforts by political elites to capture the debate; the silencing of important voices; a failure to identify and define all key issues to be addressed by any transitional justice mechanisms employed; and a failure to fully understand the role of external institutions, such as the International Criminal Court (ICC). The article reviews the evolving transitional justice debate in Kenya and assesses the accountability options available, noting in particular the role of international norms and institutions in influencing the feasibility of local options. In this regard, the article interrogates key questions related to autonomy, including the question of whose justice and which mechanisms will be taken forward in the Kenyan context and how this will be determined.

Police-Building in Afghanistan: A Case Study of Civil Security Reform

Despite considerable effort and large sums of money spent over five years of police reform in Afghanistan, the investment has yet to yield significant results. Among the reasons outlined in this article are the failure to distinguish clearly between the different roles of the police and the military in contributing to security sector reform; a lack of strategic vision and effective planning; and a failure to capitalize on the insights, best practices and lessons learned from the last 30 years of police reform in the West. Finally, recommendations are made for remedying current problems and re-directing reform to achieve greater effectiveness.

The African Union’s Foray into Peacekeeping: Lessons from the Hybrid Mission in Darfur

The African Union (AU) was officially inaugurated on July 2002, and a year later it had already deployed its first peace operation in Burundi. The AU subsequently deployed peacekeeping missions in Darfur, in 2004, and in Somalia, in 2007. This article will examine the AUs foray into peacekeeping which appears to have been hasty, erratic, and not carefully planned. The article will also assess the extent to which what the AU has been doing can be defined as peacekeeping using the Brahimi Criterion for the deployment of operations. The article will briefly assess the AUs operations in Burundi and Somalia before focusing on the joint AU-United Nations (UN) hybrid mission in Darfur. The article examine whether the hybrid mission represents a paradigm shift in peacekeeping, based on the way that it was launched and how it is currently operated. The article examines whether the hybrid mission fulfils the Brahimi Criterion, and whether it can serve as a model for future peacekeeping operations in Africa. The article concludes that the AU has a better chance of success when it undertakes a concise and focused operation with a clear mandate and the modicum of logistics to ensure its effective implementation, as demonstrated by its experiences in Burundi. The AUs efforts in Somalia has left it mired in an open-ended complex emergency with no easy remedy. The organisations joint effort with the UN in Darfur is similarly constrained by the absence of a peace to keep. The hybrid mission therefore falls short of the Brahimi Criterion and suggest that UN intervention following an initial AU peace operation is not necessarily a panacea to the continents peacekeeping challenges.

Problematic Potential: The Human Rights Consequences of Peacekeeping Interventions in Civil Wars

Does peacekeeping intervention improve the human rights situation in states with a history of civil war? While this question has received a myriad of attention and debate within the human rights community, there have been relatively few studies that attempt to answer this question. Examining the characteristics of peacekeeping following civil war from 1980 to 2004, this article finds that peacekeeping can both encourage and undermine respect for human rights. Specifically, the mission and activities of peacekeepers matter. These findings support the human rights community’s stance that peacekeeping can be problematic but holds promise for human rights in post-conflict states.

Closing the Gap Between Peace Operations and Post-Conflict Insecurity: Towards a Violence Reduction Agenda

This article highlights how the instruments for addressing the presumed source(s) of armed violence need to be sharpened and extended to address the heterogeneous character of armed violence present in many post-conflict situations. These extensions require the development of practical armed violence prevention and reduction programmes that draw upon scholarship and practice from the criminal justice and public health sectors. The article argues that reducing organized violence and insecurity in post-conflict contexts requires responding to the wider dynamics of armed violence rather than focusing exclusively on insecurity directly connected to what are traditionally defined as armed conflict and post-conflict dynamics; and this requires attention not just to the instruments of violence, but also to the political and economic motives of agents and institutions implicated in violent exchanges at all levels of social interaction.

Security and Post-Conflict Reconstruction: Dealing with Fighters in the Aftermath of War

This book provides a critical analysis of the changing discourse and practice of post-conflict security-promoting interventions since the Cold War, such as disarmament, demobilization and reintegration (DDR), and security-sector reform (SSR). Although the international aid and security sectors exhibit an expanding appetite for peace-support operations in the 21st Century, the effectiveness of such interventions are largely untested. This book aims to fill this evidentiary gap and issues a challenge to ‘conventional’ approaches to security promotion as currently conceived by military and peace-keeping forces, drawing on cutting-edge statistical and qualitative findings from war-torn areas including Afghanistan, Timor Leste, Sudan, Uganda, Colombia and Haiti. By focusing on specific cases where the United Nations and others have sought to contain the (presumed) sources of post-conflict violence and insecurity, it lays out a new research agenda for measuring success or failure.

Outsourcing Post-Conflict Operations: Designing a System for Contract Management and Oversight

Over the past ten years the United States has relied on private contractors to support military forces and rehabilitate national infrastructures in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq. Though contractors are essential to such post-conflict operations, the U.S. government’s management and oversight of outsourced support remains critically deficient. As the United States builds its institutional capacity for long-term post-conflict reconstruction, it will need to outsource tasks to specialized private firms and non-profit organizations more strategically, efficiently, and transparently. This paper assesses the ramifications of post-conflict outsourcing in four sections. The first section provides a brief history of outsourcing in military and reconstruction operations. The second analyzes the benefits of private contracting arrangements. The third considers pitfalls of the current U.S. outsourcing system, which include inefficiencies as well as more serious security threats. The final section concludes with policy recommendations to improve management systems in the context of post-conflict operations.

Gender, Women and Security Sector Reform

Gender has been marginalized in security sector reform (SSR). Policy has changed in recent years, but the gap between policy and practice remains significant. This article examines gender and SSR, critiques some of the current debate on gender in SSR, outlines the challenges of adopting a gender-sensitive SSR approach and discusses the issue of gender-based violence and justice reform. The article concludes that there is a need to refocus gender in SSR discourse. Gender should be treated within the broader SSR context to avoid the separation of gender from other matters in SSR. Gender is not only about women and essentialist assumptions are not useful to the discourse. There is also a critical need to expand the focus on representation to gender mainstreaming and context sensitivity, and to avoid template models for SSR.

Security Sector Reform and the UN Mission in the Democratic Republic of Congo: Protecting Civilians in the East

The Democratic Republic of Congo has been plagued by continued conflict and violence in the East despite the official ending of the war. And civilians have borne the brunt of this conflict. Security sector reform (SSR) is a critical element in ensuring security, stability and sustainable peace. This article examines security sector reform conducted by the UN Mission in Congo, and also refers to other actors involved in the process, focusing primarily on the East where insecurity is prevalent due to the non-integrated Congolese forces, the Armed Forces of the DRC, other armed groups and foreign, mainly Rwandan, troops. It contends that SSR is vital to protect civilians and that thus far MONUC has not fulfilled its mandate of protection.

Law-Enforcement: Creating and Maintaining a Police Service in a Post-Conflict Society – Problems and Pitfalls

The police service of East Timor, Policia Nacional de Timor-Leste (PNTL), was formally established on 10 August 2001 by UNTAET Regulation 2001/22. It was initially know as East Timor Police Service (ETPS), later this was changed to Timor- Leste Police Service (TLPS), it is now referred to as PNTL, which is what will be used throughout this paper. The creation of the police service came about as a result of Indonesia?s withdrawal from East Timor in 1999, after 24 years of occupation after a ballot where 78.5% voted for independence. Up until that time East Timor had been policed by a foreign state. It had never had its own separate police force.

Peace beyond Process?

Post-Cold War peacebuilding is increasingly conflated with the smooth functioning of a range of processes associated with democracy, governance, development and securitisation. However, critiques of these approaches tend to focus on their liberal-democratic norms and to ignore their underlying processual logics. This article problematises two facets of process with regard to peacebuilding: its postulation as a basis for peace grounded in everyday human activity and its construction of violence as anti-process. Its goal is to present the critique of process as a means for understanding the complex relationship between international and local actors in the context of peacebuilding, thus enriching the liberal peace debate. Drawing on normative political theory, including that of Arendt and Deleuze and Guattari, the article demonstrates how the problems raised by these two issues can help to explain a range of concerns associated with contemporary peacebuilding and provide starting points for imagining forms of peace that are not so reliant upon processual logics or opposed to those acts which disrupt them, which may in fact be attempts to realise radically different versions of peace. In so doing, it extends and enriches the perspectives offered by existing liberal peace critiques.

Conflict, Social Change and Conflict Resolution – An Enquiry

The literature dealing systematically with the connections between change and conflict is hardly extensive, and that directly dealing with precise relationships between change and conflict resolution is even more sparse. In a way, this is surprising, for many writers in the field have made implicit, and in some cases explicit, connections between some form of change and the formation of conflicts, while others discuss conflict “dynamics” as well as those changes that are needed before any kind of resolution of a conflict can realistically be sought. A recent (and admittedly unsystematic) search of one university’s modest library revealed over 420 entries combining the words “change” and “conflict” in their title, while a similar search of a data bank of dissertation abstracts produced over 3,500 such citations. The essay, then, starts with an attempt to set out a framework for thinking systematically about the relationship between conflict and change, distinguishing between changes that create conflicts and those which make conflict more intense or which help to ameliorate it. This leads to a discussion of the nature of “change” itself, and the kinds of change that seem relevant to creating or resolving protracted conflict. The latter half of the paper switches focus to consider changes necessary to bring about the resolution (or transformation) of a conflict, once it is thoroughly under way – as well as common obstacles to bringing about such “resolutionary” changes. Finally, I suggest ways of thinking about possible actors that can help to bring about resolutionary change, and what strategies might be necessary to move protracted and intractable conflicts towards some lasting and self supporting solution.

Right-Financing Security Sector Reform

Security sector reform (SSR) in post-conflict environments encompasses a broad range of efforts to improve capacity, governance, performance, and sustainability. The fiscal implications of SSR decisions often are neglected, however. The negative consequences of this neglect include unsustainable reforms, the squeezing out of other vital sectors, and ultimately under-provision of security itself. This paper argues for a “right-financing” approach to SSR that strikes an appropriate balance between current needs and the goal of building a fiscally sustainable security sector. The paper offers four policy proposals: first, build fiscal dimensions of the security sector into peace agreements, post-conflict needs assessments, development strategies, and expenditure planning; second, align short-run policies with long-term budgetary realities; third, move to a “service-delivery” model based on provision of law-and-order and justice services to the citizens; and finally, strengthen international capacities to support these right-financing policies.

Trauma and Vengeance-Assessing the Psychological and Emotional Effects of Post-Conflict Justice

Do war crimes tribunals or truth commissions satisfy victims of war and atrocity and provide psychological relief from war-induced trauma? Do they make victims less vengeful and less likely to engage in or support violent retribution? Or does the experience of post-conflict justice simply reinforce and exacerbate emotional and psychological suffering? Answers to these questions are central to the logic of truth-telling’s peace-promoting effects in post-authoritarian and post-war societies. Indeed, one of transitional justice’s core arguments is that victims of wartime abuse demand truth and justice. These arguments, however, assume that truth-telling processes, on average, provide psychological and emotional benefits to victims. Some critics have argued, however, that they actually cause more harm than good. Although victims’ preferences for truth and justice are well documented, we know considerably less about their actual impact. This article assesses that impact by surveying the extant empirical evidence from prominent cases of transitional justice, as well as research in forensic and clinical psychology. It finds a paltry empirical record that offers little support for claims of either salutary or harmful effects of post-conflict justice. Although there is little evidence that truth-telling in general dramatically harms individuals, the notion that formal truth-telling processes satisfy victims’ need for justice, ease their emotional and psychological suffering, and dampen their desire for vengeance, remains highly dubious.

Selected To Go Where Murderers Lurk?

This study examines the preventive effect of peacekeeping on mass killings of civilians in intrastate conflicts. Peacekeepers may be sent to the most difficult conflicts. Control variables might capture the difficultness, for example, measures of the intensity of fighting.This is insufficient if there are factors that are difficult to pinpoint and measure that affect both the likelihood that peacekeepers are sent in and the risk of mass killings. Such unmeasured explanatory factors may bias our results.This paper applies a statistical technique, seemingly unrelated probit, that corrects for this problem and reveals a previously undetectable benign effect of peace keeping.

Rehabilitation under Fire: Health Care in Iraq (2003-2007)

This report describes how the Iraq war and its aftermath continue to have a disastrous impact on the physical and mental health of the Iraqi people, and the urgent measures needed to improve health and health services. It focuses on the many failures of the occupying forces and their governments to protect health, or to facilitate the rebuilding of a health system based on primary health care principles. It assesses the current state of the health system, including the impact of insecurity, and the workforce, supplies, medicines and equipment it lacks. It also looks at health information and health policy. There is a special focus on mental health care, a particularly neglected area. The report ends with conclusions and recommendations, exploring what needs to happen now in Iraq and what lessons can be learned.

Contracting for Wartime Actors: The Limits of the Contract Paradigm

Wartime contracts raise challenges to the classic contract doctrines of performance and remedies. First, privatization of numerous military and support functions (even support services such as trucking, laundry and food preparation) has placed private sector contractors in active war zones leading to difficulty in contract performance and injury or death to some contractors. Second, privatization of these functions necessitates that the government employ a functional supervisory system that ensures accountability to the government for contractor actions. How prepared is contract law to resolve disputes raised by these scenarios? This essay explores the role of contract in wartime and, in particular, reconstruction and the shortcomings of trying to use contract law in its current form to achieve the goals contemplated by the architects of the Iraq war. First, it considers the use of government contracts to privatize numerous government functions during the reconstruction and conflict in Iraq. Second, it considers the private ordering by contract done by government contractors to obtain security and related services from third parties. Both types of contracting raise complicated issues, including the proper use of force, to what extent the contracts should have government oversight, to what extent contractors should be accountable for crimes and whether contractors qualify as noncombatants in case of capture. Heavy reliance on contract law to address these problems raises complicated issues of delegation, performance, breach, assumption of risk, excuse and remedies. The general parameters of contracting with the U.S. government shall serve as a precursor to this discussion.

The Rule of Law and Its Promotion Abroad: Three Problems of Scope

At the outset of the twenty-first century, the rule of law is no longer a concept exclusively, or even primarily, defined and debated by political philosophers and constitutional lawyers, as had been the case in centuries past. Over the last decade in particular, the rule of law has become “the motherhood and apple pie of development economics.” Western democracies, their regional organizations, NGOs, and the multilateral development agencies they control, now pour billions of dollars and euros into projects designed to measure the rule of law, create it where it does not exist – in closed dictatorships, failed states, and post-conflict zones – and to strengthen it in transitional and struggling democracies around the globe. Institutionalists of different hews have come to see it as central to modern statehood, impartial economic exchange, and objective justice. Democracy scholars are pointing to it as the essential, non-electoral dimension of democratic substance. Together with human rights and democracy, the rule of law is now upheld by liberal internationalists as a central pillar in the “virtuous trilogy” upon which a legitimate international order rests, while international security experts have come to see it as indispensable to ending civil wars, building durable peace, and fighting insurgencies, transnational crime, and terrorism. Against this background – of “a venerable part of Western political philosophy” having turned into “a rising imperative of the era of globalization,” as Carothers put it – existing mainstream legal discourses about the rule of law and its promotion abroad run the risk of being outpaced, even sidelined into relative obsolescence. The fact that intellectual and policy involvement with the notion of the rule of law are no longer the exclusive purview of lawyers need not be lamented; indeed, it is to be generally welcomed. Rather, this article argues, to be of genuine relevance to one of the foremost challenges the free world is facing and is likely to face for many decades to come – the challenge of fostering self-sustaining, well-governed free societies in parts of the world where these are absent or weak – lawyers must overcome three main “problems of scope” that presently afflict the rule of law literature and policy enterprise.

The International Community and State Reconstruction in War-torn Societies

There is some hubris in the idea that the international community (and in particular the major donors and international bodies) can assist the reconstruction of entire states and national societies after war and state collapse. Yet in recent years this is precisely what it has been attempting in country after country, including Bosnia, Kosovo, Sierra Leone, Afghanistan, the Democratic Republic of Congo (DRC), Liberia and (even more problematically) in Iraq. The first section of this paper examines these policies and agendas, and their effects on the scale and nature of the major powers’ interventions in the developing world. The second section analyses some common causes of conflict and state failure, emphasizing that the particularity of causes, and legacies, means that there can be no ‘one-size fits all’ approach to peace building and reconstruction. The third section looks at how dialogue with a wider range of stakeholders can be fostered, to ensure that the reconstruction of states and societies is inclusive and legitimate. The fourth section concludes by identifying some generic policy dilemmas of post-conflict reconstruction.

Changing the Rules? State-Building and Local Government in Afghanistan

This paper looks at how a certain understanding of states is affecting the types of activities emphasised in state-building agendas. It proposes an approach to understanding states and their roles, drawing on ideas of institutions and their rules as a means of mediating power, and applies this to a discussion of two state-building initiatives at the subnational level in Afghanistan. It shows how resistance to attempts to impose bureaucratic rules, coupled with the international community’s failure to understand the role of states in mediating power, has contributed to the failure to date of interventions to reform local government. This has directly affected reconstruction and stability in Afghanistan.

International Justice After Conflict: Outreach, Legacy and Accountability

This book critically examines the role of outreach within the application of international justice in post-conflict settings. The assumption that justice brings peace underpins much of the thinking, and indeed action, of international justice, yet little is known about whether this is actually the case. Significant questions surrounding the link between peace and justice remain: do trials deter would-be war criminals; is justice possible for the most heinous crimes; can international justice replace local justice? This book explores these questions in relation to recent developments in international justice that have both informed and shaped the creation of the hybrid tribunal in Sierra Leone. This was the first hybrid tribunal to be based in situ, equipped with a dedicated Outreach office. Outreach was seen as essential to ensuring that expectations were managed for what was ultimately a limited judicial mechanism. Yet, there is little evidence to support the claim that Outreach garnered wide-spread acceptance of the Special Court. This book explores the challenge and tensions in communicating the role of international justice in a post-conflict setting. The goals of international justice after conflict are clear: hold fair and transparent trials of alleged perpetrators under the strict adherence to international judicial procedures in order to establish accountability for the worst crimes against humanity. The assumption being that this will contribute to peace by firmly drawing a line under the past in order to move forward peacefully. This has been evident with the recent drive towards international judicial intervention after conflict in places such as the former Yugoslavia, Uganda and Afghanistan. But so far these assumptions remain largely untested. Few empirical studies examine how justice contributes to peace and within these instances, how the complexity of international justice mechanisms have been communicated to their respective audiences in order to foment wide-spread knowledge and understanding of the processes. This book addresses this deficit by testing these assumptions on the ground in a post-conflict setting in West Africa.

The War in Afghanistan: Its Background and Future Prospects

If the West loses in Afghanistan and its region, the most important reason will be that we are pursuing several different goals simultaneously, most of which are in contradiction to the others. Western governments need to choose between these goals, and co-ordinate a strategy in pursuit of the most desirable and achievable ones. The creation of a democratic Afghanistan needs to be recognised as a hopeless fantasy. Instead, the West should imitate the Soviet Union in the late 1980s and concentrate on creating an effective military force that can survive Western withdrawal and continue to fight the Taleban. In the meantime, something to be avoided at all costs is the further destabilisation of Pakistan, since Pakistan in the end constitutes a far greater potential threat to the region, the West and the world than does Afghanistan.

Resources for Peace? Managing Revenues from Extractive Industries in Post-Conflict Environments

Revenues from extractive sectors such as oil and gas, minerals, and logging play an important role in many post-conflict environments, often providing more than 30% of state fiscal receipts. When managed well, these revenues can help to finance postwar reconstruction and other vital peace-related needs. When mismanaged, however, resource revenues can undermine both economic performance and the quality of governance, thereby heightening the risk of renewed violence. This paper offers a number of proposals for managing revenues from extractive industries to better support peacebuilding.

Media, Trials and Truth Comissions: ‘Mediating’ Reconciliation in Peru’s Transitional Justice Process

Increasing emphasis is being given to truth commissions in efforts to achieve transitional justice goals, including the establishment of a collective memory, democracy and reconciliation. Truth commissions alone cannot guarantee that these goals will be met, however. The authors of this article believe that the media also has a definitive impact on the process. Indeed, how the media portrays transitional justice mechanisms, such as truth commissions and trials, often determines how they are received in a postconflict society. Failure to take into account the importance of public opinion during transitional justice processes carries the risk of societal divisions being reinforced, which appears to have been the case in Peru. The authors argue that, for this reason, attention should be paid to establishing a constructive societal dialogue, which is often most possible through attention to the reform and support of the local media. Although a national dialogue may not always result in an agreed-upon collective memory, it is arguably a prerequisite. The media plays an important role in this endeavor and may ultimately encourage or hinder reconciliation and the recurrence of conflict.

Iraq: Exception to, or Epitome of Contemporary Post-conflict Reconstruction?

In the literature on post-conflict reconstruction, the intervention in Iraq has been understood as an exception to, if not an aberration from, contemporary state-building. This article argues that whether Iraq is an exception to, or the epitome of post-conflict reconstruction depends on the genealogy one attributes to the latter. Denying that Iraq is an exemplary instance of contemporary reconstruction means neglecting the continuities of state-building from interwar trusteeship via Germany and Vietnam to the contemporary reproduction of the neoliberal model continuities which the example of Iraq exposes more clearly than prior cases. An outline of the genealogy of state-building and an analysis of Iraqi reconstruction both point to the reproduction of a hegemonic international order as the rationale of statebuilding now and then.

The Mad Scramble of Congress, Lawyers, and Law Students After Abu Ghraib: The Rush to Bring Private Military Contractors to Justice

After the Abu Ghraib abuse became public, Congress and the world decried the actions of the military police, resulting in the prosecution of several military personnel. The military police, however, had accomplices in the abuse. Private military contractors accounted for one-third of the abuses at Abu Ghraib. Yet, none of those private military contractors ever faced criminal prosecution for their role in the abuse. The lack of prosecution gave way to a mad scramble. Congress, lawyers, and law students introduced solutions on how to bring private military contractors to justice. Nonetheless, private military contractors continue to commit crimes without any criminal prosecution. This lack of prosecution came to light again after a September 16, 2007 incident in which contractors for Blackwater allegedly fired at innocent Iraqi civilians. The incident angered the Iraqi government and the House of Representatives went on yet another mad scramble to ensure that, in the future, private military contractors will face criminal prosecution. Part II of this article describes the impetus behind the initial mad scramble after Abu Ghraib. Part III analyzes the congressional solution that resulted from the initial mad scramble, the Military Extraterritorial Jurisdiction Act (“MEJA”). Part III also discusses reasons why MEJA will fail to withstand judicial scrutiny and argues that further congressional response will suffer the same fate. Part IV describes the other congressional solution, court-martial, and why it also fails as a viable solution. Part V analyzes the other proposed solutions to bring private military contractors to justice and describes why they will not work. Part VI discusses a proposed solution that addresses the shortcomings of current congressional approaches.

Youth in War-To-Peace Transitions. Approaches by International Organisations

This study deals with youth in war-to-peace transitions and the response of international organizations to them. While youth’s relevance for societal transformation is a long-acknowledged fact, their large numbers and potential roles in conflict have recently caused organizations to consider them a target group for peace and development programs. Reflecting on this process, this study thus assesses the difficulties in conceptualizing the role of youth in peace-building processes on the one hand and the concrete efforts of international organizations to integrate them into their policies and programs on the other. For this purpose, it explores four guiding questions: First, what approaches have international organizations developed regarding youth? Second, on which assumptions about youth and their role in violent conflicts are they based? Third, how do the different approaches affect program development, and, fourth, are they are compatible? In order to explain the various responses of international organizations towards youth in conflict contexts, specifically regarding demobilization and reintegration, this study developed three ideal typical approaches: (1) a rights-based approach, (2) an economic approach, and (3) a socio-political approach. This study concludes that a holistic approach is needed in order for international organizations to profit from their distinct advantages.

Consilience of Knowledge for Sustained Positive Peace

The articles by Hugh Miall and Cordula Reimann in Berghof Handbook for Conflict Transformation (2001) attempt to map out a distinct theory of conflict transformation, but in the process they present the field of conflict resolution as a problem-solving theory (herein after, referred individually as ‘Article 1’ and ‘Article 2’, and collectively as ‘the Articles’). Conflict resolution is represented in the Articles by singularity of strategy, target group and as envisaging an end point to conflicts, when parties arrive at a ‘positive sum outcome’. This leads to a claim that conflict resolution is a relatively simplistic approach to contemporary conflicts, hence the Articles consider and develop conflict transformation as a more realistic approach to protracted violent conflict situations. This paper has two main aims; one, to provide an evaluation of the Articles and two, to raise the possibility of consilience at the level of knowledge, as the mainspring of ideas for concerted efforts to the problem of how sustained positive peace may be achieved in cases of protracted violent conflicts? “Consilience,” a term coined in the 19th century, refers to the uniting or integration of knowledge. At the outset, this paper evaluates the assessment of conflict settlement in Article 2, to highlight the contrast between the mainstream view and Article 2. Following this, the definition of conflict resolution proposed in Article 2 is appraised- to demonstrate dimensions and aims of conflict resolution which are reflected in the definition, yet not in the Articles. This paper then inquires into the original intentions of the architects of the problem-solving approach, the philosophy and background to their research agenda. In essence, their approach was very much a response to “power politics”- the dominant paradigm at that time (in the 60s). More importantly, the originators of the problem-solving approach do not claim their approach and its techniques as defining the field of conflict resolution.

Peacemaking in Rwanda: The Dynamics of Failure

The 1990s has seen an explosion of attention to the phenomenon of civil wars. A proliferation of actors has added complexity to conflict resolution processes. Recent theoretical research has highlighted the importance of inter-connections between parallel or overlapping conflict resolution activities. With this context in view, this book explores the connections between different regional and international conflict resolution efforts that accompanied the Rwandan civil war (from 1990 to 1994), and assesses the individual and collective impact they had on the course of that conflict. Jones explores the reasons for the failure of wide-ranging peace efforts to forestall genocidal violence in Rwanda in 1994. The book traces the individual and collective impact of both official and unofficial mediation efforts, peacekeeping missions, and humanitarian aid. It sets the peace effort in Rwanda in the wider context of academic theories about civil war and its resolution, and identifies a range of policy implications and challenges relating to conflict prevention, negotiation, and peacemaking.

The Struggle to Satisfy: DDR Through the Eyes of Ex-combatants in Liberia

This article calls for a re-examination of the justification, formulation and implementation of DDR programming in certain post-conflict environments. Qualitative fieldwork among ex-combatants in Monrovia, Liberia, suggests that the extent and form of DDR programming must be more sensitive to and predicated on context, accounting for conflict histories and current socioeconomic conditions and local institutional capacity. Moreover, in some post-conflict societies, a better use of international community resources may be to delink disarmament and demobilization from reintegration, focusing reintegration resources instead on open-access jobs programmes with discrete, complementary bilateral or multilateral programmes for particularly vulnerable groups.

Rewiring Interventions? UK Provincial Reconstruction Teams and ‘Stabilization’

This article explores developments in the UK’s institutional arrangements for managing ‘stabilization’ operations. It suggests that ‘stabilization’ activity takes place within a different framework of priorities from either ‘development’ or military-led ‘hearts and minds’ frameworks. It argues for a sharpening of, and to some extent a returning to basics for, Civil–Military Cooperation (CIMIC) while creating capabilities for a more developed form of ‘stabilization CIMIC’. It also highlights the need for new and widely understood institutions that enhance the capacity for comprehensive and integrated (rather than sequential or coordinated) interdepartmental operational planning. It stresses the difficulties with stabilization models that imply a generic sequencing of activities, rather than approaches that represent a mixture of simultaneity and ‘critical path analyses. The debates framed in this article are rooted in institutional developments witnessed in 2006 and 2007.

Inequality and Democracy: Why Inequality Harms Consolidation but Does Not Affect Democratization

Under what conditions do democracies emerge and consolidate? Recent theories suggest that inequality is among the leading determinants of both democratization and consolidation. By contrast, this article argues that inequality harms consolidation but has no net effect on democratization. The author shows that the existing theories that link inequality to democratization suffer from serious limitations: (1) they are useful only for understanding transitions from below and thus do not apply to many other transitions (that is, those from above); (2) even for democratization from below, their predictions are unlikely to hold, since inequality actually has two opposite effects; and (3) they ignore collective action problems, which reduces their explanatory power. However, these objections do not affect the relationship between inequality and consolidation. In particular, while inequality has two opposite effects on the probability of transition to democracy, it unambiguously increases the probability of transition away from democracy. This article conducts the most comprehensive empirical test to date of the relationship between inequality and democracy. It finds no support for the main democratization theories. Contrary to what they predict, estimation suggests neither a monotonic negative nor an inverted U-shaped relationship. Yet inequality increases the probability of backsliding from democracy to dictatorship.

Electoral Violence in Conflict-Ridden Societies: Concepts, Causes, and Consequences

What are the causes of electoral violence? And how does electoral violence influence conflict resolution and democracy? This article argues for a conceptualization of electoral violence as a specific sub-category of political violence, determined mainly by its timing and target. The enabling conditions and triggering factors can be identified in three main areas: 1) the nature of politics in conflict societies, 2) the nature of competitive elections, and 3) the incentives created by the electoral institutions. These clusters of factors are important for understanding electoral violence both between different societies and across elections in a specific country.

Forms of Civil War Violence and Their Consequences for Future Public Health

Previous research concerning the relationship between conflict and public health finds that countries emerging from war face greater challenges in ensuring the well-being of their populations in comparison with states that have enjoyed political stability. This study seeks to extend this insight by considering how different civil war conflict strategies influence post-conflict public health. Drawing a distinction between deaths attributable to battle and those fatalities resulting from genocide/politicide, we find that the magnitude of genocide/politicide proves the more effective and consistent predictor of future rates of disability and death in the aftermath of civil war. The implications of this research are twofold. First, it lends support to an emerging literature suggesting that important distinctions exist between the forms of violence occurring during civil war. Second, of particular interest to policymakers, it identifies post-civil war states that have experienced the highest rates of genocide/politicide as the countries most in need of assistance in the aftermath of conflict.

The Unavoidable Ghettoization of Security in Iraq

Post-conflict cities represent a laboratory in which to explore the substate orientation of security. Based on an analysis of developments in Baghdad, Basra and Falluja since 2003, this article argues not only that security is inherently selective, but also that the exclusionary actions of local or sectarian groups are more influential than those of statebased agents or projects based on security for the individual. The notion of security can accommodate multiple interpretations, but in practice a dominant discourse controls its meaning, and negotiation soon develops into patterns of domination and exclusion. This typically leads to a ‘ghettoization’ of security, whereby specific groups are secure only in specific areas. Security thus reflects the sum of myriad local arrangements. The key issue, therefore, is not whether there can be security for all, but the nature of the concessions made by substate and state-based types of security, and the contrast between them and models based on security for the individual.

Can Peacekeepers Be Peacebuilders?

The role of UN peacekeeping missions has expanded beyond the traditional tasks of peacekeeping to include a wide range of political, economic, and humanitarian activities. While such expansion indicates an improved understanding of the complexities and challenges of post-conflict contexts, it also raises questions about whether UN peacekeeping missions are equipped to handle peacebuilding tasks. Evidence from a study of the peacekeeping mission in Sierra Leone suggests they are not. This article argues that peacekeeping missions are a poor choice for peacebuilding given their limited mandates, capacity, leverage, resources and duration. Peacekeepers should focus on peacekeeping, by which they can lay the foundation for peacebuilding. Peacebuilding should be the primary task of national governments and their populations.

Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions

In a sweeping review of forty truth commissions, Priscilla Hayner delivers a definitive exploration of the global experience in official truth-seeking after widespread atrocities. When Unspeakable Truths was first published in 2001, it quickly became a classic, helping to define the field of truth commissions and the broader arena of transitional justice. This second edition is fully updated and expanded, covering twenty new commissions formed in the last ten years, analyzing new trends, and offering detailed charts that assess the impact of truth commissions and provide comparative information not previously available. Placing the increasing number of truth commissions within the broader expansion in transitional justice, Unspeakable Truths surveys key developments and new thinking in reparations, international justice, healing from trauma, and other areas. The book challenges many widely-held assumptions, based on hundreds of interviews and a sweeping review of the literature. This book will help to define how these issues are addressed in the future.

A Latin American Agenda for Peace

At the beginning of the twenty-first century, Latin American leaders, particularly from South America, collectively raised ethical questions about the foundations and practices of liberal peacebuilding. Embracing the idea of democracy as central to peace, these leaders have delinked democracy from the free market ideology and have developed their own models of regional economic cooperation, conflict management and dialogue. This article identifies the main discrepancies between the Latin American discourses and policies and the liberal interpretation of peacebuilding. It contends that the Latin American model provides alternatives to the hegemonic peacebuilding discourse.

“Walking Together” Toward Independence? A Civil Society Perspective on the United Nations Administration in East Timor, 1999-2002

Issues surrounding legitimacy and the role of civil society are at the forefront of contemporary global governance debates. Examining the United Nations Transitional Administration in East Timor (UNTAET) and focusing on the specific issue areas of justice and gender, this article evaluates the effectiveness and accountability of the administration from the perspective of East Timorese civil society, whose voice is largely absent from previous analyses. Drawing on the archive of the prominent civil society group La’o Hamutuk, this study adds precision and nuance to an area of research characterized by broad-stroke assessments of the legitimacy of multinational interventions. It finds variations in the levels of overall legitimacy exhibited by particular issue areas and differences in terms of the configuration of accountability and effectiveness enjoyed by UNTAET. Although sounding a cautionary note about the degree of civil society influence in global governance, the study concludes that La’o Hamutuk nevertheless provided a more diffuse sense of discursive voice and accountability than would otherwise have been accorded the East Timorese during this crucial period in their history.

(Re)Imagining Coexistence: Striving for Sustainable Return, Reintegration and Reconciliation in Bosnia and Herzegovina

Prior to the 1992–1995 war in Bosnia and Herzegovina, Bosniaks, Serbs and Croats shared neighbourhoods and friendships. The war, through its objective and effect, divided these communities and groups. Postconflict, the physical return of displaced persons and refugees was, and remains, insufficient to renew coexistence. Moreover, the weak economy aggravates divisions, further impeding sustainable return and reconciliation. Recognising these difficulties, UNHCR launched ‘Imagine Coexistence,’ a series of activities designed to rebuild trust among ethnic groups in areas of return. Many of the activities involved an income-generating component. The article reviews this and other similar initiatives that aim to promote livelihoods, community development, return and coexistence concurrently. It finds that while such inventive projects receive limited attention and funding, they have achieved successes in repairing social relationships, addressing poverty and strengthening communities in Bosnia. Consequently, they should be given greater prominence in Bosnia and more generally in the design of transitional justice and peace building interventions.

The Secretary Will Deny All Knowledge of Your Actions: The Use of Private Military Contractors and the Implications for State and Political Accountability

This article argues that the main issue regarding the use of private military contractors (PMCs) is that of accountability. It begins by exploring the status of mercenaries in international law, as reflected in various conventions, protocols, and state practice. It maintains that contrary to popular belief, the use of PMCs or mercenaries–no matter how defined–is not a violation of international law. However, their use has serious political implications at both the domestic and state levels because it obfuscates the issue of ultimate responsibility.

Re-Ordering Justice: Towards A New Methodological Approach to Studying Transitional Justice

Scholars and policymakers have turned increasing attention to questions of transitional justice, those legal responses to a former regime’s repressive acts following a change in political systems. Although there is a rich, interdisciplinary literature that addresses the value of various transitional justice measures, theoretical arguments for how and under what conditions we should expect to see these measures implemented tend to gravitate to intuitively appealing relative power considerations. But attempts at parsimony have tended to leave the dependent variable either overly restrictive or poorly defined, yielding theories that are difficult to test. In this article, the author proposes a “transitional justice spectrum” based on a hierarchical series of possible accountability mechanisms and designed to allow researchers to conduct more rigorous, cross-national tests of justice arguments. The objective here is not to posit a broad theory of transitional justice, but to open the debate into a methodological weakness in the transitional justice literature. The article includes seven accountability mechanisms: cessation and codification of human rights violations; condemnation of the old system; rehabilitation and compensation for victims; creation of a truth commission; purging human rights abusers from public function; criminal prosecution of executors (those lower on the chain-of-command); criminal prosecution of commanders (those higher on the chain-of-command).

Bribes or Bargains? Peace Conditionalities and ‘Post-Conflict’ Reconstruction in Afghanistan

This article focuses on the role of international aid donors in Afghanistan since the signing of the Bonn Agreement in 2001. Specifically, it explores the scope and utility of peace conditionalities as an instrument for peace consolidation in the context of a fragile war-to-peace transition. Geo-strategic and institutional concerns have generally led to an unconditional approach to assistance by international actors. It is argued that large inflows of unconditional aid risk re-creating the structural conditions that led to the outbreak of conflict. Aid conditionalities need to be re-conceptualized as aid-for-peace bargains rather than as bribes for security. Some forms of conditionality are necessary in order to rebuild the social contract in Afghanistan. This finding has wider relevance for aid donors and they should reconsider orthodox development models in ‘fragile state’ settings. Rather than seeing conditionalities and ownership as two ends of a policy spectrum, the former may be a necessary instrument for achieving the latter.

Corrupting or Consolidating the Peace? The Drugs Economy and Post-conflict Peacebuilding in Afghanistan

This article examines how the drugs economy emerged, evolved and adapted to transformations in Afghanistan’s political economy. With a primary focus on the conflictual war to peace transition following the signing of the Bonn Agreement, the relationship between drugs and political (dis)order is explored. Central to the analysis is an examination of the power relationships and institutions of extraction that developed around the drug economy. Expanding upon a model developed by Snyder (2004), it is argued that joint extraction regimes involving rulers and private actors have tended to bring political order whereas private extraction regimes have led to decentralized violence and political breakdown. This model helps explain why in some parts of Afghanistan drugs and corruption have contributed to a level of political order, whereas in other areas they have fuelled disorder. Thus, there is no universal, one-directional relationship between drugs, corruption and conflict. Peacebuilding involves complex bargaining processes between rulers and peripheral elites over power and resources and when successful leads to stable interdependencies. Counter-narcotics policies have the opposite effect and are thus fuelling conflict.

Civilian Peacebuilding: Peace by Bureaucratic Means?

This article draws attention to the shortcomings of civilian peacebuilding, which donors, aid agencies and NGOs have adopted in their policies and projects in recent years. It argues that government-sponsored peacebuilding propagates a conception according to which peace can be achieved by bureaucratic means. Although peacebuilding is committed to what peace research considers positive peace, its discourses and practices tend to depoliticise peace. Hence, peacebuilding represents a top-down variant of liberal peace, the meanings, substance and causal beliefs of which are taken for granted and less and less debated among practitioners and policy-makers. Reviewing a growing body of literature that takes a critical stance towards peacebuilding, this article identifies some of the conceptual and ethical problems shared by contemporary peacebuilding activities. It calls upon policy-makers and peace researchers to pay more attention to the prescriptive and instrumentalist logic of peacebuilding and encourages academics to rejuvenate a critical peace research tradition that offers alternative and more participatory approaches to peace.

The Imperative to Rebuild: Assessing the Normative Case for Postconflict Reconstruction

The past two decades have witnessed the proliferation of comprehensive international missions of peacebuilding and reconstruction, aimed not simply at bringing conflict to an end but also at preventing its recurrence. Recent missions, ranging from relatively modest involvement to highly complex international administrations, have generated a debate about the rights and duties of international actors to reconstruct postconflict states. In view of the recent growth of such missions, and the serious challenges and crises that have plagued them, we seek in this article to address some of the gaps in the current literature and engage in a critical analysis of the moral purposes and dilemmas of reconstruction. More specifically, we construct a map for understanding and evaluating the different ethical imperatives advanced by those who attempt to rebuild war-torn societies. In our view, such a mapping exercise is a necessary step in any attempt to build a normative defence of postconflict reconstruction. The article proceeds in two stages: first, we present the various rationales for reconstruction offered by international actors, and systematize these into four different “logics”; second, we evaluate the implications and normative dilemmas generated by each logic.

Fixing Failed States: A Framework for Rebuilding a Fractured World

The international community has struggled without much success to remedy the problem of failed states. Meanwhile, 40 or 50 countries around the world — from Sudan and Somalia to Kosovo and East Timor — remain in a crisis of governance. In this impressive book, Ghani, a former Afghan finance minister, and Lockhart, who has worked at the World Bank and the United Nations, assess the missteps and offer a new framework for coordinated action. They argue that international responses have failed because they have been piecemeal and have proceeded with little understanding of what states need to do in the modern world system to connect citizens to global flows. They advocate a “citizen-based approach.” State-building strategies would be organized around a “double compact”: between country leaders and the international community, on the one hand, and country leaders and citizens, on the other. The book also proposes methods for the generation of comparative data on state capacity — a “sovereignty index” — to be annually reported to the UN and the World Bank. Ultimately, this study offers a surprisingly optimistic vision. The fact that so many disadvantaged countries have made dramatic economic and political transitions over the last decade suggests that developmental pathways do exist — if only the lessons and practical knowledge of local circumstances can be matched to coordinated and sustained international efforts. The authors provide a practical framework for achieving these ends, supporting their case with first-hand examples of struggling territories such as Afghanistan, Sudan, Kosovo and Nepal as well as the world’s success stories–Singapore, Ireland, and even the American South.

Security Sector Reform under International Tutelage in Sierra Leone

This essay examines Sierra Leone’s security sector reform (SSR) programme in the context of a post-war recovery agenda with strong international involvement. It discusses the background and priorities as well as the successes and failures of the programme in the areas of armed forces restructuring; disarmament, demobilization and reintegration; police reform; parliamentary oversight; justice sector reform and intelligence and national security policy coordination. It concludes that an ongoing SSR programme in the country should be owned and driven by Sierra Leoneans with support from the international community, and that SSR should go beyond the restructuring of formal security institutions and retraining their personnel, and also work to strengthen the oversight capacities of parliament, the judiciary and civil society groups.

Military Integration after Civil Wars: Multiethnic Armies, Identity and Post-Conflict Reconstruction

This book examines the role of multiethnic armies in post-conflict reconstruction, and demonstrates how they can promote peacebuilding efforts. The author challenges the assumption that multiethnic composition leads to weakness of the military, and shows how a multiethnic army is frequently the impetus for peacemaking in multiethnic societies. Three case studies (Nigeria, Lebanon and Bosnia-Herzegovina) determine that rather than external factors, it is the internal structures that make or break the military institution in a socially challenging environment. The book finds that where the political will is present, the multiethnic military can become a symbol of reconciliation and coexistence. Furthermore, it shows that the military as a professional identity can supersede ethnic considerations and thus facilitates cooperation within the armed forces despite a hostile post-conflict setting. In this, the book challenges widespread theories about ethnic identities and puts professional identities on an equal footing with them.

Africa’s Development Beyond Aid: Getting Out of the Box

This article argues that Africa’s development rests not on aid, but on three key pillars: knowledge, entrepreneurship, and governance. Africa needs to think outside of the box when establishing these pillars. However, to make these three levers work, a change in mindset is a prerequisite. Africa has to start dreaming big dreams that empower it to see long-term. Africa must restructure societies so that networks beyond closed ethnic networks are more prominent. The larger social capital that will result will build a foundation for development. Africa also needs to incorporate new actors in its development agenda, including faith-based organizations, the diaspora, and the business class; and it must encourage immigrant entrepreneurs, especially Asians, to come in as chase rabbits. Better governance will come from the transformation of people from subjects to citizens. For success in international trade, Africa needs to learn the lessons of the Savannah, where the effective pack is the king.

Recovering From Violent Conflict: Regeneration and (Re-)Integration as Elements of Peacebuilding

In the last decade of the 20th century 43 countries have been considered as countries emerging from violent conflicts. Most of them were affected by intra-state wars and civil wars, and most of these belong to the category of the poorest (“less developed countries” according to criteria of the Organisation for Economic Cooperation and Development (OECD). An extraordinary high percentage was located in the African continent. The international community pledged more than one hundred billion dollars in aid to war-torn societies. These were designed to build up infrastructure, to persuade formerly warring parties to resolve conflict in a non-violent way and to contribute to economic development and participatory governance. Experts and political actors have stated that international agencies often used too narrowminded a concept in the past, reducing their activities to technical reconstruction after the end of violent conflict. A broader conceptualisation is needed to support the difficult long-term process of transformation from war to peace. This chapter gives an overview of the variety of tasks required to make post-conflict recovery successful in the sense of preventing further conflict and some tensions and dilemmas are identified and discussed.

Peacekeepers Among Poppies: Afghanistan, Illicit Economies and Intervention

This article analyses the role that the illicit narcotics economy has played in violent conflict in Afghanistan since the 1990s and the relationship between counter-narcotics and counter-insurgency policy in the country today. It details the evolution of the peacekeeping mission vis-a?-vis the narcotics economy, and the effects to date of the counter-narcotics policies that have been adopted since 2001. It argues that aggressive opium poppy eradication in Afghanistan today is premature and counterproductive with respect to counter-insurgency and stability objectives, as well as with respect to long-term economic development goals. The article concludes by providing policy recommendations on the role of peacekeeping forces with respect to illicit economies, arguing that the most important role peacekeeping forces have in tackling crime and reducing illicit economies is to provide security.

Mind the Gap: Documenting and Explaining Violence Against Aid Workers

The brutal murder of 17 national staff members of Action Contre le Faim (ACF) in Sri Lanka in August 2006 and ambushes, kidnappings, and murders of aid workers elsewhere have captured headlines. This article reviews the prevailing explanations, assumptions, and research on why humanitarian actors experience security threats. The scholarly literature on humanitarian action is fecund and abundant, yet no comparative review of the research on humanitarian security and scholarly sources on humanitarian action exists to date. The central argument here is twofold. First, an epistemic gap exists between one stream that focuses primarily on documenting violence against aid workers “a proximate cause approach” while a second literature proposes explanations, or deep causes, often without corresponding empirical evidence. Moreover, the deep cause literature emphasizes external, changing global conditions to the neglect of other possible micro and internal explanations. Both of these have negative implications for our understanding of and therefore strategies to address security threats against aid workers.

Moral Responsibilities and the Conflicting Demands of Jus Post Bellum

When a violent conflict ends, the question of what should be done next is often extremely difficult to answer comprehensively. Several moral theories aspire to help people think and act reasonably and constructively in such circumstances, guiding them toward the formulation of potential ways forward by identifying, clarifying, and perhaps ordering the issues at stake, and undertaking a principled consideration of the possible practical consequences of these formulations. In this article, I consider how one body of moral theorizing in particular—just war theory—may be equipped to contribute to the morality of postconflict reconstruction. Specifically, I wish to consider whether the ostensibly most robust or attractive form of jus post bellum is vulnerable to this ‘‘action-guiding’’ problem. I will illustrate the problem via the notion of a ‘‘just occupation’’ of a defeated unjust aggressor by just victors after a just war. (‘‘Humanitarian intervention,’’ insofar as it also entails a form of occupation, can therefore give rise to a similar internal contradiction.) If the vulnerability charge stands, jus post bellum could thus fall foul of Alex Bellamy’s contention that its addition to just war theory may in fact be seriously misguided. I am not mounting a wholesale rejection of jus post bellum. I will, in fact, propose a further set of action-guiding principles to jus post bellum in partial response to the problem I identify, and others might well follow once the theory is subjected to more extensive treatment. But I also suggest that what we should generally expect of jus post bellum in terms of its action-guiding potential needs significant further consideration.

Balancing Peace, Justice and Sovereignty in Jus Post Bellum: The Case of ‘Just Occupation’

Theories of jus post bellum have tended to be what I call `restricted’, in that they have focussed on the norms to govern the ending and immediate aftermath of a just war. But the goal of building a just peace, which is the ultimate aim of a just war, often places rather longer-term responsibilities on the shoulders of the victorious just, especially where occupation of the defeated unjust state is required (the scenario on which I concentrate). Given the variety of possible post-conflict situations, then, we should expect there to be various conceptions of jus post bellum, sensitive to the context-specific demands of the `just peace’ objective. This article therefore sets out the case for an `extended’ theory of jus post bellum which is likely to be required in, for example, occupation scenarios. But, having argued that `restricted’ conceptions do not fully lay out what might be reasonably expected of just occupiers, the article then contends that the `extended’ considerations may be in significant tension with another post- bellum requirement, namely, the obligation to restore sovereignty to the occupied state as soon as is reasonably feasible. Various ways of negotiating the tension are discussed and found to be wanting. Given that just war theory in general is supposed to be action-guiding, the concern is that an extended jus post bellum may be unhelpfully action-disorienting. The ostensibly strong case for it is therefore cast into some doubt and some implications for how the obligations of peacebuilding for just occupiers should theorised are considered.

The Liberal Peace Is Neither: Peacebuilding, State building and the Reproduction of Conflict in the Democratic Republic of Congo

This article discusses the attempts at state-building by international actors in the Democratic Republic of Congo (DRC). It uses this experience to discuss some of the obstacles and dilemmas facing external state-builders. I argue that attempts at state-building by foreign actors in the DRC have not had much success, and point out four reasons. First, insufficient resources have been provided. Second, donors have used a standardized approach that does not take local context sufficiently into account. Third, domestic power relations have been such that state-building has not served the interests of key actors. Finally, the policy has been based on a fixed, non-negotiable conception of what the state eventually should look like. Although all these factors have contributed to the failure to create a liberal state in the DRC, the last two appear to be more fundamental than the first and the second.

The Role of Security Sector Reform in Sustainable Development: Donor Policy Trends and Challenges

This paper attempts to account for the gap between donor policies in support of SSR in developing countries, in particular in post-conflict African states, and their record of implementation. It explores the inadequacies of the present development cooperation regime and argues that a substantial part of this gap can be explained by the tension that exists between the prevalence of a state-centric policy framework on the one hand, and the increasing role played by non-state actors, such as armed militia, private security and military companies, vigilante groups, and multinational corporations on the other hand, in the security sector. This paper, which acknowledges the growing importance of regional actors and questions the state-centric nature of SSR, recommends a paradigmatic shift in the current approaches to development cooperation. The external origin and orientation of SSR needs to be supplemented by more local ownership at the various levels of SSR conceptualisation, design, implementation, monitoring, and evaluation in order to enhance synergy between donor priorities and interests on the one hand, and local needs and priorities on the other hand.

From War to Politics: Resistance/Liberation Movements in Transition

The purpose of this report is to present the content of the discussions and main lessons learnt from an international roundtable meeting organised in Berlin on March 7-9, 2008, on the role of a key set of actors in peace negotiations and agreement implementation: resistance and liberation movements. It is addressed to a wide range of audiences, including members of resistance/liberation movements and their interlocutors, such as governmental, non-governmental and international actors (e.g. policy-makers, donors, academics, governments and intermediaries) interested in constructive conflict transformation support. Besides the groups which were represented at the conference (ANC, CPN-Maoist, GAM, LTTE, M-19, Sinn Fein, SPLM/A, URNG), it is hoped that other resistance/liberation movements which find themselves in negotiation or post-negotiation situations might gain some ideas and inspiration for their own settings. The purpose of this report is not to design a universal set of rules for successful peace negotiations, agreements and implementation, nor to ‘teach lessons’ on what to do in each participant’s context, but rather to present some self-reflections on successes and failures in peacemaking and peacebuilding across various settings, by key conflict stakeholders, which might inspire their peers in other contexts. As argued by one of the participants, “hearing about comparable experiences elsewhere might help to become more objective about one’s own context”. The conflict transformation community might also gain a lot of insights from this report, by better understanding the processes and challenges of preparing and conducting peace negotiations and implementing peace accords from the perspective of national insurgency movements.

Nonviolent Resistance and Conflict Transformation in Power Asymmetries

This article argues that nonviolent resistance should instead be seen as an integral part of conflict transformation, offering one possible approach to achieving peace and justice, alongside other methods of conflict intervention focusing on dialogue, problem-solving and the restoration of cooperative relationships (e.g. mediation, negotiation, restorative justice, etc.). It is especially relevant for the early transitional stage of latent asymmetric conflicts, as a strategy for empowering grievance groups (oppressed minorities or disempowered majorities) looking for constructive and efficient ways to attain justice, human rights and democracy without recourse to violence. While nonviolent techniques have been widely used by single-interest groups such as trade unions and anti-nuclear, indigenous or environmentalist movements, this article refers primarily to nation-wide campaigns by identity or national groups who are challenging internal oppression or external aggression and occupation, and seeking either self-determination or civil rights in a truly democratic and multicultural state. Although nonviolent action has also been advocated as a national strategy of civilian-based defence and dissuasion against external aggression, this article focuses more specifically on ways it has been applied by non-state actors such as social movements and grassroots organisations.

The Role of a Banking System in Nation-Building

This essay proffers the proposition that a banking system is more than background noise. A banking system functions as the heart and lifeblood of any functioning economy. A banking system is the key to economic growth and development. It is essential to unlocking wealth, creating opportunities, providing jobs, and facilitating commerce. It provides a mechanism for individuals and businesses to participate in the global economy. Importantly, banks, when they do their jobs correctly, allow their customers to have a vested interest in a strong and stable society. However, one no more builds a nation by establishing a banking system than one builds a nation by writing a constitution. A banking system is important in part because of the elements required to make it function: a legal system that respects contracts and agreements, honoring the rights of both debtors and creditors; an independent central bank; a judiciary that follows the rule of law; and a government that understands the importance of strong, healthy banks and provides sound supervision and a legal framework within which they can operate. Only then can the banking system accomplish its primary roles-that of providing a safe haven for the funds of the public and a means to devote those funds in productive loans to build the economy. A healthy banking system, then, not only helps build a nation for what it does, it helps build a nation for what it requires.

Iraq: The Contradictions of Exogenous State-building in Historical Perspective

This article compares Britain’s failed attempt at building a stable, liberal state in Iraq from 1914 to 1932 with the USA’s struggle to stabilise the country after regime change in April 2003. It sets out a template for endogenous state-building based on the evolution of the European state system. It then compares this to exogenous extra-European state-building after both World War I and the Cold War. It focuses on three key stages: the imposition of order, the move from coercive to administrative capacity and finally the evolution of a collective civic identity linked to the state. It is this process against which Iraqi state-building by the British in the 1920s and by the USA from 2003 onwards can be accurately judged to have failed. For both the British and American occupations, troop numbers were one of the central problems undermining the stability of Iraq. British colonial officials never had the resources to transform the despotic power deployed by the state into sustainable infrastructural capacity. Instead they relied on hakumat al tayarra (government by aircraft). The dependence upon air power led to the neglect of other state institutions, stunting the growth of infrastructural power and hence state legitimacy. The US occupation has never managed to impose despotic power, having failed to obtain a monopoly over the collective deployment of violence. Instead it has relied on ‘indigenisation,’ the hurried creation of a new Iraqi army. The result has been the security vacuum that dominates the south and centre of the country. The article concludes by suggesting that unsuccessful military occupations usually end after a change of government in the intervening country. This was the case for the British in May 1929 and may well be the case for the USA after the next presidential election in 2008.

Civil War Peace Agreement Implementation and State Capacity

Negotiated civil war terminations differ from their interstate war counterparts in that one side must disarm and cease to exist as a fighting entity. While termination through military victory provides a relatively more enduring peace, many civil wars end with peace agreements signed after negotiations. However, research has shown that the implementation of civil war peace agreements is difficult and prone to collapse. Often these failures are followed by recurrence of the conflict. In some cases, the agreements break down before key provisions are implemented. This article adds to this topic by focusing on the role of state capacity in peace agreement success. We argue that peace agreements and state capacity are necessary but not sufficient conditions for sustainable peace. The article employs a case study approach to explore the importance of state capacity in implementing civil war peace agreements. The role of third-party interventions is also considered. The cases (United Kingdom-Northern Ireland, Indonesia-Aceh, Burundi, Mali, and Somalia) include 14 peace agreements that vary by war type (secessionist or control over government), type of agreement (comprehensive or partial), levels of state capacity (high or low), and peace success (success, partial or failure), and each experienced third-party involvement in the peace process.

Wartime Sexual Violence: Assessing a Human Security Response to War-Affected Girls in Sierra Leone

Wartime sexual violence continues to be widespread and systematic in contemporary conflicts. Although the problem is gaining increasing international attention, it has remained, for the most part, peripheral within the domain of security studies. However, the human security agenda may have the capacity to raise the profile of wartime sexual violence and offer a useful framework from which to understand and respond to the unique needs of war-affected girls and women. This article explores the capacity of the human security agenda, both conceptually and practically, to address the plight of girl victims of sexual violence in the aftermath of Sierra Leone’s conflict. Drawing upon the perspectives and experiences of three girls formerly associated with Sierra Leone’s Revolutionary United Front, the article traces the extreme forms of sexual violence and insecurity girls were forced to endure, both during and following the conflict. It also examines a number of human security efforts implemented in the conflict’s aftermath and their impact on the level of empowerment, protection and security of girls. The broader implications of these human security efforts are explored in light of the girls’ lived realities in post-conflict Sierra Leone.

Divided Nations: The Paradox of National Protection

Internal displacement, which in many cases leads to refuge across international borders, has emerged as one of the major crises confronting the world today. The assumption, clearly erroneous, is that unlike refugees, who have lost the protection of their own governments by crossing international borders, the internally displaced remain under the protection of their national governments. In most cases, these same governments are actually the cause of their displacement, and worse—they neglect and even persecute them. This article aims to develop a new international response to the global crisis of internal displacement in acutely divided nations. It suggests the problem is more than a humanitarian and human rights issue; the underlying causes have much to do with gross inequities in the shaping and sharing of values and the gross discrimination and marginalization of certain groups. Citizenship becomes largely of paper value. The crisis is ultimately a challenge of nation building.

Crisis Prevention and Conflict Management by the European Union: Concepts, Capacities and Problems of Coherence

The first part of this article analyzes the new approaches and structures adopted in the ‘crisis prevention’ policy-making field. It sketches out the guidelines of the European Commission and the European Council, which have formed an appropriate framework for the analysis of conflicts, for early warning and early action. It then, outlines the extent to which first capacities have emerged in this field and how the interaction of very different actors has increased since the mid-1990s. The second section of the article examines the relationship between the EU and African, Caribbean, and Pacific countries in this context.

Humanitarianism Sacrificed: Integration’s False Promise

In recent years, there have been concerted efforts to ensure that the different components of the international response to crisis-affected countries, whether conducted under the banner of the United Nations or not, are integrated in pursuit of a stated goal of comprehensive, durable, and just resolution of conflict. This includes a drive to purposefully make humanitarian assistance to victims, one of the principal forms of outside involvement in crisis situations, supportive of the “international community’s” political ambition. The implication of the coherence agenda is that meeting lifesaving needs is too limited in scope, and that the principles of impartiality, neutrality, and independence that have typically characterized humanitarian action should be set aside in order to harness aid to the “higher” goals of peace, security, and development.

Challenges to Peace: Conflict Resolution in the Great Lakes Region of Africa

Efforts to bring peace and reconstruction to the Central African region have been fashioned by contemporary conflict resolution models that have a standard formula of peace negotiations, with a trajectory of ceasefire agreements, transitional governments, demilitarization, constitutional reform and ending with democratic elections. Local dynamics and the historical and multifaceted nature of the conflicts are rarely addressed. Furthermore, participants in the peace process are restricted to representatives of political parties, the state and rebel movements, to the exclusion of civil society. Using as examples the conflicts and peace processes in three Great Lakes countries-Rwanda, Burundi and the Democratic Republic of Congo-the paper contends that contemporary global frameworks for peacemaking and peace building that rest on the acceptance of neoliberal political and economic models cannot lay the foundations for the conditions necessary for sustainable peace. This necessitates the utilisation of a more inclusive concept of peace, the starting point of which has to be the emancipation of African humanity.

Transferring Provinces to Iraqi Control: The Reality and the Risks

The victories that Iraqi and Coalition forces have won to date may have largely dealt with the “win” aspects of a “win, hold, and build” strategy, but this is only part of the story. The future of Iraq’s security forces, and Iraq’s future security and stability, will depend on how well the force development effort is supported by political accommodation and effective governance at the national, province, and local level. Progress here is necessary not only to consolidate the gains made against AQI and the JAM, but it is critical to both avoiding new forms of sectarian and ethnic conflict, and to giving the ISF the mix of civilian partners that allows Iraq to “build and hold”as well as to win. Conditions-based US withdrawals need to be tied to these developments as well as to the progress in developing the Iraqi security forces.

The Role of Women in Stabilization and Reconstruction

It is widely recognized that women and young people are primary victims of conflict. During war, women are displaced, subjected to sexual violence and HIV/AIDS by fighting forces, and assume the caretaking role for children and the elderly. They are vulnerable to exploitation, abuse, sexual slavery, disease, and forced recruitment into armed groups. Yet as the survivors of violent conflict, women also bear the burden of reconstruction. They return to destroyed communities and begin the process of rebuilding infrastructure; restoring and developing traditions, laws, and customs; and repairing relationships. In government and through civil society, women worldwide are contributing to all pillars of stabilization and reconstruction operations: security, governance, justice and reconciliation, and socioeconomic development. Indeed, their leadership in the transition period can serve as a window of opportunity to empower women, promote gender equality, advance women’s position in society, and bring wider benefits to many elements of society. A growing body of research has shown that capitalizing on the activities of women peacebuilders not only advances women’s rights, but leads to more effective programs and, ultimately, to a more sustainable peace.

Conclusion: From Iron Fist to Invisible Hand – Peace Operations, Organized Crime and Intelligent International Law Enforcement

This conclusion reviews the Special Issue’s perspective on organized crime as both potential ‘enemy’ and ‘ally’ of peace processes. The social and economic power wielded by organized crime is highlighted, pointing to the role that peace operations play as an intervening variable between individuals/communities and the environments in which they operate. Peace operations use a range of tactics, from coercion to co-option, working with or against organized crime. However, these tactics will only be successful if they are framed within a coherent strategy, which may pursue either containment or transformation- or seek to combine them- through a phased transitional strategy. Peace operations should be a key component in a broad strategy of intelligent international law enforcement.

Winning Haiti’s Protection Competition: Organized Crime and Peace Operations Past, Present and Future

This article draws lessons from the experiences of international involvement in Haiti from 1990 to the present day. It argues that if the model of liberal, responsible government championed by the international community is to provide a resolution to the ongoing violence and instability in Haiti, then Haitian society will first have to be wooed away from coercive ‘protection’ by local and transnational organized crime. However, it argues that peace operations as they are currently conceived and deployed are ill-equipped for this task, given their limited territorial ambit and traditional focus on military response rather than political economy. However, the article concludes that experiences in Haiti may also offer lessons about how peace operations could win ‘protection competitions’ by serving as the leading edge of a unified international strategy for the transformation of local political economies.

Commercial Security in Humanitarian and Post-Conflict Settings: An Exploratory Study

Commercial security is increasingly present in humanitarian and post-conflict settings. The UN has even considered using commercial security to solve peacekeeping shortfalls. Yet using commercial security in these settings raises difficult ethical, operational and strategic questions. This exploratory study begins to describe the decentralized, ad hoc use of commercial security in these settings, in an attempt to provoke the further research and discussion needed before these questions can be adequately answered. The study involved forty-four interviews with senior officials, describing their organizations’ relations with commercial security providers. It deals with a wide variety of users and providers, while highlighting common themes and previously obscured fault lines.

The Limits of Retributive Justice: Findings of an Empirical Study in Bosnia and Hercegovina

Notwithstanding the recent proliferation of war crimes tribunals, a fundamental question remains: whether the confidence that such institutions have generated among their supporters is, in fact, justified. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a case study, this article empirically explores four reputed merits of criminal trials — that they dissipate calls for revenge, individualize guilt, establish a historical record and contribute to reconciliation. It demonstrates that each of these claims, with the possible exception of the first, is problematic, which, in turn, highlights the limits of retributive justice. Hence, the article advocates the creation of a Truth and Reconciliation Commission in Bosnia to complement the ICTY’s work. It also maintains that our expectations of war crimes tribunals need to be more realistic, in view of the obstacles and challenges that they face, and that their mandates should be more specifically tailored to the particular circumstances in which they are operating.

How Liberal Peacebuilding May be Failing Sierra Leone

The concept of security is the driver for peacebuilding and development, as well as social and political change in post-conflict countries. A review and analysis of three key government documents indicates that, in Sierra Leone, securitisation discourse is embedded in both the political economy discourse of the state and in the popular imagination. The Security Sector Review equates security and peace while the country’s Poverty Reduction Strategy Paper sees security as a driver for change. The 2006 Work Plan of the Ministry of Agriculture, Forestry and Food Security illustrates the extent to which the work of ministries is security-based. Sierra Leone’s political economy of post-conflict peacebuilding favours macro-economic security that is to trickle down into social and political peace. Discourse analysis shows that, framed within security parameters, post-conflict peacebuilding is meant to have an effect of ‘trickle-down peace’ that in effect constrains transformation with the potential for facilitating conditions for a return to conflict.

Winning the Peace: Principles for Post-Conflict Operations

In Iraq and Afghanistan, the United States has relearned painful lessons on how to win the peace. Institutionalizing these lessons requires establishing a common national strategic concept for post-conflict operations. Post-conflict operations are among the most difficult to plan and execute, even under the best of circumstances. Expectations that post-conflict activities will be smooth, uncomplicated, frictionless, and nonviolent are unrealistic, as is the assumption that grievous policy errors or strategic misjudgments cause all difficulties. The Administration and Congress must adopt policies that ensure effective interagency operations and unity of effort. Successful post-conflict operations cannot be planned effectively in Foggy Bottom or the Pentagon. Planning and implementation must be done in theater, in concert with the military combatant commands.

(Dis)integration, Incoherence and Complexity in UN Post-conflict Interventions

The UN has developed a series of internal ‘integration reforms’ that aim to increase its capacity to integrate its post-conflict efforts through a single coherent strategy, and ultimately to support sustainable war-to-peace transitions. This article argues that these reforms could be redesigned to take into account the causes of the (dis)integration, incoherence and complexity of UN post-conflict interventions, to make them more comprehensive and more realistic. While some degree of both strategic coherence and operational integration may be necessary to improve the effectiveness of UN post-conflict interventions, these are inadequate without an increased conflict-sensitivity in each UN entity involved in post-conflict interventions. For the whole to be greater than the sum of the parts, the parts must make a significant contribution to the whole.

Ending Wars and Building Peace: International Responses to War-Torn Societies

Scholars and practitioners of international relations have devoted increasing attention to how cease-fires, once achieved, may be translated into sustained peace. In recent years, the United Nations, the World Bank, and the United States and other governments have revamped their institutional architecture for addressing post-conflict reconstruction and peacebuilding. The creation in 2006 of a UN Peacebuilding Commission exemplifies these changes. The relationship between weak states and the durability of peace has acquired new emphasis in IR research. This article analyzes recent conceptual developments in post-conflict peacebuilding, relating them to new thinking about fragile states. It then analyzes the international architecture for addressing post-conflict peacebuilding, identifying gaps, and analyzing likely policy challenges in the near future. We argue that despite important analytic insights and institutional changes, serious challenges persist in efforts to prevent wars from recurring.

Odious Debts and Nation Building: When the Incubus Departs

We tend to ascribe all the problems of a nation to an “evil-doer,” – an oppressive regime, inadequate leadership, etc. – and there is an expectation, the “Beowulf Syndrome,” that all the problems of a nation will be solved once the “evil-doer” is overthrown. However, as the author states, “one souvenir of the former regime that may not be so easy to expunge-the debt obligations incurred by the prior government in the name of the state.” This article discusses the burden that debt, incurred by a dictator or oppressive regime, has on the citizenry of post-conflict states, and the subsequent challenges of nation-building.

Introduction: Criteria for Evaluating Post-conflict Reconstruction and Security Sector Reform in Peace Support Operations

One of the key challenges arising from the recent increase in international involvement in post-conflict situations has been to establish security and to transfer responsibility to local institutions in ways compatible with principles of ownership, accountability and economic sustainability. While there is no lack of prescriptions for security transitioning, there has been little analysis of past efforts. The author suggests a list of criteria for the evaluation of success and failure of security sector reconstruction and reform in post-conflict situations. He also describes various dilemmas for external actors and concludes with a hypothesis on how the behaviour of external actors influences success and failure of security sector reconstruction and reform.

Disarming Somalia: Lessons in Stabilisation From a Collapsed State

International efforts to resolve the Somali crisis have foundered on one central paradox: the restoration of state institutions is both an apparent solution to the conflict and its most important underlying cause. Somalis tend to approach disarmament and demobilisation-two central pillars of the ‘state-building’ process-with the fundamental question: who is disarming whom? If the answer threatens to entrench unbalanced and unstable power relations, then it may also exacerbate and prolong the conflict. In this paper, the authors examine disarmament and demobilisation initiatives from southern Somalia, Puntland and Somaliland. In southern Somalia, externally-driven disarmament and demobilisation initiatives in support of successive interim ‘governments’ have been widely viewed with suspicion and alarm. In Somaliland and Puntland, Somali-led, locally owned efforts have achieved a degree of success that can be instructive elsewhere. The authors conclude that conventional international approaches to ‘state-building’ in Somalia must be reassessedâ-notably that security sector issues must be treated not as a purely ‘technical’ issue, but as an integral part of the political process.

The Role of Private Sector Actors in Post-conflict Recovery

Countries need active, equitable and profitable private sectors if they are to graduate from conflict and from post-conflict aid-dependency. However, in the immediate aftermath of war, both domestic and international investment tends to be slower than might be hoped. Moreover, there are complex inter-linkages between economic development and conflict: in the worst case private sector activity may exacerbate the risks of conflict rather than alleviating them. This paper calls for a nuanced view of the many different kinds of private sector actor, including their approaches to risk, the ways that they interact and their various contributions to economic recovery. Policy-makers need to understand how different kinds of companies assess risk and opportunity. At the same time, business leaders should take a broader view of risk. Rather than focusing solely on commercial risks and external threats such as terrorism, they also need to take greater account of their own impacts on host societies. Meanwhile, all parties require a hard sense of realism. Skilful economic initiatives can support-but not replace-the political process.

The Role of International Law in Rebuilding Societies after Conflict

International law can create great expectations in those seeking to rebuild societies that have been torn apart by conflict. For outsiders, international law can mandate or militate against intervention, bolstering or undermining the legitimacy of intervention. International legal principles promise equality, justice and human rights. Yet international law’s promises are difficult to fulfil. This volume of essays investigates the phenomenon of post-conflict state-building and the engagement of international law in this enterprise. It draws together original essays by scholars and practitioners who consider the many roles international law can play in rehabilitating societies after conflict. The essays explore troubled zones across the world, from Afghanistan to Africa’s Great Lakes region, and from Timor-Leste to the Balkans. They identify a range of possibilities for international law in tempering, regulating, legitimating or undermining efforts to rebuild post-conflict societies.

Building Peace and Political Community in Hybrid Political Orders

Peacebuilding supports the emergence of stable political community in states and regions struggling with a legacy of violent conflict. This then raises the question of what political community might mean in the state in question. International peacebuilding operations have answered that question in terms of the promotion of conventional state-building along the lines of the Western Organization for Economic Cooperation and Development (OECD) model as the best path out of post-conflict state fragility and towards sustainable development and peace. This article argues for peacebuilding beyond notions of the liberal peace and constructions of the liberal state. Rather than thinking in terms of fragile states, it might be theoretically and practically more fruitful to think in terms of hybrid political orders, drawing on the resilience embedded in the communal life of societies within so-called fragile regions of the global South. This re-conceptualization opens new options for peacebuilding and for state formation as building political community.

Security Sector Reform in Liberia: An Uneven Partnership without Local Ownership

The security situation in Liberia is currently quite good, and at a glance the peacebuilding process seems to be moving ahead. However, the root causes of the conflict have not been adequately addressed, but have in fact become more interlinked in the aftermath of the civil war. Instead of addressing local perceptions of insecurity the international community made plans for Liberia without considering the context in which reforms were to be implemented. The peace in post-conflict Liberia is therefore still fragile and the international presence is regarded as what secures the peace. Still, the UN is supposed to start its full withdrawal in 2010, indicating that the international community will leave the country without addressing the root causes of conflict.

Making Plans for Liberia – A Trusteeship Approach to Good Governance?

Since the end of the Liberian civil war in August 2003 the international community has been “making plans” for Liberia. However, it rarely questioned whether these plans were in accordance with the political and economic logic of the peace agreement and the subsequent transitional government. The consequence was that corruption continued and a much more intrusive economic management plan was established. The Governance and Economic Management Assistance Programme is supposed to combat corruption and facilitate good governance, but it also limits the range of policy options for the new democratically elected government of Ellen Johnson-Sirleaf. The irony is that the best and most legitimate government that Liberia has ever had is subject to stronger external control than any of its predecessors. The probability that this scheme will remain sustainable when donor interest shifts elsewhere is low, and what is needed is a more pragmatic approach that draws a wider segment of Liberian society into anti-corruption management and creates checks and balances between them.

Minding the Liability Gap: American Contractors, Iraq, and the Outsourcing of Impunity

With the proliferation of the U.S. military’s reliance on contractors as a means of supplementing – and not just supplying – the troops on the ground, serious questions have arisen with respect to the legal regime governing the contractors’ conduct. The legal regime that governs those contractors is at best unclear, given the contractors generally fall outside the auspcies of the Uniform Code of Military Justice. My focus is on the accountability of the U.S. government for the actions of their private contractors. In Part II, I discuss the necessity and importantce of a civil right of action in these cases. Part III will examine the era of privatization and rise of the private contractor in the War on Terror. Part IV demonstrates the lack of accountability for U.S.-directed contractor abuse under current law. Finally, in Part V, I examine mechanism for minding the liability gap between the rights of the abused and the liability of those ultimately responsible.

Women and Nation-Building

The challenge of nation-building, i.e., dealing with the societal and political aftermaths of conflicts and putting new governments and new social compacts into place, has occupied much international energy during the past several decades. As an art, a process, and a set of competencies, it is still very much in an ongoing learning and experimentation phase. The RAND Corporation has contributed to the emerging knowledge base in this domain through a series of studies that have looked at nation-building enterprises led by the United States and others that were led by the United Nations and have examined the experiences gained during the reconstruction of specific sectors. Our study focuses on gender and nation-building. It considers this issue from two aspects: First, it examines gender-specific impacts of conflict and post-conflict and the ways in which events in these contexts may affect women differently than they affect men. Second, it analyzes the role of women in the nation-building process, in terms of both actual current practices, as far as these could be measured and ascertained, and possible outcomes that might occur if these practices were to be modified.

Laying the Foundations of Democracy: Reconsidering Security Sector Reform Under UN Auspices in Kosovo

This article explores the relationship between security sector reform (SSR) and democratic transition in post-conflict contexts, drawing on Kosovo as a case. The study focuses in particular on the justice sector in Kosovo, reviewing the ways in which security, the rule of law and democracy have been intertwined. The article first outlines the context of the international mission in Kosovo, before proceeding to consider how the objectives, needs and constraints of different actors have influenced the reform of the security institutions and the democratization process. Thereafter, it discusses the concepts of SSR and democratic transition, briefly reviewing the UN discourse and record in SSR-related activities. Finally, it explores the interplay of these factors in the Kosovo justice sector reform process. The main finding stemming from this analysis is that not only do SSR and democratization agendas interfere with each other, but measures adopted to cope with security challenges related to the post-conflict context can also affect them both. Furthermore, this finding demonstrates that a welldeveloped UN theoretical discourse is still not matched by the reality of UN practices in the field.

Building Peace After War

Author addresses the widespread practice of intervention by outside actors aimed at building ‘sustainable peace’ within societies ravaged by war, examining the record of interventions from Cambodia in the early 1990s to contemporary efforts in Afghanistan and the Democratic Republic of the Congo. The book analyses the nature of the modern peacebuilding environment, in particular the historical and psychological conditions that shape it, and addresses the key tasks faced by outside forces in the early and ciritical ‘post-conflict’ phase of an intervention.

Transitional Justice, Interdisciplinarity and the State of the “Field” or “Non-Field”

Transitional justice appears to be an established field of scholarship connected to a field of practice on how to deal with past human rights abuses in societies in transition. The original focus of transitional justice discourse was that human rights law requires accountability in transitions, rooted in the discipline of law. Over time, this focus has been expanded to include a much broader range of mechanisms, goals and inquiries across a range of disciplines. In order to probe the current state of the field, this article argues against the current conception of transitional justice as a praxis-based interdisciplinary field. It suggests that there is a hidden politics to how transitional justice has been constructed as an interdisciplinary field that obscures tensions between the range of practices and goals that it now incorporates.

State Building and Post-Conflict Demilitarization: Military Downsizing in Bosnia and Herzegovina

In 2002, conventional wisdom held that the consolidation of Bosnia’s three ethnically distinct armies into a single force under a unitary chain of command was an unrealistically ambitious goal for the foreseeable future. NATO’s Secretary-General agreed that year to remove defence reform as a precondition to Partnership for Peace (PfP) membership, a first step towards NATO accession. However, less than two years later defence reform was being implemented, albeit incrementally and begrudgingly, and those seemingly distant goals were near at hand. Scholars and policymakers quickly focused on the motives for this unlikely reform process and the institutions it would produce. However, since 2006, the year in which Bosnia’s armies and defence ministries formally united, the literature has gone silent on the topic of defence reform in Bosnia and Herzegovina (BiH). The fact that institutional defence reform had been achieved overshadowed discussions of its impact and long-term implications. This article attempts to fill this gap by addressing the following question: how has military downsizing been implemented within the scope of defence reform, and how has its implementation either supported or hindered broader state building agendas in BiH?

Early Warning and the Field: A Cargo Cult Science?

Early warning is a large field with many different methodologies operating on different levels and with a wide range of issues. There are a broad variety of actors involved in these systems from grassroots projects to academics working on computer simulations. Few people would disagree with the concept of early warning: to obtain knowledge and, what is more, to use that knowledge to assist in the mitigation of conflict. In this sense, early warning is an irrefutable necessity. There is a need to actively engage in crisis prevention where the first step is the prognosis of when, why and where conflict will erupt. This is the same process as any troubleshooting: what is the problem and cause, how imminent and what can we do about it? The options that can be taken are necessarily tied to the understanding of the cause. It is, in this sense, that crisis prevention is coupled to early warning. Although related, it is different to ask whether early warning systems are essential or whether they can be successful. They are related to each other because the concepts of early warning behind their importance are in turn the criteria of success. This chapter will critically review whether early warning systems can effectively: (a) identify the causes of conflict, (b) predict the outbreak of conflict, and, what is more, (c) mitigate that conflict.

Views on the Ground: The Local Perception of International Criminal Tribunals in the Former Yugoslavia and Sierra Leone

If international criminal courts are to achieve their aims—one of which is to contribute to the consolidation of democracy and the triumph of the rule of law over the instinct for revenge after prolonged periods of communal violence—perception of their legitimacy by the local population is a crucial factor. After laying out and comparing the basic features of the International Criminal Tribunal for the formerYugoslavia and the Special Court for Sierra Leone as to their respective origins, objectives, and programs of outreach, the article examines local reception from three standpoints: perceptions of overall legitimacy, perceptions of tribunal impartiality, and the effect of public perceptions of the tribunals on the respective countries’ reconciliation process.

Harnessing Post-Conflict “Transitions”: A Conceptual Primer

This monograph addresses the topic of ‘transitions’ in complex stability operations and is intended to serve a wide audience that includes military and civilian policymakers, international development experts, and scholars in academe. It is a primer, systematic review and comprehensive assessment of the fields of research and practice on transitions. Transitions are conceived of through four lenses: as a process, authority transfer, phasing, and end state. Considering these perspectives, the authors provide a definition of ‘transition’ in the context of complex stability operations. The intellectual landscape on transitions is immense. From a sample of more than 170 sources, the monograph outlines a typology of six transitional categories while noting their embedded interdependencies: war-to-peace, power, societal, political-democratic, security, and economic. The state of practice reveals a variety of “approaches” and “tools” to address the challenges of post-conflict transitions, although these tend to be narrow and serve parochial interests. The authors conclude with recommendations that include a need for greater research emphasis on the following: testing underlying assumptions of current transition tools and indicators, understanding institutional resilience, identifying thresholds and tipping points between transition phases, and isolating interdependencies between institutions experiencing simultaneous transitions.

Managing Armed Conflicts in the 21st Century

The unification of Germany extended the economic and political system of the west to the east. The system transfer led to a “problematic normalisation” as East Germans have tried to adjust to uncertainties they had never known: in employment, education and training, family life, immigration. A decade on, the book examines what kind of civil society has emerged, how East Germans fared in th social transformation and how processes of transformation in the new Germany relate to European policy agendas for analysing social transformation and its two key tenants: the transformation process affecting advanced industrial societies generally, and the process of post-communist transformation pertaining to Germany. The book addresses this “dual transformation”, firstly, by placing the developments in eastern Germany in a comparative European perspective and, subsequently, by considering in key areas of east German society and through personal responses, to what extent state-socialist legacies continue to matter.

Reconstructing and Reforming the Financial System in Conflict and `Post-Conflict’ Economies

Reconstructing the financial system in countries affected by violent conflict is crucial to successful and broad-based recovery. Particularly important tasks include: currency reform, rebuilding (or creating) central banks, revitalising the banking sector, and strengthening prudential supervision and regulation. Encouragement of private capital into the banking sector must be balanced by protection of the public interest, a task made more difficult by the nature of war-to-peace transition. Bank crises can destabilise economies in recovery from war, and their fiscal burden takes resources away from development and poverty spending – thereby threatening ‘post-conflict’ reconstruction itself.