Gauging the Magnitude of Civilization Conflict

Multiple studies of Huntington’s suggestion of a clash of civilizations have found no support for it. This study does not reanalyze his thesis, but rather focuses on specific features of the different-civilization conflict he theorizes about. Using empirical analysis I find that different-civilization conflict is more prevalent than same-civilization conflict, and is therefore appropriate for continued scholarly examination. Even so, I conclude that over time it is not only shrinking as a percentage of the overall world conflict as previously reported but is doing so at a rate more pronounced than heretofore realized. My results support Roeder’s findings that the most contentious civilizations are the West, Orthodox, and Islam, with Western states as a group being more contentious than the other two. As for a most contentious civilization dyad, I find the probability of conflict to be about the same for Western-Islamic and Western-Orthodox states. Finally, I conclude that the contentiousness of Western states derives in large part from their tendency to band together or cooperate during violent conflict.

Shared Space: Ethnic Groups, State Accommodation, and Localized Conflict

Why does ethnic violence occur in some places but not others? This paper argues that the local ethnic configuration below the national level is an important determinant of how likely conflict is in any particular place. Existing studies of ethnicity and conflict focus on national-level fractionalization or dominance, but much of the politics surrounding ethnic groups’ grievances and disputes takes place at a more local level. We argue that the existence of multiple ethnic groups competing for resources and power at the level of sub-national administrative regions creates a significant constraint on the ability of states to mitigate ethnic groups’ grievances. This in turn increases the likelihood of conflict between ethnic groups and the state. In particular, we argue that diverse administrative regions dominated by one group should be most prone for conflict. Using new data on conflict and ethnic group composition at the region level, we test the theory and find that units with one demographically dominant ethnic group among multiple groups are most prone to conflict.

Still the Spectre at the Feast: Comparisons between Peacekeeping and Imperialism in Peacekeeping Studies Today

The sheer ambition and scale of UN peacebuilding today inevitably invokes comparison with historic practices of colonialism and imperialism, from critics and supporters of peacebuilding alike. The legitimacy of post-settlement peacebuilding is often seen to hinge on the question of the extent to which it transcends historic practices of imperialism. This article offers a critique of how these comparisons are made in the extant scholarship, and argues that supporters of peacekeeping deploy an under-theorized and historically one-sided view of imperialism. The article argues that the attempt to flatter peacebuilding by comparison with imperialism fails, and that the theory and history of imperialism still provide a rich resource for both the critique and conceptualization of peacekeeping practice. The article concludes by suggesting how new forms of imperial power can be projected through peacebuilding.

Equality Matters: Negotiating an End to Civil Wars

This article explores relationships between procedural justice (PJ) in the negotiation process, distributive justice (DJ) in the terms of negotiated agreements, and their durability in cases of civil war. Adherence to PJ principles was found to correlate strongly with agreements based specifically on the DJ principle of equality. Agreements were also found to be more durable when based on equality, but not when based on other DJ principles. The equality principle accounted for the relationship between PJ and durability irrespective of differences between the parties in power. Further examination suggested that two types of equality in particular—equal treatment and equal shares—were associated with forward-looking agreements and high durability. The findings suggest that durability is served by including equality in the terms of agreements, and that PJ helps (but does not guarantee) achieving such agreements.

Bodies of Desire, Terror and the War in Eurasia: Impolite Disruptions of (Neo) Liberal Internationalism, Neoconservatism and the ‘New’ Imperium

The leaders of the neoliberal world order are now intensifying their interventions by unleashing force with impunity while slaughtering people in the name of liberal internationalism’s peace, freedom, democracy and security. Their calls, interventions of imperial violence, push us to ask: how do we disrupt these dominant processes guided by ontological antagonisms and existential wars whose ultimate goal becomes ‘bringing life back’? In this article, I draw on Foucault’s biopolitics and articulate beyond his theorisations that imperial processes such as liberal internationalisms, neoliberal entrepreneurships and neoconservative politics are intimately converging and diverging in the reassembling and reconstructing of international life. More concretely, an analysis of the CPA planners and forces in Iraq points to those processes and terrains of antagonism that are foundational to the reassembling and reconstructing of this order: the direct use of force and the racial and gendered corporeal reconstructions (i.e. which bodies are deemed structurally impossible and ontologically dead) to engineer this universal/global order.

Spoiler Problems in Peace Processes

This study begins to develop a typological theory of spoiler management and pursues the following research objectives: (1) to create a typology of spoilers that can help custodians choose robust strategies for keeping peace on track; (2) to describe various strategies that custodians have used to manage spoilers; (3) to propose strategies that will be most effective for particular spoiler types; (4) to sensitize policymakers to the complexities and uncertainties of correctly diagnosing the type of spoiler; and (5) to compare several successful and failed cases of spoiler management in order to refine and elaborate my initial propositions about strategies.  The article argues that spoilers differ by the goals they seek and their committment to acheiving those goals.  Some spoilers have limited goals; other see the world in all-or-nothing terms and seek total power.

At War’s End: Building Peace After Civil Conflict

This book is a major contribution to an understanding of the theory, practice and consequences of peacekeeping.  Paris demonstrates how peacekeeping has evolved from the modest attempt to keep the peace into the much more ambitious agenda of engineering the socio-political conditions of a stable peace.  Paris shows that the attmept by the international community to promote democracy and markets has created, in various places, not a liberal peace but instead renewed competition and violence.  Cases include: Angola, Rwanda, Cambodia, Liberia, Bosnia, Croatia, Nicaragua, El Salvador, Guatemala, Namibia, Mozambique, Kosovo, East Timor / Timor Leste, Sierra Leone

Does Peacekeeping Keep Peace? International Intervention and the Duration of Peace After Civil War

This article examines international interventions in the aftermath of civil wars to see whether peace lasts longer when peacekeepers are present than when they are absent. Because peacekeeping is not applied to cases at random, I first address the question of where international personnel tend to be deployed. I then attempt to control for factors that might affect both the likelihood of peacekeepers being sent and the ease or difficulty of maintaining peace so as to avoid spurious findings. I find, in a nutshell, that peacekeeping after civil wars does indeed make an important contribution to the stability of peace.

Culture, Power Asymmetries and Gender in Conflict Transformation

To try and address these three issues in one chapter is quite a challenge. It also makes sense, since they are intimately related. I shall argue that the overarching culture of domination, which has prevailed for thousands of years, provides the framework and cultural sanction for oppression and exploitation, and is characterized by oppressive male/female relationships. I shall relate the need to challenge this culture – and its manifestation in asymmetrical gender constructions and relationships – to the need to address another global power asymmetry created by the last five hundred years of colonization, the asymmetry between ‚the West and the rest‘. This history and the resulting structural relationships have made respectful and honest dialogue about culture-related issues extremely difficult. It also explains the suspicion with which conflict transformation is regarded outside the West. Unless it gives due emphasis to questions of power, to the need for justice in global relationships and to the right to equality of women and other marginalized groups, it will not be taken seriously by most of the world‘s people, or enriched by their experiences and insights. It will also fail to address the question of domination, and arguably help to perpetuate it, acting as a tool for pacification, rather than for the achievement of genuinely peaceful (i.e., just) relationships.

In the first part, I shall discuss the relationship between culture, attitudes to power and power asymmetry, constructions of gender and gender relations and the impact of all three (and of their mutual influence) on conflict and its conduct. In the second part, I shall examine the implications of this for conflict transformation, some of the tensions between the values and ideals it embodies and the realities of the situations it seeks to transform. In the third part of the chapter, I shall consider how the needs of equality, cultural sensitivity and constructive approaches to power can be incorporated into organizations that seek to contribute to conflict transformation, and suggest some elements of good practice in conflict intervention itself. I shall conclude by reflecting on the immensity of the challenges that face us, suggesting that we need to add to rigour and analysis a more fluid and tentative approach.

UN Integrated Peacekeeping Operations and NGOs: Reflections on Governmental Rationalities and Contestation in the Age of Risk

In the first decade of the new millennium, with the adoption at the UN of the ‘responsibility to protect’ as the organizing concept for intervention, non-governmental organizations (NGOs) emerge as increasingly important partners in international peacekeeping operations. Postmodernist analysts of liberal international security have critically addressed the growing role of international interventionism as well as NGOs. The literature, however, has overstated the effectiveness of liberal biopolitical rationalities in successfully inscribing all political actors, to include NGOs, into their script. Based upon the exploration of discourses of UN reform and integrated peacekeeping, this article argues that, while in the post-Cold-War world international security is reconceptualized in biopolitical terms and calculating rationalities are deployed, the implementation of the biopolitical liberal script is ridden with ambiguities, indecisions and stumbling blocks. International liberal mechanisms for governing disorder produce not only effects of domination and control but also spaces for political appropriation and contestation by NGOs and civil society.

Nation-Building and Integration Policy in the Philippines

The Philippines can be considered a country where successive governments have sought to create a single nation by implementing integration policies. In this article, two formal models are developed –the modernism model and the historicism (primordialism or essentialism) model — to suitably analyze the national integration policy of the Philippines. The analysis reveals that (1) the post-independence national integration policy of the Philippines cannot be regarded as being successful; (2) national integration in the Philippines will continue to be difficult; (3) no deterministic argument can be made regarding the relationship between mobilization and national cleavage; and (4) the modern nation should not be regarded as an extension of pre-modern ethnic groups but as a new identity group that is formed through the process of modernization. In addition, the mathematical implications of the two models are derived. The modernism model implies that (1) in some cases, a ruling group that is in the majority at the time of independence can maintain its position even if it cannot assimilate a majority of the underlying people after independence; (2) in some cases, a ruling group that is not in the majority at the time of independence cannot attain a majority even if it is able to assimilate a majority of the underlying people after independence; and (3) a larger ruling group is not always capable of promoting greater integration than a smaller one can. On the other hand, the historicism model implies that the size of the underlying ethnic group that will comprise the ruling group when mobilized is the key to the success or failure of national integration.

Grasping the Financing and Mobilization Cost of Armed Groups: A New Perspective on Conflict Dynamics

This paper approaches conflict financing as a combination of available revenue sources and the cost to start and maintain armed conflict. The paper therefore goes beyond conceptualizations of conflict financing that only look at the total available revenue of armed groups. Based on recent small arms research, the paper sketches a tool to estimate the mobilization cost of armed groups with the objective to establish data points for barriers to entry into armed conflict and the cost of competition during armed conflict. The paper argues that what matters in conflict financing is to identify the financing and mobilization costs together, and if an armed group can pay for the type of conflict required to reaching its objective. The paper contributes to an evolving literature on the feasibility of conflict and provides a new perspective on conflict dynamics with implications for peace processes, peacebuilding, and policy against conflict financing.

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.

Can Development Prevent Conflict? Integrated Area-based Development in the Western Balkans

The increasingly active role of international organisations in conflict prevention and post-conflict reconstruction in recent years has been complemented by a continuous shift from humanitarian assistance to a more holistic and sustainable response to complex emergencies. Concentrating on a sub-national level, the article analyses the potential and practical results of the area-based development approach (ABD) in contributing to conflict prevention and linking reconstruction and development. Firstly, it analyses the theoretical and methodological underpinnings of the approach in light of current academic discourse on conflict and reconstruction. Secondly, it assesses the practical contribution of two ABD programmes in South and Southwest Serbia to conflict prevention and development. Based on these findings it summarises and discusses key strengths and limitations of the approach. It argues that although ABD is often effective in responding to complex conflict characteristics on sub-national levels, under its current conceptualisation, it suffers from a limited ability to respond to the full complexity of issues related to conflict and development on multiple levels. The contradiction in the terms ‘integrated’ and ‘area-based’ needs to be addressed both conceptually and in practical applications, and the article formulates recommendations for the improvement of the approach in this respect.

Getting the Policies Right: The Prioritization and Sequencing of Policies in Post-Conflict Countries

One of the most pressing issues in the post-conflict reconstruction field is how to prioritize and sequence political, social, and economic policies to enable post-conflict countries to sustain peace and reduce the risk of violence re-occurring. Analyzing three cases of post-conflict reconstruction (Cambodia, Mozambique, and Haiti) and expert opinions of 30 academicians and practitioners, this study identifies major reconstruction policies, outlines the preferred way to prioritize and sequence them, and develops a framework to help policymakers better navigate the complexities and challenges of forming appropriate policies.

State Building for Future Wars: Neoclassical Realism and the Resource-Extractive State

Neorealist theory holds that the international system compels states to adopt similar adaptive strategies namely, balancing and emulation or risk elimination as independent entities. Yet states do not always emulate the successful practices of the system’s leading states in a timely and uniform fashion. Explaining this requires a theory that integrates systemic-level and unit-level variables: a ‘resource-extraction’ model of the state in neoclassical realism. External vulnerability provides incentives for states to emulate the practices of the system’s leading states or to counter such practices through innovation. Neoclassical realism, however, suggests that state power – the relative ability of the state to extract and mobilize resources from domestic society – shapes the types of internal balancing strategies that countries are likely to pursue. State power, in turn, is a function of the institutions of the state, as well as of nationalism and ideology. The experiences of six rising or declining great powers over the past three hundred years – China, France, Great Britain, Japan, Prussia (later Germany), and the United States – illustrate the plausibility of these hypotheses.

Trends and Causes of Armed Conflict

From the start of 1990 to the end of 1999 there were 118 armed conflicts world wide, involving 80 states and two para-state regions and resulting in the death of approximately six million people. If we seek to prevent conflict from escalating into armed warfare, or, failing that, to at least achieve an end to fighting as soon as possible, and if we want to maximise the opportunity for avoiding the return of the war after apparent settlement, we must first be sure that we properly understand armed conflicts and their causes. This chapter attempts to provide a brief overview of what is known and understood about the causes of armed conflict. The theoretical basis of that knowledge is both limited and important. It is limited, in that it does not offer much by way of general explanation of the phenomenon of armed conflict; this is, perhaps, hardly surprising, given its complexity and diversity. It is also important because it provides valuable guidance as to where to look when analysing individual conflicts for signs of potential escalation and when seeking opportunities for preventing violent escalation. The chapter begins by discussing the incidence and nature of armed conflicts during the 1990s. It then reviews the current state of theoretical knowledge with the aim of providing not only an overview but also a source of further reference, before proceeding to methodology. The article then identifies the paired concepts of justice and mobilisation as the best way to link different types and levels of causes, to connect the short-term with the long-term and to relate the socio-economic background with the political foreground. It illustrates this by looking more closely at the category referred to as ethnic conflict.

Corporate Warriors: The Rise of the Privatized Military Industry and Its Ramifications for International Security

The aim of this article is to introduce the privatized military industry. It seeks to establish a theoretical structure in which to study the industry and explore its impact on the overall risks and dynamics of warfare. The first section discusses the emergence and global spread of PMFs, their distinguishing features, and the reasons behind the industry’s rise. The second section examines the organization and operation of this new player at the industry level of analysis (as opposed to the more common focus in the literature on individual firms). This allows the classification of the industry’s key characteristics and variation. The third section offers a series of propositions that suggest potential consequences of PMF activity for international security. It also demonstrates how critical issue areas, such as alliance patterns and civil-military relations, must be reexamined in light of the possibilities and complications that this nascent industry presents.

Give Peace a Chance: Nonviolent Protest and the Creation of Territorial Autonomy Arrangements

This study examines factors that predict the formation of territorial autonomy arrangements for regionally concentrated ethnic communities. Territorial autonomies are institutional arrangements that allow ethnic groups to express their distinct identities while keeping the borders of host states intact. Although an extensive literature has investigated the capacity of autonomy arrangements to manage interethnic disputes, little research has addressed the precise origins of these institutions. The existing literature considers violent tactics as a primary factor that enables ethnic collectivities to attain territorial autonomy. In this study, the reasoning from the extant literature is juxtaposed with the arguments developed in the research on nonviolent opposition. Nonviolent movements enjoy moral advantage vis-a?-vis violent groups. Moreover, peaceful tactics have the advantage of garnering attention for the concerns of ethnic groups without the liability of provoking the animosity or distrust created by violent conflict. Based on the analysis of a dataset representing 168 ethnic groups across 87 states from 1945 to 2000, it is found that the peaceful tactics groups employ when seeking greater self-rule is the single strongest predictor of the formation of autonomy arrangements. In particular, this study concludes that groups that rely on peaceful tactics, such as protests and strikes, and demand territorial autonomy, as opposed to an outright independence, have a greater potential to achieve territorial autonomy in comparison to those groups making extreme demands through the use of violence.

The Civilisation of Conflict: Constructive Pacifism as a Guiding Notion for Conflict Transformation

How, and by what means, is peace constituted? In the first two decades of the twentieth century, a leading pacifist, Alfred H. Fried, set this fundamental question at the heart of the pacifist programme. Causal pacifism was the key term. The doctrine of causal or cause/effect pacifism is therefore rooted in an attempt to think systematically about the prerequisites and conditions for peace. Irrespective of whether or not this specific term was used by individual authors, causal pacifism was a key academic and practical issue in the classical pacifism debate. It is one of the great tragedies of the twentieth century that this concept declined in popularity among pacifist movements and finally became a non-issue. In a twentieth century marked by violence, war, genocide and mutual threats of destruction within the framework of deterrence, antimilitarism – for quite understandable reasons – came to dominate the pacifist agenda and shape its thinking and action. In short, causal pacifism and comparable approaches could therefore also be described as ‘constructive pacifism’ – a pacifism that is geared to the construction and architecture of peace.

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?

Conflict Transformation Through Educational and Youth Programs

Within a broad-based, multidimensional approach to Conflict Transformation, youth and educational work is a cross-cutting challenge. It should feed into many fields of activity (e.g. health care, media work, labour market policy, etc.), especially during phases of conflict latency and in post-conflict situations. This article examines the theoretical and conceptual debate about the teaching of peace and conflict resolution skills. No off-the-shelf solutions can be formulated. On the contrary, peace education faces complex and even contradictory challenges. For example, the tension between individual behavioural patterns at micro level and social policy actions at macro level cannot be dismantled. The article explores the various intervention options available within formal education (schools and vocational training) and non-formal education (social work, youth work and adult education). Ten potential fields of activity are identified: inter-institutional cooperation, education structures, language education, teaching materials/curriculum development, participation and peer group education, programmes for children and families, storytelling/remembrance, integration and community work, international exchange, and training/re-training of educators. Further research is required in some fields which pose particular challenges, e.g. work with parents, pre-school education, intergenerational learning, linking remembrance with current human rights issues, and the role of spirituality. Above all, the prevailing Western individualised notion of education, on which most peace education concepts – including this article – are still based, must be critically reappraised

Roles and Functions of Third Parties in the Constructive Management of Ethnopolitical Conflicts

The opposition between the ethnically defined parties frequently appears so all-embracing and thoroughgoing that it seems impossible for the conflict to be deescalated without the participation of actors not involved in it. These latter have come to be known by the term third parties. Third parties can be either governmental/non-governmental institutions or single individuals/groups of individuals who are not involved, at least directly, in the conflict. Where agreement is lacking, however, is in regard to the precise roles and functions these third parties should assume in order to have a truly peace-making effect. This question will be examined more closely in what follows here.

Peaceful Intervention: Structures, Processes, and Strategies for the Constructive Regulation of Ethnopolitical Conflicts

The study starts by attempting to draw up a list of the special characteristics of ethnopolitical conflicts. The list is intended to be such as to facilitate strategic reflection about whether it is possible to influence the dynamics of a conflict from outside, and if so, how (Section 2). The next section gives a schematic account of the structures of conflict regulation, embracing not only the realm of states but also the various fields of operation of the realm of societies, and also the necessity of developing initiatives at different social levels. The fourth section proceeds from the assumption that the involvement of third parties is of considerable importance in dealing with acute ethnopolitical conflicts, and this section also contains a systematized account of the functions and strategies that may be adopted by these third parties. Based on this, five process-oriented approaches to conflict regulation are presented. All of these display distinct programmatic and analytic features, though in practice they often figure in various combinations (Section 5).

Resistance and the Post-liberal Peace

This article discusses what an IR and peacebuilding praxis derived from the everyday might entail. It examines the insights of a number of literatures which contribute to a discussion of the dynamics of the everyday. The enervation of agency and the repoliticisation of peacebuilding is its objective. It charts how local agency has led to resistance and hybrid forms of peace despite the overwhelming weight of the liberal peace project. In some aspects this may be complementary to the latter and commensurate with the liberal state, but in other aspects the everyday points beyond the liberal peace.

Assessing the State-of-the-Art in Conflict Transformation

The following analysis aims to provide some direction through the jungle of conceptual and definitional imprecision that is prevalent in the overall field of conflict management and conflict transformation. The guiding question in this analysis is how to map out conceptually and theoretically the fields of conflict management and conflict transformation. This question will be discussed in the context of the conflict management field with reference to three possible approaches: conflict settlement, conflict resolution and conflict transformation. To give the following analysis a useful framework, I will first focus on the research agenda and research questions, and then move forward to review the role of theory and research methods.

“Local Ownership” in Conflict Transformation Projects: Partnership, Participation or Patronage?

The article argues that the demand for local ownership in externally funded conflict transformation projects is counterproductive, if it is seen as a concrete project objective. Nevertheless, the demand has an important function as policy ideal, pointing to the necessity for change in present international cooperation. Instead of aiming towards the impossible goal of literal “local ownership” of a foreign-funded project, which by definition inscribes the roles of donor and beneficiary, the focus should be on the nature of the relationship between the donors and the beneficiaries. It is within this relationship that power is or is not shared and that the equality of the partners may or may not be realised. The concept of “learning sites” can be used as a framework to counter asymmetrical relationships and develop a more equal partnership between “insiders” and “outsiders” in international peacebuilding work.

Principal-Agent Problems in Humanitarian Intervention: Moral Hazards, Adverse Selection, and the Commitment Dilemma

A number of recent studies have concluded that humanitarian intervention can produce unintended consequences that reduce or completely undermine conflict management efforts. Some analysts have argued that the incentive structure produced by third parties is a form of moral hazard. This paper evaluates the utility of moral hazard theory and a second type of principal-agent problem known as adverse selection. Whereas moral hazards occur when an insured party has an opportunity to take hidden action once a contract is in effect, adverse selection is the result of asymmetric information prior to entering into a contract. Failing to distinguish between these two types of principal-agent problems may lead to policy advice that is irrelevant or potentially harmful. Along with introducing the concept of adverse selection to the debate on humanitarian intervention, this study identifies a commitment dilemma that explains why third parties operating in weakly institutionalized environments may be unable to punish groups that take advantage of intervention.

Invoking the Rule of Law in Post-Conflict Rebuilding: A Critical Examination

Establishing the rule of law is increasingly seen as the panacea for all the problems that afflict many non-Western countries, particularly in post- conflict settings… This Article argues that this newfound fascination with the rule of law is misplaced… This Article proceeds as follows: Part I traces the historical origins of the links among security, development, and human rights discourses since World War II and identifies some recurring themes, despite real differences among them. Part I also points out the ways in which the lines among these discourses began blurring since the 1970s and during the post-Cold War period, especially in the context of peace operations. Part II discusses the convergence between the human rights and rule of law discourses in the post-Cold War period, but also points out the continuing differences between the two. Part III examines the meaning of the rule of law in the context of development and finds that the rule of law is no substitute for human rights. Part III also questions whether the rule of law is even a key requirement for successful economic growth. Part IV examines the meaning of the rule of law in the context of security and finds that reliance on this concept cannot hide the more fundamental question of legitimacy in the post-9/11 world. In the field of security, it would not be prudent to lessen the reliance on the discourse of human rights for the fuzzier discourse on the rule of law. The Conclusion then offers some reflections on the lessons that have been learned about how best to capture the synergy that may exist between different fields of international interventions in the security, development, and human rights policy domains.

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.

Aid and Conflict: The Policy Coherence Challenge

The future of aid lies at the intersection of security and development. Two paradigm shifts are underway: (1) within the development community, away from the concern to maximise economic growth towards enhanced freedoms of individuals and groups; and (2) within the security establishment, away from the traditional concern with the security of states towards the security of individuals and groups. Since 9/11, failed and frail states, whether conflict-affected or conflict-prone, have emerged as major threats to human security. Security threats that were previously confined to the periphery have become global. This is why the management of risks has become central to the development enterprise and why the targets, instruments, methods, skills, and operational emphases of aid are being reshaped to achieve policy coherence for both development and security. This paper argues that the pursuit of policy coherence must also embrace questions of security and their interaction with development.

Peacebuilding and Corruption

The article argues that questions of definition relating to corruption are central to understanding its significance and its prominence in peacekeeping contexts. Definitional issues are discussed and a definition that combines certain universal features while acknowledging the importance of local norms and rules is offered. The definition revolves around actions, decisions and processes that subvert or distort the nature of public office and the political process. The challenge for peacebuilders is to develop and enforce standards for public office that have sufficient linkage with local norms and expectations to command some support, and to do so in a context that, by definition, lacks consensus on norms and principles of legitimacy for public office. The article explores some of the strategies open to those in post-conflict contexts and argues that corruption will frequently be a rational strategy for many, creating a vicious cycle that is hard to break. The article also questions how far corruption should be the major concern of peacekeeping forces, and how the concept might be disaggregated to allow a more targeted approach – one that recognizes that attacking corruption directly may not always be the best strategy, and that sees that corruption may not always be the major priority.

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.

Rule of Law and Human Rights Protections through Criminal Law Reform: Model Codes for Post-conflict Criminal Justice

This article examines the inter-relationship between the rule of law, criminal law reform and international human rights norms and standards in post-conflict societies from a theoretical as well as a practical perspective. In several peace operations, both national and international actors have faced significant challenges in reforming the domestic criminal law framework. Reflecting upon these challenges, many practitioners have called for the creation of law reform tools. With the aim of providing such tools, the Model Codes for Post-conflict Criminal Justice Project has developed a set of model criminal laws. The model codes have been drafted in a manner that is fully compliant with international human rights norms and standards in the field of criminal proceedings. The article discusses how such model codes may meaningfully contribute to domestic criminal law reform efforts, not as a panacea but a start for enhanced human rights protection in post-conflict states.

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.

“Frameworkers” and “Circlers” – Exploring Assumptions in Peace and Conflict Impact Assessment

[carouselgallery number=”-1″ category=””]This article was borne out of a need to bring together two contending constituencies and their arguments about why and how to identify impact in peacebuilding initiatives in practice. The two constituencies, which I call “frameworkers” and “circlers” in this article, involve sets of people who blend across the lines of development and conflict transformation work and possess very different arguments about how to conceptualise and operationalise issues of impact and change in programme design, monitoring and evaluation. In this article, I begin by outlining the two basic constituencies. I then briefly review the current status of peacebuilding monitoring and evaluation, and reflect on which constituency dominates at present. This is followed by an analysis of a series of topics that are debated between the two groups; some of these topics are debated openly and addressed by other works that examine peacebuilding monitoring and evaluation, and some lie below the surface or are not articulated as debates. Finally, I present some concrete examples of ways that peacebuilding or other social change oriented programmes have adpoted to bridge the positions in practice and identify practices that can strengthen particular areas that are currently under-developed and can benefit programmes.

Healing Past Violence: Traumatic Assumptions and Therapeutic Interventions in War and Reconciliation

Since South Africa’s Truth and Reconciliation Commission (TRC), a therapeutic moral order has become one of the dominant frameworks within which states attempt to deal with a legacy of violent conflict. As a consequence, the grammar of trauma, suffering, repression, denial, closure, truth-revelation, and catharsis has become almost axiomatic to postconflict state-building. The rise of the postconflict therapeutic framework is tied, ineluctably, to the global proliferation of amnesty agreements. This article examines the emergence and application of two therapeutic truisms that have gained political credence in postconflict contexts since the work of the TRC. The first of these is that war-torn societies are traumatized and require therapeutic management if conflict is to be ameliorated. The second, and related truism, is that one of the tasks of the postconflict state is to attend to the psychiatric health of its citizens and the nation as a whole. The article shows how, and to what effect, these truisms coalesce powerfully at the site of postconflict national reconciliation processes. It argues that the discourse of therapy provides a radically new mode of state legitimation. It is the language through which new state institutions, primarily truth commissions, attempt to acknowledge suffering, ameliorate trauma and simultaneously found political legitimacy. The article concludes by suggesting that, on a therapeutic understanding, postconflict processes of dealing with past violence justify nascent political orders on new grounds: not just because they can forcibly suppress conflict, or deliver justice and protect rights, but because they can cure people of the pathologies that are a potential cause of resurgent violence.

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.

Conflict Transformation: A Mutli-Dimensional Task

This paper aims to identify what is distinctive about conflict transformation theory and practice, as well as to identify its key dimensions. We need such a theory of conflict transformation if we are to have an adequate basis for the analysis of conflicts, as well as for devising appropriate responses to them and evaluating the effects of these responses. The paper argues that such theories need to be continually adjusted in response to the changing nature of conflicts, and that current theories must be adapted in order to take proper account of the globalisation of conflicts and conflict interventions. The first section of the article distinguishes conflict transformation theory from theories of conflict management and conflict resolution. It explores some of the principal conflict transformation approaches in more detail, and then asks whether they add up to a coherent body of theory. Following this, it suggests a shift from theories of conflict to theories of conflict-in-context, arguing that in the context of globalisation our analyses of conflict must give proper consideration to the social, regional and international context. We need to consider both the factors that promote peacebuilding and those that exacerbate conflict at these different levels over an extended time period from before the outbreak of violent conflict to well after its resolution. Within this broader setting, this section thus attempts to extend Galtung‘s and Azar‘s theories of conflict formation to theories of conflict transformation. It also proposes a framework of five types of conflict transformation, which should be useful as a basis for planning and assessing interventions in conflicts. The second section of the article discusses current developments in conflict transformation practice as they have occurred in the four principal kinds of practice – that of governmental and intergovernmental representatives, of development agencies, of non-governmental organisations (NGOs), and of local parties and groups within the conflict setting. The issues involved in coordinating initiatives between these different groups are also discussed. The final section of the paper discusses conflict transformation as a potential seed for change, requiring change both in the peacebuilder as well as in the society in conflict.

Governance Without Government in Somalia: Spoilers, State Building, and the Politics of Coping

This article assesses the challenges of state revival in Somalia. It reviews the roots of state collapse in the country, attempts to explain the repeated failure of state-building projects, tracks trends in contemporary governance in Somalia and Somaliland, and considers prospects for integrating local, “organic” sources of governance with top-down, “inorganic” state-building processes. The Somalia case can be used both to document the rise of governance without government in a zone of state collapse and to assess the changing interests of local actors seeking to survive and prosper in a context of state failure. The interests of key actors can and do shift over time as they accrue resources and investments; the shift “from warlord to landlord” gives some actors greater interests in governance and security, but not necessarily in state revival; risk aversion infuses decision making in areas of state failure; and state-building initiatives generally fail to account for the existence of local governance arrangements. The possibilities and problems of the “mediated state model,” in which weak states negotiate political access through existing local authorities, are considerable.

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.

Hybrid Peace: The Interaction Between Top-Down and Bottom-Up Peace

This article is interested in the interface between internationally supported peace operations and local approaches to peace that may draw on traditional, indigenous and customary practice. It argues that peace (and security, development and reconstruction) in societies emerging from violent conflict tends to be a hybrid between the external and the local. The article conceptualizes how this hybrid or composite peace is constructed and maintained. It proposes a four-part conceptual model to help visualize the interplay that leads to hybridized forms of peace. Hybrid peace is the result of the interplay of the following: the compliance powers of liberal peace agents, networks and structures; the incentivizing powers of liberal peace agents, networks and structures; the ability of local actors to resist, ignore or adapt liberal peace interventions; and the ability of local actors, networks and structures to present and maintain alternative forms of peacemaking.

The Liberal Peace and Post-War Reconstruction: Myth or Reality?

The post-Cold War has witnessed enormous levels of western peacekeeping, peacemaking and reconstruction intervention in societies emerging from war. These western-led interventions are often called ‘liberal peacebuilding’ or ‘liberal interventionism’, or statebuilding, and have attracted considerable controversy. In this study, leading proponents and critics of the liberal peace and contemporary post-war reconstruction assess the role of the United States, European Union and other actors in the promotion of the liberal peace, and of peace more generally. Key issues, including transitional justice and the acceptance/rejection of the liberal peace in African states are also considered. The failings of the liberal peace (most notably in Iraq and Afghanistan, but also in other locations) have prompted a growing body of critical literature on the motivations, mechanics and consequences of the liberal peace. This volume brings together key protagonists from both sides of the debate to produce a cutting edge, state of the art discussion of one the main trends in contemporary international relations.

Statebuilding without Nation-building? Legitimacy, State Failure and the Limits of the Institutionalist Approach

The paradox of attempting to (re)construct state institutions without considering the socio-political cohesion of societies recurs throughout the world, most notably today in the Middle East, Africa and the Balkans. This essay tries to shed some light on the debate around the concepts of state and nation-building. Drawing on a sociological understanding of the modern nation-state, it contends that it is impossible to conceive of statebuilding as a process separate from nation-building. This essay identifies two different schools of thought in the discussion concerning the statebuilding process, each of which reflects different sociological understandings of the state. The first one, an ‘institutional approach’ closely related to the Weberian conception of the state, focuses on the importance of institutional reconstruction and postulates that statebuilding activities do not necessarily require a concomitant nation-building effort. The second, a ‘legitimacy approach’ influenced by Durkheimian sociology, recognizes the need to consolidate central state institutions, but puts more emphasis on the importance of socio-political cohesion in the process. Building on this second approach and demonstrating its relevance in contemporary statebuilding, this article concludes with a discussion of recent statebuilding attempts and the ways external actors can effectively contribute to statebuilding processes.

Transforming Cultural Conflict in an Age of Complexity

Recent years have seen an explosion of interest in the cultural dimensions of conflict. Books, studies, and courses have offered perspectives on the nature of culture and its complex relationship to the transformation of conflict. Yet, ethnic and cultural fault-lines in multiple destructive conflicts continue to bring high-profile reminders of the frailty of our approaches when faced with generational hatred and enemy identities. What has brought culture onto centre stage as a feature of conflict? Among other factors, the role of world militaries continues to shift from cold war strategies of deterrence to hot peace missions of peace keeping and peace building. These deployments typically involve multinational forces in countries divided by intense ethnic conflicts, necessitate extended interaction with local cultures, and frequently include efforts to strengthen civil societies that are deeply rooted in diverse cultural and historical traditions. Thus, these teams themselves experience cultural miscommunications and conflicts as they are dealing with the same in the populations they have come to serve. In this article, I will focus on ways culture operates both as a resource and a barrier. The next section will present three metaphorical perspectives: first, culture as a lens, secondly, culture as a medium for sustaining life, and, lastly, culture as a symbolic, interactive system, both shaping and reflecting identity and meaning. Each of these perspectives informs the contextual approach to transforming intercultural conflict that I will present in the final section.

Transitional Justice and Peacebuilding after Mass Violence

Since the end of the Cold War, the international community has become increasingly involved in peacebuilding and transitional justice after mass violence. This article uses lessons from practical experience and theories of peacebuilding and transitional justice to develop a model of transformative justice that supports sustainable peacebuilding. This model is holistic and transdisciplinary and proposes a focus on civil society participation in the design and implementation of transitional justice mechanisms. It requires us to rethink our focus on ‘transition’ as an interim process that links the past and the future, and to shift it to ‘transformation,’ which implies long-term, sustainable processes embedded in society and adoption of psychosocial, political and economic, as well as legal, perspectives on justice. It also involves identifying, understanding and including, where appropriate, the various cultural approaches to justice that coexist with the dominant western worldview and practice. Asyncretic approach to reconciling restorative and retributive justice is proposed as a contribution to developing transformative justice and sustainable peacebuilding. The development of this transformative justicemodel is informed by field research conducted in Cambodia, Rwanda, East Timor and Sierra Leone on the views and experiences of conflict participants in relation to transitional justice and peacebuilding.

Sharing Sovereignty: New Institutions for Collapsed and Failing States

Nationbuilding or state-building efforts are almost always described in terms of empowering local authorities to assume the responsibilities of conventional sovereignty. The role of external actors is understood to be limited with regard to time, if not scope, in the case of transitional administration exercising full executive authority. Even as the rules of conventional sovereignty are de facto violated if not de jure challenged, and it is evident that in many cases effective autonomous national government is far in the future, the language of diplomacy, the media, and the street portrays nothing other than a world of fully sovereign states. The next section of this article describes the basic elements that constitute the conventional understanding of sovereignty and provides a taxonomy of alternative institutional forms. It is followed by a discussion of the ways in which conventional sovereignty has failed in some states, threatening the well-being of their own citizens and others. The inadequacy of the current repertoire of policy options for dealing with collapsed, occupied, and badly governed states-governance assistance and transitional administration-is then assessed. The possibilities for new institutional forms-notably shared sovereignty and some de facto form of trusteeship-are examined. Included is a discussion of why such arrangements might be accepted by political leaders in target as well as intervening states.

Contract or War? An Essay on Institutional Logic in Violent Conflict

This paper reviews several theoretical debates and discourses that shall help to analyse the phenomenon of violent conflict and civil wars. Each line of thinking is utilised in an eclectic manner to distill how and what it can contribute to observe, interpret and explain the emergence of institutional arrangements that govern property rights in zones of violent conflict. Starting with a critical discussion of the dominating greed versus grievances debate, I will review the current debate on state failure and complex political emergencies which seek to explain the current breakdown of state institutions into a kind of anarchic condition. The new institutionalism in the social sciences theorises the evolution of institutions as rules of the game and interprets violent conflict as contractual failure. My interest will be on how this theoretical perspective can explain the evolution of institutions on the local level.

Guns, Camps and Cash: Disarmament, Demobilization and Reinsertion of Former Combatants in Transitions from War to Peace

The process of disarmament, demobilization, reinsertion and reintegration (DDRR) of former combatants plays a critical role in transitions from war to peace. The success or failure of this endeavour directly affects the long-term peacebuilding prospects for any post-conflict society. The exploration of the closely interwoven relationship between peacebuilding and the DDRR process also provides a theoretical framework for this article, which aims to present an assessment of various disarmament, demobilization and reinsertion (DDR) programmes planned or implemented in a number of countries over the last two decades. The assessment is conducted by focusing on three specific DDR issues: disarmament as a social contract; demobilization without cantonment; and the relevance of financial reinsertion assistance. The majority of these initiatives adopted a guns-camps-cash’ approach that seems to provide only a limited perspective for dealing with a wide range of complex issues related to the DDR process. Therefore, the article questions whether there is a need for a more comprehensive consideration of disarmament by acknowledging and responding to its social, economic and political implications. In conjunction with the above-mentioned consideration, disarmament in terms of a social contract is proposed as an alternative to the current military-centred approach. Experience also indicates a tendency towards the inclusion of cantonment in the demobilization phase, regardless of whether it actually can have some negative impacts on the DDRR process in general. Subsequently, the article questions such implications and possible approaches to demobilization without cantonment. Finally, the article focuses on the effectiveness of cash payments during reinsertion as an easier alternative to the provision of other material assistance, since this tends to be the most controversial aspect of the reinsertion phase.

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.

Advanced Networking: A Conceptual Approach to NGO-based Early Response Strategies in Conflict Prevention

Networking reflects the perception of interdependence of different actors within such communities. It is a means and carrier of mobilization as well as a flexibility-oriented organizational strategy. In this setting, networking may be broadly defined as a structured communication for the achievement of similar goals in the conditions of interdependence. It is especially applicable to the peacemaking NGO’s which, being deliberately designed by their founders to deal with problems requiring collaborative action, may not seriously hope to be successful in their activities without co-operation and ›management of interdependence‹ with other NGO’s and social agents. The biggest flaw of the most unsuccessful NGO networkers is a sterile globalistic cosmopolitanism, which leaves no room for multifaceted vision of the community of discourse, making it utterly biased in relation to the resolution of practical problems. This is one of the key background ideas to be kept in mind when taking a closer look upon the organizational peculiarities of the NGO’s networking.

Civil War and the Rule of Law: Security, Development, Human Rights

How do rule of law programs contribute to conflict management? What strategies best address the challenges to securing the rule of law in fragile countries? What place do rule of law policies have in efforts to achieve stable and equitable development? This book addresses these fundamental questions, analyzing rule of law programs in the context of conflict prevention, peacekeeping, and peacebuilding activities.

Beyond the absence of war: the diversity of peace in post-settlement societies

This article introduces a novel way of conceptualising variations of peace in post-war societies. The most common way of defining peace in the academic literature on war termination is to differentiate between those cases where there is a continuation or resumption of large-scale violence and those cases where violence has been terminated and peace, defined by the absence of war, has been established. Yet, a closer look at a number of countries where a peace agreement has been signed and peace is considered to prevail reveals a much more diverse picture. Beyond the absence of war, there are striking differences in terms of the character of peace that has followed. This article revisits the classical debates on peace and the notion of the Conflict Triangle as a useful theoretical construction for the study of armed conflicts. We develop a classification captured in a Peace Triangle, where post-settlement societies are categorised on the basis of three key dimensions: issues, behaviour, and attitudes. On the basis of such a differentiation, we illustrate the great diversity of peace beyond the absence of war in a number of post-settlement societies. Finally, we discuss the relationship between the different elements of the Peace Triangle, and the challenges they pose for establishing a sustainable peace, as well as the implications of this study for policy makers concerned with peacebuilding efforts.

Gender and Nation-Building: Family Law as Legal Architecture

Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family and the legal framework that defines it embody power relations that, in turn, help to shape the larger polity. Hence, laws governing marriage, divorce, marital property, maintenance, child custody, child support, cohabitation, inheritance, and illegitimacy define not only power and status within families, but also within civil society, the market, and the political sphere. Third, the symbolic family, and sometimes the law defining it, may figure in important ways in the struggle for national identity that often takes place contemporaneously with nation-building. In Part II of this Essay, we explore the first claim, that national boundaries are gendered through the use of family relationships to control access to citizenship and thus to the resources and the protection of the state. We suggest that the use of kinship ties in an explicitly gendered way in the United States reinforces a concept of ethnic nationalism, casting women, and especially mothers, as the symbolic protectors of national identity. In Part III, we analyze ways in which family structure is defined by and reinforces hierarchy within the larger society. Following an exploration of theoretical arguments concerning the interplay of family and social hierarchy, we offer as an example of this dynamic the historical manipulation of African customary law by colonial powers. Finally, in Part IV, we argue that the ideology of the family often figures in important ways in the development of national identity in post-colonial or post-crisis states. We then discuss the example of South Africa and show how family law can serve as a site for the intersection of nationalist politics and the legal architecture of the nation-building process, here again in ways that are highly gendered.

Ethics, Rhetoric and Politics of Post-Conflict Reconstruction: How Can the Concept of Social Contract Help Us in Understanding How to Make Peace Work?

Since existing injustices and the quest for justice are seen to be the main causes for violent clashes, it is often claimed that the restoration of justice must be the most important goal of post-conflict reconstruction. However, the current policy approaches, social movements and theoretical models for conflict resolution tend to look at justice from merely technical point of view, as a rapid fix to overcome war and violence. This relates the notion of ‘peace’ to ‘security’ and replaces the concept of ‘justice’ with the concepts of ‘law and order’. Restoration of justice, however, does not merely mean requirement of impartiality. This paper presents an ethical analysis on the relationship between the rule of law, social justice, the principle of impartiality and social cohesion in a post-conflict society by examining the problems of the social contract approach through communitarian and feminist critiques. The aim of the paper is to map out the ethical dilemmas involved in peace negations based on ‘constructing’ or ‘restoring’ justice in a society, and to guide a way towards more a comprehensive framework of ethics of justice for post-conflict reconstruction.

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.

Hawks and Doves: Peacekeeping and Conflict Resolution

Peacekeeping has long been treated as an instrument of conflict management, which is unfortunately flawed in that it usually fails to address the underlying causes of the conflict. However, we will focus on its capacity as a tool for conflict resolution, paying particular attention to the dual goal of containing violence on the one hand and furthering peacebuilding efforts on the other. While we recognise, of course, that peacekeeping has over the years been performed by various organisations, this chapter will centre on United Nations peacekeeping, reasoning that many of the aspects explored here are obviously relevant to the peacekeeping efforts of other organisations as well. The first section outlines the parameters of contemporary peacekeeping. The second section elaborates on the significance of conflict research and theory building for peacekeeping practice. This will be further explored in three contexts: conflict analysis and its relevance for the establishment of intervention frameworks; differing time frames and the importance of distinguishing between these in managing violent conflict, especially in relation to the latest discussions on robust peacekeeping; specific skills and the training necessary for contemporary peacekeeping missions, focusing especially on the contribution of conflict resolution. This section concludes with a discussion of perspectives on, and examples of, the application of conflict resolution theory in peacekeeping. The final section discusses future priorities and needs and concludes by commenting on the future of peacekeeping in the light of latest efforts to strengthen the UN‘s peacekeeping capacity.

Architects of the State: International Organizations and the Reconstruction of States in the Global South

Since the G-7 called for a new international financial architecture, international financial institutions have been designing templates for markets and the laws that govern them. Corporate bankruptcy regimes have been among the bundle of reform packages urged upon developing and transitional countries. While widely enacted and formally instituted, however, many bankruptcy reforms have failed to meet expectations. Among the reasons for failure is a fundamental threat with which international organizations confront states, namely, the restructuring of the state itself. Corporate reorganization regimes reformed in compliance with global norms conventionally demand state reorganization. This paper demonstrates how global designs of bankruptcy regimes fared in three Asian countries variously affected by the Asian Financial Crisis: China, Indonesia and Korea. It examines four aspects of state restructuring: shifting the boundary between the market and state; shifting power among government agencies; vesting powers in the state; and adapting state structure to political society. The paper argues that the efficacy of transnational pressures for state restructuring turns on the recursive interplay of (a) the situation in which global designs come to be placed on national policy agendas, (b) the clarity of the global norms, (c) the power of the international organizations, (d) the weakness of nation-states, (e) the magnitude of the shift in power required by a state to conform to global designs, (f) the continuity of exogenously encouraged reforms with domestic trajectories for change, and (g) the extent of local demand and mobilization.

Making it up as We Go Along: State-building, Critical Theory and Military Adaptation in Afghanistan

This article examines the military aspects of international state-building efforts in Afghanistan through the lens of critical theory. It outlines the conventional approach to state-building, as it has evolved in recent decades, and briefly describes the emerging reflexive critique of that approach developed by state-building scholars grounded in critical theory. It then applies the reflexive critique to the Afghan state-building project, an exercise that substantiates key aspects of the critique but also reveals a divergence between the broadly conventional approach taken in Kabul and the more adaptive approaches of many practitioners at the province and district levels. It concludes with a discussion of the potential implications of this convergence for theory and practice of state-building in Afghanistan and beyond.

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.

Aiding Peace? The Role of NGOs in Armed Conflict

As non-governmental organizations play a growing role in the international response to armed conflict – tasked with mitigating the effects of war and helping to end the violence – there is an acute need for information on the impact they are actually having. Addressing this need, Aiding Peace? explores just how NGOs interact with conflict and peace dynamics, and with what results.

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.

Religion, Pragmatic Fundamentalism and the Transformation of the Northern Ireland Conflict

Since 11 September 2001, the religious dimension of conflict has been the focus of increasing attention. In The Clash of Civilizations, Huntington has identified the West in religious–cultural terms, as Christian with a dominant democratic culture emphasizing tolerance, moderation and consensus. The persistence of conflict in Northern Ireland among `White’ Protestant and Catholic Christians undermines this simplistic argument and demands a more subtle understanding of the role of religion and fundamentalism in contemporary conflict. Modernization theory — which is echoed among some theorists of globalization — had predicted the declining importance of religion as the world became industrialized and increasingly interconnected. This is echoed by those who argue that the Northern Ireland conflict is `ethno-national’ and dismiss the role of religion. On the other hand, others have claimed that the conflict is religious and stress the role of Protestant fundamentalism. This article draws on new evidence from Northern Ireland of the complex and subtle ways in which religion impacts on the conflict there, incorporating insights about the pragmatism of fundamentalist Protestants and how religious actors are contributing to conflict transformation. This analysis leads to three broader conclusions about understanding conflicts with religious dimensions. First, the complexity of religion must be understood, and this includes a willingness to recognize the adaptability of fundamentalisms to particular contexts. Second, engaging with fundamentalists and taking their grievances seriously opens up possibilities for conflict transformation. Third, governments and religious actors within civil society can play complementary roles in constructing alternative (religious) ideologies and structures as part of a process of transformation. In a world in which the impact of religion is persistent, engaging with the religious dimension is a vital part of a broader-based strategy for dealing with conflict.

Demands for UN and Non-UN Peacekeeping

This article presents alternative estimates for the demand for UN and non-UN peacekeeping. Generally, three-way fixed-effects models, which account for the country, year, and conflict region, provide the best estimates. The demand for UN peacekeeping is primarily influenced by the contributions of other nations (i.e., spillins), with spillin elasticity not significantly different from 1. For non-UN peacekeeping, both spillins and country-specific interests in the conflict region influence contributions. These peacekeepers’ interests include trade and FDI concerns, along with proximity to the conflict. Peacekeeping missions appear partitioned: UN missions for global public benefits and non-UN missions for peacekeeper-specific benefits.

State Building: Governance and World Order in the 21st Century

Fukuyama begins State-Building with an account of the broad importance of “stateness.” He rejects the notion that there can be a science of public administration, and discusses the causes of contemporary state weakness. He ends the book with a discussion of the consequences of weak states for international order, and the grounds on which the international community may legitimately intervene to prop them up.

Peace Work by Civil Actors in Post Communist Societies

The following paper addresses the whole gamut of peace tasks and roles confronting civil actors in the post-communist societies of Central and Eastern Europe and the former Soviet Union. We work on the assumption that the current ethnopolitical movements and conflicts are an expression of a massive change in the pace of development and of a drastic redistribution of opportunities and chances to participate. For this process of ‘civilization’ to take place, many different actors and forces-political and social, party and non-party, domestic and external – must be involved. Given the meagre resources usually available, ‘the more the better’ is not good counsel here. A preferable course is to identify strategic priorities and alliances for peace work in societies undergoing transformation.

Democracy Under the Gun: Understanding Postconflict Economic Recovery

Increasingly, scholars studying civil conflicts believe that the pace of postconflict economic recovery is crucial to a return to peaceful politics. But why do some countries’ economies recover more quickly than others’? The authors argue that the inability of politicians to commit credibly to postconflict peace inhibits investment and, hence, slows recovery. In turn, the ability of political actors to eschew further violence credibly depends on postconflict political institutions. The authors test this framework with duration analysis of an original data set of economic recovery, with two key results. First, they find that postconflict democratization retards recovery. Second, outright military victory sets the stage for a longer peace than negotiated settlements do. This research deepens the understanding of the bases of economic recovery and conflict recidivism in postconflict countries and points to future research that can augment this knowledge further still.

Context, Timing and the Dynamics of Transitional Justice: A Historical Perspective

Legal process is invoked by supporters of transitional justice as necessary if not a precondition for societies affected by mass violence to transition into a new period of peace and stability. In this paper, we question the presumption that trials and/or truth commissions should be an early response to initiating a transitional justice process. We conducted a multi-factorial, qualitative analysis of seven case studies in countries impacted by mass violence and repression—Argentina, Cambodia, Guatemala, Timor-Leste, Northern Ireland, Sierra Leone, and South Africa. What emerges is a fuller appreciation of the dynamic system in which transitional justice interventions occur. Each system component may influence the outcome of these interventions. We offer principles that can guide institutional development, scholarship, and policy prescriptions in the area of transitional justice.

US Doctrine for Peace Operations

The United States has been conducting peace operations under various names throughout its history, while never defining these tasks as a core mission. However, the combined effects of the end of the cold war, involvement in the Balkans and the post-conflict reconstruction of Iraq are leading the United States to embrace the full spectrum of operations. Since 2004, new doctrine has been published and new concepts introduced, reflecting a more holistic approach to peace and stability operations. The majority of US military personnel now have experience in these missions. Both services have been re-examining their own history, dusting off and republishing the counter-insurgency and small war writings of the past 100 years. It remains to be seen whether the doctrinal shift away from large conventional wars is permanent or a temporary response to recent events.

Civil Society in Conflict Transformation: Ambivalence, Potentials and Challenges

In particular, this article focuses on the potential contributions of civil society actors for peacebuilding and conflict transformation.1 Some of the central questions addressed in this text are: What types of activities do international and transnational NGOs undertake in order to influence international politics in a way that contributes to stable peace and coping with global challenges? What potential do actors from civil society offer for war-to-peace transitions? What problems and dilemmas are faced in the development of civil society in war-torn societies? What are the limitations of civil society’s contributions and how does it relate to state-building? Finally, how does any of this impact on theoretical conceptualisations of the term “civil society”? By way of elaborating these questions, the second section of this article discusses various terms and definitions linked to debates about civil society. The third section gives a general overview of NGO activities at the international and regional level. The fourth section presents a critical assessment of their roles and the fifth section deals with their impact and legitimacy. The sixth section addresses the potential contributions of civil society in war-torn societies and post-conflict peacebuilding, with specific reference to the last 10 years of experience in the Balkans. The seventh section contextualises the development of civil society in relation to the challenges of state-building and investigates the theoretical implications of this relationship for conceptualising the term “civil society”. The eighth section draws some central conclusions, makes policy recommendations and identifies the needs for further research.

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.

Identity and Victimhood. Questions for Conflict Management Practice

Can we regard all victims, including victims who become perpetrators, in the same light ethically, politically or legally? This is a theoretical discussion drawing from a diverse body of literature from political theory, philosophy, and the social sciences, to the work of peace and conflict studies and practitioners of reconciliation and conflict management. It begins with a general discussion of identity as it relates to politics, looking briefly at North American discussions of the social construction of identity and relating this discourse to conflict management in the twenty-first century. Secondly, it demonstrates what Mamdani means by the “worldview of the rat” in the context of the Rwandan genocide and outline the dangers of the binary logic such a worldview imprisons us within. This third section will discusses in more detail the condition and status of the victim today, keeping in mind the question: “who is a victim?” particularly as it pertains to the ongoing conflict in Israel and Palestine. Fourth, it explores current discussions of the efficacy of dialogue groups, again mostly in Israel and Palestine, and attempt to draw out the implications for conflict management practice. Finally, it draws some conclusions regarding the remaking of political community that does not have the production of binary identities at its origin.

Postconflict Reconstruction in Africa: Flawed Ideas about Failed States

Postconflict state reconstruction has become a priority of donors in Africa. Yet, externally sponsored reconstruction efforts have met with limited achievements in the region. This is partly due to three flawed assumptions on which reconstruction efforts are predicated. The first is that Western state institutions can be transferred to Africa. The poor record of past external efforts to construct and reshape African political and economic institutions casts doubts on the overly ambitious objectives of failed state reconstruction. The second flawed assumption is the mistaken belief in a shared understanding by donors and African leaders of failure and reconstruction. Donors typically misread the nature of African politics. For local elites, reconstruction is the continuation of war and competition for resources by new means. Thus their strategies are often inimical to the building of strong public institutions. The third flawed assumption is that donors are capable of rebuilding African states. Their ambitious goals are inconsistent with their financial, military, and symbolic means. Yet, African societies are capable of recovery, as Somaliland and Uganda illustrate. Encouraging indigenous state formation efforts and constructive bargaining between social forces and governments might prove a more fruitful approach for donors to the problem of Africa’s failed states.

Laudable, Ahistorical and Overambitious: Security Sector Reform Meets State Formation Theory

Security sector reform (SSR) is a concept that is highly visible within policy and practice circles and that increasingly shapes international programmes for development assistance, security co-operation and democracy promotion. This paper examines the concept and practice of SSR using theories of the state and state formation within a historical-philosophical perspective. The paper recognises that the processes of SSR are highly laudable and present great steps forward towards more holistic conceptions of security and international development. However, the main argument of the paper is that we should be careful of having too high expectations of the possibility of SSR fulfilling its ambitious goals of creating states that are both stable and democratic and accountable. Instead, we should carefully determine what level of ambition is realistic for each specific project depending on local circumstances. A further argument of this paper is that legitimate order and functioning state structures are prerequisites and preconditions for successful democratisation and accountability reforms within the security sector.

Theories of Social Change and their Contribution to the Practice of Conflict Transformation: Developing the State of the Art in Conflict Transformation Theory and Practice

This report reflects on this productive tension between the analysis and practice strands of conflict transformation, first concentrating on themes around the theories of conflict formation and the values that guide the field (Section 2), then exploring the dilemmas of intervention faced by conflict resolution practitioners (Section 3). Section 4 summarises the discussion that followed the presentation by Berghof of the systemic approach to conflict transformation – a potential tool for linking the stages of analysis and intervention in a more dynamic way and for devising strategic priorities for both research and practice. Finally, Section 5 outlines the vision for future research at Berghof, as inspired, endorsed, and enhanced by the Seminar.

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.

Transitions from Violence to Peace: Revisiting Analysis and Intervention in Conflict Transformation.

This paper examines the driving factors and transitional stages of conflict transformation in protracted social conflicts, from social dynamics that address difference through violence to a system for the peaceful management of diversity, in order to generate more accurately focused criteria for the design, timing and nature of peacemaking and peacebuilding interventions. The methodology used for this study arises both from a cross-disciplinary analysis of the academic literature on socio-political conflicts and theories of change, and some empirical data provided by the author’s previous research in Israel- Palestine, as well as Berghof studies or practice in Bosnia, Sri Lanka, Georgia- Abkhazia, Aceh, Nepal and Sudan. The following three sections will successively present the stages of transition from violence to peace (section 1), a systemic model of analysis of the drivers of escalatory and resolutionary change which govern the transition between stages (section 2), and the possible entry-points for peacemaking/peacebuilding intervention during each stage (section 3).

State Building and Post-Conflict Reconstruction: Lessons From Bosnia

This paper examines the record of the international community in constructing a State of Bosnia and Herzegovina. It finds that, among the many goals of the peace mission, creating a self-sustaining constitutional order has not always been the highest priority. Only recently has the international community begun to focus explicitly on creating the domestic institutions necessary for Bosnia to become a sustainable entity. The paper identifies three principal obstacles to the state-building mission. First, the Dayton Agreement created a highly dispersed constitutional structure, with weak central authority. Second, wartime conditions in Bosnia gave rise to local power structures with a vested interest in preserving the weak state. Third, weak governance capacity in the Bosnian state is itself a threat to the peace process, fostering conditions of economic and social insecurity. Examining the record of the mission to date, the paper finds that here have been three phases to the international mission in Bosnia. The first focused on military stabilisation and reconstruction, and was characterised by the willingness of the international community to work directly with local power structures, often at the expense of the constitutional order. The second phase saw a dramatic evolution in the powers of the High Representative, allowing some important breakthroughs. However, the quasi-protectorate has tended to inhibit the development of domestic political processes, particularly where the international community has tried to influence electoral outcomes. The third phase, which is just getting underway, consists of a more systematic approach to state building.

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.

Towards Conflict Transformation and a Just Peace

This chapter is an attempt to do two things: first, to make sense of some of the economic, political and social origins and dynamics of organised violence; second, determine how conflict analysis and conflict resolution processes might enable diverse actors concerned with violent conflict at the official and unofficial levels to change the attitudes, behaviours and institutions which generate structural (indirect) and direct violence. It will begin with an acknowledgement of the centrality of structural transformation for stable peace and an analysis of some of the underlying political and economic dynamics that form the backdrop to modern conflict. It will then examine how and why conflict resolution practitioners should focus more attention on the political economy of conflict in the analysis, design and implementation of conflict intervention processes.

Conflict Persistence and the Role of Third-Party Interventions

This article discusses the contributions and limitations of the contest approach to theoretical conflict research. Specific topics of discussion include the persistence of war and the motivation and effect of third-party intervention in altering the outcome and persistence of conflict. The persistence of intrastate conflict and the political economy of third-party interventions are central issues in international politics. Conflict persists when neither party to the fighting is sufficiently differentiated to “borrow upon” future ruling rents and optimally deter its opponent. Third-party intervention aimed at breaking a persistent conflict should focus upon creating cross-party differences in factors such as the value of political dominance, effectiveness of military arms, and cost of military arming. The article also discusses the effect of outside intervention upon conflict persistence and outcome. Of particular interest is work that not only identifies a peaceful equilibrium but discusses the degree to which a particular peaceful equilibrium is valued. Considering the value of a peaceful equilibrium may be a first step toward understanding the stability of peace.

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.

On Hybrid Political Orders and Emerging States: State Formation in the Context of Fragility

This article examines the rationale and underlying assumptions of this mainstream discourse on fragile states. We argue that the conventional perception of so-called fragile states as an obstacle to the maintenance of peace and development can be far too short-sighted, as is its corollary, the promotion of conventional state-building along the lines of the western OECD state model as the best means of sustainable development and peace within all societies. State fragility discourse and state-building policies are oriented towards the western-style Weberian/Westphalian state. Yet this form of statehood hardly exists in reality beyond the OECD world. Many of the countries in the ‘rest’ of the world are political entities that do not resemble the model western state. In this article it is proposed that these states should not be considered from the perspective of being ‘not yet properly built’ or having ‘already failed again’. Rather than thinking in terms of fragile or failed states, it might be theoretically and practically more fruitful to think in terms of hybrid political orders. This re-conceptualisation opens new options for conflict prevention and development, as well as for a new type of state-building.

On Good Terms: Clarifying Reconciliation

This report addresses some of the deep confusion that still surrounds the term reconciliation, and its practice in post-violence peacebuilding. Despite its generally acknowledged importance, there remains great disagreement over what reconciliation actually means and, in particular, how it relates to other concepts and processes, such as justice, peacebuilding, democratisation and political development. It reviews some of the ongoing debates, from scholarship as well as policy and practice, which highlight the disputed nature of the term, and offer a modest framework for reducing the confusion to more manageable levels. The report also examines its complex relationship to two key concepts: justice, and forgiveness. The paper builds on, and pushes further, some of the thoughts first presented in an earlier work, Reconciliation After Violent Conflict: A Handbook, produced for the International Institute for Democracy and Electoral Assistance (IDEA), (Bloomfield et al. 2003).

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.

Building a Republican Peace: Stabilizing States after War

Although peacebuilders do not operate from a common template, liberal values so define their activities that their efforts can be called “liberal peacebuilding.” Many postconflict operations aspire to create a state that contains the rule of law, markets, and democracy. Growing evidence suggests, however, that liberal peacebuilding is re-creating the conditions of conflict; states emerging from war do not have the necessary institutions or civic culture to absorb the pressures associated with political and market competition. In recognition of these problems and dangers, there is an emerging call for greater attention to the state and institutionalization before liberalization. These critiques, and lessons learned from recent operations, point to an alternative-republican peacebuilding. Drawing from republican political theory, this article argues that the republican principles of deliberation, constitutionalism, and representation can help states after war address the threats to stability that derive from arbitrary power and factional conflict and, in the process, develop some legitimacy. Republican peacebuilding is not only good for postconflict states; it also is appropriate for international peacebuilders, who also can exercise arbitrary power.

The Evolution of Post-conflict Recovery

Recent history has been marked by the rise of post-conflict intervention as a component of military and foreign policy, as a form of humanitarianism and as a challenge to Westphalian notions of state sovereignty. The terms of debate, the history of the discipline and the evolution of scholarship and practice remain relatively under-examined, particularly in the post-9/11 period in which post-conflict recovery came to be construed as an extension of conflict and as a domain concerned principally with the national security of predominantly Western countries. The subsequent politicisation of post-conflict recovery and entry of post-conflict assistance into the political economy of conflict have fundamentally changed policy making and practice. The authors argue that research into post-conflict recovery, which must become increasingly rigorous and theoretically grounded, should detach itself from the myriad political agendas which have sought to impose themselves upon war-torn countries. The de-politicisation of post-conflict recovery, the authors conclude, may benefit from an increasingly structured “architecture of integrated, directed recovery.”

Rivalry and Revenge: Violence against Civilians in Conventional Civil Wars

Recent research on violence against civilians during wars has emphasized war-related factors (such as territorial control or the characteristics of armed groups) over political ones (such as ideological polarization or prewar political competition). Having distinguished between irregular and conventional civil wars and between direct and indirect violence, I theorize on the determinants of direct violence in conventional civil wars. I introduce a new data set of all 1,062 municipalities of Catalonia during the Spanish Civil War (1936–1939) and I show that the degree of direct violence against civilians at the municipal level goes up where prewar electoral competition between rival political factions approaches parity. I also show that, following the first round of violence, war-related factors gain explanatory relevance. In particular, there is a clear endogenous trend whereby subsequent levels of violence are highly correlated with initial levels of violence. In short, the paper demonstrates that an understanding of the determinants of violence requires a theory combining the effect of political cleavages and wartime dynamics.

Multi-layered Justice and Security Delivery in Post-conflict and Fragile States

This paper examines the value of an alternative approach to SSR policy, namely a multi-layered one in post-conflict and fragile state environments. It begins by arguing that there is a state-centric bias in current SSR policy and practice. This contradicts development principles of a ‘people-centred, locally owned’ approach in post-conflict and fragile state contexts. The SSR’s state-centric approach rests upon two fallacies: that the post-conflict and fragile state is capable of delivering justice and security; and that it is the main actor in security and justice. The paper goes on to present the outline of a multi-layered strategy. This addresses the issue of who is actually providing justice and security in post-conflict and fragile states. The paper continues by describing the accountability mechanisms that could be pursued by SSR programmes in support of this approach. The conclusion is that the advantage of the multi-layered approach is that it is based not on the state’s capacity, but on the quality and efficacy of the services received by the end user, regardless of who delivers that service.

When Good Fences Make Bad Neighbors: Fixed Borders, State Weakness, and International Conflict

Since the end of World War II, the norm of fixed borders-the proscription against foreign conquest and annexation of homeland territory-has gained prevalence in world politics. Although the norm seeks to make the world a more peaceful place, it may instead cause it to become more conflict prone. Among sociopolitically weak states-states that lack legitimate and effective governmental institutions-fixed borders can actually increase instability and conflict. Adherence to the norm of fixed borders can lead to the perpetuation and exacerbation of weakness in states that are already weak or that have just gained independence. It does so by depriving states of what was traditionally the most potent incentive to increase efforts of state building: territorial pressures. By creating conditions that are rife for the spillover of civil wars and by supplying opportunities for foreign predation, sociopolitically weak states in a world of fixed borders have become a major source of interstate conflict in much of the developing world. Investigation into one case, the war in Congo, reveals the plausibility and the potential force of this argument. Good fences indeed can make bad neighbors.

Amnesty, Peace and Reconciliation in Algeria

Amnesties constitute the most contentious issue in transitional justice processes. While largely rejected for contravening international law and being morally objectionable, political realities may sometimes force us to accept them in the interest of peace and stability. Determinations about the desirability and effectiveness of amnesties to promote peace thus need to look beyond legalistic claims, and take into account the specific political context within a country, as well as the nature of the amnesty itself. Taking the case of Algeria, where an amnesty was adopted in 2005 with the Charter for Peace and National Reconciliation, this article argues that although the amnesty can be justified partially by the fragile political context in Algeria and may contribute to reducing levels of violence in the country, its effective contribution to peace and reconciliation will be limited because it has, so far, not been accompanied by other political and economic measures necessary to bring peace and stability to the country, and because it promotes amnesia and largely ignores the plight of the victims of the war.

Natural Law, Agents and Patients and Minority Rights

This is a theoretical paper on the individual and group rights in the context of conflict transformation. Excerpt from conclusion: The discourse on group rights is committed to explore, protect and strengthen individual and collective identities. One must see group rights as a component of the larger system of rights. The central issue is to make individuals and groups compatible and thereby avoid contradiction.

Converting Capacities for War into Capacities for Peace Training the Military in Conflict Transformation

In the practice of conflict transformation, the military, as the perceived perpetrator in most armed conflicts, is almost always excluded. This paper attempts to explore the advantages of integrating armed forces in the process of conflict transformation through the description of the different approaches in engaging the military in peacebuilding, including the use of various instruments that are appropriate and effective with this particular target group. An experiment of this kind conducted in southern Philippines has shown the positive results of this approach in the cessation of hostilities in its 40-year civil strife between the Muslim insurgents and the Christian government, with a direct impact on the behavior and attitudes of the conflict actors both on intrapersonal and interpersonal levels. Finally, this paper analyzes the future challenges of converting capacities of war, such as the military, into capacities for peace within the context of the peace process.

Civil-Military Cooperation in Post-Conflict Operations

Civil-Military Cooperation (CIMIC) is the relationship between militaries and humanitarians. Largely conducted in post-conflict environments, CIMIC has become a key characteristic of military operations in the twenty-first century. However, the field is mostly understood through stereotype rather than clear, comprehensive analysis. The range and scope of activities which fall under the wider rubric of CIMIC is huge, as are the number of differing approaches, across situations and national armed forces. This book demonstrates the wide variety of national approaches to CIMIC activities, introducing some theoretical and ethical considerations into a field that has largely been bereft of this type of debate. Containing several case studies of recent CIMIC (in the Balkans, Afghanistan, and Iraq) along with theoretical analyses, it will assist scholars, practitioners, and decision-makers become more aware of the ‘state of the art’ in this field.