The North Atlantic Treaty Organization (NATO) has since the turn of the new century experienced a double transformation gap: between global and regionally oriented allies and between allies emulating new military practices defined by the United States and allies resisting radical change. This article takes stock of these gaps in light of a decade’s worth of collective and national adjustments and in light of counter-insurgency lessons provided by Afghanistan. It argues first of all that the latter transatlantic gap is receding in importance because the United States has adjusted its transformation approach and because some European allies have significantly invested in technological, doctrinal, and organizational reform. The other transformation gap is deepening, however, pitching battle-hardened and expeditionary allies against allies focused on regional tasks of stabilization and deterrence. There is a definite potential for broad transformation, our survey of officers’ opinion shows, but NATO’s official approach to transformation, being broad and vague, provides neither political nor military guidance. If NATO is to move forward and bridge the gap, it must clarify the lessons of Afghanistan and embed them in its new Strategic Concept.
On November 28, 2011, Egyptians went to the polls to begin electing a new parliament in three stages. It was in many respects the first genuine democratic election ever to be held in the country. Yet a number of momentous institutional decisions remain to be made that may affect the direction of Egyptian politics and society for years to come. Many of these will be foundational constitutional questions about the relationship between religion and state, particularly the degree to which Islamic law will be the source of legislation. But Egypt must also settle on a method for electing its representatives, and the universe of electoral laws is quite large.
Events in the Arab world have inspired hope around the world, but much could still go wrong. Elites, even where weakened, may be able to reinvent themselves.
The article identifies how the nexus between democracy, security, humanitarianism and development was built up from the 1990s. It analyses how the discourse of post-conflict peacebuilding has emerged as a notable component of a liberal democratic international order. The article argues that the transformations in peacekeeping operations depend upon a specific spatiotemporal combination ? a cleavage between a global and a humanitarian space and the temporality of development. For South American countries, participation in peacekeeping operations became a way to assert themselves as participants of a liberal democratic international order and a reflexive mode to strengthen the process of transformation of their own societies in order to be integrated into a new global cartography.
Why is it that the World Bank has failed to effectively incorporate the impact of regionalisation within its economic development strategies and policy advice for borrowing countries? This is an interesting puzzle given the increasing importance that scholarly observers, policy practitioners and development agencies have attached to regionalism and regionalisation in recent years. In the fiscal years 1995?2005, the World Bank provided only US$1.7 billion in support for regional (or multi-country) operations across the globe?this is less than 1 percent of its project and other funding overall. In South-East Asia, while the Asian Development Bank has had a particularly strong engagement with regionalism, the World Bank has only recently started to come on board with regional analysis and programs. The article proposes that the gap is due to a combination of institutional and ideological factors, and explores this proposition through a study of the World Bank in Vietnam.
A key contention of the transitional justice movement is that the more comprehensive and vigorous the effort to bring justice to a departed authoritarian regime the better the democratizing outcome will be. This essay challenges this view with empirical evidence from the Iberian Peninsula. In Portugal, a sweeping policy of purges intended to cleanse the state and society of the authoritarian past nearly derailed the transition to democracy by descending into a veritable witch-hunt. In Spain, by contrast, letting bygones be bygones, became a foundation for democratic consolidation. These counter-intuitive examples suggest that there is no pre-ordained outcome to transitional justice, and that confronting an evil past is neither a requirement nor a pre-condition for democratization. This is primarily because the principal factors driving the impulse toward justice against the old regime are political rather than ethical or moral. In Portugal, the rise of transitional justice mirrored the anarchic politics of the revolution that lunched the transition to democracy. In Spain, the absence of transitional justice reflected the pragmatism of a democratic transition anchored on compromise and consensus.
The recent opinion by the International Court of Justice on the legality of Kosovo’s declaration of independence has not provided a definitive answer to Kosovo’s status. The International community remains divided. For this reason, a political solution will need to be found. Possible scenarios for the future of Kosovo include continuation of the status quo; enforcing Pristina’s full authority across all of Kosovo; partition or partial territorial readjustment between Kosovo and Serbia; or some form of extended autonomy for northern Kosovo. While each of the models has its advantages and drawbacks, on balance the case for some form of extensive autonomy or a territorial readjustment remain the most compelling options for resolving the conflict in a manner most acceptable to Belgrade and Pristina, and which would open the way for Kosovo to gain wider, if not full, international acceptance.
Why do allies not adapt evenly even in time of war? This article maps and explains differentiation in the development of the stabilization and counter-insurgency doctrines of the British and Germanmilitaries during deployment in Afghanistan. In doing so the study analyses the neglected issue of the organizational capabilities of the British and German militaries to develop and apply military doctrine that is appropriate to the exigencies of the contemporary operational environment. Drawing upon documentary analysis and semi-structured interviews, this article uncovers new empirical material on the institutional reforms which have been undertaken to strengthen the adaptability of doctrine and its application in operations. It finds that while the British military’s organizational capabilities were characterized by deficits at the tactical level between 2006 and 2009, recent years have seen significant improvement. In contrast, the organizational capabilities of the Germanmilitary remain stunted. While international structure is the main independent variable driving doctrinal adaptability, domestic variables exogenous to the military are the dominant intervening factor determining the development of effective organizational capabilities. Neoclassical realism provides the strongest analytical leverage in understanding the factors determining the capacity of militaries to adapt doctrine to the operational environment.
While the study of the causes of civil war is a well-established subdiscipline in international relations, the effects of civil war on society remain less understood. Yet, such effects could have crucial implications for long-term stability and democracy in a country after the reaching of a peace agreement. This article contributes to the understanding of the effects of warfare on interethnic relations, notably attitudes of ethno-nationalism. Two hypotheses are tested: first, that the prevalence of ethno-nationalism is higher after than before the war, and second, that individuals who have been directly affected by the war are more nationalist than others. The variation in ethno-nationalism is examined over time, between countries, and between ethnic groups. Three countries that did not experience conflict on their own territory serve as a control group. The effect of individual war exposure is also tested in the analysis. Sources include survey data from the former Yugoslavia in 1989, shortly before the outbreak of war in Croatia and Bosnia and Herzegovina, and in 2003, some years after the violence in the region ended. Contrary to common beliefs, the study shows that ethno-nationalism does not necessarily increase with ethnic civil war. The individual war experiences are less important than expected.
After highly fragmented civil wars, order is often secured through the selective co-optation of rebel field commanders and atomized insurgents. This paper presents a formal model of civil war settlement as a coalition formation game between various regime and rebel factions. This approach emphasizes the ability of installed civilian rulers to lure warlords into the state based on promises of future wealth, then use divide-and-rule tactics to pit different warlord factions against one another. Quantitative and qualitative data from Tajikistan, including an original data set of warlord incorporation and regime purges during wartime reconstruction, are used to evaluate the model.
In the increasing amount of published research and critical commentary on sport for development and Peace (sdp) two related trends are apparent. The first is a clear belief that, under certain circumstances, sport may make a useful contribution to work in international development and peace building; the second is that criticisms of it are frequently constructive, intended to support the work of practitioners in the field by outlining the limitations of what may be achieved through sport, and under what circumstances. Given these trends, public sociology provides a useful framing device for research and commentary and academics should now engage more directly with practitioners and provide more accessible summaries of their research to those engaged in sdp. We provide a brief introduction to public sociology, and outline its relevance in the sociology of sport, before making suggestions about the incorporation of public sociology into sdp research. Three main overlapping areas of research emerge from a public sociology perspective, and are needed in order to engage in a constructively critical analysis of sdp: descriptive research and evaluation; analyses of claims making; and critical analyses of social reproduction. The paper concludes with a brief examination of the dilemmas that may be encountered by those engaging in public sociology research, in both the academy and the field.
Given the record of the US occupation and the profound limitations of America’s present stature, the Barack Obama administration is right to continue to draw down the American presence in Iraq. But in remembering the egregious mistakes of its predecessor the administration should not claim victory as it exits. It should not, as Vice President Joe Biden did in the midst of the de-Ba’athification crisis, claim all is well in Baghdad. A more honest and realistic approach would recognise the impossible legacy left by the Bush administration. The damage the previous administration did so much to encourage would then be minimised with the help of US allies and multilateral organisations. In short, after seven years of American occupation, it is time to go home.
This article examines the development of cooperative relationships in back-channel communication and their impact on intraparty negotiation. It draws on extensive newly available evidence on back-channel communication in the Irish peace process to expand the range of detailed case studies on a topic which is shrouded in secrecy and resistant to academic inquiry. The article analyses the operation of a secret back channel that linked the Irish Republican Army to the British government over a period of 20 years, drawing on unique material from the private papers of the intermediary, Brendan Duddy, and a range of other primary sources. The article finds that interaction through this back channel increased predictability and laid a foundation of extremely limited trust by providing information and increasing mutual understanding. Strong cooperative relationships developed at the intersection between the two sides, based to a great extent on strong interpersonal relationships and continuity in personnel. This in turn produced direct pressure for changes in the position of parties as negotiators acted as advocates of movement in intraparty negotiations. The article finds that this back channel was characterized by a short chain, the direct involvement of principals and the establishment of a single primary channel of communication and that these features combined with secrecy to generate the distinctive cooperative dynamics identified in this article. It concludes that the potential for the development of cooperative relationships is particularly strong in back-channel negotiation for two reasons; first, the joint project of secrecy creates an ongoing shared task that builds trust and mutual understanding regardless of progress in the negotiations. Secondly, as a shared project based on the explicit aim of bypassing spoilers, the process creates structural pressures for cooperation to manage internal opponents on both sides, pressures intensified by the secrecy of the process.
The overarching Western objective in Afghanistan should be to prevent that country from becoming not just a haven for transnational terrorists, but a terrorist ally as well. That was the situation prior to 9/11 and it would be so again if the Taliban returned to power with al-Qaeda backing. NATO can prevent this indefinitely as long as it is willing to commit significant military and economic resources to a counter-insurgency effort. It cannot eliminate the threat, however, as long as the Afghan insurgents enjoy sanctuary in and support from Pakistan. Alternatively, this objective could be achieved if the Taliban could be persuaded to cut its ties to al-Qaeda and end its insurgency in exchange for some role in Afghan governance short of total control.
This article analyses why the UN’s members delegate resources to the UN Secretariat in the sensitive field of peacekeeping. It argues that the Secretariat can carry out planning and implementation functions more efficiently, but that the states remain wary of potential sovereignty loss. Through a mixed methods approach, this article provides evidence for such a functional logic of delegation, but shows that it only applies from the late-1990s on. The change in approach of states towards delegation can be explained by feedback from the dramatic failures of peacekeeping in Bosnia and Herzegovina, Rwanda and Somalia.
This article contends that the combined efforts of the ministries of foreign affairs and defence in nine countries of South and Central America, the G9, can be considered a nascent but not yet developed security community. Due to a growing capacity for crisis management which includes the search for political solutions to structural conflict and to political, economic and social deficits in Haiti, the article demonstrates that South American countries are developing a novel concept for post-conflict response. Finally, in the context of democratization, Argentina’s participation in peace missions generates domestic elements strongly committed to peace operations.
The concept of peacebuilding is a buzzword ofthe development policy and practice mainstream. The recent introduction of managerial tools and the focus on measuring the ‘effectiveness’ of peacebuilding have marginalised and depoliticised critical questions about the causes of violent conflict, and have replaced them with comforting notions for donors that peace can
be built and measured without challenging Western understanding of economy, governance, and social aspirations of people
Internal displacement, which in many cases leads to ref uge across international borders, has emerged as one of the major crises confronting the world today. The assumption, clearly erroneous, is that unlike refugees, who have lost the protection of their own governments by crossing international borders, the internally dis placed remain under the protection of their national governments. In most cases, these same governments are actually the cause of their displacement, and worse?they neglect and even persecute them. This arti cle aims to develop a new international response to the global crisis of internal displacement in acutely divided nations. It suggests the problem is more than a humani tarian and human rights issue; the underlying causes have much to do with gross inequities in the shaping and sharing of values and the gross discrimination and marginalization of certain groups. Citizenship becomes largely of paper value. Citizenship becomes largely of paper value. The crisis is ultimately a challenge of nation building.
The unresolved conflict over Nagorno-Karabakh continues to be the gravest long-term problem for the South Caucasus region and the whole area between the Black and Caspian Seas. Should the conflict re-ignite, it would spread catastrophe over a wide region, impacting not just Armenia and Azerbaijan, but Georgia, Russia, Turkey, Iran and energy routes across the Caspian Sea.
This article focuses on the role of the special representative of the Secretary-General (SRSG) in the context of UN integrated missions. The article argues that the primary leadership function of the SRSG is to facilitate a process that generates and maintains strategic direction and operational coherence across the political, governance, development, economic, and security dimensions of a peacebuilding process. The power and influence of the SRSG does not reside in the resources that he or she can directly bring to bear on a specific situation, but in the ability to muster and align the resources of a large number of agencies, donors, and countries to sup port the peacebuilding effort in a given context. This type of leadership role implies that persons with skills, experience, and a personality suited to multistakeholder mediation and negotiations are more likely to be success full SRSGs than someone who is used to top-down, autocratic, military, pri vate sector, or direct-control type leadership styles. This perspective on the role of the SRSG has important implications for the way in which people are chosen and prepared for these positions, as well as for the ways in which support can be provided for this role, both at the United Nations and in the field.
What explains the range of nonvictorious outcomes experienced by rebel groups in civil wars? Varying combinations of two structural factors produce different types of rebel groups, whose organizational configurations predict their outcomes. These factors are the external resources provided by cross-border support networks found within regional state systems, and the status reversal grievances produced by the politics of fragmented authority in weak states. Insurgent types are then associated with a given level politico-military effectiveness and a corresponding fate. Eight Ugandan insurgencies illustrate variation in outcomes across groups within a context of contentious domestic and regional politics that controls for the state, regime, and time period.
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.
Transitional justice and security sector reform are critical in post-conflict settings, particularly regarding the reform of judicial systems, intelligence services, police, correctional systems, the military, and addressing systemic massive human rights abuses committed by individuals representing these institutions. Accordingly, the relationship between security sector reform and transitional justice mechanisms, such as vetting, the representation of ethnic minorities in key institutions, the resettlement and reintegration of the former combatants deserve special attention from scholars. This article presents a comparative analysis of the reform of police and security forces in Kosovo, and explores the causes of different outcomes of these two processes.
To establish even a marginally functioning economy out of the wreckage of Iraq would have been a daunting task. Despite decades of a heavily controlled, state-run economy; the deterioration caused by a succession of wars; a decade of international sanctions; and the looting and sabotage that followed the 2003 war, the U.S. government set its sights high after toppling Saddam Hussein: to create a liberal, market-based Iraqi economy, a key piece of its broader goal to bring democracy to Iraq.
Within the broader debate over the political economy of statebuilding, the role of foreign direct investment (FDI) in fragile and post-conflict settings is increasingly controversial but still understudied. This paper examines the tensions between the good governance agenda currently being implemented in Iraq and the investment dynamics occurring at the country’s national and provincial levels. Drawing on disaggregated data, the paper argues that the flow of FDI is reinforcing destabilizing dynamics in Iraq by increasing levels of inequality, deepening the decentralization process, and undermining internal and external balances of power.
The Multi-Country Demobilization and Reintegration Program (MDRP) was created in Africa in the late 1990s. It closed down after 7 years leaving behind an unquestionable legacy of success.
Focusing on British involvement in the 1960s Yemen Civil War, this article examines the centralised mechanisms developed in Whitehall to coordinate covert action interdepartmentally. It therefore sheds new light on London’s security and intelligence machine and its input into clandestine operations. Drawing on recently declassified documents and interviews, it uncovers various important but secretive actors, which have been overlooked or misunderstood in the existing literature, and outlines their functions in the most detail yet available. In doing so, it considers how these bodies evolved in relation to competing threat assessments of the local situation and the impact they had on Britain’s covert intervention in the theatre. This article assesses the utility of the system and argues that it provided an effective means to ensure that any covert action sanctioned was properly scrutinised so as to reduce risks and best meet national interests.
Elections are now common in low-income societies. However, they are frequently flawed. We investigate a Nigerian election marred by violence. We designed and conducted a nationwide field experiment based on anti-violence campaigning. The campaign appealed to collective action through electoral participation, and worked through town meetings, popular theatres and door-to-door distribution of materials. We find that the campaign decreased violence perceptions and increased empowerment to counteract violence. We observe a rise in voter turnout and infer that the intimidation was dissociated from incumbents. These effects are accompanied by a reduction in the intensity of actual violence, as measured by journalists.
This article is a study of the introduction of local financial management (LFM) to South African policing. Four forms of institutional theory are used to interpret and understand this comparative study. The conclusion of this article is that the deliberate attempt to replicate the English experience in South Africa failed because of the different ideologies and value-laden beliefs that underlay the need for change and the different dynamics of power of the interest groups that were represented in the organizational structure. The taken-for-granted organizational processes that supported the implementation of LFM in English police forces impeded implementation in South Africa.
A pluralistic model rather than a single institutional perspective is shown to be beneficial in understanding institutional impacts on organizations. In particular, different perspectives help in an understanding of how culturally derived norms of behaviour can be in tension with formal rules and how the formal structure must be adaptive to the environment and culture within which people cope with uncertainty by relying on established routines.
Situated in the far northeastern corner of Bosnia and Herzegovina, Brcko District is widely heralded as a successful multi-ethnic society. Such portrayals are typically “top down” and centred on institutions, yet it cannot be assumed that multi-ethnicity at the institutional level necessarily translates into everyday relations between Brcko’s ethnic groups. Based on qualitative interview data, this article explores Brcko from the “bottom up”, through a focus on inter-ethnic relations in everyday life. Its central argument is that viewing Brcko through this additional lens not only raises important questions about the District’s image as a success story but also, and more broadly, has significant implications in highlighting the limitations of liberal peacebuilding and the importance of “peacebuilding from below”.
Throughout the Middle East, Islamists, leftists, and other ideological streams are forming coalitions in opposition to their authoritarian regimes. Yet little research has been conducted on the conditions under which these cross-ideological coalitions fail or succeed. Three cases of successful coalition building and one case of failed coalition building in Jordan indicate that cross-ideological coalitions are initiated in the context of external threat and facilitated by organizational forms that ensure the members gain or maintain their ability to pursue their independent goals. Most important, in contrast to other studies, these cases show that the plentifulness of recruits impedes cooperation. Rather than alleviating competition, an abundance of potential recruits increases competition and hinders cross-ideological cooperation.
Most conflicts today arise from intra-state rather than interstate tensions. Many developing countries are unable to manage intra-state conflicts effectively, mainly because of capacity constraints in their governance and oversight institutions, political manipulation and executive interference. The result is that public confidence in the institutions remains weak and there is greater resort to private and group justice. National development is thus deeply affected. In restoring public confidence in the state’s ability to manage inter-group and inter-community conflicts, many governments are establishing and institutionalising standing national capacities for conflict prevention and resolution as extensions of their national governance framework. This article is a critical review of the efforts to establish such capacities in Kenya.
Local peace initiatives have been introduced in post-conflict settings in aid of statebuilding processes. However, contradictions in such efforts that undermine the state become apparent in a development context when government institutions are, generally, functioning. Peacebuilding initiatives in the arid lands of Kenya are a good example of this. While they have proved successful in resolving conflicts at the local level, they challenge the state structure in three ways. First, some of their features run counter to the official laws of Kenya and jeopardize the separation of powers. Second, they pose a dilemma, since their success and legitimacy are based on grassroots leadership and local concepts of justice. Both can be at odds with democratic decision-making, inclusiveness and gender equity. Third, they provide yet another tool for abuse by politicians and other local leaders. This reveals a dilemma: aspects of peacebuilding can actually undermine a statebuilding endeavour.
In the literature on civil conflicts, federalism is often touted as a useful institution to address regional demands. However, diversity in the groups present in a country is also associated with a higher tendency for conflicts. In this article we examine how the geographic distribution of groups across a country affects the ways in which federalism contributes to conflict resolution. Of tantamount importance in assessing these effects of federalism is whether particular types of distributions of groups across a territory make the adoption of federal institutions more likely. We find federal countries with strong ethno-federal arrangements to be particularly conflict-prone.
Since the end of the cold war, interventions to stabilize post-conflict societies have grown in number, length and scope, no longer just interposing troops between combatants and negotiating a peace agreement, but engaging in far-reaching efforts of institutional and societal transformation to prevent a relapse into war and to encourage a sustainable peace. On the one hand, this expansion of peacebuilding reflects the recognition that functioning institutions are central to post-conflict stability, as they can help to manage conflicts over power, resources and identity in divided societies. For most of the international organizations and donors involved in post-conflict peacebuilding, these institutions are liberal-democratic ones by necessity because they are considered to give all conflict parties a stake in the new, post-war order, they are concomitant with the protection of human rights and the rule of law, and they encourage economic growth. On the other hand, the expansion of peacebuilding activities reflects a growing understanding of how war economies have perpetuated conflict and how economic power structures and dynamics can persist well into peacetime. As well as causing war and sustaining it, the political economy of conflict also shapes the possibilities and the nature of the peace that follows. This emphasis on the role of political institutions and political economy in post-conflict peacebuilding has increasingly shifted the attention of peacebuilders towards the issue of corruption. Closely associated with the distortion of the market and the malfunction of political institutions, corruption is considered a key challenge to consolidating peace because it hinders economic development, perpetuates the unjust distribution of public resources, and undermines the legitimacy and effectiveness of government. In recent years, there has been a growing literature on the impact of corruption after conflict. This collection of papers aims to contribute to this debate by examining the specific conceptual and political challenges that corruption poses to post-conflict peacebuilding. Across the different papers in this special issue, a complex set of issues emerges to shape our understanding of postconflict corruption, its impact on stability and development, and the consequences of anti-corruption measures in the context of peacebuilding efforts. In this introduction, the implications for peacebuilding will be discussed in greater detail.
When discussing the end of British colonial rule in Africa, many historians have highlighted the role of postwar international relations and the impact of domestic imperial politics on decolonization and have failed to recognize the role of African nationalists. This article argues that such a viewpoint is flawed because it conceives of colonial policy makers as isolated and autonomous entities impervious to changes taking place in the colonies. The national liberation movements in Ghana, Central Africa, Kenya, and other regions of East Africa are explored in this article to illustrate the central role that colonial subjects played in the British decolonization of Africa. While dominant scholarship on the failures of the post-colonial state has made studies of decolonization and African nationalism less fashionable, it is becoming increasingly clear that our understanding of the nature and mechanics of the crises that beset the continent requires taking fresh stock of the record of European colonial rule in Africa. In this regard, the study of colonialism and decolonization in continues to be of critical relevance.
This article reassesses the extent to which the British Army has been able to adapt to the counter-insurgency campaign in Helmand Province, Afghanistan. While adopting Farrell’s definition of bottom-up military adaptation, this article contends that the task force/brigade level of analysis adopted by Farrell and Farrell and Gordon has led them to overstate the degree to which innovation arising from processes of bottom-up adaptation has actually ensued. Drawing on lower level tactical unit interviews and other data, this article demonstrates how units have been unable or unwilling to execute non-kinetic population-centric operations due to their lack of understanding of the principles of counter-insurgency warfare.
The article sketches the tension between power-sharing as a form of conflict resolution and the implementation of WPS norms in peace processes. It begins with an exploration of each process, before considering how the cases have broached the relationship between power-sharing and women’s representation.
The dominant approach to counter-piracy strategy off Somalia is astonishingly narrow-minded. Deterrence, surveillance and military operations do not provide sustainable or efficient solutions; better strategic alternatives must draw on the lessons of 21st-century peace operations. This perspective leads to an understanding of counterpiracy as a problem of peacebuilding. This allows restructuring and reframing of the problem to permit a much wider repertoire of policy solutions than is currently conceived. This repertoire may include development and security assistance programmes as well as state-building programmes. The approach also permits integration of lessons learned in the frame of international peacebuilding operations, including avoiding technocratic solutions, focusing on power constellations, integrating local knowledge and incrementalism. If the international community wishes to take piracy seriously and respond to its complexities, it would be well advised to adopt a policy in which such alternatives are considered.
Truth telling has come to play a pivotal role in postconflict reconciliation processes around the world. A common claim is that truth telling is healing and will lead to reconciliation. The present study applies recent psychological research to this issue by examining whether witnessing in the gacaca, the Rwandan village tribunals for truth and reconciliation after the 1994 genocide, was beneficial for psychological health. The results from the multistage, stratified cluster random survey of 1,200 Rwandans demonstrate that gacaca witnesses suffer from higher levels of depression and PTSD than do nonwitnesses, also when controlling for important predictors of psychological ill health. Furthermore, longer exposure to truth telling has not lowered the levels of psychological ill health, nor has the prevalence of depression and PTSD decreased over time. This study strongly challenges the claim that truth telling is healing and presents a novel understanding of the complexity of truth-telling processes in postconflict peace building.
This essay presents a theory of small arms demand and provides initial evidence from ongoing case studies in the Solomon Islands, Papua New Guinea, South Africa and Brazil. The theory revolves around the motivations and means to acquire arms, addressing issues such as contrasting acquirers and possessors and differentiating between acquirers and non-acquirers, consumers and producers, and final and intermediate demand. The essay also studies characteristics of small arms that make them so desirable as compared to other means of conducting violent conflict. The overall goal is to provide a theoretical framework and language that is common to a variety of social science approaches to the study of small arms use, misuse and abuse.
The social reintegration of ex-combatants is one of the most critical aspects of peacebuilding processes. However, contrary to economic reintegration in which it would be possible to set up some quantitative indicators in terms of accessing vocational training opportunities, employment and livelihoods income for the assessment of success, social reintegration is an intangible outcome. Therefore, what constitutes a successful social reintegration and how it could be assessed continues to be the challenge for both academics and practitioners. This article will undertake an investigation of the preliminary parameters of social reintegration at the macro, meso and micro levels in order to identify a set of indicators for programme assessment. A nuanced understanding of ex-combatant reintegration is expected to allow the development of context-based indicators according to the specific characteristics of that particular environment. The article also recommends the use of participatory research methods as they would be more appropriate for the measurement of social reintegration impact.
This article traces the institutional evolution of the Council Secretariat that plans and supports EU civilian peace operations. During the early days of the European Security and Defence Policy in the late 1990s competing political priorities of big EU member states and a dominance of military structures put civilian administrators at a significant disadvantage. Between 2003 and 2007, however, the rising number and complexity of civilian missions generated pressure for reform, which eventually led to the creation of a civilian headquarters. The historical analysis provides the basis for assessing the EU’s current institutional capacities for civilian crisis management. While some administrative capacity deficits have been addressed, increased institutional formalization and further politically motivated reforms may increase tensions and hamper the accumulation of expertise.
Mandates for UN peacekeeping operations in Africa have become more robust since the delivery of the Brahimi Report in 2000. Contrary to before, soldiers are now unmistakably expected to use force to protect local civilians in a number of UN peacekeeping missions in Africa. While this expectation of force may be celebrated, the question rises whether peacekeeping soldiers can meet the expectation. Are they ready to kill and risk their lives to protect local civilians? This question is especially pertinent to Western armed forces, which have contributed little to post-millennium UN peace operations in Africa but are explicitly called upon by the UN administration to contribute to the robust peacekeeping missions. This article discusses the question of moral and psychological preparedness in light of the possible tension between the nationalist orientation in Western armed forces and the cosmopolitan demands of UN peacekeeping operations in Africa.
This article critically examines the notion that wealth sharing in the aftermath of internal armed conflicts can bring about long-lasting peace. While wealth sharing is increasingly considered a crucial element of peacebuilding, the evidence concerning its success is inconclusive. Previous studies unfortunately suffer from weak theoretical and empirical definitions of wealth sharing and from examining only a subset of postconflict societies. This article improves the research by disaggregating the concept of wealth sharing to concrete policy relevant natural resource management tools and by introducing new and better data on wealth sharing and including more postconflict peace periods than previous studies. This article examines the relationships between armed conflict, wealth sharing and peace by studying two independent but interlinked research questions: In which postconflict societies is wealth sharing most likely to be adopted? And can wealth sharing bring stable peace in postconflict societies? The analyses show that wealth sharing is more likely to be implemented after natural resource conflicts. Nonetheless, the article does not find that wealth sharing is successful in bringing postconflict peace after these conflicts. Reasons for this can be that (1) other factors than wealth sharing explain the outcome better, and (2) the wealth sharing policies are poorly designed and implemented. The article concludes that wealth sharing can only be a suitable path for societies recovering from armed conflict if such policies are carefully designed to fit the specific context and take into account the challenges that will arrive.
This article introduces a new dataset on post-conflict justice (PCJ) that provides an overview of if, where, and how post-conflict countries address the wrongdoings committed in association with previous armed conflict. Motivated by the literature on post-conflict peacebuilding, we study justice processes during post-conflict transitions. We examine: which countries choose to implement PCJ; where PCJ is implemented; and which measures are taken in post-conflict societies to address past abuse. Featuring justice and accountability processes, our dataset focuses solely on possible options to address wrongdoings that are implemented following and relating to a given armed conflict. These data allow scholars to address hypotheses regarding justice following war and the effect that these institutions have on transitions to peace. This new dataset includes all extrasystemic, internationalized internal, and internal armed conflicts from 1946 to 2006, with at least 25 annual battle-related deaths as coded by the UCDP/PRIO Armed Conflict Dataset. The post-conflict justice (PCJ) efforts included are: trials, truth commissions, reparations, amnesties, purges, and exiles. By building upon the UCDP/PRIO Armed Conflict Dataset, scholars interested in PCJ can include variables regarding the nature of the conflict itself to test how PCJ arrangements work in different environments in order to better address the relationships between justice, truth, and peace in the post-conflict period.
This article explores the relationship between the UK and Rwanda, using the lens of the UK Department for International Development’s integrated approach to state building and peace building in fragile and conflict-affected states. It identifies a number of priorities for UK aid under such a framework, but shows that in the case of Rwanda these have not been foregrounded in the bilateral aid relationship. The article suggests a number of reasons for this, arguing that, by refusing to acknowledge or address Rwanda’s deviations from what was considered a positive development trajectory, the UK is becoming internationally isolated in its support for the rpf regime. It concludes that, while this bilateral relationship may support achievement of stability and relative security in Rwanda, promoting such a narrow form of state building is detrimental to more holistic peace building, both nationally and regionally.
The concept of security sector reform (SSR) was first formulated by UK development actors. Since 2008, France has officially adopted an SSR strategy and promoted the concept at the European level during the country’s 2008 EU Presidency. However, what appears on paper to resemble full support from French institutions is in fact more complex. If the anglophone roots of the policy initiative do not seemingly explain its lack of institutionalization in the French context, it would appear that the difficulty faced by the French administration in finding a whole-of-government agreement on what the content of SSR should be, does.
From 2007 to 2008, Iraq’s tribal “Sahwa” (Arabic for “Awakening”) was a key component of the U.S. “surge” strategy and largely credited for its role in the dramatic reduction of violence across the country. In the last two years, though, members of the movement have increasingly become the target of a retaliation campaign led by al-Qaeda’s “Islamic State of Iraq” and other insurgent groups still active on the battlefield, with almost daily assassinations and attacks in which hundreds have died. In the present context of resurgent violence, persistent political tensions triggered by the 2010 stalemate and the U.S. military’s scheduled withdrawal of its remaining troops by the end of 2011, the Sahwa’s future looms as one of the most crucial tests of Iraq’s stabilization and successful “democratic” transition. Concerns over the fate of the movement also come amid the growing alienation of its members from a government that has overall failed to incorporate them into its new security apparatus. While U.S. officials might continue to downplay this scenario, reliable sources indicate that a number of Sahwa fighters have already flipped back into armed struggle, including within the ranks of their erstwhile nemesis, al-Qaeda.
Building on my own extensive research, this article seeks to analyze a worrying trend and shed new light on the complex nature of the Sahwa since its appearance on the Iraqi scene. It first attempts to highlight the multiple reasons for the movement’s gradual downfall, especially following the U.S. military drawdown in the summer of 2009, with specific focus on the motives likely to have incited some of its members to revert to al-Qaeda and other insurgent groups. The second part emphasizes aspects of continuity linking the Sahwa’s recent evolution to the more historical transformations of Iraqi tribalism. It attempts to show, more particularly, how Iraq’s tribal structures have undergone a continuing dynamic of “subversion” that actually preceded the establishment of Iraq’s modern state. The last part underlines why U.S. policy makers should draw serious lessons from the movement’s experiment, in particular why “tribal engagement” strategies in conflict configurations, even when bringing short-term security gains, should not be used at the expense of genuine state- and nation-building efforts.
In hybrid peace governance, liberal and illiberal norms, institutions, and actors exist alongside each other, interact, and even clash. Such a political, economic, and social order is a far cry from the liberal idea of peace based on legitimate and accountable democratic institutions, the rule of law, human rights, free media, market economy, and an open civil society. This article accounts for the emergence of hybrid peace governance and develops a typology based on the war/peace and liberal/illiberal spectra. Furthermore, it discusses the implications of hybridity and, in particular, whether it can avoid the pitfalls of top-down liberal peacebuilding and provide new opportunities for a more sustainable, locally engrained version of peace.
In countries affected by insurgencies, development programs may potentially reduce violence by improving economic outcomes and increasing popular support for the government. In this paper, we test the efficacy of this approach through a large-scale randomized controlled trial of the largest development program in Afghanistan at the height of the Taliban insurgency. We find that the program generally improved economic outcomes, increased support for the government, and reduced insurgent violence. However, in areas close to the Pakistani border, the program did not increase support for the government and actually increased insurgent violence. This heterogeneity in treatment effects appears to be due to differences between districts in the degree of infiltration by external insurgents, who are not reliant on the local population for support. The results suggest that while development programs can quell locally-based insurgencies, such programs may be counterproductive when implemented in areas where insurgents are not embedded in the local population.
International peace-building interventions in post-conflict countries are intended to transform the socio-political context that led to violence and thereby build a stable and lasting peace. Yet the UN’s transitional governance approach to peace-building is ill-suited to the challenge of dealing with the predatory political economy of insecurity that often emerges in post-conflict societies. Evidence from peace-building attempts in Cambodia, East Timor and Afghanistan illustrates that the political economy incentives facing domestic elites in an environment of low credibility and weak institutionalisation lead to a cycle of patronage generation and distribution that undermine legitimate and effective governance. As a result, post-conflict countries are left vulnerable to renewed conflict and persistent insecurity. International interventions can only craft lasting peace by understanding the political economy of conflict persistence and the potential policy levers for altering, rather than perpetuating, those dynamics.
The conflict that broke out in Sudan on the eve of its independence from Britain in 1956 has devastated the country, retarded developmental progress, drained human resources and damaged the social fabric of the entire nation. However, the Protocol of Machakos which was signed by the Government of the Republic of the Sudan and the Sudan People’s Liberation Movement/Sudan People’s Liberation Army on 20 July 2002, states the commitment of the parties to a negotiated, peaceful and comprehensive resolution to the conflict within the unity of the country. With peace now in sight, the disarmament, demobilisation and reintegration (DDR) of former combatants is essential to avoid the mistakes made in 1972. It is crucial to build a new future for the generations that have suffered so much in five decades of war. This paper examines the challenges that might confront DDR in post-conflict Sudan. It draws on past experience following the 1972 Addis Ababa Agreement between the regime of President Gaffar Mohammed Nimeiri and the Anya-nya rebels, and on the experiences of countries that have gone through similar situations, such as Ethiopia, Mozambique and Uganda.
The democratic uprisings and consequent turmoil in the Arab world during the last 18 months have had significant impact on the geostrategic situation in the Middle East as well as on the policies of major regional and global powers. As the upheavals continue to unfold, especially in strategically important countries such as Syria and Bahrain, they will continue to have a major impact on intraregional politics as well as great-power interests.
This article discusses an ideological framework, that is, a superstructure for continental civic commitment to African nationalism based on the perceived and practical relationships of Africans with each other. In an attempt to minimize the threats of regional, religious, or ethnic obstacles to continental integration and civic commit ment to the continent, the author proposes both intel lectual and pragmatic steps for continental integration. Using concrete examples, as well as generative source philosophies, myths, and traditional proverbs as funda mentals for the creation of a new ethic of politics, this article seeks to advance
Containment has been salient in intellectual and policy debates for 60 years. It informed US foreign policy towards the USSR and, later, the so-called rogue states. The endurance of containment beyond the Cold War suggests that it possesses the quality of transferability, the capacity of a grand strategy from the past to transcend the circumstances that gave rise to it, to suggest what should be emulated and what avoided in future policies. Drawing on the notion of transferability and on the method of structured, focused comparison, this article uses Israel’s foreign policy towards Hezbollah and Hamas to argue that containment is transferable from the state level to a state/territorial transnational actor (TNA) relationship, albeit with permutations. This argument is examined in relation to four issues: the circumstances under which containment arises; its applicability to territorial TNA; the objectives sought by implementing containment; and the role of legitimacy as a component of containment. In so doing the article seeks to make a contribution to the debate on containment. While there is a rich literature on state containment, research on containing territorial TNA has been extremely limited.
What are the impacts of war on the participants, and do they vary by gender? Are ex-combatants damaged pariahs who threaten social stability, as some fear? Existing theory and evidence are both inconclusive and focused on males. New data and a tragic natural quasi-experiment in Uganda allow us to estimate the impacts of war on both genders, and assess how war experiences affect reintegration success. As expected, violence drives social and psychological problems, especially among females. Unexpectedly, however, most women returning from armed groups reintegrate socially and are resilient. Partly for this reason, postconflict hostility is low. Theories that war conditions youth into violence find little support. Finally, the findings confirm a human capital view of recruitment: economic gaps are driven by time away from civilian education and labor markets. Unlike males, however, females have few civilian opportunities and so they see little adverse economic impact of recruitment.
Despite increased international attention to managing the potential impacts of peacekeeping on host countries, unintended consequences continue to emerge. This article focuses particularly on the alternative economies that peacekeeping operations generate and the differential economic impacts on individuals who come into contact with peacekeepers. Based on empirical evidence derived from fieldwork in Liberia, the article highlights the everyday lives of women whose livelihoods have been affected by the presence of peacekeeping missions. It also discusses how such economies adjust during the peacekeeping drawdown phase, and explores the dynamics that such economies have on specific segments of the Liberian population. The argument is that, while peacekeeping economies are critical in stimulating the local economy and providing livelihoods during and in the immediate aftermath of war, they have negative unintended impacts that need mitigation.
This article uses security sector reform as a prism for exploring the dilemmas that confront multidimensional United Nations peace operations as they seek to build peace by building states. It claims that the United Nations finds itself severely restricted when trying to translate ideas of human security into practice in the form of a people-centered approach to postconflict security assistance.
Judging by the popular press, in January 2011 Twitter and Facebook went from being simply engaging social diversions to become engines of political change that upended decades of Arab authoritarianism. It is tempting to be swept away by this narrative, which suggests that social media prompted hundreds of thousands, and then millions, of Tunisians and Egyptians to pour into the streets and peacefully demand change. Brittle authoritarian regimes had little choice but to comply, and in this way, social media irrevocably changed the future of the Middle East. Following the logic to its conclusion, it would suggest that the Middle East is on the brink of a period of democratic consolidation, as the ideals and tools of revolutionaries lead the region forward into a period of anti-sectarianism, liberalism, and hope.
While political accommodation and the passage of time may heal the wounds in Iraqi society, it is just as likely that the lack of real reconciliation will undermine the political process.
On numerous occasions in the past fifteen years, U.N. peacekeepers have been accused of sexually assaulting or abusing the populations they serve. A Comprehensive Review of peacekeeper misconduct completed in 2005 identified significant problems and recommended numerous changes to address them. The U.S. Army and NATO, in a response to the possibility that their deployed troops will be engaged in or facilitate human trafficking, have enacted new policies intended to remove their troops from the demand for women trafficked for sexual services. The Department of Defense and NATO initiatives are similar to those being considered by the United Nations for preventing sexual misconduct by its peacekeepers. Because the United States, NATO, and the United Nations are all addressing the problems of sexual misconduct by deployed troops, their efforts should be mutually reinforcing. The examples of American and NATO armed forces offer hope that the United Nations will also enact strong measures to prevent future misconduct by its peacekeepers.
The world breathed a sigh of relief at the announcement of a new Iraqi government on 21 December 2010. After nine months of wrangling following the 7 March elections, Prime Minister Nuri al-Maliki finally engineered a deal that kept him in place at the head of a 42-person cabinet. Maliki was unable to name a full coterie of ministers; ten of the portfolios, including the main security ministries, are being managed on a temporary basis by other ministers until permanent nominations are made. Nevertheless, approval of the cabinet brought to an end a crisis that left the political system in limbo and saw a deterioration of the security situation.
But now the deed is done, a much bigger question looms: will the government be able to manage Iraq, stabilise the country further and heal the internal divisions that threaten its long-term security?
This article uses a sequential mixed method approach to examine the origins and persistence of paramilitaries and state-sponsored militias in the developing world. Combining comparative case studies of Southeast Asia and the Middle East with statistical analysis, it shows that revolutionary decolonization produces more decentralized and localized force structures, while direct inheritance of colonial armies leads to more conventional force structures. Subsequently, the level of competition within the regional system influences whether a state can persist in the use of paramilitaries or must transition to a more centralized, conventional force.
The increased sophistication of peacekeeping missions has inevitably expanded the roles of all actors in the field particularly the military who have to play law enforcement functions, in addition to their traditional role, until civilian police are deployed. This essay discusses the consequences of the military role as law enforcers in conflict situations. The author proposes the concept of Formed Police Units (FPUs) to close the security gap that arises in these cases.
In analyzing peace processes in postconflict societies, scholars have primarily focused on the impact of prosecutions, truth-telling efforts, and reconciliation strategies, while overlooking the importance of individual demands for reparations. The authors argue that normative explanations of why reparations are granted in the aftermath of regime change are useful in understanding a need for reconciliation, but inadequate for explaining victim demands for compensation. The authors extend this research to study civil war settlement. In the aftermath of civil war, when some form of reparation is offered giving individuals the opportunity to seek redress of grievances, what types of loss and political and socioeconomic characteristics are likely to lead some individuals to apply for reparations but not others? Using primary data, collected through a public opinion survey in Nepal, the authors investigate individual-level demand for reparations. The findings suggest that understanding loss and risk factors may be important to civil war settlement and reconciliation.
Most quantitative assessments of civil conflict draw on annual country-level data to determine a baseline hazard of conflict onset. The first problem with such analyses is that they ignore factors associated with the precipitation of violence, such as elections and natural disasters and other trigger mechanisms. Given that baseline hazards are relatively static, most of the temporal variation in risk is associated with such precipitating factors. The second problem with most quantitative analyses of conflict is that they assume that civil conflicts are distributed uniformly throughout the country. This is rarely the case; most intrastate armed conflicts take place in the periphery of the country, well away from the capital and often along international borders. Analysts fail to disaggregate temporally as well as spatially. While other contributions to this issue focus on the temporal aspect of conflict, this article addresses the second issue: the spatial resolution of analysis. To adequately assess the baseline risk of armed conflict, this article develops a unified prediction model that combines a quantitative assessment of conflict risk at the country level with country-specific sub-national analyses at first-order administrative regions. Geo-referenced data on aspects of social, economic, and political exclusion, as well as endemic poverty and physical geography, are featured as the principal local indicators of latent conflict. Using Asia as a test case, this article demonstrates the unique contribution of applying a localized approach to conflict prediction that explicitly captures sub-national variation in civil conflict risk.
This article compares the debates and demonstrations about Darfur that have taken place in the Sudan, the United States, and Qatar and illuminates how political violence is apprehended and cultural identities are constructed. The rallies that occurred among Sudanese inside and outside the Sudan following the 2009 indictment of President Omar Hassan al-Bashir by the International Criminal Court (ICC) are particularly revealing. Examining what has been represented worldwide as the first genocide of the twenty-first century brings to light the ideologies that are expressed in impassioned political positions. Ideology, which implicitly undergirds the mixed emotions with which the ICC warrant was received, has been fundamental to the Darfur story from the start of the crisis in 2003. Describing Darfur in three distinct sociopolitical arenas, one sees various scenarios that are akin to a play with multiple actors and scenes, each of which is contextually mediated and expertly produced. The disconnections, ruptures, and shifts in the flow of this narration point to the disparities in the situational, local, regional, and transnational forces at work.
The scale and ferocity of post-war violence regularly confounds the expectations of security and development specialists. When left unchecked, mutating violence can tip ‘fragile’ societies back into all out warfare. In the context of formal peace support operations, conventional security promotion efforts are routinely advanced to prevent this from happening. These include disarmament, demobilisation and reintegration (DDR) and wider security system/sector reform (SSR). There are also lesser known but no less important interventions to promote security that deviate from-but also potentially reinforce and enhance-DDR and SSR. Faced with dynamic post-war contexts, erstwhile warring parties, peace mediators and practitioners have crafted a host of innovative and experimental security promotion initiatives designed to mitigate risks and symptoms of post-war violence including interim stabilisation measures and second generation DDR. Drawing on a growing evidence base, the article sets out a host of contextual determinants that shape the character and effectiveness of security promotion on the ground. It then issues a typology of emergent practices-some that occur before, during and after DDR and SSR interventions. Taken together, they offer a fascinating new research agenda for those preoccupied with post-war security promotion.
State-building has been seen as the path to both security and development in East Timor. State-building, however, has been approached as an exercise in the transfer of key liberal institutions, with relatively little attention paid by either relevant international agencies or the East Timorese government to situating these institutions within a social context. In particular, there has been little effort on the part of central institutions to engage with local, community and customary governance. Building a state in which people do not feel at home and where they do not speak the language of governance threatens to marginalise the majority of the population and is not a recipe for nationhood, democracy or security. Nation-building, by contrast, could suggest a renewed emphasis on the vital connection between central government and people, in which legitimacy is embedded and active citizenship is possible. Thus conceived, nation-building requires processes of communication and exchange that effectively include rural people, their values, practices and concerns, as a nation of citizens requires some shared language and institutions of political community.
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.
The period that stretches from the end of the Cold War until today has weathered the emergence of a large number of new states. With each addition, the international community has striven to regulate statehood and rein in its most erratic and unpredictable manifestations. In particular, the international community has tried to affect what kind of political regimes are set up in these new states. To reach that goal, multi-dimensional administrations have been set up by States or International Organizations to (re)build governmental institutions in territories where the governments have floundered completely. This strategy, while costly, has not been unsuccessful. Through international administrations of territories, several states have been rebuilt or restored, all of them endowed with democratic institutions. It is the aim of this Article to analyze the use of international administrations of territories to create or to reconstruct democratic states. After briefly recalling the status of democracy in international law (Section I), the Article explains how modern administrations of territories have proven to be democracy-building machines (Section II). Finally, it offers a critical appraisal of the contemporary resolve of the international community to create democratic states (Section III).
The disarmament, demobilisation and reintegration (DDR) process in Afghanistan, widely acknowledged as flawed, has contributed to fragmentation and insecurity within Afghanistan. Based upon discussions with more than 500 DDR programme beneficiaries, the article describes the manner in which the reintegration process increased former combatants’ and commanders’ vulnerability to remobilisation in support of or in opposition to the Taliban-led insurgency by weakening cohesion between combatants and their former commanders and by fostering ineffective and culturally inappropriate livelihoods. The author argues that the DDR process and other international and Afghan government interventions have, furthermore, contributed to the fragmentation of the country and the straining of internal, regional tensions. The Taliban, as well as those fighting under its banner, has been the primary beneficiary of this fragmentation and has consolidated a highly diverse coalition of fighters. The opposing trends of a fragmented social, economic and political context, in relation to both individual former combatants and the country as a whole, and an increasingly cohesive insurgency will continue to contribute to greater insecurity and the potential for intra-state conflict.
Fragile states are the toughest development challenge of our era. But we ignore them at our peril: about one billion people live in fragile states, including a disproportionate number of the world’s extreme poor, and they account for most of today’s wars. These situations require a different framework of building security, legitimacy, governance, and the economy. Only by securing development – bringing security and development together to smooth the transition from conflict to peace and then to embed stability so that development can take hold – can we put down roots deep enough to break the cycle of fragility and violence. Currently, we face critical gaps in our international capabilities to secure development. We need to better integrate military, political, legal, developmental, financial and technical tools with a variety of actors, from states to international organisations, civil society, and the private sector. Beyond assistance, we need new networked relationships between peacekeeping forces and development practitioners, and a new approach to security, to help the people in fragile states shift from being victims to principal agents of recovery.
While the impact of norms on post-conflict statebuilding operations has been well-explored in the literature, the ways in which the same normative frameworks affect the exit practices of such operations has so far remained unaddressed. To fill this gap, this paper examines the impact of the liberal-democratic norms governing statebuilding operations on the timing and process of exit of post-conflict international transitional administrations. To that end, it first examines the concept of exit, arguing that exit is best considered as a process rather than an event. The second section outlines the normative framework that has shaped postconflict statebuilding activities since the end of the cold war, and proposes three ways in which norms can affect exit: first, that norms act as blueprints for statebuilding and can thereby shape benchmarks for exit; second, that norms create “zones of permissibility” that explicitly commit statebuilders to a transitional presence and make exit central to the legitimacy of statebuilding operations; and third, that local actors strategically use norms, in particular those of self-determination and the taboo of permanent control of a territory, to push for an early exit of statebuilding operations. The third section explores both the scope and limitations of the three functions of norms with regard to exit in the context of a brief case study of UNMIK’s exit from Kosovo. The article concludes with some observations about the impact of the findings for exit strategies of international actors from statebuilding operations.
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.
This comment presents a three-part analysis that ultimately critiques and redefines occupation law to prevent a repetition of the failures that transpired in the wake of Operation Iraqi Freedom. Section One lays out the fundamental provisions of the conservative laws of occupation as embodied in the Hague Regulations and Geneva Conventions as well as the U.S. Army Field Manual. It also discusses the growing trend towards humanitarian intervention and the need for transformative occupation to ensure a successfully stable post- war state. Section Two uses the tenets of occupation law as outlined in Section One to describe the dire consequences of the Coalition’s breach of this body of law, through its actions that revamped the administrative, political, economic, and legal structures of the state. Section Three uses the analysis of Section Two to demonstrate that the conservative laws of occupation are inadequate and need to be redefined. This Section lays out the “exceptional” circumstances for a non-U.N. mandated intervention. It then proposes a revision to occupation law that seeks to incorporate human rights law, as well as additional considerations derived from post- war Iraq, to formulate a modified and modernized legal regime “under a new umbrella labeled jus post bellum.”
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.
Well-governed countries are more likely to make use of foreign aid for the purposes of economic development and poverty alleviation. Therefore, if aid agencies are providing funds for the sake of development, these countries should receive more aid and categorically different types of aid as compared with poorly governed countries. In poorly governed countries aid should be given in forms that allow for less discretion. Using an original data set of all World Bank projects from 1996 to 2002, the author distinguishes programmatic projects from investment projects and national from subnational investment projects. If the World Bank allows more discretion in well-governed countries, then it will choose to provide programmatic and national aid for these recipients. The author presents evidence that the World Bank provides a larger proportion of national investment lending in better-governed countries. With regard to programmatic lending, he finds mixed evidence. Among counties eligible for International Development Association (IDA) aid, good governance surprisingly is associated with a lower proportion of programmatic aid, whereas for International Bank for Reconstruction and Development (IBRD) borrowers, good governance is associated with a higher proportion. The author subjects these results to a number of robustness checks. Although he confirms the existing result in the literature that the World Bank provides larger overall amounts of aid to better-governed countries, his examination of the disaggregated data leads to questioning whether both lending wings of the World Bank are designing aid programs in the most prodevelopment way possible.
This article critically analyses capacity-building and local ownership in the context of UN peace operations through interviews with UN staff and NGO representatives in Liberia and Burundi. The argument is that these concepts are left ambiguous and undefined to avoid accountability for peace operations while still functioning as value-adding and legitimizing discursive instruments for the latter. This article proves that the many paradoxes and contradictions surrounding the concepts clearly deter their operation in practice, while their positive connotations remain important, discursively, as legitimizing tools.
Values are preferred events, “goods” we cherish; and the value of respect, “conceived as the reciprocal honoring of freedom of choice about participation in value processes,” is “the core value of human rights.” In a world of diverse cultural traditions that is simultaneously distinguished by the widespread universalist claim that “human rights extend in theory to every person on earth without discriminations irrelevant to merit,” the question thus unavoidably arises: when, in human rights decision-making, are cultural differences to be respected and when are they not? The question arises early in the nation-building enterprise where demands to preserve cultural traditions clash with demands to adhere to universal (and largely external) human rights standards.
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.
The purpose of this Article is to explore the interdependent relationship between post-conflict nationbuilding on the one hand, and refugee repatriation and intrastate reintegration of IDPs on the other. In Part II, the governing legal framework will be outlined with an emphasis on the consequences to refugees and IDPs of nation-building efforts. Part III will demonstrate that repatriation and reintegration are critical to the success of any nation-building enterprise. As will be described in more detail, although the motivations of post-conflict countries of origin and neighboring host states may differ with respect to repatriation and reintegration, the common goal of regional stability serves to align these stakeholders’ otherwise divergent interests. Finally, Part IVwill conclude that nation-building actors must take seriously their responsibility to implement the policies of repatriation and reintegration by (1) understanding and abiding well-established international law norms; (2) establishing the rule of law and stabilizing governmental structures; (3) providing for the return of property and legal status to repatriated refugees; and (4) planning for reintegration and repatriation on the local level to leverage existing family and social networks.
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.
This article analyses which of the major lessons learned from previous experiences in nation building have been applied or ignored in Iraq. It focuses on the first six months of the post-combat period, a time frame generally recognised as being critical for laying the foundations for a stable and democratic future. A review of previous cases points to six lessons that, in fact, have been unlearned, and only two that have been realised in this initial phase in Iraq.
Romanticised, popular concepts of womanhood and of women’s peace-building capacities need to be critically investigated. A gendered approach is recommended as a corrective to stereotyped perspectives about women and peace, as well as to gender-blind experiments. Such an approach may be found realistic and useful, not only in everyday circumstances, but especially also in war and post-war situations. Particular attention is given to gender in post-war politics, economy and social reconstruction.
Since the end of the Cold War, sub-Saharan African states have substantially increased their participation in international peacekeeping operations in Africa. Their contributions have become highly valued and even facilitated by major powers. This article examines why certain African states might contribute more than others to peacekeeping. In particular, prominent arguments are considered about the primacy of regime security concerns and the dynamics of warlord politics in the foreign policymaking of African states, the economic incentives of peacekeeping, and the importance of African states’ concerns over their state legitimacy and territorial integrity. First, this study investigates the possibility that peacekeeping might be utilized as a diversionary strategy to divert the attention of both an African state’s military and major powers from a regime’s misrule. Second, this study examines the extent to which financial and material assistance from donor states encourages poorer states to engage in peacekeeping. Third, the study investigates whether states with less legitimate and more arbitrary borders might have greater incentive to contribute to peacekeeping operations to promote the territorial status quo in Africa. Empirical evidence from a quantitative analysis across 47 states of sub-Saharan Africa from 1989 to 2001 suggests that states that are poorer, with lower state legitimacy and lower political repression, participate more often in regional peacekeeping.
The securitization framework has greatly improved empirical analysis of security threats. Yet, it could benefit from heightened analysis of two often neglected aspects. First, this article argues that securitizers may invoke multiple referent objects to strengthen their argument that the referent object possesses the `right to survive’. Second, by drawing attention to the presentation of securitizing moves, as well as their content, it highlights how securitizers attempt to persuade multiple audiences that their securitizing moves should be accepted and countermeasures enacted. These claims are illustrated through the analysis of an atypical case of securitization performed by an unlikely set of securitizers, humanitarian aid organizations, as they argue that indistinctiveness poses an existential threat both to their material security and to their identity.
The article investigates the inter-relation between armed conflict and natural resources and its implications for conflict resolution and peacebuilding. The first part discusses and clarifies the nexus between natural resources and armed conflict, arguing that the former have a strong link with the latter only when natural resources have particular natural and geographical characteristics and when a country experiences peculiar political, societal and economic situations. The article shows how this inter-relation is various and diverse, at the point that even scholars who studied it have sometimes disagreed on their researches. The second part analyses the implications for conflict resolution and peacebuilding. Since changing the natural and geographical characteristic of natural resources is almost impossible, the article argues that conflict resolution and peacebuilding policies should be aimed to reduce those political, societal, and economic situations that, if inter-related with the presence of natural resources in a country, can affect armed conflicts. The analysis discusses how the presence of natural resources should be addressed during the resolution of a conflict and should be considered during the post-conflict peacebuilding phase. Finally, it tries to identify how international actors can have an effective role in conflict resolution and peacebuilding when natural resources are at stake.
This article examines in turn the four main pillars of the international peacekeeping agenda (security, development, good governance and justice) in Burundi and Rwanda. Each section reviews the scholarly and policy debates about these dimensions of external engagement prior to the civil wars that ravaged both countries. Next, they analyse the post-conflict approaches used by the international community (after 1994 in Rwanda and since 2000-05 in Burundi. The concluding section draws together key lessons about the interactions between poverty, governance, violence and international assistance in Burundi and Rwanda. They bring into sharp focus the limits that development co-operation faces in shaping these issues.
The UN peacekeeping mission in the Democratic Republic of Congo (MONUC) has been derided as one of the world’s least effective peacekeeping forces. This article assesses its performance by using two indicators: mandate implementation and the reduction of human suffering. The analysis shows that effective peacekeeping in the Democratic Republic of Congo (DRC) has been hampered by two major problems. First, MONUC has had a struggle with, and inconsistent approach to, the vague concept of ‘robust peacekeeping’. During key moments of the peace process, it tried to wage peace when it should have used force. Second it failed to adapt to a dynamic conflict environment. Both problems were underpinned by flawed assumptions about the peace process, the behaviour of local actors and the presumed benefits of ‘post-conflict’ elections.
Reintegration was prioritised over demobilisation and disarmament in Tajikistan’s peace process. Inadequate disarmament rates were disregarded, but integration of opposition fighters into military and law enforcement units was relatively swift. This created high levels of trust among the former fighters and commanders. The quick provision of incentives, such as comprehensive amnesties and the offer of government positions and economic assets created stakes in the peace process for a number of actors. Transitional justice was largely overlooked. In this way, the case of Tajikistan runs counter to key elements of what has been termed the ‘post-conflict reconstruction orthodoxy’. At the same time, Tajikistan is a rare example of the emergence of post-war stability. This article provides a detailed account of the DDR process and outlines the incentives that it created for the warring parties. It also assesses the emergence of spoilers and the government’s counter strategies. The article concludes by highlighting the consolidation of President Rakhmonov’s power since 2001, but also raises some questions regarding the viability of Tajikistan’s long-term political and economic development.
The article analyses peacebuilding theories and methods, as applied to justice system reform in post-conflict scenarios. In this respect, the international authorities involved in the reconstruction process may traditionally choose between either a ‘dirigiste’ or a consent-based approach, representing the essential terms of reference of past interventions. However, features common to most reconstruction missions, and relatively poor results, confirm the need for a change in the overall strategy. This requires international donors to focus more on the demand for justice at local levels than on the traditional supply of financial and technical aid for reforms. The article stresses the need for effectively promoting the local ownership of the reform process, without this expression being merely used by international actors as a political umbrella under which to protect themselves from potential failures.
A well-trained, professional police force dedicated to upholding the rule of law and trusted by the population is essential to fighting the insurgency in Afghanistan and creating stability. However, the police programmes in Afghanistan have often been dominated by different national agendas and hampered by too few resources and lack of strategic guidance. These issues pose an enormous challenge for the Afghan government and the international community in rebuilding the police. This article argues that it is imperative that the international effort strike a balance between the short-term needs of fighting an insurgency and the long-term needs of establishing an effective sustainable policing capability when building up the police force; and that the process must not be subject merely to satisfying current security challenges or traditional state-building needs.
This article examines the political geography of state building in contemporary sub-Saharan Africa. The absence of interstate war has produced a unique situation for contemporary state builders in Africa; they have inherited states with relatively fixed borders encapsulating a variety of environmental and geographic conditions, compounded by varying distributions of population densities. The author examines the effects of a variety of strategies that African rulers have employed to enhance their state-building efforts given the type of national design they inhabit. These strategies include the allocation of citizenship, interventions in land tenure patterns, and the adoption and management of national currencies. The author tests the effects of these strategies on several dimensions of state capacity in sub-Saharan Africa from 1960 to 2004 using a variety of statistical analyses. The results indicate that the strategies currently adopted by African rulers have generally failed to substantially augment their capacity.
Over the past two decades, people have seen considerable progress made in international conflict management, peacekeeping, and peacebuilding. The end of the Cold War has led to the obsolescence of war between major powers, and globalization has increased the interconnectedness and interdependence among people, societies, and countries. However, the longevity and large-scale nature of armed conflicts in Afghanistan, the Democratic Republic of Congo (DRC), Somalia, Chad, and Sudan with enormous humanitarian consequences are solemn reminders that international institutions and peacekeeping actions are still unable to meet global challenges with global responses. Here, Tanner addresses the perils of peace operations toward global peacekeeping system. He also cites the important progress that peacekeeping has made over the past twenty years and explores, in view of a continuous North-South divide and a resurging Westphalian bias, what such a global peacekeeping system could look like.
From a security perspective, the reintegration of ex-combatants has been largely successful in Liberia due to six years of sustained effort to reestablish rule of law throughout the country, to rebuild institutions, to promote early recovery, and to reintegrate the former fighting forces as well as other war-affected populations. This, however, does not mean that all problems related to integration are completely resolve. Since 2003, an array of efforts have been undertaken to reintegrate ex-combatants, from classic disarmament, demobilization, rehabilitation, and reintegration to strategic and community-based interventions that aims at promoting alternative livelihoods. Here, Tamagnini and Krafft consider what those efforts have achieved and what was not achievable, explain why it is time to end targeted assistance to ex-combatants in Liberia, and propose the next steps to be taken.
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.
Internationally-directed nation building combines great rhetorical promise with very mixed practical outcomes. In spite of considerable optimism on the part of international actors, and in spite of often substantial desire for a functioning government among targeted populations, it has not clearly succeeded in building states or nations. The question is why? While many authors look to the weaknesses of international efforts for explanation, the answers may lie instead in the difficult process of transition itself. Although transforming political and social interactions is often necessary in post-conflict contexts, doing so can intensify vulnerabilities and uncertainties that prevent reforming governments from establishing legitimacy. That can in turn enable the fragmentation of political authority and become a sort of worst case scenario for nation building. International actors have shown no ability to counteract fragmentation and in some cases may unwittingly aid its entrenchment. One reason for this is that nation building strategies seldom take account of the hazards of transition, particularly the ways in which international preferences and domestic needs may clash. This article examines nation building within the context of political transition to assess how and when international efforts serve to unite or splinter state authority. It argues that the capacity to improve outcomes rests in better understanding the dynamics of transition, particularly the group vulnerabilities that reform exacerbates. Where nation building cannot counteract fragmentation it cannot succeed, but will serve rather to create contexts where political violence is both easier and more likely.
Since the fall of the Taliban regime, Afghanistan has become an experiment for the international community in installing democracy from outside. Externally led democratization against rushed timetables and based on formal institutions, however, was not rooted enough in the traditional institutions of Afghanistan and was conducted simultaneously with war fighting, while any benefits from reconstruction were not reaching the people. This article argues that, as a result of this lack of ‘buy-in’, the gap between democratic ideals and the lives of ordinary Afghans is widening, thereby undermining popular support, perhaps for a generation. Seeing Afghans primarily as recipients of, and not the driving force for, democracy, coupled with growing dissatisfaction with progress on economic development, may ultimately provoke popular resistance.
The implementation of liberal peace in the context of both transition economies and post-conflict situations often involves policy advice from international financial institutions for rapid opening of the economic and political systems. Experience, however, shows that the immediate outcome is increased poverty and inequality, leading to high social and human costs. Efficiency-based inquiries on externally supported state building and peacebuilding projects often use a problem solving approach which seeks ways to improve performance without questioning the validity of the liberal peace model. Inquiries based on critical theory, however, question the underlying assumptions and the legitimacy of the project itself. Using evidence from Central Asia and Afghanistan, the article argues that legitimacy depends on both how much, in the eyes of local populations, liberal peace actually improves everyday life, and how much it is valued as a goal and adheres to internal norms and values. The main proposition is that values determine how the liberal peace model is understood, while outcomes impact on how the project is accepted. High expectations of protection and welfare during crises also mean that the state can play a key role as legitimizer.
This study examines the effect of biased versus neutral mediation on the content of peace agreements. The author argues that neutral mediators, who are engaged primarily because of their interest to end the war, will have incentives to hasten the reaching of an agreement to the expense of its quality. By contrast, biased mediators, seeking to protect their proteges, will take care to ensure that there are stipulations in an agreement guaranteeing the interest of ‘their’ side or use their particular access and leverage to make their side agree to costly concessions. Biased mediation processes are therefore more likely than neutral mediation processes to lead to elaborated institutional arrangements that are generally considered conducive to democracy and durable peace, such as power sharing, third-party security guarantees, and justice provisions. Empirical analysis, covering the 1989-2004 period and building on data from 124 peace agreements, supports these claims.
This paper examines the post-war reconstruction programme in Afghanistan, arguing that it contains the seeds of radical social change. The paper analyses the tensions of the present reconstruction project in light of the past experience of similar programmes launched by Afghan rulers and their foreign supporters. The central argument is that the conflation of post-war reconstruction with a broader agenda for development and modernisation has brought out a wide range of tensions associated with social change. Simultaneously the prominent foreign role in the undertaking has increasingly had negative effects. As a result, the entire project shows signs of severe contradictions that are adding to the problems caused by the growing insurgency.
In the past five years, research sponsored by the World Bank on the economic aspects of civil war under the research directorship of Oxford economist Paul Collier has had an extraordinary influence on the subsequent study of violent conflict and civil war and on international policy. The research project has now turned its attention to the problem of countries emerging from civil war and what Collier and his co-author, Anke Hoeffler, call â€˜a first systematic empirical analysis of aid and policy reform in the post-conflict growth process.â€™ Building on the influence of their earlier research and the lively interest currently in knowledge about and policy on post-conflict strategies, this work is likely to be equally influential on research, thinking, and policy. It is all the more important, therefore, to subject the research to critical examination before it becomes established as conventional wisdom. This note reports one such attempt to analyze some major methodological problems with the study and argues that the research cannot sustain the conclusions they draw or the resulting policy recommendations.
This article argues that the mixed tribunals of Sierra Leone and Cambodia provide important lessons about the problems and dilemmas in achieving the legitimacy that is necessary for transitional justice mechanisms to have a positive local impact. High hopes have been held for the mixed model, but experiences show that this model is no easy fix to the legitimacy problems faced by the international tribunals for the former Yugoslavia and Rwanda. By locating a tribunal in the post-conflict setting, new dilemmas of legitimacy may arise. This article suggests that transitional justice mechanisms should strike a balance between backward-looking and forward-looking justice, and between international and national participation in the tribunals, but this is not done by simply locating a tribunal in the affected country.
This article explores the complex relationship between disarmament, demobilisation and reintegration of ex-combatants (DDR) and transitional justice. While both DDR and transitional justice often operate simultaneously, neither process has traditionally been designed with the other in mind. In fact, they are often in tension or competition, pursuing competing demands and potentially drawing on the same scarce donor pools. While scholars and practitioners of transitional justice have become somewhat attuned to the presence of DDR processes in countries emerging from conflict, and the challenges and opportunities they present for transitional justice, we observe that by comparison, it is only fairly recently that DDR policies, if not programmes, have begun to take account of the demands and practice of transitional justice. We argue that while the activities of DDR and transitional justice may often be in tension, in some instances they might be designed to operate in a more complementary fashion. However, for this to even be conceivable, it is essential that scholars and practitioners of each seek to understand the work of the other better.
The article contends that, in the light of contemporary challenges, states are not only changing the meaning of the word `humanitarian’, but are also creating an expanding marketplace that includes international private security companies (PSCs) in the delivery of humanitarian assistance. Three types of factors – supply, demand, and ideational – have led to this development. On the supply side, state-demanded limitations on the private employment of violence and reduced commercial opportunities in Iraq have called for PSC diversification. On the demand side, states increasingly wish for non-state partners that are comfortable with their involvement in integrated solutions, something that PSCs, rather than nongovernmental organizations (NGOs), are more willing to embrace. On the ideational side, NGOs are concerned that humanitarian endeavour is losing its neutral and impartial status in order to facilitate counterinsurgency, `hearts and minds’ activities. PSCs, in contrast, are content with the partial delivery of assistance and likely will continue to be so given, in large part, the experiences of their personnel.
Previous research has implicitly assumed that civil wars represent a coherent category of events, but given the variety of rebel goals that supposition seems tenuous. We split civil wars into those where the rebels simply want to remove the government (replacement) from those where the rebels want to alter the relationship between the state and society (legitimacy). Theoretically, states are most at risk for a civil war of replacement when they extract substantial wealth from society and the government is weak. In contrast, civil wars of legitimacy are more likely to occur in states where the rebels have both grievances and a means to maintain their future viability. An empirical analysis of civil wars of replacement and legitimacy from 1960 to 1999 confirms both our argument about the different types of civil violence and their differing causes.
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.
This article discusses post-conflict reconciliation in Greece following the divisive civil war of the 1940s. Focusing on the elite political discourse and the relationship between reconciliation and democratization, its chief argument is that in Greece continuing disagreement about the civil war did not inhibit a process of reconciliation because it was voiced within a normative framework in which violence had been repudiated as a political tool. Particularly since the fall of the Colonels’ dictatorship in 1974, reconciliation has been linked to a number of distinct political projects, some of which were as divisive as conciliatory in their effect. In each case, reconciliation meant different things to differing shades of political opinion, but the widespread adoption of the term by both the governing and opposition elites, as well as society as a whole, gradually entrapped politicians of all persuasions into accepting that a process of reconciliation had occurred. Reconciliation in Greece has therefore rested not on the establishment of a single agreed narrative representing the truth about the past, but rather on the righting of perceived injustices and the free articulation of differing interpretations of that past by both left and right within a democratic environment.
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.
This article critically examines the discourse surrounding fragile states in relation to the security-development nexus. I draw on the case of Haiti to problematise key assumptions underpinning mainstream approaches to resolving concerns of security and development through the contemporary project of state building. In contrast, I suggest that a focus on the social and political relations constitutive of social struggles provides a framework for a better analysis of the historical trajectory of development in, and of, fragile states. Through an alternative relational interpretation of Haitian social and political formations, I illustrate the way in which Haitian experiences of social change have been co-produced in a world historical context. By foregrounding these relational dynamics at key conjunctures coinciding with periods in which the state, state formation and state building, were perceived to be central to Haitian development, this analysis highlights the extent to which attempts to consolidate the modern (liberal) state, have been implicated in the production and reproduction of insecurities. The article concludes by considering the salience of this relationally conceived interpretation of the security-development nexus for gaining insight into the alternative visions of progress, peace, and prosperity that people struggle for.
Humanitarian aid operations save many lives, but they also fail to help many people and can have unintended political consequences. A major reason for the deficit is poor coordination among organizations. In contrast to “lessons learned” studies that dominate the literature on this topic, this article uses systemic network theory, drawn from business management literature. It presents the humanitarian aid community as a complex, open, adaptive system, in which interaction of structure and processes explain the quality of the response to environmental demands. Comparison of aid operations in Rwanda in 1994 and Afghanistan in 2001 probes the argument that the humanitarian system is becoming more effective by developing characteristics of a network through goal-directed behavior of participating organizations. The study finds development of network characteristics in the system when clusters of organizations learn to coordinate more closely, but the system is constrained by the workload of a crisis environment, lack of trust among organizations, and the political interests of donor governments.
The broadened and deepened notion of security has been evolving in two dimensions, one primarily intellectual and the other concerned more with political practice and policy. This paper briefly describes these dimensions, and then critically examines the acceptance of the new notion of security in the form a security-is-development thesis in South African security policy. This case shows how the security-is-development thesis affects the functions of security agencies and legitimates their anti-democratic behaviour. The case serves as a cautionary tale about how an intellectual construct, movement and school, originally intended to be a critique of state behaviour, can become a tool of state power at the expense of democracy.
Security sector reform has come to be viewed as the foundation for the state-building project in Afghanistan. Although the process has made important strides since its launch in the spring of 2002, the prevailing conditions in the country, notably high levels of insecurity and limited institutional and human capacity, have not been conducive to reform. Attempts to adjust the SSR agenda to reflect these conditions and meet immediate security challenges have deprived the process of its holistic vision. Its onus has shifted from ensuring democratic governance and accountability of the sector to maximizing security force effectiveness, a slide towards expediency that has threatened the underlying goals of the process.
The breakdown of order and the collapse of state institutions in fragile and failed states creates situations that may pose direct security threats for foreign actors. Whether and to what degree NATO should lead international efforts to address the dangers posed by failed states, typically far out-of-area, is a major debate for alliance purpose and strategy. While the alliance has focused its energy on aspects of the problem like counterterrorism and piracy, most action on fragile and failed states has been ad hoc, mainly military interventions and post-conflict reconstruction. The problem of dysfunctional states requires a broader rethinking for the international community and especially for NATO as it revaluates strategic goals. To more effectively provide security within the territorial boundaries of its member states the alliance needs to look at security beyond the Euro-Atlantic area. Shaping the political environment means an expanded NATO role in conflict prevention and in avoiding state failure before it occurs. It is argued here that this strategic perspective will not mean more interventions for NATO, but fewer. Moving away from intervening to stress prevention of state failure involves a change of focus: the development of capacities to anticipate problems and rebuild states, and to strengthen institutional capacities in states of strategic importance to the alliance.
The 2006-2007 communal conflict in East Timor was starkly revealing of the fragility of national identity and also of the existence of deep-seated social tensions. These tensions were embodied by a wide range of warring social groups such as gangs, veterans groups and martial arts groups. A number of recent analyses have alluded to the political and ethnic nature of both the conflict and these groups. However, the manner in which all these groups emerged and interacted at different stages of the conflict did not always conform to static political and ethnic allegiances. This paper examines the internal dynamics of these groups’ interactions; and how these groups prioritised often conflicting political, ethnic and social identities at different times during this two-year period. It argues that to frame more effective security and development responses and more effectively predict future conflict, we must first comprehend the complex, multi-layered nature of contemporary communal conflict in East Timor.
Undoubtedly, the expansion of the UCMJ to contractors and other persons accompanying or serving with the armed forces in the field will be challenged on constitutional grounds. But is this legislation unconstitutional? This article discusses the Supreme Court cases that have addressed the constitutionality of the application of the military law and court-martial jurisdiction to civilians, the Supreme Court decisions that may provide insight into the Court’s views of military jurisdiction, and how today’s Court might address the constitutionality of this expansion of UCMJ jurisdiction in light of recommendations made by the DoD on implementation and withholding of UCMJ convening authority. Part II of this article discusses the legislative expansion of UCMJ jurisdiction, and Part III discusses the Joint Service Committee recommendations on implementation of this expansion. Part IV discusses Supreme Court cases relevant to application of court-martial jurisdiction to civilians, and Part V briefly discusses current similarities and differences between civil court and court-martial procedure. Finally, Part VI attempts to predict whether the Supreme Court would find various applications of the UCMJ to contractors constitutional.
Following the four-year Bonn Agreement implementation period, from December 2001 to December 2005, the London Conference on Afghanistan was convened, 31 January – 1 February, to reaffirm the commitment of world leaders to the next phase of statebuilding and reform in Afghanistan. The central document of this gathering, the Afghanistan Compact, sets forth a number of time-bound benchmarks for the next five years in the areas of security, governance and development. This article examines key aspects of the compact and what will be required for the government of Afghanistan to meet the various targets, along with the support of the international community. Policy recommendations are further advanced to facilitate reconstruction efforts and to sustain a sufficient level of international engagement to avert failure in Afghanistan.
In the aftermath of civil wars, international actors often worry about the incoherence, tribalism, and division of war-torn nation-states like Afghanistan. However, the problems encountered in the Afghanistan recovery and reconstruction effort illustrate that the divisions, rivalries and fragmentation of authority of the international community have constituted just as big an obstacle to what the UN now calls ‘peace building’. Sustainable stability and peace, to say nothing of democracy, require international actors to delegate some sovereign functions to a multilateral entity that can reinforce rather than undermine the institutions responsible for the reconstruction of the nation-state. The history and contemporary situation in Afghanistan makes clear that there is an important need for the peace-building mechanisms proposed by the UN Secretary-General’s High-level Panel. This would involve a unified international decision-making body that would act as a counterpart to the recipient national government and potentially bring order to the anarchy that invariably flows from the multiple agendas, doctrines and aid budgets of the array of external actors involved in peace building in Afghanistan and elsewhere.
In countries emerging from civil war with weak governments, bribery demands will be used opportunistically by officials operating under unclear rules that allow them to invent offences or simply to extort funds from ordinary people. Furthermore, many people may engage in illegal activities, such as smuggling or illicit trade in arms, and may need the protection of public authorities to continue to operate. Peacebuilding strategies must avoid triggering vicious spirals. An economy that is jumpstarted by giving monopoly powers to a few prominent people may produce a society that is both lacking in competition and unequal. Although it may be risky and difficult to counter corruption in post-conflict peacebuilding, if the problem is allowed to fester, it can undermine other efforts to create a stable, well-functioning state with popular legitimacy. Care must be taken in starting down the road to reform. Strong leadership from the top is needed that moves towards the goal of a more legitimate and better functioning government and sidelines those who have in the past been using the state as a tool for private gain through threats and intimidation. International assistance can, in principle, help, but it needs to be tailored to avoid exacerbating the underlying problem created by the mixture of corruption and threats of violence from those inside and outside the government.
From a management perspective, this article presents a process model to analyze cooperation between military and civilian actors in peace support operations. By means of multiple case study research, the article applies the model to eight partnerships between the Dutch Provincial Reconstruction Team and civilian actors (nongovernmental organizations, district governors, local constructors) in Baghlan, Afghanistan. These partnerships include explosives removal, power plant construction and police training courses. The article shows that civil-military cooperation processes follow six successive steps: decision to cooperate, partner selection, design, implementation, transfer of tasks and responsibilities, and evaluation. It is concluded that there is a lack of unambiguous and useful military guidelines regarding civil-military cooperation; the military are often unaware of other actors operating in the area and their programs, cooperation is frequently supplybased rather than demand-driven, and many military personnel involved in civil-military cooperation have little experience with and training in the subject.
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.
The “liberal peacekeeping” is undergoing a crisis of legitimacy at the level of the everyday in post-conflict environments. In many such environments; different groups often locally constituted perceive it to be ethically bankrupt, subject to double standards, coercive and conditional, acultural, unconcerned with social welfare, and unfeeling and insensitive towards its subjects. It is tied to Western and liberal conceptions of the state, to institutions, and not to the local. Its post-Cold War moral capital, based upon its more emancipatory rather than conservative claims, has been squandered as a result, and its basic goal of a liberal social contract undermined. Certainly, since 9/11, attention has been diverted into other areas and many, perhaps promising peace processes have regressed. This has diverted attention away from a search for refinements, alternatives, for hybrid forms of peace, or for empathetic strategies through which the liberal blueprint for peace might coexist with alternatives. Yet from these strategies a post-liberal peace might emerge via critical research agendas for peacebuilding and for policymaking, termed here, eirenist. This opens up a discussion of an everyday and critical policies for peacebuilding.
A critical examination of the effort to build a liberal peace since 1999 in East Timor illustrates that to a large degree the liberal peace model has failed the East Timorese people. There are two aspects to this: the first is the failure to construct a social contract between society and its institutions of governance. This is related to the broader issue of the social legitimacy of, and contract with, international actors derived from society and its complex groupings. The second is the failure, at least in the transitional period, to respond to the experiences of everyday life and welfare requirements of the new state’s citizens.
We use the term “development” to refer to decision processes and decision outcomes which have been designed to induce the shaping and sharing of all values within and among territorial communities in ways with consequences approximating the goal values of a world order of human dignity. The component of purposive direction toward these postulated goal values distinguishes development from social change more generally. Social change, it will be noted, is an ineluctable feature of social process, for all actors are constantly seeking to change parts of the social process with the aim of making it discriminate in their favor. Hence social change is of no intrinsic interest to the policy-oriented approach to development. Development, in contrast, implies specific scope values with respect to which strategies for securing selective changes are invented and against which change-flows in decision structures and in the production and distribution of values are constantly evaluated. Thus, from a policy-oriented perspective, not all change is considered to be development; changes incompatible with human dignity can be characterized as retrogressions or as “disdevelopmental.”
For a long time analysts of war-torn societies have understood post-conflict situations primarily as processes of transition towards consolidated statehood. This perspective is increasingly considered unsatisfactory in that it raises false expectations of state-building processes and conceals important dynamics unfolding in situ. This article formulates an integrated analytical framework that allows for characterizing and assessing the dynamics in post-conflict polities. It is argued that any post-conflict polity can be characterized by focusing on the interactions between three post-conflict actors: the formal government, external actors and informal powers. In a second step Amartya Sen’s capability approach is used as an analytical benchmark for measuring state-building achievements. Subsequently, the analytical framework is applied for comparing two diverse post-conflict environments, Mozambique and Liberia, in order to illustrate the potential and limitations of the analytical framework.
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.
Written from the dual perspective of scholar and practitioner Rich qualitative and quantitative data-set Innovative conceptual framework Democratic Peacebuilding examines the evolution of international peacebuilding since the cold war, identifying the factors that limit the progress of international actors to institutionalize democratic authority and the rule of law in war-shattered societies. It gives particular attention to Afghanistan’s Bonn Agreement process (2001-2005) and post-Bonn period (2006-2009), in which the country’s multiple, competing forms of authority (e.g., religious leaders, tribal elders, militia commanders, and technocrats) challenged efforts to create “modern” forms of political authority rooted in democratic norms and the rule of law. Despite the significant risks involved, this volume argues that the institutionalization of democratic legal authority can create the conditions and framework necessary to mediate competing domestic interests and to address the root causes of a conflict peacefully. At the same time, one overlooked problem of international peacebuilding stems from the divergent conceptions, between international officials and the local population, of authority and its sources of legitimacy. By helping a conflict-affected society reconcile the inherent tensions between competing forms of authority, international peacebuilders can contribute to improved conditions for governance and a reduction in intra-state political violence. Due to high expenditures in a period of global economic uncertainty and frustrations in Afghanistan and elsewhere, democratization as an approach to conflict management and resolution is in retreat in some influential policy circles. But it is only a deepening of democracy, rather than lowering the metrics for progress and conditions for exit, that will determine whether fragile states are placed on a viable course toward stability and greater self-sufficiency.
International school textbook revision and research became a professional academic activity after the First World War. It broadened its scope and methodological approaches considerably after the collapse of the bipolar world. Today, a number of different agencies, such as international governmental institutions, NGOs, and academic as well as pedagogical institutions, are involved in projects on the revision of history teaching in postconflict societies. This article examines the pros and cons of different project designs, focusing on the sometimes contradictory aims projects are expected to achieve and on the interplay between the various agencies. Examples highlighting the reconstruction and reconciliation process are taken from Bosnia and Herzegovina, Israel-Palestine, and Rwanda and South Africa.
Previous analyses have provided extensive and in-depth insights into the external relations of Provincial Reconstruction Teams (PRTs) in Afghanistan, particularly the division of labour between them and the humanitarian assistance community. This article broadens and deepens this literature by focusing on the internal relations of PRTs, particularly the cooperation between military and civilian sections within them. It shows that the successes and failures of PRTs are not just on the part of individual advisers, officers or uncooperative partners, but can also be located in the organizational culture of a PRT as a whole. On the one hand, a PRT constitutes a forum in which diverging civilian expert, military and national interests may collide, producing a potential for a ‘clash of mindsets’. On the other, such a collision can lead to fruitful results and innovative policies in which different viewpoints complement each other.
As major wars have become uncommon over recent decades and the efficacy of economic sanctions is questioned, foreign military intervention seems to have become increasingly prevalent on the international scene. Military intervention has also gained a degree of moral legitimacy, as it is now often launched for humanitarian ends rather than simply to further the intervener’s strategic or material interests. Despite the apparent increase in the use of foreign military intervention as a policy tool in recent years, the quantitative international conflict literature continues to operate without either a comprehensive or a current inventory of foreign military interventions. The authors attempt to fill this gap by updating Pearson & Baumann’s International Military Intervention (IMI) dataset from 1989 to 2005. IMI has a number of attributes that should make it attractive to quantitative international conflict scholars. One is that it is one of a small handful of interstate conflict datasets that attempts to discern the motives behind state uses of force. Also, its substantive coverage is broad, allowing researchers to separate out and focus on the forms of intervention (supportive, hostile, humanitarian, territorial, etc.) that are relevant to their research. As a preliminary validity test of the updated data, the authors analyze patterns of Cold War and post-Cold War military intervention in the IMI collection to see if they correspond with conventional wisdom on real world events.
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.
Together, the recent entry of reconciliation into the politics of peace building and the ancient presence of reconciliation as a concept in religious traditions create potential for, but also leave undeveloped, an ethic of political reconciliation. This ethic would derive a set of concrete guidelines for recovering political orders from philosophical and theological fundamentals. An outline of such an ethic is what I propose here.
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.
The United States has consistently failed to deal with the breakdown in public order that invariably confronts peace and stability operations in internal conflicts. Analysis of experience in Panama, Somalia, Haiti, the Balkans and Iraq demonstrates that indigenous police forces are typically incapable of providing law and order in the immediate aftermath of conflict, and so international forces must fill the gap – a task the US military has been unwilling and unprepared to assume. After 20 years of lessons learned (and not learned), this article argues that the United States must develop a civilian ‘stability force’ of constabulary and police personnel deployable at the outset of on operation to restore public order and lay the foundations for the rule of law.
This article addresses the issue of Security Sector Reform (SSR) in Bosnia and examines whether the reform of security structures has enhanced security of Bosnia as a whole. The experience of recent armed conflict, and fragmentation and ethnicization of security structures have created special challenges for SSR in Bosnia. Transformation of the security sector in Bosnia is made even more complicated by the plethora of international actors involved in the process. The article argues that, despite the complexity of the task, SSR has produced some notable results, particularly in redressing the balance of power between the state and entities in the spheres of defence, policing and intelligence. However, while some of the SSR initiatives appear to be very successful in their main objective, they have inadvertently created some new security risks and/or displaced problems into another area. Thus, the question remains whether Bosnia’s security has been enhanced in the process. The article identifies two main obstacles which block further progress in the building of security in Bosnia: first, the lack of local ownership of SSR, and second, the Dayton constitutional arrangements. The article concludes that until these two fundamental issues are effectively addressed Bosnia will remain a weak, marginalized country filled with insecurity, divisions and adversity.
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.
This article argues that mediation and political engagement by third parties can contribute to peacebuilding by strengthening the political processes in countries exiting civil conflict. Third-party engagement can create the political space within which long-term reconstruction, development, and reconciliation issues can be discussed among national actors. Given that peace agreements are frequently mere cease-fires representing short-term deals among elites, mediation and political engagement can assist the transformation of these deals into long-term commitments and inclusive national politics. Specifically, mediation can contribute to peacebuilding in three ways. First, mediators contribute to peacebuilding by working toward peace agreements that serve as frameworks for the opening up of the political process as opposed to agreements that lock in detailed, long-term governance models and concentrate power in the hands of the wartime elites. Second, in the period immediately following the signing of peace agreements, mediation helps parties adhere to the agreements and settle any remaining issues. Third, mediation contributes to making transitional governments workable and, as much as possible, ensures that they gradually lead to more inclusive political processes.
This essay examines the transitional periods following peace agreements and leading to elections and new constitutions. It discusses the advantages of gradually expanding political participation during these periods, despite the arguments of several scholars that political liberalization in the absence of strong state institutions carries significant risks. The article argues that political participation in transitional periods may be expanded through inclusive elite consultations on issues such as elections, vetting of institutions and new constitutions, and through wider national dialogue efforts including civil society. The essay recognizes the risks of premature elections, but argues that the goal of reforming state institutions cannot be achieved in the absence of a national political process. This argument relies on the insights of the constitution-making literature, namely that lasting institutions tend to result from lengthy and inclusive constitution-making processes. It also relies on the civil war settlement literature according to which belligerents need credible guarantees that their interests will be protected in the post-agreement period before laying down their arms. The essay argues that guaranteed inclusion in the transitional process and influence over the outcome of the transition offers such assurances to former belligerents that their interests will be respected in the new political reality.
This article places the Iraqi National Conference of August 2004 in a comparative context by examining the role of national conferences in transitional and post-conflict countries. It argues that national conferences do not contribute significantly to a transitional process, if a prior political agreement on the process and on the role of the Conference among key stakeholders is absent. In Iraq, the disagreement over the transitional framework created by the Coalition Provisional Authority and the US-appointed Iraqi Governing Council impeded a truly inclusive Conference from taking place. A core of established political parties, distrusted by the opposition, controlled the Conference preparations. A transparent preparatory process did not take place; the Conference did not serve as a forum for genuine dialogue. Finally, the National Council elected by the Conference did not expand political participation to credible opposition figures.
United Nations (UN) peacekeeping operations have been increasingly deployed in many crisis contexts. The practice has been established by the UN to ensure peace and protect victims of different types of armed conflict. Unfortunately, during the past ten years, several cases of serious human rights violations committed by peacekeepers against people who should be protected by them have emerged. The UN has gone through a widespread analysis of the issues involved, from the managerial, administrative and legal points of view. The 2005 Zeid Report has provided the basis for further action within the UN system. Since then, several policy and legal measures have been discussed by relevant UN bodies and organs, and some new developments have taken place. This article offers an account and an analysis of the different steps taken within the UN to face difficult cases of misbehaviour, including human rights violations, which may lead to forms of criminal conduct. It takes into consideration the suggestions provided by the Zeid Report and subsequent UN documents. It focuses on legal developments and discusses the main problems in understanding the legal complexity of this phenomenon. The article includes updated documents and proposals that have been discussed and adopted until the most recent reports in 2009.
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.
With conditions created by Western colonialism and the dynamics of the Cold War bipolar global rule, the inability of governments to rise beyond corrupt and imbalance political order, and, hence, the resurgence of ethnic, religious, and ideological identity consciousness and identification, Africa has been a bleeding Continent since the end of the colonial era. Contemporary Africa?s conflicts are intrastate, with many protracted. This paper argues that to deal adequately with such conflicts there is a need for an inner-oriented, indigenous-based, organic, and long-term sustainable nonviolent process of conflict transformation and peacebuilding aimed at constructive holistic change. It demonstrates that this is core to the peacebuilding paradigm Lederach develops and so apt for dealing with today?s Africa?s conflicts.
This article examines the international community’s commitment, since the December 2001 Bonn Agreement, to build democratic institutions and practices at national and local levels in Afghanistan. The tensions between democracy promotion activities and the statebuilding exigencies of political stabilization are identified through an examination of the 2005 elections and creation of the National Assembly, Provincial Councils, and Community Development Councils. The analysis demonstrates the existence of multiple, competing agendas in Afghanistan, embodied in contradictory elements found in those institutions. Policy recommendations are advanced for forging a coherent statebuilding agenda that can garner the legitimacy needed to complete the important transition signalled by the Interim-Afghanistan National Development Strategy and the Afghanistan Compact, concluded in January 2006 in London.
From a critical security studies perspective is the concept of human security something which should be taken seriously? Does human security have anything significant to offer security studies? Both human security and critical security studies challenge the state-centric orthodoxy of conventional international security, based upon military defence of territory against threats. Both also challenge neorealist scholarship, and involve broadening and deepening the security agenda. Yet critical security studies have not engaged substantively with human security as a distinct approach to non-traditional security. This article explores the relationship between human security and critical security studies and considers why human security arguments have not made a significant impact in critical security studies. The article suggests a number of ways in which critical and human security studies might engage. In particular, it suggests that human security scholarship must go beyond its (mostly) uncritical conceptual underpinnings if it is to make a lasting impact upon security studies, and this might be envisioned as Critical Human Security Studies (CHSS).
Peacebuilding activities in conflict-prone and post-conflict countries are based upon the assumption that effective, preferably liberal, states form the greatest prospect for a stable international order, and that failing or conflict-prone states represent a threat to international security. Peacebuilding is therefore a part of the security agenda. This has brought obvious benefits, most obviously much-needed resources, aid and capacity-building to conflict-prone countries in the form of international assistance, which has contributed to a decline in intrastate conflicts. However, there are a number of negative implications to the securitization of peacebuilding. This article considers the implications of this, and concludes that it is difficult to mediate between conventional and critical views of peacebuilding since they are premised upon quite different assumptions regarding what peacebuilding is and what it should be.
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.
This article examines education as a security issue in Bosnia and Herzegovina (BiH), where some Bosniaks, Serbs and Croats have learned to hate each other and, at times, violently reinforce ethno-cultural differences through separate education systems. It further explores education as a poorly understood conflict-prevention, post-war reconstruction and peacebuilding tool mainly after the 1995 Dayton Accord. It highlights the OSCE as a significant actor in recognizing and responding to education-related security needs. And it reflects on persistent challenges and prospects for a sustainable peace aided by education. Finally the article identifies new research steps to assess reforms.
This paper examines transition patterns in post-Gulf war Iraqi Kurdistan as a function of external aid, and the impact of these developments on relations between the Kurdistan region and Baghdad. It argues that, despite ethnic traditions and structural legacies, the asymmetrical and changing nature of aid has created new incentives for conflict and co-operation. Since 1991 aid has strengthened the Kurdistan region’s power in relation to the state and increased leverage on the central government to accommodate Kurdish demands for autonomy. Yet it has also created an increasingly complex political,?economic order and new interdependencies between the regions. The shift from relief aid to reconstruction within a neoliberal framework has helped open the Iraqi and Kurdish political economies by encouraging trade between the Kurdistan region, regional states and foreign governments. The creation of a federal Iraqi state has also led to financial and political linkages between the Kurdistan region and Baghdad and to new requirements for negotiation.
How can outgoing autocrats enforce promises of amnesty once they have left power? Why would incoming opposition parties honor their prior promises of amnesty once they have assumed power and face no independent mechanisms of enforcement? In 1989 autocrats in a number of communist countries offered their respective oppositions free elections in exchange for promises of amnesty. The communists’ decision appears irrational given the lack of institutions to enforce these promises of amnesty. What is further puzzling is that the former opposition parties that won elections in many countries actually refrained from implementing transitional justice measures. Their decision to honor their prior agreements to grant amnesty seems as irrational as the autocrats’ decisions to place themselves at the mercy of their opponents. Using an analytic narrative approach, the author explains this paradox by modeling pacted transitions not as simple commitment problems but as games of incomplete information;that is, embarrassing information that provides insurance against the commitments being broken. The author identifies the conditions under which autocrats step down even though they can be punished with transitional justice and illustrates the results with case studies from Czechoslovakia, Poland, and Hungary.
This article critically reflects on the ways in which the global project of transitional justice is channelled or streamlined in its scope of application. Using the categories of ‘when’, to ‘whom’ and for ‘what’ transitional justice applies, it argues that transitional justice is typically constructed to focus on specific sets of actors for specific sets of crimes. This results in a fairly narrow interpretation of violence within a somewhat artificial time frame and to the exclusion of external actors. The article engages themes of gender, power and structural violence to caution against the narrowing and depoliticisation of transitional justice.
In this article, we will examine these world order implications through the prism of the world constitutive process. This process is one of continuing communication and collaboration that examines, refines, and allocates competence in the international system. The process of contextual mapping might shed light on the terms associated with, and concepts communicated by, privatized military combat, which might be better understood when the contexts in which they are used are illuminated in a discriminating manner. Their multiple meanings are given coherence when we appreciate the divergent contexts within which they are used. To develop the appropriate predicate for contextual mapping, we recognize that, notwithstanding the various nuanced meanings attached to the concept of privatized military combat-as an outsourcing of national security responsibilities, as a part of a nation-building campaign to bring stability to a weak or failed state, as a mechanism to subvert congressional oversight, as a pretext to channel money to certain corporations, and more, we can nevertheless distill points of reference of sufficient conceptual generality to give coherence to the appropriate description of this form of outsourcing in the context of contemporary international law and international relations.
Public health problems in armed conflicts have been well documented, however, effective national health policies and international assistance strategies in transition periods from conflict to peace have not been well established. After the long lasted conflicts in Sri Lanka, the Government and the rebel LTTE signed a cease-fire agreement in February 2002. As the peace negotiation has been disrupted since April 2003, a long-term prospect for peace is yet uncertain at present. The objective of this research is to detect unmet needs in health services in Northern Province in Sri Lanka, and to recommend fair and effective health strategies for post-conflict reconstruction. First, we compared a 20-year trend of health services and health status between the post-conflict Northern Province and other areas not directly affected by conflict in Sri Lanka by analyzing data published by Sri Lankan government and other agencies. Then, we conducted open-ended self-administered questionnaires to health care providers and inhabitants in Northern Province, and key informant interviews in Northern Province and other areas. The major health problems in Northern Province were high maternal mortality, significant shortage of human resources for health (HRH), and inadequate water and sanitation systems. Poor access to health facilities, lack of basic health knowledge, insufficient health awareness programs for inhabitants, and mental health problems among communities were pointed by the questionnaire respondents. Shortage of HRH and people’s negligence for health were perceived as the major obstacles to improving the current health situation in Northern Province. The key informant interviews revealed that Sri Lankan HRH outside Northern Province had only limited information about the health issues in Northern Province. It is required to develop and allocate HRH strategically for the effective reconstruction of health service systems in Northern Province. The empowerment of inhabitants and communities through health awareness programs and the development of a systematic mental health strategy at the state level are also important. It is necessary to provide with the objective information of gaps in health indicators by region for promoting mutual understanding between Tamil and Sinhalese. International assistance should be provided not only for the post-conflict area but also for other underprivileged areas to avoid unnecessary grievance.
Despite considerable effort and large sums of money spent over five years of police reform in Afghanistan, the investment has yet to yield significant results. Among the reasons outlined in this article are the failure to distinguish clearly between the different roles of the police and the military in contributing to security sector reform; a lack of strategic vision and effective planning; and a failure to capitalize on the insights, best practices and lessons learned from the last 30 years of police reform in the West. Finally, recommendations are made for remedying current problems and re-directing reform to achieve greater effectiveness.
The African Union (AU) was officially inaugurated on July 2002, and a year later it had already deployed its first peace operation in Burundi. The AU subsequently deployed peacekeeping missions in Darfur, in 2004, and in Somalia, in 2007. This article will examine the AU‘s foray into peacekeeping which appears to have been hasty, erratic, and not carefully planned. The article will also assess the extent to which what the AU has been doing can be defined as peacekeeping using the Brahimi Criterion for the deployment of operations. The article will briefly assess the AU‘s operations in Burundi and Somalia before focusing on the joint AU-United Nations (UN) hybrid mission in Darfur. The article examine whether the hybrid mission represents a paradigm shift in peacekeeping, based on the way that it was launched and how it is currently operated. The article examines whether the hybrid mission fulfils the Brahimi Criterion, and whether it can serve as a model for future peacekeeping operations in Africa. The article concludes that the AU has a better chance of success when it undertakes a concise and focused operation with a clear mandate and the modicum of logistics to ensure its effective implementation, as demonstrated by its experiences in Burundi. The AU‘s efforts in Somalia has left it mired in an open-ended complex emergency with no easy remedy. The organisation‘s joint effort with the UN in Darfur is similarly constrained by the absence of a peace to keep. The hybrid mission therefore falls short of the Brahimi Criterion and suggest that UN intervention following an initial AU peace operation is not necessarily a panacea to the continent‘s peacekeeping challenges.
Does peacekeeping intervention improve the human rights situation in states with a history of civil war? While this question has received a myriad of attention and debate within the human rights community, there have been relatively few studies that attempt to answer this question. Examining the characteristics of peacekeeping following civil war from 1980 to 2004, this article finds that peacekeeping can both encourage and undermine respect for human rights. Specifically, the mission and activities of peacekeepers matter. These findings support the human rights community’s stance that peacekeeping can be problematic but holds promise for human rights in post-conflict states.
This paper looks at the Eritrean state-making process in light of the 1998-2000 Eritreo-Ethiopian war and its aftermath. Three historical layers are discussed as determining the workings of the present Eritrean state. Their most important legacies are concerns around territorial integrity coupled with a deep mistrust of the international community, and a political system based on mobilisation coupled with authoritarian control. The war had two major consequences for the Eritrean polity: It led to many ruptures within the state, and it re-enforced deeply held suspicions towards the main international actors engaged in finding a sustainable solution. The latter’s involvement has resulted in a stalemate. Looking into the future, in a best-case scenario, pressure will be put on Ethiopia to accept once and for all its boundary with Eritrea as defined by international law. At the same time, this could open the way for domestic change towards constitutional government in Eritrea. At present, lacking a base for mutual engagement, future prospects for both countries, but more so for Eritrea, look bleak.
This article highlights how the instruments for addressing the presumed source(s) of armed violence need to be sharpened and extended to address the heterogeneous character of armed violence present in many post-conflict situations. These extensions require the development of practical armed violence prevention and reduction programmes that draw upon scholarship and practice from the criminal justice and public health sectors. The article argues that reducing organized violence and insecurity in post-conflict contexts requires responding to the wider dynamics of armed violence rather than focusing exclusively on insecurity directly connected to what are traditionally defined as armed conflict and post-conflict dynamics; and this requires attention not just to the instruments of violence, but also to the political and economic motives of agents and institutions implicated in violent exchanges at all levels of social interaction.
Although the United States has recently brought civilian contractors under the jurisdiction of the Uniform Code of Military Justice (“UCMJ”), their status under international treaty law remains uncertain. Protocol I and the Third Geneva Convention suggest four legal categories into which such contractors may fall: armed civilians, mercenaries, contractors accompanying the armed forces, or combatants subordinate to Parties to a conflict. This Article reviews each of these possibilities and concludes that, due to the language and history of these conventions, the evolution of warfare, and prudential reasons of state policy, only the last possible classification–that armed contractors are Party combatants for purposes of international law–is a reasonable interpretation of international law. Furthermore, this Article argues that the United States has several incentives to advocate a classification of armed contractors as members of the armed forces. First, due to the extension of UCMJ jurisdiction to armed contractors during contingency operations, the United States may be responsible for the acts of PMFs in its employ under the international law of state responsibility. Because of this, it is necessary for the United States to clarify the responsibilities and rights of PMFs in order to prevent military commanders and civilian leadership from facing accusations of war crimes. Additionally, while the United States currently holds a relative monopoly on both the provision and consumption of PMF services, there is no reason why other states may not begin to use such forces in manners inconsistent with American objectives. Thus, it is in the best interest of the United States to use its dominant market position to establish an international norm of state responsibility and to use its international clout either to codify such a norm into a treaty regime or to advocate the norm as a part of customary international law. To that end, this Article will propose draft language for an international agreement on the use of PMFs by state actors and suggest possible methods by which the norm of state responsibility could be promoted as customary international law.
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.
Gender has been marginalized in security sector reform (SSR). Policy has changed in recent years, but the gap between policy and practice remains significant. This article examines gender and SSR, critiques some of the current debate on gender in SSR, outlines the challenges of adopting a gender-sensitive SSR approach and discusses the issue of gender-based violence and justice reform. The article concludes that there is a need to refocus gender in SSR discourse. Gender should be treated within the broader SSR context to avoid the separation of gender from other matters in SSR. Gender is not only about women and essentialist assumptions are not useful to the discourse. There is also a critical need to expand the focus on representation to gender mainstreaming and context sensitivity, and to avoid template models for SSR.
The Democratic Republic of Congo has been plagued by continued conflict and violence in the East despite the official ending of the war. And civilians have borne the brunt of this conflict. Security sector reform (SSR) is a critical element in ensuring security, stability and sustainable peace. This article examines security sector reform conducted by the UN Mission in Congo, and also refers to other actors involved in the process, focusing primarily on the East where insecurity is prevalent due to the non-integrated Congolese forces, the Armed Forces of the DRC, other armed groups and foreign, mainly Rwandan, troops. It contends that SSR is vital to protect civilians and that thus far MONUC has not fulfilled its mandate of protection.
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.
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.
The metaphor of the vicious circle is deeply embedded in analysis of protracted conflicts. Yet in at least some instances conflicts that appear to be self-reinforcing in the short term are in the longer run producing conditions out of which new political orders can emerge. These protracted conflicts are thus dynamic, not static, crises and require post-conflict assistance strategies that are informed by accurate trend analysis. The case of Somalia is used to illustrate the dramatic changes that occur over time in patterns of armed conflict, criminality, and governance in a collapsed state. These changes have produced a dense network of informal and formal systems of communication, cooperation, and governance in Somalia, helping local communities adapt to state collapse, manage risk, and provide for themselves a somewhat more predictable environment in which to pursue livelihoods. Crucial to this evolution of anarchy in Somalia has been the shifting interests of an emerging business community, for whom street crime and armed conflict are generally bad for business.
This study examines the experience of the United Nations interventions to reform Haiti’s security sector as part of a larger effort to rebuild the Haitian state. Despite multilateral attempts in the 1990s to demobilize the army, create a police force and implement reforms, the lack of elite support, insufficient judicial sector capacity and persistence of corruption led to the current resurgence of violence. The study concludes that a legitimate national dialogue with local elites, and long-term donor involvement, specifically of the United Nations, are necessary to ensure that justice, security, development and the governance sector are developed simultaneously to prevent Haiti from becoming a failed state.
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.
This article investigates the effectiveness of combatant reintegration through a case study of two security-oriented programmes held in Poso, Indonesia from 2007 to 2008. Each programme aimed to prevent further attacks by addressing perceived economic difficulties experienced by youths whose main skill was perpetrating violence. The effect of such reintegration programmes on potential spoilers has typically been conceptualised in terms of programme influences on former combatants themselves. But in a localised conflict context where many combatants may have held jobs while perpetrating violence, the paper finds that the clearest contribution to sustaining peace of reintegration programming was its effect on police capacity to manage security. Police increased their levels of contact with combatants through reintegration and other informal incentives, then leveraged this contact to gather information after security incidents and to detect potential security disturbances. This pattern of achieving security outcomes through police contact with perpetrators of violence owes its conceptual lineage to the counter-terrorism strategy of the Indonesian police. The case highlights the potential for greater exchange between the fields of combatant reintegration and counter-terrorism disengagement.
Rather than nation-building, the rule of law was the framework for my volunteer service. Consistent with ISLP’s mission, I was volunteering in order to support and advance the rule of law in India. My specific assignment was to provide “senior lawyer” assistance to a group of public interest lawyers who handled human rights cases on behalf of the poor. Given the facially healthy appearance of India’s democratic institutions, I assumed that the rule of law issues embedded in that work would be somewhat nuanced and subtle, well along a continuum of rights and principles that had already been established. However, as I was to discover, many rule of law principles in India are at a more nascent stage of development. It is true that virtually all of the fundamental legal principles associated with a democratic system of law are eloquently articulated in India’s Constitution, codes, and judicial opinions. However, many of these laws-especially those affecting individual rights and protections- are so unevenly and inadequately enforced that they effectively do not exist for large segments of India’s population. The size of the gap between the law on the books and its access by and application to all levels of a society is one crucial indicator of a country’s progress on the rule of law continuum. By that measure the nation of India, while not outside intervention or fundamental restructuring, is still in the building process.
Wartime contracts raise challenges to the classic contract doctrines of performance and remedies. First, privatization of numerous military and support functions (even support services such as trucking, laundry and food preparation) has placed private sector contractors in active war zones leading to difficulty in contract performance and injury or death to some contractors. Second, privatization of these functions necessitates that the government employ a functional supervisory system that ensures accountability to the government for contractor actions. How prepared is contract law to resolve disputes raised by these scenarios? This essay explores the role of contract in wartime and, in particular, reconstruction and the shortcomings of trying to use contract law in its current form to achieve the goals contemplated by the architects of the Iraq war. First, it considers the use of government contracts to privatize numerous government functions during the reconstruction and conflict in Iraq. Second, it considers the private ordering by contract done by government contractors to obtain security and related services from third parties. Both types of contracting raise complicated issues, including the proper use of force, to what extent the contracts should have government oversight, to what extent contractors should be accountable for crimes and whether contractors qualify as noncombatants in case of capture. Heavy reliance on contract law to address these problems raises complicated issues of delegation, performance, breach, assumption of risk, excuse and remedies. The general parameters of contracting with the U.S. government shall serve as a precursor to this discussion.
Considerable effort is being undertaken to consolidate Timor-Leste’s post-conflict legacy of incomplete and conflicting legal traditions. Whilst aid interventions have typically prioritised the strengthening of courts, relatively little attention has been given to the role of the justice sector professionals who must occupy them. With the recent regulation, by Timor-Leste’s National Parliament, of the legal profession, there is now an implicit investment in the potential of lawyers collectively to support the nation-building endeavour. Their ability to assist in navigating a complex and evolving system makes them critical personnel for building confidence in formal processes and promoting identification with state objectives. Functioning as educators and intermediaries between community and government, lawyers have the potential to wield, or otherwise to fall victim to, political power. This paper examines the growing importance of the legal profession as a stakeholder in Timorese security and development. The role of lawyers as agents of reform is discussed and obstacles to greater engagement with policy formation are considered.
At the outset of the twenty-first century, the rule of law is no longer a concept exclusively, or even primarily, defined and debated by political philosophers and constitutional lawyers, as had been the case in centuries past. Over the last decade in particular, the rule of law has become “the motherhood and apple pie of development economics.” Western democracies, their regional organizations, NGOs, and the multilateral development agencies they control, now pour billions of dollars and euros into projects designed to measure the rule of law, create it where it does not exist – in closed dictatorships, failed states, and post-conflict zones – and to strengthen it in transitional and struggling democracies around the globe. Institutionalists of different hews have come to see it as central to modern statehood, impartial economic exchange, and objective justice. Democracy scholars are pointing to it as the essential, non-electoral dimension of democratic substance. Together with human rights and democracy, the rule of law is now upheld by liberal internationalists as a central pillar in the “virtuous trilogy” upon which a legitimate international order rests, while international security experts have come to see it as indispensable to ending civil wars, building durable peace, and fighting insurgencies, transnational crime, and terrorism. Against this background – of “a venerable part of Western political philosophy” having turned into “a rising imperative of the era of globalization,” as Carothers put it – existing mainstream legal discourses about the rule of law and its promotion abroad run the risk of being outpaced, even sidelined into relative obsolescence. The fact that intellectual and policy involvement with the notion of the rule of law are no longer the exclusive purview of lawyers need not be lamented; indeed, it is to be generally welcomed. Rather, this article argues, to be of genuine relevance to one of the foremost challenges the free world is facing and is likely to face for many decades to come – the challenge of fostering self-sustaining, well-governed free societies in parts of the world where these are absent or weak – lawyers must overcome three main “problems of scope” that presently afflict the rule of law literature and policy enterprise.
A significant number of countries worldwide are described as entering a phase of `post’-conflict transition. Drawing on the experience of the health sector, this paper argues that the nature of the rehabilitation task is often misunderstood. In particular, it is often equated with reconstruction of war-damaged infrastructure and assets. Such an approach derives from a misconception of the origins and nature of contemporary warfare. It also serves to reinforce a linear approach to the transition from relief to development. This paper attempts to redefine the rehabilitation task in situations of `post’-conflict transition, drawing on examples from Cambodia, Ethiopia and Uganda. It argues that the direct effects of military action on the social sector are less significant than the indirect effects of political, economic and social changes which both underlie and are precipitated by conflict. Therefore, rehabilitation needs to go beyond reconstruction and tackle the root causes of instability. Such a reinterpretation of the rehabilitation task raises a number of dilemmas, particularly for international actors concerned to contribute to a sustainable peace. These dilemmas are rooted in both the uncertainty about the legitimacy of incoming governments in transitional situations, and in the organisation of the aid system itself. The paper concludes that confronting these dilemmas implies a fundamental change in the orientation and delivery of aid in `post’-conflict situations.
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.
This article draws out the contradictions in the liberal peace that have become apparent in post-Taliban state-building in Afghanistan. In particular, it focuses on how warlords have been incorporated into the government. The government has been unable to achieve a monopoly of violence and has relied on the support of some powerful militia commanders to secure itself. This raises a number of practical and ethical questions for the liberal peace. The focus of the article is on warlordism, rather than in providing detailed narrative accounts of particular warlords. The case illustrates the difficulty of extending the liberal peace in the context of an ongoing insurgency.
Negotiating the right of return is a central issue in post-conflict societies aiming to resolve tensions between human rights issues and security concerns. Peace proposals often fail to carefully balance these tensions or to identify incentives and linkages that enable refugee return. To address this gap, the article puts forward an alternative arrangement in negotiating refugee rights currently being considered in the bilateral negotiations in Cyprus. Previous peace plans for the reunification of the island emphasized primarily Turkish Cypriot security and stipulated a maximum number of Greek Cypriot refugees eligible to return under future Turkish Cypriot administration. The authors’ alternative suggests a minimum threshold of Greek Cypriots refugees plus self-adjustable incentives for the Turkish Cypriot community to accept the rest. The article reviews different options including linking actual numbers of returnees with naturalizations for Turkish settlers or immigrants, Turkey’s EU-accession, and territorial re-adjustments across the federal border. In this proposed formula, the Greek Cypriot side would reserve concessions until refugee return takes place, while the Turkish Cypriot community would be demographically secure under all scenarios by means of re-adjustable naturalization and immigration quotas. Drawing parallels with comparable cases, the article emphasizes the importance of making reciprocity and linkages explicit in post-conflict societies.
This paper looks at how a certain understanding of states is affecting the types of activities emphasised in state-building agendas. It proposes an approach to understanding states and their roles, drawing on ideas of institutions and their rules as a means of mediating power, and applies this to a discussion of two state-building initiatives at the subnational level in Afghanistan. It shows how resistance to attempts to impose bureaucratic rules, coupled with the international community’s failure to understand the role of states in mediating power, has contributed to the failure to date of interventions to reform local government. This has directly affected reconstruction and stability in Afghanistan.
If the West loses in Afghanistan and its region, the most important reason will be that we are pursuing several different goals simultaneously, most of which are in contradiction to the others. Western governments need to choose between these goals, and co-ordinate a strategy in pursuit of the most desirable and achievable ones. The creation of a democratic Afghanistan needs to be recognised as a hopeless fantasy. Instead, the West should imitate the Soviet Union in the late 1980s and concentrate on creating an effective military force that can survive Western withdrawal and continue to fight the Taleban. In the meantime, something to be avoided at all costs is the further destabilisation of Pakistan, since Pakistan in the end constitutes a far greater potential threat to the region, the West and the world than does Afghanistan.
The victory by the Sri Lankan government over the LTTE in 2009?apparently ended over 25 years of civil war. However, the ramifications of the government’s counter-insurgency go far beyond Sri Lanka’s domestic politics. The military campaign against the LTTE poses a significant challenge to many of the liberal norms that inform contemporary models of international peace-building – the so-called ‘liberal peace’. This article suggests that Sri Lanka’s attempts to justify a shift from peaceful conflict resolution to counter-insurgency relied on three main factors: the flawed nature of the peace process, which highlighted wider concerns about the mechanisms and principles of international peace processes; the increased influence of Rising Powers, particularly China, in global governance mechanisms, and their impact on international norms related to conflict management; and the use by the government of a discourse of counter-terrorism and counter-insurgency to limit international censure. The article concludes that the Sri Lankan case may suggest a growing contestation of international peace-building norms, and the emergence of a legitimated ‘illiberal peace’.
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.
Many conflict-affected countries are among the most corrupt in the world, and corruption is frequently reported as a major concern of local populations and foreign aid agencies during transition to peace. Tackling corruption is part of liberal peacebuilding, which seeks to consolidate peace through democracy and free markets economy. Yet liberalization policies may also foster corruption. Using a preliminary analysis of selected corruption perception indicators, this article finds tenuous and divergent support for post-conflict patterns of corruption. Three main arguments linking liberal peacebuilding with higher levels of corruption are then presented for further elaboration, and a research agenda is outlined.
This essay concludes a study of how the international community has approached the security sector in six countries where there has been severe conflict leading to significant international engagement. Various factors are identified as being critical in shaping the outcome of (re)construction efforts, and they are evaluated from several perspectives. External actors have tended to take a limited and unbalanced approach to the security sector, focusing on building the efficiency of statutory security actors, and neglecting the development of managerial and governance capacity. While programmes tended to become more effective after the first major post-Cold War effort was undertaken in Haiti in 1994, the situation in Afghanistan may point to a reversal of this trend.
Increasing emphasis is being given to truth commissions in efforts to achieve transitional justice goals, including the establishment of a collective memory, democracy and reconciliation. Truth commissions alone cannot guarantee that these goals will be met, however. The authors of this article believe that the media also has a definitive impact on the process. Indeed, how the media portrays transitional justice mechanisms, such as truth commissions and trials, often determines how they are received in a postconflict society. Failure to take into account the importance of public opinion during transitional justice processes carries the risk of societal divisions being reinforced, which appears to have been the case in Peru. The authors argue that, for this reason, attention should be paid to establishing a constructive societal dialogue, which is often most possible through attention to the reform and support of the local media. Although a national dialogue may not always result in an agreed-upon collective memory, it is arguably a prerequisite. The media plays an important role in this endeavor and may ultimately encourage or hinder reconciliation and the recurrence of conflict.
In the literature on post-conflict reconstruction, the intervention in Iraq has been understood as an exception to, if not an aberration from, contemporary state-building. This article argues that whether Iraq is an exception to, or the epitome of post-conflict reconstruction depends on the genealogy one attributes to the latter. Denying that Iraq is an exemplary instance of contemporary reconstruction means neglecting the continuities of state-building from interwar trusteeship via Germany and Vietnam to the contemporary reproduction of the neoliberal model continuities which the example of Iraq exposes more clearly than prior cases. An outline of the genealogy of state-building and an analysis of Iraqi reconstruction both point to the reproduction of a hegemonic international order as the rationale of statebuilding now and then.
This article juxtaposes donors’ analyses of state failure and strategies of post-conflict statebuilding in Sierra Leone with actual processes of state-formation. It argues that international state-builders’ analytical and policy frameworks are built on stylized assumptions about how states form and operate influenced by ideas derived from neoclassical economics. They focus on individual decision-making and functionalist formal institutions and provide a-historical analyses that fail to comprehend long-term state-formation. Interveners need to broaden their conceptual toolbox by paying more attention to local power structures, informal institutions and historical path dependency. Such a deeper analysis would encourage reflection on whether and how social change can be influenced by external intervention and allow donors to evaluate their statebuilding activities more honestly. This would raise important questions about the mismatch between interveners’ ambitious goals and modest tools.
This article presents new data on the start and end dates and the means of termination for armed conflicts, 1946-2005. These data contribute to quantitative research on conflict resolution and recurrence in three important respects: the data cover both interstate and intrastate armed conflicts, the data cover low-intensity conflicts, and the data provide information on a broad range of termination outcomes. In order to disaggregate the UCDP-PRIO Armed Conflict dataset into multiple analytical units, this dataset introduces the concept of conflict episodes, defined as years of continuous use of armed force in a conflict. Using these data, general trends and patterns are presented, showing that conflicts do not exclusively end with decisive outcomes such as victory or peace agreement but more often under unclear circumstances where fighting simply ceases. This pattern is consistent across different types of conflict, as is the finding that victories are more common in conflicts with short duration. The article then examines some factors that have been found to predict civil war recurrence and explores whether using the new dataset produces similar results. This exercise offers a number of interesting new insights and finds that the determinants for civil war recurrence identified in previous research are sensitive to alternate formulations of conflict termination data. The findings suggest that intrastate conflicts are less likely to recur after government victories or after the deployment of peacekeepers. If the previous conflict is fought with rebels aiming for total control over government or if the belligerents mobilized along ethnic lines, the risk of recurrence increases. The discrepancy in findings with previous research indicates the need for further study of conflict resolution and recurrence, for which this dataset will be useful.
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.
Legitimacy is recognized as critical to the success of international administrations in their efforts to build and promote peace, stability and welfare in post-conflict territories. Nonetheless, scholarship on statebuilding is dominated by the managerial approach, which offers a top-down analysis of policies by international actors and their impact on local constituencies. With its focus on the grass roots, the individual and a multiplicity of concerns, a human security perspective on international administration can identify and address their legitimacy gap, resulting in strategies for more effective conflict resolution. The argument is illustrated by analysis of the Ahtisaari process and plan for Kosovo’s final status.
This essay explores the interdependence between statebuilding, narcotics and conflict through an analysis of interviews and a survey conducted, in the spring of 2005, in the Laghman and Nangarhar provinces of Afghanistan. Rural Afghanistan is characterized by weak conflict-processing mechanisms, combined with a high propensity towards the escalation of violence. State-sponsored institutions for conflict processing hardly exist, and donor attempts to prop up traditional institutions, such as the village shura, as a substitute for local government have failed to produce tangible results. Farmers widely acknowledge the benefits of opium as one of the few available cash crops. As a result, competition over scarce land and propensity for violence are affected indirectly by the drug economy. The study concludes with a criticism of current poppy eradication efforts. Under an informal eradication contract, provincial leaders are induced to comply with the request of the central government to reduce opium cultivation, in exchange for increased political autonomy and the promise of donor funds.
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.
After the Abu Ghraib abuse became public, Congress and the world decried the actions of the military police, resulting in the prosecution of several military personnel. The military police, however, had accomplices in the abuse. Private military contractors accounted for one-third of the abuses at Abu Ghraib. Yet, none of those private military contractors ever faced criminal prosecution for their role in the abuse. The lack of prosecution gave way to a mad scramble. Congress, lawyers, and law students introduced solutions on how to bring private military contractors to justice. Nonetheless, private military contractors continue to commit crimes without any criminal prosecution. This lack of prosecution came to light again after a September 16, 2007 incident in which contractors for Blackwater allegedly fired at innocent Iraqi civilians. The incident angered the Iraqi government and the House of Representatives went on yet another mad scramble to ensure that, in the future, private military contractors will face criminal prosecution. Part II of this article describes the impetus behind the initial mad scramble after Abu Ghraib. Part III analyzes the congressional solution that resulted from the initial mad scramble, the Military Extraterritorial Jurisdiction Act (“MEJA”). Part III also discusses reasons why MEJA will fail to withstand judicial scrutiny and argues that further congressional response will suffer the same fate. Part IV describes the other congressional solution, court-martial, and why it also fails as a viable solution. Part V analyzes the other proposed solutions to bring private military contractors to justice and describes why they will not work. Part VI discusses a proposed solution that addresses the shortcomings of current congressional approaches.
The DDR process that took place in Lebanon after the internal wars (1975-89), based on the Ta’if Accord (1989), was not co-ordinated by any international organisation. This paper assesses the reintegration of a number of combatants of one of the militias, the Lebanese Forces, placing particular emphasis on the context in which it unfolded. A programme of reintegration into the Lebanese Armed Forces (LAF) was proposed to the ex-combatants, but because of the high number on one side and because of the situation within the LAF itself (a pluri-religious organisation under reorganisation) this programme had little effect on the process. Instead the majority of the ex-combatants came to rely on their family and network established within the militia for their social and economic reintegration. This study finds that there has been little rupture between life as combatants and life as civilians. Three contextual factors were particularly important: the small size of the country, the rhythm of the war where periods of combat alternated with periods of calm, and the close contact combatants managed to keep with their family, work, schools and universities. A key lesson for DDR processes more generally stems from the study: DDR initiatives are likely to be most effective when they work alongside and augment indigenous positive social processes contributing to reintegration.
This paper argues that gender issues are becoming politicised in novel and counterproductive ways in contexts where armed interventions usher in new blueprints for governance and democratisation. Using illustrations from constitutional and electoral processes in Afghanistan and Iraq, it analyses how the nature of emerging political settlements in environments of high risk and insecurity may jeopardise stated international commitments to a women’s rights agenda. The disjuncture between stated aims and observed outcomes becomes particularly acute in contexts where security and the rule of law are severely compromised, where Islam becomes a stake in power struggles among contending factions and where ethnic/sectarian constituencies are locked in struggles of representation in defence of their collective rights.
In 2002 Afghanistan began to experience a violent insurgency as the Taliban and other groups conducted a sustained effort to overthrow the Afghan government. Why did an insurgency begin in Afghanistan? Answers to this question have important theoretical and policy implications. Conventional arguments, which focus on the role of grievance or greed, cannot explain the Afghan insurgency. Rather, a critical precondition was structural: the collapse of governance after the overthrow of the Taliban regime. The Afghan government was unable to provide basic services to the population; its security forces were too weak to establish law and order; and there were too few international forces to fill the gap. In addition, the primary motivation of insurgent leaders was ideological. Leaders of the Taliban, al-Qaida, and other insurgent groups wanted to overthrow the Afghan government and replace it with one grounded in an extremist interpretation of Sunni Islam.
This article calls for a re-examination of the justification, formulation and implementation of DDR programming in certain post-conflict environments. Qualitative fieldwork among ex-combatants in Monrovia, Liberia, suggests that the extent and form of DDR programming must be more sensitive to and predicated on context, accounting for conflict histories and current socioeconomic conditions and local institutional capacity. Moreover, in some post-conflict societies, a better use of international community resources may be to delink disarmament and demobilization from reintegration, focusing reintegration resources instead on open-access jobs programmes with discrete, complementary bilateral or multilateral programmes for particularly vulnerable groups.
Since 1989, international efforts to end protracted conflicts have included sustained investments in the disarmament, demobilization, and reintegration (DDR) of combatants. Yet while policy analysts have debated the factors that contribute to successful DDR programs and scholars have reasoned about the macro conditions that facilitate successful peace building, little is known about the factors that account for successful reintegration at the micro level. Using a new dataset of ex-combatants in Sierra Leone, this article analyzes the individual-level determinants of demobilization and reintegration. Past participation in an abusive military faction is the strongest predictor of difficulty in achieving social reintegration. On economic and political reintegration, we find that wealthier and more educated combatants face greater difficulties. Ideologues, men, and younger fighters are the most likely to retain strong ties to their factions. Most important, we find little evidence at the micro level that internationally funded programs facilitate demobilization and reintegration.
The need for an accurate understanding of the environment into which peace- and capacity-building missions are deployed cannot be overstated. Suppositions about the mission environment inform every facet of an intervention’s design and implementation, in addition to expectations surrounding success. Yet this critical element continues to be misunderstood by those most in need of an accurate grasp, a condition which severely undermines the war to peace transition. Rather than continuing to assume that recipient states are states in the Western sense of the term, we must instead focus our energies on how best to enable sustainable peace in the hybrid political orders which do in fact constitute these troubled places. After setting out the largely unrecognised characteristics of recipient societies, the article explores alternative forms of assistance with promise to complement such realities.
Under what conditions do democracies emerge and consolidate? Recent theories suggest that inequality is among the leading determinants of both democratization and consolidation. By contrast, this article argues that inequality harms consolidation but has no net effect on democratization. The author shows that the existing theories that link inequality to democratization suffer from serious limitations: (1) they are useful only for understanding transitions from below and thus do not apply to many other transitions (that is, those from above); (2) even for democratization from below, their predictions are unlikely to hold, since inequality actually has two opposite effects; and (3) they ignore collective action problems, which reduces their explanatory power. However, these objections do not affect the relationship between inequality and consolidation. In particular, while inequality has two opposite effects on the probability of transition to democracy, it unambiguously increases the probability of transition away from democracy. This article conducts the most comprehensive empirical test to date of the relationship between inequality and democracy. It finds no support for the main democratization theories. Contrary to what they predict, estimation suggests neither a monotonic negative nor an inverted U-shaped relationship. Yet inequality increases the probability of backsliding from democracy to dictatorship.
This article examines the links between peace operations and combating transnational organized crime. It argues that while UN Security Council mandates direct UN missions to support establishing the rule of law in states that host peace operations, their role in addressing organized crime is more implicit than explicit. This article notes, however, that UN panels of experts, small fact-finding teams appointed to monitor targeted sanctions, may offer insight into, and options for addressing, such criminal networks. Panel findings and recommendations, however, are not integrated with related UN efforts to build the rule of law. This lack of integration reflects a need, on the part of the UN and its member states, to address better the ability of peace operations, UN panels of experts, and other tools for peacebuilding to contribute more effectively to fighting spoiler networks and organized crime.
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.
What are the causes of electoral violence? And how does electoral violence influence conflict resolution and democracy? This article argues for a conceptualization of electoral violence as a specific sub-category of political violence, determined mainly by its timing and target. The enabling conditions and triggering factors can be identified in three main areas: 1) the nature of politics in conflict societies, 2) the nature of competitive elections, and 3) the incentives created by the electoral institutions. These clusters of factors are important for understanding electoral violence both between different societies and across elections in a specific country.
Previous research concerning the relationship between conflict and public health finds that countries emerging from war face greater challenges in ensuring the well-being of their populations in comparison with states that have enjoyed political stability. This study seeks to extend this insight by considering how different civil war conflict strategies influence post-conflict public health. Drawing a distinction between deaths attributable to battle and those fatalities resulting from genocide/politicide, we find that the magnitude of genocide/politicide proves the more effective and consistent predictor of future rates of disability and death in the aftermath of civil war. The implications of this research are twofold. First, it lends support to an emerging literature suggesting that important distinctions exist between the forms of violence occurring during civil war. Second, of particular interest to policymakers, it identifies post-civil war states that have experienced the highest rates of genocide/politicide as the countries most in need of assistance in the aftermath of conflict.
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.
Studies of peacekeeping have helped to reveal the complexities, dilemmas and challenges of operations since their inception, and almost certainly into the future. Yet, despite the empirical and theoretical breadth of this canon, the field continues to be dominated by political science, development studies, international law and military studies, whose scholars tend to draw on problem-solving, macro-level and positivist perspectives in their writings. The impact of post-structural and post-positivist epistemologies developed in sociology, human geography and cultural studies remain marginal in the field. Given this, the present article seeks to complement and develop the study of peacekeeping through its framing of blue-helmet activity as embodied, spatial-security practice that is performed ‘out front’ for the beneficiary audience. In so doing we draw on critical geopolitics, military/human geography and sociological theorizing with a focus on space and performance. Our main aim is to show how the concepts of space and performance can be used to illuminate perceptions of everyday security by recourse to a modest, illustrative empirical component based on fieldwork in Haiti, Kosovo and Liberia.
Peacebuilding is a contested concept which gains meaning as it is practised. While academic and policy-relevant elaboration of the concept is of interest to international experts, interpretations of peacebuilding in the Central Asian arena may depart immensely from those envisaged within the western-dominated ‘international community’. This article opens up the dimensions and contingent possibilities of “peacebuilding” through an investigation of two alternative approaches found in the context of Tajikistan. It makes the critique that peacebuilding represents one contextually grounded basic discourse. In the case of Central Asia, and in particular post-conflict Tajikistan, at least two other basic discourses have been adopted by parties to the post-Soviet setting: elite “mirostroitelstvo” (Russian: peacebuilding) and popular ‘tinji’ (Tajik: wellness/peacefulness). Based largely on fieldwork conducted in Tajikistan between 2003 and 2005, the argument here is that none of these three discourses is merely an artificial or cynical construct but that each has a certain symbolic and normative value. Consequently, a singular definition of Tajik ‘peacebuilding’ proves elusive as practices adapt to the relationships between multiple discourses and identities in context. The article concludes that ‘peacebuilding’ is a complex and intersubjective process of change entailing the legitimation of new relationships of power.
The role of UN peacekeeping missions has expanded beyond the traditional tasks of peacekeeping to include a wide range of political, economic, and humanitarian activities. While such expansion indicates an improved understanding of the complexities and challenges of post-conflict contexts, it also raises questions about whether UN peacekeeping missions are equipped to handle peacebuilding tasks. Evidence from a study of the peacekeeping mission in Sierra Leone suggests they are not. This article argues that peacekeeping missions are a poor choice for peacebuilding given their limited mandates, capacity, leverage, resources and duration. Peacekeepers should focus on peacekeeping, by which they can lay the foundation for peacebuilding. Peacebuilding should be the primary task of national governments and their populations.
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.
Issues surrounding legitimacy and the role of civil society are at the forefront of contemporary global governance debates. Examining the United Nations Transitional Administration in East Timor (UNTAET) and focusing on the specific issue areas of justice and gender, this article evaluates the effectiveness and accountability of the administration from the perspective of East Timorese civil society, whose voice is largely absent from previous analyses. Drawing on the archive of the prominent civil society group La’o Hamutuk, this study adds precision and nuance to an area of research characterized by broad-stroke assessments of the legitimacy of multinational interventions. It finds variations in the levels of overall legitimacy exhibited by particular issue areas and differences in terms of the configuration of accountability and effectiveness enjoyed by UNTAET. Although sounding a cautionary note about the degree of civil society influence in global governance, the study concludes that La’o Hamutuk nevertheless provided a more diffuse sense of discursive voice and accountability than would otherwise have been accorded the East Timorese during this crucial period in their history.
Kosovo’s declaration of independence from Serbia was followed by sporadic violence on the ground, and sharply divided the international community. Russia, China, India and a majority of the world’s nations opposed what was characterised as ethnic separatism. The United States and much of the European Union supported Kosovo’s independence as the last step in the non-consensual break-up of the former Yugoslavia. UN Secretary-General Ban Ki-moon sought to defuse the crisis with a package of measures including the drawdown of the UN mission that had administered Kosovo since 1999, Security Council support for the deployment of a European Union rule-of-law mission, and a status-neutral framework within which recognising and non-recognising countries could cooperate while Kosovo’s transition continued. Almost three years later, Kosovo’s new institutions have progressed significantly; Serbia is governed by moderates focused on that country’s European future, and the international military and civil presences are being reduced.
Mozambique, an aid darling, poses some stark questions for development co-operation. Current economic management strategies mean that a growing group of young people are leaving school with a basic education but no economic prospects. Will marginal youth in towns and cities pose a threat of political and criminal violence? Can peace be built on poverty and rising inequality? Are elections and expanded schooling enough when there are no jobs?
State failure is often seen as due to endogenous factors, rather than systemic ones; correspondingly, the idea that states can be built by supporting internal processes and institutions alone is prevalent in policy documents and in some of the literature on state-building. This paper calls both assumptions into question. I demonstrate that three factors were important external preconditions of historical state formation: (1) effective states and sustainable regional security, which is expressed on an inter-state as well as a sub-state level, requires a region-wide creation of effective structures of state; (2) effective states and effective inter-state security require well-functioning states systems; (3) effective states require regional acceptance of the process of state-building. Analysing three contemporary countries and regions, Somalia/the Horn of Africa, Afghanistan/Central Asia and Namibia/ south-western Africa, the article concludes that state-building is substantially facilitated where these three contextual factors are in place. The absence of these external factors in the regions where Afghanistan and Somalia are located illuminate the depth of the problems facing these countries. In these cases regional structures are preconditions of state-building.
This article argues that the main issue regarding the use of private military contractors (PMCs) is that of accountability. It begins by exploring the status of mercenaries in international law, as reflected in various conventions, protocols, and state practice. It maintains that contrary to popular belief, the use of PMCs or mercenaries–no matter how defined–is not a violation of international law. However, their use has serious political implications at both the domestic and state levels because it obfuscates the issue of ultimate responsibility.
Scholars and policymakers have turned increasing attention to questions of transitional justice, those legal responses to a former regime’s repressive acts following a change in political systems. Although there is a rich, interdisciplinary literature that addresses the value of various transitional justice measures, theoretical arguments for how and under what conditions we should expect to see these measures implemented tend to gravitate to intuitively appealing relative power considerations. But attempts at parsimony have tended to leave the dependent variable either overly restrictive or poorly defined, yielding theories that are difficult to test. In this article, the author proposes a “transitional justice spectrum” based on a hierarchical series of possible accountability mechanisms and designed to allow researchers to conduct more rigorous, cross-national tests of justice arguments. The objective here is not to posit a broad theory of transitional justice, but to open the debate into a methodological weakness in the transitional justice literature. The article includes seven accountability mechanisms: cessation and codification of human rights violations; condemnation of the old system; rehabilitation and compensation for victims; creation of a truth commission; purging human rights abusers from public function; criminal prosecution of executors (those lower on the chain-of-command); criminal prosecution of commanders (those higher on the chain-of-command).
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.
The international community is eagerly promoting the concept of the rule of law in post-conflict states such as Timor-Leste in the belief that it will lead to political and social stability. To attract international legitimacy, Timorese leaders are also keen to be seen to be invoking the rule of law although the manner in which they understand and use the concept often diverges from dominant Western understandings. The concept of the rule of law assumes that the state enjoys a monopoly of law. This article examines the resonance of the rule of law at the local level in Timor-Leste in light of the fact that customary law is the type of law with which people are likely to have first and frequent contact as the state has little reach beyond the capital. It concludes by recommending that all actors promoting the rule of law in post-conflict states need to equip themselves with a strong understanding of how the population engages with legal norms in order to effectively promote the rule of law.
This article focuses on the role of international aid donors in Afghanistan since the signing of the Bonn Agreement in 2001. Specifically, it explores the scope and utility of peace conditionalities as an instrument for peace consolidation in the context of a fragile war-to-peace transition. Geo-strategic and institutional concerns have generally led to an unconditional approach to assistance by international actors. It is argued that large inflows of unconditional aid risk re-creating the structural conditions that led to the outbreak of conflict. Aid conditionalities need to be re-conceptualized as aid-for-peace bargains rather than as bribes for security. Some forms of conditionality are necessary in order to rebuild the social contract in Afghanistan. This finding has wider relevance for aid donors and they should reconsider orthodox development models in â€˜fragile stateâ€™ settings. Rather than seeing conditionalities and ownership as two ends of a policy spectrum, the former may be a necessary instrument for achieving the latter.
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.
Internationally, there is a current rising demand for police to participate in complex peace operations. Achieving multilateral â€˜integrated missionsâ€™ has become a key objective for these operations. One of the key requirements for such operations is interoperability between police drawn from different countries. Australia has had police serve in multilateral and other kinds of missions in Timor-Leste since 1999. In this article, we draw on interviews with 64 Australian police officers who participated in different missions in Timor-Leste. Integrating the insights from cultural analysis, the paper explores the specific challenges of bringing together police from different nations to work effectively within these operations.
In this paper we begin by defining and examining the concept of police building. Its historical precedents and contemporary forms are briefly reviewed, showing a variety of motives and agendas for this kind of institution building. We argue that police building has been a relatively neglected dimension of nation- and state-building exercises, despite its importance to functions of pacification and restoration of law and order. The emerging literature on international police reform and capacity building tends to adopt a narrow institutionalist and universalistic approach that does not take sufficient account of the politics of police building. This politics is multilayered and varies from the formal to the informal. Using two case studies focusing on events in 2006 in Timor-Leste and Solomon Islands, the reasons for the fragility of many current police-building projects are considered. In both cases, we argue, police capacity builders paid insufficient attention to the political architecture and milieu of public safety.
This article draws attention to the shortcomings of civilian peacebuilding, which donors, aid agencies and NGOs have adopted in their policies and projects in recent years. It argues that government-sponsored peacebuilding propagates a conception according to which peace can be achieved by bureaucratic means. Although peacebuilding is committed to what peace research considers positive peace, its discourses and practices tend to depoliticise peace. Hence, peacebuilding represents a top-down variant of liberal peace, the meanings, substance and causal beliefs of which are taken for granted and less and less debated among practitioners and policy-makers. Reviewing a growing body of literature that takes a critical stance towards peacebuilding, this article identifies some of the conceptual and ethical problems shared by contemporary peacebuilding activities. It calls upon policy-makers and peace researchers to pay more attention to the prescriptive and instrumentalist logic of peacebuilding and encourages academics to rejuvenate a critical peace research tradition that offers alternative and more participatory approaches to peace.
Why do interstate interventions, even when carried out with the best of intentions, so often fail to contain conflicts and support a peaceful settlement? We argue that the extent of local participation exerts a strong effect on the prospects for successful peace-building and reconstruction efforts in the wake of humanitarian interventions. Even though the population in target countries may sympathize with the goal of the intervention, local populations are unlikely to feel a personal attachment to a solution externally imposed unless actively consulted or involved in the intervention strategy. Humanitarian interventions without some form of local participation are likely to create cognitive dissonance among the local population between the outcome and the means chosen to implement it. We evaluate our hypotheses about the relationship between local involvement and successful post-conflict reconstruction by looking at variation in conflict and local involvement over time in two humanitarian interventions, Bosnia (1991-95) and Somalia (1987-97). Consistent with our hypotheses about how lack of local involvement can undermine post-conflict reconstruction efforts in the wake of interventions, we find that phases with more local involvement are associated with lower levels of conflict.
Previous studies have suggested that societies where women have higher social and economic status and greater political representation are less likely to become involved in conflict. In this article, the author argues that the prospects for successful post-conflict peacebuilding under the auspices of the United Nations (UN) are generally better in societies where women have greater levels of empowerment. Women’s status in a society reflects the existence of multiple social networks and domestic capacity not captured by purely economic measures of development such as GDP per capita. In societies where women have relatively higher status, women have more opportunities to express a voice in the peacemaking process and to elicit broader domestic participation in externally led peacekeeping operations. This higher level of participation in turn implies that UN Peacekeeping operations can tap into great social capital and have better prospects for success. An empirical analysis of post-conflict cases with a high risk of conflict recurrence shows that UN peacekeeping operations have been significantly more effective in societies in which women have relatively higher status. By contrast, UN peacekeeping operations in countries where women have comparatively lower social status are much less likely to succeed.
The South African Truth and Reconciliation Commission (TRC) is undoubtedly the most widely discussed truth and reconciliation process in the world, and by many accounts, the TRC is among the most effective any country has yet produced. What is the explanation for its success? This article has two objectives. First, it seeks to identify the characteristics of South Africa’s truth and reconciliation process that contributed to its performance. Second, it then asks whether the truth and reconciliation process is itself endogenous. Thus, the ultimate objective is to assess whether truth and reconciliation processes can have an independent influence on reconciliation and especially on the likelihood of consolidating an attempted democratic transition. The conclusion of this article is that the truth and reconciliation process in South Africa did indeed exert independent influence on the democratization process through its contributions toward creating a more reconciled society.
The past two decades have witnessed the proliferation of comprehensive international missions of peacebuilding and reconstruction, aimed not simply at bringing conflict to an end but also at preventing its recurrence. Recent missions, ranging from relatively modest involvement to highly complex international administrations, have generated a debate about the rights and duties of international actors to reconstruct postconflict states. In view of the recent growth of such missions, and the serious challenges and crises that have plagued them, we seek in this article to address some of the gaps in the current literature and engage in a critical analysis of the moral purposes and dilemmas of reconstruction. More specifically, we construct a map for understanding and evaluating the different ethical imperatives advanced by those who attempt to rebuild war-torn societies. In our view, such a mapping exercise is a necessary step in any attempt to build a normative defence of postconflict reconstruction. The article proceeds in two stages: first, we present the various rationales for reconstruction offered by international actors, and systematize these into four different “logics”; second, we evaluate the implications and normative dilemmas generated by each logic.
This essay examines Sierra Leone’s security sector reform (SSR) programme in the context of a post-war recovery agenda with strong international involvement. It discusses the background and priorities as well as the successes and failures of the programme in the areas of armed forces restructuring; disarmament, demobilization and reintegration; police reform; parliamentary oversight; justice sector reform and intelligence and national security policy coordination. It concludes that an ongoing SSR programme in the country should be owned and driven by Sierra Leoneans with support from the international community, and that SSR should go beyond the restructuring of formal security institutions and retraining their personnel, and also work to strengthen the oversight capacities of parliament, the judiciary and civil society groups.
One of the most important psychological barriers to conflict resolution is the rigid structure of the sociopsychological repertoire that evolves in societies immersed in intractable conflict. This article examines ways to overcome the rigidity of this repertoire in the context of the Israeli-Palestinian conflict. Specifically, in line with the prospect theory, the authors assumed that elicitation of beliefs about losses stemming from the continuing conflict may bring about a process of unfreezing. To test this assumption, an exploratory study with a national sample of the Israeli-Jewish population and two subsequent experimental studies were conducted. The results demonstrated that exposure to information about losses inherent in continuing the conflict induces higher willingness to acquire new information about possible solutions to the conflict, higher willingness to reevaluate current positions about it, and more support for compromises than the exposure to neutral information or to information about possible gains derived from the peace agreement.
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.
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.
After a brief introduction, this contribution comprises a tabular inventory of the 69 UN peace missions since the end of the Cold War. It highlights the structural features of each mission, the background to crisis and the mission’s contributions to security, socio-economic well-being, governance, justice and reconciliation.
International actors involved in transitional post-conflict situations often focus their attention on the reconstruction of a state’s political apparatus. Even where control of natural resources is central to the conflict, there tends to be less consideration of resource governance issues in transitional periods. This article examines one particular aspect of resource governance – the negotiation and signing of foreign investment contracts – in the context of post-conflict, pre-election Liberia. The investment contract process was mishandled by the transitional Liberian government. Although local interests resisted external oversight, international actors could and should have done more, in the interest of all Liberians, to proffer contract negotiation expertise and to prevent the transitional government from locking the state into unsatisfactory deals on major resource assets. International actors did address the contract issue and external oversight of economic governance more generally during Liberia’s formal transitional period, but ultimately their interventions amounted to too little and they came too late.
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.
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.
On September 16, 2007, a team of security contractors from Blackwater Worldwide shot dead seventeen Iraqi civilians while escorting American diplomats through central Baghdad. The fallout was swift and farreaching. Iraq demanded that Blackwater cease operating in the country. Its parliament introduced legislation to revoke the blanket immunity granted to contractors in the early days of the war by the American administrators who governed Iraq. Within a week, family members of the victims had filed a lawsuit in U.S. court, the FBI had launched an investigation and warned of criminal charges, and the House Government Reform Committee had issued a withering report on security contractors’ transgressions. Soon after the United States invaded Iraq in 2003, military commanders, academics, and Iraqi officials have warned of insufficient oversight and accountability for the private contractors operating there. Deployed in unprecedented numbers, contractors have been implicated in a range of alleged crimes and human rights violations. So far, however, not a single contractor has been successfully prosecuted for violence perpetrated in Iraq. Furthermore, no contractor or company has been held liable for torts committed there. Attempts at self-regulation by the industry have also proven ineffective. Recent months have seen wide-ranging attempts to bring accountability to the industry. This recent development will explain these efforts, which include legislative initiatives, criminal charges against individual contractors, and attempts by private litigants to secure judgments for money damages. Because of the enormous body of literature on the topic of private military contractors, the analysis will focus narrowly on the issue raised by the September shootings–the various punishments and remedies available under both civilian and military law for harms done by American contractors to Iraqi civilians.
This article analyses the role that the illicit narcotics economy has played in violent conflict in Afghanistan since the 1990s and the relationship between counter-narcotics and counter-insurgency policy in the country today. It details the evolution of the peacekeeping mission vis-a?-vis the narcotics economy, and the effects to date of the counter-narcotics policies that have been adopted since 2001. It argues that aggressive opium poppy eradication in Afghanistan today is premature and counterproductive with respect to counter-insurgency and stability objectives, as well as with respect to long-term economic development goals. The article concludes by providing policy recommendations on the role of peacekeeping forces with respect to illicit economies, arguing that the most important role peacekeeping forces have in tackling crime and reducing illicit economies is to provide security.
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.
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.
This article explores community-based restorative justice projects run by political exprisoners and former combatants in Northern Ireland, initiatives which are dealing with everyday crime and conflict in local communities in a period of transition. It is argued that restorative justice can act as a facilitator, both for individuals within the community and between communities and the state, when violence-supporting norms are expected to be replaced by nonviolent approaches to conflict and its resolution. The article also argues for a greater role for criminological approaches to crime, punishment and justice within transitions, recognising the strengths of criminology to address underlying causes of continued violence in postconflict settings. In particular, this article investigates attempts by these initiatives to build bridges between historically estranged communities and the police, and argues for the possibility of restorative justice becoming a catalyst for transformative justice during times of rapid social change.
This article discusses the attempts at state-building by international actors in the Democratic Republic of Congo (DRC). It uses this experience to discuss some of the obstacles and dilemmas facing external state-builders. I argue that attempts at state-building by foreign actors in the DRC have not had much success, and point out four reasons. First, insufficient resources have been provided. Second, donors have used a standardized approach that does not take local context sufficiently into account. Third, domestic power relations have been such that state-building has not served the interests of key actors. Finally, the policy has been based on a fixed, non-negotiable conception of what the state eventually should look like. Although all these factors have contributed to the failure to create a liberal state in the DRC, the last two appear to be more fundamental than the first and the second.
While transitional justice scholarship has begun to recognize that engaging with the economic forces driving particular conflicts is a crucial part of dealing with the legacy of those conflicts, the international community has been slow to implement mechanisms to address those forces in any meaningful way in postconflict societies. One notable exception, however, has been the section of the internationalized state court in Bosnia and Herzegovina dedicated to prosecuting the most serious cases of organized crime, economic crime and corruption. Although generally overlooked by the transitional justice community, the model it established for a hybrid tribunal targeting systemic economic crimes is ideal for tackling many of the forces that contribute to continued instability in Bosnia and other post-conflict societies. Through the framework of recent scholarship on the political economy of conflict, this Note first identifies several economic structures that have promoted and facilitated conflict in Bosnia, including pervasive corruption and an extensive shadow economy tied to organized crime. The Note then explains how the internationalized court was designed to effectively target those phenomena in the post-combat economy. Finally, the Note argues that international involvement in prosecuting economic crimes can be justified under international law where narrowly tailored to address the systemic crimes underpinning conflict.
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.
This paper attempts to account for the gap between donor policies in support of SSR in developing countries, in particular in post-conflict African states, and their record of implementation. It explores the inadequacies of the present development cooperation regime and argues that a substantial part of this gap can be explained by the tension that exists between the prevalence of a state-centric policy framework on the one hand, and the increasing role played by non-state actors, such as armed militia, private security and military companies, vigilante groups, and multinational corporations on the other hand, in the security sector. This paper, which acknowledges the growing importance of regional actors and questions the state-centric nature of SSR, recommends a paradigmatic shift in the current approaches to development cooperation. The external origin and orientation of SSR needs to be supplemented by more local ownership at the various levels of SSR conceptualisation, design, implementation, monitoring, and evaluation in order to enhance synergy between donor priorities and interests on the one hand, and local needs and priorities on the other hand.
This paper assesses the main elements of SSR process in Sierra Leone, against its historical background as well as the imperatives of a responsive and responsible security sector. The reform of the security sector in Sierra Leone has enhanced the restoration of public safety in the country, and the positive features of the process relate to the inclusion of SSR as the first pillar of the country’s poverty reduction strategy, and the emphasis of SSR on the decentralisation of the security apparatus. Significant gaps however remain. Donor dependency and the ‘youth question’ are continuing challenges. Arguably, the most significant deficiency is the fact that the security sector has not been adequately embedded in a democratic governance framework. There is an absence of functional oversight mechanisms, and a failure to involve other actors beyond the executive arm of government in the governance of the security sector. The paper cautions that SSR can be successful only as part of an overarching democratic post conflict reconstruction framework
As the rising death toll among humanitarian aid workers suggests, saving strangers has become a dangerous occupation. In addressing the consequences of this increase, this article begins by placing the development-security nexus in its historical context. While it has long been associated with liberalism, two factors distinguish this nexus today: first, the global outlawing of spontaneous or undocumented migration; second, the shift in the focus of security from states to the people living within them. Reflecting these moves, policy discourse now conceives development and underdevelopment biopolitically – that is, in terms of how life is to be supported and maintained, and how people are expected to live, rather than according to economic and state-based models. The household and communal self-reliance that forms the basis of this biopolitics, however, has long been in crisis. Since the end of the Cold War, the destabilizing forms of global circulation associated with this emergency have been reconstituted as threats to the critical infrastructures that support mass consumer society. A new security terrain now links the crisis of adaptive self-reliance with risks to critical infrastructure within a single framework of strategic calculation. Rather than ameliorating the generic life-chance divide between the global north and south, the development-security nexus is entrenching it.
The rule of law is more than a legal concept. It encompasses more than an established set of rules and legal institutions. In the case of Liberia, there can be no rule of law without the commitment of those relatively few people who administer those rules on behalf of a post-conflict state that has endured twenty-five years of civil war and exploitation. This Essay seeks to prove that existing legal architecture and institutions in a post-conflict state matter less to the rule of law than does the character of the people who run the legal system. The Essay does not suggest that legal rules are, or should be, subordinate to personality in the orderly functioning of a postconflict society. However, it concludes that emphasis on creating new laws to address the perceived causes of state failure will ultimately accomplish little if the judges and lawyers who operate the legal system are not genuinely committed to the rule of law. This argument is developed by outlining, in very broad terms, the pre-conflict Liberian legal system and how it failed to serve as a meaningful bulwark against warlord predators. Then, the Essay focuses on a particular case, decided by Liberia’s Supreme Court on August 23, 2007, involving Liberia’s former head of state, Charles Gyude Bryant, who served as chairman of the National Transitional Government of Liberia (NTGL) from October 2003 until the inauguration of Liberia’s current President, Ellen Johnson-Sirleaf, on January 16, 2006. The Bryant case provides an example of how the presidential immunity provision in Liberia’s Constitution was invoked in an attempt to trump the rule of law with the rule of impunity, and how the Supreme Court of Liberia’s judgment offers hope for a better day in Liberia’s legal future, notwithstanding the divided opinion of the Court.
This essay proffers the proposition that a banking system is more than background noise. A banking system functions as the heart and lifeblood of any functioning economy. A banking system is the key to economic growth and development. It is essential to unlocking wealth, creating opportunities, providing jobs, and facilitating commerce. It provides a mechanism for individuals and businesses to participate in the global economy. Importantly, banks, when they do their jobs correctly, allow their customers to have a vested interest in a strong and stable society. However, one no more builds a nation by establishing a banking system than one builds a nation by writing a constitution. A banking system is important in part because of the elements required to make it function: a legal system that respects contracts and agreements, honoring the rights of both debtors and creditors; an independent central bank; a judiciary that follows the rule of law; and a government that understands the importance of strong, healthy banks and provides sound supervision and a legal framework within which they can operate. Only then can the banking system accomplish its primary roles-that of providing a safe haven for the funds of the public and a means to devote those funds in productive loans to build the economy. A healthy banking system, then, not only helps build a nation for what it does, it helps build a nation for what it requires.
Local perceptions of aid in crisis contexts is an under-researched area. This article, which is based on extensive interviewing of affected individuals and communities in Afghanistan, sets out key issues affecting the provision of international assistance and in particular analyses the ‘perceptions gap’ between outsiders and local communities and its implications for the aid community. Humanitarian action is seen by local people as part of a ‘northern enterprise.’ Even if the universalist values of the enterprise do not clash with local views of the world, the baggage, modus operandi, technique and personal behaviour of aid workers often do. Suggestions on how this gap could be addressed are also put forward.
This article compares Britain’s failed attempt at building a stable, liberal state in Iraq from 1914 to 1932 with the USA’s struggle to stabilise the country after regime change in April 2003. It sets out a template for endogenous state-building based on the evolution of the European state system. It then compares this to exogenous extra-European state-building after both World War I and the Cold War. It focuses on three key stages: the imposition of order, the move from coercive to administrative capacity and finally the evolution of a collective civic identity linked to the state. It is this process against which Iraqi state-building by the British in the 1920s and by the USA from 2003 onwards can be accurately judged to have failed. For both the British and American occupations, troop numbers were one of the central problems undermining the stability of Iraq. British colonial officials never had the resources to transform the despotic power deployed by the state into sustainable infrastructural capacity. Instead they relied on hakumat al tayarra (government by aircraft). The dependence upon air power led to the neglect of other state institutions, stunting the growth of infrastructural power and hence state legitimacy. The US occupation has never managed to impose despotic power, having failed to obtain a monopoly over the collective deployment of violence. Instead it has relied on ‘indigenisation,’ the hurried creation of a new Iraqi army. The result has been the security vacuum that dominates the south and centre of the country. The article concludes by suggesting that unsuccessful military occupations usually end after a change of government in the intervening country. This was the case for the British in May 1929 and may well be the case for the USA after the next presidential election in 2008.
This article describes the slow and uneven movement towards a more professional approach to nation-building. The post-cold war era is replete with instances where the United States found itself burdened by the challenges of nation-building in the wake of a successful military operation. American performance in the conduct of such missions improved slowly through the 1990s, but this trend was not sustained into the decade beginning in 2000. The article outlines what a more professional approach to peacebuilding would require, highlighting a hierarchy of tasks that flow in the following order: security, humanitarian relief, governance, economic stabilization, democratization and development.
Preparation for nation-building requires that responsible political leaders consult both with regional and functional experts, those who know why the society in question descended into conflict and those who know from experience elsewhere how to put such societies back together. Goals must be established which transcend the most immediate and normally negative purposes of the inter vention, e.g. halting conflict, stopping genocide or turning back aggression. These positive goals must be commensurate with the scale of military manpower and economic assistance likely to be committed. The larger the social transformation envisaged, the greater the resistance likely to be encountered. The most common cause for the failure of nation-building endeavours is a mismatch between objectives and commitments.
Negotiated civil war terminations differ from their interstate war counterparts in that one side must disarm and cease to exist as a fighting entity. While termination through military victory provides a relatively more enduring peace, many civil wars end with peace agreements signed after negotiations. However, research has shown that the implementation of civil war peace agreements is difficult and prone to collapse. Often these failures are followed by recurrence of the conflict. In some cases, the agreements break down before key provisions are implemented. This article adds to this topic by focusing on the role of state capacity in peace agreement success. We argue that peace agreements and state capacity are necessary but not sufficient conditions for sustainable peace. The article employs a case study approach to explore the importance of state capacity in implementing civil war peace agreements. The role of third-party interventions is also considered. The cases (United Kingdom-Northern Ireland, Indonesia-Aceh, Burundi, Mali, and Somalia) include 14 peace agreements that vary by war type (secessionist or control over government), type of agreement (comprehensive or partial), levels of state capacity (high or low), and peace success (success, partial or failure), and each experienced third-party involvement in the peace process.
This article examines the role of development co-operation in the 1991-2001 civil war in Sierra Leone. British military intervention, sanctions against Liberia for supporting the rebellion and the deployment of UN peacekeepers were key, albeit belated, initiatives that helped resolve the conflict. The lessons are that, first, domestic forces alone may be incapable of resolving large-scale violent conflicts in Africa. Second, conflict tends to spread from one country to another, calling for strong regional conflict resolution mechanisms and deeper regional integration to promote peace. Third, donor policies need to address the root causes of state fragility, especially the political and security dimensions, which they tend to ignore. Fourth, a critical analysis is required to determine circumstances in which elections could undermine peace: the conduct of donor-supported elections under an unpopular military government in Sierra Leone culminated in an escalation of the conflict. Finally, a united international community is crucial to resolve a complex conflict and it should be accompanied by strong and timely measures informed by a full understanding of local conditions.
Efforts to bring peace and reconstruction to the Central African region have been fashioned by contemporary conflict resolution models that have a standard formula of peace negotiations, with a trajectory of ceasefire agreements, transitional governments, demilitarization, constitutional reform and ending with democratic elections. Local dynamics and the historical and multifaceted nature of the conflicts are rarely addressed. Furthermore, participants in the peace process are restricted to representatives of political parties, the state and rebel movements, to the exclusion of civil society. Using as examples the conflicts and peace processes in three Great Lakes countries-Rwanda, Burundi and the Democratic Republic of Congo-the paper contends that contemporary global frameworks for peacemaking and peace building that rest on the acceptance of neoliberal political and economic models cannot lay the foundations for the conditions necessary for sustainable peace. This necessitates the utilisation of a more inclusive concept of peace, the starting point of which has to be the emancipation of African humanity.
Although many different analyses in some ways acknowledge the relevance of labour markets to the political economy of violent conflict and of war to peace transitions, there has been little sustained or systematic exploration of this dimension of war economies and post-conflict reconstruction. This paper highlights the empirical and analytical gaps and suggests that a framework departing from the assumptions of the liberal interpretation of war allows for a richer analysis of labour market issues and policies. This is illustrated by the history of rural Mozambique through the war economy and into the first post-war decade.
In Timor-Leste the fight against Indonesian occupation, social conservatism, the persistence of ethnic and cultural mores and the prioritisation of caste and adat have shaped gender relations in both public and private life. In the early struggle for power after independence women fought long and hard for recognition as important political actors and concomitantly the implementation of a policy of affirmative action to ensure their place in the new National Parliament-a battle initially sidelined and defeated by primarily international political androcentricity. Recent achievements of almost 30 per cent representation of women in the National Parliament demonstrate that women have come a long way in a very short time. Nevertheless, the problems of regional political and socio-economic incorporation have impeded the establishment of a full and complete citizenship for women. This paper considers how the politics of culture and traditional mores in a post-conflict situation can determine and shape the political struggle for gender equity both within and across the different generations of Timorese men and women.
This conclusion reviews the Special Issue’s perspective on organized crime as both potential ‘enemy’ and ‘ally’ of peace processes. The social and economic power wielded by organized crime is highlighted, pointing to the role that peace operations play as an intervening variable between individuals/communities and the environments in which they operate. Peace operations use a range of tactics, from coercion to co-option, working with or against organized crime. However, these tactics will only be successful if they are framed within a coherent strategy, which may pursue either containment or transformation- or seek to combine them- through a phased transitional strategy. Peace operations should be a key component in a broad strategy of intelligent international law enforcement.
Peace operations are increasingly on the front line in the international community’s fight against organized crime. In venues as diverse as Afghanistan, the Balkans, Haiti, Iraq and West Africa, multiple international interventions have struggled with a variety of protection rackets, corruption and trafficking in a wide range of licit and illicit commodities: guns, drugs, oil, cars, diamonds, timber – and human beings. This introduction to the Special Issue on peace operations and organized crime discusses the concept of ‘organized crime’ as a label, and suggests ways of differentiating organized crime groups on the basis of their social governance roles, resources and strategies towards authority structures – such as peace operations.
This article draws lessons from the experiences of international involvement in Haiti from 1990 to the present day. It argues that if the model of liberal, responsible government championed by the international community is to provide a resolution to the ongoing violence and instability in Haiti, then Haitian society will first have to be wooed away from coercive ‘protection’ by local and transnational organized crime. However, it argues that peace operations as they are currently conceived and deployed are ill-equipped for this task, given their limited territorial ambit and traditional focus on military response rather than political economy. However, the article concludes that experiences in Haiti may also offer lessons about how peace operations could win ‘protection competitions’ by serving as the leading edge of a unified international strategy for the transformation of local political economies.
This article, which is grounded in qualitative interview data, takes as its starting point the contention that war crimes tribunals can aid reconciliation, and more specifically the claim made by the International Criminal Tribunal for the former Yugoslavia (ICTY) that its work is contributing to reconciliation in the region. Focusing on Bosnia and Hercegovina (BiH), the first question that it seeks to answer is not whether the ICTY has positively impacted on reconciliation, but rather the more immediate question of whether reconciliation actually exists in BiH. Defining reconciliation as the restoration and repair of relationships and as the acknowledgement of war crimes and responsibility, it argues that there is no reconciliation in present-day BiH. There is only negative peace an absence of conflict. The second crucial question that this article explores, therefore, is whether and how this negative peace can be developed into positive peace characterized by reconciliation. Emphasizing two critical obstacles to any reconciliation process in BiH, namely insufficient contact between interethnic groups and the existence of denial and competing truths, it identifies three important measures to address these. These are the abolition of the divisive ‘two schools under one roof’ education system, the replacement of the Dayton Peace Accords (DPA) with a constitutional structure that encourages interethnic contact rather than separation, and the creation of a truth and reconciliation commission (TRC). On the issue of whether the ICTY can itself contribute to reconciliation in BiH, the article concludes that while retributive justice is an important mechanism in postconflict societies, the difficulties and challenges that the ICTY faces in BiH underscore the limitations of criminal trials and the imperative of a multifaceted approach to reconciliation combining different transitional justice elements.
Local peace initiatives have been introduced in post-conflict settings in aid of statebuilding processes. However, contradictions in such efforts that undermine the state become apparent in a development context when government institutions are, generally, functioning. Peacebuilding initiatives in the arid lands of Kenya are a good example of this. While they have proved successful in resolving conflicts at the local level, they challenge the state structure in three ways. First, some of their features run counter to the official laws of Kenya and jeopardize the separation of powers. Second, they pose a dilemma, since their success and legitimacy are based on grassroots leadership and local concepts of justice. Both can be at odds with democratic decision-making, inclusiveness and gender equity. Third, they provide yet another tool for abuse by politicians and other local leaders. This reveals a dilemma: aspects of peacebuilding can actually undermine a statebuilding endeavour.
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.
This article seeks to draw out an understanding of the role of narratives and discourses of race, culture and civil society within international peacebuilding, through the location of the discourse of culture as a transitional stage between interventionist and regulatory discourses of race and civil society. It particularly seeks to highlight that the discourse of culture is key to understanding the peacebuilding discourses of intervention and regulation that have developed in the last decade. This is all the more important as the discourse of culture has in many respects been displaced by the discourse of civil society. In drawing out the links between the framings of race, culture and civil society, the article seeks to explain how the discourse of civil society intervention has been reinvented on the basis of the moral divide established and made coherent through the discourse of culture, and how the discourse of civil society contains a strong apologetic content, capable of legitimizing and explaining the persistence of social and economic problems or political fragmentation while simultaneously offering potential policy programmes on the basis of highly ambitious goals of social transformation.
Although the case-based literature suggests that kin groups are prominent in ethnonationalist conflicts, quantitative studies of civil war onset have both overaggregated and underaggregated the role of ethnicity, by looking at civil war at the country level instead of among specific groups and by treating individual countries as closed units, ignoring groups’ transnational links. In this article the authors integrate transnational links into a dyadic perspective on conflict between marginalized ethnic groups and governments. They argue that transnational links can increase the risk of conflict as transnational kin support can facilitate insurgencies and are difficult for governments to target or deter. The empirical analysis, using new geocoded data on ethnic groups on a transnational basis, indicates that the risk of conflict is high when large, excluded ethnic groups have transnational kin in neighboring countries, and it provides strong support for the authors’ propositions on the importance of transnational ties in ethnonationalist conflict.
This Article considers the role of crime in transitional states. I draw on three case studies, two from Latin America (Brazil and El Salvador), and one from sub-Saharan Africa (South Africa). It first briefly considers the similarity in focus of transitional justice approaches to police and criminal justice reform, invoking acculturation theory to explain the replication of a dominant, backward-looking script across different transitional states. Next, it considers the frequent inability of police and the criminal justice system to cope adequately with rising crime using these replicated scripts and the consequences of this failure for the defense of human rights, the rule of law, and the stability of new democracies. The Article assesses the particular dynamics of these processes for each of the three country case studies. Throughout the Article, I seek to demonstrate that it is crucial to address deficiencies in domestic criminal justice systems precisely during periods of transition and that criminal justice solutions should be developed at this time-to the extent possible-in an objective and comprehensive fashion, rather than in ways that seek to respond to problems of the pre-transitional state. In this way, I suggest, transitional justice can progress beyond existing, backward-looking frameworks to build nations capable of addressing the challenges they will face as they move forward.
The concept of security is the driver for peacebuilding and development, as well as social and political change in post-conflict countries. A review and analysis of three key government documents indicates that, in Sierra Leone, securitisation discourse is embedded in both the political economy discourse of the state and in the popular imagination. The Security Sector Review equates security and peace while the country’s Poverty Reduction Strategy Paper sees security as a driver for change. The 2006 Work Plan of the Ministry of Agriculture, Forestry and Food Security illustrates the extent to which the work of ministries is security-based. Sierra Leone’s political economy of post-conflict peacebuilding favours macro-economic security that is to trickle down into social and political peace. Discourse analysis shows that, framed within security parameters, post-conflict peacebuilding is meant to have an effect of ‘trickle-down peace’ that in effect constrains transformation with the potential for facilitating conditions for a return to conflict.
After almost three decades of civil war, post-conflict reconstruction is progressing quickly in Angola. The country has become a huge construction site. China in particular has played an important role in stimulating this building boom. Its private and state-owned firms are constructing schools, hospitals, low-cost housing and basic infrastructure, such as roads, bridges and railway networks. Development through infrastructure has worked in China, but will the boom have the desired effect in Angola where human and institutional capacity is so weak? Schools without teachers, or hospitals unable to operate, would not answer the public need.
The UN has developed a series of internal ‘integration reforms’ that aim to increase its capacity to integrate its post-conflict efforts through a single coherent strategy, and ultimately to support sustainable war-to-peace transitions. This article argues that these reforms could be redesigned to take into account the causes of the (dis)integration, incoherence and complexity of UN post-conflict interventions, to make them more comprehensive and more realistic. While some degree of both strategic coherence and operational integration may be necessary to improve the effectiveness of UN post-conflict interventions, these are inadequate without an increased conflict-sensitivity in each UN entity involved in post-conflict interventions. For the whole to be greater than the sum of the parts, the parts must make a significant contribution to the whole.
Scholars and practitioners of international relations have devoted increasing attention to how cease-fires, once achieved, may be translated into sustained peace. In recent years, the United Nations, the World Bank, and the United States and other governments have revamped their institutional architecture for addressing post-conflict reconstruction and peacebuilding. The creation in 2006 of a UN Peacebuilding Commission exemplifies these changes. The relationship between weak states and the durability of peace has acquired new emphasis in IR research. This article analyzes recent conceptual developments in post-conflict peacebuilding, relating them to new thinking about fragile states. It then analyzes the international architecture for addressing post-conflict peacebuilding, identifying gaps, and analyzing likely policy challenges in the near future. We argue that despite important analytic insights and institutional changes, serious challenges persist in efforts to prevent wars from recurring.
What explains electoral stability and change in competitive authoritarian regimes? This article addresses the question by comparing eleven elections that took place between 1998 and 2008 in competitive authoritarian regimes countries located in the postcommunist region. Using interviews conducted with participants in all of these elections and other types of data and constructing a research design that allowed the authors to match these two sets of elections on a number of important dimensions, they assess two groups of hypotheses;those that highlight institutional, structural, and historical aspects of regime and opposition strength on the eve of these elections and others that highlight characteristics of the elections themselves. The authors conclude that the key difference was whether the opposition adopted a tool kit of novel and sophisticated electoral strategies that made them more popular and effective challengers to the regime.
We tend to ascribe all the problems of a nation to an “evil-doer,” – an oppressive regime, inadequate leadership, etc. – and there is an expectation, the “Beowulf Syndrome,” that all the problems of a nation will be solved once the “evil-doer” is overthrown. However, as the author states, “one souvenir of the former regime that may not be so easy to expunge-the debt obligations incurred by the prior government in the name of the state.” This article discusses the burden that debt, incurred by a dictator or oppressive regime, has on the citizenry of post-conflict states, and the subsequent challenges of nation-building.
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.
Countries need active, equitable and profitable private sectors if they are to graduate from conflict and from post-conflict aid-dependency. However, in the immediate aftermath of war, both domestic and international investment tends to be slower than might be hoped. Moreover, there are complex inter-linkages between economic development and conflict: in the worst case private sector activity may exacerbate the risks of conflict rather than alleviating them. This paper calls for a nuanced view of the many different kinds of private sector actor, including their approaches to risk, the ways that they interact and their various contributions to economic recovery. Policy-makers need to understand how different kinds of companies assess risk and opportunity. At the same time, business leaders should take a broader view of risk. Rather than focusing solely on commercial risks and external threats such as terrorism, they also need to take greater account of their own impacts on host societies. Meanwhile, all parties require a hard sense of realism. Skilful economic initiatives can support-but not replace-the political process.
This article analyzes the effects of household-level activity choices on farm household welfare in a developing country affected by mass violent armed conflict. The study uses household survey data from postwar Nampula and Cabo Delgado provinces in Northern Mozambique capturing many activity choices, including market participation, risk and activity diversification, cotton adoption, and social exchange, as well as income-and consumption-based measures of welfare. The study advances the literature on postwar coping and rural poverty at the micro level by estimating potentially endogenous activity choices and welfare outcomes using instrumental variables. The study finds that increasing the cultivated area and on-farm activities enhances postwar welfare of smallholders exploiting wartime survival techniques. Subsistence farming reduces income but does not affect consumption, while market participation has positive welfare effects. This suggests that postwar reconstruction policies should encourage the wartime crop mix but offer enhanced marketing opportunities for such crops. Cotton adoption, which was promoted by aid agencies in the postwar period, reduces household welfare per capita by between 16% and 31%, controlling for market access. This contradicts previous studies of postwar rural development that did not control for the war-related endogeneity. Hence, addressing the potential endogeneity of activity choices is important because the standard regression approach may lead to biased estimates of the impact of activity choice on welfare, which in turn may lead to biased policy advice. The article discusses and contextualizes these findings, concluding with a discussion of suitable pro-poor reconstruction policies for national governments and donors.
Lord’s Resistance Army (LRA) rebels have been fighting in northern Uganda for the past two decades in conflict which has devastated the region. The group is notorious for abducting children and young people. Over 20,000 have been taken since the war began and turned into soldiers and rebel “wives”. This is the context of Uganda’s informal disarmament, demobilisation and reintegration (DDR) programme. Rather than being an organised process set up to help consolidate peace at the end of war, it has largely been a necessary response to a flow of escaping former abductees, taking place within an on-going conflict. In 2006, the government of South Sudan began mediating peace talks between the LRA and the Ugandan government. Although the talks have yet to deliver, they have focused attention on managing an end to the conflict, including a formal programme of DDR to deal with those rebels remaining in the bush. Based on primary research- undertaken in Gulu, Kitgum, Kira and Apac Districts of northern Uganda in August and September 2005 and March 2006- this paper lays out the problems that have marred earlier attempts to reintegrate former LRA combatants- and looks at the challenges that lie ahead.
Peacebuilding supports the emergence of stable political community in states and regions struggling with a legacy of violent conflict. This then raises the question of what political community might mean in the state in question. International peacebuilding operations have answered that question in terms of the promotion of conventional state-building along the lines of the Western Organization for Economic Cooperation and Development (OECD) model as the best path out of post-conflict state fragility and towards sustainable development and peace. This article argues for peacebuilding beyond notions of the liberal peace and constructions of the liberal state. Rather than thinking in terms of fragile states, it might be theoretically and practically more fruitful to think in terms of hybrid political orders, drawing on the resilience embedded in the communal life of societies within so-called fragile regions of the global South. This re-conceptualization opens new options for peacebuilding and for state formation as building political community.
The security situation in Liberia is currently quite good, and at a glance the peacebuilding process seems to be moving ahead. However, the root causes of the conflict have not been adequately addressed, but have in fact become more interlinked in the aftermath of the civil war. Instead of addressing local perceptions of insecurity the international community made plans for Liberia without considering the context in which reforms were to be implemented. The peace in post-conflict Liberia is therefore still fragile and the international presence is regarded as what secures the peace. Still, the UN is supposed to start its full withdrawal in 2010, indicating that the international community will leave the country without addressing the root causes of conflict.
Since the end of the Liberian civil war in August 2003 the international community has been “making plans” for Liberia. However, it rarely questioned whether these plans were in accordance with the political and economic logic of the peace agreement and the subsequent transitional government. The consequence was that corruption continued and a much more intrusive economic management plan was established. The Governance and Economic Management Assistance Programme is supposed to combat corruption and facilitate good governance, but it also limits the range of policy options for the new democratically elected government of Ellen Johnson-Sirleaf. The irony is that the best and most legitimate government that Liberia has ever had is subject to stronger external control than any of its predecessors. The probability that this scheme will remain sustainable when donor interest shifts elsewhere is low, and what is needed is a more pragmatic approach that draws a wider segment of Liberian society into anti-corruption management and creates checks and balances between them.
With the proliferation of the U.S. military’s reliance on contractors as a means of supplementing – and not just supplying – the troops on the ground, serious questions have arisen with respect to the legal regime governing the contractors’ conduct. The legal regime that governs those contractors is at best unclear, given the contractors generally fall outside the auspcies of the Uniform Code of Military Justice. My focus is on the accountability of the U.S. government for the actions of their private contractors. In Part II, I discuss the necessity and importantce of a civil right of action in these cases. Part III will examine the era of privatization and rise of the private contractor in the War on Terror. Part IV demonstrates the lack of accountability for U.S.-directed contractor abuse under current law. Finally, in Part V, I examine mechanism for minding the liability gap between the rights of the abused and the liability of those ultimately responsible.
The “international community” is not the only actor engaged in statebuilding processes; contemporaneously with external intervention, at national and local levels of non-Western societies other actors are also engaged in struggles to establish their own visions of a state. The results are ambiguous: the states built tend to be hybrid, combining formal modern state facades with informal ways of functioning. This essay introduces the Special Issue by outlining the importance of the analysis of the dynamics of state-formation: the deformation that statebuilding undergoes in the process of its implementation. This framework can provide new insights into the limits of statebuilding by highlighting how the negotiation processes accompanying any attempt at statebuilding are shaped to a great extent by non-Western states’ and societies’ specific embeddedness in global structures. These states are currently subject to deepening dynamics of internationalization and informalization which, despite a growing formal convergence of state institutions with Western models, structurally limit the probabilities of ensuing liberal-democratic state-formation.
Contemporary Afghan politics is marked by a debate over the “mujahideen.” This contest involves the mythologizing, demythologizing and appropriation of the term by a wide variety of actors, from warlords, tribal combatants, the Taliban and Anti-Coalition Forces to rights activists and journalists. This struggle is a competition for legitimacy over the “right to rule” and the “right to conduct violence”; and it is critical to understanding the dilemmas of statebuilding in Afghanistan. Through such an examination, policy lessons are acquired concerning the role of the Afghan government and members of the international community in confronting armed groups.
This article explores the relationship between security sector reform (SSR) and democratic transition in post-conflict contexts, drawing on Kosovo as a case. The study focuses in particular on the justice sector in Kosovo, reviewing the ways in which security, the rule of law and democracy have been intertwined. The article first outlines the context of the international mission in Kosovo, before proceeding to consider how the objectives, needs and constraints of different actors have influenced the reform of the security institutions and the democratization process. Thereafter, it discusses the concepts of SSR and democratic transition, briefly reviewing the UN discourse and record in SSR-related activities. Finally, it explores the interplay of these factors in the Kosovo justice sector reform process. The main finding stemming from this analysis is that not only do SSR and democratization agendas interfere with each other, but measures adopted to cope with security challenges related to the post-conflict context can also affect them both. Furthermore, this finding demonstrates that a welldeveloped UN theoretical discourse is still not matched by the reality of UN practices in the field.
The new environment for peacebuilding is defined by new approaches to aid, a redefinition of the private sector to include hybrid forms of state and market activity, a new balance of emphasis between corporate social responsibility activities on the part of private-sector actors and the foundational importance of robust legal and regulatory frameworks, a structural boom in demand for natural resources, and the opportunity to have essential small and medium-sized private-sector activity catalysed by macro-finance investment in natural-resources sectors. It presents new risks as well as new opportunities and requires, above all, a new compact between the international donor community and governments in countries experiencing or emerging from conflict that seek to trade their way to sustainable development.
In recent years, senior UN officials have raised concerns about the decline of Western contributions to UN peace operations. Although this is a worrying trend for supporters of the UN, it does not mean that the West is playing a smaller role in peace operations per se. Instead, the West has increased its contribution to `hybrid’ peace operations and missions that take place outside of the UN system. This article examines the West’s contribution to both UN and non-UN peace operations since the Brahimi Report and assesses whether its contribution has markedly changed and what impact any changes have had on international peace and security. It proceeds in three sections. The first provides a historical overview of the West’s ambivalent relationship with UN peace operations since 1948. The second analyses the West’s contribution to UN, hybrid and non-UN peace operations. The final section explores what Western policies mean for international peace and security by assessing their impact on the UN’s authority, the extent to which they save lives and their contribution to building stable peace. The article concludes that while in the short term the West’s willingness to participate in hybrid operations displays a commitment to finding pragmatic solutions to some difficult problems, over the longer term this approach may weaken the UN’s ability to maintain international peace and security.
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.
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.
Afghanistan’s restoration of the rule of law has set in motion a renewed debate about fundamental legal principles that has not been seen in the West since the time of the Enlightenment: Who is justice for? Who has the right to seek compensation or justice? Does the state or the individual have priority in seeking justice and delivering punishment? Is law a human creation or is it rooted in divine authority? But it is a debate without an audience in the international community that is assisting the Afghan government in restoring its judicial system because the answer appears so self-evident. Those from societies with long established systems of formal justice automatically assume that it is an ultimate good, that surely everybody wants justice applied by the state. The Afghans who run the formal system assert the same. But they have not won over the population by any means since people, particularly in rural areas, are still fighting out this issue politically and culturally: Is state authority a good idea? Who should set the terms of agreement? Who should determine the rights and the wrongs? This is because so many areas of Afghanistan have operated without (or outside of) formal government institutions for a very long time; not just because of war, but because that is the way things have always been. For example, the assumption that the state has exclusive sovereignty over criminal matters is not fully accepted by most of the Afghan population. Here the family still takes precedence, reserving the right to take revenge or demand compensation when one of its members has suffered an injury. Such injuries extend beyond physical damages to property or person and include damages to a group’s honor that demand retaliation. While Afghan governments formally reject such claims of personal justice, they have never been able to extend the formal system to most of rural Afghanistan; the people there never relied on state institutions and often took offense when the state interfered in what they viewed to be personal matters.
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.”
Post-conflict governments and donors prioritize rebuilding the justice sector through state delivered rule of law and access to justice programmes. Misunderstanding the nature of the post-colonial state, such programmes make questionable assumptions. First, that a lack of access to state justice is the same as an overall absence of justice. Second, that the state system that is being built is what people want. Third, that the state system of justice that is being built could provide a sustainable nationwide network in the foreseeable future. Based on interviews conducted with policy designers, practitioners, local people and chiefs at three sites in southern Sudan 2007, this article calls for a rethinking of donor-supported justice and police development and advocates an approach that recognizes the importance of local justice.
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.
This article examines policing in Sierra Leone four years after the civil war. It evaluates the achievements in the area of policing against the major policing challenges in African post-conflict societies. These are recruitment and (re)training of a civilian force; establishing an organizational culture that is accountable and responsive to citizen concerns; organizational rebuilding and re-equipment; utilizing the resources of commercial and community organized policing; and establishing a sustainable basis. The research finds that for all the positive achievements, the fact remains that the government of Sierra Leone still does not exert effective control over, nor is it able to deliver state policing services to, significant parts of its own territory. The 7,000 active police officers are too small in number and too limited in resources to provide all Sierra Leone’s citizens with a service that protects them from crime and investigates crime. Its fundamental weaknesses mean that post-conflict internal security programmes may have to look again at others who currently authorize and provide policing. It may be that some community led policing groups can be harnessed and if necessary reformed to assist the police in establishing the rule of law.
This article examines the double standards associated with a precarious international peacebuilding strategy in Afghanistan based on impunity and half-truths rather than accountability and transitional justice. Many international organizations have turned a blind eye to past and current human rights atrocities through forms of rationalization based on an empowerment of cultural differences, relativization of progress and “policy reductionism.” Consequently, and in the absence of consistently applied rights instruments, societal divisions along gender, ethnic and other lines have intensified Afghanistan’s culture of intolerance to human rights, thereby violating the very principles the international community purports to uphold. Drawing on first-hand experiences, personal interviews and a sober analysis of trends, this article challenges some of the conventional assumptions held about the perception and knowledge of human rights among Afghans. It concludes by identifying possible areas of future study to better understand both the prospects for transitional justice and how ordinary Afghans continue to cope with widespread injustice and inequality.
Why do international peacebuilders fail to address the local causes of peace process failures? The existing explanations of peacebuilding failures, which focus on constraints and vested interests, do not explain the international neglect of local conflict. In this article, I show how discursive frames shape international intervention and preclude international action on local violence. Drawing on more than 330 interviews, multi-sited ethnography, and document analysis, I develop a case study of the Democratic Republic of Congo’s transition from war to peace and democracy (2003-2006) I demonstrate that local agendas played a decisive role in sustaining local, national, and regional violence. However, a postconflict peacebuilding frame shaped the international understanding of violence and intervention in such a way that local conflict resolution appeared irrelevant and illegitimate. This frame included four key elements: international actors labeled the Congo a “postconflict” situation; they believed that violence there was innate and therefore acceptable even in peacetime; they conceptualized international intervention as exclusively concerned with the national and international realms; and they saw holding elections, as opposed to local conflict resolution, as a workable, appropriate, and effective tool for state- and peacebuilding. This frame authorized and justified specific practices and policies while precluding others, notably local conflict resolution, ultimately dooming the peacebuilding efforts. In conclusion, I contend that analyzing discursive frames is a fruitful approach to the puzzle of international peacebuilding failures beyond the Congo.
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.
The interesting theoretical question about civil war in general is not why it begins (the possible reasons are surely too many to enumerate) or why it stops (all sorts of contingent explanations from simple fatigue to outside force may apply) but why it so often does not resume when it might. We need to comprehend this process of conflict transformation, whereby the conflict either becomes less important or is pursued without using mass violence. Understandably, most analyses and prescriptions for peacemakers focus on relationships between former enemies and attempts to reduce incentives for them to take up arms again. However, a recent analysis of four negotiated settlements of civil wars (Sudan in 1972, Zimbabwe in 1980, Chad in 1987, and Lebanon in 1989) reveals that in all four cases the critical conflict was actually between former allies. The compromises required in negotiated settlements, combined with the other problems of post-civil war societies, make such conflicts likely. In some cases they led to violence; in Zimbabwe and Lebanon conflict again reached the level of civil war. However, the ironic results was that the countries that had experienced the most violence subsequently produced new settlements which essentially confirmed the original ones and appear to be holding. In Sudan, interallied violence was quite low, but the result was that the government changed its policy, the first settlement was undermined, and the original civil war began again. Outsiders should not assume either that wartime cooperation will continue in peace or that `normal’ peacetime behavior will naturally appear of its own accord. Indeed, they should probably anticipate that ad hoc wartime alliances are likely to dissolve with the risk of renewed civil violence.
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.
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.
In the contemporary global context, transitions from conflict to peace and from authoritarian to democratic governance are a critical preoccupation of many states. In these contexts, accountability for the abuses committed by prior regimes has been a priority for international institutions, states, and new governments. Nonetheless, transitional justice goals have expanded to include a broad range of structural reforms in multiple spheres. Whether an expanded or contracted transitional justice paradigm is used to define the perimeters of change, gender concerns have been markedly absent across jurisdictions experiencing transformation. This article examines the conceptualization of and legal provision for gender security and its subsequent effects upon accountability in times of transition, with particular reference to post-conflict societies. The article closely assesses a range of contemporary issues implicated for women including an examination of post-conflict security from a gender perspective, gender and disarmament, and the centrality and effect of security sector reform for women. The article pays particular attention to the under-theorized and under-researched role of international masculinities, and the patriarchy that is imported with international oversight of transitional societies.
The illicit business side of armed conflict can involve clandestine exports to fund combatants, reselling looted goods on the black market, smuggling weapons and other supplies, sanctions evasion and embargo busting, theft and diversion of humanitarian aid, and covert ‘trading with the enemy’. How does such illicit business affect peace operations in conflict zones, and how do such peace operations, in turn, affect illicit business? This article provides a preliminary answer in the case of the 1992-95 war in Bosnia-Herzegovina. Instead of reinforcing the common tendency simply to ignore or condemn the illicit business side of conflict and its relationship to peace operations, it stresses the more ambiguous and double-edged nature of the issue. Peace operations in Bosnia contributed to illicit business activities, but in some respects illicit business also contributed to a number of peace operation goals, including helping to sustain the civilian population and even bringing an end to the conflict. The end result was actually more of a symbiotic rather than exclusively predatory relationship between peace operations and illicit business activities.
The increased sophistication of peacekeeping missions has inevitably expanded the roles of all actors in the field particularly the military who have to play law enforcement functions, in addition to their traditional role, until civilian police are deployed. This essay discusses the consequences of the military role as law enforcers in conflict situations. The author proposes the concept of Formed Police Units (FPUs) to close the security gap that arises in these cases.
Providing adequate protection, antiterrorism (AT) training and, if necessary, personnel recovery for civilian contractors deployed to support U.S. military operations presents significant legal and policy challenges that both the military and civilian contractor companies have yet to fully appreciate, let alone properly institutionalize. In tandem with identifying the legal and policy considerations associated with these issues, this article will also address the matter of civil liability to the parent contracting company should it fail to provide adequate protection, or appropriate AT training, or both, to their civilian employees serving overseas in hostile environments. Due to federally imposed personnel limitations for the armed forces and the need for specialized skills in the modern high-tech military, hundreds of activities once performed by the military are now privatized and outsourced to thousands of civilian contractors. One of the consequences of the global War on Terror is that American and coalition contractors–particularly in Iraq and Afghanistan –are increasingly subjected to kidnappings, torture, and murder by terrorists, criminal elements, and other insurgency forces. Therefore, it is imperative that issues of force protection, AT training, and personnel recovery be fully delineated and the related legal contours be more clearly defined.