Waking the Arabs

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.

Referendum, Response and Consequences for Sudan. The Game between Juba and Khartoum

To examine the relationship between patient satisfaction and doctor performance, the authors observed 2,271 interactions between 292 doctors and their patients in this paper presents a game theory model of the strategic interaction between Khartoum and Juba leading up to the referendum on Sudan’s partition in 2011. The findings show that excessive militarization and brinksmanship is a rational response for both actors, neither of which can credibly commit to lower levels of military spending under the current status quo. This militarization is often at the expense of health and education expenditures, suggesting that the opportunity cost of militarization is foregone economic development. These credibility issues might be resolved by democratization, increased transparency, reduction of information asymmetries, and efforts to promote economic and political cooperation. The paper explores these devices, demonstrating how they can contribute to Pareto preferred outcomes in equilibrium. The authors characterize the military expenditure associated with the commitment problem experienced by both sides, estimate its costs from data for Sudan, and identify the opportunity cost of foregone development implied by continued, excessive, and unsustainable militarization.

Postconflict Transitions: An Overview

In the two to five years immediately following end of conflicts, UN peacekeeping operations have succeeded in maintaining peace, while income and consumption growth rates have been higher than normal and recovery on key education and health indicators has been possible. Aid also has been super-effective in promoting recovery, not only by financing physical infrastructure but also by helping in the monetary reconstruction of postconflict economies. However, sustaining these short-term gains was met with two difficult challenges. First, long-term sustainability of peace and growth hinges primarily on the ability of postconflict societies to develop institutions for the delivery of public goods, which, in turn, depends on the capacity of post-conflict elites to overcome an entrenched culture of political fragmentation and form stable national coalitions, beyond their immediate ethnic or regional power bases. Second, after catch-up growth runs its course, high levels of aid could lead to overvalued real currencies, at a time when growth requires a competitive exchange rate and economic diversification. Successful peace-building would, therefore, require that these political and economic imperatives of postconflict transitions be accounted for in the design of UN peacekeeping operations as well as the aid regime.

Security Sector Reform and Transitional Justice in Kosovo: Comparing the Kosovo Security Force and Police Reform Processes

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.

Reconstructing Iraq’s economy

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.

Greed and Grievance in Civil War

May 2000 Of the 27 major armed conflicts that occurred in 1999, all but two took place within national boundaries. As an impediment to development, internal rebellion especially hurts the world’s poorest countries. What motivates civil wars? Greed or grievance? Collier and Hoeffler compare two contrasting motivations for rebellion: greed and grievance. Most rebellions are ostensibly in pursuit of a cause, supported by a narrative of grievance. But since grievance assuagement through rebellion is a public good that a government will not supply, economists predict such rebellions would be rare. Empirically, many rebellions appear to be linked to the capture of resources (such as diamonds in Angola and Sierra Leone, drugs in Colombia, and timber in Cambodia). Collier and Hoeffler set up a simple rational choice model of greed-rebellion and contrast its predictions with those of a simple grievance model. Some countries return to conflict repeatedly. Are they conflict-prone or is there a feedback effect whereby conflict generates grievance, which in turn generates further conflict? The authors show why such a feedback effect might be present in both greed-motivated and grievance rebellions. The authors’ results contrast with conventional beliefs about the causes of conflict. A stylized version of conventional beliefs would be that grievance begets conflict, which begets grievance, which begets further conflict. With such a model, the only point at which to intervene is to reduce the level of objective grievance. Collier and Hoeffler’s model suggests that what actually happens is that opportunities for predation (controlling primary commodity exports) cause conflict and the grievances this generates induce dias-poras to finance further conflict. The point of policy intervention here is to reduce the absolute and relative attraction of primary commodity predation and to reduce the ability of diasporas to fund rebel movements. This paper – a product of the Development Research Group – is part of a larger effort in the group to study civil war and criminal violence

Justice Versus Peace in Northern Kenya

The conflicting relationship between peace and justice is frequently debated in the field of transitional justice. The obligation to prosecute serious crimes can contradict the measures necessary to reestablish peace among society. The predicament gives rise to a similar, though less obvious, challenge in many developing countries, where the formal justice system can be at odds with conflict management initiatives. Often, due to their inaccessibility or
incompatibility with local socio-cultural norms, official justice institutions in developing countries do not fully penetrate the whole of society. In response, conflict management and peacebuilding initiatives have proven to be more flexible and responsive to socio-political realities. While such initiatives may be more efficient in reestablishing the peace between communities in conflict, they may contradict the official law. Current policy efforts and practices in the arid lands of Kenya illustrate this dilemma. Official justice institutions have proven too weak or ill-suited to prevent or resolve conflicts between local communities. To address the prevailing tensions, local ad hoc peace initiatives have developed, which operate on the basis of local norms and include local stakeholders. Given their relative success, some high level state agents have embraced the initiatives. The Office of the President is currently drafting a national policy framework on conflict management and peacebuilding, which is in part based on the experiences in the arid lands. Such a policy framework will ultimately have to deal with a similar dilemma known from the field of
transitional justice: a decision between the establishment of peace and the application of formal justice may be required.

World Development Report 2011 : Conflict, Security, and Development

The 2011 World development report looks across disciplines and experiences drawn from around the world to offer some ideas and practical recommendations on how to move beyond conflict and fragility and secure development. The key messages are important for all countries-low, middle, and high income-as well as for regional and global institutions: first, institutional legitimacy is the key to stability. When state institutions do not adequately protect citizens, guard against corruption, or provide access to justice; when markets do not provide job opportunities; or when communities have lost social cohesion-the likelihood of violent conflict increases. Second, investing in citizen security, justice, and jobs is essential to reducing violence. But there are major structural gaps in our collective capabilities to support these areas. Third, confronting this challenge effectively means that institutions need to change. International agencies and partners from other countries must adapt procedures so they can respond with agility and speed, a longer-term perspective, and greater staying power. Fourth, need to adopt a layered approach. Some problems can be addressed at the country level, but others need to be addressed at a regional level, such as developing markets that integrate insecure areas and pooling resources for building capacity Fifth, in adopting these approaches, need to be aware that the global landscape is changing. Regional institutions and middle income countries are playing a larger role. This means should pay more attention to south-south and south-north exchanges, and to the recent transition experiences of middle income countries.

Iraq: Back to the Future

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?

Origins and Persistence of State-Sponsored Militias: Path Dependent Processes in Third World Military Development

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.

Structural Causes, Development Co-operation and Conflict Prevention in Burundi and Rwanda

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.

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

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

Securing the Peace: The Durable Settlement of Civil War

Timely and pathbreaking, Securing the Peace is the first book to explore the complete spectrum of civil war terminations, including negotiated settlements, military victories by governments and rebels, and stalemates and ceasefires. Examining the outcomes of all civil war terminations since 1940, Monica Toft develops a general theory of postwar stability, showing how third-party guarantees may not be the best option. She demonstrates that thorough security-sector reform plays a critical role in establishing peace over the long term. Much of the thinking in this area has centered on third parties presiding over the maintenance of negotiated settlements, but the problem with this focus is that fewer than a quarter of recent civil wars have ended this way. Furthermore, these settlements have been precarious, often resulting in a recurrence of war. Toft finds that military victory, especially victory by rebels, lends itself to a more durable peace. She argues for the importance of the security sector–the police and military–and explains that victories are more stable when governments can maintain order. Toft presents statistical evaluations and in-depth case studies that include El Salvador, Sudan, and Uganda to reveal that where the security sector remains robust, stability and democracy are likely to follow. An original and thoughtful reassessment of civil war terminations, Securing the Peace will interest all those concerned about resolving our world’s most pressing conflicts.

Strategic Approaches to Reintegration: Lessons Learned from Liberia

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.

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

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

National Reconciliation After Civil War: The Case of Greece

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.

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

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

Corruption and Government

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

A Post-liberal Peace: Eirenism and the Everyday

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

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

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

A Framework for the Analysis of Post-conflict Situations: Liberia and Mozambique Reconsidered

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.

An Ethic of Political Reconciliation

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.

Peacebuilding and Corruption

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

Police in Peace and Stability Operations: Evolving US Policy and Practice

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.

Mediation, Political Engagement, and 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.

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

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

National Conferences in Transitional Periods: The Case of Iraq

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.

Building Democracy in Afghanistan: The Statebuilding Agenda and International Engagement

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

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

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

The Spoils of Peace in Iraqi Kurdistan

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

Captured Commitments: An Analytic Narrative of Transitions with Transitional Justice

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.

Transitional Justice as Global Project: Critical Reflections

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

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

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

Peace beyond Process?

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

Security Sector Reform in Haiti

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.

Reintegration and Localised Conflict: Security Impacts Beyond Influencing Spoilers

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.

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

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

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.

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

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

Warlords and the Liberal Peace: State-building in Afghanistan

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

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.

The War in Afghanistan: Its Background and Future Prospects

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

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

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

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

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

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

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

How and When Armed Conflicts End: Introducing the UCDP Conflict Termination Dataset

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.

Afghanistan: Post-War Governance, Security, and U.S. Policy

Politically, the Afghan central government is relatively stable, but it is perceived as weak and rife with corruption. The post-Taliban transition was completed with the convening of a parliament in December 2005 following September 2005 parliamentary elections. A new constitution was adopted in January 2004, and presidential elections were held on October 9, 2004. The parliament has become an arena for factions that have fought each other for nearly three decades to peacefully resolve differences, as well as a center of political pressure on President Hamid Karzai. Major regional strongmen have been marginalized. Afghan citizens are enjoying personal freedoms forbidden by the Taliban, and women are participating in economic and political life. Presidential elections are to be held in the fall of 2009, with parliamentary and provincial elections to follow one year later.

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

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

Moving Beyond Rethinking the “State of the State”: To the Challenge of Reshaping International Contributions to Peace Operations

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.

Framing the Issue: UN Responses to Corruption and Criminal Networks in Post-Conflict Settings

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.

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

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

Can Peacekeepers Be Peacebuilders?

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

Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions

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

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

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

Kosovo and the UN

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.

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

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

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

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

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

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

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

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

Too Little, Too Late? International Oversight of Contract Negotiations in Post-conflict Liberia

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.

US Doctrine for Peace Operations

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

Mind the Gap: Documenting and Explaining Violence Against Aid Workers

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

This report was written with the intention of providing information and enhancing the debate around accountability processes, and in particular further prosecutions in South Africa. The report begins with an overview of the international obligations around holding perpetrators accountable within post-conflict societies. This overview also includes a description of attempts in Argentina and Chile to pursue prosecutions in conjunction with (or following upon) a truth commission. The next section of the report focuses specifically on South Africa, and consolidates the information on indemnities, amnesties and prosecutions from the 1990s to present. A legal analysis of the amended prosecution guidelines, passed in 2005 is then provided. This analysis is provided in that it is deemed as a policy which has, and will continue to, affect prosecutions for “conflicts of the past.” The report then continues with a case study of the Highgate Massacre of 1993, which explores the opportunities and challenges for further investigations and prosecutions. Finally, some concluding remarks are made which highlights some of the key points outlined through the report.

A Bottom-Up Approach to Transformative Justice in Northern Ireland

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.

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

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

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

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

America’s Role in Nation-Building: From Germany to Iraq

The post-World War II occupations of Germany and Japan set standards for postconflict nation-building that have not since been matched. Only in recent years has the United States has felt the need to participate in similar transformations, but it is now facing one of the most challenging prospects since the 1940s: Iraq. The authors review seven case studies – Germany, Japan, Somalia, Haiti, Bosnia, Kosovo, and Afghanistan – and seek lessons about what worked well and what did not. Then, they examine the Iraq situation in light of these lessons. Success in Iraq will require an extensive commitment of financial, military, and political resources for a long time. The United States cannot afford to contemplate early exit strategies and cannot afford to leave the job half completed.

Civil War Peace Agreement Implementation and State Capacity

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

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

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

Reconstructing Iraq: Insights, Challenges, and Missions for Military Forces in a Post-Conflict Scenario

In October 2002, the U.S. Army War College’s Strategic Studies Institute, in coordination with the Office of the Army Deputy Chief of Staff/G-3, initiated a study to analyze how American and coalition forces can best address the requirements that will necessarily follow operational victory in a war with Iraq. The objectives of the project were to determine and analyze probable missions for military forces in a post-Saddam Iraq; examine associated challenges; and formulate strategic recommendations for transferring responsibilities to coalition partners or civilian organizations, mitigating local animosity, and facilitating overall mission accomplishment in the war against terrorism. The study has much to offer planners and executors of operations to occupy and reconstruct Iraq, but also has many insights that will apply to achieving strategic objectives in any conflict after hostilities are concluded. The current war against terrorism has highlighted the danger posed by failed and struggling states. If this nation and its coalition partners decide to undertake the mission to remove Saddam Hussein, they will also have to be prepared to dedicate considerable time, manpower, and money to the effort to reconstruct Iraq after the fighting is over. Otherwise, the success of military operations will be ephemeral, and the problems they were designed to eliminate could return or be replaced by new and more virulent difficulties.

Looking Backward to Address the Future? Transitional Justice, Rising Crime, and Nation-Building

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.

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

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

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

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

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

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

The Evolution of Post-conflict Recovery

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

On Living with Negative Peace and a Half-Built State: Gender and Human Rights

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.

Amnesty, Peace and Reconciliation in Algeria

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

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

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

Women, Security and the Patriarchy of Internationalized Transitional Justice

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.

From Politics to Arms to Politics Again: The Transition of the Gerakan Acheh Merdeka (Free Aceh Movement – GAM)

The present peace agreement reached by GAM and the government of Indonesia has brought major changes to the political landscape in the Province of Aceh, transforming GAM from being an armed group to becoming a non-armed poltical movement which has to compete in a regular electoral process. This paper looks at the character of the GAM movement, how it was drawn into the armed struggle, the factors and events that affected its adoption of a political strategy, and the present outcome of its transition. It was co-written by an Acehnese scholar and a German researcher, based on contributions made by two leading GAM members during the course of several focus group discussions.

Managing Armed Conflicts in the 21st Century

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