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51. Journal of Advanced Military Studies: Spring 2013

Author:
Paolo Tripodi, Winston Harris, Valentina Bartolucci, Kathleen Reedy, and Terri K. Wonder
Publication Date:
01-2013
Content Type:
Journal Article
Journal:
Journal of Advanced Military Studies
Institution:
Marine Corps University Press, National Defense University
Abstract:
re world becomes more complicated by the day, and the challenges the military faces as we attempt to operate in the current environment become more complicated also.rere are those who think that, with our involvement in Afghanistan winding down, there will be less for U.S. Armed Forces to do around the world. rey could not be more mistaken. If anything, this issue of the Marine Corps University Journal serves to illustrate the chaos and violence that predominate in perennial hot spots. As our resources continue to dwindle, our options for dealing effectively with these hot spots seem just as limited. It is very likely that we will continue to be asked to do more with less. Doing more with less is even more difficult under challenging circumstances, as is doing the right thing. For instance, when confronted by a morally abhorrent situation, how do we as a nation and as a military force respond? In these situations, nations, leaders, and peacekeeping forces are sometimes required to make the ultimate decision: strictly follow orders or do what is both moral and right. Military personnel have faced this dilemma in hostile places, such as Rwanda and Srebrenica, often with tragic consequences. In the opening article, Paolo Tripodi describes similar challenges faced by United Nations peacekeepers when civilian lives became the responsibility (or not) of force commanders.Tripodi argues that, in spite of their orders, commanders at various levels had (and still have) a moral responsibility to protect the lives of citizens, even at the risk of their own lives.
Topic:
Terrorism, Military Affairs, Islamism, Kurds, and Atrocities
Political Geography:
Afghanistan, Africa, Europe, Syria, Rwanda, Maghreb, and Srebrenica

52. Libya and the Responsibility to Protect

Author:
Simon Adams
Publication Date:
10-2012
Content Type:
Working Paper
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
For those concerned with the international community's Responsibility to Protect (R2P), the implementation of United Nations (UN) Security Council Resolution 1973, which authorized a military intervention in Libya, has caused much controversy and dissension. From the start of Muammar al-Qaddafi's violent crackdown against protesters in February 2011, R2P informed the Security Council's response. Adopted at the UN World Summit in 2005 and intended as an antidote to the inaction that had plagued the UN during the genocides in Cambodia, Rwanda and Srebrenica, R2P represents a solemn commitment by the international community to never again be passive spectators to genocide, war crimes, ethnic cleansing or crimes against humanity. While R2P played some role in preventing an escalation of deadly ethnic conflict in Kenya during 2007, it had never been utilized to mobilize the Security Council to take coercive action against a UN member state before.
Topic:
Civil War, Human Rights, Human Welfare, Regime Change, and Insurgency
Political Geography:
Kenya, Arabia, Cambodia, United Nations, North Africa, and Rwanda

53. An Analysis of Sexual Assault in the U.S. Military, 2004-2009

Author:
Dr. Adam Lankford
Publication Date:
10-2012
Content Type:
Journal Article
Journal:
Journal of Military and Strategic Studies
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
The history of warfare is marked by national armed forces, paramilitary fighters, and rebels across various eras and cultures who have committed sexual assault with impunity. Social norms have changed dramatically since ancient times, but it can be shocking to realize that even some well respected leaders of the past once approved of such crimes. For instance, Moses apparently gave orders to his warriors to “kill every male among them, and kill every woman that hath known man by lying with him. But all the women that have not known a man by lying with him, keep alive for yourselves.”1 This may not have been an overt sanction of sexual assault, but it certainly implies that the enemy's virgins should be kept as sexual companions. Furthermore, as Susan Brownmiller describes, “Among the ancient Greeks, rape was socially acceptable behavior well within the rules of warfare, an act without stigma for warriors who viewed the women they conquered as legitimate booty, useful as wives, concubines, slave labor or battle-camp trophy.”2 Joshua S. Goldstein similarly points out that “The most common pattern in warfare in the ancient Middle East and Greece was to literally feminize a conquered population by executing the male captives, raping the women, then taking women and children as slaves. The pattern…recurs even today.”3 In the last century, sexual assault has accompanied armed conflicts in countries all around the world, including Bosnia, China, France, Germany, Italy, Russia, Rwanda, and Sudan.
Political Geography:
Russia, China, Sudan, Bosnia, Middle East, France, Germany, Italy, and Rwanda

54. Transfer of cases from the International Criminal Tribunal for Rwanda to Domestic Jurisdictions

Author:
Alex Obote-Odora
Publication Date:
01-2012
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
The article examines Rule 11bis on the transfer of cases from the Rwanda Tribunal to domestic jurisdictions. It discusses the criteria for transfer under Rule 11bis and reflects on reasons for the denial of all the Prosecutor's requests for transfer except in the recent Uwinkindi's Appeals Chamber decision. The article also examines how the Appeals Chamber resolved the ambiguity between the Death Penalty Law vis-à-vis Imprisonment in Isolation in Munyakazi, on the one hand, and ambiquity in Article 59 of the Rwanda Code of Criminal Procedure (“RCCP”) vis-à-vis Articles 13(10) and 25 of the Transfer Law, on the other hand, opening the way for the transfer of Uwinkindi to Rwanda. The article recognizes the high standards the Appeals Chamber has established for the transfer of cases to domestic jurisdictions and notes that only few States satisfactorily meet these requirements. In sum, the article welcomes the Uwinkindi decision and recognises a positive development in international criminal law and procedure. However, it also cautions that in practice the precedent may not necessarily translate into a flood of cases being transferred to Rwanda because many States will not be able to meet the Rule 11bis high international standards.
Political Geography:
Africa and Rwanda

55. From Retribution to Reconciliation Transitional Justice in Rwanda, 1994-2011

Author:
David Rawson
Publication Date:
12-2012
Content Type:
Journal Article
Journal:
Georgetown Journal of International Affairs
Institution:
Georgetown Journal of International Affairs
Abstract:
The process of post-genocide transitional justice begins to come to a close in Rwanda. Vital operational lessons can be learned from the international blunders and local triumphs of the past two decades to create a more rapid, meaningful, and reconciliatory global response system.
Political Geography:
Rwanda

56. Books: Michela Wrong's Congo and Rwanda reading list

Author:
Michela Wrong
Publication Date:
07-2012
Content Type:
Journal Article
Institution:
Chatham House
Abstract:
Michela Wrong, author of 'In the Footsteps of Mr Kurtz' chooses seven books about the crisis in Africa's Great Lakes region. Michela Wrong's 'In the Footsteps of Mr Kurtz' tracked the rise and fall of Mobutu Sese Seko, Zaire's kleptocrat dictator.
Political Geography:
Africa, Democratic Republic of the Congo, and Rwanda

57. The new politics of protection? Côte d'Ivoire, Libya and the responsibility to protect

Author:
Alex J Bellamy and Paul D Williams
Publication Date:
07-2011
Content Type:
Journal Article
Institution:
Chatham House
Abstract:
The international responses to recent crises in Côte d'Ivoire and Libya reveal a great deal about the UN Security Council's approach to human protection. The Council has long authorized peacekeepers to use 'all necessary means' to protect civilians, in contexts including Haiti, the Democratic Republic of Congo (DRC), Sudan, Liberia, Sierra Leone, Burundi and Côte d'Ivoire. But Resolution 1973 (17 March 2011) on the situation in Libya marked the first time the Council had authorized the use of force for human protection purposes against the wishes of a functioning state. The closest it had come to crossing this line previously was in Resolutions 794 (1992) and 929 (1994). In Resolution 794, the Council authorized the Unified Task Force to enter Somalia to ease the humanitarian crisis there, but this was in the absence of a central government rather than against one—a point made at the time by several Council members. In Resolution 929 (1994), the Security Council authorized the French-led Operation Turquoise to protect victims and targets of the genocide then under way in Rwanda; this mission enjoyed the consent of the interim government in Rwanda as well as its armed forces. In passing Resolution 1973, the Council showed that it will not be inhibited as a matter of principle from authorizing enforcement for protection purposes by the absence of host state consent. Although its response in Libya broke new ground, it grew out of attitudes and processes evident well before this particular crisis. Most notably, the Council had already accepted—in Resolutions 1674 (2006) and 1894 (2009)—that it had a responsibility to protect civilians from grave crimes, and this was evident in a shift in the terms of its debates from questions about whether to act to protect civilians to questions about how to engage.
Topic:
Security, Government, and Politics
Political Geography:
Paris, Libya, United Nations, Balkans, Netherlands, Rwanda, Alabama, Ninewa, and Lower Dir

58. International Intervention in Local Conflicts: Crisis Management and Conflict Resolution since the Cold War

Author:
Emre İşeri
Publication Date:
07-2011
Content Type:
Journal Article
Journal:
The Rest: Journal of Politics and Development
Institution:
Centre for Strategic Research and Analysis (CESRAN)
Abstract:
At a time of Arab 'revolutions', particularly the one in Libya , once again - following the impotence of international community in Bosnia, Somalia and, Rwanda in the 1990s - there have emerged a heated debate on the concept of international intervention. This poses one of the toughest tests for an international society that is built on Westphalian principles of state sovereignty, non-intervention, and the non-use of force. It is expected from sovereign states to act as protectors of their citizens' security and well-being, but a hard question arises when states act like gangsters toward their own people and/or they are impotent to find a lasting peaceful solution to their local conflicts. Should those 'tyrannical' states be considered as legitimate actors of the international society and immune from international interventions? As related questions in this regard, what are the responsibilities of other states to enforce newly emerging global human rights norms against governments violating them? What are the obstacles on the way of effective international intervention? In the light of these questions, the volume is compiled of thirteen essays that were categorised into five parts examining the impact of international intervention on the resolution of local conflicts as well as the roles of local actors in determining the course.
Topic:
Cold War
Political Geography:
Bosnia, Libya, Arabia, Rwanda, and Somalia

59. Humanitarian Intervention Comes of Age

Author:
Jon Western and Joshua S. Goldstein
Publication Date:
11-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
No sooner had NATO launched its first air strike in Libya than the mission was thrown into controversy -- and with it, the more general notion of humanitarian intervention. Days after the UN Security Council authorized international forces to protect civilians and establish a no-fly zone, NATO seemed to go beyond its mandate as several of its members explicitly demanded that Libyan leader Muammar al-Qaddafi step down. It soon became clear that the fighting would last longer than expected. Foreign policy realists and other critics likened the Libyan operation to the disastrous engagements of the early 1990s in Somalia, Rwanda, and Bosnia, arguing that humanitarian intervention is the wrong way to respond to intrastate violence and civil war, especially following the debacles in Afghanistan and Iraq. To some extent, widespread skepticism is understandable: past failures have been more newsworthy than successes, and foreign interventions inevitably face steep challenges. Yet such skepticism is unwarranted. Despite the early setbacks in Libya, NATO's success in protecting civilians and helping rebel forces remove a corrupt leader there has become more the rule of humanitarian intervention than the exception. As Libya and the international community prepare for the post-Qaddafi transition, it is important to examine the big picture of humanitarian intervention -- and the big picture is decidedly positive. Over the last 20 years, the international community has grown increasingly adept at using military force to stop or prevent mass atrocities. Humanitarian intervention has also benefited from the evolution of international norms about violence, especially the emergence of “the responsibility to protect,” which holds that the international community has a special set of responsibilities to protect civilians -- by force, if necessary -- from war crimes, crimes against humanity, ethnic cleansing, and genocide when national governments fail to do so. The doctrine has become integrated into a growing tool kit of conflict management strategies that includes today's more robust peacekeeping operations and increasingly effective international criminal justice mechanisms. Collectively, these strategies have helped foster an era of declining armed conflict, with wars occurring less frequently and producing far fewer civilian casualties than in previous periods.
Topic:
Security, Foreign Policy, NATO, and United Nations
Political Geography:
Afghanistan, Iraq, Bosnia, Libya, Rwanda, and Somalia

60. Behind the Facade of Rwanda's Elections

Author:
Filip Reyntjens
Publication Date:
09-2011
Content Type:
Journal Article
Journal:
Georgetown Journal of International Affairs
Institution:
Georgetown Journal of International Affairs
Abstract:
Rwanda is a de facto one-party state where the ruling party maintains a façade of legitimacy through a sham electoral process. The country's turbulent past has given rise to a tense, and at times, violent political environment. The international community must develop a comprehensive strategy with the people of Rwanda to establish a legitimate and functioning democratic process.
Topic:
Environment
Political Geography:
Rwanda