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121. Irregular Conflict and the Wicked Problem Dilemma: Strategies of Imperfection

Author:
Franklin Kramer
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
PRISM
Institution:
Institute for National Strategic Studies (INSS), National Defense University
Abstract:
Irregular conflict is neither neat nor fair. Definitionally, it is hard to describe, including as it does conflicts ranging from Somalia to Bosnia to Sierra Leone to Colombia to Iraq to Afghanistan (to say nothing of Sudan, the Philippines, or Yemen). Hybrid, counterinsurgency (COIN), stability operations, counterterrorism, and civil war have all been utilized as descriptions, often in combination. But if defining irregular conflict is difficult, even more difficult is knowing how to respond, especially for an outside intervener like the United States. Doctrine has now been developed, but in practice the context of an irregular conflict is generally so complex and contradictory that it is difficult to put the full doctrine effectively into practice.
Political Geography:
Afghanistan, United States, Iraq, Sudan, Bosnia, Philippines, Yemen, Colombia, Sierra Leone, and Somalia

122. Doing Justice to the Political. The International Criminal Court in Uganda and Sudan: A Reply to Sarah Nouwen and Wouter Werner

Author:
Bas Schotel
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
This article is a reaction to Sarah Nouwen and Wouter Werner, 'Doing Justice to the Political. The International Criminal Court in Uganda and Sudan', 21 EJIL (2010) 941. It takes issue with attempts to understand international law and particularly the workings of the International Criminal Court in terms of Carl Schmitt's thesis on the political as distinguishing between friend and enemy. My contention is that parties to a violent/ political conflict may try to mobilize the law in their struggle, but that the structure of the law itself escapes the logic of the political: law cannot be 'political' in the Schmittian sense. The unexpected upshot of this is that Schmitt's notion of the political may operate as a normative criterion for testing whether legal officials are still respecting the constraints of their practice. If legal authorities are indeed in the business of defining the enemy of mankind, then they are not doing this through or with the help of the law. They may simply act against the law. To substantiate this point, the article thinks through the difference between conventional and absolute/real enemies and contrasts these notions with the characteristics of (international criminal) law.
Topic:
Politics
Political Geography:
Uganda and Sudan

123. Doing Justice to the Political: The International Criminal Court in Uganda and Sudan: A Rejoinder to Bas Schotel

Author:
Sarah Nouwen and Wouter Werner
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
Is it possible for the ICC to become an actor in political struggles over the definition and labelling of friends and enemies? In our article 'Doing Justice to the Political: The International Criminal Court in Uganda and Sudan' we gave an affirmative answer to this question, based on empirical findings from Uganda and Sudan and a concept of the political derived from Schmitt, Kirchheimer and Shklar. Taking Schmitt's concept of the 'enemy of mankind' as his starting point, Schotel disputes our conclusions. Although 'parties to a violent/political conflict may try to mobilize the law in their struggle', Schotel argues, 'the structure of the law itself escapes the political: law cannot be “political” in the Schmittian sense'. He continues: 'If legal authorities are indeed in the business of defining the enemy of mankind, then they are not doing this through or with the help of the law. They may simply act against the law.' Schotel's main points of disagreement with our article concern (i) the way in which 'enemies of mankind' are created; (ii) the structure of international criminal law; and (iii) the difference between the law and the people applying the law.
Political Geography:
Uganda and Sudan

124. Sudan's Secession Crisis

Author:
Andrew S. Natsios and Michael Abramowitz
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
Ahead of last weekend's secession referendum in Sudan, Andrew S. Natsios and Michael Abramowitz wrote on the prospects for compromise and reconciliation between the country's north and south.
Topic:
Government
Political Geography:
Sudan

125. Making Cooperation Attractive: Post-referendum Relations between Egypt and the Sudan

Author:
Øystein Rolandsen and Jacob Høigilt
Publication Date:
01-2011
Content Type:
Working Paper
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
The Sudan has gone through two harrowing civil wars since its independence in 1956. Foreign interference and assistance prolonged these, but external involvement has also been vital in Sudanese peace processes. This was the case with the Comprehensive Peace Agreement (CPA) between the Government of the Sudan and the Sudan People's Liberation Movement/Army (SPLM/A), the main rebel group, which was signed on 9 January 2005. The peace process that culminated in that agreement was led and hosted by the neighbouring countries through the Inter-Governmental Authority on Development (IGAD), with support from further afield, in particular the United States, United Kingdom, South Africa and Norway. These countries have now intensified their involvement in discussions of post-CPA arrangements. The CPA process will have momentous consequences also for Egypt, as thus for Sudanese-Egyptian relations. It is therefore important that Egypt have a clear policy towards, and a constructive engagement in, deliberations over the Sudan's future.
Topic:
Civil War, Democratization, and Bilateral Relations
Political Geography:
Africa, United States, United Kingdom, Sudan, and Egypt

126. The Sudan Referendum and Neighbouring Countries: Egypt and Uganda

Author:
Øystein Rolandsen, Jacob Høigilt, and Åshild Falch
Publication Date:
01-2011
Content Type:
Working Paper
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
As a former coloniser and the Sudan's Nile-valley neighbour to the north, Egypt will inevitably be affected by the Sudan's political transition. As Egypt's regional influence appears to wane, the Sudan's increasing economic strength and the likely secession of Southern Sudan exemplify Egypt's overall difficulties in regard to the regional politics of the Horn of Africa and Nile Basin. Egyptian policy-makers and diplomats struggle with fundamental contradictions in Egypt's current regional status, competing priorities, and the need to stay on good terms with all political parties in the Sudan. To be able to balance domestic needs, relations with its immediate neighbours, and its role as a regional power Egypt must reshape its foreign policy; Egypt's national interests in the Sudan preclude neutrality in the processes ahead. It can however play a key role in a joint regional and international effort to secure the peaceful secession for Southern Sudan.
Topic:
Conflict Resolution, Foreign Policy, Civil War, Democratization, Diplomacy, Ethnic Conflict, and Islam
Political Geography:
Uganda, Africa, Sudan, and Egypt

127. Disrupting the Supply Chain for Mass Atrocities

Publication Date:
07-2011
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
Mass atrocities are organized crimes. Those who commit genocide and crimes against humanity depend on third parties for the goods and services—money, matériel, political support, and a host of other resources-that sustain large—scale violence against civilians. Third parties have supplied military aircraft used by the Sudan Armed Forces against civilians, refined gold and other minerals coming out of eastern Democratic Republic of the Congo, and ensured a steady flow of arms into Rwanda. Governments seeking to prevent atrocities cannot afford a narrow and uncoordinated focus on the perpetrators of such violence. Rather, an effective strategy must include identifying and pressuring third-party enablers— individuals, commercial entities, and countries—in order to interrupt the supply chains that fuel mass violence against civilians.
Topic:
Security, Arms Control and Proliferation, Crime, and Genocide
Political Geography:
Africa and Sudan

128. Rescuing the Peace in Southern Sudan

Author:
Maya Mailer and Lydia Poole
Publication Date:
01-2010
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
The next 12 months will be critical for the future of Sudan. As the country marks the fifth anniversary of the signing of the 2005 Comprehensive Peace Agreement that ended a devastating civil war, southern Sudan has seen a major upsurge in violence. In 2009, some 2,500 people were killed and 350,000 fled their homes. With landmark elections and a referendum on the horizon, the peace deal is fragile and the violence likely to escalate even further unless there is urgent international engagement.
Topic:
Political Violence, Civil War, Ethnic Conflict, Peace Studies, and Treaties and Agreements
Political Geography:
Sudan and Arabia

129. Negotiating Sudan's Post-Referendum Arrangements

Author:
Jon Temin
Publication Date:
01-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
With Southern Sudan's referendum on whether to remain part of Sudan or secede approaching, it is vital that the international community encourage and support negotiations on postreferendum arrangements, which include issues ranging from wealth sharing to citizenship rights to security arrangements. Good coordination among the international community will be essential. A single mediator with a clear and strong mandate should lead negotiations on postreferendum arrangements, supported by a contact group or group of friends that can insert targeted pressures and incentives into the process. The mediator needs to be strong enough to prevent “forum shopping” and contain or co-opt spoilers. States and non-state actors that wish to play a central role in negotiations on post-referendum arrangements should demonstrate a long term commitment to Sudan and to overseeing implementation of any agreement. Negotiations on post-referendum arrangements and the ongoing negotiations on Darfur should be kept separate.
Topic:
Conflict Resolution, Civil War, and Territorial Disputes
Political Geography:
Africa and Sudan

130. The Future of Peacekeeping in Africa and the Normative Role of the African Union

Author:
Charles Riziki Majinge
Publication Date:
08-2010
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
While it has been the responsibility of the United Nations to conduct peacekeeping operations on the continent, the trend is gradually changing. African Union and its regional organizations (RECs) are increasingly assuming responsibility of securing peace and stability on the continent. Many reasons militate in favour of this trend. Chiefly the unwillingness of the United Nations Security Council and of the developed countries to intervene timely and adequately to avert humanitarian catastrophes as happened in Rwanda, Southern Sudan and Angola. Furthermore, the desire of Africa to take steps to address its own problems without heavily relying on assistance from the international community whose availability is neither assured nor sufficient. This contribution argues that Africa can no longer expect the international community to shoulder the burden of peacekeeping in some of the most intractable conflicts on the continent without taking steps to participate actively in the process itself. While Africa has expressed its desire to address its own problems through the vision of “African solutions for African Problems”, African leaders must show greater willingness to fund and strengthen institutions they establish to carry out this vision. Lastly, the paper contends that the international community, especially the developed states, should take genuine and adequate measures to assist Africa realize its vision. A strong African Union capable of securing peace and stability on the continent is in the best interests not only of Africa but also of the international community as a whole.
Political Geography:
Africa, Sudan, Rwanda, and Angola