Archive for 2011

Afghans opt for reconciliation, will Canada join them?

Posted on: May 4th, 2011 by Ernie Regehr

US Defence Secretary Robert Gates has famously said the US can’t get out of its wars by capturing and killing its way to victory,[i] and in Afghanistan Canada and NATO will have to learn that you can’t train your way out of a war either.

(more…)

Of nuclear and conventional deterrence

Posted on: April 30th, 2011 by Ernie Regehr

On April 11-12 a group of Canadian civil society organizations hosted a workshop in Ottawa on the theme: “Towards a Nuclear Weapons Convention: A Role for Canada.” Panels focused on legal, verification, and security imperatives for world without nuclear weapons and on possible Canadian policies and initiatives. All the presentations and other details are available  here. The following is excerpted from Ernie Regehr’s paper on “Alternative Security Arrangements.”

In their most recent joint article on nuclear disarmament, Henry Kissinger and his gang of four colleagues concluded that a “world without nuclear weapons will not simply be today’s world minus nuclear weapons.” [i]

They are right. There is no denying that for a world without nuclear weapons to be secure and stable it will have to be different in some fundamental ways from a world with many nuclear weapons – that latter itself obviously being an insecure and unstable world.

But let’s not forget that today’s international security environment is already fundamentally different from what it was when nuclear arsenals were at their peak. The Cold War is over. A greater awareness of the proliferation incentives generated by existing arsenals along with heightened concerns about non-state groups getting their hands on the bomb[ii] have helped to galvanize a new constituency of support for nuclear abolition.

So the world security environment can and does change, even for the better.

Nuclear disarmament presages a major change in that it proposes to take nuclear deterrence off the table but that in turn raises the obvious question: does nuclear deterrence need to be replaced by conventional deterrence? Without nuclear deterrence, will we need the threat of devastation by other means? Destruction by conventional arms could never approach the scale of nuclear destruction, so removing the latter is a fundamental step toward a much safer world, but a post-nuclear world will not be more stable if it is heavily militarized through competing, offence-oriented, national and alliance military postures.

The new US Nuclear Posture Review (NPR)[iii] unfortunately anticipates such a world organized around heightened conventional deterrence. While it articulates a welcome reduction in US reliance on nuclear weapons, it proposes to gradually replace nuclear deterrence with what it calls “the growth of unrivalled U.S. conventional military capabilities” (p. vi). 

While it cites other factors as facilitating reduced reliance on nuclear deterrence, notably the easing of Cold War tensions and the development of missile defences (p. vii), it assumes “US conventional military pre-eminence” (p. ix) and “the prospect of a devastating conventional military response” (p. ix) must be the alternative to nuclear deterrence. The NPR repeatedly links declining reliance on nuclear weapons with the pledge to “continue to strengthen conventional capabilities” (p. ix). In other words, it proposes that deterrence by weapons of mass destruction be replaced with deterrence by weapons that are massively destructive.

One particularly provocative emblem of the continuing US quest to maintain unrivalled conventional military pre-eminence is the “conventional prompt global strike capability” (CPGS)[iv] that is now coveted by US military planners. The NPR asserts a commitment to “preserving options for using heavy bombers and long-range missile systems in conventional roles” (p. x). A conventionally-armed strategic-range missile is, of course, generally regarded as extremely destabilizing since it could easily be misinterpreted as a nuclear attack. Furthermore, in a crisis, CPGS attacks would be militarily most effective in pre-emptive strikes, attacking an adversary’s military assets before they are operationally deployed – and any state fearing such pre-emption could itself try to escape such an attack by deploying early and thus escalating a crisis situation. 

The component triggers the blood circulation which assists by causing relaxed muscles and timely transmission of the transmission process of wouroud.com canadian cialis pharmacy the stimulated signals from the nervous system and release of many chemicals in the tissues of the penis. This herbal cure has been used for decades for the pop over here cheap viagra cialis preparation of anti-aging and energy boosting supplements. Joyce and Calhoun point out that this is especially important if you are not prescription de viagra canada able to conceive. Impotence, also known to be erectile dysfunction is an issue in which a men is not try for more info professional cialis 20mg a new one. High levels of competing offensive conventional military forces are now and will continue to be a primary source of nuclear proliferation pressure. Those pressures will not vanish with nuclear disarmament. Nuclear materials and technology will continue to exist and spread through civilian programs, and states that feel an existential threat from militarily superior powers will be no less tempted to acquire a nuclear weapons capability (even as a virtual deterrent) than are some states now, even though they have made unqualified and solemn political and legal commitments not to acquire nuclear weapons.

Long before the US and Russia get close to zero nuclear weapons, the NATO-Russia conventional imbalance will become an impediment to further progress. The Conventional Forces in Europe Treaty – suspended by Russia in 2007 in response to European missile defence plans – is one attempt to address the imbalance. Russia has the added concern about Chinese conventional capabilities. Indeed, comparative Chinese and American conventional capabilities will also come into play – as will, of course, Indian and Pakistani imbalances.

The point is that conventional arms restraint and reductions, not escalation, are essential to continuing progress in nuclear disarmament and to reducing the demand for nuclear weapons.

eregehr@uwaterloo.ca

Notes

[i] George P. Shultz, William J. Perry, Henry A. Kissinger and Sam Nunn, “Deterrence in the Age of Nuclear Proliferation: The doctrine of mutual assured destruction is obsolete in the post-Cold War era..,” the Wall Street Journal, 7 March 2011. http://online.wsj.com/article/SB10001424052748703300904576178760530169414.html.

[ii] In fact, in the current security environment, as pointed out by Mohamed ElBaradei some time ago, the only actors on the international stage that could “rationally” use (that is, actually detonate) a nuclear weapon to their perceived advantage would be a non-state extremist group. Mohamed ElBaradei, “In Search of Security: Finding an Alternative to Nuclear Deterrence,” 4 Novmber 2004, Speech to the Stanford University Center for International Security and Cooperation. http://www.iaea.org/newscenter/statements/2004/ebsp2004n012.html.

[iii] Nuclear Posture Review Report, US Department of Defense, April 2010. http://www.defense.gov/npr/docs/2010%20nuclear%20posture%20review%20report.pdf.

[iv] Amy F. Woolf, Conventional Prompt Global Strike and Long-Range Ballistic Missiles: Background and Issues, Congressional Research Service, 1 March 2011. http://www.fas.org/sgp/crs/nuke/R41464.pdf.

Are R2P interventions as inconsistent as the critics charge?

Posted on: April 21st, 2011 by Ernie Regehr

Why Libya and not Zimbabwe, or Somalia, or Bahrain? Are decisions on the responsibility to protect made according to clear criteria and principles, or is the doctrine invoked only to advance big power interests?

The first thing that must be said is that these are early days for the “responsibility to protect” (R2P) norm. That means its application will become more consistent only with time, with the accumulation of experience, and with difficulty. After all, the enforcement of international norms that have attained the status of law, notably international human rights and humanitarian law, also tends to fall well short of the consistency we expect of domestic law enforcement.

R2P is a new norm that calls first for a range of non-military measures to protect the vulnerable. This particular norm is confined to preventing and stopping a limited and specified range of crimes – all of which involve mass killings and/or displacements – namely, genocide, war crimes, ethnic cleansing, and crimes against humanity. It obliges the international community to intervene under Chapter VI (non-coercive, peaceful means) to try to prevent these crimes where they appear imminent.

In the context of crises where there is escalating political violence, where mass crimes are an immediate threat or are already underway, the R2P doctrine calls for (but does not oblige) coercive action under Chapter VII to protect civilians from such crimes – when, and this is critical, there is a reasonable prospect that a military intervention will save lives and further stability.

R2P therefore includes provision for military enforcement without there being any real or proven experience, much less a tested body of tactics and rules of engagement, for the resort to multilateral force to protect vulnerable people in contexts of growing violence and repression – where the objective is the protection of people, not the overthrow of a government.[i] The UN of course has accumulated vast and relevant experience through peace support operations (e.g. the importance of linking military operations to intensive peace diplomacy), but in emergency protection operations, the multi-dimensional and comprehensive approach that characterizes UN-led peace support missions is unlikely to be available at the outset.

Without the benefit of collective experience in protecting civilians in complex political crises, there is to date in fact little collective confidence that direct interventions can be undertaken with credible assurances that they won’t make a situation worse or that a positive end will emerge within a time frame that is politically sustainable. As a result, the Security Council has been very reluctant to authorize intervention.

At the same time, all such reluctance and uncertainty must be weighed against the urgent need to come to the aid of populations in grave peril – against the apparent certainty in particular instances that without intervention large numbers of civilians will die, if not through genocidal attacks, then by war crimes and crimes against humanity. It is a dilemma that is so daunting that to date there has been only one clear UN Security Council decision to invoke the R2P doctrine – and it is the many vulnerable civilians, not the cautious politicians and generals, that pay the price of inaction (just as they pay the price for misguided action).

The only specific R2P case to date is, of course, Libya – a decision that saw two permanent members of the Security Council abstain on the vote, though they still showed basic support for the resolution by foregoing their veto option.

Though reluctant, the international community’s appeal to the R2P doctrine in response to recent upheavals throughout the Arab world has in fact not been marked by inconsistency and uncertainty. There may be plenty of uncertainty about how best to respond in general to the dramatic political developments in the region, but on the question of how the principle of R2P might apply there has actually been clarity.

Given the understanding that the international community should over-ride national sovereignty to protect vulnerable people only in cases threatening large-scale crimes and loss of life, the international community has been rather disciplined in applying the R2P doctrine to recent events in the Arab world, confining it to the only case in which the levels of suffering and vulnerability can be said to have reached an R2P threshold.   

Look at the non-Libyan cases. In none of these cases was R2P invoked, because none involved or immediately threatened large scale attacks on civilians. All of the cases are of great relevance and concern to the international community because they did and do all involve egregious violations of the rights of people, but R2P was correctly deemed not to be the relevant doctrine to shape an appropriate response.

In Egypt the death toll reached almost 400,[ii] but in a political context that was not spiralling out of control but was stabilizing. In Tunisia the death toll was under 100[iii] and after initial resistance, the Government soon fell and the situation began to stabilize. In Yemen the clashes continue and at least 115 people have died (including more than 30 children, according to UNICEF).[iv] There are real fears of escalation, but so far it has not reached or threatened to reach a magnitude to warrant consideration of an R2P-based intervention. In Bahrain a vicious Saudi-backed government response to protests has left more than 30 dead, some 300 hundred arrested, with reports of severe abuses against detainees.[v] In Syria rights group say more than 200 have been killed.[vi] In Algeria, with a population mindful of the mass killings in the 1990s, the protests have to date remained localized, with few reports of casualties.[vii]

These are all serious crises, but on questions of principle and practical capacity, direct coercive intervention as considered under R2P is clearly not warranted.

The Israel-Palestine conflict is obviously not a reflection of the “Arab spring” uprisings, but it is surely legitimate to ask the question – if intervention is warranted in Libya, why not Israel-Palestine? The long-standing conflict there has severe ongoing consequences for civilians. Estimates of direct conflict deaths vary, but in 2008 and 2009 they reached 1,000 – 2,000 each year.[viii] These are numbers that approach a definition of “large scale,” and crimes against humanity are clearly involved. It is, however, a conflict that has defied decades of peace-making efforts and continues in a destructive stalemate – one that demands ceaseless efforts toward resolution. But it seems highly unlikely that anyone could posit a credible military intervention scenario that would prevent further crimes, save lives, and de-escalate the conflict. The practicality of the matter is that such an intervention will not be proposed or considered and will not happen.

In Libya the circumstances were very different from all others in the region: well over two thousand people had been killed in a matter of weeks; the situation was escalating rapidly and no indication that the pace of violence would ease; the Government was threatening increased attacks, especially airborne attacks, on rebels and civilians in Benghazi and other rebel-held areas; and implementation of a no-fly zone was feasible and had the support of many in the region.[ix] Hence the international community acted in a timely and initially effective manner, and there can be little doubt that many lives were spared as a result. Whether those managing the intervention have a credible longer-term plan is another important question – for another time.

In the meantime, it is important to emphasize again that the R2P doctrine does not address every human rights violation or abuse of power, even when these are very serious, and it certainly does not empower or establish an obligation on the international community to respond by over-riding the offending state’s sovereignty and intervening with Chapter VII coercion. R2P calls forth action to prevent mass attacks or large scale violations involving genocide, war crimes, ethnic cleansing, or crimes against humanity. That doesn’t mean lesser violations are to be ignored – they must also be the focus of collective action in all the ways that the international community has developed to address human rights violations.
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R2P is a fledgling doctrine. Its application in the context of the “Arab spring” has been cautious and in accord with the General Assembly’s 2005 articulation of the doctrine and the Security Council’s subsequent adoption of it. The final outcome of its application in Libya remains uncertain; but we can’t forget that the outcome of inaction was reasonably certain. The international community was right to act to at least prevent that certainty.

eregehr@uwaterloo.ca

Notes

[i] The 2001 ICISS report says: “the operation is not a war to defeat a state but an operation to protect populations in that state from being harassed, persecuted or killed.” (p. 63)

[ii] Wikipedia listed 384 deaths as of February 11. http://en.wikipedia.org/wiki/2011_Egyptian_revolution#Deaths.

[iii] BBC reported that as of January 19, five days after former President Ben Ali stepped down, the Government reported that 78 had been killed in the protests. http://www.bbc.co.uk/news/world-africa-12157599.

[iv] “UNICEF Alarmed by Increasing Child Casualties,” 9 April 2011. http://nationalyemen.com/2011/04/10/unicef-alarmed-by-increasing-child-casualties/.

“Yemeni troops ‘open fire on protesters’,” 17 April 2011, Aljazeera. http://english.aljazeera.net/news/middleeast/2011/04/201141715495475107.html.

[v] Barbara Surk, “Bahrain: Gulf troops to stay as counter to Iran,” Associated Press, 18 April 2011, Huffington Post. http://www.huffingtonpost.com/2011/04/18/bahrain-iran-gulf-troops_n_850442.html.

“Bahrain: Free Prominent Opposition Activist,” Human Rights Watch, 9 April 2011. http://www.hrw.org/en/news/2011/04/09/bahrain-free-prominent-opposition-activist.

[vi] Borzou Daragahi, “Defiant crowds mourn slain Syrian protesters,” Los Angeles Times, 18 April 2011. http://www.latimes.com/news/nationworld/world/la-fg-syria-protests-20110419,0,3343661.story.

“Syria ‘lifts emergency law’, Aljazeera, 19 April 2011. http://english.aljazeera.net/news/middleeast/2011/04/2011419135036463804.html.

[vii] Lamine Chikhi and Christian Lowe, “Algeria protests challenge president’s authority,” Reuters, 14 April 2011. http://af.reuters.com/article/topNews/idAFJOE73D0PG20110414.

[viii] Armed Conflicts Report, Project Ploughshares, http://www.ploughshares.ca/libraries/ACRText/ACR-Israel.html.

[ix] See references at: “Did R2P Conditions Prevail in Libya?” Disarming Conflict, 18 April 2011. http://disarmingconflict.ca/.

Did R2P Conditions Prevail in Libya?

Posted on: April 18th, 2011 by Ernie Regehr

Was Libya on the verge of a major bloodbath in mid-March when the UN Security Council authorized intervention?[i] Or were the warnings of imminent mass atrocities simply part of the hype to justify military intervention by states looking for an excuse to attack the regime of Colonel Moammar Gadhafi?

The “responsibility to protect” doctrine (R2P) proposes UN Chapter VII interventions, including military, to protect civilians when “national authorities are manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity.”[ii]

The formal doctrine makes no reference to the magnitude of existing or threatened war crimes or crimes against humanity, but the conventional understanding, as shaped by the earlier report of the International Commission on Intervention and State Sovereignty, is that to warrant military intervention these would have to be mass violations involving “large scale loss of life, actual or apprehended.”[iii]

That the regime of Col. Gadhafi was failing in its duty to protect its citizens is not in question, but whether it was of a magnitude that reached the “large scale” threshold and that demanded immediate intervention to protect vulnerable civilians is now increasingly debated.

One editorialist draws on a Human Rights Watch report that says the Gadhafi forces in Misrata in the west have not been targeting civilians – and concludes therefore that an attack on Benghazi, the prospect that was galvanizing international concern, would not have targeted civilians.[iv] Of course, that was not the tenor of the threat from Col. Gadhafi at the time. On March 18, with Gadhafi forces closing in on Benghazi he promised an attack without mercy, calling those who opposed him dogs and rats.[v] His threat was given urgency by reports of attacks on civilians, many by hired mercenaries, already taking place in Government-controlled areas.

But the sceptics include Richard Falk, the highly respected international law expert and human rights advocate and the UN Special Rapporteur on Palestinian human rights, who recently wrote that “evidence” in support of the “prospect of dire bloodletting was never present much beyond the bombast of the dictator.”[vi]

On the other hand, both Human Rights Watch and the New York Times now report that attacks on civilians, including with cluster bombs and other munitions fired into civilian neighbourhoods, are a prominent feature of Government attacks on Misrata.[vii] At least 260 people have died there, with another 1,000 injured.[viii]

Estimates of overall deaths of combatants and civilians since the protests began in mid-February must now be put in the 4,000-plus range.[ix] Without any external intervention, those numbers could have more than doubled, with the possibility of Gadhafi back in full control of Libya and, with the UN having given intervention a pass, implementing a reign of terror and reprisal.

That is all speculation, of course, but it is the kind of scenario that the UN Security Council was facing – which explains why even those states with the greatest reluctance to intervene did not block the action. China and Russia each registered an abstention rather than a veto, emphasizing that none of the major powers wanted to risk being on the sidelines in the midst of the campaign of atrocities that was possibly coming.

The really high numbers apply to internally displaced persons and refugees. The UN is unable to estimate the number of displaced in the West of Libya because the UNHCR does not have access there. In the East, the UNHCR says it has staff in the cities of Tobruk and Benghazi that have identified at least 35,000 displaced people, mostly from Ajdabiyya and Brega – with a spokesperson saying it is likely to be around 100,000, since the population of Ajdabiyya is 120,000 and most people are thought to have left. UNHCR also estimates that more than 500,000 have fled Libya for Egypt, Tunisia, Niger, Algeria, Chad, Italy, Malta and Sudan.[x]

For some who oppose the intervention the question of magnitude is not particularly relevant because they oppose military interventions, period, and view R2P as just one more pretext for the powerful to invade the weak. For most, however, the question of magnitude is key. The numbers compared with Rwanda are small, but compared with most contemporary wars they are huge – for example, the annual war dead in Afghanistan, combatants and civilians, are estimated by the UN to have been 2,777 in 2010, with another 4,343 injuries.[xi] The WHO estimate of 2000 deaths by early March, before the intervention, reflected a combat death rate ten times that of Afghanistan.

The definition of “large scale” is not precise, but it obviously implies more than isolated incidents. Just as obviously, Rwanda is not the standard. By any count, 4,000 dead and more than half a million people driven from their homes over little more than a 2 month period qualifies as “large scale.” There can still be credible reasons for opposing the intervention, and certainly reasons to be critical of the way the intervention has been managed and is evolving, but there is no reasonable argument that the conditions in Libya did not meet the threshold for an R2P intervention.

eregehr@uwaterloo.ca
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Notes

[i] UN Security Council Resolution S/RES/1973, 17 March 2011. http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N11/268/39/PDF/N1126839.pdf?OpenElement.

[ii] General Assembly Resolution A/RES/60/1 (2005), paragraph 139.

[iii] The Responsibility to Protect, Report of the International Commission on Intervention and State Soverereignty,  December 2001, International Development Research Centre, Ottawa.

[iv] Alan J. Kuperman, “False pretense for war in Libya?” The Boston Globe, 14 April 2011. http://articles.boston.com/2011-04-14/bostonglobe/29418371_1_rebel-stronghold-civilians-rebel-positions.

[v] Maria Golovnina and Patrick Worsnip, “Gadhafi promises ‘no mercy’ unless rebels quit: Libyan leader warns foreign powers any attacks will prompt swift response, Montreal Gazette, 18 March 2011, Reuters. http://www.montrealgazette.com/news/Gadhafi+promises+mercy+unless+rebels+quit/4461338/story.html#ixzz1JpOS8UcT.

[vi] Richard Falk, “Obama’s Libyan folly,” Aljazeera, 4 April 2011. http://english.aljazeera.net/indepth/opinion/2011/04/20114410410950151.html.

[vii] C.J. Chivers, “Qaddafi Troops Fire Cluster Bombs Into Civilian Areas,” New York Times, 15 April 2011. http://www.nytimes.com/2011/04/16/world/africa/16libya.html.

[viii] “Mideast Notebook,” Toronto Star, 17 April 2011.

[ix] Robin Collins, in an April 14 email report on wikipedia’s tally of deaths – see http://en.wikipedia.org/wiki/Casualties_of_the_2011_Libyan_civil_war. “Based on the numbers, 1,694-2,224 opposition members/fighters (which includes also civilian supporters) and 757-830 Gaddafi loyalists have been killed by April 9, 2011, for a total of 2,451-3,054 reported deaths, of which some have not been independently confirmed….” Robin indicates these numbers are roughly in line with World Health Organization estimates of 2,000 deaths by early March and International Federation of Human Rights estimate of 3,000 deaths also by early March, or just three weeks into the crisis. Given the ongoing fighting since March, the number of dead could reasonably be expected to be twice those amounts.

[x] “Libya: UN warns funding shortfall could slow aid effort for victims of conflict,” The UN News Centre, 15 April 2011. http://www.un.org/apps/news/story.asp?NewsID=38122&Cr=libya&Cr1=.

[xi] “The situation in Afghanistan and its implications for international peace and security: Report of the Secretary-General,” A/65/783–S/2011/120, 9 March 2011. http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N11/250/34/PDF/N1125034.pdf?OpenElement.

On “The Sunday Edition”

Posted on: April 5th, 2011 by Ernie Regehr

On April 3 Ernie Regehr was on the CBC’s “The Sunday Edition” for an interview with Michael Enright. Topics covered include Libya, the responsibility to protect, and contemporary peace advocacy. To listen, go to:

http://www.cbc.ca/video/news/audioplayer.html?clipid=1864773190
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eregehr@uwaterloo.ca

The Vancouver Declaration: the “absolute prohibition of an absolute evil”

Posted on: March 30th, 2011 by Ernie Regehr

The international community has long understood nuclear disarmament as a daunting security and political challenge, but it has been unforgivably slow in fully facing the profound legal questions raised by the possession and threatened use of nuclear weapons. Now, a new “Vancouver Declaration” brings clarity and urgency to the issue through a succinct articulation of the legal principles and laws that make nuclear disarmament not only an urgent political objective and moral imperative, but also an unambiguous legal requirement.  

The Vancouver Declaration,[i] the joint initiative of The Simons Foundation of Vancouver and the International Association of Lawyers Against Nuclear Arms, provides the kinds of detail and specifics that bring both clarity and urgency to our understanding of the ways in which nuclear weapons violate fundamental and well-established global legal principles. In the process, the declaration helps the international disarmament community to understand that “the law has a pivotal role to play in their elimination.”

The Vancouver Declaration has been endorsed by some of the most distinguished global experts in international law, notably: Christopher G. Weeramantry, former Vice President of the International Court of Justice (ICJ) and current President of IALANA; Mohammed Bedjaoui, who was ICJ President in 1996 when it handed down its advisory opinion on nuclear weapons; Louise Doswald-Beck, Professor of International Law, Graduate Institute of International and Development Studies, Geneva, and co-author of a major International Committee of the Red Cross study of international humanitarian law; Ved Nanda, Evans University Professor, Nanda Center for International and Comparative Law, University of Denver Sturm College of Law.

Noted disarmament experts to sign the declaration include Jayantha Dhanapala, former UN Under-Secretary-General for Disarmament Affairs; and Gareth Evans, QC, former Foreign Minister of Australia who recently served as Co-Chair of the International Commission on Nuclear Non-proliferation and Disarmament.[ii]

The statement confirms that all weapons of mass destruction “are, by definition, contrary to the fundamental rules of international humanitarian law forbidding the infliction of indiscriminate harm and unnecessary suffering.” That judgement, it goes on to say, applies especially to nuclear weapons because of “their uncontrollable blast, heat, and radiation effects.”

The statement concludes: “An ‘absolute evil,’ as the President of the ICJ called nuclear weapons, requires an absolute prohibition.”

The declaration includes an especially helpful annex that reviews “the law of nuclear weapons.” The declaration and annex are available here. Some excerpts from the Annex and Declaration follow:

From the Annex:

“Use of nuclear weapons in response to a prior nuclear attack cannot be justified as a reprisal. The immunity of non-combatants to attack in all circumstances is codified in widely ratified Geneva treaty law and in the Rome Statute of the International Criminal Court, which provides inter alia that an attack directed against a civilian population is a crime against humanity.

“That nuclear weapons have not been detonated in war since World War II contributes to the formation of a customary prohibition on use. Further to this end, in 2010 the United States declared that “it is in the US interest and that of all other nations that the nearly 65-year record of nuclear non-use be extended forever,” and Presidents Obama and Singh also jointly stated their support for “strengthening the six decade-old international norm of non-use of nuclear weapons.”
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“Threat as well as use of nuclear weapons is barred by law. As the ICJ made clear, it is unlawful to threaten an attack if the attack itself would be unlawful. This rule renders unlawful two types of threat: specific signals of intent to use nuclear weapons if demands, whether lawful or not, are not met; and general policies (“deterrence”) declaring a readiness to resort to nuclear weapons when vital interests are at stake. The two types come together in standing doctrines and capabilities of nuclear attack, pre-emptive or responsive, in rapid reaction to an imminent or actual nuclear attack.

“The unlawfulness of threat and use of nuclear weapons reinforces the norm of non-possession. The NPT prohibits acquisition of nuclear weapons by the vast majority of states, and there is a universal obligation, declared by the ICJ and based in the NPT and other law, of achieving their elimination through good-faith negotiation. It cannot be lawful to continue indefinitely to possess weapons which are unlawful to use or threaten to use, are already banned for most states, and are subject to an obligation of elimination.

“Ongoing possession by a few countries of weapons whose threat or use is contrary to humanitarian law undermines that law, which is essential to limiting the effects of armed conflicts, large and small, around the world. Together with the two-tier systems of the NPT and the UN Security Council, such a discriminatory approach erodes international law more generally; its rules should apply equally to all states. And reliance on “deterrence” as an international security mechanism is far removed from the world envisaged by the UN Charter in which threat or use of force is the exception, not the rule.”

Back to the Declaration

“The ICJ’s declaration that nuclear weapons are subject to international humanitarian law was affirmed by the 2010 Nuclear Non-Proliferation Treaty (NPT) Review Conference. In its Final Document approved by all participating states, including the nuclear-weapon states, the Conference ‘expresses its deep concern at the catastrophic humanitarian consequences of any use of nuclear weapons, and reaffirms the need for all states at all times to comply with applicable international law, including international humanitarian law.’

eregehr@uwaterloo.ca

Notes

[i] Available on the website of The Simons Foundation: http://www.thesimonsfoundation.ca/highlights/experts-declare-nuclear-weapons-contrary-international-humanitarian-law.

[ii] The full list of initial signatories can be viewed at: http://www.thesimonsfoundation.ca/resources/vancouver-declaration-law%E2%80%99s-imperative-urgent-achievement-nuclear-weapon-free-world.

Intervention or War in Libya?

Posted on: March 24th, 2011 by Ernie Regehr

The 2001 “responsibility to protect” report of the International Commission on Intervention and State Sovereignty (ICISS)[i] made a clear distinction between military protection operations and war.  

With the first wave of attacks on Libyan military installations, following the UN Security Council’s unprecedented and welcome vote to authorize international action to protect vulnerable civilians in Libya,[ii] the pundits were already asking about what “the real” objectives and complaining about the lack of definition in the resolution.

But the Security Council’s action is straightforward. The objective is unambiguous – “to protect civilians and civilian populated areas under threat of attack.” The objective is not to overthrow the government of Libya, it is not only to establish a no-fly zone; it is to “protect” people who cannot protect themselves from attacks.

The resolution also calls for a ceasefire. A ceasefire with the Gadhafi regime still in control in Tripoli is a not the nightmare scenario that some commentators have suggested; rather a real ceasefire would mean civilians were not being attacked and it would present a critical opportunity for diplomacy. Some political leaders have insisted that Mr. Gadhafi must go – they are free to voice that preference, and many who favour democracy will agree, but the Security Council resolution does not mandate them to pursue that end.

If the current situation lacks clarity, that needs to be understood as an acknowledgement of reality rather than as a complaint against the Security Council. Civilians generally don’t need the protection of the international community in situations of clarity, or that are predictable and uncomplicated. The 2001 ICISS report anticipated this very uncertainty, assuming it to be endemic to protection operations. It anticipated that there would be “differences in objectives…in discussions over the ‘exit strategy,’ with some partners emphasizing the need to address the underlying problems, and others focusing on the earliest possible withdrawal.” The report also predicted that it would not be able to determine in advance how an intervention would finally play out: “Unexpected challenges are almost certain to arise, and the results are almost always different from what was envisaged at the outset” (p.59).

There was and still is no clarity on what the impact or consequences of the military attacks will be. Whether the international forces have been measured or excessive is certainly open to debate, and how effective they will be in stopping attacks on civilians is also not yet clear. What is clear is that until now the military action taken has been well short, and properly so, of a “war” on the Gadhafi regime.

One of the hardest things for weapons-laden Presidents and Generals to accept is that their military might does not confer on them the prerogative to pick winners and losers or to distinguish between “good guys” and “bad guys.” Such distinctions may be politically comforting, but rarely are they a true reflection of reality. Enough is known about the Gadhafi regime to know that it is not credibly in the “good guy” category, but there is not enough known about the opposition groups to know where they fit or the kind of regime that they would like to establish. All that can be said with some confidence is that it is the Libyan people who have to be given the opportunity to make the choices they want to make – and the current focus of the international forces is to try to allow them to make that choice without the threat of civilians being attacked.

Thus the objective is to prevent mass assaults on civilians and to reach a ceasefire. It is not to “win.” It is in that sense that the intervention in Libya to date is not a war and should not become a war. A “war” is the resort to military action for the purpose of determining a final outcome. In a war, political process is set aside and outcomes are to be decided by dint of force. Military action short of war is action that is not designed to determine political outcomes. It is not designed to circumvent politics; instead it is designed to make politics possible. It is designed to create conditions that allow for political processes to take place and through them determine political outcomes.

Success for the military intervention in Libya will be the prevention of further attacks on civilians and the creation of an opportunity for Libyans to seek political accommodation and politically determine the future of their country.

Most of the time it is seen that some men take the medicine from local chemist or through viagra 25 mg online pharmacies without having prescription from a healthcare provider. This starts when levitra on line respitecaresa.org the man starts to face improper erections when he is making love. Ed. teacher has a good idea as to what weight best price for viagra category a patient fits into. Erectile dysfunction occurs cialis 40 mg respitecaresa.org due to an insufficient blood flow into the penis, like happened naturally, when a man is unable to achieve or maintain an erection long enough to have sex. This very distinction between war and military force short of war was clearly made in the original R2P report by the ICISS. It said explicitly that protection operations are not to remove a government or to defeat a state but to protect people: “A critical factor which will impact on the intensity of operations is the need for cooperation from the civilian population once the immediate objective of stopping the killing or ethnic cleansing has been achieved. This means first and foremost not to conduct military actions which will result in widespread hatred against the intervening nations. To win the hearts and minds of the people under attack is presumably impossible during the attack but planning has to be done in such a way that not all doors will be closed when the armed conflict comes to an end. This means accepting limitations and demonstrating through the use of restraint that the operation is not a war to defeat a state but an operation to protect populations in that state from being harassed, persecuted or killed” (p.63).

That is wise advice. It reinforces the essential fact that the international coalition has no mandate to engineer Libya’s future. The international community has a role to play in ensuring that Libyans have an opportunity to plan their own future without suffering massive assaults and without becoming victims of crimes against humanity.

The Arab League and the African Union should both be particularly actively engaged in trying to bring the Libyan parties together in a governance arrangement that allows for a credible and participatory planning for the future.

The International Criminal Court, in a separate process, will presumably move forward in efforts to bring alleged perpetrators of crimes against humanity to justice.

If there is no possibility of protecting civilians without all-out war and regime change, then the intervention itself must be questioned. All-out war for regime change has not shown itself, from Kosovo to Iraq to Afghanistan, to create environments of safety for civilians. Under the fog of war many thousands of civilians are killed and hundreds of thousands are invariably driven from their homes. That kind of action has not been mandated by the UN.

eregehr@uwaterloo.ca

Notes

[i] The Responsibility To Protect, Report of the International Commission on Intervention and State Sovereignty. 2001. http://www.iciss.ca/pdf/Commission-Report.pdf.

 [ii] United Nations Security Council Resolution 1973 [S/RES/1973 (2011)], 17 March 2011. http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N11/268/39/PDF/N1126839.pdf?OpenElement.

Worst-case scenarios and the F-35

Posted on: March 16th, 2011 by Ernie Regehr

It’s not surprising that F-35 briefings by officials in the Department of National Defence (DND) point to growing dangers in a threatening world – that’s their job. Nor is it surprising that DND wants the most advanced fighter aircraft money can buy – it’s been that way since the Avro Arrow. Those are  understandable impulses, but how do you convert them into good security policy? At least it’s not too late to ask the question.

Among several interesting findings in the Parliamentary Budget Officer’s report[i] on the likely costs of the F-35 fighter aircraft is the unambiguous statement that, despite the Government’s announcement of the purchase, no contract has been signed, no legal obligation to buy it exists, and no financial penalty or other costs would be incurred if the decision to buy was reversed. There is therefore no reason not to revisit the mission and requirements and to consider other options.

The primary mission set out by the Government is, as it has been since the 1950s, to patrol Canadian airspace so that, together with sea and land forces, security forces can “be aware of anything going on in or approaching [Canadian] territory.” Beyond that, the forces are tasked to deter threats and respond to contingencies, in Canada and North America.

Internationally, the mission is to contribute to international peace and security and the stated requirements are open-ended: “This will require the Canadian Forces to have the necessary capabilities to make a meaningful contribution across the full spectrum of international operations [the same phrase used by the Liberal Defence Policy statement of 2005],[ii] from humanitarian assistance to stabilization operations to combat.”[iii]

And it is in imagining potential combat environments that worst-case thinking is given free rein. Combat scenarios pitch Canadian fighter aircraft against an array of state-of-the-art air defence systems as well as the very latest in fifth generation fighters – Russia’s new version being exhibit number one of the kind of thing Canadian fighters must be prepared to face.[iv]

To that are added warnings of land-attack cruise missiles (LACM). The US Air Force says, for example, that “the cruise missile threat to US forces will increase over the next decade. At least nine foreign countries will be involved in LACM production during the next decade, and several of the LACM producers will make their missiles available for export.” Among them are Russia, China, India, and Pakistan[v] – and so the argument is that they could spread and could potentially be fired from off-shore aircraft at targets in Canada and other theatres of operation, with very sophisticated fighter aircraft a primary defence.

Such scenarios, which officials set out in much greater detail, in turn lead to a list of what DND calls “High Level Mandatory Capabilities,” a series of operational characteristics or capabilities that it says the next fighter aircraft must possess to meet all contingencies. There are at least eleven such features, eight of which, says DND, can be met by “fourth generation aircraft,” like the current CF-18:

  • Range: A specific range is not mentioned, but it “must be capable of flying long distances” without air-to-air refuelling;
  • Air-to-air refuelling: In-flight refuelling is nevertheless required to extend that range in certain instances;
  • Speed: Again, no specifics, except to say that it must be capable of intercepting other fighter and bomber aircraft;
  • Endurance: Must be capable of “combat air patrol” within “a range of geographical locations”;
  • Deployable: Similarly it must be capable of being deployed globally “in a full range of geographic, environmental, climatic and threat conditions”;
  • Intelligence, surveillance and reconnaissance: The new fighter is to have “superior” capability in each of these “during and following the deployment of weapons”;
  • Weapons: It must be capable of firing a “range of air-to-air and air-to-surface weapons in all weather conditions, day and night, in threatening and non-threatening environments”;
  • Growth potential: It must be capable of receiving upgrades to enhance operation capabilities, as well as survivability and interoperability.

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But there are three additional characteristics, says DND, which can be met only by fifth generation fighters, i.e. the F-35:

  • Survivability: “The aircraft must be capable of defending itself and its crew by employing a range of self-defence technologies and minimizing the risk of detection, engagement and damage in threatening environments” – meaning stealth.
  • Interoperability: “The aircraft must be capable of effectively operating in joint (land, sea and aerospace) and combined environments with Canada’s allies.”
  • Sensors and Data Fusion: “The aircraft must be capable of accurately detecting, tracking, identifying, prioritizing, engaging and assessing a range of air-to-air and air-to-surface contacts in all weather conditions, day and night, in permissive and non-permissive environments.”

So, there we have the constructed context – an expansive statement of threat and an ambitious definition of requirements. It is the job of security planners to prepare for the unforeseen, but to get a true picture of risk, threat needs to be tempered by probability. And to get a true picture of need, requirements need to be balanced by competing calls on resources.

So, how probable are the threats? What is the likelihood that Canada will or should be drawn into foreign high density combat environments against the most advanced of military capabilities? One way to answer that question is to ask how often that has happened in the past 30 years (during the life of the CF-18s) – and the answer is never. In fact, fighter aircraft are rarely deployed abroad by Canada, not because they haven’t been available, but because fighter aircraft have little utility in expeditionary peace support operations. Indeed, Canada’s CF-18 fighters, have been deployed beyond Canada’s borders on only four occasions: 1) 26 were deployed to the 1991 Gulf War; 18 to the 1999 NATO operations in Serbia/Kosovo; in 1997 six CF-18s did a three-month tour out of Aviano, Italy to conduct air patrols over Bosnia in support of NATO ground forces and to protect airborne warning and control aircraft; and in June 1998 six CF-18s went to Aviano to support peacekeeping forces in Bosnia.[vi] In none of those instances did they face sophisticated air defence capabilities or fighter aircraft [nor is that the case in Libya today (27 March 2011)].

What is the likelihood of Canada facing attacks in North America by the most advanced military capabilities? It certainly didn’t happened in the past 30 years, and the likelihood of it happening in the foreseeable future is even less – given that those dazzlingly effective fifth generation Russian fighters are now on our side. The primary airborne threat we do face comes largely in the form of small civilian aircraft carrying contraband. In effect, the day-to-day activity of NORAD, the Canada-US organization that monitors the air approaches to Canada, is to lend aid to the civil authorities in their drug interdiction efforts. Similarly, the more extensive operations related to the Olympic and the G8-G20 meetings were also assistance to civil authorities.

What are the opportunity costs of buying aircraft at a minimum of $150 million per copy, plus twice that much to operate them for 30 years?[vii] Prudent security planning ought at least to ask what peacebuilding capabilities and diplomatic resources could be financed, even by the equivalent of the cost difference between fourth generation and fifth generation fighter aircraft.

As argued in this space before,[viii] ongoing monitoring of Canadian airspace is certainly essential, as is the capacity to physically confront and intercept isolated intruders. But a wealth of experience tells us that the threats to and from within our national airspace can be met with a reliable surveillance and modest interception capability.

The current Government’s preference for “fifth generation” capability does not translate automatically into need. Domestic surveillance and air defence notably do not require stealth or other advanced capabilities. Internationally, Canada is in a position to decide what kinds of missions to pursue – indeed it must be highly selective since we obviously can’t do everything. There are many other non-military and military ways for Canada to make significant contributions to international peace and security.

At the very least, we need a thorough debate – and the report of the Parliamentary Budget Office confirms that it’s not too late. 

eregehr@uwaterloo.ca

Notes

[i] An Estimate of the Fiscal Impact of Canada’s Proposed Acquisition of the F-35 Lightning II Joint Strike Fighter (March 2011).  http://www2.parl.gc.ca/sites/pbo-dpb/index.aspx?Language=E.

[ii] “A Role of Pride and Influence in the World: Defence,” Department of National Defence, 2005, p. 26.

[iii] Canada First Defence Strategy, Department of National Defence, Ottawa. http://www.forces.gc.ca/site/pri/first-premier/index-eng.asp.

[iv] Steve Gutterman,“New Russian stealth fighter makes first flight,” Reuters, Moscow, 29 January 2010. http://www.reuters.com/article/2010/01/29/us-russia-fighter-idUSTRE60S0UW20100129.

 [v] “Ballistic and Cruise Missile Threat,” National Air and Space Intelligence Center, Wright-Patterson Air Force Base, 2009. Available at: http://www.fas.org/programs/ssp/nukes/NASIC2009.pdf.

 [vi] As documented by Dan Middlemiss in “A Military in Support of Canadian Foreign Policy: Some Fundamental Considerations,” Centre For Foreign Policy Studies, Dalhousie University, Halifax, Nova. http://www.cdfai.org/PDF/A%20Military%20In%20Support%20of%20Canadian%20Foreign%20Policy%20-%20Considerations.pdf.

 [vii] An Estimate of the Fiscal Impact of Canada’s Proposed Acquisition of the F-35 Lightning II Joint Strike Fighter (March 2011).  http://www2.parl.gc.ca/sites/pbo-dpb/index.aspx?Language=E.

 [viii] http://disarmingconflict.ca/2010/10/14/the-f-35-canada%e2%80%99s-air-defence-needs-compared-with-what/.

The Gang of Four on Nuclear Deterrence

Posted on: March 12th, 2011 by Ernie Regehr

Having written several times in support of efforts toward a world without nuclear weapons, four once prominent leaders in US security affairs – George Shultz, William Perry, Henry Kissinger, and Sam Nunn – have now turned their attention to deterrence.

This “gang of four,” as they’ve become known, first appeared together in the pages of the Wall Street Journal in January 2007, where they shocked the world, but in a good way, with a strong message in support of the basic goal of a world without nuclear weapons: 

“Reassertion of the vision of a world free of nuclear weapons and practical measures toward achieving that goal would be, and would be perceived as, a bold initiative consistent with America’s moral heritage. The effort could have a profoundly positive impact on the security of future generations. Without the bold vision, the actions will not be perceived as fair or urgent. Without the actions, the vision will not be perceived as realistic or possible.”[i]

Over the years they have repeated and elaborated on that message, and this week they focused in on the need to maintain nuclear deterrence while the international community reshapes security relationships and paradigms and while it pursues the final elimination of nuclear weapons:

“[A]s long as nuclear weapons exist, America must retain a safe, secure and reliable nuclear stockpile primarily to deter a nuclear attack and to reassure our allies through extended deterrence. There is an inherent limit to U.S. and Russian nuclear reductions if other nuclear weapon states build up their inventories or if new nuclear powers emerge.”[ii]

This straightforward affirmation of deterrence is a serious disappointment to many who had celebrated the conversion of these four security potentates into nuclear abolitionists, and rightly so. It surely is an acute form of political and imaginative bankruptcy when, having concluded that absolutely no use of a nuclear weapon could ever be justified, we still find it necessary to assert that global stability requires us to threaten to do what must never be done.

Furthermore, the term “reliable nuclear stockpile” is now the preferred euphemism in American security discourse for the “modernization” of nuclear weapons – so it seems as if Messers Shultz, Kissinger, Perry, and Nunn have taken rather a giant step backwards.

But that is not an entirely fair charge. Their assertion that as long as anyone else has nuclear weapons the US is likely to retain them is, like it or not, a basic reality – and will so unless there is a rather dramatic change in the US political/security environment. Some Republicans already descry President Obama’s current nuclear disarmament initiatives as the emasculation of America. If other states, like India and Pakistan, continue to increase their arsenals, or if new nuclear weapon powers emerge, say Iran, we can expect that virtually all mainstream political support for continued reductions to the American arsenal, never mind its elimination, will disappear.

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They also call for the development of positive security assurances among states:

“Progress must be made through a joint enterprise among nations, recognizing the need for greater cooperation, transparency and verification to create the global political environment for stability and enhanced mutual security.”

In fact, the transformation of the international security order is a powerful theme for them: “A world without nuclear weapons will not simply be today’s world minus nuclear weapons.” Nuclear deterrence thus will remain, not a necessary presence, but an unfortunate and likely presence until that transformation becomes into clearer focus.

 eregehr@uwaterloo.ca

Notes

[i] George P. Shultz, William J. Perry, Henry A. Kissinger and Sam Nunn, The Wall Street Journal, January 4, 2007. http://www.2020visioncampaign.org/pages/336.

[ii] George P. Shultz, William J. Perry, Henry A. Kissinger and Sam Nunn, “Deterrence in the Age of Nuclear Proliferation: The doctrine of mutual assured destruction is obsolete in the post-Cold War era..,” the Wall Street Journal, 7 March 2011. http://online.wsj.com/article/SB10001424052748703300904576178760530169414.html.

A quarter-century of warfare

Posted on: February 27th, 2011 by Ernie Regehr

Between July 30 and August 4 this year, fighters of the Democratic Forces for the Liberation of Rwanda and elements of the Mai Mai, a local militia, entered Luvungi and surrounding villages in the Democratic Republic of Congo (DRC) and, in one extended weekend, raped 150 to 200 women and children, including a number of baby boys. They then looted the area and moved on.[i]

News of the assaults did not reach international media outlets until weeks later, and when the UN then investigated, it established that the number of rapes in the reported incidents was actually 242. However, investigators also learned of another 267 rapes in the district that had not been previously reported.[ii]

The context was the ongoing civil war in the DRC, but somehow the term “war” doesn’t come close to capturing the scale of horror of Luvungi. The rapes are beyond extreme by any measure, but as part of the chaos and fighting that have engulfed the DRC since 1990, the Luvungi victims represent but the tiniest fraction of the war’s human toll. Five million deaths in the DRC are directly attributable to the war. Hundreds of thousands have been raped; untold millions are internally displaced. According to UNICEF, there are more than four million orphaned children in the DRC.[iii]

Contemporary war is largely “unofficial” and often unacknowledged. It is rarely declared; flags and bugles don’t herald its approach. The march to war is replaced by the gradual (or sometimes rapid) disintegration of order in severely troubled societies and the inexorable descent into political and criminal public violence.

Indeed, “public violence” may well be the more apt, though still emotionally inadequate, term for many of today’s armed conflicts. Public violence is invariably linked to longstanding social and political grievances that remain chronically unaddressed and are allowed to fester and undermine confidence in public institutions and processes. In turn, widespread rejection of public institutions is transformed into lawlessness and armed violence when ignored grievances are joined by a ready access to small arms – the pre-eminent hardware of public violence.

When a state finds itself in that deadly combination of circumstances – pervasive grievance, loss of confidence in government, and abundant supplies of user-friendly small arms – it finds it difficult to avoid the descent into chaos and the public violence that must finally be recognized as war.

Counting the wars

Since 1987 Project Ploughshares[iv]  has been tracking global armed conflicts and issuing annually an Armed Conflicts Report. In 1987, there were 37 wars taking place on the territories of 34 states – Indonesia, the Philippines, and Iran were each the scene of two separate armed conflicts. Twenty-three years later, 2009 ended with a total of 28 wars on the territories of 24 countries – with the Philippines and Sudan both the scene of two separate wars, while Indian territory hosted three armed conflicts.

That is a welcome 25 per cent drop in the number of active armed conflicts, but it is a decline that masks a dynamic quarter-century of public violence and war in which many new wars began as others were ending.

In addition to the 37 conflicts under way in 1987, 44 new conflicts broke out in the ensuing 23 years, for a total of 81 separate wars during this period. Of those, 58 were resolved, but in 11 of those cases the peace didn’t last and war resumed (of the 11 resumed wars, six subsequently ended). All told, the planet thus hosted a total of 92 wars during the last quarter-century.

Not only do some conflicts reignite, but wars generally last a long time. Fully one-third of the conflicts under way in 1987 remain active today. Of the current 28 conflicts, only six are less than a decade old. Six have been under way for more than three decades, another seven more for more than two decades, and nine for more than one decade.

When public violence means war

While war is eminently recognizable, defining it is not so simple. Because contemporary wars are not declared and because, in most cases — especially civil/intrastate wars — they do not follow from a clear or official decision to go to war, it is often not at all obvious whether a country is “at war” or not. So, any effort to count wars must obviously include the application of some reasonably objective, measurable criteria for determining when a war begins and when it ends.

The tabulation of wars for the annual Ploughshares Armed Conflicts Report [v] is based on three basic characteristics:

  • It is a political conflict;
  • It involves armed combat by the armed forces of a state or the forces of one or more armed factions seeking a political end, such as gaining control of all or part of the state,
  • At least 1,000 people have been killed directly by the fighting during the course of the conflict.

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In many contemporary armed conflicts the fighting is intermittent and involves widely varying levels of intensity. Afghanistan and Iraq experience persistent and ongoing armed clashes and attacks. Rwanda went from political tension to unprecedented levels of violence and back down again in a relatively short period of time. The wars in the Philippines and Burundi are examples of ongoing but relatively low-level conflicts, with annual combat deaths now often as low as about 100 – but, of course, with political, economic, and social disruption well out of proportion to the intensity of action on actual battlefields.  

The definition of “political conflict” obviously cannot be technically precise. Nevertheless the distinction between political and criminal violence is significant and discernable. There are clear instances in which escalating violence that is clearly criminal becomes so extensive that it takes on significant political overtones and complications. The Mexican drug “war” is perhaps the most prominent case in point. The fundamental dispute is clearly not political – it is a matter of organized crime – but the impact on the country and on Mexico’s relations with its neighbours, including the US, is such that it engages government at the highest level, as well as the armed forces of Mexico.  

Still, criminal violence remains distinct from the armed conflict of war, and Mexico is not included in the Ploughshares count of current wars. Criminal organizations employ violence in the pursuit of profit, not in pursuit of a political program. And while groups engaged in politically driven combat often pursue criminal activities for economic gain, the more basic objective of such groups, and the basic point of the violence they practice, is still the pursuit of military and political goals[vi].

Types of war

A relatively simple typology of armed conflict relies on four basic categories: international or interstate war plus three overlapping types of intrastate war (state control, state formation, and state failure).

Interstate wars

An interstate war is a war between two or more states and, for purposes of Ploughshares reporting, must also meet the 1,000-combat-death criterion. Though rare, international wars are not yet banished from history. But the distinction between interstate and intrastate violence is often obscured. Interstate wars are frequently fought on the territory of just one of the states in the conflict –as in the 2001-2002 US-led attack on Afghanistan and the 2003 US-led attack on Iraq. On the other hand, it is obviously also the case that virtually all civil or intrastate wars include extensive international involvement.

Intrastate wars

There are three basic types of intra-state conflicts.

State control wars obviously centre on struggles for control of the governing apparatus of the state. State control struggles are typically driven by ideologically defined revolutionary movements or decolonization campaigns, or are simply the means by which power transfers from one set of elites to another. In some instances, communal and/or ethnic interests are central to the fight to transfer power; in other instances religion becomes a defining feature of the conflict; and in others the differences are more ideological.

State formation wars centre on the form or shape of the state itself and generally involve particular regions of a country fighting for a greater measure of autonomy or for outright secession. Communal ethnic or religious claims are frequently an element of such wars.

Failed state wars are conflicts that are neither about state control nor state formation, but are focused on more local issues and become violent in the absence of effective government control. The primary failure is in the lack of government capacity, or sometimes will, to provide minimal human security to groups of citizens. Pastoralist communities in East Africa, for example, usually live well beyond the reach of the state. There are virtually no state security services or institutions present and no political means of mediating disputes over cattle raiding or access to grazing lands and water. Communities come into conflict; with access to small arms, an escalation of violence is almost inevitable. While the violence is political, it is over local issues and none of the parties has state-control or state-formation objectives. Such conflicts are included in the Ploughshares count when the threshold of 1,000 combat deaths is reached.

Of the 81 wars that occurred during the last 23 years, 51 per cent included state control objectives, 35 per cent included state formation objectives, 25 per cent reflected failed state conditions, and 11 per cent included interstate dimensions.[vii]

How wars end

No fewer than 64 wars ended during the past 23 years. In five cases governments defeated rebels or insurgents. In four cases the insurgents prevailed on the battlefield and had their demands met.

Thirty-three conflicts (52 per cent) ended through negotiated settlements. This does not mean that what happened on the battlefield was not a significant factor in shaping the outcome. Military force certainly influenced or even determined the outcomes of negotiations. For example, in many cases rebel groups would never have gained a place at a negotiating table without an armed campaign. But negotiators took over and reached a political conclusion.

In the remaining 22 cases (34 per cent), the fighting essentially dissolved. While the conflicts were not resolved, the fighting gradually dissipated. In Guinea, for example, fighting by the Revolutionary United Front was supported by Liberia, but Guinea gradually persuaded both Liberia and Sierra Leone to end their support of the rebels, leading to a gradual decline in violence.

War prevention a collective responsibility

It is tempting to blame the current and still high levels of internal or intrastate wars on the inability of states to build conditions that serve the social, political, and economic welfare of their people. But those failures to achieve human security at the national level are heavily shaped by external factors, notably the creation of international economic and security conditions that shift benefits prominently toward dominant economic and military powers.

Thus war prevention, including the prevention of civil wars, is a collective international responsibility. And a world in which 28 wars still rage, and in which the rapes of Luvungi are not an isolated horror, is a world that is not close to meeting its responsibility.

(From the Winter 2010 Ploughshares Monitor.)

Notes

[i] Kaufman, Stephen. 2010. Clinton – Rape of civilians was ‘horrific attack’. AllAfrica.Com, August 26. http://allafrica.com/stories/201008270260.html.

[ii] The Globe and Mail. 2010. Prosecute to help stop rape in Congo. Editorial, September 4. http://www.theglobeandmail.com/news/opinions/editorials/prosecute-to-help-stop-rape-in-congo/article1700260/?cmpid=rss1.

[iii] More information about the number of rapes and orphans can be found on the UNICEF website: http://www.unicef.org/infobycountry/drcongo.html.

[iv] Armed Conflicts Report 2009. http://www.ploughshares.ca/libraries/ACRText/ACR-TitlePage.html.

[v] Defining armed conflict. http://www.ploughshares.ca/libraries/ACRText/ACR-DefinitionArmedConflict.htm.

[vi] Ballentine, Karen & Heiko Nitzschke. 2005. The Political Economy of Civil War and Conflict Transformation. Berghof Research Center for Constructive Conflict Management. 2005. http://www.berghof-handbook.net/documents/publications/dialogue3_ballentine_nitzschke.pdf.

[vii] The total is more than 100 per cent because 12 conflicts involved a combination of types.