Pinioning the Peacekeepers: Sovereignty, Host-State Resistance against Peacekeeping Missions, and Violence against Civilians

Author(s):  
Allard Duursma

Abstract Why and how do host-states resist contemporary peacekeeping missions? This article puts forward the argument that host-state resistance against peacekeepers is a strategy to balance challenges to the internal and external faces of a civil war state's sovereignty. Government officials might see an intense counter-insurgency campaign as an effective way to regain the monopoly on violence and thus strengthen the internal sovereignty of the state, but this will often lead to criticism from the international community and thus also lead to an erosion of the external sovereignty of the state. Conversely, the acceptance of a peacekeeping mission can strengthen a civil war state's external sovereignty as this acceptance signals a willingness to manage armed violence, but the deployment of peacekeepers is at the expense of internal sovereignty as it often limits the ability of government troops to conduct their counter-insurgency efforts. States can resolve this dilemma by accepting a peacekeeping mission to prop up their external sovereignty, but at the same time trying to limit the effectiveness of peacekeepers in those areas where peacekeeping activities potentially interfere with the efforts of government troops to regain the monopoly on the use of violence. The article zooms in on how the Sudanese government accepted the deployment of the United Nations–African Union Peacekeeping Mission in Darfur (UNAMID), but at the same undermined its civilian protection efforts, though other cases are considered as well.

2021 ◽  
pp. 1-31
Author(s):  
Kasaija Phillip Apuuli

Abstract Since the end of the revolution that toppled the rule of Muammar Qaddafi in October 2011, Libya has never known peace. The country descended into civil war with different factions contending for control. In this milieu, the United Nations attempted to mediate an end to the crisis but its efforts have failed to gain traction partly as a result of other mediation initiatives undertaken by several European actors. Sub-regional and continental organizations, including the Arab Maghreb Union (AMU) and the African Union (AU) respectively, that should have taken the lead in the mediation have been absent. Meanwhile, continued fighting has hampered a mediated settlement, and terrorist groups such as the Islamic State (IS) and al-Qaeda have taken advantage of the situation to establish a presence in the country. In the end, rather than ending the crisis, Libya has provided the ground for competing mediation processes which have prolonged the crisis.


Author(s):  
Waseem Ishaque

Peacekeeping has become a far more complex and multifaceted phenomenon due to the emerging non-traditional security threats and the changing nature of intrastate conflicts. This paper focuses on the evolving trends in peacekeeping operations and illuminates the transition from 'traditional‘ to a 'robust‘ and 'hybrid‘ peacekeeping model. In doing so, the paper presents the hybrid United Nations and African Union (UN-AU) peacekeeping model as a pilot project in Darfur. It further highlights the extent to which the model proved to be effective and inclusive, and secured financial and troop-contributing obligations jointly by the UN and AU. Furthermore, understanding the dialectics of 'traditional‘ and 'hybrid‘ peacekeeping operations has been analyzed through positive peace. Overall, the article highlights the essential contours of United Nations–African Union Mission in Darfur (UNAMID) transition from AMIS and inquires its contribution towards peacebuilding and developing the state institution, thus ensuring sustainable peace and stability.


2015 ◽  
Vol 19 (1-2) ◽  
pp. 56-87
Author(s):  
James Sloan

In February 2014, the United Nations Department of Peacekeeping Operations produced a Strategic Review of the troubled United Nations-African Union Hybrid Operation in the Darfur region of Sudan (unamid). The Strategic Review faults many aspects of the operation; however, it finds that its mandate is the correct one, concludes that its staffing levels are sufficient and warmly welcomes what it sees as an improved relationship with the Sudanese government. This report may be contrasted with a Foreign Policy investigation published in April 2014, where journalist Colum Lynch provides an unvarnished analysis of the operation. Relying on documents leaked by Aicha Elbasri, former Spokesperson for unamid, the Foreign Policy investigation describes a troubled operation, failing in many of its tasks and mistrusted by parts of the populace. The Foreign Policy investigation portrays a force that routinely downplays or covers up its shortcomings and under-reports violence by the host state government against Darfuri civilians and unamid itself. It is argued that the functioning of unamid provides a vivid illustration of the difficulties associated with a militarised peacekeeping operation, especially when it is emplaced in a country that never wanted it there in the first place.


2018 ◽  
Vol 56 (1) ◽  
pp. 73-87 ◽  
Author(s):  
Tobias Böhmelt ◽  
Vincenzo Bove ◽  
Kristian Skrede Gleditsch

Existing research argues that refugee inflows may increase the risk of domestic conflict, particularly civil war that, by definition, involves the state as an actor. However, many of the postulated mechanisms linking refugees to a higher risk of such conflict pertain to tensions with locals, which do not necessarily involve any grievances against government authorities. We contend that it is more likely to identify an association between refugees and non-state actor violence, that is, armed violence between organized non-state groups, neither of which pertains to the state. We also claim that the extent to which refugees are associated with a higher likelihood of non-state conflict depends on the capacity of governments to manage and mitigate risks. We report evidence that refugee populations can be linked to an increased risk of non-state conflict, as well as for a mitigating effect of state capacity on the risk of non-state conflicts in the presence of refugees. We do not find a clear effect of refugee populations on civil war, suggesting that the link depends on existing conflict cleavages relevant to mobilizing refugees or locals. Our research helps to shed light on the relevant security consequences of managing refugee populations. Despite the common arguments portraying refugees as security risks in developed countries, the risk of non-state conflict applies primarily to weak states that have been forced to shoulder a disproportionate burden in hosting refugees.


2020 ◽  
Vol 6 (1) ◽  
pp. 150-171
Author(s):  
Bayu Miantoro

The United Nations Convention against Corruption (UNCAC) provides states with the opportunity, by means of their national criminal law, to criminalize a number of diverse corruptive behaviors, inter alia, illicit enrichment. By using a legal normative approach, the author discusses the chances and obstacles Indonesia face when introducing illicit enrichment as a crime alongside other crimes regulated in the Law on (the eradication of) corruption and law re.  Money laundering.  Apparently the primary aim to criminalize illicit enrichment through the national criminal law is to provide the state with a legal instrument to recover assets the result of corruption or money laundering.  Attention should be given, however, on a number of obstacles coming from the interpretation of presumption of innocence principle and exiting regulation on the obligation for government officials to report their assets.


2012 ◽  
Vol 20 (1) ◽  
Author(s):  
Hassan Nur Halane

There has been a civil war in Somalia ever since the central government collapsed in 1991 which means there has been more then twenty years of domestic violence. To stop the fight, the United Nations Missions and other forces authorised by the UN Security Council have been deployed to Somalia such as the United Nations Operations (UNOSOM) and United Task Force (UNITAF), but none of those missions and forces have bore fruit and the civil war in the country has not come to an end. Furthermore, United Nations thought it has failed militarily whatever caused in Somalia but politically it has been present because immediately after its withdrawal from the country United Nation Office in Somalia (UNPOS) was established in 1995 in neighboring country in Kenya. However, in 2006 the situation deteriorated further when there was a bloody conflict between Islamic Courts and the Transitional Federal Government (TFG) heavily supported by Ethiopia which later resulted in military defeat of the former and two years presence of Ethiopian contingent in Somalia. Consequently, the situation came under the spotlight of African Union which later established African Union Mission in Somalia (AMISOM) which is currently operating in Somalia with the approval of the UN Security Council under its Resolution 1744. The idea of creating AMISOM is to assist (TFG) as well as to promote peace and stability in Somalia. 


2013 ◽  
Vol 4 (1) ◽  
pp. 47-80 ◽  
Author(s):  
Siobhán Wills

Since the end of the Cold War United Nations (UN) authorised peacekeeping missions have tended to be not only more complex, but also much more interventionist and more robust than could ever have been imagined in the early days of peacekeeping.1 However, because peacekeeping is not explicitly provided for under the UN Charter, and has developed ad hoc in response to changing perceptions as to the nature of the role and responsibilities of peacekeeping missions, it is often unclear what laws are applicable to peacekeeping missions and when those laws apply. This paper explores the implications of that lack of clarity, focusing in particular on gaps in the international law regulating the conduct of peacekeepers. The author argues that the current approach, whereby prosecution for crimes committed by peacekeepers is dealt with primarily through the domestic law of the Troop Contributing State, is unsatisfactory, and is likely to remain unsatisfactory despite efforts to persuade Contributing States’ to establish the legal and administrative frameworks necessary to prosecute and punish their troops for crimes committed outside their territorial borders. A convention based regime specifically tailored to ensuring that peacekeepers are held accountable to internationally agreed standards would be the most effective way of enabling the UN to comply with the rule of law standards it itself espouses.2 Such a regime would enable the UN to retain legitimacy internationally and in the eyes of the communities where missions are deployed. In addition the UN should expand its Office of Internal Oversight Services to encompass a dedicated fully resourced criminal justice unit.3 Arguably the accountability gap in relation to non-military personnel is even greater than for military personnel since, although troops generally have complete immunity from prosecution in the host State under a Status of Forces Agreement, they are normally covered by their home State’s military justice system; whereas non-military personnel have functional immunity in the Host State, under the Convention on the Privileges and Immunities of the United Nations,4 but may not be subject to the jurisdiction of their home State at all whilst they are deployed abroad.5 However not all Troop Contributing States have independent codes of military justice operating in peacetime, and in those countries that do not, responsibility for punishing any wrong-doing by military personnel falls to the ordinary courts and disciplinary bodies.6 In addition some countries have removed serious crimes that violate human rights from the jurisdiction of military courts.7 But even where military personnel are subject to their home State’s military justice system, and it covers the crime in question, Troop Contributing States are often reluctant to prosecute.8 Since the track record on holding UN troops accountable for crimes and other serious misconduct remains poor; and since the majority of allegations of crimes and misconduct reported in the press continues to be against soldiers; and since soldiers outnumber other personnel in UN operations by a wide margin,9 this paper focuses in particular on military personnel.


2016 ◽  
Vol 3 (1) ◽  
pp. 115-131
Author(s):  
Mbuzeni Mathenjwa

The place and role of local government within the structure of government in Africa has attracted much public interest. Prior to and after independence, African countries used local government as the administrative units of central governments without their having any legal status, to the extent that local authorities were under the strict control of central governments. The autonomy of local government is pivotal in the democratisation of a country. The United Nations, European Union and African Union have adopted treaties to promote the recognition and protection of local government in the state parties’ constitutions. Accordingly, this article explains the status of local government in Africa and its impact on strengthening democracy in African states.


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