International Recognition, Compliance Costs, and the Formalities of War

Wars of Law ◽  
2018 ◽  
pp. 38-71
Author(s):  
Tanisha M. Fazal

This chapter develops the main arguments of the book, focusing on how belligerents in interstate and civil war have reacted to the development of the laws of war detailed in Chapter 2. States involved in interstate war are perversely incentivized to evade the laws of war as these laws have proliferated. Thus, they are decreasingly likely to engage the formalities of war, specifically declarations of war and peace treaties. Secessionist rebel groups fighting civil wars aim to please the international community, and therefore are decreasingly likely to declare independence formally, generally likely to avoid targeting civilians, and increasingly likely to conclude peace treaties.

Wars of Law ◽  
2018 ◽  
pp. 1-10
Author(s):  
Tanisha M. Fazal

This chapter introduces the argument of the book: that the proliferation of the laws of war over the past 150 years has incentivized states to evade the laws of war, and secessionist rebel groups to engage with the laws of war. This argument will be developed via investigation of four main questions: (1) why have states stopped declaring war in their wars with each other?; (2) why have states stopped concluding peace treaties in their wars with each other?; (3) why have secessionist groups stopped declaring independence formally?; and, (4) why is there an increase in peace treaties concluding civil wars?


Wars of Law ◽  
2018 ◽  
pp. 217-242
Author(s):  
Tanisha M. Fazal

This chapter asks: why has the use of peace treaties to conclude civil wars increased in recent years? The main argument of the chapter is that the international community – which often provides critical support to both states and rebels fighting civil wars – has developed a taste for peace treaties. Rebel groups are likely to be willing to sign peace treaties because having a seat at the table accords them some legitimacy. States, while less interested in concluding peace treaties in civil wars, do so under pressure from the international community. But peace treaties are not always an inherent good in that they are not always associated with peace.


Author(s):  
Tanisha M. Fazal

This book assesses the unintended consequences of the proliferation of the laws of war. In 1856 there was one codified law of war. In 2018, there are over 70 such laws, and they place increasing constraints on belligerents. This increase has generated significant consequences for the commencement, conduct, and conclusion of both interstate and civil wars. States fighting interstate wars today prefer not to step over any bright lines where the laws of war would apply unequivocally. Thus, these states have stopped declaring war and concluding peace treaties. Rebel groups – particularly, secessionists that seek their own independent state – by contrast, have increasingly engaged with the laws of war. Secessionists are relatively unlikely to target civilians, and there is an increasing rate of peace treaty usage in civil wars that contrasts with the decline in interstate war. This research is based on two new major original datasets as well as a series of case studies, and is particularly unusual in combining analysis of interstate and civil wars.


Wars of Law ◽  
2018 ◽  
pp. 11-37
Author(s):  
Tanisha M. Fazal

This chapter makes three arguments in presenting a history of the development of the laws of war governing belligerent conduct. First, the laws of war have increased dramatically in number over the past 150 years. Second, military participation in international humanitarian lawmaking has similarly decreased dramatically. And third, the laws of war were designed by states and meant to govern interstate war; rebel groups in civil war are typically only mentioned with the purpose of denying them international legal standing. The analysis in this chapter is based on original content analysis of the commentaries to the 1949 Geneva Conventions and the 1977 Additional Protocols to the Geneva Conventions.


Daedalus ◽  
2017 ◽  
Vol 146 (1) ◽  
pp. 71-82 ◽  
Author(s):  
Tanisha M. Fazal

Most wars today are civil wars, but we have little understanding of the conditions under which rebel groups might comply with the laws of war. i ask three questions in this essay: What do the laws of war require of rebels, or armed nonstate actors (ansas)? To what extent are rebels aware of the laws of war? Under what conditions do rebel groups comply with international humanitarian law? i argue that the war aims of rebel groups are key to understanding their relationship with the laws of war. In particular, secessionist rebel groups – those that seek a new, independent state – are especially likely to comply with the laws of war as a means to signal their capacity and willingness to be good citizens of the international community to which they seek admission.


Wars of Law ◽  
2018 ◽  
pp. 131-160
Author(s):  
Tanisha M. Fazal

This chapter investigates the declining use of peace treaties to conclude interstate war. The main argument of the chapter is that states have reacted to the proliferation of the laws of war by evading the formalities of war, including the use of peace treaties to end wars. The chapter’s findings support this argument, as well as extensions including the hypothesis that states that violate the laws of war during conflict are especially unlikely to conclude peace treaties. The chapter ends with a discussion of the relationship between declarations of war and peace treaties in interstate war, and finds that the use of these two formalities is highly correlated.


Author(s):  
Lesley-Ann Daniels

Abstract Governments grant amnesties to rebel groups during civil wars and this is a puzzle. Why would the government offer an amnesty, which can be interpreted as a signal of weakness? In certain circumstances, offering amnesty is a rational policy choice. Governments should give amnesties when they are winning: the risk of misinterpreted signals is lessened, costs are low, rebel groups are weakened, and so amnesty can be used instrumentally to encourage defection or division among foot soldiers or as an incentive to leaders. Therefore, the government capitalizes on its military advantage and offers amnesty in a “stick then carrot” tactic. Using a database of amnesties during conflicts from 1990 to 2011, the article shows that governments are more likely to give amnesties following high rebel deaths. The use of amnesty during conflict is nuanced and context is important when understanding strategic choices.


2018 ◽  
Vol 56 (2) ◽  
pp. 306-315 ◽  
Author(s):  
Carmela Lutmar ◽  
Lesley G Terris

Leaders and leadership changes are found to influence states’ foreign policy decisions, in particular with respect to war and peace between states. Although this issue is also addressed in the qualitative literature on intrastate wars, the influence of leadership turnovers in civil war has received limited systematic attention. One reason for this is the scarcity of quantitative data on rebel group leaderships. To fill this gap, we present a comprehensive dataset on leadership changes in rebel groups, 1946–2010, organized by rebel-month. The effects of leadership changes among parties engaged in civil war are argued to be more complex than those found in interstate disputes. In this article we present our theoretical argument followed by presentation of the variables in the dataset and descriptive statistics. To demonstrate the potential research value of the dataset we examine the impact of leader shifts on civil war settlement in Africa. We conclude with avenues for future research which might benefit from this dataset.


Author(s):  
Jun Koga Sudduth

Political leaders face threats to their power from within and outside the regime. Leaders can be removed via a coup d’état undertaken by militaries that are part of the state apparatus. At the same time, leaders can lose power when they confront excluded opposition groups in civil wars. The difficulty for leaders, though, is that efforts to address one threat might leave them vulnerable to the other threat due to the role of the military as an institution of violence capable of exercising coercive power. On one hand, leaders need to protect their regimes from rebels by maintaining strong militaries. Yet, militaries that are strong enough to prevail against rebel forces are also strong enough to execute a coup successfully. On the other hand, leaders who cope with coup threats by weakening their militaries’ capabilities to organize a coup also diminish the very capabilities that they need to defeat their rebel challengers. This unfortunate trade-off between protection by the military and protection from the military has been the long-standing theme in studies of civil-military relations and coup-proofing. Though most research on this subject has focused primarily on rulers’ maneuvers to balance the threats posed by the military and the threats coming from foreign adversaries, more recent scholarship has begun to explore how leaders’ efforts to cope with coup threats will influence the regime’s abilities to address the domestic threats coming from rebel groups, and vice versa. This new wave of research focuses on two related vectors. First, scholars address whether leaders who pursue coup-proofing strategies that weaken their militaries’ capabilities also increase the regime’s vulnerability to rebel threats and the future probability of civil war. Second, scholars examine how the magnitude of threats posed by rebel groups will determine leaders’ strategies toward the militaries, and how these strategies affect both the militaries’ influence over government policy and the future probability of coup onsets. These lines of research contribute to the conflict literature by examining the causal mechanisms through which civil conflict influences coup propensity and vice versa. The literatures on civil war and coups have developed independently without much consideration of each other, and systematic analyses of the linkage between them have only just began.


2015 ◽  
Vol 69 (3) ◽  
pp. 519-556 ◽  
Author(s):  
Virginia Page Fortna

AbstractHow effective is terrorism? This question has generated lively scholarly debate and is of obvious importance to policy-makers. However, most existing studies of terrorism are not well equipped to answer this question because they lack an appropriate comparison. This article compares the outcomes of civil wars to assess whether rebel groups that use terrorism fare better than those who eschew this tactic. I evaluate the advantages and disadvantages of terrorism relative to other tactics used in civil war. Because terrorism is not a tactic employed at random, I first briefly explore empirically which groups use terrorism. Controlling for factors that may affect both the use of terrorism and war outcomes, I find that although civil wars involving terrorism last longer than other wars, terrorist rebel groups are generally less likely to achieve their larger political objectives than are nonterrorist groups. Terrorism may be less ineffective against democracies, but even in this context, terrorists do not win.


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