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From Civil Strife to Civil Society

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From Civil Strife to Civil Society The United Nations University is an organ of the United Nations estab- lished by the General Assembly in 1972 to be an international community of scholars engaged in research, advancedtraining,andthedissemination of knowledge related to the pressing global problems of human survi- val, development, and welfare. Its activities focus mainly on the areas of peace and governance, environment and sustainable development, and science and technology in relation to human welfare. The University oper- ates through a worldwide network of research and postgraduate training centres, with its planning and coordinating headquarters in Tokyo. The United Nations University Press, the publishing division of the UNU, publishes scholarly and policy-oriented books and periodicals in areas related to the University’s research. From civil strife to civil society From civil strife to civil society: Civil and military responsibilities in disrupted states Edited by William Maley, Charles Sampford and Ramesh Thakur United Nations a University Press TOKYO u NEW YORK u PARIS ( The United Nations University, 2003 The views expressed in this publication are those of the authors and do not necessarily reflect the views of the United Nations University. United Nations University Press The United Nations University, 53-70, Jingumae 5-chome, Shibuya-ku, Tokyo, 150-8925, Japan Tel: þ81-3-3499-2811 Fax: þ81-3-3406-7345 E-mail: [email protected] (general enquiries): [email protected] http://www.unu.edu United Nations University Office in North America 2 United Nations Plaza, Room DC2-2062, New York, NY 10017, USA Tel: þ1-212-963-6387 Fax: þ1-212-371-9454 E-mail: [email protected] United Nations University Press is the publishing division of the United Nations University. Cover design by Andrew Corbett Printed in the United States of America UNUP-1070 ISBN 92-808-1070-7 Library of Congress Cataloging-in-Publication Data From civil strife to civil society : civil and military responsibilities in disrupted states / edited by William Maley, Charles Sampford and Ramesh Thakur. p. cm. Includes bibliographical references and index. ISBN 92-808-1070-7 1. Political violence. 2. Conflict management. 3. Civil-military relations. 4. Humanitarian assistance. 5. Peacekeeping forces. 6. Civil society. 7. Democratization. I. Maley, William, 1957– II. Sampford, C. J. G. (Charles J. G.) III. Thakur, Ramesh Chandra, 1948– JC328.6 F76 2003 341.5—dc21 2002153957 Contents Prefaceandacknowledgements....................................... ix Introduction. ........................................................ 1 William Maley, Charles Sampford and Ramesh Thakur Part 1: The problem of disrupted states.............................. 15 1 Thedimensionsofstatedisruption............................... 17 Amin Saikal 2. Theinternationalcommunityanddisruptedstates.............. 31 Paul F. Diehl 3. The prevention–intervention dichotomy: Two sides of the samecoin?......................................................... 57 Simon Chesterman and David M. Malone Part 2: Challenges for the military in disrupted states............... 81 4. Managing future chaos: The United States Marine Corps in thetwenty-firstcentury........................................... 83 Thomas E. Seal v vi CONTENTS 5. Complexemergenciesandmilitarycapabilities ................ 96 Frederick M. Burkle, Jr Part 3: Ending violence .............................................. 109 6. Violence, sovereignty and conflict resolution. ................. 111 Raimo Va¨yrynen 7. Waging peace and ending violence in the twenty-first century............................................................ 132 Cees de Rover 8. Mercyandjusticeinthetransitionperiod...................... 145 Helen Durham Part 4: Reconstituting political order................................ 161 9. Institutionaldesignandtherebuildingoftrust................. 163 William Maley 10. Democracyanddemocratisation................................ 180 Reginald Austin Part 5: Reconstituting legal order ................................... 205 11. Rebuildingtheruleoflaw....................................... 207 Mark Plunkett 12. Militaryforceandjustice........................................ 229 Michael Kelly Part 6: Reconstituting social order .................................. 255 13.TheUnitedNationsandsocial reconstruction in disrupted states.............................................................. 257 Lorraine Elliott 14. Reconstituting whose social order? NGOs in disrupted states.............................................................. 279 Fiona Terry 15. Comprehensivesecuritypartnershipsforrefugees............. 300 Sadako Ogata CONTENTS vii Part 7: Transition to civil order....................................... 307 16. Disarmamentandreintegrationofcombatants.................. 309 Samuel M. Makinda 17. Policingcivilorder................................................ 327 Adrien Whiddett 18. Afterword: Rebuilding the rule of law in the Horn of Africa . 340 Martin P. Ganzglass Listofcontributors.................................................... 351 Index................................................................... 355 Preface and acknowledgements The problems of disrupted states, and the responsibilities assumed by in- ternational civilian and military personnel in attempting to rescue the hapless peoples of such states from the perils which disruption creates, have long occupied the headlines in a range of states. The deployment in Kosovo of NATO forces, together with civilians from many countries under the auspices of a UN mission, is but the latest reminder of how challenging such responsibilities can be. This book seeks to illuminate the nature of these problems and responsibilities, and to identify some of the steps which might be taken to smooth the path from civil strife to civil society. The book had its origins in two conferences. The first was held in Canberra in July 1999 under the joint sponsorship of the Australian De- fence Studies Centre, the University of New South Wales, and the Key Centre for Ethics, Law, Justice, and Governance, Griffith University. It benefited from the active support of the Center of Excellence in Disaster Management and Humanitarian Assistance, Hawaii, and the Defence Legal Office, and backing from Tenix, Compucat, and SGI. The confer- ence formed part of a larger project, financially supported by an Austra- lian Research Council SPIRT grant. The second conference was held at the United Nations University (UNU) in Tokyo in January 2001, entitled ‘‘Partners in Humanitarian Crises’’, and organised jointly by the UNU and the Delegation of the European Commission in Japan. The chapters of this book represent revised and expanded versions of ix x PREFACE AND ACKNOWLEDGEMENTS papers prepared initially for these conferences. The authors have bene- fited both from the discussions that their individual papers generated and from the comments offered in the plenary sessions. We wish to thank the panellists at these conferences, and the other conference participants, for the rich insights that they were able to supply, and in particular, at the Canberra conference, Ms Sue Downie, Professor Jose´ Ramos-Horta, Major-General Sitiveni Rabuka, and Lieutenant-General John Sander- son. In preparing this book, we benefited from the assistance of Associ- ate Professor Anthony Bergin, Ms Sue Brown, and Dr Bob Hall of the Australian Defence Studies Centre, Dr Yeong-Han Cheong of the Key Centre for Ethics, Law, Justice, and Governance, Ms Janet Boileau of the United Nations University Press, and especially Mrs Beverley Lincoln and Mrs Sue Moss of the School of Politics, University of New South Wales. We thank them for their sterling efforts. Finally, Janet Boileau and Gareth Johnston at the UNUP handled a complex manuscript with a high level of expertise. William Maley, Charles Sampford and Ramesh Thakur Canberra, Brisbane and Tokyo, November 2002 Introduction William Maley, Charles Sampford and Ramesh Thakur Man without law is the lowest of animals – Aristotle As the Western world enters a new millennium, the seemingly settled parameters of a global politics based on the interaction of sovereign states appear increasingly threatened. On the one hand, processes of globalisation, especially in the economic sphere, have limited the free- dom of action of those political elites who do not wish to bear the costs of pursuing autarkic policies. The debate between free traders and pro- tectionists, which so marked the politics of democratic states at the beginning of the twentieth century, has for the moment been resolved – in international agreements if not always in the practice of strong states. On the other hand, however, processes of fragmentation have led to the disruption of a significant number of states or proto-states. Whether in Kosovo or East Timor, Somalia or Afghanistan, Cambodia or Bosnia and Herzegovina, Sierra Leone or Zimbabwe, the instrumentalities of the state have been compromised. Yet in a curious twist, another form of globalisation – this time a globalisation based not on market exchange but on a spreading sense that the rule of law, human security, and the ability of ordinary people to change their rulers without bloodshed are all values worth protecting – has drawn what is loosely called ‘‘the inter- national community’’ into the internal affairs of these territories. It is with some key dimensions of that involvement that the essays in this book are concerned. 1 2 MALEY, SAMPFORD AND THAKUR This involvement marks a significant departure
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