Volume 6, Number 4 January-February , 2011 PeaceOps.com Afghanistan’s Human

Security Crisis

Q&A with Ambassador

John E. Herbst

Africa Needs a New Map

JIPOJOURNAL OF INTERNATIONAL PEACE OPERATIONS The Publication of the Côte d’Ivoire: A Tale of International Stability Two Presidents Operations Association

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Contents

Volume 6, Number 4 January-February, 2011

JIPOJOURNAL OF INTERNATIONAL PEACE OPERATIONS

THE PUBLICATION OF THE INTERNATIONAL STABILITY OPERATIONS ASSOCIATION Feature | The International Code of Conduct (FORMERLY THE INTERNATIONAL PEACE OPERATIONS ASSOCIATION) Founded in 2004 as the IPOA Quarterly Anne-Marie Buzatu ISSN 1933-8189 ISBN 978-0-9826386-5-1 The ICoC: An Industy-Led, Multi-Stakeholder Initiative Founding Editor ...... J. J. Messner 09 Industry, government and other players join together to define PSC standards

Acting Editor-in-Chief..Kristen Blandford Chief Copy Editor..Caitlin Tyler-Richards Erik S. Quist Publisher…………..……..Doug Brooks Contributing Editor…….Naveed Bandali The ICoC Contemplates PSC Certification Business Manager…………Melissa Sabin 11 Why this will be good for the industry and the customer 1634 I St. NW, Suite 800, Washington, D.C. 20006, U.S.A. E-mail ...... [email protected] Web site ...... www.peaceops.com Nils Rosemann An Initiative for the 21st Century? 13 Effective provisions ensure responsibility and enhance peacekeeping Regulars | President’s Message Doug Brooks Col. Christopher Mayer (Ret.) Squandering the Potential for Success What the ICoC is Not 04 The training crunch and long-term stability 15 Some clarification on the successes and limitations of the Code.

Leader | Afghanistan Q & A | Ambassador John E. Herbst (Ret.)

Suraya Dalil and Ashraf Haidari Naveed Bandali Afghanistan‘s Human Security Crisis Coordinating Stabilization and Reconstruction 05 Balancing military and civilian efforts to secure Afghanistan 19 An Interview with Ambassador John E. Herbst

Insight | Peace, Stability and Development Regulars | Columnists

Robert S. Wells Ambassador Herman J. Cohen (Ret.) Africa Needs a New Map Côte d‘Ivoire: A Tale of Two Presidents 23 The analysis of coastal economic zones that could improve maritime security 29 A contested election strains ethnic divides and peacekeeping strides

Lieutenant General William B. Caldwell Gary Sturgess Developing Ministries and Security Forces in Afghanistan The Profit Motive 25 How NATO is securing professionalism in Afghan security forces 31 Forging the path from suspicion to public trust

Geoffrey Goldberg Regulars | Government & Legal Affairs Advancing Contingency Operations in Africa 27 How contractors can enhance peacekeeping in fragile states Peter Marocco Drone Incentives 17 Thoughts on legal incentives as new peacekeepers take to the skies

Regulars | Development ISOA Membership Directory

Development Resources The Association of the Stability Operations Association Academic and Professional A Directory of the Members of ISOA 33 Relevant academic programs, conferences and events 35 Providing a vast array of services in conflict and post-conflict environments

Copyright © 2010 International Stability Operations Association (ISOA). All rights reserved. The ISOA logo is a trademark of ISOA. The Journal of International Peace Operations (JIPO) and its logo are trademarks of ISOA. The opinions expressed herein do not necessarily represent the opinions of ISOA, its officers, Board of Directors, members or affiliates. ISOA bears no responsibility for the editorial content; the views expressed in the articles are those of the authors. No part of this publication may be reproduced in any form without permission in writing from the Editor-in-Chief.

Journal of International Peace Operations 03 Volume 6, Number 4 — January-February, 2011 President’s Message

Doug Brooks Squandering the Potential for Success

The training crunch and long-term stability

Much work still to be done in Kandahar. Photo: NATO

AILED as one of the most effective U.S. At a 2003 dinner, IPOA (as ISOA was known at police force. Little choice now remains but to play training programs to date, the African the time) hosted the Deputy Assistant Secretary of catch-up. Political impatience has forced military H Contingency Operations Training and Defense for Africa, Theresa Whelan who trainers and contractors alike to squeeze several Assistance (ACOTA) program has been in discussed the role of contractors in her Africa months of training into eight weeks – and later a operation in Africa for eight years. ACOTA, run operations. While she emphasized that her ridiculously unrealistic six weeks. The program by the Department of State, praised by many in increased utilization of contractors was a result of appears to have capable leadership, and we have Congress, and conducted by private contractors realities of the post-9/11 world where U.S. seen recent improvements and some successes, working in cooperation with U.S. military officers, military personnel who might have completed but it may be too late given the realities of has trained more than 100,000 African peacekeep- such tasks in the past were required elsewhere, she domestic U.S. politics. ers in skills that have been put to good use in highlighted the enormous value and effectiveness international peacekeeping missions in places like that contractors brought to training programs. On December 13, 2010, ISOA hosted a Liberia, Sierra Leone, Sudan and even in the Although Whelan stressed the prestige factor discussion with Lieutenant Colonel Brian Lamson, remarkably difficult and dangerous Africa Union related to direct training by uniformed military, chief Strategist for the Deputy Commander, operation ongoing in Mogadishu. especially Special Forces, she noted that Police, NATO Training Mission in Afghanistan, contractors ensure excellent quality of training by and Robert Perito, Director at the Center for African peacekeepers still require logistics and enlisting retired military or reservists as trainers. Security Sector Governance and author of The other support, but they are conducting missions Police in War: Fighting Insurgency, Terrorism, and with a level of professionalism and capability that Unfortunately, Africa is far from Afghanistan Violent Crime (with co-author David Bayley). would have been impossible just ten years ago. both geographically and politically. Too many in The 2003 Liberian intervention in particular has Congress assume that a 24 year old sergeant While the two voiced significant disagreement been an unheralded success story of U.S. temporarily assigned to a training mission has the over the training‘s objectives and the role of the peacekeeper training in Africa – training largely same skills, experience and capabilities as a 44 year police during a counterinsurgency, it was also clear provided by private contractors. old retired sergeant major who conducts that NATO has built a curriculum with appropri- international training full time for a private firm. ate lessons, as well as an especially laudable Worse, setbacks stemming from the complexities emphasis on working with the Afghan govern- and confusion of international coordination have ment and training local trainers for a sustainable Doug Brooks is President of the International Stability Operations Association. squandered years that could have been put to program. Resources are short, but the biggest Contact Doug at [email protected]. good use in training a professional military and  30

Journal of International Peace Operations 04 Volume 6, Number 4 — January-February, 2011 Afghanistan | Leader

Suraya Dalil and Ashraf Haidari Afghanistan’s Human Security Crisis

Balancing military and civilian efforts to secure Afghanistan

The human side of security. Photos: Luke Powell/UN

EADLINES of civilian or military deaths One of the key reasons for this disparity in media security measures, or ―freedom from fear.‖ due to armed conflict dominate much of coverage is the fact that defense spending H Afghanistan war reporting. As tragic as continues to outstrip spending on development. Much of the remaining 20 percent of international these deaths are, their numbers pale in compari- In other words, protective security is often aid devoted to civilian assistance bypasses the son with the loss of lives due to other reasons, prioritized at the cost of human security, even Afghan government and is instead sapped by a such as maternal deaths and infant mortality. though the two are inextricably intertwined, multitude of parallel mechanisms that take 80 particularly in Afghanistan with a sizeable percent of civilian aid resources, leaving the About 2,000 international troops, mostly from the population of vulnerable groups. Afghan government with at most 20 percent of United States, have lost their lives since 2001 in the leftovers. To make matters worse, more than Afghanistan. About 3,000 civilians were killed in Conservatively speaking, more than 60 percent of 15 percent of this is earmarked to be spent on the first six months of 2010, while about 20 insurgents in Afghanistan are rented fighters, or donors‘ projects of choice. Afghan policemen and soldiers die every day ―10-dollar-a-day Taliban‖ who, for a lack of trying to secure the country against a brutal livelihood to support their families, have been This immense imbalance between security and insurgency that is maintained outside our borders. recruited by regional terrorist networks. development, or civilian aid versus military assistance, also contributes to the Afghan In contrast, more than 50,000 Afghans die But what do we mean by human security? Unlike government‘s continued weaken state. In effect, annually due to a lack of human security. Newly protective security, human security is far more the Afghan government receives a very small born babies, children under the age of five and than the absence of violent conflict. It encom- amount of discretionary funding, not even enough mothers constitute the bulk of these lives that can, passes human rights, good governance and access to reform a ministry. and must, be saved. Unfortunately, these silent to economic opportunity, education and health deaths do not grab Afghan or international care. It is a concept that comprehensively Therefore, a proportionally small amount of headlines. Why is this and what can be done about addresses both "freedom from fear" and civilian aid, coupled with ineffective aid delivery it? "freedom from want." mechanisms, has perpetuated weak governance and catalyzed petty corruption in Afghanistan‘s Even though a lack of ―freedom from want‖ may deeply insecure human environment. Conse- be forcing some 60 percent of insurgents to fight quently, these overlooked problems continue Dr. Suraya Dalil is Afghanistan’s Acting Minister of Public Health, and Ashraf Haidari is the Chargé d'Affaires of for daily pay, a whopping 80 percent of interna- bolstering the regional and transnational the Embassy of Afghanistan in Washington D.C. tional aid resources are spent on protective  06

Journal of International Peace Operations 05 Volume 6, Number 4 — January-February, 2011 Leader | Afghanistan

 05 | Afghanistan’s Human Security Crisis | Suraya Dalil and Ashraf Haidari dimensions of instability in the country. subscribers increased to 21 percent of the vision. population by 2006, well on track to reach the The international response to underinvestment in target of 50 percent by 2015. The Basic Package of Health Services (BPHS), development came in 2000 when world leaders implemented by the Ministry of Public Health, adopted the Millennium Development Goals In spite of Afghanistan‘s strong economic and the National Solidarity Program (NSP), (MDGs) – a set of 8 development-related goals – progress, per capita income in the country managed by the Ministry of Rural Rehabilitation to be achieved by 2015. The MDGs provide a remains the lowest in the region. and Development, are the prime examples of the framework for the international cooperation Afghan government‘s successful national towards a common aim, ensuring that human Only 27 percent of Afghans have access to safe programs that focus on the basic yet very critical security reaches everyone, everywhere. Because drinking water, 12 percent to adequate sanitation needs of the rural population. Afghanistan endorsed the Millennium Declaration and just 9 percent to electricity. More than 40 in 2004, the deadline for reaching its country- percent of the Afghan population remains These two national programs cover more than 80 specific goals was set at 2020. In addition, unemployed and more than half hovers at the percent of the population in over 25,000 villages. Afghanistan has set security outcome as the ninth, brink of poverty. Another 8.5 million, or 37 As a result, access to health care has increased self-adopted MDG – a goal that impacts progress percent of the population, are on the borderline from less than 5 percent under the Taliban to now toward all other goals. of food insecurity and thus hunger. more than 80 percent across the country. This government-led effort is saving more than 50,000 Since 2004, Afghanistan has made continued Clearly, the security picture is mixed in Afghani- lives, mostly mothers and their children, each year. progress towards its MDGs. We have been able to stan. Much has improved, but so much more reduce child mortality from one in every four needs to be done. And under NSP, villagers have formed commu- children to one in every six, an important nity development councils – including women for achievement in MDG4. Seven million more To have a secure and prosperous Afghanistan, we the first time – through which they participate in children now attend school, marking unprece- must ensure that healthy Afghan mothers give designing and co-implementing projects that dented success toward MDG2. birth to healthy children. Programs must shift address their acute local needs. from haphazard local projects implemented by With one of the lowest telephone access rates in various non-state actors to strategic national This past summer on July 20th at the Kabul the world in 2001, the percentage of cellular programs reaching far and wide with a long-term Conference, the Afghan government presented our nation-partners with a blueprint for true partnership: the donor community must channel at least 50 percent of all aid resources through Afghan state institutions – including the Ministry of Public Health – and must align their independ- ent aid efforts with the priorities of the Afghani- stan National Development Strategy.

One of the core objectives of our Strategy is to address Afghanistan‘s human security needs so that children can be better nourished, mothers can have skilled assistance in childbirth, and families can have access to electricity, clean water, and education.

When the over 60 percent of the dollar-a-day- Taliban fighters eventually see that their basic human security needs are met, they will disengage from violence and choose to lead peaceful lives.

Indeed, the war in Afghanistan cannot be won by the military alone. We and our partner nations must work together and mobilize our resources to invest at least 50 percent of all international aid and national revenues to change forever Afghanistan‘s dire human security situation. The time to act is now.  Planning for the future. Photo: Jawad Jalali/UN

Journal of International Peace Operations 06 Volume 6, Number 4 — January-February, 2011

Feature | The International Code of Conduct

The International Code of Conduct

A breakthrough in the role of private security contractors

A show of national colors of the ICoC signatories. Graphic: J. J. Messner ITH the beginning of the new year, Fortunately, the November 2010 signing of the Of course, legislation is often only as good as its the need for a strong capacity in International Code of Conduct (ICoC) for Private ability to be implemented. Nils Rosemann W humanitarian security operations is as Security Service Providers may provide a common examines how the careful language of the ICoC great as ever. Crises continue to rumble world- ground for the role of the private sector that provides consistency with its foundations, while it wide, while the daily lives of citizens in many could enhance stability and peacekeeping simultaneously expands these initiatives‘ other countries are ensured only by fragile peace operations worldwide. Anne-Marie Buzatu enforcement power. In bridging the gap between accords. Although United Nations-backed begins by analyzing the implications of the multi- principle and practice, it raises new possibilities peacekeeping operations maintain a presence in stakeholder nature of the agreement. The variety for the goals of private security companies to many of these conflict areas, they are frequently of perspectives incorporated into the ICoC, complement those of government and civil under-resourced. Some have suggested the use of speaks well for its viability as a legal idea as well as society. private security contractors to bolster traditional its practical application. The accountability peacekeeping forces. The idea is met with mechanisms established by this process should While the Code represents an impressive skepticism by other parties, however, who are serve to ensure transparent operations, maximiz- development, it is not a perfect solution. Colonel unsure that private sector forces can be properly ing the benefits of private and public sector Christopher Mayer explains what the ICoC is policed. collaboration in conflict areas. capable of, given its design, while also pointing to areas where more work is needed. By properly In transforming the relationship between multiple understanding the intent of the Code, actors can J-3 global services stakeholders, the ICoC can also be transforma- better use the strengths of its various stake-

tional for each sector. Erik Quist discusses how holders. Agricultural Aircraft for Agricultural Development the application of the Code affects the business side of the equation. Certification for private With the ICoC, a sea of possibilities for collabora- security companies, an initiative under considera- tion between these stakeholders has been set into tion, would remove a major obstacle to private motion. Only time will tell if this potential can be sector reform—getting outcompeted by less realized. concerned operators. In order for the ICoC‘s real SPECIAL AVIATION PROGRAMS impact to be felt, supplementary measures must Next issue, the Feature section will be the Future Specializing in Mosquito/Malaria control [email protected] be taken to ensure that it makes business sense as of the Stability Operations Industry.  T: +1 918 704 0308 well as doctrinal sense.

IPOA Member since February 2009

Journal of International Peace Operations 08 Volume 6, Number 4 — January-February, 2011 The International Code of Conduct| Feature

Anne-Marie Buzatu The ICoC: An Industry-Led, Multi-Stakeholder Initiative

Industry, government and other players join together to define PSC standards

[Insert-E]

Truly a diverse effort. Photo: Doug Brooks

IGNED by 58 companies on November 9, PSCs, as well as sets out good practices for states discussions, offering their unique perspectives on 2010, the International Code of Conduct in their dealings with PSCs. Since its finalization in the challenges to effective oversight and S for Private Security Service Providers September 2008, it has become the established accountability of PSCs, as well as ideas on how to (ICoC) hopes to address some of the gaps in reference text for how states should deal with meet those challenges. This was followed by a effective oversight and regulation of the private PSCs, even finding its way into state procurement release of two draft ICoCs for public comment on security sector by setting out clear standards for guidelines. For example, the UK Foreign January and August 2010, as well as another private security companies (PSCs), as well as to Commonwealth Office asks potential contractors round of multi-stakeholder workshops. build an oversight and accountability framework to confirm that they are aware of the obligations to help ensure that PSCs operate according to the under the Montreux Document, that they will The fruit of these workshops and public comment standards. comply with it and instruct their personnel to do periods is the International Code of Conduct for so as well. However, as a document offering Private Security Service Providers, which 58 PSCs The ICoC was born of the larger effort by the guidance to states, the Montreux Document could signed on November 9, 2010 in Geneva, Swiss government to promote respect for only partially respond to calls from the PSCs Switzerland. In signing the ICoC, signatory international law and standards by PSCs. First themselves for better guidance and oversight of companies publicly affirmed their responsibility to known as the ―Swiss Initiative,‖ this effort began their activities on the ground. The ICoC is a respect the human rights of all those affected by as an inter-governmental dialogue, resulting in the response to this gap. their activities. Montreux Document, which outlined ―pertinent international legal obligations and good practices From the beginning, the ICoC initiative has been Furthermore, signatory companies recognized that for States related to operations of private military a multi-stakeholder effort: industry-led, supported the ICoC was the first step of a broader initiative and security companies during armed con- by the Swiss government and involving a wide to create better governance, compliance and flict‖ (Montreux Document). variety of parties impacted by the activities of accountability; and that this broader initiative PSCs. A series of workshops kicked off in January required them to work with other stakeholders to The Montreux Document both clarifies existing 2009 in order to identify each group‘s particular establish objective and measurable standards, as international law and obligations of states vis-à-vis need for better PSC regulation.[1] Representatives well as external independent mechanisms for from the industry, human rights organizations, effective governance and oversight.[2]

Anne-Marie Buzatu leads the Privatization of Security multi-national corporations, PSC-insurance Programme with the Democratic Control of Armed companies, academics and other legal experts, To this end, the ICoC creates a temporary multi- Forces, based in Switzerland. Contact Anne-Marie at [email protected]. state and other clients took part in these  10

Journal of International Peace Operations 09 Volume 6, Number 4 — January-February, 2011 Feature | The International Code of Conduct

 09 | The ICoC: An Industry-Led, Multi-Stakeholder Initiative | Anne-Marie Buzatu stakeholder steering committee to establish the oversight institution/accountability mechanism by mid-2012.

The greatest strength of the initiative is its multi- party participation, providing strong assurances as to the viability, sustainability and ultimate success of the ICoC. In bringing a variety of relevant viewpoints and interests to the discussion, by its very nature the multi-stakeholder approach builds in a system of checks and balances in both the construction of credible international standards and in the establishment of effective accountabil- ity and oversight mechanisms.

The decision that the nine-member steering committee will be equally divided among the three Photo: Swiss Department of Foreign Affairs main ―stakeholder communities‖ (civil society, rights-based corporate governance and opera- However, the success of the initiative ultimately PSCs and states[3]) further ensures the credibility tional standards), the ICoC clarifies the minimum rests on the effectiveness of the oversight and of the work going forward, and is illustrative of level of conduct required of PSCs. Secondly, the accountability mechanism (in the words of Erik the good will and excellent working relationships ICoC helps to alleviate the chaos of multiple Quist of EOD Technology, ―the stick is the that have evolved among these often disparate nations operating in multiple territories by setting carrot‖) and the next 18 months are crucial. entities. overlying universal standards. Third, the independent oversight institution will serve as the While the 3-3-3 multi-stakeholder composition of Furthermore, by virtue of their varying relation- much-needed formal complaint center that, when the temporary steering committee is a reassuring ships relative to PSCs, different stakeholders can appropriate, can forward grievances to the first step, the large and growing number of have a strong impact on the effectiveness of the responsible state authorities. This could also serve signatory companies (approaching 70 one month ICoC. For example, by requiring all of its security to facilitate the conduct of national investigations. after the signatory conference) poses new contractors to adhere to the ICoC, the UK challenges for the success of the initiative. government shows strong support to the ICoC Finally, there is a potential for the international both as regulator and as a client. accountability mechanism to provide direct It is important that all signatory companies – remedies to victims of violations of the Interna- whether their employees number in the hundreds If successful in its aims, the ICoC should address tional Humanitarian Law and Human Rights Law, of thousands or less than a hundred – remain several of the PSCs‘ major obstacles. First, by incorporated in the ICoC, when there is no other engaged and contribute their first-hand knowledge setting clear standards for PSCs (including human effective public mechanism. of how to build an efficient, effective, and well- run institution.

Similarly, it is extremely important that civil society, states and other clients – even if they have not signed a document – stay engaged and communicate their unique perspectives to the steering committee to provide those important checks and balances that help keep the initiative on-track. 

Endnotes

1. As project lead and facilitator, DCAF organized these workshops. 2. ICoC, paragraph 7(a) & (b). 3. Each stakeholder community may also nominate an alternate to the Steering Committee.

The seat of Swiss government—strong backers of the ICoC. Photo: Stock

Journal of International Peace Operations 10 Volume 6, Number 4 — January-February, 2011 The International Code of Conduct| Feature

Erik S. Quist The ICoC Contemplates PSC Certification

Why this will be good for the industry and the customer

An opportunity to take the initiative on good business practices. Photo: Doug Brooks

OST who have been following the directed the Department of Defense to report on approach actually mean? An ISO-based approach progress of the International Code of the feasibility of PSC certification, and under largely involves a review of a company‘s different M Conduct for Security Service Providers pending NDAA legislation, PSC certification business processes such as quality, safety, training, (ICoC) know that even though the ICoC has been would become a requirement. ASIS International financial, management, records, risk, human signed, the truly difficult work still lays ahead. has undertaken efforts to develop a process for resources, ethics & compliance and etcetera. The PSC certification that certainly will play an review encompasses the existence, promulgation It will take at least a year before the particulars of important role in the resulting ICoC or NDAA and enforcement of those processes as well as the an organizational body, the care-taker of the efforts. existence of mechanisms to obtain feedback on ICoC, will take shape. There are still not only these processes and utilize this feedback as part of issues of governance, but the participation and Certification is perhaps inevitable. As such, a continuous improvement cycle. relationship between the three stakeholders: the interested parties should understand something private security company industry, governments, about this contemplated process, not only to The specific ISO approach would likely be and civil society. Then, of course, the all- know what it is (and is not), but also to grasp the modeled upon the ISO 9000 series encompassing important funding, for which contribution from potential benefits. quality management. ISO certification is therefore all the stakeholders has been acknowledged, will a ―pass/fail‖ proposition rather than a process to first need to be appropriated and put in place. PSC certification will most likely be based upon assign a gradation of the services. Frankly, this the International Standardization Organization approach is the only one that makes sense. Any Still, there is one aspect contemplated under the (ISO) process. The concept of an ISO-based certification process must have objective criteria. ICoC that may take shape sooner. Under the approach has been part of the discussions since Ascertaining whether a company has a certain ICoC, the governing body will be involved in a the development of relevant parts of the ICoC business process and whether it is utilized in the process for independent certification of Private and the post-signing meetings. This would also be required manner certainly fits that requirement. Security Companies (PSCs). This notion is not the approach under the efforts of ASIS, as the new to the PSC industry. In 2009, Congress organization regularly takes part in the develop- By comparison, operational matters would be ment of ISO-based standards for the American more subjective in nature and also might give rise Erik S. Quist is the General Counsel for EOD Technology, Inc. He is the Chair of ISOA’s PSC Working Group, was a National Standards Institute (ANSI), the U.S. to conflict with a customer‘s scope of work, significant participant in the ICoC process within ISOA affiliate of ISO. exacerbated by the fact that many times, especially and on behalf of EODT, and has been writing and speak- ing about standards and certification of PSCs since 2008. in the security services industry, the services Contact Erik at [email protected]. So what does the concept of an ISO-based  12

Journal of International Peace Operations 11 Volume 6, Number 4 — January-February, 2011 Feature | The International Code of Conduct

 11 | The ICoC Contemplates PSC Certification | Erik S. Quist within a scope of work are very specific. more efficient product, as well as keep themselves To a small or medium sized company, instituting and their customer out of harm‘s way. such an initiative almost always translates into This is not to say that security-related matters driving up overhead. As those who are involved in cannot be included in an ISO-based certification In summary, solid business processes are the cost and pricing proposals already know, anything process. The existence, promulgation, enforce- foundation of a responsible contractor. that increases a company‘s overhead has not been ment and continuous improvement of different historically viewed by the U.S. government as types and levels of training and human resource If these benefits are so clear in terms of improv- adding value, only increasing the government‘s practices that impact a PSC‘s ability to perform its ing a company‘s processes and keeping it out of costs. services well would lend itself to ISO certification. trouble, then why have more companies not By extension, ISO-based certification could undertaken such an initiative? The answer lies in It is easy to understand how a company might encompass different services lines like convoy, the significant investment required to document view undertaking such an investment as a PSD, K-9 and static security. The question then and elevate a company‘s processes to a level that significant disincentive. Not only would they becomes how an ISO certification of the PSC‘s would meet the relevant certification criteria. increase their costs with no perceived value added business processes is in any way relevant or to their customer, but they are also then helpful. Under the contemplated ISO-based approached vulnerable to being under-cut by those who do for PSC certification, if a company already has not. If a company has documented hiring and training registration, such as ISO 9001:2000, then it is practices, and a systemic way to improve those certain the effort to become compliant would be It is the archetypal struggle of the company processes, they are more likely to field better significantly less than those not previously fighting to do the right thing: understanding good employees with less turn-over. If a company has registered. For some companies who have been in business practices are for the long-haul, but independent financial audits and utilizes sound business for years, with different branches and continually feeling the sting of the fly-by-night accounting principles they are more likely to meet affiliates, regardless of size and whether certain company. tax and other related obligations. If a company internal functions like quality and safety exist, the has in place quality management and safety cost (and time) can be significant. This is why an independent, third-party ISO- programs, they are more likely to provide a better, based certification process holds such promise to those who have been holding the line for so long. It is, finally, an opportunity for a company to get credit for investing in its own internal processes, which also translates into added value to the customer.

Companies who have not invested in sound and robust business practices will have to do so. Companies that have previously made such an investment will have a leg up. The playing field will not only be more level, but it will be level at an elevation that is appropriate for these types of services. In many ways it is finally the opportunity for companies to get credit for being responsible contractors.

The responsibility of the contractor has long been a missing component in procurements. For the most part, it is an issue addressed after the fact, after an alleged transgression, when a debarment official is making a responsible contractor determination.

Providing tools, specifically PSC certification, to the buyers of services so that they may select competent and responsible contractors is long overdue. Could a requirement for ―best value‖ in security services procurements be far behind? 

Photo: Doug Brooks

Journal of International Peace Operations 12 Volume 6, Number 4 — January-February, 2011 The International Code of Conduct| Feature

Nils Rosemann An Initiative for the 21st Century?

Effective provisions ensure responsibility and enhance peacekeeping

Voices on all sides craft a strong agreement. Photo: Doug Brooks

N early November 2010, nearly 60 global representatives, high-ranking officials from facilitated by Democratic Control of Armed private security companies came together in endorsing governments, such as the United Forces and the Academy for International I Geneva to sign an International Code of Kingdom and the United States of America also Humanitarian Law and Human Rights. Conduct (ICoC) with the objective of guarantee- participated in the signing of the Code. A number ing respect for human rights and humanitarian law of other interested governments including Why is this new code necessary? Indeed, many within their operations. In addition to those who Afghanistan, Australia, Canada and South Africa, label private security industries ―guns for hire‖ or participated in the Geneva meeting, more together with representatives from civil society, ―21st century mercenaries‖ to ―cleverly‖ suggest companies have endorsed the ICoC by letter. The humanitarian organizations and academia, also their unlawfulness. However, that these compa- number of signatory companies is constantly took part. nies often operate in contexts in which govern- growing and is currently close to 80. mental authority is absent or the rule of law is Signing the Code commits these companies to a compromised does not mean that they operate The signatory companies are a diverse group – set of principles described in 70 paragraphs, outside of the law, nor does it mean that the ranging from small- and medium-sized service guiding employees and managers in their conduct, provision of security services aims to replace providers to the largest in the sector. Some as well as directing overall company management governmental state sovereignty over the use and specialize in governmental services as well as in ensuring respect for human rights and legitimate exercise of force. protection services for extractive industries. international law. In the words of State Secretary Representatives of NGOs, media and maritime Peter Maurer, ―We are assembled here today to There is no solution that fits all, and regulatory security took part in this event on November 9, witness this ceremony, the signatures of efforts range from a restatement of international 2010, as did armed security providers for national companies under a document that translates law (such as that achieved by the Montreux parks and endangered species in Africa. international norms into an additional commit- Document) to a new convention, elements of ment by private security service providers. which have been presented by a U.N. working In addition to CEOs and senior management Today‘s event is a mix of celebrating achieve- group. ments by gathering here to sign the Code, as well

Nils Rosemann is the Desk Officer of Human Security and as the marking of the starting point of the Code‘s Different legal regimes have diverse means and Business at the Swiss Federal Department of Foreign implementation.‖ abilities to ensure that private security providers Affairs. Contact Nils at [email protected]. For infor- operate in a manner that is consistent with mation about the Code or how to join, please send re- The International Code of Conduct was international human rights standards. However, in quests to [email protected]. developed in a multi-stakeholder process  14

Journal of International Peace Operations 13 Volume 6, Number 4 — January-February, 2011 Feature | The International Code of Conduct

 13 | An Initiative for the 21st Century? | Nils Rosemann certain circumstances these traditional regimes fail concerning use of force and firearms: under Abuses and Torture in Iraq‖) that the ―means of to provide accountability for human rights abuses. current international humanitarian law, personnel further monitoring and implementation [of a Therefore, the ICoC is important, for in the of private security providers lose their civilian human rights based approach to business words of the State Department‘s legal advisor status by engaging in hostilities during armed conduct] have still to be developed, but the Harald Koh, ―by bringing together all of the key international conflict and when properly definition of direct obligations is a first step which stakeholders – states, civil society organizations, incorporated into armed forces they may even could be implemented by states via regulation, by relevant experts, clients, and the private security fully graduate to combatant status, allowing them international organizations via monitoring and companies themselves – this initiative has the to enjoy impunity from both civilian and military advice, by NGOs as independent watch-dogs and potential to address gaps in oversight and law. The ICoC dissolves this legal gray area. For by business itself into codes of conduct that guide accountability left by traditional regimes.‖ instance, the use of firearms is restricted to the internal and external relations.‖ exceptional use for ―self-defense or defense of The ICoC is more then just a ―gap filler‖ or a others against the imminent threat of death or Much like the titular character from Lewis normative reaffirmation by non-state actors. The serious injury, or to prevent the perpetration of a Carroll‘s masterpiece Alice in Wonderland, many ICoC is a practice-oriented tool. Not only is the particularly serious crime involving grave threat to critics of self-regulatory regimes with third party number of signatory companies impressive (three life.‖ oversight claimed, ―There's no use trying…one times more members than currently participate in can't believe impossible things." Luckily, the Swiss the Voluntary Principles on Security and Human Suggesting that these codes of conduct are ―soft government, along with several other parties were Rights, for example); but the substance of the law‖ wrongly suggests that they do not bind those present to play the Queen: "I daresay you haven't Code is too. involved, and that their violations have no had much practice. When I was your age, I always consequences. Those who witnessed the did it for half-an-hour a day. Why, sometimes I've It refers specifically to the United Nation‘s negotiations between governments, clients, NGOs believed as many as six impossible things before ―Protect, Respect, Remedy‖ framework on human and service providers leading up to the ICoC‘s breakfast." They ―tried believing in the impossi- rights and business, developed by Special creation will attest to the fact that discussions ble‖ and 14 months after the Nyon Declarations Representative of the Secretary General John were hard. of June 2009, they succeeded. Ruggie , as well as to the Montreux Document. Not only does the ICoC directly interact with the Apart from being the basis for the development Still, we will have to try harder in the next 18 tenant of respect, but by echoing the Montreux of an external oversight and accountability months. The ICoC concludes: ―Those establishing Document, it clearly links to the Protect pillar; mechanism, the ICoC will be stronger than any this Code recognize that this Code acts as a and its (and therefore the industry‘s) the other existing tool for ensuring corporate founding instrument for a broader initiative to commitment to developing measurable standards, responsibilities. The Code is designated to be create better governance, compliance and external oversight and an accountability mecha- included in service contracts, and the U.S. and accountability. nism within the next 18 months reinforces the U.K. governments will include its provisions in framework‘s Remedy pillar. their own security service procurements – other ―Recognizing that further effort is necessary to governments and clients are encouraged to do the implement effectively the principles of this Code, The commitment goes further than this though. same. Signatory Companies accordingly commit to work Take, for example, the Code‘s provisions with states, other Signatory Companies, Clients Once the ICoC is incorporated into a contract, and other relevant stakeholders after initial the violation of human rights becomes a reason endorsement of this Code to, within 18 months… for contract litigation. Such litigation, and the establish objective and measurable standards… possibility of exclusion from being signatory to and to establish external independent mechanisms the ICoC, could go far beyond the consequences for effective governance and oversight.‖ of violating any current ―hard law.‖ For, unfortunately, the breaching of human rights The 18-month timeline for institution building treaties results in few legal and political conse- and the development of the external oversight and quences, which makes the impact of being accountability mechanisms presents an ambitious, signatory to the International Code of Conduct all but not impossible agenda. Commitment and hard the more important. work are always necessary to turn an idea into reality.  The objective of the Code is to transform commitment and normative language into The views expressed here are written in a personal capacity and do practice. In as early as 2004 the author suggested not necessarily reflect those of the Government of Switzerland. This in an article (―The Privatization of Human Rights article is based on a blog of the author written for the Institute for Violations – Business' Impunity or Corporate Human Rights and Business (London). Responsibility? The Case of Human Rights

An initiative in good hands. Photo: Nils Rosemann

Journal of International Peace Operations 14 Volume 6, Number 4 — January-February, 2011 The International Code of Conduct| Feature

Colonel Christopher Mayer (Ret.) What the ICoC is Not

Some clarification on the successes and limitations of the Code

The ICoC — pointing the way forward. Photo: Doug Brooks

HE International Code of Conduct for security services. The ICoC forms a workable base each of these, but full implementation will take Private Security Service Providers is an for improved legislation, industry training, time. T important step for implementing the operational practices and oversight. vision and recommendations described in the Despite some claims, the intent of the ICoC is not Montreux Document. As its full title suggests, the As important as all of these successes are, along self-regulation over national regulation. The ICoC Montreux Document recommends best practices with the achievement the Code represents, it is promotes self-regulation, but as a supplement, not for states in their relations with private security just as important to consider what the ICoC is a replacement for national regulation. The ICoC companies and private military companies in not. The ICoC is not an end unto itself. The ICoC clearly states that companies are subject to the conditions of armed conflict. An initiative co- is not self-regulation in place of national laws of the state in and from which they operate. sponsored by the International Committee of the regulation. The ICoC is not United States-centric. Red Cross and the Swiss government, the The ICoC does not create new law or bind states In many states (the United States among them) Montreux Document was for and endorsed by beyond current international law and treaty. enforcement of national law is hindered by the states. Understanding what it is not will provide better lack of measurable standards by which a appreciation for what it is while framing the work company‘s actions can be judged. Clients may The International Code of Conduct (ICoC), on that still must be done. now incorporate industry standards derived from the other hand, is for the providers of security the ICoC into contracts, enabling the use of services and expands the scope of application to To begin, endorsement of the ICoC alone is not contract law, other tort law and applicable conditions beyond the formal definition of armed sufficient to ensure that private security opera- criminal law to enforce those standards in court. conflict. tions are effective and support the rule of law. Others in this journal describe some of what must In many parts of the world where security It is both an industry endorsement of the yet be done. International industry standards are providers operate, public rule of law mechanisms Montreux Document‘s recommendations and a still needed to describe what companies must do are seriously compromised. In these circum- useful guide for non-state clients of private to implement the code. Independent certification stances, the ICoC and its derived standards can is necessary to verify that those processes are in aid oversight by PSC clients and support a public

Colonel Christopher Mayer (Ret.) is the Director of place and being implemented. A governance complaints mechanism. These can drive audits Armed Contingency Contractor Policies and Programs for mechanism is needed to oversee certification and and potential certification action against a the Department of Defense, and has served as the Chief of Civil Military Coordination for UNMIL. respond to complaints of misconduct or variation company, which can, in turn, be used to initiate Contact Chris at [email protected]. from the standard. Work has already begun on  16

Journal of International Peace Operations 15 Volume 6, Number 4 — January-February, 2011 Feature | The International Code of Conduct

 15 | What the ICoC is Not | Colonel Christopher Mayer (Ret.) contract actions by clients and possible licensing many states from the geographic south) can use assault. These provisions in the ICoC are actions by states. the ICoC and the Montreux Document to assist consistent with current U.S. policy for security one another in developing the necessary contractors. Some countries are already looking at making legislation and capacity that is appropriate to the endorsement of the ICoC a prerequisite for circumstances and needs of their particular state Consistent with other international law and licensing. This is another example of the code or region. agreements, the U.S. interpretation of ―defense of reinforcing, rather than replacing, national legal others‖ includes the use of force, up to and accountability. It is not either/or; rather, the ICoC Although the ICoC is useful as a tool in including lethal force, to protect inherently represents industry efforts that support and developing national laws and regulation, it does dangerous property. Under certain circumstances, reinforce national regulation. not itself create any new law. Like the Montreux as specified by appropriate legal authority, defense Document, the ICoC is built on existing law, of others may include the protection of critical The ICoC is not focused on the particular international agreements and demonstrated good infrastructure vital to public health or safety, the interests of the United States or the West. If this practices. damage to which would create an imminent threat were only a matter of U.S. government interest, of death or serious bodily harm. the ICoC would not be necessary. Legislation Sections on the use of force exemplify this. The already exists for the regulation of private security language in those sections is taken from the UN‘s Rather than creating new law, the ICoC reinforces services by the U.S. government. New initiatives, Basic Principles on the Use of Force and Firearms existing law, and within that existing law, can be such as national and Defense Department by Law Enforcement Officials, with frequent adapted to the needs and restrictions of a standards for private security services, are reference back to existing national laws. This particular client. underway to correct observed weaknesses and language clearly aligns the use of force by security mitigate current and future risks. contractors with their status as civilians under What the ICoC Is international law, and the use of force by these The ICoC was developed with broader interests, civilians as an exercise of the inherent right to Although there are many things that the ICoC is including those of private sector clients, and with individual self-defense. not, there are things that it is. a particular concern for the geographic south. The ICoC is intended to assist developing states in For contract security providers, self-defense It is a commitment by the industry to operate in writing their own legislation and to build oversight includes persons specified under the terms of the accordance with law and to be subject to that law. capabilities. In this way it is a starting point for contract and in defense of other persons facing It is an agreement to operate within the restric- each nation, rather than a U.S.-imposed solution. imminent threat of death or serious bodily harm, tions of the law of armed conflict and the Montreux-participating states (which include such as murder, armed robbery or aggravated principles of human rights law where the rule of law cannot be enforced. Working with the Montreux Document, the ICoC is useful for states as they develop legislation and policies that affect the export, registration and operations of private security services.

The ICoC is a vehicle to increase awareness among those considering contracting for security and others who must work in the same opera- tional area as contracted security. In this regard, it serves the interests of developing states and private agencies engaged in relief, recovery and reconstruction.

Most importantly, it is the starting point for measurable standards that will enable effective oversight by clients and states, supporting the enforcement of already existing law.

The end point will not be achieved overnight or over a year. The ICoC and the Montreux Document do, however, point the way forward. 

The defense of others on the ground. Photo: Martine Perret/UN

Journal of International Peace Operations 16 Volume 6, Number 4 — January-February, 2011 Government & Legal Affairs

Peter Marocco Drone Incentives

Thoughts on legal incentives as new peacekeepers take to the skies

[Insert-D]

Here we go, into the legal unknown… Photo: Specialist Roland Hale/US Army

HE law of armed conflict is a law beyond more than a thousand years knight warfare, Conflict zones where the United Nations is laws, governed not by enforcement supplemented by a lined regiment system, reluctant or unable to manage the necessary force T power, but by clear incentives for dominated a relatively contained field of battle. levels of peacekeepers might benefit from restraint. In warfare, the participants (combatants) Then what changed? The longbow and pike at the unmanned defense systems. Their mere presence must be guaranteed protection from certain battle of Agincourt. The longbow allowed the has slowed movement and disrupted terrorist penalties, while refraining from hurting civilians English to kill French troops from the air at a operations. Military leaders are historically who stay non-combatants. distance while remaining safe from the knights reluctant to send their troops to another behind pikes, enormous planted and sharpened humanitarian crisis because it is expensive, rarely This is because killing, simply put, is the business spears of wood positioned to take down a beneficial for the patron state and often has the of warfare. Thus, there is an argument that the use charging horse. The old way was instantly counterproductive effect of instigating more, not of new technology (unmanned systems) is a outdated. Was this use of new technology unfair? less violence. departure from the law of armed conflict (LOAC). Perhaps, but history does not condemn the The International Committee of the Red Cross victorious. Two legal principles come to mind. The first, and other NGOs have attempted to shape LOAC Ceteris paribus, means something has changed with into an invisible umpire on a level football field of Applying the LOAC today, is the field of battle all other things remaining the same. Some suggest sorts, where the participants are easily identified still constrained to uniformed combatants in a that the use of drones against non-state actors is and equally equipped, leaving observers on the designated space? More specifically, is it impermissible under LOAC, or that LOAC does sidelines unscathed. But conflict is changing. In an appropriate to use armed drones in modern armed not allow ―targeted killings.‖ The doctrine of self- era of surreptitious international terrorism and conflict or in peace-keeping operations? defense formidably bars states from simply using cooperative security strategy, this aim is impracti- force where and when they wish without a clear cal and inaccurate. The application of LOAC in peace-keeping need to protect their sovereign territory or operations has always been problematic for the citizens. [1] This limitation seems to be shaped There was an age when we saw this level field. For United Nations. Yet since the early 1990s U.N. around state vs. state, but the responsibility to

peacekeepers have been deployed continuously. protect complicates this as much as international Peter Marocco is a security consultant and postgraduate After missed opportunities like Rwanda and terrorism. in International Human Rights Law at Oxford. This article is part of a working paper on the legality of successful operations in Kosovo, the international drones in armed conflict. community was called to adopt a new doctrine of Some legal opponents of the Predator, and its Contact Peter at [email protected]. intervention, a ―Responsibility to Protect.‖  18

Journal of International Peace Operations 17 Volume 6, Number 4 — January-February, 2011 Government & Legal Affairs

 17 | Drone Incentives | Peter Marocco mightier nephew the Reaper, cite the 1949 calls the ―offset strategy‖ that ended a dangerous sturdy legal concern, but at present, the drone is Geneva Conventions, based on the drones‘ 40-year competition with the Soviets. As the acquiring targets, not choosing its own. Claiming inability to perfectly distinguish between militants Soviet arsenal grew beyond 30,000 nuclear the drones are being used by agencies other than and non-militants. Yet folklore of the drones‘ weapons, the offset was the development of the Department of Defense for targeted killings, inaccuracy has repeatedly misinformed lawmakers stealth, smart sensors and smart weapons that opponents warn it may soon be used this way on and citizens alike. [2] In reality, the percentage is altered the balance. It was over-whelming the U.S.-Mexican border. This is also a valid low, and improving with smaller munitions. technology rather than the number of nuclear concern. The military is still the only lawfully linebackers that allowed the United States to combatant kill chain. The use of a drone does not Regardless of new technology, all other things peacefully persuade the Soviets into a new era. expand this role or who may engage in combat, so have not ―remained the same.‖ LOAC is virtually it should cause some concern if other agencies are as young in principal as it is in practice. The How this newest era of a war without borders will openly engaging in military-style targeted drone framers of this legal machinery did not envision take shape is not fixed, but unmanned systems strikes, regardless of the country where this is non-state actors with a broad network leading a will play a major role. The evolution of the U.S. occurring. global insurgency and threatening international National Security Strategy shows a clear shift from security. Apropos, Mutatis mutandis, a legal prioritizing winning wars to preventing bigger Furthermore, the unique attributes of the drone principle meaning a number of things have ones, emphasizing both pre-emptive strikes as do not convert a peacekeeping operation into an changed to make things right, better applies. well as collective peacekeeping. armed conflict, or vice versa. In essence, with anyone openly using drones anywhere at any time, Traditionally, international armed conflict and What does the drone change? It allows more there is little incentive for restraint. There is good peacekeeping have distinctly different rules. operations to take place without putting soldiers reason to restrain non-military agencies crossing However, amidst the war on terror and many at immediate risk. In this regard, it is merely a into the business of war. humanitarian crises, the line between counterter- more sophisticated weapon system that creates rorism warfare and peacekeeping blurs. How does advantage, not perfidy. In many of the articles that The positioning of technological advantage has the average citizen distinguish peacekeeping criticize the drone, there is a common misconcep- and always will be an element of warfare. As operations and counterterrorism operations? tion that the drone itself was envisaged only for global security evolves, defensively armed drones reconnaissance, but would only later (out of post should comply within legal frameworks for In the new era, ―civilians‖ become willing 9/11 convenience) be turned into a floating peacekeeping operations while remaining free of participants in the battle space. How does the assassin. Neither is true. When asked when the the present controversy. If the wars in which the soldier distinguish between the peaceful citizen, concept of the drone as a weapon system came United States currently engages are truly matters the terrorist and the lawful combatant? On paper about, William Perry responded, ―From the very of collective security, the drones may ultimately be these distinctions seem simple, but to the U.N. beginning.‖ [4] And he would know. Perry was legally unchallenged as counterterrorism blurs peace-keeper, the security guard and the soldier, the undersecretary of defense for research and with peacekeeping. the difference is becoming increasingly compli- engineering from 1977-1981 when the Pentagon cated and legally opaque. shifted its strategy to over-whelming the Soviets Rather than avoiding legal clarity with opponents, with technology. Smart Sensors, GPS and smart the United States should engage the case mutatis Then, there is a new sentry patrolling the battle bombs were developed under this program. The mutandis – that the nature of winning international space, equipped with targeting data for individual idea of precision targeting was not an ideological security has changed so significantly that the persons, rather than an area size target. Pointing drift away from LOAC; it was a technological existing legal framework does not limit drones in to increasing drone attacks in Pakistan and improvement on the carpet-bombing used in armed conflict or collective peace-keeping Yemen, opponents also claim this is unlawful in a Vietnam. There may be concern though, as Perry operations. This clarification would lead the sovereign state, with which the United States is notes, ―of moral hazard … to increase the international community to develop a clear not at war. During Obama‘s first two years as probability of war or war-instigating actions incentive framework with vision to support president, various open news sources track three because you don‘t risk the lives of American restraint.  to four times the total drone strikes over those in troops.‖ While scientific precision does not equal Bush‘s eight years. [3] This indicates a clear shift extrajudicial execution, similarly it does not Endnotes in the legal position taken on its use. So where has provide unique privileges to war. the incentive gone? 1. UN Charter, Article 2(4) and Article 51. What does the drone not change? The ―kill 2. Kilcullen, David, Testimony to House Armed Law cannot keep pace with the active threats to a chain,‖ as referred to by the military is the chain Services committee, ‗50 unintended victims for every nation, anticipate the nature of the next war‘s of accountability when a targeting decision is intended target‘, April 23, 2009. technology, nor plan preventative peacekeeping made from the top to the operator. This is a job 3. Bergen, Peter, The Drone Wars, The Atlantic, Dec. 2010. operations. Despite diplomatic renditions of for the military. Some critics claim the drone itself 4. Perry, William, Stanford University, November 4, history that highlight negotiations, it is what is outsourced, and thus not lawfully eligible to 2010. former U.S. secretary of defense William Perry carry out an offensive ―targeted killing.‖ This is a

Journal of International Peace Operations 18 Volume 6, Number 4 — January-February, 2011 Ambassador John E. Herbst | Q & A

Naveed Bandali Coordinating Reconstruction and Stabilization

An interview with Ambassador John E. Herbst (Ret.)

Photo: CCO/Us Navy Historical Center

mbassador John E. Herbst is currently director of in S/CRS was to establish a CRC – first building other agencies, it worked. But that world was a the Center for Complex Operations at the support within the Bush Administration back in rather narrow one because to date, S/CRS has not A National Defense University in Washington, 2007 and 2008 to develop the CRC – and been given a principal role in any major crisis. DC. Previously, he served as Coordinator for the Office of persuading Congress to resource it. When I left And every time you have a crisis, the interagency Reconstruction and Stabilization (S/CRS) in the United S/CRS in September 2010, the number of CRC gathers, someone is put in charge, and that person States Department of State (2006 to 2010), Ambassador personnel was over 1,200. While still too small, reinvents the wheel. And so there is a great deal to Ukraine (2003 to 2006), and Ambassador to this is a significant national security asset. of repetition and duplication and unnecessary Uzbekistan (2000 to 2003). Herbst joined the United activity. States Foreign Service in 1979 and retired in 2010. JIPO: Can you speak to the future of interagency cooperation and “smart power” with respect to U.S. foreign I am confident that the CRC has a future. I am JIPO: Drawing on your experiences as Coordinator for policy? less confident that there is going to be a rational the Office of Reconstruction and Stabilization (S/CRS), interagency process that can organize a multifac- what were your greatest accomplishments and challenges? Ambassador Herbst: Everyone talks about eted operation like Haiti last winter or Iraq. ―whole-of-government‖ and ―interagency‖ – it is Ambassador Herbst: My work in S/CRS was remarkable. I say that because S/CRS was talking JIPO: What is your response to critics who claim that overwhelmingly – 85 percent or 90 percent – on about that from before I arrived in 2006. But over U.S. diplomacy and development are being increasingly building capacity for stabilization operations. We the past year and a half, I would say that now the militarized? had to create the concepts for running stability whole world is talking about it. And that is a good operations and for developing and standing up a thing. But while people talk about it and, when a Ambassador Herbst: The facts that underlie Civilian Response Corps (CRC). In doing this, S/ crisis hits – for example in Haiti in January and those claims or criticisms are apparent for CRS had no budget and little support. February 2010 – there is an effort to bring everyone to see. The Pentagon has been well- different parts of the interagency in, but it is resourced for the past 30 years now, while the The most important thing done during my tenure always an ad hoc process. State Department – and even more so the United States Agency for International Development

Naveed Bandali is the Senior Analyst of the Information S/CRS tried to establish something called the (USAID) – has not been. And because there is a Operations Division at Pax Mondial Limited and a contrib- Interagency Management System, which would very clear overlap between defense, diplomacy uting editor of the Journal of International Peace Opera- tions. standardize how the interagency would work and development, it means that all of those Contact Naveed at [email protected]. together. And in the S/CRS-led world, with seven  22

Journal of International Peace Operations 19 Volume 6, Number 4 — January-February, 2011

Q & A | Ambassador John E. Herbst

 19 | Coordinating Stabilization and Reconstruction | Naveed Bandali activities are essential to our national security. 1,200 members; but that means at the present never really been used. Something like that – time, we would be able to maintain in the field at [though] not necessarily that system itself – could Things which benefit our diplomacy are likely to most 150, maybe close to but not more than 200. ensure that all the relevant players and agencies benefit development and defense positions as And we need the capacity to maintain in the field are brought together in an efficient process; but it well. And the military, because it has had 1,000 or more in perpetuity. has to be established and used. resources, has been able to devote some resources, less to diplomacy, but to development. So we are clearly not resourced at the present time You also need to establish a rigorous planning But even that has a diplomatic impact. So the fact on the civilian side the way we need to be. But process for major civilian operations. There is a is that the Pentagon has been well-resourced and institution building is a slow process in Washing- planning office in S/CRS that needs to be has used some of those resources for develop- ton, DC. Compared to where we were three years empowered to provide the necessary planning for ment activities. This has enhanced the clout of ago, when we had almost no one, having over major operations going forward. And if we do combatant commanders and the Pentagon, which 1,200 is a significant step forward. And my sense that, we will avoid situations like we have had in is why some have complaints about it. is that as this capacity is used, it will be appreci- Iraq and Afghanistan where more than one part ated and additional resources will come. The key of the U.S. government is doing programs in the There are two things that can be done to fix this is that the capacity has to be used. same field, yet they are not talking to one another problem. The best solution is to increase the and they are certainly not developing their resources at State and USAID. Give the funding JIPO: In support of U.S. and international policies, programs together in a coordinated fashion. If we to the people who have the real expertise in this civilian contractors serve parallel to the armed forces, establish a strong interagency system with good work. Unfortunately, for a number of reasons, diplomats and aid workers involved with stabilization and planning, the contractors that we use would work Congress is often reluctant to do that. reconstruction operations around the globe. What can more effectively. They would be part of a team governments do to better leverage the capabilities of private run by U.S. government professionals who have The other solution is to ensure a fully coordinated firms supporting overseas contingency operations? great experience dealing with these sorts of crises process in which any defense resources are spent and the authority to put together a plan of outside of the defense area. That goes back to the Ambassador Herbst: There are a host of firms operations where everyone has an appropriate interagency process. now that have a great deal of international role. experience in difficult circumstances. I do not JIPO: Is it fair to suggest that there is still a dearth of know if we need to ―leverage‖ them. What I do JIPO: In your estimation, what are the implications of the civilian capacity in the U.S. government to support and know is that we need to intelligently marshal our imminent ban on private security firms in Afghanistan? implement stabilization and reconstruction policies in own resources. And here we come back to the conflict and post-conflict zones? need for an intelligent system for organizing our Ambassador Herbst: For civilians to work in government during a major civilian operation Afghanistan there has to be at least some measure Ambassador Herbst: There is no doubt about it. abroad. Again, S/CRS created the Interagency of security. If that security can be provided by the I am proud that the CRC exists. It has at least Management System, which while approved, has military, that is great. If it cannot, then there have to be civilians who provide that security. Therefore you need to have a private security capacity that can operate in a place like Afghani- stan.

JIPO: Drawing on your experiences in Tashkent, can you speak to the issues and opportunities associated with the Northern Distribution Network, which helps supply the international security and stabilization efforts in Afghanistan?

Ambassador Herbst: It is pretty basic. You have two neighbors to the west and east of Afghanistan: Iran and Pakistan. Given our relationship with Iran, that is not going to be a place through which we can supply the government in Afghanistan. Pakistan is of course a place through which we can supply, but there are problems associated with that. As we cannot rely on Pakistan to be the sole

Supplying stability. Photo: Cpt. Mark Nettles/US Army  38

Journal of International Peace Operations 22 Volume 6, Number 4 — January-February, 2011 Insight

Robert S. Wells Africa Needs a New Map

The analysis of coastal economic zones that could improve maritime security

There’s more than one track to maritime security. Photo: Specialist 2nd Class Kilho Park/US Navy

OW can the International Maritime for those interested in Africa‘s maritime safety and have embraced and expanded their participation Organization (IMO), African nations, security. There are of course links to the in the Africa Partnership Station program in West H Africa‘s world trading partners and a host UNCLOS and its detailed EEZ modalities; but and East Africa; and established a Regional of maritime partners help Africa develop its which while adequate for lawyers, these resources Maritime Center of Excellence in Kenya, maritime safety and security environment and would be more useful with the addition of an dedicated to the professional development of new economic development through enforcement of authoritative and accurate visual aid for maritime generations of maritime professionals. Govern- Exclusive Economic Zone (EEZ) rights and planners. mental and institutional thought on strategies and responsibilities without a modern reference map plans concerning maritime safety and security that includes EEZs? Africa deserves to have a new map in 2011 – one have been developed and include the African that depicts not only the territory of each coastal Union‘s Transport Action Plan, South Africa and EEZs, as stated in Article 56 of the United state with its territorial waters, but that also its Institute for Security Studies (ISS) regional Nations Convention on the Law of the Sea delineates their shared EEZs. In drawing and maritime security dialog, and the ―Seapower for (UNCLOS), are maritime zones where coastal publishing such a map, the IMO – in this, the Africa‖ symposium hosted by African navies. states have sovereign rights and jurisdiction for Year of the Seafarer – would acknowledge the purpose of exploring, exploiting, conserving Africa‘s maritime awakening that has occurred The United Nations has also been compelled by and managing the natural resources, and other over the last four years, while also preparing the Somalian piracy and renewed maritime security activities related to the exploitation and explora- continent for its future. concerns stemming from the trans-Atlantic drug tion of the EEZ zone. The EEZ ranges from the transport and illicit fisheries exploitation that end of the 12 mile-territorial sea outward to 200 Africa’s Maritime Awakening impacts the maritime security of the West African nautical miles. region (particularly Guinea and Sierra Leone) to Africa‘s maritime awakening can be traced back to act aggressively with a security council. The Currently, an extensive search for such a map to November 2006, when the Gulf of Guinea partner nation response has also included an illustrating Africa‘s EEZs on the IMO website states met in Cotinou, Benin and signed a effort to improve maritime domain awareness discloses the absence of such an important tool communiqué for a six-point action plan aimed at (MDA). improving maritime security in the Gulf of

Robert S. Wells serves as a Maritime Security consultant Guinea. A new MDA systems architecture has emerged at ISOA member Whitney, Bradley and Brown, Inc. and is that includes the Regional Maritime Awareness a 30 year veteran of the U.S. Navy. Contact Robert at [email protected]. Since then, many of the African coastal states  24

Journal of International Peace Operations 23 Volume 6, Number 4 — January-February, 2011 Insight

 23 | Africa Needs a New Map | Robert S. Wells

Capability (RMAC) – a network of radars, radios (MOWCA) and the Economic Community of creation of development strategies that are and high-powered infra-red binoculars to detect, West African States (ECOWAS). associated with the four essential maritime identify, report on and monitor offshore vessels. domain capability sets: maritime domain African regional shipping using the RMAC Central Africa has functional RMAC systems and awareness, maritime infrastructure, maritime systems is now integrated into the global ship an increasingly effective management framework professionals and maritime response capabilities. tracking Maritime Safety and Security Information through the Economic Community of Central The development activities represent progress in System (MSSIS) database. The participating African States (CEEAC). each of these sets; however, much remains to be nations can now see with their own eyes the level done. of activity in their territorial waters and EEZs, and South Africa has autonomous maritime centers simultaneously sense both the promise and the that use Automatic Identification System (AIS) A new Africa map that includes the EEZs would peril in their future. shipping information and command centers that serve as a new point of departure that could help display the busy Atlantic and Indian Ocean further maritime governance. A new Africa map with EEZs would reflect this shipping lanes. future and also serve as an important element to Africa‘s partner nations, including the United help African countries achieve maritime East Africa has Djibouti and Kenya‘s RMAC‘s, States, European Union, Japan, the United independence in their territorial waters and EEZs and many of the coastal and island nations have Nations and IMO, would be able to use a new in the next generation. acquired Automatic Identification System (AIS) map in order to develop more effective resource installations. allocation strategies in a tough financial environ- For the first time in African history a real ment, and to provide clear, internationally maritime security ―neighborhood watch‖ is The North African nations are participating in the accepted boundaries in which they can help the becoming operational in each of the regional sea Italy-based Regional Virtual Maritime Traffic contiguous states enforce their rights and areas. Control Center (V-RMTC). responsibilities under the UNCLOS.

West Africa has functioning RMAC systems and Africa’s New Map as a Point of Departure These resource allocation strategies will help the regional maritime organization support from the coastal states defend their EEZ interests against Maritime Organization of West and Central Africa Africa‘s maritime awakening has led to the the twelve maritime challenges – ―the dirty dozen‖ with which African coastal states, via their territorial waters and EEZs, must contend.

The dirty dozen maritime security challenges include:

• Exclusive Economic Zone (resource) exploitation • Illegal fishing • Trade disruption • Illegal migration • Environmental attack • Safety violations and the need for Search and Rescue (SAR) • Terrorism • Organized crime • Piracy • Drug smuggling • Human trafficking and slavery • Illegal weapons movement/proliferation

The new map‘s driving purpose would be its ability to serve as a frame of reference for African coastal states to discuss their federal, regional and local plans and investments strategies for governance of the new jurisdictions.

A vision of Africa’s new map. Graphic: Chris Stopa/Whitney, Bradley and Brown, Inc.  38

Journal of International Peace Operations 24 Volume 6, Number 4 — January-February, 2011 Insight

Lieutenant General William B. Caldwell Developing Ministries and Security Forces in Afghanistan

How NATO is securing professionalism in Afghan security forces

Afghan National Army commandos listen to Lt. Gen. William B. Caldwell and Gen. Bismillah Mohammadi. Photo: Sgt. Larry E. Reid, Jr./USAF

HE fight for a stable and secure lack of personnel, and the training that was being months, the Afghan National Army (ANA) total Afghanistan requires a professional, provided focused on getting as many soldiers and strength grew from 97,011 to 138,164, an increase T enduring and self-sustaining security police into the field as quickly as possible, of 41,153 (42 percent), and the Afghan National force. NATO Training Mission-Afghanistan mortgaging quality for quantity. Most police were Police (ANP) total strength grew from 94,958 to (NTM-A) was established on November 21, 2009 recruited and assigned without being trained – and 120,504, an increase of 25,546 (27 percent). In to help build this Afghan National Security Force. also while lacking a living wage, let alone wage total the Afghan National Security Force grew parity with other similar security jobs or even the from 191,969 to 258,668, an increase of 66,699 To support the development of the Afghan Taliban. Recruiting dropped to near record lows (35 percent). However, high attrition remains a National Security Force, NTM-A focused on and there was a lack of solid and credible Afghan long-term concern, especially in units that are three key areas for the first year: grow the force, leadership, particularly at the mid-level. constantly in combat like the Afghan National increase the quality of the force and build the Civil Order Police and army units in Southern foundation to professionalize the force. In the To begin to address these significant challenges, Afghanistan. upcoming year NTM-A will sustain the progress NTM-A worked over the past year to get the achieved to date with a more dedicated focus on inputs right with respect to resources, strategy, While an increase in the quantity of the Afghan continuing growth, building support, enabling organization and people. Part of this effort was National Security Force is a sign of progress, we forces, developing self-sustainable security changing our internal organization to build a realized shortly after the activation of NTM-A systems and enduring institutions, and beginning seamless, combined headquarters and updating that while quantity is important, quality is still the process to professionalize the force. approaches to key programs. These efforts helped imperative. It is the foundation of professionalism our Afghan partners to reverse negative trends, and our number one challenge to building a self- While there were some solid programs at the and to field an infantry-centric army and basic sustaining Afghan National Security Force is establishment of NTM-A, there were urgent police force capable of participating in counterin- developing professionalism within its ranks. challenges due to the lack of resources and narrow surgency operations. Together, the Afghan Professionalism is the key ingredient to an mandate given to the previous command. Some National Security Force and NTM-A have created enduring force that can serve and protect its training facilities were almost shuttered due to significant progress going into the next year. people.

Lieutenant General William B. Caldwell, IV, U.S. Army, is Commanding General of the NATO Training Mission- Over the last year, the Afghan National Security To address this, NTM-A has emphasized literacy, Afghanistan in Kabul, Afghanistan. Force has enjoyed extraordinary growth and as it is the basis for professional military and law increased training capacity. In the first ten  26

Journal of International Peace Operations 25 Volume 6, Number 4 — January-February, 2011 Insight

 25 | Ministerial and Security Force Development in Afghanistan | Lieutenant General William B. Caldwell enforcement personnel. Training improved, partly operationally capable and sustainable force by contracting practices. as NTM-A focused on three steps for training: 2016. With NTM-A support, all elements of the train Afghan recruits, train Afghans to be trainers Afghan National Security Force improved in Both of these measures ensure that the money and train Afghans to assume control of their logistics, intelligence, medical, legal and communi- that the Afghan government and international systems and institutions. cations. However, there is still much work to be community are providing to their security force done. are getting to the right people and not creating For the army, we brought on line the first ANA negative effects on soldier and police develop- branch and specialty schools, which will develop Ministerial development programs, run by the ment. specialized skill sets to facilitate the ANA U.S.-only section of NTM-A (called the becoming an enduring, self-generating and self- Combined Security Transition Command – NTM-A‘s Afghan First and Afghan Made sustaining force. Afghanistan) assisted the Afghan Ministries of procurement initiatives created thousands of Defense and Interior in building systems required enduring, sustainable Afghan jobs and ensured For the police, the Ministry of Interior and NTM- to grow and professionalize their security that we are enabling indigenous manufacturers to A implemented a new model of ―Recruit-Train- ministries. Today, our advisory efforts have been outfit and equip the Afghan National Security Assign,‖ which makes training mandatory for all reorganized and we have brought in more senior Force. NTM-A is currently about 75 percent police recruits and thereby provides entry-level advisors with specialized skills, both civilian and manned after receiving an influx of U.S. and professionalization for the Afghan Uniformed military. These changes allowed NTM-A advisors NATO personnel since November 2009. Twenty- Police. to facilitate steady, incremental progress in the nine Coalition nations provide troops to NTM-A; Afghan Ministries of Interior and Defense over another six nations have pledged future troop Additionally, the Afghan government started an the past year. support. initiative to establish Afghan Local Police (ALP). The ALP are local police forces and will help This progress includes NTM-A anti-corruption In addition to personnel, 21 nations also ―thicken‖ security and set the conditions for efforts that focus on preventive behavior supported Afghan National Security Force enduring local security, enabling increased modification, which encourages Afghan National development through a variety of donations development and governance in local areas. Security Force leaders to be aggressive in their anti including infrastructure, supplies, equipment, and -corruption efforts. Some of the major efforts to NATO Trust Fund deposits. Although this Finally, NATO Air Training Command- stem corruption include implementing electronic progress is promising, approximately eight Afghanistan (NATC-A) assisted the Afghan Air funds transfers of pay to provide transparency for hundred more institutional trainers are needed to Force in making significant progress towards salaries and following International Security fill all NATO trainer positions; a lack of these becoming a professional, fully independent, Assistance Force guidance on counterinsurgency specialty trainers will undermine further progress and ultimately delay transition.

For the next year, NTM-A will assist the Afghan National Security Force in leveraging the solid foundation we collectively built. While there has been substantial progress in growth and in building the training base, and while we are optimistic about the future, we are realistic about the challenges we face. The NTM-A vision for next year is sustaining the momentum we have built.

To support this vision, NTM-A‘s focus areas will be: continue growth, build support, enable forces, develop self-sustainable security systems and enduring institutions, and begin the process to professionalize the force.

The Afghan National Security Force and NTM-A have formed a strong, winning team. It is truly a team of teams to meet the challenges of the coming year – challenges that can be overcome with proper planning, effort, stewardship and resourcing.  An Afghan helicopter crew chief marshals out an Air Interdiction Unit helicopter. Photo: NATO Training Mission

Journal of International Peace Operations 26 Volume 6, Number 4 — January-February, 2011 Insight

Geoffrey Goldberg Advancing Contingency Operations in Africa

How contractors can enhance peacekeeping in fragile states

Looking for a solution. Photo: Milton Grant/UN

N order to advance contingency operations in Even with international assistance from both the of Africa, having already yielded positive and Africa, there must be increased advocacy for United Nations and African Union, the situation productive results. I the use of private military, security, intelli- remains extremely fragile, while peacekeeping gence, and logistics contractors in support of operations remain relatively ineffective. Additional The DoS contract authorizes DynCorp to provide international stability operations. international assistance from other nations able to assistance to the African Union Mission in contribute security forces is lacking, if it exists at Somalia (AMISOM). All operations in support of Most support for the concept of practicality stems all. We see this apathy not only in Somalia, but peacekeeping contingency operations, ranging from situations where too few peacekeepers are also in conflicts plaguing the Democratic Republic from aviation and transportation, to infrastructure spread too thin, do not possess the necessary skill of the Congo and the Sudan. and development, as well as security, training and sets and capabilities, and thus are unable to mentoring, can be classified under the company‘s respond effectively. The stability operations Over the years, efforts have been made in some Rapid Response Adaptable Solutions and Mission industry is more than capable of filling a specific parts of the world to advance the operational Support Solutions. More specifically, the company void, whether due to an inherent lack of personnel concept of utilizing contractor capabilities for continues to equip, supply, transport, support and and resources, or shortcoming of political will at specific use in contingency operations. The train the Burundian and Ugandan peacekeeping home. A case in point is the Horn of Africa. African Peacekeeping Program (AFRICAP) under units of AMISOM. the U.S. Department of State (DoS), maintains a In the most understated terms, the political mission statement of sponsoring and supporting The initial concept of operations included the situation in Somalia can be described as highly capacity building in African nations, while transportation of troops and supplies in, out and unstable. The ongoing civil conflict between the assisting in the prevention of conflict, as well as throughout Somalia, one of the most logistically struggling Transitional Federal Government and facilitating conflict resolution. challenging and time-consuming tasks for the the battling Islamist factions within, including al- African Union prior to outside assistance, largely Shabaab and Hizbul Islam, persists with increasing Four private contractors have been selected to due to the lack of personnel and vehicles. Less hostility. fulfill contracts in support of contingency than a month after authorization by the U.N. operations for the DoS-directed AFRICAP, as of Security Council, the company was operational,

Geoffrey Goldberg is an International Policy Specialist September 2009. This contract totals $1.5 billion, on location, and transporting troops. with Strategic Social, LLC. and a former Research Associ- allotting $375 million each to AECOM, DynCorp ate at ISOA. Contact Geoff at [email protected]. International, PAE and PSI. DynCorp proves to An additional example of contractor involvement be an excellent case study with regard to the Horn  28

Journal of International Peace Operations 27 Volume 6, Number 4 — January-February, 2011 Insight

 27 | Advancing Contingency Operations in Africa | Geoffrey Goldberg is the equipping and training of peacekeeping Today, peacekeeping operations, along with a troops, such as the Marine Unit of the Ugandan viable police force, are an absolute necessity in the Peoples Defense Force, which has since been DRC. Currently, the United Nations Mission to deployed to Mogadishu. the DRC (MONUSCO) works towards establish- ing stability, as a combined result of the First Contracting responsibilities require transportation Congo War, Second Congo War (which evidence to forward deployed A.U. forces across the state suggests is ongoing), and Kivu Conflict. The to ship, equip and re-supply. They have also nation‘s extremely complex and volatile stability effectively provided maintenance to the majority situation is currently further undermined by of the AMISOM fleet. A variety of equipment has Congolese rebel regiments who continue to been supplied, including brand new armored attack, plunder, torture, kidnap, exploit, and rape vehicles, rigid hull inflatable boats, trucks and their way through villages. The highly mobile trailers, to construction equipment, generators and presence of the Lord‘s Resistance Army that water pumps. According to DynCorp Interna- continues to terrorize the border region of the tional statistics, the company has efficiently DRC, Sudan, Uganda, and the Central African provided infiltration and exfiltration to accommo- Republic only compounds the problem. Peacekeeping needed. Photos: Albert Gonzalez Farran date in excess of 12,000 African peacekeepers; operated more than 280 airborne evacuations via The introduction or addition of private security provide the protection that is proportionate to the company aircraft; and transported in surplus of 15 contractors would potentially benefit peacekeep- ongoing civil war, sporadic engagements between million pounds of cargo by sea, air and land. ing operations, by either directly strengthening the multitude of actors involved, and the millions DynCorp states that these significant services stability with an armed presence with regards to of vulnerable displaced persons. have provided for the first presence of practical protection and security services, or indirectly with peacekeeping operations forces in Somalia in 12 fully-integrated long-range logistical support to Moreover, tensions are certain to escalate in the years. continuing contingency operations of the coming months with the schedule national peacekeepers. referendum. The introduction of a significant The Somalia case study can provide a fundamental security contractor presence in support of stability framework for engagement in a variety of Similarly, there is a dire need for an urgent operations throughout the nation would alleviate instability or security situations, and this model proactive and reactive peacekeeping security some of the pressure on the peacekeeping parties can then be further adapted for specific peace- presence in the highly unstable nation of the involved, thereby greatly improving regional keeping activities in specific regions or areas of Sudan, particularly in Darfur. The United Nations stability. operations. Many cite the DRC and Sudan as two African Union Mission in Darfur (UNAMID) has prospective examples for such application. a security presence that is not sufficient enough to The recurring dilemma is not the actual presence of a peacekeeping force, but rather the lack of effectiveness in acting as a catalyst for peace, and most importantly, in protecting innocent lives.

Unfortunately, in many cases, the United Nations can only serve as an observer in regions of conflict, while engaging the antagonists and/or combatants if, and only if, fired upon. In other cases, peacekeeping forces are overstretched and unable to deploy as widely as necessary; thus, they are unable to be in the vicinity of each skirmish or promptly respond to every incident.

Through the addition of private contractors in regions of conflict, be it Somalia, the Democratic Republic of the Congo or the Sudan, stability can be increased across the African continent. Ultimately, if we are serious about success in advancing contingency operations in Africa, then we must seriously consider the operational practicality of the private security industry. 

Standing brave...and few. Photo: Martine Perret/UN

Journal of International Peace Operations 28 Volume 6, Number 4 — January-February, 2011 Columnists

Ambassador Herman J. Cohen (Ret.) Côte d’Ivoire: A Tale of Two Presidents

A contested election strains ethnic divides and peacekeeping strides

Alassane Ouattara and Laurent Gbagbo cast their votes. Photos: Basile Zoma/UN

HERE are many different and creative The Constitutional Court, the highest judicial the international community. ways of rigging an election, but the tribunal in the nation, studied the results and T November 2010 presidential election in declared that a bunch of election districts in the As of this article‘s publication, the two-president Côte d‘Ivoire takes the cake. northern part of Côte d‘Ivoire had suffered from stalemate, each claiming legitimacy, continues. vote fraud and ballots from those districts were Gbagbo enjoys the loyalty of the military, thereby After spending five years beyond his normal declared invalid. Just by coincidence, the nullified making his ejection by force problematic at best. mandate haggling over the definition of voter ballots changed the results so that Gbagbo had 52 However, the message from the international eligibility, President Laurent Gbagbo finally percent, and Ouattara had 48 percent. community is unanimous: ―Gbagbo should step accepted a compromise election formula down.‖ proposed by the United Nations. On that basis, a However, the U.N. special representative had not presidential election was held in November to waited for the Constitutional Court. He declared As is always the case in African politics, the December 2010. The first election round with Ouattara the winner immediately after the final background to the current struggle is far bigger about a dozen candidates reduced the field to a count was announced by the election commission. and more complex than just a clash between two runoff round with the two leading vote recipients, At the same time, Ouattara received congratula- ambitious politicians. Before the beginning of civil incumbent president Gbagbo, and opposition tions and recognition as the winner from strife and instability in 1999, Côte d‘Ivoire was leader Alassane Ouattara. President Barack Obama, President Nicolas one of the best economic performers in Africa. Its Sarkozy of France, the African Union and the production of cocoa, coffee, pineapples and other The Independent Election Commission, Economic Union of West African States tropical commodities brought in lots of export representing all political groupings in the country, (ECOWAS). earnings. Much of those earnings were shared counted the ballots under the supervision of the with the producers and farmers, unlike commod- United Nations and international observers. The For his part, Gbagbo accepted the verdict of the ity earnings in most other African countries. Côte final count gave 52 percent to Ouattara and 48 Constitutional Court and had himself sworn in as d‘Ivoire was a role model for economic develop- percent to Gbagbo. Then, a funny thing happened the new president, succeeding himself. Yet, having ment and poverty reduction. on the way to the inauguration. received all those international endorsements, Ouattara also swore himself in. So, Côte d‘Ivoire Ethno-political and demographic issues began to ended up with two presidents, one designated as rise to the forefront toward the mid-1990s. For Ambassador Cohen is a former Assistant Secretary of State for Africa and is President of Cohen & Woods legitimate (Ouattara) and the other as illegitimate the previous five generations, the Sahel countries International. (Gbagbo) by the United Nations and the rest of  30

Journal of International Peace Operations 29 Volume 6, Number 4 — January-February, 2011 Columnists

 29 | Côte d’Ivoire: A Tale of Two Presidents | Ambassador Herman J. Cohen (Ret.) to the north of Côte d‘Ivoire provided plantation populations of the north becoming a majority. labor. Hundreds of thousands of migrant workers from Burkina Faso, Niger, Chad, and Mali came The greater implications of the presidential to work on the plantations. Remittances from election, which, again, gave the Muslim Ouattara these migrant plantation farmers to their home the victory over the Christian Gbagbo, are that families in the neighboring countries became the Ivoriens of Sahel origin may already have the important elements in those nations‘ efforts to majority, or are moving steadily toward achieving keep populations above the poverty line. it. This prospect scares the southern Christians, who feel they are the legitimate ―owners‖ of Côte The extensive use of migrant farm labor from d‘Ivoire. If your grandfather or great grandfather countries to its north helped make Côte d‘Ivoire was not born in Côte d‘Ivoire, you should not be one of the most prosperous and most promising eligible to vote, according to them. This issue economic performers in West Africa; but there escalated to a five-year civil war from 2000 to were unintended consequences from this policy. 2005. After five generations, a considerable number of foreign migrant families qualified for Ivoirien What is likely to happen next? If Gbagbo A nation waits. Photo: Basile Zoma/UN citizenship by virtue of their birth in Côte toughens up and decides not to step down, he will d‘Ivoire. The population of persons holding face tremendous pressure and opprobrium from A lot will depend on the willingness or unwilling- citizenship in neighboring countries, but living both the domestic and international communities, ness of neighboring countries to the north, all of and procreating in Côte d‘Ivoire, is now quite including isolation and sanctions. There may also which favor the Sahelian Ouattara, to provide significant; and up to hundreds of thousands of be a return to civil war, given that Ouattara‘s arms and other support to a resumption of descendents of those original migrants, who were supporters control military, police and political insurgency against Gbagbo. Let us hope that the born in Côte d‘Ivoire, are demanding the right to power in the northern part of the country. international political pressure persuades Gbagbo vote. Ouattara is a northerner Muslim who to step down before the pressure for war reaches identifieds with the culture of the Sahel migrants. The short-term prospect for stability in Côte its boiling point. Most of the migrant families are Muslim. d‘Ivoire is very low. There is a contingent of U.N. However, the original founders of independent troops in the country, keeping the peace between Even with all of this in mind, an additional benefit Côte d‘Ivoire are coastal people who are mainly the country‘s Sahelian north and Christian south; of Gbagbo‘s stepping down would be a boost for Christian or Animist; and these people fear that but if big war breaks out, the U.N. blue helmets democracy, which appeared to work quite well in the demographic trend is running against their are not likely to be able to stop it. the presidential election, constitutional court kind, and that there is a risk of the Muslim rigging notwithstanding. 

 04 | Squandering the Potential for Success| Doug Brooks problem confronted may be the limited time and reinforce essential lessons from the training see very capable and knowledgeable people trying necessary to properly train an effective police that the police will need to do their jobs to achieve the impossible without the time and force before an expected U.S. military withdrawal. effectively and professionally. Most mentors are personnel necessary. contractors as well, tasked with one of the most Many of the problems facing the current dangerous jobs in Afghanistan. An essential point As seen in the ACOTA program in Africa and command – as well as the very real successes – are raised during the ISOA-hosted discussion was the other training programs in the Balkans and catalogued in an article by Lieutenant General need to earn the confidence of the Afghan elsewhere, the private sector has the capability and William B. Caldwell, the Commanding General of population, something that can only be done with resources to provide the essential support and the NATO Training Mission-Afghanistan [see p. a professional police force. Mentors have a key personnel to transform this imminent catastrophe 25 of this issue]. Although it is clear that the role in ensuring that outcome. into a program that might actually leave Afghans NATO training has the right goals and concepts, a with soldiers and police they can trust, and in shortage of nearly 1,000 trainers is compounded Although there is increasingly heated debate over numbers that will make a difference in the viability by an apparently high-level and short-sighted supporting the international operation in of an Afghan state. decision to shun the use of contractors to fill this Afghanistan, no rational observer could argue gap. against the goal of leaving Afghans with effective The origin of the main resistance to utilizing the and professional security. private sector‘s near limitless resources for this Finally, mentors have an essential role to support training is unclear, but abandoning Afghanistan police training in the field. Mentor programs Ideally, the world‘s finest militaries and police with unfinished security sector reform would be a bring experienced police from more developed forces could gather the resources and capabilities humanitarian disaster and allow the country to nations to deploy in the field with the newly to achieve that objective, but despite the best of once again fall into the chaos characteristic of the trained Afghan police. They help to implement intentions no one is making that case. Instead, we post-Soviet period. 

Journal of International Peace Operations 30 Volume 6, Number 4 — January-February, 2011 Columnists

Gary Sturgess The Profit Motive

Forging the path from suspicion to public trust

Popular perceptions of the contractor. Photos: Stock

USPICION of the profit motive is a thread justified rather than the other, for every one Of the world‘s ransom, blessed Mary‘s Son; that runs through the long history of public that exalteth himself shall be abased, and he This land of such dear souls, this dear, dear S service contracting, and it recurs with such that humbleth himself shall be exalted. land, frequency that it should not be lightly dismissed Dear for her reputation through the world, by those who advocate competition and The contractor in question was a tax collector, but Is now leas‘d out – I die pronouncing it – contracting in public services. There are no doubt the word used for these men in the New Like a tenement or pelting farm. earlier examples, but let us start with the New Testament – publicani – was used by the Romans England, bound in with the triumphant sea, Testament, where Jesus uses the universal dislike to refer to any government contractor. Whose rocky shore beats back the envious of tax farmers to underpin his Parable of the siege Modest Contractor. The same suspicion was there in medieval times: Of wat‘ry Neptune, is now bound in with in early 12th century England, when writing about shame, Two men went up into the temple to pray, one Henry I‘s use of Breton mercenaries, William of With inky blots and rotten parchment bonds; a Pharisee, and the other a public contractor. Malmesbury damned him for ―hiring the faith of That England, that was wont to conquer The Pharisee stood and prayed thus with faithless people.‖ others, himself, ―God, I thank thee, that I am not as Hath made a shameful conquest of itself. [1] other men are, extortionists, unjust, adulterers, John of Gaunt‘s majestic speech in Shakespeare‘s or even as this contractor. I fast twice in the Richard II, in which he attacks the king‘s An anonymous political tract of 1771, attributed week. I give tithes of all that I possess.‖ mismanagement of the kingdom and his to Samuel Johnson, condemned the profiteering securitization of future revenues through of military contractors: And the contractor, standing afar off, would ―leasing‖ is a searing attack on what today might not lift up so much as his eyes until heaven, but be called ―public-private partnerships‖: If he that shared the danger shared the profit; if smote upon his breast, saying, ―God be he that bled in the battle grew rich by the merciful to me a sinner.‖ This blessed plot, this earth, this realm, this victory, he might show his gains without envy. England, But at the conclusion of a ten years war how I tell you, this man went down to his house This nurse, this teeming womb of royal kings, are we recompensed for the death of multi- Fear‘d by their breed as far from home, tudes, and the expense of millions, but by

The author is Executive Director of The Serco Institute. For Christian service and true chivalry, contemplating the sudden glories of paymasters As is the sepulchre in stubborn Jewry  32

Journal of International Peace Operations 31 Volume 6, Number 4 — January-February, 2011 Columnists

 31 | The Profit Motive| Gary Sturgess

and agents, contractors and commissaries, tions. be the most narrowly watched, is therefore the whose equipages shine like meteors and whose properest man to choose.‖ palaces rise like exhalations. This was the subject of extensive discussion and debate in the late 18th and early 19th centuries, as Still, are there things that might be done to reduce In the early 19th century, the British political traditional, hierarchical societies in Europe gave these concerns? The most obvious response, as philosopher Jeremy Bentham – who can best be way to more open, market-oriented ones. There Bentham recognized, is that if contractors are described as the father of modern contract theory was an extensive popular literature that debated rich, ―this is not the fault of the system, but of the – concluded that ―Public opinion is but little ―writing, fighting and marrying for money‖ (as conditions of the bargain made with them,‖ i.e. favorable to the system of contracts. The savings one historian of the period has recently described the government needs to be a smarter customer. which result to the state are forgotten, whilst the it). James Fenimore Cooper, Jane Austen and Sir A modern critic of military contracting Deborah profits reaped by the farmers are recollected and Walter Scott all dealt with this issue in their Avant has argued: "If customers choose exaggerated.‖ writings. ‗cowboys‘ more often, they will (intentionally or not) reshape professional norms.‖ And at the height of the British Empire, Rudyard Of course, the boundaries of acceptability change: Kipling wryly observed: it is no longer necessary for professional authors To Edmund Burke, the answer lay in reasonable to insist that they do not write for money. But in returns: ―An honorable and fair profit is the best Who shall doubt ‗the secret hid the public domain, people remain deeply security against avarice and rapacity; as in all Under Cheops‘ pyramid‘ interested in the motives of those who deliver things else, a lawful and regulated enjoyment is Was that the contractor did services. The 1901 motto of the Royal Army the best security against debauchery and excess.‖ Cheops out of several millions? Medical Corps – ―faithful amid difficulties‖ – Or that Joseph‘s sudden rise resonates with the public-at-large. Of course, Faithfulness in the face of difficulty also makes a To Comptroller of Supplies ―faithful‖ does not collect the garbage if service difference. Many people in Denmark do not Was a fraud of monstrous size providers are overwhelmed by difficulty. The know or care that their fire and ambulance service On King Pharoah‘s swart civilians?[2] public also expect services to be efficient, is owned and operated by a private, for-profit effective and accountable – which is why, in spite provider, since Falck has always been there when What explains this deep suspicion of profit- of the suspicion, there is still a place for it mattered. Wells Fargo, the 19th century express making from public services? In large part it arises competition and contracting. company that also provided banking and postal from concerns about mercenary motives. services, first won a place in the hearts of the Edmund Burke, the 18th century philosopher and Indeed, Bentham regarded suspicion as one of the people of the Pacific Coast by staying open politician (who was not averse to contracting) told great strengths of the contracting system: during a monetary crisis, paying out deposits. the House of Commons in 1783: ―We had not a ―Jealousy is the life and soul of government. right to make a market of our duties.‖ Most of us Transparency of management is certainly of no Competitive tendering is another part of the cure. believe that there are aspects of our life that ought avail without eyes to look at it. Other things being They may not like rich profits, but the public likes not be driven primarily by monetary considera- equal, that sort of man whose conduct is likely to competition. Tenders are a ritualized contest, in which providers compete head-to-head to deliver better value for the taxpayer. Of course, like any human institution, it is often flawed, sometimes fatally, but the public likes competitive tendering because it offers a much greater degree of transparency.

Given its long history, public suspicion of profit- making may well be the life and soul of contract- ing, but some companies have succeeded in winning the public‘s trust. 

Footnotes

1. William, Shakespeare, Richard II, Shakespeare.Select Plays, ed. W.G. Clark and W.A. Wright, Oxford (Clarendon, 1876): 21. 2. Runyard Kipling, ―A General Summary,‖ The Kipling Society, http://www.kipling.org.uk..

A familiar face in Denmark. Photo: Stock

Journal of International Peace Operations 32 Volume 6, Number 4 — January-February, 2011 Professional Development

Journal of International Peace Operations 33 Volume 6, Number 4 — January-February, 2011 Professional Development

Journal of International Peace Operations 34 Volume 6, Number 4 — January-February, 2011 ISOA Membership Directory

The ISOA Membership

The International Stability Operations Association

The International Stability Operations Association is proud to have a multisectoral membership that represents the many various aspects of operations performed in conflict, post-conflict, disaster relief and reconstruction efforts. The Membership Directory attempts to provide a visualization of the different roles that our member companies fulfill in contingency operations by using the icons below to classify each company‘s activities.

Armored Vehicles Construction Ground Transportation Legal, Accounting and Risk Management Logistics Compliance Services

Aviation Logistics Consulting Human Development Logistics, Freight Security and Maintenance Services and Capacity Building and Supply

Aviation: Rotary Demining and Information Medical Support Security Sector UXO Removal Technology Services Reform

Base Support Equipment Intelligence Services Product Suppliers Shelter and Logistics and Analysis and Manufacturers

Communications and Fleet Management, Language Services Recruitment and Training Tracking Leasing & Maintenance and Interpretation Human Resources

Abbreviations HQ Location of company headquarters W Website PC ISOA Point-of-Contact/Designated Delegate YM Number of years as Member of ISOA

AECOM Technology Corporation Air Charter Service PLC ARINC Engineering Services LLC HQ Los Angeles, California HQ Surrey, United Kingdom HQ Annapolis, Maryland W www.aecom.com W www.aircharter.co.uk W www.arinc.com PC Col. Rick Orth (Ret.) PC Tony Bauckham PC Bradley J. Little YM 2.6 years YM 0.7 years YM New Member

Aggreko AMECO BAE Systems HQ Houston, Texas HQ Greenville, South Carolina HQ Rockville, Maryland W www.aggreko.com W www.ameco.com W www.baesystems.com PC Belinda Encarnacion PC Paul Camp PC Mary Robinson YM New Member YM 5.4 years YM New Member

Agility American Glass Products Baker Tilly HQ Safat, Kuwait HQ Ras Al Khaimah, U.A.E. HQ Vienna, Virginia W www.agilitylogistics.com W www.agpglass.com W www.bakertilly.com PC Thomas Shortley PC Tobias Beutgen PC Bill Keating YM 4.9 years YM 2.6 years YM 0.7 years

Journal of International Peace Operations 35 Volume 6, Number 4 — January-February, 2011 ISOA Membership Directory

Burton Rands Associates FSI Worldwide International Relief & Development HQ Washington, D.C. HQ Dubai, U.A.E. HQ Arlington, Virginia W www.burtonrands.com W www.fsi-worldwide.com W www.ird.org PC Nicola Lowther PC Nicholas Forster PC Jeffrey Grieco YM 1.9 years YM 2.6 years YM New Member

Crowell & Moring LLP GardaWorld J-3 Global Services HQ Washington, D.C. HQ Montreal, Canada HQ Tulsa, Oklahoma W www.crowell.com W www.garda-world.com W www.j-3globalservices.com PC David Hammond PC Andrew Gibson PC Joe Woolslayer YM 2.5 years YM 2.2 years YM 4.5 years

DLA Piper LLP Gibson, Dunn & Crutcher LLP MineWolf Systems HQ London, United Kingdom HQ Washington, D.C. HQ Pfaffikon, Switzerland W www.dlapiper.com W www.gibsondunn.com W www.minewolf.com PC Tara Lee PC Joseph D. West PC Philipp von Michaelis YM 1.8 years YM 0.6 years YM 2.4 years

DynCorp International HART Mission Essential Personnel HQ Falls Church, Virginia HQ Limassol, Cyprus HQ Columbus, Ohio W www.dyn-intl.com W www.hartsecurity.com W www.missionep.com PC John Gastright PC Claire Kee PC Chris Taylor YM 3.6 years YM 6.0 years YM 2.4 years

Ecolog International Holland & Hart LLP MPRI, an L-3 Division HQ Dubai, U.A.E. HQ Denver, Colorado HQ Alexandria, Virginia W www.ecolog-international.com W www.hollandhart.com W www.mpri.com PC Florin Hasani PC Trip Mackintosh PC Hank Allen YM 2.6 years YM 1.6 years YM 8.0 years

EOD Technology, Inc. Interconex, Inc. New Century HQ Lenoir City, Tennessee HQ Sterling, Virginia HQ Arlington, Virginia W www.eodt.com W www.interconex.com W www.newcentcorp.com PC Bill Pearse PC Kieran Kayatin PC Laura Engelbrecht YM 5.0 years YM New Member YM 2.3 years

Frank Crystal & Company International Armored Group Olive Group HQ Washington, D.C. HQ Ras Al Khaimah, U.A.E. HQ Dubai, U.A.E. W www.fcrystal.com W www.interarmored.com W www.olivegroup.com PC Jeffrey Wingate PC Sally Stefova PC Gene Sticco YM New Member YM 3.5 years YM 5.0 years

Journal of International Peace Operations 36 Volume 6, Number 4 — January-February, 2011 ISOA Membership Directory

OSPREA Logistics Relyant SOS International Ltd. HQ Cape Town, South Africa HQ Maryville, Tennessee HQ Reston, Virginia W www.osprea.com W www.gorelyant.com W www.sosiltd.com PC Salih Brandt PC Tiffany Midyett PC Michael K. Seidl YM New Member YM 1.4 years YM 2.9 years

OSSI, Inc. Rutherfoord Telum Protection Corp HQ Miami, Florida HQ Alexandria, Virginia HQ Southern Pines, N. Carolina W www.ossiinc.com W www.rutherfoord.com W www.telumcorp.com PC John Wallbridge PC Sara Payne PC Alfredo Quiros YM 5.0 years YM 2.6 years YM New Member

Overseas Lease Group Securiforce International America Triple Canopy HQ Fort Lauderdale, Florida HQ Fort Worth, Texas HQ Herndon, Virginia W www.overseasleasegroup.com W www.securiforce-ia.com W www.triplecanopy.com PC Tracy Badcock PC Kenneth Nix PC Mark DeWitt YM 2.8 years YM 1.7 years YM 4.2 years

PAE Securiguard Inc. Unity Resources Group HQ Arlington, VA HQ McLean, Virginia HQ Dubai, U.A.E. W www.paegroup.com W www.securiguardinc.com W www.unityresourcesgroup.com PC Tom Callahan PC Peter McVety PC Jim LeBlanc YM 4.7 years YM 2.3 years YM 3.8 years

Paramount Logistics Shield International Security URS Federal Services HQ Johannesburg, South Africa HQ Seoul, South Korea HQ Germantown, Maryland W www.paramountgroup.biz W www.shieldconsulting.co.kr W www.urscorp.com PC Richard Merrison PC Lucy Park PC Robie Robinson YM 1.9 years YM 0.4 years YM 1.4 years

Pax Mondial Shook, Hardy & Bacon LLP Whitney, Bradley & Brown Inc. HQ Arlington, Virginia HQ Washington, D.C. HQ Reston, Virginia W www.paxmondial.com W www.shb.com W www.wbbinc.com PC Paul Wood PC David Douglass PC Bob Wells YM 1.7 years YM 1.3 years YM 2.0 years

Reed Inc. SOC Inc. WSI HQ Leesburg, Virginia HQ Chantilly, Virginia HQ Arlington, Virginia W www.reedinc.com W www.soc-usa.com W www.armorgroup.com PC Marius van der Riet PC Shawn James PC Mike O‘Connell YM 4.3 years YM 3.5 years YM 7.3 years

Journal of International Peace Operations 37 Volume 6, Number 4 — January-February, 2011 Q & A | Ambassador John E. Herbst

 22 | Coordinating Stabilization and Reconstruction | Naveed Bandali supplier, the northern route is very important. JIPO: In your view, what lessons may be drawn from normal here in the West can be established over the wars in Afghanistan and Iraq? there. Certainly among the most important things I did while in Uzbekistan was to help establish a base Ambassador Herbst: I think the most JIPO: Do you have any strategic recommendations for the there from which we could conduct operations, important lesson is that we need to have a very Obama administration with respect to Afghanistan and and also to help open the Afghanistan-Uzbekistan clear and well-grounded objective when we Pakistan? Friendship Bridge to put humanitarian supplies decide to engage. We need to understand what into Afghanistan in 2001. we can achieve and what we cannot, and limit Ambassador Herbst: I think that we have a critical ourselves to realizable objectives that will have interest in making sure that Afghanistan cannot be a Again, we need to have more than one route into the strong support of the American public so base from which terrorists could conduct an attack Afghanistan, and of course not just through that we can sustain a successful operation. against the United States, and the same for Pakistan. Uzbekistan, but Tajikistan, Kazakhstan and Kyrgyzstan – all of which have been helpful in We need to be careful about defining objectives: I think that we need to pursue goals in both providing supplies through the north. we do not want to be overly ambitious and we countries that we can achieve, and we should avoid do not want to assume that things that are additional goals that may be beyond our capacity to achieve and may take our attention off of the principle objectives and interests we have there.

JIPO: What is on the horizon for you at the Center for Complex Operations (CCO)?

Ambassador Herbst: The CCO has established a superb quarterly journal, PRISM, devoted to stabilization operations, peacebuilding and conflict prevention. We are doing an extensive lessons learned project for Iraq and Afghanistan. And we are also doing a series of conferences on specific issues that relate to this field, such as Sudan, human terrain systems, illicit networks and others in the pipeline as well.

Beyond that, I would like to see the CCO take up practical assignments for the regional combatant commanders related to specific problems of conflict prevention and response. 

The views expressed in this interview do not necessarily reflect those of the Department of Defense or State or the U.S. Government.

A Civilian Response Corps meeting with leaders in North Darfur. Photo: State Department

 24 | Africa Needs a New Map | Robert Wells

It would also assist stability and development maritime safety and security capacity can help score the IMO‘s enduring commitment to maritime organizations and partner nation efforts to the cause by urging the IMO to make Africa‘s safety and security. As they always say: At sea, good coordinate their technical assistance strategies. new map a priority. voyage planning requires the latest chart. Scientists, shipping communities and educators would potentially have more impact with their Providing Africa with a new map as we begin Once a new African map with EEZs is available, studies, policy and resource allocations through 2011 is a positive first step that would signal a projects involving the development of African specializing in their maritime area of interest. serious commitment by policy makers to Africa‘s maritime safety and security capacity can navigate maritime security and maritime infrastructure their programs with new confidence.  The Way Ahead development needs.

The members of the stability and development It would also simultaneously acknowledge community involved with improving Africa‘s African independence for the future and under-

Journal of International Peace Operations 38 Volume 6, Number 4 — January-February, 2011

Photo: Olivier Chassot/U.N. Olivier Photo:

There is something new about IPOA. But there is nothing new about our members’ commitment to supporting stability operations, reconstruction and development.

The International Stability Operations Association serves as a valued and trusted association representing ethical and professional organizations partnering in stability, support and development efforts worldwide.

Ask your service provider: Are you a member of ISOA?

INTERNATIONAL STABILITY OPERATIONS ASSOCIATION

www.stability-operations.org