1 Compulsion: Natural Born Killers?

Notes

1. In G.S. Miller’s review (p.472) of Zuckerman’s second book on primate behaviour, Functional Affinities of Man, Monkeys and Apes. 2. Some scholars have argued that the impact of this work was wholly misleading. For example, see the Introduction by Ashley Montagu in Power (1991 p.xiv). 3. The contemporary situation is far different. A recent Google search of the term “human aggression” used in book titles revealed 792 entries. 4. The insistence that a human being (especially “man”) is unique and not remotely like any other creature undoubtedly arises from a variety of religious traditions that set human beings apart from the rest of “creation”. 5. See the writings of sociologist Lewis Coser (1956). 6. One study undertaken during the mid-1980s found that around 40% of American university students believed that war was intrinsic to human nature. 7. Adams perhaps wanted to avoid saying straight out that “It is wrong”, but he was taken to task by at least one critic for not employing the scientifically respectable formula of “not demonstrated” (see Beroldi, 1992). 8. Threats could emanate both from other species trying to eat or harm offspring and from conspecific members of a group or colony that are acting in such a way as to pose a threat. 9. David Grossman recalls that a major study of US combat infantrymen in World War II found that only 15%–20% of riflemen directly engaged in combat would fire their weapon at the enemy (Grossman, 2010 pp.36–37). 10. The exact length of “prehistorical” time depends upon whether one includes the era of Homo erectus – about 2 million years before the present (BP) – or begins with their successors, modern Homo sapiens, who were hunter-gatherers between approximately 50,000 and 12,000 BP, the first date from which settled agriculture has been identified. 11. Fry very carefully distinguishes between “nomadic” hunter-gatherer bands (which, he argues, are those most akin to the kind of social organization within which most human beings lived for at least 35 millennia), “settled” hunter-gatherers (who possessed a territory) and “equestrian” hunter-gatherers (a relatively recent innovation). 12. Wrangham and Petersen seem to agree that the ability to form alliances is an important – and biologically generated – tendency, arising from the need for males to protect their social status vis-à-vis other males (Wrangham & Peterson, 1996). 13. At a crude level, it might be argued that, given that another potential model of our historic ancestors might be “man the hunted”, the ability to run like mad when so required might be a much more adaptive form of behaviour to be passed on (genetically) to one’s successors than the ability to beat up one’s fellows to achieve a leadership position. 14. Frans de Waal notes that in bonobos there are much longer periods during which females signal a readiness for sex compared with the very much more limited time span among female chimps (Kaplan, 2006 p.3).

294 Notes 295

15. Among hamadryas baboons, the only way for a female to avoid injury is to approach the dominant male, but for a savannah female the way of avoiding harm is to run away. Neither tactic works if used with the other species. 16. Saposky has observed several examples of the Forest troop males grooming each other, which he describes as “behaviour nearly as unprecedented as baboons sprouting wings” (Saposky ibid p.115). 17. While female baboons remain with their birth troop, young males at pubescence leave their birth troop and become low-status members of other baboon troops. Through this mechanism, at one point in time all of the male members of the Forest troop were newcomers that had joined the troop well after all their aggressive predecessors had been “winnowed out” through tuberculosis. 18. de Waal has argued that a capacity for cooperation, mutual aid and reconciling to enable cooperation to continue are important evolutionary and survival mechanisms and that reconciliation “ensures the continuation of cooperation among parties with partially conflicting interests” (de Waal, 2000 p.589). 19. de Waal suggests that one important way in which human beings can be flexi- ble and change within the bounds set by their “nature” is in their definition of “the Other”. Thus, by widening their “circle of concern”, it becomes possible to lessen the range of “targets” for fear and hostility by including a wider and wider circle of those whom we identify as “Us”, and who therefore require ethical and sympathetic treatment (see de Waal, 2010 pp.22–23).

2 Formation: Sources and Emergence

1. Johan Galtung’s warning is an apposite one. “The statement ‘this is a conflict’ should always be taken as an hypothesis – not as something obvious, even trivial, about which consensus is easily obtained ...” (Galtung, 1998 p.70). 2. Galtung uses the term “contradictions” to signify the existence of incompatible goals between different adversaries, but also uses the word for situations in which the same individual (or presumably group or community) wants things that cannot be obtained either logically or empirically. 3. Simple scarcity can only be seen as one starting point for conflicts arising. Once one introduces some concept of “fairness” into the situation then issues of comparison, maldistribution, imbalance and hierarchy not justified by social values become relevant. 4. The role of increasing scarcity in conflict formation is normally taken to involve a decrease in availability, perhaps accompanied by an increase in desire for that particular commodity. Warnings about “water wars” in the near future (Starr, 1991; Gleick, 1993) are examples of the intellectual use of scarcity models. 5. Andre & Platteau describe Rwandan farms as “very large” if they exceeded more than 2.5 acres and others as “very small” if they were less than 0.06 acres. However, they remind readers that these terms (large/small) are relative and that the larger farms tended increasingly to have to support larger families as more and more children were forced to stay at home with their parents. Jared Diamond comments that in Montana in the past a 40-acre farm was considered just about big enough to support a family (2005 p.321). 6. Diamond quotes a (Tutsi) survivor interviewed by Gerard Prunier summarizing the events by saying: “The people whose children had to walk barefoot to school killed the people who could buy shoes for theirs ...” (2005 p.328). 296 Notes

7. In line with Dollard’s theory of frustration-aggression (1939), the process usually involves the directing of those attitudes and feelings onto those perceived as the cause of the failure and frustration, but sometimes can result in the feelings being channelled (or deliberately directed) towards another group through a process of “scapegoating”. 8. Pruitt et al. treat this as a continuous variable such that one party to a conﬂict can exhibit absolutely no concern for the interests of the other, or such a high level of concern that its only option is a strategy of self-abnegation.

3 Classiﬁcation: Intractable Conﬂicts

1. The first and last of these “hunches” are clearly connected to two of the key dimensions of the structural model of a conflict that I introduced in Chapter 2. This model suggested that all conflicts, whatever degree of intractability they revealed, could helpfully be viewed as consisting, at the most fundamental level, of three interlocking and interacting components–asituation of goal incompatibility (the issues), resultant behaviour, and associated attitudes and beliefs about the conflict, adversary and themselves. The model could be used as a basis for gauging the intractability of a conflict in a threefold sense, contrasting conflicts exhibiting an intense issue salience, a high level of mutual hostility, and a great deal of coercion and violence between the adversaries with conflicts where issues are peripheral, hostilities muted and behaviour non-violent. 2. For example, attitudes, emotions, forms of behaviour and decisions about com- promising – and hence about intractability – are all likely to be very different depending on whether one is dealing with a conflict between parties that are (a) small and egalitarian, so that all individuals are involved more or less equally, all are affected similarly, all share costs and benefits, and all share in decision-making – for example, the MOVE group in Philadelphia in1985; or (b) large, hierarchically organized and functionally differentiated, at least into leaders who take decisions, and followers who implement them and are affected by the results, with participa- tion, investment, influence, and costs and benefits distributed differentially – for example, the city authorities and services in Philadelphia, who were confronting MOVE (see Assefa & Wahrhaftig, 1990). 3. Apart from converging conflicts, Kriesberg’s categorization of interlocking conflicts involves serial conflicts (nested in time), which recur between the same adversaries at different points in time; superimposed conflicts, which involve incompatibilities over one set of issues being increased at a later date as new issues become involved; and cross-cutting, internal and concurrent conflicts. (1980 pp.100–101). 4. I have discussed the nature and key dimensions of asymmetry in an article in Zartman and Kremenyuk (1995). 5. If the imbalance is too great then frequently the smaller, weaker party merely does nothing. 6. A contrasting problem involves apparently asymmetric conflicts that may, in fact, be more symmetric in some dimensions than first appears. For example, some conflicts between the government of a state and a minority community conceal the fact that the conflict is between two communities – a majority and a minority – one of which controls the state and hence the country in which the conflict occurs. Consider the government of Rhodesia actually representing the minority white community between 1964 and 1980, or the government in Northern Ireland Notes 297

between 1921 and 1972, which, in effect, represented the interests and goals of the Unionist majority community. 7. Even a simple scalogram would be a start to resolving this problem regarding degrees of intractability.

4 Perpetuation: Dynamics and Intractability

1. An early version of this chapter appeared in David Bloomfield, Martina Fischer & Beatrix Schmelzle (eds.) Social Change and Conflict Transformation Berghof Hand- book Dialogue Series #5. 2. One of my more perceptive students once remarked that it would be much easier to understand conflicts if they would only stop moving around so much–acom- ment I took to signal that she had grasped the fact that conflicts were essentially dynamic phenomena. However, it seemed important for her and the rest of the class to recognize that the dynamics were not random. 3. The literature dealing systematically with the connections between change and conflict is hardly extensive, and that dealing directly with precise relationships between change and conflict resolution is even more sparse. Exceptions to this generalization include works by Rosenau (1990), Holsti et al. (1980) and Thomas & Bennis (1972). 4. There has been much debate in the field about the inadequacy of the term “resolution” to include the fundamental changes deemed necessary to end a conflict once and for all. As I have argued elsewhere (Mitchell, 2002), the original inter- pretation of the term “conflict resolution” certainly involved a process which recognized the possible need for far-reaching structural changes and changes in relationships as part of any durable solution, so I prefer to retain this term rather than adopt the currently fashionable one of “conflict transformation”. 5. A popular collection of papers dealing with conflict in organizations from this era was entitled Management of Conflict and Change by John M. Thomas and Warren G. Bennis (Harmondsworth, England and Baltimore Maryland: Penguin Books, 1972). 6. For example, in the 1990s the reforming government of President Fidel Ramos in the Philippines provided large amounts of funding for some small communities, by declaring seven of the local, grassroots zones of peace to be “Special Develop- ment Areas”. However, it proved very difficult for some of the seven communities to use these expanded and suddenly granted resources in an appropriate manner. Internal conflicts over the use of the resources broke out, factions formed and the sudden availability of funds became a source of conflict formation that seemed as disrupting as sudden scarcity might have been (Lee, 2000). 7. This argument led John Burton (1969) to conclude that an infusion of “relevant” knowledge at a crucial decision-making level through a problem-solving process could result in the initiation of a major, lasting conflict-resolution process. 8. Allied to ideas about escalation were others that dealt with de-escalation, in which the latter were often regarded as some kind of mirror image of the former (see Mitchell, 1999). 9. One reason it seemed so difficult for the British prime minister, Tony Blair, to admit – probably even to himself – that there is a causal connection between terrorist bombings in London and unequivocal British support for US policy on Iraq is that to make such a connection would lead to Blair himself – and his 298 Notes

unpopular policies – bearing at least some of the responsibility for the death and destruction in London – let alone in Baghdad. 10. Thus some Israelis view the suicides of Masada as heroes rather than as negotiating incompetents.

5 Prevention

1. As Oliver Ramsbotham and his colleagues point out (2005 p.106), in the initial 1957 issue of the Journal of Conflict Resolution, both Kenneth Boulding and Quincy Wright argued for the establishment of systems to give early warning of impending, destructive conflicts – and hence for early action. 2. The Secretary General’s report defined preventive diplomacy quite broadly as “action to prevent disputes between parties, to prevent existing disputes from escalating into conflicts and to limit the spread of the latter when they occur” (Boutros Ghali, 1992 p.16). 3. Another important query asks whether one should always – or ever – try to prevent a conflict, and on what grounds. It is too easy to fall into the trap of attributing only negative connotations to “being in conflict” or to the idea of conflict itself. One neglected tradition in the field holds that conflicts can have many positive benefits for the society in which they take place and even for those who are directly involved. Issues arise rather than being suppressed or ignored, information is sought and broadcast, common interests are discovered or constructed, creativity is challenged, long-term stability can be created and a sense of unity might emerge. These potentially beneficial results of social conflict were originally highlighted by Georg Simmel (1908) over a 100 years ago, re-iterated in the middle of the twentieth century by Lewis Coser (1956) and taken up recently by Louis Kriesberg’s work on constructive conflict resolution (2003). Moreover, what should happen when one confronts conflicts which emerge from asymmetric relationships of inequality and inequity, or situations involving perceived (in many cases unarguable) injustice? Should the struggle against apartheid have been prevented from taking place? Should the conflict over civil rights in the United States have – somehow – been avoided? 4. Those familiar with Johan Galtung’s work on the various forms of violence will recognize that this ignores the whole issue of structural or cultural violence. 5. Raimo Vayrynen makes a similar distinction between what he terms “vertical escalation” and “horizontal escalation”, the latter being concerned with the territorial containment of the conflict and with methods to avoid “geographical spillover” (2000 p.13). 6. Strategies here can involve such activities as stockpiling and safeguarding weapons, creating secure zones for combatants at a distance from one another, monitoring and defusing truce violations, and preparing combatants for return and reinsertion. 7. One of the practical problems with implementing long-term, strategic conflict- prevention strategies arises from the observation that the lives of governments, political leaders and other managers tend to be short, and focused on the immediate future, so that managing short-term crises becomes the dominant mode of coping with conflicts. 8. The problem with electoral processes at the end of a period of very violent conflict is that it often does not appear to be a “better” option for gaining one’s goals, Notes 299

especially if the electoral system chosen is likely to produce winners and losers through relatively static voting power. 9. In April 1875 the German Chancellor, Otto von Bismarck, deliberately manu- factured an international crisis between the newly established German Empire and recently defeated France in order to put pressure on the French Gov- ernment. He did this partly by organizing a press campaign in Germany under the slogan “Is War in Sight?” It actually wasn’t – at least on that occasion. 10. It seems to be a matter of choice as to whether one characterizes the genocide in Rwanda in 1994 as a case of failed violence prevention or as failed re- ignition prevention. In support of the latter argument, it might be emphasized that Hutu-Tutsi massacres took place regularly, starting around independence in 1962 and recurring in 1973, 1991 and again in 1992. So much for early warning. 11. Long-term, strategic forms of conflict prevention practised in Macedonia to head off further violence include efforts to change ethnocentric perceptions and one- sided views of recent “history” among younger members of the Macedonian and Albanian communities (Petroska-Beska & Najcevska, 2004). 12. The idea of increasing the supply of scarce goods seems to break down when a conflict is over who occupies scarce – and influential – decision-making roles (that is, who gets to govern?) However, decision-making roles that have influence over locally relevant and salient issues can always be increased through a strategy of political decentralization and the establishment of autonomous regions. 13. During the nineteenth century, as A.J.P. Taylor remarks, government orders to stop the export of horses was often a clear and reliable indicator that a crisis, in which military action would play a major part, was fast approaching. (Taylor, 1954 p.225). 14. Many of the same problems were revealed in the 1970s, when, as a result of the Cuban Missile Crisis, much time and effort was devoted to analysing international crises in an attempt to forecast when these would occur. 15. This is acknowledged by many decision-makers. Stedman (1995 p.17) quotes War- ren Christopher’s comment on Bosnia to the effect that “An early and forceful signal might well have deterred much of the aggression, bloodshed and ethnic cleansing”. 16. Contrast the, admittedly feeble and intermittent, effort to prevent Iraq from invading Kuwait in the first place (deterrence) with the much more sustained, but ultimately equally unsuccessful, efforts to force them to end the occupation and withdraw (negative compellence). 17. Sriram and Wermester, who take a broad view of the range of activities that con- stitute conflict prevention, make the unarguable point that, in evaluating success or failure, the goals of particular preventive strategies always have to be taken into account (2003 p.29).

6 Mitigation

1. In many circumstances, even during desperate existential conﬂict, adversaries refrain from particular actions simply on moral grounds and in order to maintain self-imposed standards of what constitutes “civilized behaviour”. 300 Notes

2. Almost equally important to questions of size are issues of how clear are the boundaries round any space declared “off limits” to forms of violence, types of weapon, categories of person or kinds of material good (for example, drug-free zones). 3. Often the fear of sanctions is the crucial factor that preserves the safe space safely. Many Christian missionary compounds were able to survive as safe havens during the civil wars in China partly because of Chinese fears that the punitive expedi- tions organized by outside powers following the Boxer Rebellion would simply return (see Hancock and Mitchell, 2007; and Quale, 1957). 4. In recent years there have been some efforts to revive this practice for the modern Olympics. In 1999 the Greek Government, hosts for the 2004 Games in Athens, and the International Olympic Committee established the International Olympic Truce Centre to advocate for a 16-day general truce on combat during the time of the Games. 5. While it is certainly the case that the twentieth century saw a huge swing in the balance between civilian and military casualties from wars and civil wars, with civilians more and more being targeted as the century progressed, civilian suffering during warfare is hardly unprecedented. See, for example, accounts of the Napoleonic Wars, particularly in Spain and Portugal. 6. Over time, and as the technology of killing has changed, it has become more than possible for women and children to participate directly in warfare by “bearing arms” and being rapidly trained in their use. Women soldiers are now common- place on the battlefield, and children participate in guerrilla wars as anything from lookouts and message carriers to fighters, jailers and executioners. 7. The whole issue of who were and who were not “legitimate targets” was revived in a very practical fashion in many of the protracted and asymmetric ethnopolitical struggles of the second half of the twentieth century and in places as far apart as Israel, Northern Ireland, Spain, Sri Lanka, Colombia and many countries in Africa. In such struggles, far from confining attacks to those actually bearing arms openly, many combatants have argued that it is legitimate to attack any who play supporting roles to the fighters in the struggle. In Northern Ireland, for example, this has included workmen who repair army barracks and caterers who supply meals to security forces (see Darby, 1994). 8. The principle of inviolability certainly held good in classical India. Frey and Frey (1999) quote from the Mahabharata to the effect that “a king who slays an envoy will sink into hell with all his ministers”. 9. Historically, the inviolability of children has been one of the more enduring aspects of what Peter Singer (2005) has described as “the law of the innocents”, while Alcinda Honwana notes that “All societies aim to protect children from war and danger not only because parents instinctively protect their offsprings but because generational succession guarantees the continuity of society” (2006 p.45). In recent decades, however, this seems to have broken down completely, especially in protracted ethnopolitical conflicts where “the battlefield” can be anywhere, and can involve violent adolescents, stoned to the eyeballs, carrying Uzis or Kalashnikovs and willing to use such weapons against absolutely anyone who provides the smallest opportunity. 10. Part of the ambiguity of medical workers’ position in the midst of a violent conflict arises from the fact that the vast majority of them still stick to their commitment to treat the sick and wounded irrespective of the latter’s status as being one of “us” or one of “them”. Doctors from one army rarely refuse to treat wounded from the adversary’s army, although they may treat wounded from their Notes 301

own side first. This is where Gross’s parallel between a doctor and a tank driver breaks down. The doctor’s skills and services are available to all sides, irrespective of the latters’ loyalties or position; the services of a tank driver – or a platoon leader or a bomber pilot or a guerrilla comandante – are only available to one side of the conflict. 11. Some combatant groups do not need to make this journey. For example, the FARC in Colombia has traditionally run an alternative state in some of the areas in Colombia where it has established firm control. 12. There were notable differences in medieval rule sets for “chivalric” conduct depending upon whether one’s adversaries were Christians or infidels. 13. It is interesting to speculate what the Chevalier would have said about the method of semi-selective assassination carried out by Israel and now the United States from hundreds – in some cases thousands – of miles away by people sit- ting comfortably in front of screens and consoles and controlling unmanned “Predator” drones armed with “Hellfire” missiles, flying (often illegally) over distant lands, such as Pakistan or Afghanistan. 14. When the British took over Iraq in the 1920s and were faced with armed oppo- sition from the Kurdish tribes in the north of that country, the then Colonial Secretary suggested using poison gas to pacify these “turbulent tribes”. When con- fronted with protests from local administrators, Winston Churchill discounted such “squeamish-ness about the use of gas ...against uncivilized tribes” (Simons, 1994). 15. Many writers have pointed out that maintaining the one-sided possession of, or knowledge about, a particularly devastating weapon was well nigh impossible for any length of time. Robert O’Connell (1996 p.419) warns that “today’s secret weapons had the nasty habit of becoming tomorrow’s universal threat”.

7 Regulation: Conﬂict within Limits

1. An early example of this process of codification was Count Ramon Berenguer of Catalonia’s eleventh-century The Usages of Barcelona, one of the first efforts to collect customs and practices regarding the adjudication of disputes and offences developed in Western Christendom during the so-called “dark ages”, following the collapse of the Roman Empire and its complex and sophisticated legal system. 2. For interesting analyses of “institutionalized” conflict resolution, see Galtung (1965) and also Dahrendorf’s (1959) classic mid-century analysis of class conflict and how it has been “regulated”. 3. The sociologist Amatai Etzioni (1964) has described conflicts that do take place within some framework of rules as “encapsulated” conflicts. 4. Quoted by Jose Antonio Orosco in Cesar Chavez and Principled Nonviolent Strategy. Orosco goes on to say that “from the standpoint of Neumann and the anar- chists, those who disparage property destruction as a form of civil disobedience fetishize property rights. Absolutists fail to appreciate how the production of property rights in our world systematically violates human rights”, quoted in Robert L. Holmes and Barry L. Gan (eds.) pp.263–264. 5. Sharp (1970) summarizes these efforts by talking about “methods of protest, noncooperation and interventions in which the actionists without employing physical violence, refuse to do certain things which they are expected or required to do or do certain things that they are not expected or are forbidden to do” (p.31). 302 Notes

6. The sociologist Lewis Coser makes a distinction between two forms of ritual- izaton, one of which takes the form of substitute behaviour (displacement of means) while the other involves the selection of alternative targets for the action (displacement of objects (Coser, 1956 pp.41–44)). 7. Lewis lists a number of common causes for feuds developing in pre-protectorate Morocco: water rights, which area to be used as pasture, trespass on holy ground, slights and insults, assaults upon women and enhanced reputation (Lewis, ibid p.44). 8. Christopher Boehm defines a feud – in contrast to a duel, a raid and war – as “deliberately limited and carefully counted killing in revenge for a previous homicide, which takes place between two groups on the basis of specific rules for killing, pacification and compensation” (1987 p.194). Feuds seem to be the paradigm case of protracted and intractable conflicts. 9. Otterbein notes that different cultures possessed varied rules about who were “legitimate” targets for revenge in any feud: (a) anyone in the wrongdoer’s kin group; (b) the wrongdoer (if possible) – otherwise selected members of the kin group; or (c) the wrongdoer only. 10. Boehm identifies ten distinctive features of feuds: rules, score-keeping, turn- taking, a need for honour, notions of dominance, notions of controlled retali- ation, cross-cutting social ties that retard feuding, a means to avoid warfare, the difficulty of resolution and impossible avoidance where the population density is high (1984 pp.218–219).

8 Institutionalization

1. In 1993, Harald Muller identified the existence of four “security regimes”, three of which had to do with nuclear weapons and nuclear war and seemed mainly to involve formal treaties and agreements. The exception was “the European military order”, which included seminars, mutual visits, a crisis-control centre and mutual promises of the unilateral reduction of short-range nuclear weapons (Muller p.361). 2. Present-day international law setting limits on what, morally and legally, may or may not be undertaken in the course of violent armed conflict has grown from two main sources. One tradition can be labelled the “Law of Geneva”, which broadly seeks to protect the victims of war from its worst effects, while the second, – best entitled the “Law of the Hague” – historically attempts to set limits on the conduct of hostilities. 3. It also tried to cope with the issue of who was a “lawful combatant” in a guerrilla struggle by modifying the traditional rule that guerrillas at all times should be clearly identifiable (usually by carrying arms “openly”) and stipulating only that clear identification was necessary “while engaged in an attack or in a military operation preparatory to an attack”. 4. All quotations in this section are taken from the text of AP1 and AP2, published on line by the International Committee of the Red Cross at http://www.icrc.org/ ihl.nsf. 5. The major exception to this statement was the development and testing of biological weapons by the Japanese Kwangtung Army in Harbin, northern China, where the notorious Unit 731 studied and tested a large number of lethal pathogens on over 3,000 Chinese “subjects” (Harris, 1999; Zou Yunhua, 2002). Notes 303

6. Other major efforts to set up regimes to control or ban various types of weapon have involved cluster bombs (see Borrie, 2008); and a widespread but somewhat disjointed campaign to control the burgeoning trade in small arms, which one source estimates to be have worth $5 billion in the first decade of the twenty-first century (see articles in the annual Small Arms Survey). 7. For a legal analysis of the Treaty and its verification system, plus a discussion of its “correction function” – what can be done about violations – see Myjer (2001, especially pp.122–125). 8. As early as 1995, sarin gas had been used in an effort to kill three Japanese judges and, more notoriously, in an attack on the Tokyo subway by Japanese members of the millenarian sect, Aum Shinrikyo. 9. In the words of Susan Walker of Handicap International, “War is war and innocent people have to die – but not 50 years after the war.” 10. Geneva Call is a Swiss-based NGO which attempts to involve armed non-state actors in the implementation of the provisions of IHL, specifically those involved in banning the use of AP mines. 11. Some observers of Uganda have argued that government forces have behaved equally brutally in the north of the country in their treatment of ethnic groups seen as supportive of the LRA. However, the Government is the party that has brought the case to the ICC, not the insurgents. 12. Israel, Sudan and the United States originally signed on to the Rome Statute but later “unsigned” themselves, in spite of the fact that it is clearly the case that, even with state parties that have signed and ratified the Statute, the ICC can only act if the authorities in that state have themselves failed to use their own legal systems to investigate, prosecute and, if necessary, punish their own perpetrators.

9 Termination I: Stopping the Violence

1. Recent research by Collier et al. (2008) indicates that roughly 40% of so-called “post-conflict” countries return to warfare within a decade after their conflict is supposed to have ended. 2. Graham Blewitt (2008 pp.41–42) provides an account of the investigations of the Australian Special Investigations Unit (SIU) into World War II criminals from the former Yugoslavia living undisturbed in that country. The SIU discovered that many young Australians in their early 20s and with family but no personal connections to that struggle did indeed go to Croatia, Serbia and Bosnia to join various paramilitary groups which then participated in some of the bloodiest atrocities carried out during that war, acts seen by the perpetrators as “justice and vengeance” for crimes committed long ago. 3. Another event that might be said to have ushered the UN into an era of “multinational” peacekeeping was the collapse of the Soviet Union in 1991, which meant the outbreak of such latent conflicts as those in the Caucasus, in Central Asia and in the Baltic Republics. 4. These were also supported by effective “no-fly” zones over Kurdistan in the north and the Shiite areas in the south of Iraq, all as part of Operation Provide Comfort – not formally a UN operation but possibly justified by Security Council Resolution 688. 5. In the case of the NATO intervention in Kosovo in March 1999, NATO leaders argued that previous UN Resolutions 1199 and 1203 expressing “grave concern” about the situation in Kosovo legitimized subsequent action. 304 Notes

10 Termination II: Addressing the Issues

1. The original idea about “integrative” as opposed to “distributive” solutions arose from the work and writings of Mary Parker Follett in the 1920s, but it came to prominence in Walton and McKersie’s pioneering work on labour negotiations (1965). 2. Note that Mary Parker Follett’s famous creative solution to the conflict between dairymen seeking to be the first to unload at the depot was, at base, a solution of expansion, the conflict being resolved by the creation of a larger platform at which both parties could unload their goods at the same time. 3. Of course, if the conflict has been protracted and destructive, what is being fought over may eventually be in such a state that its value is somewhat diminished, even if one side manages to gain most or even all of it – the loaf may have become uneatable. 4. Real-world partitions can also involve various forms of compensation, both local and national, which emphasizes the fact that many durable solutions combine elements of several strategies. In the case of the “velvet divorce” between Slovakia and the Czech Republic, the negotiated redrawing of boundaries between the two countries involved both the exchange of particular villages and elements of compensation for local people. 5. Tir notes that the tendency has been to simply accept internal admin- istrative lines as given and to make them the new international boundaries between the rump and the successor state with little regard to what might be termed ethnopolitical realities on the ground. Prior adjustment, he argues, might obviate some of the conflicts that are likely to arise post-partition. 6. It was Sudanese President Nimiery’s ill-advised decision to move some of these southern units into the north of the country in 1982 that contributed to the breakdown of the 1972 Addis Ababa Agreement and the re-ignition of the Sudanese civil war. 7. Some Austrian Marxist writers, who discussed the concept of “cultural autonomy” in a multiracial empire, suggested that every individual should be given the choice of joining a particular cultural community and that membership should not necessarily be determined by ascribed characteristics, such as race, religion or language. See Karl Renner’s writings, for example. 8. This strategy has been the subject of fierce debate recently, one side arguing that it simply recognizes and solidifies differences that can rapidly become the source of further conflict, and the other arguing that the alternative to recognizing cultural differences and arranging a society around them is continuing and escalating conflict. 9. In many cases, what does seem to be in limited supply is creative imagination, although to be in a protracted conflict and thus in a relationship characterized by hostility, threat and mistrust is to be in a situation which usually militates against much creative thinking. 10. In the long term, it might be beneficial for the world of conflicts over sovereignty if the whole conception of exclusive and exclusionary possessive “sovereignty” were to be replaced with something like “stewardship”. Notes 305

11 Innovation

1. Returning to the Ugli Orange exercise, the situation is posited in such a way as to show the possibility of win–win solutions, as the orange can be divided functionally between two people, one of whom wants the juice for drinking and the other the skin for flavouring. But supposing both parties want all of the juice, are not content with half and don’t care at all about the skin or the pulp – or about the other party? 2. This process is rather different from one in which the parties’ way of evaluating the good in dispute remains the same but the good itself becomes “objectively” worth less and less, partly because of the actions of the adversaries in pursuing exclusive possession. The “inheritance” fought over in Dickens’ fictional legal case of Jarndyce v. Jarndyce gradually diminished in value until it was completely eaten up by legal fees. This Bleak House scenario is probably not confined to fiction. 3. According to Ramsbotham, radical disagreement is “the chief linguistic manifes- tation of intractable conflict ...a key element in its intractability” (2010 p.1) Such disagreements are “conflicts of belief taken in its broadest sense” (ibid p.7). 4. Ramsbotham makes the telling point that the issues in very many intractable conflicts do not disappear with some peace agreement. They remain and are subse- quently “fought out” by other means – through elections, protest campaigns, court cases, efforts to convert public opinion and so on. This “fact of continuation” renders fairly meaningless such terms as “post-conflict” peacebuilding or “post- conflict” reconciliation. In many real-world cases the behaviour and the arena have changed but not the goals being sought. 5. The US Government estimates that the overall world population is currently just over 7 billion, of which approximately 1.5 billion are followers of Islam. 6. In the United States and in Colombia, the respective national governments have of late been involved in campaigns to make farmers and campesinos switch from growing one profitable crop – tobacco in the United States and coca in Colombia – to growing an alternative, if less profitable, substitute. One could look at these conflicts as existential in the limited sense of ending the existence of a class of people – tobacco farmers or coca growers. The key question in such cases becomes: Existence as what?

12 Reconciliation: Ending the Hatred

1. A clear answer to this question is made more difﬁcult by the fact that analysts have made a distinction between “reconciliation” as a process, whereby a person, community or nation becomes reconciled about what happened to it in the violent, perhaps atrocity-laden, past; and “reconciliation” between adversaries who need to reconcile with one another in spite of the atrocities that they may have mutually inﬂicted in their pasts. 2. The last 30 years and beyond are littered with the remains of peace agreements that “failed” in the sense that the violence reignited in the aftermath of the agreement that was negotiated. In some cases, violence started up again very shortly after the adversaries had signed a “peace” agreement, as in the Sierra Leone civil war, where three peace agreements between the government and the Revolutionary United Front broke down almost immediately. 3. One should not become too enthusiastic about the European experience, however. As Keith Lowe’s recent study (2012) reminds us, the continent in 306 Notes

the immediate aftermath of World War II, from 1945 to at least 1950, was characterized by bloodshed, vengeance, payback and massive ethnic cleansing. 4. However, as Mac Ginty and Williams point out, “history” can prove to be a conflict-intensifying factor. What happens, they ask, where there are “contested memories” and no agreement about whose narrative of the past will be generally accepted (2009 pp.109–112)? 5. A much easier but by no means simple task for parts of the world that have not been smashed flat by combat or bombing – for example, the United States in 1945. In countries where this has, indeed, occurred, the first and overwhelmingly important task would normally be to provide people with a sense of minimal security. 6. At the start of the millennium, Avruch and Vejarano (2001) noted in their survey that the 20-year period between 1973 and 1994 had seen the establishment of over 20 truth commissions and commissions of enquiry in post-agreement settings around the world, mostly in Asia, Africa and Latin America. A later count by Amnesty International for the period between 1974 and 2007 put the total of truth commissions at 32 in 28 countries. 7. The Chilean National Commission on Truth and Reconciliation, for example, was composed of leading members of both old and new regimes, while the Histori- cal Clarification Committee in Guatemala consisted of a German chair and two Guatemalan nationals, one approved by each of the main adversaries. 8. Archbishop Tutu’s hope that South Africa’s perpetrators will also receive “forgiveness” seems a little optimistic, although not completely beyond the bounds of possibility. 9. Major – and festering – German resentment was fuelled by the infamous “war guilt” clause (Article 231) of the Treaty of Versailles. The final instalment of the reparations payment imposed on Germany by that Treaty was paid by the German Federal Republic on Sunday 3 October 2010 (report in the New Zealand Herald, Thursday 30 September 2010). 10. As the widow of Dean Jones, one of the 29 miners killed in 2010 in the Massey Energy’s “Big Branch” mine disaster, expressed it, “You can’t put a dollar amount on my husband!” (Quaker Action p.3) 11. This question forms the theme of Ariel Dorfman’s play Death and the Maiden. Bibliography

A number of organizations put lists of conﬂict and peace journals, together with contact details, on the internet. Among the most comprehensive are:

1. Peace and Justice Studies Association, Georgetown University. http://www. peacejusticestudies.org/resources/journals.php 2. Portland State University. http://guides.library.pdx.edu/content.php?pid=262802& sid=2169685 3. University of Ulster INCORE “Guide to Internet Sources on Conﬂict Early Warn- ing”. http://www.incore.ulst.ac.uk

Increasingly, there are a number of sophisticated and easily accessible data sets on various aspects of peace and conﬂict studies available on the internet, starting with David Singer’s pioneering but updated:

1. Correlates of War Project, Penn State University http://cow2.la.psu.edu 2. Uppsala Conflict Data Program [UCDP] which includes [among others] Armed Conflict Data Set Conflict Termination Data Set Peace Agreements Data Set http://www.pcr.uu.se/research/ucdp/datasets 3. University of Ulster, Transitional Justice Institute, which includes: Peace Agreements Data Base Women and Peace Agreements Data Set http://www.transitionaljustice.ulster.ac.uk/tji_database.html 4. International Peace Institute, New York which is the centre for the Peacekeeping Data Base 5. Columbia University, Professor Virginia Fortna’s collections including; Peacekeeping and the Peacekept Data The Ceasefire Data Set; the Duration of Peace http://www.columbia.edu/-vpf4/research.htm

A comprehensive and regularly updated list of relevant data sets fpr the ﬁeld can be found in the ISA Compendium, SSIP Data Sets under the editorship of Professor Paul Hemal of the University of North Texas.

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