Category: 2012

  • Sustainable Security

    The Responsibility to Protect (R2P) is a significant, if controversial, development in international affairs. China has proposed its own semi-official version of R2P called “Responsible Protection”.

    Author’s Note: This article highlights issues discussed in more depth in various publications, including Andrew Garwood-Gowers, ‘China’s “Responsible Protection” Concept: Reinterpreting the Responsibility to Protect (R2P) and Military Intervention for Humanitarian Purposes’ (2016) 6 Asian Journal of International Law 89 and Andrew Garwood-Gowers, ‘R2P Ten Years after the World Summit: Explaining Ongoing Contestation over Pillar III’ (2015) 7 Global Responsibility to Protect 300.

    Introduction

    Over the last decade and a half the Responsibility to Protect (R2P) principle has emerged as a significant normative development in international efforts to prevent and respond to genocide and other mass atrocity crimes. Yet it has also been controversial, both in theory and in practice. R2P’s legal status and normative impact continue to be debated in academic and policy circles, while its implementation in Libya in 2011 reignited longstanding concerns among many non-Western states over its potential to be misused as a smokescreen for regime change. These misgivings prompted Brazil to launch its “Responsibility while Protecting” (RwP) concept as a means of complementing and tightening the existing R2P principle. China, too, has proposed its own semi-official version of R2P called “Responsible Protection” (RP). This contribution explores the key features and implications of the lesser known Chinese initiative.

    The R2P Principle

    Peacekeeping - UNAMID

    Image by UN Photo via Flickr.

    R2P first appeared in a 2001 report by the International Commission on Intervention and State Sovereignty (ICISS), a body set up by the Canadian government to consider how the international community should address intra-state humanitarian crises. However, after the initial concept proved contentious a modified version of R2P – labelled “R2P-lite” by one commentator – was unanimously endorsed by states at the 2005 World Summit. In its current form R2P consists of three mutually reinforcing pillars. The first is that each state has a responsibility to protect its populations from the four mass atrocity crimes (genocide, war crimes, crimes against humanity and ethnic cleansing). Pillar two stipulates that the international community should encourage and assist states in fulfilling their pillar one duties. Finally, pillar three provides that if a state is manifestly failing to protect its populations the international community is prepared to take collective action in a timely and decisive manner on a case-by-case basis, in accordance with Chapter VII of the UN Charter.

    Action under pillar three can encompass non-coercive tools such as diplomacy and humanitarian assistance, as well as coercive means including sanctions and the use of force. The international community’s pillar three responsibility is framed in conservative terms, creating only a duty to consider taking appropriate action, rather than a positive obligation to actually respond to a state’s manifest failure to protect. Crucially, the UN Security Council remains the only body that can authorise coercive, non-consensual measures under pillar three. R2P does not grant states a right to undertake unilateral humanitarian intervention outside the Charter’s collective security framework. Overall, R2P is best characterised as a multi-faceted political principle based on existing international law principles and mechanisms.

    The most well-known instance of pillar III action to date is the international community’s rapid and decisive response to the Libyan crisis in early 2011. The Security Council initially imposed sanctions and travel bans on members of the Gaddafi regime before passing resolution 1973 authorising the use of force to “protect civilians and civilian populated areas under threat of attack’’. China, Russia, Brazil and India each abstained on the vote to mandate military force against Libya. As the extent of NATO’s military targets and support for the Libyan rebels became apparent, many non-Western powers criticised the campaign for exceeding the terms of the Security Council resolution. For these states, the eventual removal of the Gaddafi regime confirmed their perception that R2P’s third pillar could be manipulated for the pursuit of ulterior motives such as the replacement of unfriendly governments.

    The post-Libya backlash against R2P was at least partly responsible for Security Council deadlock over Syria. Russia and China have exercised their vetoes on four separate occasions to block resolutions that sought to impose a range of non-forcible measures on the Syrian regime. At the same time, there has been renewed debate about the strengths and weaknesses of R2P’s third pillar. In late 2011 Brazil’s RwP initiative proposed a series of decision-making criteria and monitoring mechanisms to guide the implementation of coercive pillar three measures. While RwP initially attracted significant attention and discussion, Brazil’s foray into norm entrepreneurship was short-lived and R2P has remained unaltered.

    Reframing R2P as “Responsible Protection”

    China’s traditional insistence on a strict interpretation of sovereignty and non-intervention has made it uncomfortable with the coercive, non-consensual aspects of R2P’s third pillar. As a result, Beijing has consistently emphasised the primacy of pillars one and two, while downplaying the scope for pillar three action. In this respect, its decision not to veto resolution 1973 on Libya came as something of a surprise.

    China’s contribution to the post-Libya debate over R2P’s third pillar is less widely documented than Brazil’s efforts. In mid-2012 the notion of “Responsible Protection” was floated by Ruan Zongze, the Vice President of the China Institute for International Studies (CIIS),  which is the official think tank of China’s Ministry of Foreign Affairs. Although China has not explicitly adopted the concept as a formal policy statement on R2P, its implicit endorsement means it can be described as a “semi-official” initiative.

    RP is primarily concerned with R2P’s third pillar and, in particular, providing a set of guidelines to constrain the implementation of non-consensual, coercive measures. It consists of six elements or principles, which are drawn from just war theory and earlier R2P proposals such as the 2001 ICISS report and Brazil’s RwP. In this respect, RP represents a repackaging of previous ideas, rather than an entirely original initiative. However, by reframing these concepts in stricter terms it reflects a distinctive Chinese interpretation of R2P that seeks to narrow the circumstances in which non-consensual use of force can be applied for humanitarian purposes.

    The first element draws on the just war notion of “right intention”. It provides that the purpose of any intervention must be to protect civilian populations, rather than to support “specific political parties or armed forces”. This conveys Beijing’s concerns over the motives and objectives of those intervening under the banner of R2P, as expressed during the Libyan experience. Element two relates to the “right authority” criterion. It reiterates the longstanding Chinese position that only the Security Council can authorise the use of coercive measures, and that there is no right of unilateral humanitarian intervention granted to states.

    RP’s third element is based on the traditional principle that military intervention should be a “last resort”. Its call for “exhaustion of diplomatic and political means of solution” is consistent with Beijing’s broader policy preference for diplomacy and dialogue over forcible measures. However, insisting on a strict, chronological sequencing of responses may deprive the international community of the flexibility needed to ensure timely and decisive action on humanitarian crisis. For this reason, some clarification or refinement of element three may be needed. The fourth element of RP draws on aspects of the just war principles of “right intention” (like element one) and “reasonable prospects”. In relation to the latter, it provides that “it is absolutely forbidden to create greater humanitarian disasters” when carrying out international action. This stipulation reflects Beijing’s position that external intervention often exacerbates humanitarian crises and can ultimately cause more harm than good.

    Element five of RP provides that those who intervene “should be responsible for the post-intervention and post-protection reconstruction of the state concerned”. Although the notion of a responsibility to rebuild appeared in the original 2001 ICISS report it was not included in the text of the World Summit Outcome document in 2005 and therefore does not form a component of the current concept of R2P. It is unclear whether China’s RP concept is explicitly seeking to resurrect this dimension or whether this element is simply intended to emphasise Beijing’s broader perspective on peacebuilding and development in post-conflict societies. Finally, element six calls for greater supervision and accountability of those carrying out UN authorised civilian protection action. This is a similar demand to that made in Brazil’s RwP proposal, though little detail is given as to what form any such monitoring mechanism would take.

    Conclusion

    Overall, the Chinese notion of RP is an attempt to reinterpret and tighten the content of R2P’s third pillar so that it aligns more closely with Beijing’s own normative preferences and foreign policy objectives. Compared to RwP and the ICISS report, RP outlines a narrower set of circumstances in which military intervention for humanitarian purposes would be appropriate. Some aspects of the proposal would certainly benefit from clarification and refinement.

    However, it is notable that despite strongly criticising the way R2P was implemented in Libya, China has chosen to engage with, and actively shape, the future development of the norm. This illustrates the extent to which China, as a permanent member of the Security Council, is enmeshed in the ongoing debate over R2P. In fact, RP is explicitly framed as an example of China “contributing its public goods to the international community”. In the future we can expect China and other non-Western powers to play increasingly influential roles in the development of international security and global governance norms.

    Andrew Garwood-Gowers is a lecturer at the Faculty of Law at Queensland University of Technology (QUT) in Brisbane, Australia. He has written extensively on R2P and the law governing the use of military force, with publications in leading journals including Global Responsibility to Protect, the Asian Journal of International Law, Journal of Conflict and Security Law and the Melbourne Journal of International Law.

  • Sustainable Security

    In February 2016, two former military officers of the Guatemalan army were convicted of crimes against humanity based on cases of sexual and domestic slavery, perpetrated in the 1980s during the civil war. Together they received sentences of 360 years in prison, and ordered to pay reparations to the eleven victim-survivors on whose testimonies the case rested. The case, known as Sepur Zarco after the community where these crimes took place, is unique; it is the first domestic trial successfully prosecuting former military for sexual violence in conflict in the world. What happened in Sepur Zarco is less unique: the witness statements echo the experiences of women who gave their testimony to the Peruvian Truth and Reconciliation Committee (2001-2003), where women in embattled communities during the war between Shining Path and the state (1980-2000) were also systematically raped and/or enslaved. And there are other experiences; other genocides, war contexts, and rape camps in contemporary history, which would allow for a solid comparison with Sepur Zarco. Such an observation confirms the importance of the Sepur Zarco trial for the future of accountability and justice in cases of war-related sexual violence, in Guatemala, in Latin America, and indeed, globally.

    The testimonies of victim-survivors in the Sepur Zarco trial against military commanders in Guatemala shows once more that rape in war has specific meanings and intentions that are informed and shaped by the specific coordinates of conflict. In the 1980s, the Guatemalan military repeatedly attacked the population of the rural community Sepur Zarco. Local indigenous leaders who were trying to get their land titled by the state were kidnapped, tortured, and killed. Women who went to search for disappeared family members at the military base were captured, beaten and raped, and enslaved as sexual and domestic servants of soldiers. Several witnesses at the trial told details about how they were raped and beaten multiple times, in front of or alongside their children, sometimes in a pit where their husbands would be held before being buried. They also told about other victims, abused, enslaved, raped and killed in their presence. The statements show a world of extreme cruelty and suffering, facilitated by racism and sexism, and encouraged by a military campaign against indigenous communities that lasted three decades. All evidence shows that in the case of Sepur Zarco, rape was used as a weapon of war: to conquer, to reinforce victory, to send a message, humiliate, and fragment entire communities, in sum, to control.

    Of course, military commanders can only be prosecuted for systematic rape if we accept that rape in war is exceptional, different, and not inevitable. Perpetrators can only be held accountable if we recognise their agency in the act, their authority in allowing (or ordering) certain acts to happen. The extreme cruelty and violence that accompanies many of these acts further confirm that rape in war represents a rupture in a community’s history and in the lives of both perpetrators and victims. This is not normal, and hence, we can prosecute.

    And yet, there are others, including myself, who have emphasised the continuity in the history and possibility of sexual violence against women. I have argued, based on the testimonies of victim-survivors of rape in the Peruvian conflict, that while much of the scale and cruelty of these experiences were certainly exceptional and strongly conflict related, the script for these acts – immersed in racism and sexism, as in the case of Guatemala – pre-dated the conflict, and has yet to be dismantled. There is a continuum in the persistence of sexual violence against women that supersedes the categories of war and peace.

    In contemporary Guatemala, around 700 women are murdered each year because of sexism, killed by intimate partners or unknown others. This is what is known as femicidio in the region. Impunity is not absolute, but it is certainly very high and contributes to its prevalence, as public institutions are uninterested in pursuing cases of ‘private’ violence. The idea that violence against women, even if so large scale as in contemporary Guatemala (or elsewhere), can be private and thus irrelevant to national security (police, judiciary, policy) is strongly tied to perceptions of women being responsible somehow for the domestic sphere, the home, including the sexual gratification of men. Women are often perceived and portrayed as somehow complicit in their own abuse. Similar patterns of the domestication of violence are seen in conflict.

    Sculpture at Mujibnagar: A woman being raped by a Pakistani soldier during the 1971 war

    Sculpture at Mujibnagar: A woman being raped by a Pakistani soldier during the 1971 war. Image by Rahat Rahim via Wikimedia.

    For example, women held at military bases to sexually serve men are often also required to wash and cook. The Sepur Zarco case also heard a former military commissioner tell the court how the then head of the military base and the accused in the trial, Lieutenant Esteelmer Reyses Girón, ordered soldiers to gang rape a woman, and that the Lieutenant himself “took” this woman as his “wife”. In similar vein, in the case of Peru, few women used the words ‘rape’ (violación) to describe their experiences. Instead, some said ‘he used me as his wife’, indicating how domestic and sexual enslavement were part of the package of abuse. One witness even stated ‘he started to beat us as if we were their wives’, further blurring the boundaries between the domestic and the political, between wartime abuse and peacetime abuse, and arguably, between husband and abuser. In Sierra Leone, and Uganda, similar patterns can be found: sexual and domestic slavery go hand in hand, and is made possible because of the peacetime structures in which women’s roles are already defined by their service to men. Hence, girls forcibly recruited into rebel armies soon became ‘wives’.

    The idea that those who are violently enslaved could in fact be in a consensual relationship, albeit unequal, such as a marriage, provides a veil of legitimacy to an otherwise exceptional situation. It does, indeed, suggest a level of normality, a continuum, of life as one knows it. It might be the veil that makes survival possible. But many victim-survivors of conflict-related rape and sexual slavery are ostracised from their communities, exposed to a postconflict life of continuous abuse from their intimate partners, or choose to hide their trauma out of fear of retaliation. The women who testified in the Sepur Zarco case either did so behind closed doors, or they hid their faces behind veils during public sessions. What happened in war might have been exceptional, but not sufficiently so to erase the suggestion of complicity entirely, less so, stigma.

    In my book Sexual Violence in War and Peace, I identify a continuum in how sexual violence is understood and perpetrated in both war and peace, and hence, how such violence is dealt with post-conflict. The characteristics of rape regimes perpetrated by military in the high Andes of the 1980s and early 1990s showed many known features of power relations along lines of race, sex, class, age, and gender. Sexual violence, because of its intimate and potential reproductive qualities, helps produce and reproduce those unequal power relations. In war this might be strategic and large-scale, or it might be facilitated and condoned, in order to dominate over others (i.e., both to affirm power as well as subordination, both to destroy communities, as well as consolidate military loyalty and masculine strength). But in peacetime, it does the same: sexual violence produces dominance and subordination between genders, races, sexualities, classes and ages, be that catcalling, sexual harassment, marital rape or other forms of highly gendered and sexualised violence.

    Understanding sexual violence along a continuum does not say anything about the gravity of the violence or even how it might be experienced. On the contrary, while recognising and naming the differences between forms of sexual violence, experiences can be named as violence and as harmful, instead of normal or deserved. What the concept of a continuum of violence intends to highlight is how all forms of sexual violence are part of gendered social structures and patterns that have to be identified and transformed. Highlighting, combatting and prosecuting rape in war should arguably be part of a similarly linked set of measures that aim to eradicate gender inequality and the (often intersecting) violence with which such inequality is maintained and perpetuated, be that in war or in peace, at the level of families or in public space, in Guatemala or in the UK.

    Thinking in terms of a continuum does not aim to minimise rape in conflicts, gang rape, or the femicides we are seeing particularly in parts of contemporary Central America. But it gives us an analytical tool that allows us to connect sex, male violence, and gender inequality, both in the everyday as well as during armed conflict. Thinking in terms of a continuum allows us to see how much violence is hidden, institutionalised, and/or normalised in everyday life, both in peacetime and wartime, in homes, in intimate relationships, and in public spaces. The term allows us to see parallels between the extreme and the everyday, the public and the private, thereby not undermining the seriousness of the extreme, but undercutting the normality of the everyday.

    As such, the Sepur Zarco case is a milestone, and is hopefully a further step towards accountability for acts of sexual violence, and more broadly, gender-based violence, in both war and peace, in Guatemala and beyond.

     

    Jelke Boesten is Reader in Gender and Development at International Development Institute, King’s College London.

  • Sustainable Security

    In 2008, media outlets declared that a new Cold War was unfolding in the Arctic. This story was centred on a small, titanium Russian flag, fixed to the seabed below the North Pole.

    Planted in 2007 by a modest team of explorers and scientists, the flag triggered angry responses from Western politicians and media commentators, with the most vociferous coming from the then Canadian Foreign Minister, Peter MacKay, who declared: ‘This isn’t the 15th Century…You can’t go around the world and just plant flags and say “We’re claiming this territory”’.

    Nearly a decade later, this story remains emblematic of the geopolitical intrigue that refuses to go away in the Arctic, which continues to be stoked by uncertainties over sovereignty, ownership and access in the region.

    Carving up the Arctic, Carefully

    The Arctic Ocean, like every ocean, is governed by the UN Convention on the Law of the Sea’s (UNCLOS) provisions. The US has not ratified this treaty, but considers its provisions relevant as customary international law of the sea.

    Under UNCLOS, the Arctic Ocean littoral states are entitled to Exclusive Economic Zones (EEZ) stretching up to 200 nautical miles (nm) from their Arctic coastlines. Article 234 allows littoral states to develop and administer special regulations dealing with human activities in ice-covered waters. Russia and Canada use this to regulate shipping activity in their Arctic waters through environmental protection measures.

    UNCLOS also entitles a coastal state to extend the outer limit of its sovereign rights over the continental shelf (the seabed and subsoil of submarine areas–including, any oil and gas resources contained) beyond 200nm, if it can prove the shelf is a natural prolongation of the coastal states’ land mass. This has led Denmark and Russia to submit evidence (with Canada expected to follow this year) to the UN to support claims reaching all the way to the North Pole. Norway settled its continental shelf limits in 2009.

    As their claims overlap, the UN Commission on the Limits of the Continental Shelf (CLCS) is responsible for reviewing the evidence and issuing a final recommendation on where the borders should be drawn according to Articles 76 and 77. However, the CLSC has no legal authority or personality meaning it will be up to Canada, Denmark and Russia to reach an international agreement which will settle their claims. Any remaining space will be considered part of ‘the Area’ (see below), and falls under the purview of the International Seabed Authority.

    Although the decision on ‘who owns the North Pole’ will ultimately be determined by an agreement between Canada, Denmark and Russia,wherein lies a latent potential for conflict, the five Arctic littoral states’ public commitment to use UNCLOS as the basis for settling any sovereignty disputes is an important step towards ‘sustainable security’. It will take three to five years just for the CLCS to review the latest evidence submitted by Russia on 9 February 2016.The CLCS is already overwhelmed by the number of applications received globally. Since the prospects for oil and gas development further from shore are still highly uncertain, and claims to the North Pole are primarily symbolic, the CLCS arguably has time on its side.

    As long as the Arctic states maintain their trust in the process, UNCLOS should be able to prevent any ‘race’ to carve up the Arctic seabed, which could lead to tension between the littoral states.

    High Seas and the Area: Accommodating New Interests

    Where UNCLOS reaches its limits is in the parts of the Central Arctic Ocean (CAO), we will be dealing with High Seas,parts of the water column beyond the EEZs of coastal states,and ‘the Area’– seabed areas which cannot be claimed by any state (see map). Theoretically, anyone can fish and mine in these parts of the Arctic, but such activity is likely to be limited for the time being by the continued prevalence of thick sea-ice covering the surface of the ocean (and other environmental factors).

    In another step towards ‘sustainable security’, the five Arctic coastal states have initiated a process to create a governance framework to manage future fishing activity in the CAO.

    In July 2015, the littoral states signed a ‘Declaration’ preventing unregulated high seas fishing in the CAO, and promising to only authorise their own fleets to conduct commercial fishing in the CAO if it was in accordance with recognised international standards.

    The littoral states’ problem is that they do not have the authority to dictate the terms under which the rest of the international community can access CAO high seas fisheries. China’s, Japan’s, Korea’s, Iceland’s, and the EU’s finishing fleets are entitled under international law to fish in the CAO.

    Consequently, the littoral states took another preventative step by calling a second meeting in December 2015, where negotiations for fisheries agreement for the CAO’s high seas was opened up to these other parties. Other nations such as Taiwan are expected to join future deliberations, eventually ensuring buy-in for a governance framework from all nations with an interest in future Arctic fisheries.

    Again, this is a long-term process, providing another example of how governance structures developed now can prevent certain unwanted futures from becoming present, including, for exampletension and conflict over fisheries and continental shelves.

    Navigating Arctic Waters

    Can similar preventative steps be taken to ensure that disputes do not flare up over the problem of maritime activity in the Arctic? There are two issues to address. Firstly, the status of two ‘international straits’ in the Arctic: the North West Passage and the Northern Sea Route. Secondly, the regulating of ice-covered waters in littoral state EEZs as addressed by Article 234 of UNCLOS.

    Science team in the Arctic Sea. Image by NASA Goddard Space Flight Center.

    Science team in the Arctic. Image by NASA Goddard Space Flight Center.

    Canada and Russia do not consider the North West Passage (passing through the Canadian archipelago) and the Northern Sea Route (across northern Russia) to be ‘international straits’. Consequently, foreign vessels have no right of ‘transit passage’ through these waters–a right that entitles foreign ships to pass through without coastal state permission, and foreign submarines may remain submerged. Both countries claim that their sovereignty over nearby islands effectively means these waters should be considered ‘internal waters’, requiring foreign vessels to seek permission before entering.

    The US and the EU contest Canada and Russia’s claims, not least because of concerns about setting a legal precedent that could be applied to more important southerly shipping routes.

    There seems to be little ambition to settle the disagreement, because Arctic transit shipping is still a niche activity. Several uncertainties remain about whether large-scale transit shipping will ever become commercially viable, not least because of the competition posed by more southerly trade routes and the general unpredictability of seasonal sea-ice retreat that makes seasonal passages possible without expensive icebreaker escorts.

    The problem with the current stance is that Russia is actively investing in icebreakers, port infrastructure, marine services, search and rescue facilities and constabulary forces with the ambition of turning NSR into a viable shipping route. The more Russia builds up infrastructure around the route and offers to accommodate shipping on Russian terms, the greater the historical precedent it will set that the NSR is part of Russian-controlled waters. This feeds Western fears about Russian militarization of the Arctic building a security dilemma.

    While US and EU lawyers might question the validity of such a precedent, the de facto claim will remain and Russia will likely continue resisting attempts to change the status quo. It might therefore be worthwhile considering preventative steps sooner rather than later to resolve the NSR and the NWP’s legal status, before marine activity in the Arctic increases further and positions become more deeply entrenched.

    The issue is complicated by the second issue referred to above–the regulating of ice-covered waters by Arctic littoral states, notably Canada and Russia. As already noted, under Article 234 of UNCLOS, Arctic littoral states are entitled to regulate marine activities in ice-covered waters within their EEZs. Both the NSR and the NWP fall within these provisions, allowing Canada and Russia to regulate marine activity beyond their territorial waters regardless of whether they have the status of ‘international straits’ (see, for example, Canada’s Arctic Waters Pollution Prevent Act).

    So what happens when these waters are no longer ice-covered for a large part of the year? Article 234 indicates that ice-cover must be present for most of the year (i.e. 6 months and one day), while other points of contest exist in determining exactly what is meant by ‘severe climatic conditions’ and ‘exceptional hazards to navigation’ and who would decide whether such conditions prevailed (littoral states, non-littoral states, international organisations?).

    This remains a longer-term issue, but if as most scientists predict the amount of sea-ice cover each year continues to spiral downwards, the issue of whether littoral states can regulate in Arctic waters beyond 12 nm could become a significant point of tension with those seeking to benefit from new opportunities for regional marine activity. Currently, unlike in the cases of fisheries and continental shelves, few preventative steps are being taken to resolve this outstanding issue, despite its potential to cause future confrontation in Arctic waters. The situation is exacerbated by the deterioration of relations between Russia and the West over the Ukraine and Syria crises, likely making dialogue difficult.

    Prospects for Sustainable Security

    On the issues of resource competition and militarisation sustainable security’s prospects, in the Arctic for the most part look good. Since the end of the Cold War, international cooperation on various scientific and environmental protection initiatives have provided the basis for constructive engagement between the Arctic states and other interested actors (such as the UK) on many issues.

    Bilateral and multilateral arrangements have provided a governance structure that all Arctic states, and other interested actors, have indicated provides a firm basis for resolving inter-state disputes peacefully in accordance with international law, especially concerning fisheries and the delineation of the continental shelf. However,access to the NWP and NSR could lead to future contention. Potential flashpoints remain over how regional marine activity should be governed in EEZs where the sea-ice is in fast retreat, especially if Russia and Canada refuse to accept that Article 234 might lose purchase in the future.

    Whether preventative action is politically possible on this issue remains to be seen, but the sooner a constructive dialogue begins between Russia, Canada and potential users of the NWP and NSR, the more likely it will be to find a sustainable solution. Speculatively, an Arctic agreement on shipping activity negotiated under the Arctic Council’s auspices (but accommodating interested non-Arctic states as seen in the fisheries discussions) to complement the International Maritime Organisation’s Polar Code (due 2017) could be one way of consolidating international understanding that these waterways are to some extent shared spaces requiring the international community’s shared stewardship.

    An important dimension of sustainable security not discussed in this state-centric article is that of human security–especially of indigenous peoples and other local communities that live and work in the Arctic. The decline of traditional cultures, environmental pollution and other threats to human health and well-being are prevalent in nearly all of the Arctic states, and there has been a long history of marginalisation of Arctic residents. However, all of the Arctic states have readily admitted the need to address the challenges facing Arctic indigenous peoples and other local communities, and the Arctic Council is somewhat unique to the extent that it invites representatives of indigenous people’s organisations to sit at the table with government ministers.

    The sustainable security outlook is also weaker with regards to climate change. Huge uncertainty remains over how soon we are likely to see an ice-free Arctic in the summertime. The temperature spikes witnessed in January and February this year suggest this event horizon might be closer than we think. The impacts of climate change pose a particular risk to human security in the Arctic, threatening food, housing, infrastructure and livelihoods. It remains to be seen whether these communities will be able to adapt to the drastic changes that are being observed.

    Duncan Depledge is a Teaching Fellow in the Department of Politics and International Relations at Royal Holloway, University of London, and director of the secretariat to the UK All-Party Parliamentary Group for Polar Regions. He received his PhD from Royal Holloway for his research investigating contemporary developments in U.K. policy toward the Arctic.

  • Sustainable Security

    A year after the adoption of the United Nations Arms Trade Treaty, the pace is starting to pick up on state action to ratify the treaty. But acceleration of the global arms trade and recent irresponsible deals by treaty ratifiers suggests that state behaviour has yet to catch up to the ideals that sit at the heart of the ATT. A focus on the consistent and long-term blowback of irresponsible trading might go some way to convincing states to start to practice what they preach.

    An ex-combatant holds up munitions in Attécoubé, Abidjan, Côte d'Ivoire. Source: UN Photo (Flickr)

    An ex-combatant holds up munitions in Attécoubé, Abidjan, Côte d’Ivoire. Source: UN Photo (Flickr)

    April 2nd marked the first anniversary of the adoption of the much celebrated Arms Trade Treaty (ATT), the world’s first treaty to establish common standards of international trading in conventional weapons and which, in turn, aims to  ‘ease the suffering caused by irresponsible transfers of conventional weapons and munitions’. 118 states have signed so far, with 31 ratifications including, as of last week, the UK, France and Germany, each a major exporting state. Of the rest of the P5+1, the US has yet to ratify and Russia and China, both of which abstained from voting for adoption of the treaty, have yet to sign. But despite a recent acceleration in the rate of ATT ratification, hard data shows that the global arms trade is accelerating, with many of the biggest deals continuing to transfer cutting edge technologies from democracies like the UK to autocracies like Saudi Arabia.

    Meanwhile, the ghosts of arms deals past continue to haunt arms producing states as their wares come around to be used against them or their allies. Establishing the norms that the ATT seeks to establish will require exporting states to take a longer-term perspective on trading decisions that acknowledge the destabilising impact of weapons proliferation in fragile regions and the consistent blowback against national security. In short, they must start to practice what they have preached.

    New powers, old habits

    Data released by the Stockholm International Peace Research Institute (SIPRI) on 17 March chart the steady rise of international arms transfers – including battle tanks, combat aircraft, missile launchers and small arms and light weapons –  with the volume of transfers up 14% in 2009-13 from transfer in 2004-08.  In 2011 alone, the value of all international arms deliveries is estimated at $44.3 billion. This trend is particularly reflected through rising imports to regions such as Africa, where imports by states rose 53% between 2004-08 and 2009-13. Among the BRICs, Brazil’s arms imports increased by 65% in the same time period, while an increase of 111% in the value of its arms imports has made India the world’s largest arms importer.

    Beyond the deadly threat inherent these tens of millions of weapons pose to human life – the top five arms exporting countries alone delivered nearly 92 million major conventional weapons in 2006-10 – , these statistics suggest an entrenched belief by existing and emerging powers alike that weapons acquisition is a solution to today’s security challenges. Rather, such militarisation is the source of a number of spiralling security crises that are in turn being dealt with using military approaches, with all the Sisyphean repetition that entails. The current NATO-Russia stand-off over the future of Ukraine is but the most obvious example. Prioritising military solutions also tends to stymie peaceful, sustainable alternatives to reducing insecurity.

    What goes around…

    At the heart of the decade-long drive towards a consistent standard of arms trade regulation was an acknowledgement of the human cost of misuse and abuse of legally transferred conventional weapons, leading to human rights abuses and prolonging armed violence in countries such as Sudan, Egypt and Libya. Use of weapons in these countries against citizens has been particularly objectionable and Libya inparticular stands as an example of the warped logic of trading weapons to such countries. Following the lifting of its arms embargo in 2004, EU states granted export licenses worth a reported €834.5m from 2004-2009 to the notoriously repressive Libyan Government – weaponry that was subsequently used against Libyan civilians in 2011, leading to international condemnation and, eventually, western military intervention.

    Foreign Secretary William Hague signs the instrument of ratification for the Arms Trade treaty, 27 March 201. Source: FCO (Flickr)

    Foreign Secretary William Hague signs the instrument of ratification for the Arms Trade treaty, 27 March 2014. Source: FCO (Flickr)

    Yet it seems that such lessons must be continually hard learnt.  Sales such as February’s deal to sell 72 British Typhoon fighter jets to Saudi Arabia – listed by the most recent UK Foreign and Commonwealth Office report on Human Rights and Democracy as a ‘country of concern’ – suggest that London is still not choosy who gets its bang as long as it gets the bucks.  In addition to its domestic record of torture, repression and executions, Saudi Arabia sent its forces to Bahrain to assist in violent crackdowns of popular protests in 2011 and is the leading sponsor of Islamist insurgents in Syria. The UK had to revoke 158 arms export licences to the Middle East in 2011 because of concerns about human rights abuses and risk that the exported weapons might be used for internal repression. Yet the UK was found to have another 600 extant licenses to countries such as Syria, Bahrain and Yemen. With these actions in mind, it is  difficult to reconcile such disregard for the spirit of the ATT with the UK’s recent ratification of the treaty.

    …Comes Around

    Ordinance disposal in El Fasher, North Darfur. Source: UNAMID (Flickr)

    Ordinance disposal in El Fasher, North Darfur. Source: UNAMID (Flickr)

    In addition to direct abuse within states such as Libya, international security is challenged by further proliferation through diverted weapons from irresponsible states. For example, the 2008 Final Report of the UN Panel of Expertson Sudan found that arms originating from the stockpiles of Sudan, Chad and Libya had been used in attacks by the Justice and Equality Movement in Sudan, a militia group included in the UN Security Council arms embargo on Darfur since 2005. Chain-of ownership tracing by the Panel then identified numerous weapons that originated in Libya to have originally been transferred from Spain, Belgium and Bulgaria.

    Inside Libya, the dispersal of weapons stockpiles across the country before the downfall of Colonel Gaddafi’s regime – mortars stashed in disused factories, missiles in abandoned buildings – means that today there is an estimated million tons of weaponry in Libya, and much of it is unsecured. Given that this is more than the entire arsenal of the British Army, it is little wonder that MI6 warned the British government in 2013 that the country has become a ‘Tesco for terrorists’. Indeed, Tripoli’s open air Fish Market has now reincarnated as its biggest arms market and deliveries of new weapons systems are regularly hijacked on delivery. Given the hugely destabilising impact of Libyan arms flows south across the Sahara in 2011-12, not least to Mali, one can only speculate on how much of its arsenal has found its way to Syria.

    In Afghanistan, where US-supplied rifles and ammunition have been making their way into Taliban hands for a number of years, the US is currently contemplating  what to do with the $7bn worth of military equipment that will be too expensive to transport from Afghanistan and which will reportedly be of little strategic value to the US once the draw down is complete. As it considers driving some of the equipment over to Pakistan, it seems like the parting gift of the militarised approach in Afghanistan will be the further militarisation of an already deeply unstable region.

    Time to practice what they preach

    The ATT represents the beginning of an important new international norm on arms transfers that aims to lead to more responsible and transparent trade and, ultimately, consideration of the human cost of the trade itself. But despite a majority vote of 156 votes to adopt the ATT last April at the UN General Assembly, and accelerating pace of ratification, there are still important changes to be made to the behaviour of major arms trading states. Countries such as the UK, which proudly claimed to lead the push towards the ATT and made a grand show of ratifying in the recent ‘Race to 50’ campaign, have yet to exhibit the changes to practice that are at the heart of achieving the core ideals of the treaty. Under the terms of the ATT, states reserve the right to continue trade with whichever states they choose, but if a new norm is to be established, they must start to take seriously the spirit of the ATT, whether they have ratified it yet or not. More attention to the consistent and long-term blowback of irresponsible trading – both in terms of the civilian cost of misuse and costs to national security goals caused by destabilisation of areas like the Sahel – might prove worthwhile in making leading exporters like the UK start to practice what they preach.

    Zoë Pelter is the Research Officer of Oxford Research Group’s (ORG) Sustainable Security programme. She works on a number of projects across the programme, including ‘Rethinking UK Defence and Security Policies’ and ‘Sustainable Security and the Global South’. Zoë has worked on conventional arms control issues since 2011. 

  • Sustainable Security

    With skills and expertise in fighting insurgencies and drug trafficking networks, Colombia’s armed forces are increasingly being sought for engagement in similar security challenges in West Africa. But increasing Colombian engagement gives rise to a number of important questions – not least of which is the goal and expected outcomes of replicating militarised approaches to the war on drugs that have already failed in Latin America.

    Colombian National Army Soldiers. Source: US Department of Defense (Flickr)

    Colombian National Army Soldiers. Source: US Department of Defense (Flickr)

    Colombia has become an exporter of defence cooperation, including operational support, training and capacity building in national security and the fight against insurgencies, drug trafficking networks and terrorism. The skills and expertise of their security forces are in demand and, with strong US support and funding, and through intense diplomatic activism (the ‘Diplomacy for Security’ initiative), the country is building a wide array of bilateral and multilateral agreements for these activities. West African countries suffering from drug trafficking related problems are among the recipients of this support. Although extensive information on these ties and specific programmes is not publicly available, this involvement is evident and therefore raises a number of questions.

    Colombian Engagement in West Africa

    Between 2005 and mid-2013, Colombia trained 17,352 military staff from approximately 47 countries in various areas of assistance. In 2009, officials from Guinea Bissau, Cape Verde, Gambia, Ghana, Togo and Senegal attended training on operations and intelligence-gathering in Colombia under the auspices of the European Union and the UN Office on Drugs and Crime. The head of the Colombian police then announced that he would send ten anti-narcotics police to Africa, to be based in Sierra Leone.

    Colombian and African officials met again in March 2012 in Bogotá at a seminar on transnational organised crime. The same year, the US State Department announced that both countries were providing direct operational support and indirect capacity building efforts to countries throughout the hemisphere and West Africa. And police from 10 African countries, including Cameroon, Guinea Bissau, Senegal and Sierra Leone attended in January 2013 a Colombian National Police-hosted port and airport security seminar.

    Police officers remove bags of drugs found in the Senegalese town of Nianing, 50 miles south of Dakar. Source: africablogs.wordpress.com

    Police officers remove bags of drugs found in the Senegalese town of Nianing. Source: africablogs.wordpress.com

    Colombian involvement in West Africa (and Africa more generally) should not come as a surprise. West Africa is increasingly affected by the illegal narcotics trade and associated problems on governance and security. In this trend there are pull and push factors. It has become a transit hub and intermediate point for drugs making their routes from South America to European and other markets,  at a time when border –particularly maritime – security has improved in some European countries, making it more difficult for drugs to reach their territories using the traditional direct routes. The West African coastline is situated at the shortest travel distance from some Latin American departure points, and networks shifted to it while looking for new routes. From West Africa, drugs can continue to Europe or elsewhere by sea or by diverse land routes. Some countries with problems of territorial and border control, corruption and weak governance have been particularly vulnerable to this shift in international narcotics routes. One case in point is Guinea Bissau, where “the combination of a corrupt and centralized leadership and an inadequate and underfunded justice system in a country riven by upheaval and abject poverty” are among the driving factors.

    US Reliance on Colombian forces – Advantageous for Both Sides

    Colombian Defense Minister Gabriel Silva, U.S. Defense Secretary Robert M. Gates, center right, and U.S. Ambassador to Colombia William R. Brownfield talk to one another at the Presidential Palace before meetiing with President Alvaro Uribe in Bogota, April 15, 2010.

    Colombian and U.S. Defense Ministers and  Ambassador  William R. Brownfield meet in Bogota, 2010. Source: Wikimedia

    The reliance of the US on Colombia to export security policies makes sense for both countries. For the former, it is a way to maintain indirect military support and training programmes at a lower cost and through a reliable partner. “It is cheaper for us to have Colombia do the training than us do it ourselves,” Ambassador William Brownfield (Assistant Secretary for the Bureau of International Narcotics and Law Enforcement Affairs) told Congress, later adding that “it’s a dividend that we get for investing over $9 billion in support for Plan Colombia.” The SOUTHCOM Posture Statement 2014 describes Colombia as a clear example of a sizeable return on relatively modest investment and sustained engagement.

    For their part, the Colombian security forces face uncertainty about the future. They have undergone an important growth in personnel (up to 450,000 now) and operational capacities, parallel to increases of a defence budget that reached $12 billion in 2012. Their air power and deployment capacities have become more sophisticated; and the Police now have highly vetted units trained in intelligence-gathering on drug trafficking organizations. A significant part of those advancements can be attributed to US support through Plan Colombia. But this is an untenable situation provided that a peace deal with the FARC has been reached and in the event of a post-conflict scenario. Not surprisingly, they are in search of new missions within and outside Colombia.

    US Focus on West Africa… From Narrative to Policies

    Africa is for the US “the new frontier in terms of counterterrorism and counternarcotics issues,” according to Jeffrey P. Breeden, the chief of the DEA Europe, Asia and Africa section. The US narrative on this region is one of intertwined and convergent threats and actors, where illicit trafficking feeds the crime-terror continuum and criminal insurgencies become players in illicit markets, using the profits to finance terror campaigns. A member of the State Department remarked that “If we do not act decisively, the region will remain an exporter of terror and a provider of safe havens where terrorists from other conflicts all over the world find refuge, illicit trafficking will continue to expand, (…) and drugs and illicit enterprise will corrode the rule of law and the gains of globalization.”

    There is a boom of academic and policy literature about the ‘continuum’ and other modalities of confluence among terrorism, illicit traffic networks and armed conflict. But the relations between these actors are complex, multifaceted and non-linear. Oversimplification of this complexity,  reducing the problem to a ‘merger’ of different types of groups makes an ideal argument to gain media attention and push for kinetic policies and strong military involvement. For the US, any link to terrorism or crime-terror nexus makes it easier to gain political support for engagement. But this ‘merger’ is hardly supported by operational evidence, with cross-overs between terrorist groups and drugs cartels, for example, remaining more like opportunistic agreements and less as structural and permanent. This argument also leaves aside other root causes of crises such as lack of governance, corruption, underdevelopment and marginalisation.

    The reason for abundant use of this narrative may be hidden in plain sight. According to the criminal code, US agencies are authorised to pursue and prosecute drug offences abroad provided that a link to terrorism is established, even if there is no connection with US consumption markets. This is the case for West Africa.

    In 2011, Ambassador Brownfield led a delegation of senior U.S. officials to West Africa to begin formulating a strategic approach to undermine transnational criminal networks and  reduce their ability to operate. The response is the West Africa Cooperative Security Initiative (WACSI). US counter narcotics assistance for West Africa soared from $7.5 million in 2009 to $50 million each of the past to years, according to the State Department. The budget and operational constraints limiting direct US engagement in West Africa’s drugs and organised crime problems include AFRICOM, an agency that relies on around 2,000 personnel to manage coordination of defence programmes for 38 African countries, plus around 5,000 soldiers deployed at any time. The response to scarce resources increasingly takes the form of reliance on special operations teams and cooperation with close allies, with Colombia playing a prominent role.

    Colombia in West Africa: More Questions Than Answers

    The strategic partnership between both countries is expressed in several instruments, notably the bilateral High-Level Strategic Security Dialogue (HLSSD), periodic meetings of the Security Cooperation Coordinating Group (SCCG) and the US-Colombia Action Plan on Regional Security Cooperation. These instruments are used to formalise security cooperation activities and assistance programs to partner nations affected by transnational crime, including West Africa.

    There is no doubt that the shift in trafficking routes is affecting security in some West African countries. Again, Guinea Bissau is among the most obvious cases, due to the ties among senior government, military officials and criminal groups that have played into upheaval and instability. Northern Mali has experienced drug related violence among armed groups involved in different degrees in the drug trade. Beyond these, the connection between drugs and overt violence is less evident, but a focus exclusively on drugs and violence ignored the important connections of the drug trade and criminal networks with political and business elites. These less studied but structural relationships have potentially grave destabilising effects.

    A Colombian cooperation undertaken by the Police (not the military), focusing on capacity building to strengthen national capacities in law enforcement, and improved intelligence and information–sharing mechanisms, could make sense. International cooperation is certainly needed to address this truly transnational problem. But due to the lack of information available, it is not clear what kind of responsibilities different parts of the Colombian security forces (Police, military, intelligence) are currently assuming.

    Therefore, the involvement in West Africa raises a number of important questions. The security forces, with US support, have managed well in counter-insurgency but the overall impact of Plan Colombia and associated policies on the illegal drug economy remains doubtful. What kind of capacity building and operational support can the Colombian forces provide in countries at peace, provided that their expertise has been acquired in armed conflict? What insurgencies might be fought in West Africa?

    What is the goal and the expected outcomes of replicating ‘drug war’ policies and approaches already failed in Latin America, such as militarisation of the fight against drugs? In particular, one of the unintended consequences of this approach is the ‘balloon effect’, through which crop cultivation, routes and transit points shift to new places as the old ones become more controlled. Indeed, this is already an important factor in current West African problems. In terms of fight against corruption and involvement of powerful figures in the drug economy, the results have been mixed in Colombia (considering both national and regional levels).

    Last but not least, all the relative Colombian successes have come at the untenable cost of grave human rights violations. The security forces, particularly the military, remain very active in trying to avoid accountability for past misbehaviour and crimes. In one of the latest scandals in civil military relations, sections of Colombian military intelligence have been found to have spied on delegations of the recent peace process, including spying on the President’s representatives. What kind of human rights and democracy messages are being sent through this US backed Colombian defence activism?

    International Law enforcement cooperation can be asset in dealing with criminal networks like those involved in drug trafficking, particularly where corruption and involvement of state officials is a factor. But approaches that confuse different non-state actors, their roles and potential levels of threat and attempt to provide a one-size-fits-all response, generate more risk than certainty with regards to potential outcomes and consequences. Militarised approaches to the drug war and public security have been extensively tried in Latin America with limited impact on the drug trade, while worsening the situation of violence. In the Colombian case, the results have been remarkable in counter-insurgency, but the country is still one of the main sources of cocaine for international markets, and there have been widespread violations of human rights.

    These approaches are being increasingly questioned in Latin America and continue to lose support even among high Government representatives and Presidents. Replicating them without further evaluation and careful reflection about what has worked  – and what has not – is not a promising approach. Instead, approaches to drugs and organised crime in West Africa must be based on lessons learned, to avoid the repetition of past ineffective policies and their harmful effects.

    Mabel González Bustelo is a journalist, researcher and international consultant specialized in international peace and security, with a focus on non-State actors in world politics, organized violence, conflict and peacebuilding. You can follow her at her blog The Making of War and Peace, her webpage, and Twitter (@MabelBustelo).

    Feature image: Colombian Marines, 2009. Source: Wikimedia

  • Sustainable Security

    Myanmar: peaceful transition to democracy or storm clouds on the horizon?

    Analysing a recent report by International Crisis Group, Anna Alissa Hitzemann argues that in order for the transition from authoritarian rule to democracy to be stable, and for peace and security to be sustainable, the government of Myanmar will have to face and resolve major challenges such as idespread militarization and the political and social marginalization (past and present) of ethnic and religious groups.

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    Sustainable Finance and Energy Security

    General volatility in financial markets – fuelled by irresponsible lending and trading practices, as well as evidence of market manipulation – have had an effect on oil prices. Although the specific effects of the finance sector on oil prices requires further investigation, we can already understand that a sustainable and secure future will require the development of a wider energy mix to meet rising demand. To this end, more sustainable financial systems must be developed to service the real needs of citizens

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    A top-down approach to sustainable security: the Arms Trade Treaty

    2012 has been hailed as a potential landmark year in the push for greater regulation of the global trade in conventional arms. After more than a decade of advocacy to this end, negotiations took place throughout July towards the world’s first Arms Trade Treaty (ATT), which is intended to establish the highest possible common international standards for the transfer of conventional weapons. However, although significant progress was made during the month of intense negotiations, the ATT is not yet open for signature. In this article, Zoë Pelter explores what role a potential treaty – if reopened for further negotiation – could play in a move towards sustainable security.

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  • Sustainable Security

    A recurring feature of Western counter-radicalisation discourse is the ‘Muslim paranoia narrative’, a belief that resentment towards Western societies is motivated by a paranoid and conspiracy-riven worldview. This association between radicalisation and paranoia appears repeatedly through official statements and policy documents.

    Radicalisation is at the forefront of policy debates as ISIS continues to draw recruits from Western democracies. Recent summits in Washington and Sydney on countering violent extremism have highlighted the importance of undermining extremist narratives, mobilising moderate Muslims who oppose ISIS, and working to address underlying drivers of radicalisation. Yet representatives of Muslim communities have met this approach with considerable scepticism, both in Western states and across the Muslim world. A common complaint is that Muslims are singled out and caricatured as a unique danger, which only increases the level of vilification experienced by Muslims.

    The Muslim paranoia narrative

    islamic_center_of_murfreesboro_with_flag

    Image by Saleh M. Sbenaty via Wikimedia.

    In recent research published in Critical Studies on Terrorism, I explore the underlying ideological conditions that work against engagement with Muslim communities thought vulnerable to radicalisation. I examine what I call the “Muslim paranoia narrative”, a recurring feature of Western counter-radicalisation discourse that helpfully captures these underlying ideological dynamics. In the Muslim paranoia narrative, resentment towards Western societies is said to be motivated to some degree by a paranoid and conspiracy-riven worldview, which is thought to thrive in alienated and disempowered communities. Terrorist recruiters exploit distorted outlooks to fuel a sense of injustice about the plight of Muslims abroad. This association between radicalisation and paranoia appears repeatedly through official statements and policy documents, including those associated with ongoing counter-radicalisation strategies like the US State Department’s Digital Outreach Team.

    The Muslim paranoia narrative is worth examining because it is a clear tension point in contemporary radicalisation strategies that are increasingly focused on engagement and collaboration. The negative connotations associated with paranoia connect palpably with the sense of vilification often highlighted by Muslim critics of these programs. And the paranoia narrative can be connected to a broader ideological imaginary. Tracing the Muslim paranoia narrative from its ideological roots provides a window into the assumptions and priorities informing radicalisation discourse and contextualises the reticence of Muslim communities towards it.

    The Muslim paranoia narrative is especially intense in the United States where my research is focused. Richard Hofstadter is widely understood to have established the now commonplace account of political paranoia in his famous essay “The Paranoid Style in American Politics”, which identified a recurring strain in American politics characterised by a “sense of heated exaggeration, suspiciousness, and conspiratorial fantasy”. Hofstadter positioned political paranoia on the periphery of pluralistic American democracy as the irrational pathology of angry extremists, and contrasted it with a rational political centre where sensible politics occurred. Although Hofstadter wrote this seminal piece in 1964, it is difficult to overestimate its traction and influence. This is in large part due to the fact that Hofstadter deployed many of the most common conceptual features of post-War liberalism, which abhorred populism and focused on the mediation of competing interests through bargain and compromise. America was situated as a moderate democracy, pragmatic, centrist and non-ideological, in contrast to the radical politics sweeping the post-War Europe. Although liberalism has evolved significantly over the intervening years, the basic conceptual features set out by Hofstadter have remained pervasive in contemporary perspectives on political paranoia.

    One reason for this is that political extremism is still largely understood through the same centre/periphery framework. This dynamic is at the heart of radicalisation discourse in the US, where the political and religious beliefs of Muslim communities have emerged as a subject of concern. In this context, the Muslim paranoia narrative locates paranoia not just on the fringe of liberal democracies, but also on the periphery of international power and legitimacy from the point of view of political leaders and security experts. Here the pervasive perspective on political paranoia folds together with a long-running orientalist narrative about the supposedly dysfunctional characteristics of Muslim cultures, particularly in the Middle East, which has often framed America’s regional encounters.

    A problematic narrative

    The Muslim paranoia narrative is involved in a powerful process of ideological reproduction that works against engagement and collaboration with Muslim communities. Underlying liberal and orientalist frameworks situate Muslim cultures as dysfunctional and anti-modern, while associating Muslim resentment about Western foreign policies with problematic and potentially pathological modes of thought. Like post-War liberal orthodoxy secured by contrast with paranoid populism, contemporary liberal modernity is secured by contrast with the paranoia of alienated Muslims.

    At the same time, contemporary radicalisation discourse disciplines the wider public against consideration of Muslim grievances and associated criticisms of US policy. For instance, the identification of political paranoia as a subject of concern has the double effect of producing a strong general deterrent against the interrogation of elite power and political controversy, when the personal and professional costs of such engagements are potentially catastrophic. The taint of irrationality can be devastating, even by association – undermining credibility and calling motivations into question.

    In this sense, the Muslim paranoia narrative can be understood in terms of powerful ideological scripts in American political culture, rather than as an objective description of an ideational precursor to radicalisation in Muslim communities. The broader point is that potent narratives around extremism and oriental otherness have undermined the approach of successive US administrations to counter-radicalisation. These scripts have worked against a persuasive encounter with Muslims critical of American foreign policy, when such criticisms are framed as the product of a problematic thoughts and dysfunctional culture.

    This problem is clear enough in the practical setting of counter-radicalisation programs like the US State Department’s Digital Outreach Team (DOT), a group of bloggers tasked with confronting views critical of American policy on foreign language websites, and, more recently, discrediting ISIS affiliated users on social media. For our purposes it is interesting to note that according to the State Department “the Digital Outreach Team contrasts objective facts with the often emotive, conspiracy-laden arguments of US critics in the hope that online users will take a fresh at their opinions of the US”.  And this frame manifested in the online activities of the DOT where time was spent “ridiculing myths and conspiracy theories and calling users with extreme views radicals, but claiming to enjoy engaging with users who post objective views.” Perhaps unsurprisingly, a close analysis of DOT work following President Obama’s 2009 Cairo Address found that a large majority of people who expressed a view about the DOT were negative in their comments, with half openly “ridiculing and condescending”. Although there were no doubt many reasons for the widespread hostility to the DOT, it should be obvious that labelling people paranoid and irrational is highly antagonistic, particularly when considered in the context of the wider set of intimations that have historically been associated with such language.

    Indeed, it is critical to acknowledge that although the identities and relations highlighted in my analysis of the Muslim paranoia narrative exist within a specific policy discourse, they bear no necessary relationship to the lived experience of differentiated Muslim people, who often refuse classification in these terms. Moreover, it is critical to acknowledge that there is still no conclusive evidence for a particular terrorist profile; for a common pathway or pattern to radicalisation; or for predicting which holders of radical views will become violent. Without critical awareness of the ideological conditions identified here and a sustained attempt to move beyond them, the crucial work of engagement, partnership and community building will be likely ineffectual.

    Tim Aistrope is Lecturer in the School of Political Science and International Studies at the University of Queensland.

  • Sustainable Security

    Over the past two decades, the United Nations Security Council has responded more strongly to some humanitarian crises than to others. This variation in Security Council action raises the important question of what factors motivate United Nations intervention.

    The United Nations (UN) selective response to humanitarian crises—as evidenced most recently by the organisation’s uneven reaction to the conflicts in Libya and Syria—is arguably among the most contentious issues in international politics. Some scholars and observers heavily criticize this practice, arguing that the selectiveness of humanitarian interventions undermines their legitimacy and ultimately their success; that the uneven response to humanitarian emergencies suggests that these intervention are motivated not by humanitarian concerns but by the military and economic interests of powerful states; and that the selective enforcement of human rights norms undermines the emerging rule of law in international politics (for examples see Archibugi 2004, Chomsky 1999)

    Others disagree and claim that selectivity is not only unavoidable for the UN but also desirable. The selectivity of humanitarian intervention, so the argument goes, reduces the risk of over commitment; it helps to maintain cooperation among the great powers; and it prevents the UN from becoming involved in ill-conceived operations (see Roberts and Zaum 2008)

    But what explains why UN humanitarian interventions remain selective in the first place? Why is it that the UN has taken strong action to respond to some crises, like those in Northern Iraq, Somalia, Bosnia, Sierra Leone or—more recently Libya—but not to other like those in Colombia, Myanmar, Sudan, or—currently—Syria?

    The scholarship on humanitarian intervention often argues that each humanitarian crisis (and the responses to them) is historically unique and therefore requires a case-by-case explanation. While I agree that attention should be paid to the specificities of each crisis, my research shows that the UN’s response to them is not random but follows remarkably consistent patterns (see Binder 2015, 2017). More specifically, I argue that a combination of four factors explains whether the United Nations does or does not take strong action (sanctions, ‘robust’ peacekeeping operations, military action) in response to a humanitarian crisis. This explanation has been developed and tested through a systematic comparative analysis of the UN’s response to more than 30 humanitarian crises after the end of the Cold War combined with several in-depth case studies of intervention decisions in the UN Security Council.

    • The first explanatory factor is the extent of human suffering in a crisis. In a humanitarian crisis people suffer and die while human rights norms are massively violated. This generates a morally motivated pressure to come to the rescue of threatened populations and to defend international norms.
    • Secondly, whether the UN intervenes depends on the extent to which a crisis spills over to neighbouring countries and regions. Humanitarian crises often affect neighbouring countries or regions in negative ways. Spill over effects include regional conflict diffusion, refugee flows, terrorism or economic downturn. Spill over effects create a material interest to intervene.
    • The third explanatory factor for UN intervention is the ability of a target state to resist outside intervention. Militarily strong target states, or target states that have powerful allies, can raise the costs and risks of UN intervention and affect its chances of success.
    • Fourth and finally, UN intervention is explained by the level of material and reputational resources the UN has committed to the resolution of a crisis in the past (sunk costs). To the extent that the UN have invested time, money, and diplomatic prestige in the resolution of the crisis, this creates the wish to protect these investments through continued or escalated involvement.

    None of these explanatory factors is sufficient in itself to explain selective intervention. In combination, however, they provide a powerful explanation for the UN’s uneven response to humanitarian crises.

    When does the UN take strong action?

    Image credit: Bernd Untiedt/Wikimedia.

    The UN can be expected to take strong action—coercive measures including economic sanctions, ‘robust’ peacekeeping operation or (the authorization of) military action—if the extent of a humanitarian crisis (in terms of victims and internally displaced persons) is large, and if the organisation has committed substantial resources to its resolution. This, however, leads to intervention only when the crisis also generates substantial negative spill over effects (e.g., refugee flows) or when the target state of an intervention is weak and therefore unable to resist to outside intervention.

    Explaining limited UN action (or inaction)

    A limited response of the UN to a humanitarian crisis, such as UN observer missions, humanitarian assistance, or even complete inaction of the UN, is best explained by the ability of a potential target state to resist outside intervention (e.g., through military capabilities). However, other factors must be present as well. Military capabilities must be either complemented by a low level of previous UN involvement; or by a relatively low level of human suffering and spill over effect to neighbouring countries.

    A few brief examples may help to illustrate how these four factors interact to lead to strong or limited UN action.

    Bosnia

    UN intervention in Bosnian crisis was clearly driven by a combination of motivational factors. For one, UN members were strongly concerned by the large-scale plight of the Bosnian civilian population and the grave human rights violations committed by the parties to the conflict (ethnic cleansing, the installation of concentration camps, the siege of Sarajevo, and the massacres at Srebrenica). Second, the intervention was motivated by the wish to prevent the crisis from spilling over to Western European countries, most notably in form of refugee flows, and to stop a more generalized destabilization of the Balkan region. A third important driver of UN intervention in Bosnia was the wish of UN member states to protect the tremendous investments both material (through humanitarian assistance and peacekeeping) and reputational (diplomatic efforts) the UN had made over the course of the conflict. However, when the Bosnian Serbs took hundreds of UNPROFOR blue helmets hostage, this brought the UN to the brink of failure and put the UN’s efforts in the Bosnian crisis in jeopardy. In this situation, rather than withdraw, the organisation escalated its response. Finally, outside intervention was facilitated by the inability of the Bosnian Serbs and the Serbian government to generate sufficient resistance against outside intervention by the UN (and later by NATO).

    Cote d’Ivoire

    Very similar motivational patterns can be observed with respect to the UN’s decision to authorize military intervention in the context of post-election violence in Côte d’Ivoire in 2010. The dramatic levels of internal displacement and the fears of genocide, given the xenophobic politics of ‘Ivoirité’ that characterized the conflict, raised strong humanitarian concern in the UN. At the same time, UN members wished to prevent the conflict from spilling over to other Western African countries, most notably to Liberia which was slowly recovering from a long and brutal civil war. Moreover, the substantial and longstanding involvement of the UN in the country generated an additional institutional dynamic pushing towards intervention. The UN had invested heavily in the resolution of the crisis in Côte d’Ivoire—most notably through peacekeeping and peacebuilding. UN members wished to protect these investments they saw at stake, should country relapse into civil war. Finally, former President Laurent Gbagbo and his supporters were too weak to effectively resist outside intervention in in the country. By the time the UN decided to authorize military action, large parts of the country were controlled by forces loyal to Gbagbo’s opponent Alassane Ouattara.

    Libya

    As in the crises in Bosnia and in Côte d’Ivoire, humanitarian intervention in Libya was driven by more than one factor. Muammar al Gaddafi’s public announcement to commit a massacre in the town of Benghazi generated particular pressure on the part of UN members to act. Concerns to prevent spill over effects also played an important role. In addition to destabilizing effects for neighbouring Egypt and Tunisia—both of which are undergoing important political change in the wake of the ‘Arab Spring’—Western UN members feared that hundreds of thousands of Libyan refugees would cross the Mediterranean towards Europe. At the same time, the Gaddafi regime was not in a strong position to resist outside intervention. Not only was there a capable opposition movement in the country, but also Tripoli had managed to alienate nearly all of its former Arab and African allies. Libya also lacked partners in the Security Council who might have opposed or blocked UN intervention. However, the Libyan case fails to provide strong support for the previous institutional involvement explanation in that the UN did not invest substantial material and immaterial resources to the resolution of the crisis prior to the intervention.

    Syria

    The ongoing crisis in Syria illustrates how a combination of factors prevents strong UN action. The available evidence suggests that massive human rights violations, the spiralling violence in the country as well as the severe spill over effect of the Syrian conflict for neighbouring countries, most notably Lebanon, raised strong concerns on the part of UN members. A majority of UN members have pushed for sanctions against the Assad regime in the UN Security Council. That the UN has nevertheless not taken strong action in Syria can be explained by two factors. First, unlike the cases discussed before, Syria is more able to resist outside intervention—most notably because the Assad regime enjoys the continued support of its Russian and Chinese allies, who block any coercive measures against Syria in the UN. Second, the UN has not been substantially involved in Syria in the past and has not committed substantial resources to the resolution of the crisis. As such, a complementary dynamic of escalating commitment could not unfold in the UN to push towards coercive measures.

    Summary

    Whether the UN intervenes or does not intervene in a humanitarian crisis cannot be explained by a single factor. Rather, a combination of conditions – the extent of human suffering, the level of spill over effects, the military strength of a target state and the extent to which the UN has been involved in a crisis before – accounts for this variation in UN action to a large extent. While the explanation I suggest here does not account for all UN responses to humanitarian crises, it covers more than 80% of the UN humanitarian interventions after the Cold War.

    Martin Binder is Associate Professor in International Relations at the University of Reading. His research focuses on humanitarian intervention, the authority and legitimacy of international institutions, and rising powers. His work has been published in the Journal of Peace Research, International Studies Quarterly and International Theory, among others. His recent book The United Nations and the Politics of Selective Humanitarian Intervention has been published in 2017 with Palgrave Macmillan.

  • Sustainable Security

    Summary

    Despite considerable disarray continuing into its third month, the new US administration is showing more consistent, if not coherent, signs of how it will try to implement Donald Trump’s campaign proposals. In large part, these may be assessed as antithetical to a more sustainable security agenda, given that they promote military confrontation, undermine attempts to address climate change, and are, at best, incoherent in their response to economic inequality. Little of this translation to reality is likely to endear Trump to voters or his party. Greater policy turbulence, at home and abroad, should be expected ahead of mid-term elections next year.

    Introduction

    The Trump administration has been in power for 75 days; following the election campaign and the post-election transition it is now possible to get a reasonably clear picture of how its policies relating to security are taking shape. There has been much speculation that the United States will take a very different path to that of the Obama era, not least in relation to security and climate change, and since the United States is the world’s most powerful state it is appropriate to make an initial assessment of the changes as they may affect the sustainable security thinking with which ORG has been concerned for the last decade. Is the Trump era likely to make a major difference to the global security outlook or is it more likely that realities of international relations will limit the capacity for the change Trump seeks?

    Sustainable Security

    The ORG approach to security may be summarised:

    Security challenges such as terrorism, crime and weapons proliferation cannot be successfully contained or controlled without understanding and addressing their root causes. ORG’s Sustainable Security concept takes a comprehensive, long-term approach that encompasses climate change, resource scarcity, militarisation, poverty, inequality and marginalisation.

    As the thinking has developed it has tended to group the challenges into three main areas, economic relations, climate change, and militarisation, and these are convenient headings with which to make an initial assessment of the Trump era.

    The issue of economic relations is seen as having as its greatest challenge the failure of the neoliberal approach to deliver economic justice, equity and emancipation, and the consequent growing divide between a relatively small minority of rather more than a billion people and the majority of the world’s population, with a clear rise in frustration and resentment among that majority at relative marginalisation and lack of life prospects.

    In the environmental context, while a number of resource limitations and regional environmental impacts are important, the emphasis in the ORG analysis has to be on the most significant trend – climate change and especially its impact on human well-being especially as a result of severe effects on food production.

    Finally, militarisation is seen partly in terms of a particularly entrenched and powerfully influential economic sector but most significantly as a culture in which the early use of military force is essential in maintaining the status quo, however unequal, unjust or unstable that order is.

    In all cases, the ORG view is that these approaches are thoroughly inappropriate if we wish to avoid an unstable and violent world, and much more emphasis must be placed on the underlying causes of the problems and how they may be addressed. The failure of the current 15-year war on terror is the most grievous example, having led to hundreds of thousands of deaths, millions of displaced people, at least three failed or failing states and a continuing perception of the threat of political violence in western countries. The question, simply, is how does the new Trump era affect the possibility of taking the wider view?

    Economic Issues

    Image credit: PressSec/Wikimedia.

    The early indications are that the Trump administration is a potentially unstable mix of those best described as economic nationalists and others, especially in the wider Republican Party, who are convinced neoliberals. The latter may be dubious about any trend towards protectionism and believe that in a free market which already favours the wealthy such protectionism may turn out to be counter-productive. In this view, transnational corporate organisation is a fact of life and no country, not even the United States, can go its own way for long.

    The economic nationalists, who are dominant within Trump’s inner policy circle, are very strongly convinced that the United States has sufficient power to dominate the markets that matter most. Furthermore, the whole Trump election platform was predicated on strong opposition to the perceived elite, an establishment that “ran” Washington. His appeal to those left behind, especially in the post-industrial American Mid-West, was probably the most important element in his successful election and it is an approach that will not readily be abandoned. At the same time, he was committed to policies that would reduce taxes while scaling down the Obamacare reforms – initially both popular with his supporters.

    In the short-term Trump’s policies may be popular but it may be as little as a year before those left behind find that their predicament simply does not ease. Indeed, it is already becoming clear that health provision reforms will lead to many millions of Americans facing higher costs, including many of those who voted for Trump. More generally, economic nationalism may turn out to provide little gain for the country as the power of China and other major economies becomes more apparent. “America first” is simply not sustainable in a globalised world.

    Even so, what has to be faced is that the Trump era will not see any fundamental challenge to the neoliberal system, precisely in a period when that system is proving unfit for purpose. What may perhaps be more relevant is how long the Trump approach in its present form persists. The degree of disorganisation currently apparent in so many areas within the White House is hardly encouraging in terms of stability, and it may well be that as the 2018 mid-sessional elections to the House and Senate draw nearer, Trump’s singularly soft Republican majority support in both Houses of Congress will lead to sudden changes of policy. These may not directly address core issues of inequality but could take much of the remaining lustre off the Trump approach.

    Climate Change

    This month has seen the very clear enactment of a number of policies that confirm that the Trump approach on climate change is one of denial coupled with the strong promotion of domestically-sourced fossil fuel resources. This is a highly negative approach for two reasons – there will be an increase in carbon emissions from the United States and a lack of leadership within the international community for addressing the considerable dangers stemming from climate change. This would seem disastrous for any hope of effectively preventing climate change but there are other very interesting factors at work.

    Firstly, the reality of the dangers of uncontrollable climate change is far more recognised across the world than a decade ago. Many more states are accelerating their moves towards renewable energy sources, with the biggest emitter, China, making remarkable strides. Indeed, China may well see its way to playing a global leadership role. Secondly, the rapid developments in renewable energy technologies are making renewable sources far more economic, with many further developments coming closer to fruition. The effect of this is that renewable energy utilisation is now competing much more closely with fossil carbon sources and, as a consequence, there is a rapid increase in investment in renewables. More than half of all investment in electricity generation is now in renewables and in the United States and elsewhere there is far greater potential for employment in renewables than in fossil carbon sources.

    Major problems remain including historic underinvestment in energy storage technologies and the need to cut carbon emissions by even more than most states currently accept, but the point here is that this is one area where there is every sign that Trump’s policies are obsolete and likely to ensure that the United States is left high and dry. Even in the face of that, though, the ideological certitude of the climate change deniers close to Trump means that the administration is unlikely to change. In short, the advent of the Trump era may limit the prospects for countering climate disruption but at least this will be another area where the Trump approach may be singularly counterproductive to any aim to make the United States the world leader.

    Security

    As with climate change, the first two-and-a-half months of the Trump administration have shown the translation of rhetoric into policy: control of migration, increased military spending and the more frequent use of force. Here, though, it is necessary to recall that the eight years of the Obama administration may have seen the withdrawal of US troops from substantial parts of the Middle East and Afghanistan but also saw the quiet transition to remote warfare with much greater use of air power, armed drones and Special Forces, not least in Libya and Iraq. The early signs are that Trump is expanding such operations rather than radically changing the posture and this includes even greater use of air power in the war against Islamic State (IS), as well as the deployment of even more Special Forces in Iraq, Syria and Yemen.

    These kinds of changes are being reflected in the manner in which the Pentagon is being given a much freer hand to conduct operations, but there are already consequences. A major raid in Yemen in late January failed to achieve its objective while also killing many civilians, and the much-expanded use of air strikes in Mosul in the past month has led to such an increase in civilian casualties that they are even being reported in the mainstream western media. Even so, such consequences are unlikely to carry any weight with Trump unless there are serious disasters involving US military personnel.

    The risk of this has been limited until now but one factor that has received little attention is that Trump’s Pentagon is advocating, and indeed already initiating, a substantial increase in the number of “boots on the ground”. In Iraq this is no longer just Special Forces but regular troop deployments which include, for example, units from the 82nd Airborne Division. Trump has also just agreed to give US forces in East Africa much more open powers to operate assaults on suspected al-Qaida-linked groups in southern Somalia, and there are also repeated calls for the Pentagon to expand its deployments in Afghanistan.

    As with economic issues, such actions may be popular with Trump supporters in the short term, examples of forceful action in the task of “Making America Great Again”, but based on the failures of the last fifteen years, the longer-term impact may be very different. What it does mean, though, is that as the United States seriously expands in overseas military operations then its close allies such as Britain will have to face up to whether they are willing to maintain their commitments.

    Conclusion

    These are, indeed, different times and with all three aspects of the sustainable security challenge the election of Trump is likely to exacerbate ingrained problems. At the same time, his policies may become increasingly irrelevant concerning climate change and his economic popularity with his supporters may also erode quickly. This may well increase the temptation to use foreign military action to distract voters from domestic discontents. However, even in the military dimension there are unlikely to be any quick wins and Trump’s direction of travel means that his allies could quickly come under domestic political pressure if they were to stay closely aligned with the United States. In any case, the need to rethink our attitudes to security remains critical and it is best to see the advent of the Trump era as a period when even more opportunity for creative, critical and independent rethinking of security will be essential.

    Paul Rogers is Global Security Consultant to Oxford Research Group and Professor of Peace Studies at the University of Bradford. His ‘Monthly Global Security Briefings’ are available from our website. His new book Irregular War: ISIS and the New Threats from the Margins will be published by I B Tauris in June 2016. These briefings are circulated free of charge for non-profit use, but please consider making a donation to ORG, if you are able to do so.

  • Sustainable Security

    By Wim Zwijnenburg and Doug Weir

    Is the US backpedalling on its use of depleted uranium (DU) rounds? There are indications that the use of these highly toxic munitions could increasingly be a political liability for the US, with countries affected by DU, like Iraq, other UN Member States, and populations in contaminated areas all expressing concerns over its use and impact. But stigmatisation, although important, is not enough on its own – in order to make sustained progress on accountability and in reducing civilian harm, a broader framework that addresses all toxic remnants of war is needed.

    A US Air Force A-10 being deployed to support Operation Inherent Resolve.

    A US Air Force A-10 being deployed to support Operation Inherent Resolve. Credit: US Air Force

    In a recent policy change, the Pentagon stated that it has not, and will not use DU in Iraq and Syria during Operation Inherent Resolve. The decision, which was cautiously welcomed by campaigners, contrasted with a statement made in October 2014, when the US announced the deployment of A-10 gunships to the conflict. The standard combat load for the A-10’s cannon includes a 30mm DU armour-piercing incendiary round, and in autumn 2014 a US Air Forces spokesperson said that the Air Force was ready to use DU again in Iraq and Syria.

    Iraq is no stranger to DU: at least 404,000kg of the radioactive and chemically toxic heavy metal was fired in the country in 1991 and 2003. The fine dust created by DU impacts presents a hazard to civilians if inhaled, and both the dust and fragments of the ammunition can contaminate soil, vehicles and buildings. As DU particles are environmentally persistent, DU’s legacy can last long after conflicts end. Exposure to DU has been linked to increases of cancers and congenital birth defects in areas of Iraq that saw heavy fighting.

    Yet despite long-running concerns voiced by Iraqi civilians and international advocates, no robust civilian health studies have ever been undertaken in Iraq to determine this link. Progress on clean-up operations has been slow, and has been hindered by the US’ refusal to provide comprehensive targeting data to UN organisations and the Iraqi government.

    The evolving use of DU

    The A-10 gunship has long been promoted as a “tank killer”, with the US arguing that DU ammunition is crucial for this function. Justifying the apparent U-turn over Inherent Resolve, a US public affairs official explained that: “The ammunition is developed to destroy tanks on a conventional battlefield. Daesh [Islamic State] does not possess large numbers of tanks.”

    While its original Cold War close air support role did primarily concern the destruction of Soviet tanks and armoured vehicles, even then there were questions over the legality of DU. As a result, a 1976 legal review undertaken by the United States Air Force of the A-10’s DU ammunition sought to ensure that it was not used in populated areas and to restrict its use to armoured targets.

    A boy standing in front of military scrap metal in Shat’l arab, an area near Basrah.

    A boy standing in front of military scrap metal in Shat’l arab, near Basrah. Credit: Wim Zwijnenburg

    However, the role of the A-10 has evolved since the 1970s, as has its range of targets. This was clear from data from the 2003 Iraq War, acquired by PAX in 2014. It revealed DU use by A-10s against anti-aircraft guns, buildings, trucks and un-mounted troops. Data on targets from the conflicts in the Balkans painted a similar picture. With the A-10s role evolving from attacks on armour to more general close air support, aircraft were often called in for a broader range of operations, this led to DU being used against other targets, even in densely populated areas. Once loaded with the standard combat mix, a mixture of DU and high explosive rounds, it is impossible to change the type of munitions in flight for attacks against non-armoured targets of opportunity, thus heightening the risk of exposure to civilians close to other targets.

    Recently published figures on the 4,817 targets selected by US CENTCOM show that more than 120 tanks and armoured vehicles were destroyed in the first six months of the air campaign. There was therefore ample opportunity for the A-10 and its DU rounds to “kill tanks”, yet the US subsequently chose not to equip its A-10s with DU. Could this change in posture have more to do with a changing political environment, and in particular the growing stigmatisation of DU, than military calculations alone?

    Stigmatisation

    More than two decades after its first use in Kuwait and Iraq in the 1991 Gulf War, concern over the humanitarian and environmental legacy of DU has gradually increased.

    In recent years, legislation banning the weapons has been introduced in Belgium and Costa Rica. The European Parliament has also issued a number of resolutions calling for a moratorium on use and, most recently, a common EU position in favour of a ban. Since 2007, five UN General Assembly resolutions have been passed by large majorities. These have highlighted DU’s potential health risks, called for the release of targeting data to allow clean-up, for a precautionary approach to DU’s post-conflict management and, in 2014, for international assistance for states affected by DU use. This last resolution was supported by 150 states and opposed by just four, including the US. In addition to establishing soft law norms on DU, the process has also created a platform for an increasing number of states to voice their concerns over the weapons.

    Perhaps the most influential of these was from Iraq in March 2014, where its government expressed:

    [D]eep concern over the harmful effects of the use in wars and armed struggles of armaments and ammunitions containing depleted uranium, which constitute a danger to human beings and the environment.

    The Iraqi government called for the UN, its specialised agencies, member states and civil society to take a proactive approach to the issue and to condemn DU use. They also argued for:

    [A] binding and verifiable international treaty prohibiting the use, possession, transfer and trafficking of such armaments and ammunitions.

    Clearly then, the further use of DU munitions by the US in Iraq would have been viewed as unacceptable by the Iraqi government, and would have been likely to result in further criticism of the increasingly controversial munitions.

    Leaving through the back door?

    Could the changing political climate be influencing US policy on DU? The US had previously come under pressure from civil society campaign the International Coalition to Ban Uranium Weapons (ICBUW) in 2011 over fears that DU would be used against Gaddafi’s tanks in Libya. Recent evidence of DU’s international stigmatisation has come, ironically, from the Joint Strike Fighter, which is supposed to replace the ageing A-10 in its close air support role – a decision that is proving controversial in the US. During the fighter’s development, project partners including Australia, Norway and Denmark expressed concern over the US proposal that it would use a DU round, insisting that an alternative material be found. DU was eventually ruled out, as were other toxic metals such as beryllium. Elsewhere there are signs of shift away from DU in the US’s other medium-calibre ammunition.

    In 2008, just a year after the first UN General Assembly resolution, the US Army Environmental Policy Institute (AEPI) argued that alternatives were needed, stating that ‘the military should continue pursuing R&D for substitutes and be prepared for increased political pressure for current and past battlefield cleanup’. The Massachusetts Institute of Technology is one of several bodies researching less toxic materials, and in December 2014, published a new advance in manufacturing nanocrystalline tungsten alloys, which results in a material with similar properties to DU. DU’s toxicity is a key driver for this research.

    While changes in procurement policies are slow, decisions like that taken over Inherent Resolve are tangible signs that international pressure is changing DU policy. Nevertheless, the emerging threshold of acceptability for DU use remains poorly defined and it is unlikely that the US will seek to clarify it any time soon. Operation-specific factors – such as Iraq’s clear position in favour of a ban – are also likely to remain important in determining whether DU is used or not. Backlash over veteran exposure, community opposition and financial liabilities associated with former testing ranges may also influence policy within the US.

    The way forward

    Welcome as these developments are, they serve to highlight the current lack of formal obligations for post-conflict DU clearance and victim assistance. Unlike explosive remnants of war, and in spite of the soft norms developing at the UN General Assembly, accountability and assistance for past DU use is underdeveloped and requires attention from both civil society and the international community.

    As was the case with anti-personnel landmines, it will not be enough to simply stop DU being deployed. Protecting civilians requires that its legacy is also dealt with. DU remediation is costly and technically challenging, and states recovering from conflict require assistance to implement effective programmes.

    More broadly, DU is just one of a number of toxic munitions constituents, and munitions just one of a wide range of pollutants generated by conflict. These toxic remnants of war pose a threat to human and environmental health before, during and after conflict. Efforts to minimise the practices that generate them and work to ensure that their impact is properly assessed and responded to could contribute greatly to not only the protection of civilians but also of the environment upon which they depend. Tackling the causes and legacy of conflict pollution also provides a welcome opportunity to creatively merge the environment, public health, human rights and humanitarian disarmament in response to the toxic footprint of modern warfare.

    Wim Zwijnenburg works as a Program Leader Security & Disarmament for PAX, a Dutch peace organisation. He has a research program in Iraq on the impact of depleted uranium munitions, works on Toxic Remnants of War in Syria, emerging military technologies such as (armed) drones, and is supporting the Control Arms campaign in regulating the global arms trade.

    Doug Weir is the Coordinator of the International Coalition to Ban Uranium Weapons, a global coalition seeking a ban on the use of DU and for assistance to communities affected by its use. He also manages the Toxic Remnants of War Project, which explores state responsibility for the toxic legacy of military activities. 

     

    Featured image: A tank destroyed and contaminated with DU in 2003 near Basrah. Credit: UK Ministry of Defence