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  • Nomadism, Land Disputes and Security

    Violence between nomads and sedentary populations has become widespread across the globe and there is an urgent need to address the root causes of this escalation of violence.

    Conflicts between nomadic and sedentary communities are increasing. Control over the use of land and natural resources is very often at the heart of these conflicts, which are becoming a common occurrence in much of West, Central and East Africa. In Nigeria the escalation of violent incidents between nomadic Fulani herdsmen and sedentary farmers has reached such a level that it is seen as more dangerous than the exactions of Boko Haram. This is not limited to Africa as there are also increased levels of conflicts between nomadic pastoralists and sedentary farmers in India, Pakistan, Afghanistan, Yemen, China, Tibet, and Mongolia. Violent clashes between nomads and sedentary populations have become widespread across the globe. In light of this, understanding the causes of these conflicts and clashes is essential in order for effective remedial initiatives to be found.

    Agriculture, Climate Change and Sedentarisation

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    Nomadic homes of the Dassanech tribe in Ethiopia. Image Carsten ten Brick via Flickr.

    There are several different factors behind this increase of conflicts. The spreading of agriculture, nature conservation areas, oil and mineral extraction, and tourism, are putting increased pressure on the territories traditionally used by nomadic communities for transhumance, grazing and sources of livelihoods. As summarised by Elliot Fratkin, a leading expert on pastoralism, these threats include “the expansion of farmers, ranchers, and game parks on their lands; the privatisation, commodification, and subdivision of the range; the growth of cities, the outmigration of poor pastoralists to urban areas, and dislocations brought about by drought, famine, and political conflict“. Climate change is another non-negligible factor pushing for increased competition on the control of lands and natural resources. In recent decades, changes in climate patterns have led to extreme situations of drought pushing for changes of transhumant routes and modification in pastoral migration patterns. The Security in Mobility Initiative observes that: “The increase in frequency and length of drought cycles has forced herders to move more frequently, often to new destinations for extended periods. This adaptive trend has gone hand in hand with an increase in inter‐communal conflict.”

    All these factors are contributing to daily increases of disputes between sedentary and nomadic communities, including destruction of crops, over-grazing of land, indiscriminate bush burning, cattle theft and straying of cattle. These daily occurrences can sometimes lead to more serious escalations of violence as some of the recent conflicts have shown. For example, the report of the International Commission of Inquiry on Darfur highlighted that one of the main contributing factors to the conflict in the Darfur region was “the competition between various tribes, particularly between sedentary tribes and nomadic tribes over natural resources as a result of desertification.” This tragically led to the multiplication of extremely violent raids against sedentary villagers, and the destruction of ancestral patterns of cooperation that had previously governed the relationship between the different groups. This is only a single illustration of a common regional pattern as indeed, pastoralist-sedentary tensions are a common element in many of conflict areas, as seen in Uganda, Kenya, Southern-Sudan, Ghana, Mali, Niger, Nigeria and Somalia.

    These conflicts are not only based on competition to access natural resources, as very often there are some deeply embedded tensions between nomadic and sedentary communities, which is reflected in the lack of inclusion and respect for nomadism in political, economic and legal institutions. Governmental agencies and developmental organisations often view nomadism as an anachronism, or a primitive way of life, which needs to be ‘modernised’. A predominant perception is that nomadism was a primitive form of civilisation and that humankind has developed into a more ‘civilised’ settled form of life. This is often transformed into very aggressive forms of forced sedentarisation, which means the settling of a nomadic population. Whilst these forceful forms of imposed sedentarisation have started to be challenged at the international level, their legacy is still felt at the local levels where many agencies (public and private) are still pursing forceful imposed policies of sedentarisation (‘development through sedentarisation’). This not only creates serious resentment from the nomads but also creates extreme pressure points with their sedentary neighbours.

    Marginalisation, Land Insecurity and Invisibility

    Most nomadic communities are facing a lack of access to education, poor healthcare and economic marginalisation, often leading to breakdown in traditional modes of living and further marginalisation. The lack of land security is an important factor contributing to nomads increased marginalisation and insecurity. Traditionally, most nomadic communities rely on customary systems of communal land usage that are usually not recognised by State authorities. Most governments have adopted an approach based on western individualistic land tenure systems, favouring private ownership. Consequently, nomadic peoples’ mobile and collective patterns of land tenure are not recognised. Most national land tenure systems are supporting sedentary forms of land usage as they rely on the colonial concept of ‘productive use of the land’. Under this approach, farmers, settled agriculture, and other intensive forms of land usage are the only forms of recognised land tenure.

    Whilst there have been there has been some positive evolutions to challenge this predominant sedentary vision of land tenure rights — with examples of the adoption of  ‘Pastoral Code’ in Mauritania and Niger recognising access to grazing resource and migratory routes — generally nomadic peoples’ rights to land are not recognised under the formal land management regulations. More generally, most legal systems across the globe primarily support a sedentary approach to citizenship and justice: to get citizenship one needs a permanent abode, and to get access to justice one needs a permanent residency. International law has not fared any better as in general nomadic peoples have remained peripheral to the development of international law. Worst still is the fact that nomadic peoples have generally been the victims of rules governing title to territory and sovereignty that have been developed under dominant sedentary principles. Under international human rights law, there have been some positive evolutions acknowledging the need to recognise the specificity of nomadic peoples’ rights, such as mobile education or access to water resources. But in general nomadic people find very little protection under the international system of human rights. Even the ever-expanding legal regime to protect indigenous peoples has not integrated the specific demands and needs of nomadic communities. For example, the United Nations Declaration on the Rights of Indigenous Peoples, which was adopted in 2007 by the United Nations General Assembly, does not mention nomadism or nomadic peoples.

    Thinking more broadly in terms of international politics and international relations, nomadic peoples are nearly invisible. At a time when conflicts between nomads and sedentary communities are on the rise, this invisibility and lack of access to international politics is problematic. The voices of the nomads are not heard, or even considered. Civil society organisations have tried to remedy such invisibility in supporting the emergence of a ‘global nomadic movement’. This has notably resulted in the adoption of the Dana Declaration on Mobile Peoples and Conservation in 2002 and in the Segovia Declaration of Nomadic and Transhumant Pastoralists in 2007. These two declarations, developed with the inputs and direct participations of representative of nomadic and pastoralist organisations, represent significant advocacy documents calling for more visibility in international law and politics.

    A Way Forward?

    The threat to nomadic peoples, and nomadism as way of life, is global. The danger is not only that humankind could lose precious cultural and social assets, but also that it could suffer the loss of a very sustainable way of life. For centuries nomadism and mobility in the use of natural resources has ensured a sustainable access to sources of livelihood for many nomadic communities who often live in very fragile and harsh environments. Pushing these communities outside these zones creates serious environmental strains on areas of the globe that cannot sustain an extensive sedentary use of the resources. There is an urgent need to recognise the rights of the nomads to perpetuate their way of life and to maintain a mobile use of the natural resources. A clarification of the rights of the nomads over their grazing rights, demarcation of zone of transhumance, and recognition of their access to water sources would contribute to alleviate the escalating tensions. The overemphasis on agriculture, the lack of recognition of grazing rights, and the loss of their territories are all contributing factors pushing several nomadic groups to engage into violence. Not that violence is ever justified, but there is an urgent need to address the root causes of this escalation of violence. From this perspective there is a need from the international community, but also state authorities and developmental agencies, to actively engaged with nomads and ensure their inclusion in a fair and participative manner to the regulations regarding land tenure and the use of natural resources. As it has been seen recently in several West and East African countries, paramilitary groups and terrorist organisations can often thrive on these tensions and turn these into full-scale violent conflicts.

    Jérémie Gilbert is Professor in International and Comparative Law at the University of East London (UK). He has published various books, articles and book chapters on the rights of indigenous peoples, looking in particular at their right to land. His latest monograph is ‘Nomadic Peoples and Human Rights’  (Routledge, 2014).  He has worked with several indigenous communities across the globe and has served as a consultant for several international organisations. He was one of the invited independent experts for United Nations Expert Seminar on Treaties and other arrangements between States and Indigenous Peoples, and was a consultant for the Expert Mechanism on the Rights of Indigenous Peoples. Contact:

  • What the Environmental Legacy of the Gulf War Should Teach us

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    Whilst withdrawing from Kuwait at the end of the first Gulf War, Iraqi troops set fire to over 700 oil wells  south of the Iraq border (yellow line). These images show before, during and after the release of 1.5 billion barrels of oil into the environment, the largest oil spill in human history. Image by NASA’s Goddard Space Flight Center.

    February marked the 25th anniversary of the Gulf War’s end. The intensity and magnitude of the allied coalition’s offensive, followed by the systematic destruction of Kuwaiti oil wells by retreating Iraqi troops, led to an unprecedented environmental disaster. Yet within two months, and in a first for international armed conflict, a post-war claims and remediation mechanism ─ the United Nations Compensation Commission (UNCC) ─ was in place. Its aim was to not only help neighbouring states recover from the personal and financial losses inflicted during the war, but also to help repair the environmental damage caused. With protection for the environment in armed conflict under increasing scrutiny, it seems useful to re-examine how this mechanism worked.

    Following the conflict, there was an expectation that reparations were due to neighbouring countries and Iraq’s oil revenues offered a ready source of finance. The UNCC was established and mandated to: “…process claims and pay compensation for losses and damage suffered as a direct result of Iraq’s unlawful invasion and occupation of Kuwait”. The 2.69 million claims it processed were categorised according to claimant and type of compensation sought. These ranged from individuals’ personal injury, deaths and financial losses, to costs incurred to neighbouring countries in housing refugees, to damage to businesses and governmental property. Last but not least, was the “F4” sub-category for “Environmental damage and depletion of natural resources”.

    Using expert panels, the UNCC assessed 170 F4 claims from 12 States (Australia, Canada, Germany, Iran, Jordan, Kuwait, the Netherlands, Saudi Arabia, Syria, Turkey, UK and USA) and awarded US$5,261m ─ just 6.2% of that claimed ─ to 10 States in five instalments over as many years: the Dutch and Turkish claims were unsuccessful. Oversight of payments was strict, with regular reporting to establish that funds were used as specified. All payments have now been completed, although some projects will run until at least 2020.

    Environmental Damage on a Massive Scale

    Black smoke plumes stream into the skies around Kuwait City in April 1991 five weeks after the fires were set. Credit: NASA's Earth Observator

    Smoke plumes in the skies around Kuwait City in April 1991. Image by NASA’s Earth Observator.

    The recognition of the F4 claims for remediation and restoration was unquestionably due to the highly visible environmental damage the conflict caused. Aside from the unexploded ordnance covering 3,500km2, the footprint of the 700,000 allied troops, and the effect of millions of Iraqi, Kuwaiti and other refugees relocating to Jordan, Iran, Turkey and Syria; Kuwait and its neighbours suffered from the unique impact of the calculated use of oil as a weapon of war.

    More than 700 oil wells were blown up, with most igniting, burning 6m barrels per day for nearly ten months. Damaged oil wells spewed crude oil, forming lakes covering at least 50km2. Fallout from dispersing smoke plumes created a thick deposit known as tarcrete over 1,000km2 of Kuwait’s deserts. Meanwhile, 11m barrels of crude oil from storage units, sabotaged pipelines and oil tankers spilled into the Persian Gulf, damaging 800km of coastline. The impact of the oil on air and land quality, terrestrial and marine habitats and biodiversity was immediate, severe and long-lasting, damaging natural resources and threatening human health.

    Putting a Price on the Environment

    Placing a financial value on the environment is no easier than defining what the environment is. As they counted the cost, affected countries submitting UNCC claims were clear that economic, social, public health and biodiversity concerns were all linked to environmental quality. States not only wanted to reinstate pre-war environmental conditions in heavily polluted areas, they also wanted to address the damage to land and natural resources, and the footprints of the military and refugees. Concerned about the health implications for their populations from pollution, they also sought acknowledgment of the risks, and funds for health monitoring.

    The difficulty in assessing the monetary value of the damage was evident throughout the process. Both Iraq and the UNCC demanded that claims be supported by precise estimates, detailed costs and clear scientific evidence. The difficulties this presented, in the absence of an agreed framework to quantify damage, and debates over the quantity and quality of evidence, led to 94% of claims being dismissed.

    The bulk of the claims from Jordan, Iran, Kuwait and Saudi Arabia related to either oil spills or damage from oil well fires. Because of the visibility and immediacy of the damage, and the necessity for data gathering, monitoring and assessment claims were often upheld and remediation claims, which were reviewed later in the process, were considered favourably. Nevertheless the remediation costs, area calculations and baseline comparisons of pre-war environmental conditions were still debated and individually re-negotiated by the UNCC’s experts.

    Claims for the degradation of natural resources such as groundwater, and the loss or damage of habitats due to population displacement proved less successful. This was partly due to the difficulties in quantifying the harm caused, and the uncertainty in assessing refugee numbers and their collective behaviour. The few non-regional States’ claims related to technical and expert services provided to Kuwait and its neighbours; these were just as hotly debated as other claims.

    Claims linking the oil fires to human health risks considered the financial impact of long-term health problems and the additional deaths expected due to inhalation of the fires’ toxic fumes. However, due to the difficulty in meeting the evidentiary standard requiring harms to be the “the direct result of the invasion and occupation” these proved unsuccessful. Health monitoring and assessment projects were awarded funds, although the expert panels contested the methodologies and models they used to assess exposure, morbidity and mortality in Kuwait and Iran. Similarly, other claims relating to the impact of airborne particulates on land and heritage sites, including virtually all Syrian claims under “Transport and Dispersion of Air Pollution”, were also unsuccessful.

    Post-war Remediation and Restoration are Still Incomplete

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    The oily plumes climbed three to five kilometers into the atmosphere and hundreds of kilometers across the horizon. Image by NASA’s Earth Observatory. 

    Although capping the oil wells took only nine months, damage has proved long-lasting. The varied composition of soils caused different contamination problems. Wet oil, dry oil and solid tarcrete remained depending on absorption levels, length and severity of exposure. Oil spills covered coastlines and invaded mudflats, killing wildlife and transforming habitats. Remediation was highly specialised, often complicated by weather and the saline conditions, and necessitated preliminary monitoring and assessment work. The technologies and remediation techniques used varied, including chemical oxidation, soil washing, tilling in mudflats, soil excavation, transportation, landfills and thermal treatment.

    The necessary assessments slowed the claims process; Kuwait was still processing and awarding tender applications in 2013. Often, delays led to natural environmental changes in habitats, for example the colonisation of coastlines by algal mats, preventing their return to pre-war conditions. Such changes led to questions over what constituted successful remediation for these degraded and altered habitats, especially when remediation had not been initiated by the affected States prior to claims being filed – for instance Saudi Arabia’s duty to prevent and mitigate environmental damage was examined.

    Recognising the long-term and technical nature of environmental remediation work, the UNCC mandated further monitoring until 2013 through the Follow-up Programme for Environmental Awards – now completed and wound up. Some national projects are still underway, relating to ordnance removal, the damage and stresses caused by refugee settlements and military camps and health monitoring. Other long-term works, including irrigation improvements, livestock management, soil improvements, re-vegetation, marine reserves, saltmarsh clear-up, wildlife re-introduction and protection continue in Iran, Jordan, Kuwait and Saudi Arabia.

    Learning from the UNCC

    More than 600 Kuwaiti oil wells were set on fire by retreating Iraqi forces, causing massive environmental and economic damage to Kuwait.

    Image of oil well on fire from the ground by US Army Corps of Enginners.

    That the UNCC process included the F4 environmental damage category at all was a step in the right direction, setting a precedent and demonstrating the importance of post-conflict environmental restoration. Although influenced by well-established peacetime environmental norms, the UNCC claims and awards process had limitations. But could its lessons be developed for environmental restoration after future conflicts?

    One starting point would be to develop a common legal definition of the environment, derived from environmental and humanitarian principles. This could be used to help frame the necessity of preventing harm, and ensuring environmental restoration. Complementing this with a common framework for damage assessment could accelerate recovery and reduce harm by avoiding further damage resulting from delays in remediation. The framework would need to be developed as part of a post-conflict environmental mechanism, with claims and operations processed through an independent institution with a clear mandate.

    To be successful, monitoring and clean-up operations should neither be dependent on the affected State’s finances, nor limited to post-conflict reparations. Ideally an international fund would be established and made available, not only to support public and environmental health monitoring throughout the conflict cycle, but also to ensure that urgent remediation and clean-up operations begin quickly.

    Another lesson from the UNCC is that it is essential to go beyond the purely financial implications of damage and loss. A more comprehensive approach would also consider the direct and indirect consequences of environmental damage, linking environmental health with humanitarian protection, promoting ongoing health monitoring and re-instating post-war environmental governance.

    Most of the UNCC decision-making process was not public, when instead it should have been accessible and transparent. “Non-claimant states, civil society and the media had no access at all. The panel’s proceedings were not open to public scrutiny”[1]. Today such opacity would run counter to the principles of the Aarhus Convention on access to information and participation in environmental decision-making, and act as a barrier to external scrutiny.

    In spite of the UNCC, and the precedent that it set, the fact that 25 years on the environmental legacy of the Gulf War has still not been fully addressed is a stark reminder of the long-term impact that wartime environmental damage can have. Armed conflict not only degrades the natural environment and damages human health, it also harms environmental governance. While the UNCC model may not be applicable to all conflicts, its lessons highlight serious limitations in how the international community currently responds to the environmental consequences of conflict: limitations that must be addressed in the growing debate on strengthening the protection of the environment from the impact and legacy of armed conflict.

    Laurence Menhinick is a research assistant with the Toxic Remnants of War Project, which studies the humanitarian and environmental impact of conflict pollution. The Project is a founding member of the Toxic Remnants of War Network, which advocates for a greater standard of environmental protection in armed conflict: @TRWNetwork. The author thanks Prof. Cymie Payne for her clarifications for this article.

    [1] De Silva, A. L. M. (2014), Conflict Related Environmental Claims – A Critical Analysis of the UN Compensation Commission, Faculty of Law, University of Sydney, Australia p70 http://ses.library.usyd.edu.au/handle/2123/10426

  • Is Trident Influencing UK Energy Policy? Part 1

    This article is part of a two-part series discussing Britain’s Trident nuclear programme and the influence it may be having on the country’s energy policy. Read part 2 here.

    Following a majority vote of 355 in the House of Commons  in July 2016, the UK Government took the key decision to renew the Trident nuclear weapons system. Yet the issue remains controversial, with a wide variety of aspects persistently under scrutiny. At the forefront are debates over the costs of Trident renewal, which range from £31 billion (for the lowest estimates of submarine build costs alone) to over £200 billion when lifetime costs are considered.

    With a host of other ethical, technical and strategic issues also abounding, controversy around UK nuclear weapons policy has intensified in recent years and months, including on the future vulnerability of nuclear submarines, the growing influence that the Atomic Weapons Establishment (AWE) has over university research, the malfunction of a Trident missile test, and Theresa May’s decision to withhold this information from parliament ahead of the July 2016 vote. Not for the first time, support for Trident has come into tension with democratic transparency and accountability.

    In this two-part article we focus on another non-military sector in which developments may be strongly – but nearly invisibly – conditioned, by ambitions to renew UK strategic nuclear weapons capabilities. The issue here is a widely identified ‘puzzle’ in UK energy policy – the persistent intensity of UK Government enthusiasm for what is actually in energy terms the seriously under-performing option of civil nuclear power. Based on official defence policy documents, it seems clear that UK commitments to nuclear energy are significantly influenced by pressures to sustain the skills and expertise perceived to be necessary for the country’s naval nuclear propulsion programme. Crucially, these military connections remain almost entirely unacknowledged in energy policy literatures. The implications thus extend beyond military and energy policy alone, to raise questions about British democracy more widely.

     The ‘puzzle’ of UK energy policy

    In September 2016, after many years of setbacks, the decision was finally taken by UK Prime Minster Theresa May to give the green light for the construction of Hinkley Point C (HPC) nuclear power station in Somerset. This £24.5 billion initiative, largely financed by French and Chinese state-owned firms, constitutes one of the largest single infrastructure investments in British history. The announcement came less than a year after enactment of a “new direction” in UK energy policy, withdrawing support from several renewable and energy efficiency schemes and entrenching commitments to nuclear power. The relative scale and intensity of this British nuclear enthusiasm is a point of growing curiosity among international observers. Al Gore is “puzzled” by this and he is not the only one.

    Official UK rationales for these persistent nuclear commitments are indeed puzzling. As government analyses have repeatedly shown, nuclear power is far from being the most favourable low carbon UK energy option. Britain is blessed with what the Department for Energy and Climate Change called “the best wind, wave and tidal resources in Europe”. Official figures repeatedly show HPC to be more expensive than comparable tranches of energy from wind and solar power. Arguments over the value of “base load” generation are repudiated by the National Grid. With nuclear construction times also massively longer and relative costs dropping radically for renewables, the mismatch looks set to exacerbate by the time HPC comes online.

    Originally set for completion by Christmas 2017, HPC is now unlikely even to have started construction by then. Associated plans for a massive 16 GWe programme of new nuclear power by 2025 look even less likely. With UK renewable energy capacities in the meantime burgeoning despite a relative dearth of official support, energy security arguments would logically also favour a switch towards these “Cinderella options” to fill the gap left by nuclear delays. Yet, as prospects for resolving underperforming nuclear plans get ever more distant, increasingly favourable renewable projects remain paradoxically ever more threatened by cut-backs, leading to serious problems in that sector. Taken at face value, these patterns are difficult to explain.

    The comparative weakness of UK civil nuclear

    Image credit: Defence Imagery/Wikimedia.

    Looking at key international comparators, our research has illuminated these anomalies in more detail. The scale of the planned 16 GWe UK “nuclear renaissance” relative to the existing size of the national energy system, is unsurpassed anywhere in the world. With global investments in non-hydro renewables outstripping nuclear and fossil fuels combined, authoritative observers – including a UN Chief Scientist – argue that the world is moving in one direction (towards a renewables future), whilst the UK is moving in another. As a country with an unrivalled record of success in industrial policy, Germany offers a particularly compelling contrast. Despite hosting one of the best-performing nuclear industries in the world, the German Energiewende (energy transition policy) aims entirely to phase out nuclear power by 2022. Why should a country like the UK, with a far more attractive renewable resource and a far less competitive nuclear industry, persist in the reverse strategy?

    Our research also finds that conventional theories concerning innovation and technological transitions predict, on the basis of economic and industrial considerations, Britain (not Germany), would be most expected to phase out nuclear power. Germany was a leader in nuclear innovation with German companies leading in reactor construction projects around the globe. The UK no longer has the industrial capability to construct new conventional civil nuclear reactors. German nuclear reactors have traditionally been some of the best performing in the world, while (as noted by the Environmental Audit Committee), the UK performs badly in international comparisons. The history of UK nuclear power is replete with a number of historic failures including the “major blunder” of the Advanced Gas-cooled Reactor (AGR) programme, a 15 GW new build programme announced in 1979 where only one reactor was built, and the “financial collapse” of privatised nuclear signalled by the bailing out of British Energy.

    Factors that may explain why British and German policies have pursued such counter-intuitive trajectories go well beyond energy-specific issues – involving (for instance) the relative strengths of democracy in the two countries. Disembedding an entrenched industrial system like nuclear power requires enormous political leverage. This is difficult to achieve without strongly democratic institutions and wider capacities for vigorous critical debate. German levels of participation, subsidiarity, civic responsiveness and central accountability are repeatedly rated in international surveys to surpass corresponding qualities of democracy in the UK.

    The UK as a military nuclear power

    There is, however, another key difference between these two countries which arguably helps explain this pattern: the two countries’ contrasting enthusiasm for military nuclear capabilities. Although it hosts US air-launched nuclear weapons under NATO nuclear-sharing agreements, Germany has no apparent commitments or ambitions to develop its own nuclear-armed or nuclear-powered military capabilities. Conversely, the UK has retained a remarkable industrial and technological infrastructure for maintaining a ‘continuous-at-sea-nuclear-deterrent’ since the late 1960s.  Even a cursory familiarity with UK politics shows how essential this capability is perceived to be, under a particular post-colonial vision of an ‘outsized power’ that ‘punches above its weight’ on the world stage.

    This cherished feature of elite UK national identity comes at significant cost. Nuclear-powered submarines are a particularly burdensome element of these ambitions. With their stealth, range and robustness viewed as essential to the military credibility of strategic nuclear weapons, these are among the most complex and demanding of manufactured artefacts – each comparable in complexity to the space shuttle. Yet security sensitivities preclude much of the kind of specialist outsourcing of production that is routine in other industries, as made explicit in the (still current) 2005 Defence Industrial Strategy. So despite a diminishing, ever more globally-integrated manufacturing base, Britain must somehow finance exclusive national capabilities in this most demanding of areas.

    With the sensitive nature of the military nuclear sector, obviously limiting opportunities directly to cover these costs through exports, it is becoming ever more difficult to maintain the national reservoirs of specialist expertise, education, training, skills, production, design and regulatory capacities necessary to sustain UK nuclear submarine infrastructures. It is here that even second- and third-tier roles for British submarine industry firms in parallel supply chains for civilian nuclear power, could make all the difference. Perhaps it is a particular militaristic vision of national prestige on the world stage, then, that might help explain why the UK Government is evidently so relaxed about the otherwise insupportable additional costs of civil nuclear power?

    Here, further illumination may be found in another UK energy policy puzzle: the Blair government’s unexplained ‘U-turn’ on nuclear energy policy where the technology went from being declared “unattractive” in 2003 to being firmly back on the agenda in 2006 in one of the most abrupt policy turnarounds in UK history. It is during this period that the obscure imperatives around national submarine capabilities come to the fore. We explore this critical juncture in Part 2.

    Phil Johnstone is Research Fellow at the Science Policy Research Unit (SPRU),  the University of Sussex. His current research is focussed on disruptive innovation in the energy systems of Denmark, the UK and Germany. Previously Phil worked on the Discontinuity in Technological Systems (DiscGo) project and is a member of the Sussex Energy Group (SEG). 

    Andy Stirling is a professor in SPRU and co-directs the STEPS Centre at Sussex University. An interdisciplinary researcher with a background in natural and social science, he has served on many EU and UK advisory bodies on issues of around science policy and emerging technologies.

  • The Islamic State: Caliphate Interrupted, But Not Defeated

    The Islamic State’s loss of the territory does not mean that has been defeated. Rather, it presents several new challenges to those trying to contain the threat of the Islamic State.

    After months of a sustained, international military campaign against the organization, the Islamic State is now in retreat, relinquishing towns, territories and populations once under its control across Iraq and Syria. At its height, the organization was estimated to control or influence a territorial space between 12,000 to 35,000 square miles, areas approximating the size of Belgium or Jordan, respectively.

    Though the crumbling of a self-proclaimed caliphate represents a victory in many ways to many different actors—the Assad Regime, the Iraqi government, the Russian government and the United States—IS’ significant loss of the territory and populations does not mean that the Islamic State has been defeated. Instead, the loss of territorial control presents several new challenges to those seeking to contain the IS threat.

    The importance of territory in conflict

    Today, as in previous civil wars, control of territory has fundamentally shaped the nature of conflict. Not only is territorial control a preliminary objective and launch pad for many rebel groups globally and historically, it also influences insurgent behavior in several significant ways. From shaping how rebels deploy violence, the targets of said violence, whether rebels provide some sorts of services or develop governing institutions, and the beneficiaries of these services, territorial control, or the lack thereof, is a profound shaper of conflict dynamics. As the Islamic State shifts from being in control of significant swathes of land and peoples, to a landless network of raiders, the organization’s behavior seems increasingly likely to change, and in some ways, has changed already.

    In a recent paper published in the Journal of Politics, my co-author, Yu-Ming Liou, and I argue that the reason for this is that territorial control in and of itself is a military resource. Beyond simply influencing the politics and people in a region or town, the control of territory means the ability to defend and hold a place from counterinsurgent attack. The absence of the state is critical for rebels. With a space for themselves, free of enemy interference, insurgents can train and move around freely. They can begin unhindered propaganda campaigns that may have local or global reach. They can initiate contacts with supportive foreigners or foreign governments abroad. They can stash equipment and materiel for later use. They can recoup and recover in relative safety after a raid or ambush. Territorial control on its own serves to boost the military strength of an insurgent organization.

    But territorial control is not simply about the acquisition of space: it frequently includes the acquisition of people, under control of the rebel group, but not a part of the insurgency. The relationship between rebels and civilians living within the territory rebels control are inherently intertwined, and as Mao famously quipped, civilians are the sea in which the insurgent fish should swim. Where territory is itself a military resource, civilians can also provide intelligence and information, medicine, technical expertise, weapons or financial aid, compliance, and importantly, recruits.

    The resources civilians offer, however, are not always so easily won. Rebels may use coercion or violence to get what they wish from civilians, generating resentment and shrinking the pool of potential recruits and resources providers. On the other hand, insurgents can incentivize cooperation by limiting violence and predation of civilians, as well as providing goods or services, quasi-state institutions, education, health care, security and justice. When rebels control territory and civilians, they move from being roving bandits to stationary bandits, incentivized to provide some form of governance.

    Thus, when rebels capture territory and control civilians, it generally affects their behavior in two key ways: rebel predation of civilians, and rebel governance to civilians. Strong rebels and rebels that control territory are less likely to rely on indiscriminate violence. They also tend to avoid terrorism. Similarly, given that most rebels want to eventually rule over the civilians they control as a legitimate sovereign, many insurgent groups are more likely to provide social services and develop governing institutions once they capture territory and populations. In fact, according to an original dataset on rebel education and health care provision, about one-third of all insurgencies provide some form of governance.

    Among rebel groups that control territory, however, this figure almost doubles. Though not all rebel groups want to rule over all civilians living in the territory they capture (for instance, IS engaged in mass killing and genocide against the Yazidis, and allegedly offered Christians a chance to pay taxes or flee), for those civilians who rebels view as being future citizens of the state its creating or leading, the foundations of governance are frequently established in the roots of war. As an example, those who lived within IS territory claimed they were living in a “golden era,” better than the governance that had preceded the Islamic State’s control. These services ranged from running utilities and hospitals, to building schools and developing a curriculum that comports with the Islamic State’s ideological precepts.

    The Islamic State and territory

    Image credit: Dying Regime/Flickr.

    Over the past several months, the Islamic State has consistently lost territory across both Iraq and Syria. Facing incursions from the Iraqi military as well as the Syrian government and its allies, the Islamic State’s grasp on space and domination over people has diminished. As a result of this change, several IS behaviors may also begin to shift, and the lack of territory does not correspond to a lack of threat.

    The governance IS provides will likely dissipate. It is challenging to provide governance without some form of territorial control, and with the Islamic State on the run from military forces bearing down, IS will increasingly face challenges to providing services within the remaining spaces it controls. Though the lack of services for civilians may not seem particularly consequential, clean water and electricity are essential for healthful and hygienic living and the practice of more advanced medical treatment, like surgeries.

    The rise of the Islamic State and its initial popularity was also tied to the lack of sufficient goods and services—a lack of governance by the Iraqi government. Without the Islamic State’s organization and provision of goods, people’s needs might not only go underserved, triggering a humanitarian crisis, but the governance vacuum could be filled by equally ruthless and dangerous actors, and terrorism expert Bruce Hoffman has suggested that a blow to the Islamic State could be a boon to Al-Qaeda operatives in the region. Foreign governments and domestic actors ought to be acutely aware of making the day-to-day living of civilians as normal as possible, as quickly as possible.

    Second, civilians may increasingly find themselves as the targets of violence, rather than state military or security forces. The underground, clandestine nature frequently associated with a lack of territorial control makes IS movements harder and harder to track, and has been linked to terrorist violence. As an example, the Islamic State, which does not territorial control in Europe, typically relies on attacks on civilian targets by affiliates as a means of attack there. Just last week, the Islamic State killed over a dozen people in Barcelona by using a car to mow down a busy street of pedestrians (a style of attack replicated by white supremacist terrorists in the United States).

    On the other hand, in Syria and Iraq, the Islamic State has been able to rely on conventional or guerrilla tactics to achieve its goals. Consequently, the lack of territorial control and potential increase in the use of terrorism by the Islamic State, civilians may increasingly find themselves in the crossfire of IS attacks. Already, Though the Islamic State endeavors to survive and endure, and can do so by moving its operations online and underground despite territorial losses, it nevertheless keeps the image of the caliphate alive by repurposing videos and media that “depict the ­Islamist state it sought to establish as an idyllic realm destined to be restored.”

    The Islamic State might also create or be given some form of Just like controlling territory in the country a rebel group seeks to one day rule, a sanctuary or foreign base is also a safe space that confers military benefits to the insurgency. However, when rebels have foreign sanctuary, they are removed from the civilians they might some day hope to govern, and incentives to moderate their behavior declines. Ultimately, then, when rebels control territory separated from those they wish to govern, it has all the benefits of acquiring territory, without any of the costs (or benefits) of also acquiring civilians. In our paper, we find that when civilians have access to a sanctuary in a foreign territory, they are more likely to engage in violence against civilians, killing over twice as many civilians than the average rebel group.

    Conclusion

    In sum, as IS transitions from controlling territory to a more clandestine network, civilians’ lives and livelihoods remain in the crosshairs. Weak rebel organizations and rebel organizations that lack territorial control are more likely to engage in terrorism and indiscriminate violence.

    Civilians could lose access to critical goods and infrastructure services, thereby putting them at risk for a humanitarian crisis. Unbound by territorial space, IS could prioritize deadly terrorist attacks outside the realm of Syria and Iraq, focusing instead on Europe and North America, in addition to the Middle East and North Africa. Military forces may have wrested the Islamic State from its self-proclaimed caliphate, but the battle may be far from over.

    Megan A. Stewart, Ph.D., is an Assistant Professor of Transnational and International Security at American University’s School of International Service. Her research lies at the nexus of two distinct areas: civil war processes and state formation. Megan is currently completing her book manuscript, Governing for Revolution, which explains variation in rebel governance and incorporates both quantitative and qualitative methods, including the creation and analysis of an original dataset, elite interviews held in Lebanon, and archival research and fieldwork conducted in East Timor, Australia and the United Kingdom. In 2016, her paper “Civil War as State-Building” received honorable mention for the Best Paper Award by APSA Conflict Processes Section and is forthcoming at International Organization. Her research has been published at Conflict Management and Peace Science and the Journal of Politics, and has also been featured in the Washington Post, Political Violence at a Glance, and the Project on Middle East Political Science (POMEPS).

  • Food Security in South Sudan

    For various reasons, South Sudan faces serious problems of food insecurity. What are the possible solutions to this issue? 

    South Sudan faces serious problems of food insecurity due to low per capita levels of domestic food production, periodic droughts, widespread poverty, political unrest, and, since late 2013, renewed armed conflict between the central government and rebel forces led by former vice-President Riek Machar.  Moreover, large fiscal deficits and expansionary monetary policy have led to high rates of inflation, balance of payments deficits and a sharp depreciation of the South Sudanese pound. This in turn has resulted in an economic crisis that has further worsened household welfare. In this context, enhancing food security (physical, social and economic access to sufficient, safe and nutritious food for all people at all times) will require a multi-faceted set of public and private investments, sound policies and targeted interventions for especially vulnerable households.

    South Sudan’s Food Insecurity                   

    Much of South Sudan receives little rainfall and only 5 percent of the arable land is currently cultivated. Nonetheless, the country has significant potential for increased cereal production, especially in the southern regions with the highest annual rainfall. Sorghum and maize account for most of the country’s domestically produced cereal, but there is little marketable surplus due to small farm size, low productivity and weak market incentives for sales.  Accurate data on crop area and production for South Sudan are scarce, and there is considerable uncertainty in the estimates, particularly since the renewal of armed conflict. According to annual FAO/WFP supply estimates, food production increased rapidly in recent years, from 660 thousand tons in 2009/10 to nearly 900 thousand tons in 2014/15, an average growth rate of 9.6 percent per year, due mainly to expansion of area harvested by 5.5 percent per year.

    Figure 1—South Sudan Cereal Production, 2009/10 – 2014/15

    sudan-figure-1

    Source: Based on FAO/WFP data.

    Alternative estimates of production derived from the household consumption data (2009 NBHS) suggest cereal production was 21 percent higher than the 2008/90 FAO/WFP estimate. Estimates of trade flows derived from the 2009 National Baseline Household Survey consumption figures, suggest that imports were a major source of supply just prior to Independence, reaching perhaps 700 thousand tons in that year.

    Independence and the nearly complete disruption of trade with northern Sudan resulted in a major shift in the composition of cereal imports between 2009 and 2013, however. In 2009, cereal imports (mainly sorghum) totaled about 700 thousand tons, mostly from northern Sudan. By 2013, cereal imports had risen to nearly one million tons, with sorghum imports following from about 450 thousand tons to 320 thousand tons, while maize imports rose to 580 thousand tons, with imports of rice and wheat each totaling about 200 thousand tons.

    Table 1—South Sudan Estimated Cereal Production, Consumption and Imports (‘000 tons), 2009 and 2013

    Source: Adapted from Table 2 in Dorosh et al., 2016.

    Perhaps not surprisingly given the large private sector import flows, maize and sorghum prices in South Sudan are closely linked with prices in northern Uganda.

    Figure 2—South Sudan: Domestic and Import Parity Prices of Maize, 2008-15

    Notes: The exchange rate of the South Sudanese Pound (SSP) to the US Dollar in January, 2015 was 2.95. Source: Adapted from Figure 3 (Dorosh et al., 2016).

    Notes: The exchange rate of the South Sudanese Pound (SSP) to the US Dollar in January, 2015 was 2.95.
    Source: Adapted from Figure 3 (Dorosh et al., 2016).

    Consumption of maize was nearly to that of sorghum (75.1 and 78.7 kgs/capita per year, respectively), as per capita maize consumption rose by 113 percent, while per capita sorghum consumption fell by 33 percent. Rice and wheat consumption also increased sharply, from 3.2 and 2.3 kgs/capita per year, respectively, in 2009 to 21.4 and 16.8 kgs/capita per year in 2013 – a 574 percent increase in per capita rice consumption and a 647 percent increase in per capita wheat consumption. The 2009 NHBS data, still the only source for detailed information on consumption patterns in South Sudan, show significant variation in consumption patterns across households. Throughout South Sudan, sorghum and maize are generally the major cereals consumed. Sorghum is the predominant cereal in rural areas, particularly in the north, while in Juba, maize and wheat are more widely consumed.

    Figure 3—South Sudan Average Monthly Kilogram Cereal Consumption Per Person

    south-sudan-figure-3

    Source: Calculated using data from South Sudan National Baseline Household Survey, 2009.

    Livestock are also a major source of income and food consumption in South Sudan, as well as a store of wealth, but the data on livestock are even more uncertain than the cereal data. Nationally, there were an estimated 11.74 million cattle in 2009, an average of 1.34 animals per person. Ownership is higher in the northern regions than in the south (1.58 and 0.88 animals per person, respectively). In 2013, approximately 45 percent of the population lived in households that consumed dairy products; consumption per capita in the northern regions is twice that of the south.

    Looking ahead

    oxfam-south-sudan

    Image credit: Oxfam International.

    In the medium term, increasing production of both crops and livestock is essential for food security in South Sudan, not only to reduce reliance on imports, but also to raise incomes of farmers. Rapid expansion of agricultural extension services, provision of improved seeds and increased fertilizer availability have led to large increases in agricultural production in neighboring Ethiopia, and have the potential to do likewise in South Sudan. Complementary investments in rural roads and other road infrastructure are also required, along with funds for maintenance.

    In the short term, though, food aid and targeted relief programs are badly needed to reduce the high levels of malnutrition in for the country as currently 31 percent of children under five are stunted and 23 percent are wasted. A national food security reserve system that ultimately would be supplied by domestic procurement of cereals was also proposed before the recent unrest, but such a system may take years to develop.

    In addition, maintaining incentives for the private sector import trade is essential to boost availability of cereals and minimize large spikes in prices. This would require a return to macro-economic stability in terms of both domestic inflation and exchange rates, as well as availability of foreign exchange. Keeping border controls and tariffs on cereal imports to a minimum could also help minimize transactions costs. Finally, none of these policies and investments will be effective in substantially improving food security without an end to armed conflict. Food security is possible for the people of South Sudan, but only with a restoration of peace, major new investments and sound government policies.

    Paul A. Dorosh is the Division Director of IFPRI’s Development Strategy and Governance Division. His previous positions include IFPRI Senior Research Fellow and Program Leader of the Ethiopia Strategy Support Program in Addis Ababa (2008-2010), Senior Economist at the World Bank (2003-2008), senior research fellow with IFPRI in Dhaka, Bangladesh (1997-2001) and Associate Professor at Cornell University (1994-97). He holds a Ph.D. in Applied Economics from the Food Research Institute, Stanford University and a B.A. in Applied Mathematics from Harvard University, and has published research on agricultural markets, food policy, international trade, economy-wide modeling and the rural-urban transformation.

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  • Drone Strikes and Never-Ending Wars

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

    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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  • A Sharper Edge: QME, the Iran Deal and the Gulf Arms Race

    DU-turn? The changing political environment around toxic munitions

    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.

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    Too Quiet on the Western Front? The Sahel-Sahara between Arab Spring and Black Spring

    While the world’s attention has been focused on the US-led military interventions in Iraq and Syria a quieter build-up of military assets has been ongoing along the newer, western front of the War on Terror as the security crises in Libya and northeast Nigeria escalate and the conflict in northern Mali proves to be far from over. In the face of revolutionary change in Burkina Faso, the efforts of outsiders to enforce an authoritarian and exclusionary status quo across the Sahel-Sahara look increasingly fragile and misdirected.

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    Colombia and Mexico: The Wrong Lessons from the War on Drugs

    As activists around the world participate in a Global Day of Action against criminalisation of drug use, evidence from the multi-billion dollar War on Drugs in Colombia suggests that militarized suppression of production and supply has displaced millions of people as well as the problem, not least to Mexico. The wrong lessons are being exported to Central America and beyond, but a groundswell of expert and popular opinion internationally is calling for alternative approaches to regulating the use and trade in drugs.

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    Beyond crime and punishment: UK non-military options in Syria

    The defeat of the UK government’s parliamentary motion on support in principle for military action against the Syrian regime means that Britain will play no part in any direct attack on Syria. What then are its options for resolving the Syrian conflict, protecting civilians and punishing those responsible for war crimes there? This article assesses what the UK can do in terms of pushing for a negotiated peace settlement and to hold accountable those responsible for using chemical weapons and any other war crimes committed during this century’s worst humanitarian crisis.

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  • Geneva II: Prospects for a Negotiated Peace in Syria

    This article by Sustainable Security’s Richard Reeve was originally published on openDemocracy on 29 November, 2013.

    Syria Rubble 3

    Bab Amro, Homs
    Source: Freedom House (Flickr)

    All wars end, sooner or later. With an interim deal signed on Iran’s nuclear programme, the great powers, Middle Eastern diplomats and the mediators of Geneva are returning their attention to ending the war in Syria. As figures released by Oxford Research Group on 24 November reveal, at least 113,735 Syrians had been killed by August, one-in-ten of them children. No conflict is currently deadlier. The 25 November announcement that the so-called Geneva II conference would finally convene on 22 January is thus overdue but good news. But what are the chances of it bringing peace?

    Securing Syrian participation

    If the responsibility for making peace rests with the Syrian actors to the crisis, the Geneva process has not yet secured domestic participation, let alone commitment. Convened in June 2012, the original Geneva conference was a meeting of the Action Group for Syria, an initiative co-sponsored by the UN and League of Arab States and including the five permanent members of the UN Security Council (‘P5’), the EU, Turkey and, as office-holders within the Arab League, Iraq, Kuwait and Qatar. The ensuing Geneva Communiqué set out a six-step plan to peaceful transition. But this was a commitment of the Action Group, not the Syrian parties to the conflict.

    Geneva II, by contrast, is all about brokering agreement between Syrians. This has become very much more difficult since mid-2012, when up to 25,000 Syrians had died in the conflict. Based on data up to end of August 2013 analysed by ORG and ongoing casualties recorded by Syrian civil society, this casualty figure is now around five times higher. Levels of destruction, displacement and brutality have similarly multiplied.

    The Sayyidah Zaynab Mosque south of Damascus is a major pilgrimage site for Shia Muslims from Syria, Lebanon, Iraq, Iran and beyond. Attacks on the shrine in 2013 have reportedly motivated many regional Shia to fight in Syria. Source: Wikimedia

    The Sayyidah Zaynab Mosque south of Damascus is a major pilgrimage site for Shia Muslims from Syria, Lebanon, Iraq, Iran and beyond. Attacks on the shrine in 2013 have reportedly motivated many regional Shia to fight in Syria.
    Source: Wikimedia

    The character of the war has also changed since 2012. It has increasingly become sectarian and internationalised. Sunni militants from across the Arab world and beyond have transformed the nature of the armed resistance. Shi’a militia from Lebanon, Iraq, Iran and Syria’s Alawite community have played a decisive role in recent regime offensives. Secular Kurdish militia control the northeast.

    Healing these divisions may take generations. Peace or a cessation of violence is an immediate imperative. Securing a deal in Geneva is likely to be a case of a ‘good enough’ compromise from an ‘inclusive enough’ coalition of interests. This is likely to have at least three dimensions.

    First is the problem of securing meaningful participation in even initial talks. The largest and most widely recognised opposition political force, the National Coalition insists that President Bashar al-Assad must leave power. The regime insists it will neither ‘talk to terrorists’ nor negotiate surrendering power. The National Coalition faces greater internal resistance to negotiating, while the Assad regime is reassured by negotiating from a position of increasing strength on the battlefield.

    Second is the problem of linking political settlement with battlefield realities: without the buy-in of combatants, no peace deal will be ‘good enough’ to hold. The National Coalition and its Free Syrian Army (FSA) have never coalesced the myriad of armed local resistance units into a capable force. Pulverised by regime armour, artillery and air power, opposition forces have increasingly rallied from secular to Islamist command to access more effective leadership and resources. The Islamic Front merger of the largest such groups on 22 November hugely undermines the National Coalition’s credibility. Conversely, association with the main armed Kurdish party has boosted the National Coordination Body, a moderate coalition of otherwise unarmed opposition parties still operating within Syria. The question of how civil society groups or minorities opposed to armed struggle can be involved in Geneva II remains unresolved. These should not be considered niche perspectives.

    Third, ‘inclusive enough’ probably means side-lining some Jihadist groups that in 2013 have become dominant in the east and major players on the northern (Idlib and Aleppo) and southern (Daraa) fronts. Funded, organised and to a significant extent manned from abroad, the extent to which these groups represent Syrian interests is debatable. Affiliation with al-Qaida suggests these groups’ leaders are opposed to political compromise. As with AQ affiliates in Somalia and Mali, their radicalism may not be shared entirely by the Syrians who fight with them. The consolidation of the Islamic Front could serve to divert resources from al-Qaida affiliates.

    U.S. Secretary of State John Kerry and Russian Foreign Minister Sergey Lavrov on September 12, at beginning of Syrian chemical weapons talks.

    U.S. Secretary of State John Kerry and Russian Foreign Minister Sergey Lavrov on September 12, at beginning of Syrian chemical weapons talks.
    Source: Wikipedia

    Securing international commitment

    If the responsibility for making peace rests with the international actors who have waged a war through armed Syrian proxies, the Geneva process so far looks equally constrained. Global rivals Russia and the United States play a leading role in the Action Group, but this leaves unrepresented the far more heavily committed (in military and financial terms) rivals for influence in the Persian/Arabian Gulf region: Iran and Saudi Arabia. Turkey and Qatar are also key supporters (and hosts) of the armed opposition but their presence adds to the sense that the Action Group is weighted against the Assad regime, which may count only Russia, Iraq and, more loosely, China as allies in Geneva.

    Bringing the Iranians and Saudis into the process is thus crucial to the success of Geneva II. Iran’s opening to the west since the election of President Hassan Rouhani is partly driven by the draining of Iranian resources in Syria. With the Assad regime advancing on the battlefield, and Russia and the western powers sharing its concern over the rapid rise of Sunni extremists on the Syria/Iraq border, Iran is more likely to back peace in Syria. Its interests include a veto on Sunni dominance and continuance of its access to Hezbollah in Lebanon. However, with Shi’as and Alawites representing under 15% of Syria’s population, it is unclear how it can secure these interests without the Assads in charge.

    Saudi Arabia looks a harder sell, not least because it feels its privileged status as US regional ally slipping as Iran pursues rapprochement. Recent Saudi tensions with Turkey and Qatar over influence in Egypt further undermine the unity of foreign pressure on the opposition. Yet reshuffles within the National Coalition and Islamic Front since July suggest that pro-Saudi elements have gained prominence in both. Riyadh may have the influence to bring these rivals together, but only if the Coalition assumes a more overtly Islamist identity. Reconciling Syria’s Sunni Arab majority and an Islamist agenda with either the Assad regime or western expectations is an enormous challenge, although the Geneva Process foresees a National Dialogue followed by constitutional and legal reforms to determine just such issues.

    What way forward, then? It seems axiomatic that the rivalry between Iran and its Gulf Arab neighbours needs to be addressed directly through talks and confidence-building rather than through proxies over Syria. This is of particular urgency as talk re-emerges of a Saudi nuclear weapons programme to counter Iran. It could also be that the National Coalition is overly constrained by its disparate backers’ demands for opposition unity. The divisions that have hampered it in making war may also hamper it in making peace. Representation in Geneva that allows disparate Salafist, Muslim Brotherhood, secularist and pacifist currents to express themselves may be beneficial.

    Judicial pressure

    While the parties and their regional backers remain far apart in their expectations, international judicial mechanisms have potential importance as leverage towards peace, in restraining the behaviour of combatant parties, and eventually pursuing post-conflict justice. Although Syria has not signed the Rome Statute, international war crimes prosecutions could be brought if the UN Security Council refers Syria formally to the International Criminal Court (ICC).

    Due legal process and systematic gathering of evidence, including data on casualties, is crucial if the threat of prosecutions is to be realistic. The UN Commission of Enquiry has been investigating a wide range of alleged crimes committed by both sides, with a view to future prosecutions. Growing P5 consensus on the need for conflict settlement could make referral to the ICC possible in the case of Syria, as it did over Sudan in 2005.

    As with the now dissipated threat of military intervention, at least the threat of prosecutions could increase pressure on Syrian combatants to curb the most egregious atrocities and negotiate peace. With both Iran and Russia appalled at the use of chemical weapons in Syria, pressure of prosecution could even be used to unstick the question of whether Bashar al-Assad presides over any transition government.

    Richard Reeve is the Director of Oxford Research Group’s Sustainable Security programme. He works across a wide range of defence and security issues and is responsible for the strategic direction of the programme. Richard has particular expertise in global security, Sub-Saharan Africa, peace and conflict analysis, and the security role of regional organisations.