Tag Archives: security

African Armies Governance: An expected transformation

Last year I wrote an article emphasizing the climate of uncertainty which prevailed within several African military institutions in particular Chad, Ivory Coast and Somalia, to take only these examples. Several countries being in phase of reconstruction because of successive military and political crises, know difficulties rebuilding their armies and maintaining a certain cohesion or often an exemplary discipline. Gambia, Mali and Burkina Faso, are examples of country among which the armies for diverse reasons, remain fragile in spite of all the efforts of current reconstruction.

One must recognize that, the largest number of countries which armies are fragile, is because of internal crises and because of political manipulation of the military tool. The political instrumentalization for purposes of positioning, remains the main cause of the diverse unrests but you should not either hide the insufficiency of governance of these armies. The case of Chad reminds us of how much the non-payment of bonuses due to soldiers who intervened within a UN framework, is an aberration regarding  the governance of the defense sector. Worse, the Chadian President requested the international financial support, to support the actions of his soldiers in Mali within the framework of the fight against terrorism and it was the object of no reaction. Let us not forget that Chad remains one of the most committed countries in the fight against terror.

How do these countries manage not being able to settle arrears of bonuses promised in a context or an other one? How do they manage not to anticipate these unrests within the armies being regularly transformed into mutinies? It seems that the weaknesses of these countries are at the level of the governance of their armies. A Coherent and active governance of the Defense sector effectively allows to anticipate major crises such as mutinies. The governance of the Defense sector rests essentially on the bodies of the armies in charge of governance, which are  the inspection and control services, contributing to the stability of the military institution. Besides another mechanism of anticipation and governance of the Defense sector is the National Assembly which through democratic control of the armies, provides coherent governance of the military and alerts on possible deficiencies to consider. In fact this is about a major gouvernance watch device based on internal mechanisms to the armies (inspection and control) but also over external mechanisms (Civil society, NGOs, National Assembly, etc.) to anticipate crises which can destabilize the concerned countries.

So, the transformation of African armies on the basis of a sincere commitment of the decision-makers, is imperative more than ever. The general unrest of the armies which very often is only an accumulation of dysfunctions from inheritance, must be handled frontally with realism and political courage. When it turns out to be necessary, a simple revision can settle this discontent through a Security Sector Reform (SSR), in the worst case, a revival (dissolution and reconstruction) of the armies is inevitable. In any case, a brave political will matched by a consequent defence budget, determines the success of such an initiative, wether it is about restructuring, revision, or dissolution with the aim of reconstruction.

Outside the African continent, several countries experimented the dissolution of the armies with mixed results (Costa Rica, Haiti and Panama). For Costa Rica and Panama, the effort was put on a well equipped police force and Defense agreements, as for Haiti, which had dissolved its army in 1996, reconstruction was engaged since 2014. We thus recommend on the basis of this observation of general unrest of the African armies, that the African Union ( AU) can convene an emergency meeting to examine this thorny question and to establish an African special program for armies reconstruction of countries wishing it. This program could be financed by the AU countries themselves but also with the bilateral and multilateral cooperations. Finally, A fund raising campaign could support this vast continental program.

Building Security and Justice After Conflict – Student Position Papers

 

At the end of the SCID Course, students are asked to reflect upon the whole Course and write a position paper (of about 750 words). The paper should be on an issue related to building security and justice in post-conflict environments that they feel most passionate about which requires attention by, at least an element of, the international community. The postscript to the paper summarises reasons why effective action has not been taken to date. Students are asked to draw on their own experience and knowledge as well as academic material, with the aim of persuading the reader to agree with the position put forward and, if necessary, to act, while displaying academic writing and analytical skills.

Those papers that secured a Merit or Distinction (i.e. above 60%) are reproduced on this Blog (below and on a new page entitled Building Security and Justice after Conflict – Student Position Papers). Congratulations to all students who did so well and to everyone in the March 2015 intake for completing the whole course – and all the very best with your dissertations.

I hope you enjoy reading the following position papers as much as I did. Please share, like, and comment.

Best wishes, Eleanor

Dividing the Threat Multiplier: An Argument for Effective International Prosecution Against Grand Corruption and Kleptocratic Regimes – Maren Moon

The release of the Panama Papers by the International Consortium of Investigative Journalists (ICIJ) has fuelled spectacular revelations regarding the scale of grand corruption and the wider system which enables it (ICIJ, 2016: np).  The scandal is exposing involvement by the very people and institutions who should feel morally and legally compelled to act with the highest integrity but who instead participate in a system all too frequently perpetrating wholesale crime, undue privilege, and the global erosion of security.  (Wolf, 2014: 3). They are doing so with impunity, and they are doing so while the world’s watchdogs cannot help but possess full knowledge that ‘the link between grand corruption and mass human rights violations is undeniable’ (Freedom House, 2014, and also Woodrow Wilson Center, 2016: np., and Transparency International: 2008, ).

No less than heads of states and global financial institutions linked to London, New York and Switzerland have now been connected to an enormous shadow economy responsible for: hiding assets; exercising bribery; facilitating tax evasion; practicing financial fraud; enabling drug trafficking; and participating in sexploitation. (See ICIJ, 2016 and Huffington Post a, 2016, Huffington Post b, 2016: np, and BBCb, 2016: np ). And no fewer than 11 million documents have laid bare the global elite’s participation in a system purposefully rigged to increase the gap between the absurdly wealthy and the tragically poor.  The international community would do well to note too that this is a system which facilitates crime in desperate and conflict-vulnerable settings while arming the insurgents and terrorists who operate from within such settings (Patrick, 2009 and Napoleoni, 2003). We should also recall the system intentionally erodes democratic principles of transparency, fair taxation, the right to peaceful protest, and the exercise of free speech (Woodrow Wilson Center, 2016: np and Wolf, 2014: 5-8).  In short, this is a system wherein leaders and criminals alike actively undermines everything to which the international community aspires, and for which it ultimately endeavours; sometimes selflessly and in conditions of great hardship.

It should not go unrecognised that the responses of those who have been unveiled as both witting and unwitting participants in the darker aspects of this economy, all too consistently reiterate a mantra which should give each of us a moment’s pause for reflection – that lawyers and financial experts alike still possess the legal means of perpetrating unfair, corrupt, and increasingly unfair and corrupting practices. Vested interests in lofty positions have suggested big businesses, and their high-flying personnel, need to work in the shadow economy even when it lowers opportunities for smaller businesses and honest entrepreneurs.  They argue further that legislation against bribery ‘puts British companies at a competitive disadvantage’ (Barrington, 2016: 4). And yet still too, others have intoned that society needs to tacitly accommodate unethical practices in the financial sector on the grounds that businesses in their countries are too big to fail, or too important to risk having relocate to another country. But in making these accommodations we will be enabling the capture of entire governments by organisations whose interests do not include the common citizens who eke by and sustain the infrastructure enjoyed by those who have rigged the system against them (Johnson, 2009: np).  Such accommodation could only serve to entrench profit for the few at the cost of the many. We are, in effect, now experiencing parallel attacks on democracy by the licit and illicit economies alike – both of whom are seemingly melding into a deeper, more committed relationship in an increasingly shady capacity and whose political-economy will forever thwart the international community’s efforts in bringing peace and security.

Those who evade tax legally are allowed to escape criminality by conveniently structured legal technicalities. This phenomena is relatively easy to rectify. But the Big King Kleptocrats who knowingly act outside the law, do so understanding that successful prosecution against their acts is nearly unheard of. History and statistics remain firmly on their side. This is occurring regardless of corruption’s increasingly evident role in destabilising entire continents such as Africa, the Middle East, Asia, and Central and South America (Carnegie, 2015).  These actors smile comfortably while insinuating that exposure of their misdeeds might expose a larger, darker reality in which too many purportedly clean-skinned actors may also be complicit.

And while they may not be kind, they most certainly are proving wise.

Indeed, these same kleptocrats, and their advisors, will have followed closely the freedom and riches once more enjoyed by Egypt’s Hosni Mubarak who has now escaped charges of corruption and murder on a mere technicality (Reuters, 2015: np). Mubarak was a kleptocratic despot whose legacy includes death, blood, fear, and a deeply troubled country. He did not operate in a vacuum, and he was aided by the most powerful regimes in the world. But that does not excuse the outcome – nor does it justify the continuance of such behaviour. Those choosing to play in the dirty sandbox of blood and money in today’s shadow economy will have either dismissed the importance of the Arab Spring’s impact on security and human rights or cynically regarded the situation as yet another opportunity from which to leverage additional millions.  I argue that humanity can no longer afford such cynicism.

I further assert these same actors will have understood President Goodluck Jonathan’s dismissal of his bank governor following the well-intended public servant’s disclosure to the ‘Nigerian Senate that the treasury was missing billions of dollars in expected oil revenue’ (Wolf, 2014: 5). Indeed, Jonathan and his cronies seemed content to turn a blind eye to the networks which channelled money and arms to Boko Haram while leaving security forces ill equipped to quell an uprising which has now left more than 10,000 civilians and security personnel dead at the hands of Islamist savagery (Foreign Policy, 2015: np).

The kleptocrats will have further monitored the toppling of corrupt regimes in Tunisia and the Ukraine and reacted like narcissistic sociopaths unable to emotionally register the gravity of their actions, while concurrently making plans to fly to safety while maintaining access to their ill-gotten gains if the same danger knocks on their door.

The impunity enjoyed by this cohort, and structured into our globalised economy, has paved the way for much of the harm we see unfolding on the world’s stage. It has also provided resonant and compelling reasons from which the so called Islamic State, Boko Haram, and the Taliban find a seemingly endless supply of recruits (Chayes, 2007: 22, and Woodrow Wilson Center, 2016: np, and Schirch as cited in Mertus and Helsing, 2009: 68).

Whether knowingly or not, every last player in the shadow economy has contributed to an encroaching threat against humanity and which serves as nothing short of a security threat multiplier. It is of epic and global proportions.

The 2014 Ebola crisis in West Africa provides an immediate example of how easily corruption might impact security on a global scale. UN donor contributions topping $5.2bn were dispersed to Sierra Leone, Liberia and Guinea.  Almost all of it vanished, and only a fraction of the disbursement was ever audited. ‘In all three countries, no individual has been tried, much less convicted, for their role in the mismanagement of money meant to save the lives of the dying’ (Al Jazeera, 2016: np.).  These funds were also intended to contain the outbreak and prevent its spread.  The UN’s Global Ebola Response data refers to the outbreak’s nature as having been of ‘widespread and intense transmission’ (UN, 2014: np). But to date, the myriad pages and resources on their website speak only of a level of need and the current status of the situation.  Their silence of the flagrant misappropriation of funds perpetuates impunity.  And such complicit behaviour could very well facilitate a new pandemic of Ebola or some other virus, which experts warn could be incredibly difficult, if not impossible, to halt if not contained early, and with the utmost care; care which could never result in the face of another round of missing but badly needs funds (Oxford Martin School, 2012: np).

Grand Corruption further impacts security by destabilising regions in concussive shock waves. As migrants flee corrupt regimes and insurgencies (again, simultaneously fostered by the shadow economy), we see communities decimated, resentments grow, borders close, and trust diminish. (BBCa 2015: np,). Actions originating thousands of miles away from Europe’s shores are now threatening the cohesiveness of European states and the long architected interdependence of the EU.   The Schengen Agreement is further threatened as once ceded sovereignty is being repossessed by politicians seeking to erect borders and control the influx of desperate people fleeing the regimes which grand corruption has enabled.

Finally, kleptocracy feeds the thickening of the crime-conflict nexus as human traffickers, arms dealers, and smugglers share mutually beneficial relationships with terrorists, insurgents and the ruling elite. The nexus will continue to thicken so long as the chaotic conditions and lack of governance resulting from unabated kleptocracy ensures the conditions favourable to its growth.  (see Patrick, 2009,  and Lacher, 2012, and McMullin, 2009, and Jesperson, 2015 and Sloan and Cockayne, 2011).

And it is for these reasons, and so many more, that we must strive to end impunity for grand corruption – and the shadow economy in which it thrives.   Such a task will require concerted, relentless multilateral efforts and incredible political will.  But it can, and must be done.

We can begin by seizing opportunity from the momentum gathering in the wake of the Panama Papers and the associated Unaoil scandals in current headlines.  We can further reach out across the international community and form inter-organisational working teams to apply pressure on host-countries, the Bretton Woods institutions, and home governments.   We can institute training programs which dispel the activities which remain shrouded in mystery but whose reality can be unpacked in simple terms.  But most of all, we must challenge the sovereignty of those countries who refuse to participate in fair trade and good governance – and we must have an international court with both the will and capacity to challenge the problem.  And that court must somehow operate separately from the arbitrary and political interests of the United Nations Permanent 5.

But it has to start. Impunity has to end. And accountability must follow. And never has there been a more pressing time.

Post-script

As a post-script to my previous position piece, I would like to gently assert that the International Community has understandably tolerated grand corruption in the theatres of peacekeeping and peacebuilding operations. The conditions in many of these theatres have necessitated that our precious resources be used first to protect lives and second to institute the ground-level security needed to maintain sufficient equilibrium from which to begin the long, hard institutionalisation of security sector reform, transitional justice, and micro-development projects.  But this too provides another reason why the solution to grand corruption requires an international effort outside the influence of the P5 (whose own members might be guilty of grand corruption or geopolitics).  We must seek a solution which can pre-empt the looting of banks and act independently of outside political agendas which might situate a vulnerable country between winning and losing scenarios as powerful countries battle for control by proxy. We need a solution which sends a clear signal to corrupt elites across the entire world, and not simply those situated in areas of conflict, that corruption will no longer be tolerated, nor paid for by blood of innocent people.  But we, the donor countries, must see to our own houses first.  We must ensure our hands are clean and that any authority we exercise is comprised of substance and never hollow in its nature. We must lead from the front, and from genuine experience.  But we simply cannot afford to turn away from this issue – at home or abroad.  People are dying by guns and by starvation; and they are dying by torture when taking action to stop the atrocity at hand while having inadequate support behind and beside them.  We must be that support.

References

Al Jazeera Media (2016) The plunder of west Africa Ebola funds. Available at: http://www.aljazeera.com/indepth/opinion/2016/01/plunder-west-africa-ebola-funds-160125140155872.html (Accessed: 6 April 2016).

BBC (2016) Migration and citizenship, start the week – BBC radio 4. Available at: http://www.bbc.co.uk/programmes/b06ybg7h (Accessed: 3 April 2016).

BBC (2016) Panama papers: What the documents reveal. Available at: http://www.bbc.com/news/world-35956055 (Accessed: 6 April 2016).

Barrington, R. (2016) ‘Spot the Difference: Corruption Research, Academies and NGOs’, British Academy: British Academy. pp. 1–7.

Carnegie Endowment for International Peace (2014) Corruption: The Unrecognized Threat to International Security. Available at: http://carnegieendowment.org/files/corruption_and_security.pdf (Accessed: 14 March 2015).

Chayes, S. (2007) ‘Days of Lies and Roses: Selling Out Afghanistan’, Boston Review, , pp. 21–23.

Foreign Policy (2015) In Nigeria, $2 Billion in Stolen Funds is Just a Drop in the Corruption Bucket. Available at: http://foreignpolicy.com/2015/11/18/in-nigeria-2-billion-in-stolen-funds-is-just-a-drop-in-the-corruption-bucket/ (Accessed: 20 November 2015).

Freedom House (2014) ‘Combating Impunity: Transnational Justice and Anti-Corruption’, Washington, DC: Freedom House. pp. 1–10.

Huffington Post (2016) Big Banks Aided Firm at Center of International Bribery Scandal. Available at: http://www.huffingtonpost.com/entry/unaoil-citibank-hsbc_us_56feba02e4b0daf53aefa1da (Accessed: 6 April 2016).

Huffington Post (2016) There’s A huge new corporate corruption scandal. Here’s why everyone should care. Available at: http://www.huffingtonpost.com/entry/unaoil-bribery-scandal-corruption_us_56fa2b06e4b014d3fe2408b9 (Accessed: 6 April 2016).

ICIJ (2016) Giant leak of offshore financial records exposes global array of crime and corruption. Available at: https://panamapapers.icij.org/20160403-panama-papers-global-overview.html (Accessed: 6 April 2016).

ICIJ (2016) The Panama papers. Available at: https://panamapapers.icij.org/ (Accessed: 6 April 2016).

Jesperson, S. (2015) ‘Development Engagement with Organized Crime: a Necessary Shift or Further Securitisation?’, Conflict, Security, & Development, 15(1), pp. 23–50.

Johnson, S. (2009) The Quiet Coup. Available at: http://www.theatlantic.com/magazine/archive/2009/05/the-quiet-coup/307364/ (Accessed: 6 April 2016).

Lacher, W. (2012) Organized Crime and Conflict in the Sahel-Sahara Region.

McMullin, J. (2009) ‘Organised Criminal Groups and Conflicts: The Nature and Consequences of Interdependence’, Civil Wars, 11(1), pp. 75–102.

Napoleoni, L. (2003) Modern Jihad: Tracing the Dollars Behind the Terror Networks. London: Pluto Press.

Oxfam International (2015) Richest 1% will own more than all the rest by 2016. Available at: https://www.oxfam.org/en/pressroom/pressreleases/2015-01-19/richest-1-will-own-more-all-rest-2016 (Accessed: 6 April 2016).

Oxford Martin School (2012) Pandemics – can we eliminate major worldwide epidemics? | videos. Available at: http://www.oxfordmartin.ox.ac.uk/videos/view/208 (Accessed: 4 April 2016).

Patrick, S. (2011) Weak Links: Fragile States, Global Threats, and International Security. Oxford: Oxford University Press.

Reuters (2015) Egypt’s high court overturns last conviction against Mubarak. Available at: http://www.reuters.com/article/us-egypt-mubarak-idUSKBN0KM0O620150113 (Accessed: 6 April 2016).

Schirch, L. (2006) Human Rights & Conflict: Exploring the Links between Rights, Law, and Peacebuilding. Edited by Julie A Mertus and Jeffrey W Helsing. Washington, DC: United States Institute of Peace.

Sloan, B. and Cockayne, J. (2011) ‘Terrorism, Crime, and Conflict: Exploiting the Differences Among Transnational Threats?’, Policy Brief, , pp. 1–11.

Transparency International (2008) ‘Human Rights and Corruption’, Working Paper, 05, pp. 1–6.

United Nations (2014) Global Ebola crisis response | data. Available at: http://www.un.org/ebolaresponse/data.shtml (Accessed: 6 April 2016).

Wolf, M.L. (2014) ‘The Case for an International Anti-Corruption Court’, Governance Studies at Brookings, July, pp. 1–15.

Woodrow Wilson Center (2016) Combatting grand corruption internationally. Available at: https://www.youtube.com/watch?v=GN6HDEgiSc8 (Accessed: 6 April 2016).

Cyber Warfare – Olivier Dubois

Surprisingly enough, the SCID program is relatively silent on cyber warfare. It is briefly referred to in relation with the so-called new terrorism: terrorist groups would have the ability to carry out ‘electronic terrorist attack targeting critical infrastructure’ (Department of Criminology, 2013). This is a very narrow part of what constitutes nowadays cyber warfare and by no means does it capture the stakes of the current cyber arm race.

As with many new concepts, there is no universal accepted definition of the term. Most definitions underline the use of computers and digital means in a coordinated manner by a government or a non-state group with a purpose of causing disruption and/or damage (Sakharian, 2013; Andress, 2013). The target of a cyberwar is computers, networks and digitally controlled devices. If the objective may not be destructing physical infrastructure or killing people, the impacts of cyber operations cannot be contained to the digital world. It is not solely about offering a bloodless military superiority or an economic advantage (Kirsch, 2012). To the contrary, the US department of defence’s Laws of War manual (DoD, 2015) is explicit in recognising that certain cyber operation do constitute use of force in the meaning of Art. 2 § 4 of the UN charter. It cites Operations ‘ that: (1) trigger a nuclear plant meltdown; (2) open a dam above a populated area, causing destruction; or (3) disable air traffic control services, resulting in airplane crashes’ (DoD, 2015: 989). It is reported that more than 100 States are developing some forms of cyberwar capacity (Limnell, 2016).

As in our daily lives, the frontier between the digital and physical world is increasingly becoming difficult to identify. Cyber operations are equally challenging legal and policy boundaries. From a legal standpoint, the fact that a major military power like USA explicitly consider that cyber operations are submitted to both Jus ad Bellum and Jus in Bello (IHL) does not solve everything. Recognising a cyber operation as an act of war is important as it may influence the type of counter measure the victims may consider. It may as well contain policy makers in taking aggressive actions (Lin 2012). However, this restraining frame may be completely ineffective as the imputability or the attribution of a cyber operation to its perpetrator remains extremely difficult (Dortmans 2015, Lin 2012). As a result, waging an cyber attack is extremely low-cost and risk-free compared to the pay off (Limnell, 2016). States have still to learn to operate an adapted range of countermeasures to cyber attack in avoiding to make mistake that could jeopardise their political credit or cause an unwanted escalation in the conflict (Limnell, 2016). The danger of unwanted escalation is real. As a technological arm race is ongoing, states have little time to properly assess the effect of the arsenal and could be nevertheless tempted to unleash it.

The layers are at a loss. Applying IHL rules on the conduct of hostilities to cyber attack is thus extremely difficult and efforts of experts who have proposed to NATO the Tallinn Manual on the International Law applicable to Cyber Warfare is not entirely convincing (Schmitt, 2013). In the absence of precise knowledge on the offensive capacities of cyber weapons, it is very difficult to operationalise and respect the principles of distinction, proportionality and precautions (Droege, 2012). There is an urgent need for a new treaty banning certain cyber weapons and/or creating new regulatory and surveillance authority such as the one existing for chemical weapons or for atomic energy.

Political scientists are at bay, too. Policy framework and guidance have to be adapted to this new reality to ensure that cyberspace is not transformed in a wild battlefield. Regional or collective early warning system for aggressive cyber activity are inexistent. Cybersecurity and cyber warfare are ‘team sport’ where international cooperation is key. Old times alliances created for responding to threats in the physical world need to be shaken up to meet the challenge. International commission of investigation or international fact-finding missions on alleged cyber warfare activities are yet to be created or even suggested in the corridors of New York. Is it so utopian to imagine negotiating cyber cease-fire and mandating cyber observers, to be nicknamed the “Blue Tablets”, as modern peacekeepers for monitoring it? The new wars of the nineties have shaken the whole approach to peacebuilding. Cyber warfare offers a similar shift of paradigm. Let us not wait a ‘Cyber-Srebrenica’. Let us prevent it by thinking and acting out of the box now.

References

Andress, J. (2013) Cyber Warfare Techniques, Tactics and Tools for Security Practitioners, 2nd ed., Burlington: Elsevier Science.

Department of Criminology (2013), SCID module 6 Unit 3, Resource 1, Leicester: University of Leicester.

Department of Defence (2015) Law of War Manual, Washington DC: Department of Defence, available at http://www.defense.gov/Portals/1/Documents/DoD_Law_of_War_Manual-June_2015_Updated_May_2016.pdf (last accessed 21 September 2016).

Dortmans, P., Thakur, N. and Ween, A. (2015) ‘Conjectures for framing cyberwarfare’ Defense & Security Analysis 31(3): 172-184.

Droege, C. (2012) ‘Get off my cloud: cyber warfare, international humanitarian law, and the protection of civilians’ International Review Of The Red Cross 94(886): 533-578.

Kirsch, C. (2012) ‘Science fiction no more: cyber warfare and the United States’ Denver Journal of International Law and Policy 40(4): 620-686.

Limnéll, J. (2016) ‘The cyber arms race is accelerating- what are the consequences?’ Journal of Cyber Policy, (1)1: 50-60.

Lin, H. (2012) ‘Cyber conflict and international humanitarian law’ International Review of the Red Cross, 94(886): 515-531.

Shakarian, P. (2013) Introduction to Cyber-Warfare A Multidisciplinary Approach, Burlington: Elsevier Science.

Schmitt, M. (2013) Tallinn manual on the international law applicable to cyber warfare. Cambridge: Cambridge University Press.

Human Rights based Counter Terrorism Strategy – Mark Dixon

There is a compelling argument to revise the prevailing Counter Terrorism (CT) strategies in order to move away from ones that undermine Human Rights (HR). The Institute for Economics and Peace Global Terrorism Index (GTI) (2016) reports fatalities from terrorist attacks have increased nine fold since 2000, arguably impacting on the pre text of counter terrorism (CT) strategies of many countries. The GTI also highlights 78% of all terrorist attack fatalities occur in five countries namely Iraq, Nigeria, Afghanistan, Pakistan and Syria with only 2.6% occurring in the West. Despite the realities of the terrorist threat in the West we have witnessed increases in CT budget’s and strategies that undermine HR. This has lead to criticisms of both military action in Afghanistan and other locations and domestic legislation in many Western countries. An example of controversial legislation would be the control order provisions of the UK Prevention of Terrorism Act (2005), which was later repealed. Walker (2007) suggesting whilst such UK legislation was an attempt to fulfil a duty to protect, significant elements of the UK CT legislative framework was constitutionally deficient, lacking accountability and breaching HR.

President Obama’s Executive Order 13491 (2009) banning the U.S. government’s use of torture was also a rebuke to the Bush administration policies following the 9/11 attacks which authorised the use of ‘enhanced interrogation techniques’. The Senate Select Committee on Intelligence (SCCI) (2014) reporting the CIA’s interrogation program had not produced unique or valuable intelligence, this was immediately countered by ex CIA officials by means of the CIA Saved Lives (2014) web site on which it was stated the interrogation program had disrupted terrorist plots. However, both parties’ arguments focus on the validity of the tactic being dependant on the veracity of the information obtained, completely ignoring the human, legal and social consequences of torture. The reality is increases in budgets, militarised activity, legislative enactments allowing breaches of HR, and other gross breaches of HR in the name of CT has not reduced the threat level. Schulz (2001) suggests any CT policy that does not respect HR is counter productive, advocating not only is a HR orientated CT strategy morally correct but would be more affective than the prevailing approach.

It would be argued Western CT strategies have focused on quick fix operational aims rather than strategic impact. As a result the impact on; the trajectory of the ‘war on terror’, inciting further extremism, the relationship between the US its allies and the wider Islamic global population, the West’s ability to legitimately promote democracy, human rights globally and security in post conflict or fragile states have not been considered. Western governments have failed to understand ideologies that manifest, as terrorism created as a consequence of real or perceived injustices cannot be resolved using traditional military interventions. A HR centred CT approach would be better equipped to challenge the ideologies that fuel terrorism across the globe. It is an understanding of political, social and economic grievances and an acknowledgement that not all terrorists or terrorist motivations are the same that is the key to undermining terrorism.

A starting point when considering a HR approach to CT would be HR are not a luxury we can enjoy during times of peace. Paust (2006) argues CT strategies that impact on civil liberties and limit democracy do more damage to HR than the acts of terrorism they seek to prevent. He cites the use of collective punishment tactics by Israeli authorities against families when one family member is allegedly involved in terrorist acts. He argues not only has this done nothing to reduce Palestinian terrorist attacks but has provided opportunity for those supporting violence to promote and reinforce their ideologies. It would be suggested CT strategies that have a human security focus based on HR principles rather than that of national security, would be better equipped to tackle the causes of terrorism. Whilst it is not being suggested attack planning plots should be ignored CT strategies that focuses exclusively on the violent outcomes of terrorist acts will have little success in reducing the threat as the grievances that drive the ideologies remain. This is a view held by the former head of the British Security Service, Baroness Manningham-Buller, (2011) who suggests states should seek political solutions and reconciliation in the context of terrorism as foreign policy directly affects conciliation efforts. She adds it is her belief that the UK involvement in the invasion of both Iraq and Afghanistan contributed to the radicalisation of some UK citizens and did little to assist the security of the UK.

HR based CT strategies need to be coordinated transnationally and delivered with international consensus. They need to mobilise and engender national and international support, with particular emphasis in those areas of the globe that are disproportionately affected by terrorism. They should also support the advancement of international law and HR thus in turn promoting peace, security, and the rule of law globally particular within post conflict environments and locations experiencing fragile governance. This would encourage and enhance democracy and provide the supporting conditions needed for a reduction in the grievances that manifest as terrorism and promote effective conflict transformation and state building.

Post Script

In the immediate aftermath of 9/11 the Bush administration quickly framed the issues within the context of a ‘war on terror’ inferring some form of end game with winners and losers. This view failed to acknowledge terrorism itself is a tactic that can be potentially undermined or reduced but not eradicated. The response from the West was to adopt tactics suited to conventional military activity, leaving little space for any assessment of the grievances or motivations that was being represented through violent terrorist acts. The absence of any meaningful assessment exploring the broader implications of CT strategies that undermine HR resulting in a continuation of the prevailing attitudes.

Those who advocated human rights should not take precedents over the need to prevent terrorist attacks have opposed any debate suggesting the strategy adopted was an overreaction that could create social and political tensions and increase opportunities for radicalisation. This resulted in the absence of any meaningful dialogue and assessment of how a HR based approach to CT would be complementary to the ultimate aim of making people safe.

In the post 9/11 era immediate media reporting and globalisation has fuelled the popular misconception that international terrorism is one of the major threats to the West. However according to the World Economic Forum (2016) terrorism has not featured as a top ten global threat during the last ten years of reporting. Yet governments have chosen the option of immediate action focusing on operational aims rather than strategic outcomes. As a consequence we have seen a lack of international consensus and coordination in joint CT strategies that address the drivers of terrorism with emphasis rather on joint enforcement/military operations. Partnership working at an international level has been further complicated when considering that sovereign states have primary responsibility to protect their own citizens and combat terrorism in their county. However, when countries appear unwilling or unable to deliver against this and the threat posed is transnational in nature, challenges exist to both the international community and individual states in considering thresholds for intervention. The favoured option in these circumstances being military interventions for the purposes of expediency and short term gains.

References

Manningham-Buller, E. (2011) BCC Freedom, Securing Freedom: 2011 (episode 5), The Reith Lectures, London: BBC (44 mins) [online] available at http://www.bbc.co.uk/programmes/b014pxnq (accessed on 19/07/2016).

CIA Saved Lives (2014) [online] available at https://ciasavedlives.com (accessed on 08/09/2016).

Institute for Economics and Peace (2016) Global Terrorism Index 2015 [online] available at http://economicsandpeace.org/wp-content/uploads/2015/11/Global-Terrorism-Index-2015.pdf (accessed on 14/08/2016).

Paust J, J. (2006) ‘Human Rights, Terrorism and Efforts to Combat Terrorism’ in: J. Mertus and J. Helsing (eds.). Human Rights and Conflict. Exploring the Links between Rights, Law and Peacebuilding. Washington DC: United States Institute of Peace Press.

Senate Select Committee on Intelligence (SCCI) (2014) Study on CIA Detention and Interrogation Program [online] available at http://www.feinstein.senate.gov/public/index.cfm/senate-intelligence-committee-study-on-cia-detention-and-interrogation-program (accessed on 08/09/2016).

Schulz, W, F. (2001) In Our Own Interest: How Defending Human Rights Benefits Us All, Boston: Beacon Press.

The National Archives UK Legislation (2005) Prevention of Terrorism Act (2005) [online] available at http://www.legislation.gov.uk/ukpga/2005/2/contents (accessed on 14/08/2016).

The White House President Barack Obama (2009) [online] available at Executive Order 13491 — Ensuring Lawful Interrogations https://www.whitehouse.gov/the-press-office/ensuring-lawful-interrogations (accessed on 09/09/2016).

Walker, C. (2007) ‘Keeping control of terrorists without losing control of constitutionalism’, Stanford Law Review, 59(5): 1395.

World Economic Forum (2016) Insight Report Global Risks 2016, 11th Edition, Geneva: World Economic Forum, [online] available at http://www3.weforum.org/docs/GRR/WEF_GRR16.pdf (accessed on 30/06/2016).

Afghanistan’s Endemic Corruption – Iain Blackwood

The author has elected out of all the subject matter taught on the Security, Conflict and International Development course to discuss ‘corruption’. Although the subject matter is discussed, the author has first hand experience of corruption, which other individuals who work in conflict zones will undoubtedly have experience of and will have to contend with.  As the author has been working and living in Afghanistan for a number of years and has experienced corruption in his daily business dealings and within his own organisation, which diverted funds allocated in assisting Afghanistans humanitarian needs.  Furthermore, corruption within Afghanistan is not only a problem but is happening on endemic proportions and is not just limited to the capital Kabul, but reaches every element of Afghan society.

To give an indication of how endemic corruption is within Afghanistan, the 2015 Asia foundation report, reported that the local Afghan population sees corruption as inescapable, which they encounter daily, and 89.9 percent of Afghans reporting corruption as thee foremost problem in their day-to-day lives and 91.2 percent, when dealing with varying levels of the Afghan government (Asia Foundation, 2015).  These high levels of corruption in the daily lives of the Afghan peoples can be seen as further exacerbating an already troubled emerging fragile state and the newly formed Afghan government it appears has done little in the way of countering the endemic proportions of corruption within Afghanistan.

Corruption in Afghanistan can be all encompassing and encountered in various forms from the man in the street buying bread, to prices being inflated to include extra charges to fuel prices, or government officials wanting their share of the price of registering an Armoured vehicle. Although some of the added fees may be insignificant in size and terms of profit margins, this is corruption and certainly, the sums being asked by Government officials are large and often blatant corruption.  This occurs to local Afghans and International actors and Non-Governmental Organisations (NGOs), alike.  Higher costs are incurred for International organisations as well as local Afghans but Internationals are perceived as being rich and capable of handing over ‘Baksheesh’ a bribe; to officials in order bypass the myriad rules and regulations, get paper work signed and officiated.

According to Transparency International (2015), Afghanistan is ranked 166 out of 168 and third worst country in the world for corruption. Therefore, corruption may emerge from necessity because of low wages or from the lack of education or just a way of Afghan life.  However, corruption is a way of life in Afghanistan and as previously mentioned encountered daily.  Although there have only been a handful of high profile prosecutions over the past decade these have principally involved money laundering through the  ‘hawala’ transfer system, which is an unofficial money system used to transfer proceeds both monetary and physical goods through normal merchant transactions to laundering the proceeds from Afghanistans pervasive opium industry (Ahmed, 2016).  Money laundering through the informal ‘hawala’ black market money transfer system is a major contributing factor in supporting criminality (Maimbo, 2003). This criminality within Afghanistan can further exacerbate an already fragile emerging failed state such as Afghanistan.  It is also known that criminal networks thrive in fragile and conflict states due to the disorganization of state infrastructures as well as other internal and external state dysfunction.  Still the Afghan government has done little prior to the election of Ashraf Ghani in cracking down and where clear cases of corruption have come to light, few cases have been investigated or prosecutions followed (FinTRACA, 2016). This is caused by a number of factors including complicit officials; weak financial polices, a weak government, which lacks both the expertise and will power to enforce its policies and follow through with its prosecution mechanisms Singh, (2015).

Additionally, according to Ashraf Ghani, criminal networks ‘often use formal government positions to promote criminal networks, as a result of which government offices degenerate into little more than a springboard for organized looting’, (Ghani and Lockhart, 2009: 80). To fight corruption it is necessary to initiate and populate educational elimination and reduction strategies together with new broad reaching law-enforcement measures, which would be considered a positive step, forward in fighting Afghanistan’s ongoing corruption and educating its population as to the harm corruption does. However in order to achieve its aims in crime reduction it also has to consider it conflict reduction programmes as crime and conflict go hand in hand in failed states. Although this is a tall order considering its curent unstable political climate and ongoing current counter insurgency (Banfield, 2014).

Postscript

Corruption is a human condition based on personal choice, coercion or group dynamics and has been recorded as far back as biblical times. Public officials have abused their offices for personal gain while populations have taken advantage by corrupting those holding power.  Corruption persists in countries that are susceptible to crime through weak and failed systems and ongoing conflicts where procedures and policies are lacking or do not exist.  It is therefore difficult to respond and prosecute offenders; this in part may be due to the fact that individuals lack the motivation to follow though investigations, or due to the Afghan judicial system having a entrenched corruption problem.

To counter corruption, anti-corruption measures must be embedded within institutions and organisations must be held accountable to higher offices. To do this simple crime reduction measures can be emplaced to deter individuals or groups of attempting to commit corruption, through such measures of having monitoring systems in place, greater transparency which may deter corruption, more surveillance and internal checks and greater prosecution and investigative checks.

Yet, these measures can also be implemented and adjusted to fit the means and the contextual factors involved. For example, greater monitoring, transparency, and internal checks could lead to those individuals in offices of importance to resist such measures for fear of revealing further malpractices of office or position.  Additionally, only when normal anti-corruption practices are in place and individuals are willing to work within these practices can crime reduction measures and campaigns be successful and ultimately eradicate the problem, however in Afghanistans case that may take some time yet due to the pervasiveness of it.

References

Ahmed, J. (2016) ‘Dirty Money in Afghanistan: How Kabul is Cleaning up the Illicit Economy’, Foreign Affairs, avaialable at https://www.foreignaffairs.com/articles/afghanistan/2016-09-07/dirty-money-afghanistan, (accessed 24th September 2016).

Asia Foundation (2015) ‘Afghanistan in 2015: A Survey of the Afghan People’, San Francisco: Asia Foundation.

FinTRACA (2016) Financial Transactions and Reports Analysis Center of Afghanistan (FinTRACA): Home Page, avaialable at http://www.fintraca.gov.af, (accessed 24th September 2016).

Ghani, A. and Lockhart, C. (2009) Fixing Failed States: A Framework for Rebuilding a Fractured World, Oxford: Oxford University Press.

High Office for Oversight and Anti-corruption (2016) Anti-Corruption Laws & Strategy, available at http://anti-corruption.gov.af/en/page/8477, (accessed 24th September 2016).

Maimbo, S. M. (2003) ‘The Money Exchange Dealers of Kabul: A Study of the Hawala System in Afghanistan’, World Bank Working Paper Series; No: 13, Washington, DC: World Bank, available at http://documents.worldbank.org/curated/en/335241467990983523/The-money-exchange-dealers-of-Kabul-a-study-of-the-Hawala-system-in-Afghanistan, (accessed 24th September 2016).

Patrick, S. (2011) Weak Links: Fragile States, Global Threats, and International Security, New York: Oxford University Press.

Singh, D. (2015) ‘Explaining varieties of corruption in the Afghan Justice Sector’, Journal of Intervention and Statebuilding, 9:(2): 231-255.

Transparency International (2015) Corruption Perception Index 2015, avaialable at http://www.transparency.org/cpi2015#results-table, (accessed 24th September 2016).

Addressing current security threats through intelligence-led peacekeeping – Celine Demeyer

In the context of rapidly changing context and the growing number of actors involved in the security sector, harmonising international responses will be paramount to stabilising countries facing security various and complex security threats. The end of the Cold War brought along a new set of challenges for peacekeeping. In this context, the Brahimi report (UN, 2000) advocated for wider peacekeeping mandates allowing missions to better address a large range of challenges on the ground. The different nature of conflicts now requires an understanding of a range of conflict drivers, including political, security and socio- economic ones. This poses serious challenges for peacekeeping missions in terms of information- gathering and necessitates structural reform.

In order to effectively contribute to stabilisation in the context of civil wars, terrorism and other complex security threats such as transnational organised crime and terrorism, UN peacekeeping operations should adopt an intelligence- led methodology. The need for such a capability is recognised and has been reflected in various structural changes implemented within a larger UN peacekeeping reform, including the establishment of a Joint Mission Analysis Centre (JMAC) and a Joint Operations Centre (JOC) to conduct information gathering using military, police and civilian sources (UN, 2016).

While this has been an important step, various challenges remain. The objectives of intelligence activities should for example be more clearly defined. Contrary to purely military operations, intelligence in peacekeeping should aim at a political settlement conflicts, requiring information relating to a broad range of conflict drivers and thus necessitates a human resources capacity combining military and civilian competencies. Secondly, relevant and useful information can only be gathered when done in a structured manner and respecting ethical limitations. Standard operating procedures and organisational structures should therefore be established, allowing military, civilian and police components to contribute to intelligence gathering. Also in this regard, information systems should be implemented that can allow for secure storage and transmission of data as well as to improve their analysis. Once such a capacity is established operating procedures should be established to allow sharing of analysis with the relevant mission components and other decision makers (Abilova and Novosseloff, 2016).

In the framework of upcoming discussions with member states on the development of a policy framework it is recommended that existing initiatives such as the All Source Information Fusion Unit (ASIFU), established within the UN Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), should be analysed in a detailed manner and a lessons learned document presented to the member states for further discussion. Such a discussion should serve a twofold purpose. First, it should contribute to raising awareness among reluctant member states to grant sufficiently strong mandates to peacekeeping missions in order to allow them to deploy an adequate intelligence capacity tailored to a changing security environment and second, it should contribute to capitalising on existing knowledge as well as to mobilise member states to provide human and financial resources as well as technical expertise to further develop such a system.

Postscript:

From the start the term “intelligence” has been controversial as it is essentially opposed to the open and transparent nature of the UN and its work, leading to a quasi- avoidance of the term by the organisation. The problem is thus in essence one of confidentiality, as the UN is supposed to act as a neutral actor in conflict resolution. In addition, the issue of multilateralism versus unilateralism and thus the existence of political interests of certain UN member states prevents and will continue to prevent the development of a robust intelligence and information- sharing capability for UN Peacekeeping Operations (Diaz, 2007). On the operational level, the reluctance of states to contribute troops has led to low levels of expertise on the ground. There have however been a few exceptions, such as the case of MINUSMA where European countries in particular are providing expertise to enhance the information collection capacity of the mission. This is however the result of the interest of those countries in stabilising the Sahel region as it poses an indirect security threat to Europe, rather than a willingness to strengthen UN intelligence capacity in general.

Sources:

Abilova, O. and Novosseloff, A. (2016). Demystifying Intelligence in UN Peace Operations: Toward an Organizational Doctrine. Available at: https://www.ipinst.org/2016/07/demystifying-intelligence-in-un-peace-ops (Accessed on 15 September 2016).

Diaz, G. (2007). Intelligence at the United Nations for peace operations. UNISCI Discussion Papers, 13. Available at: https://www.ucm.es/data/cont/media/www/pag-72528/Gustavo13a.pdf (Accessed on 15 September 2016).

Karlsrud, J. and Smith, A. (2015). Europe’s Return to UN Peacekeeping in Africa? Lessons from Mali. Available at: http://www.ipinst.org/2015/07/europes-return-to-un-peacekeeping-in-africa-lessons-from-mali. (Accessed on 15 September 2016).

UN (2000). Report of the Panel on UN Peace operations (Brahimi report), A/55/305-S/2000/809. New York: United Nations.

UN (2016). Reform of peacekeeping. Available at: http://www.un.org/en/peacekeeping/operations/reform.shtml (Accessed on 15 September 2016).