ARMED CONFLICT
INTERSTATE CONFLICT - is military conflict in which at least one participant is a 'qualified member of the intrastate system'
INTRASTATE CONFLICT - is military conflict internal to a state (i.e. Civil or societal warfare) (can be fighting against a non-state actor, e.g. terrorism)
CAUSES
THE NOTION OF JUST WAR
METHODS
CAUSES
RESPONSES
RESOLVING
Democratic Peace Theory: Suggests that democratic states are less likely to enter conflict because of respect for individual rights, non-violent resolutions, and domestic restrictions on commitment to war
Economic Development: Suggests states are less likely to enter conflict because of economic interdependence. High GDP per capita corresponds with low risk of conflict.
Nationalism and Public Opinion: The idea that the sentiments of a state's citizens can push it toward or away from conflict (or be used by a government to justify action)
Clash of Civilisations: Suggests the root of conflict is cultural, to economic or ideological. Since we haven't got to the point where everyone is a democracy there is a clash of cultures, exiting cultures in the world that haven't turned are incompatible with democracy and therefore the two groups will come into conflict.
War as an instrument of state policy: States may use as a foreign policy instrument to influence another actors' actions; to deter a behaviour, defend territory, or compel a particular response
War as a diversion: The suggestion that leaders may use war to distract public opinion away from politically damaging issues. (mostly conspiracy theories)
Proportional response and a legitimate cause of war
Jus ad Bellum: Just imitation of war/ justice in starting war
Just cause, i.e. Self-Defence
Legitimate authority - using military not terrorist organisations
Intensions of restraint, and willingness to accept peace when aims of war complete
Publicly declared reasons for war, and conditions for its end (ensures justice)
Every other option has been explored, and war is the last resort, e.g. tried diplomacy and economic sanctions
Reasonable chance of success
Jus in Bello: fair conduct in war
Non-combatants cannot be targeted. (civilians, registered non-combatant, e.g. Army Chaplin or medic)
Proportionally; minimum force needed to achieve objectives must be used, similar idea to constraint
Diplomacy and Negotiation
Peacekeeping
Primary method of conflict resolution between states
Ambassador and embassy system used to communicate between states
Can take many different forms, through UN and between the states directly or through a third or fourth party
May involve a third party intermediary where conflict between states already exists
Under the jurisdiction of the UNSC
States myst agree for troops to come in
Troops have a strict mandate and will not do anything from outside the rules or the state can withdraw consent and leave
Intervention and Occupation:
Intervention ranges from low coercion methods (speeches, economic aid) to highly coercive methods (supply of arms, military invasion)
Occupation violates sovereignty, is unpopular with domestic populations, and draws criticism (and even violent resistance) against the occupying state
Complicated: How much money willing to sacrifice, how many civilians willing to let die, how many of your own civilians in danger?
Economics
There is an economically disadvantaged group
Very rich compared to very poor - poor will feel excluded from society in some way and the only resolution is violence
Environment
Access to environmental resources (water), environmental destruction, farmland dispute
Ethnicity
Different ethnic backgrounds (including religion) may feel excluded from society
Justice Seeking
People feel the only way to get justice is through violence
Social Identity Theory
Different ways of identifying yourself from others that does not fit into other categories
Security
People feel/ be physically threatened by their government or another group in society
Sovereignty causes great difficulties in responding to intrastate conflict
Intervention needs to be requested by state
Responsibility to protect
The causes of the conflict can make responding difficult
Would armed intervention work? Mediation?
Importance of prosecuting war crimes as a response to conflict
Deterrence
Justice
Breaking the cycle of violence
No "One Size Fits All" approach
intrastate conflicts more likely to be resolved by destruction or surrender of the losing side
Difficulties of negotiating with different armed groups
PROSECUTING WAR CRIMES IN INTERNATIONAL LAW
Successful Case
For intervention to be successful, it requires military occupation
The ICC so far has only successfully prosecuted 4 individuals and prosecuted a further 3 individuals for obstructing justice
Thomas Lubanga Dylio
War lord from the Democratic Republic of Congo
Arrested on charges of war crimes (Article 8 of Rome Statute) in 2006 (accused of enlisting child soldiers)
Trial began 26th of January 2009
Convicted on the charge of war crimes March 2012
Sentenced to 14 years imprisonment
Currently imprisoned in Congo
The ICC has a high standard of proof required to prove a case that can take years for the prosecution to gather. There is also often not many victims alive or willing to speak out against the crimes and eliminating a single leader in a crime does not deter the crime.
Jurisdiction
Genocide is the deliberate killing of a large group of people, especially those of a particular nation or ethnic group
A war crime is an act carried out during the conduct of war that violates accepted international rules of war.
The rules of war are set out in the Geneva Convention with the aim of minimising the amount of unnecessary suffering on the battlefield
A crime against humanity is a widespread or systematic attack against a civilian population that can include murder, rape and/or enslavement
A crime of aggression is the planning, preparation, initiation or execution by a person in a leadership position of an act of aggression
Limitations
For the ICC to proceed with a prosecution, at least one of the following must occur:
The accused must be a national of a state party to the Rome Statute
The alleged crime must have occurred on the territory of a State Party
A situation in a non-member state is referred to the Court by the UN Security Council
A state not party to the Rome Statute accepts the ICC's jurisdiction