Regulation of armed conflict: critical comparativism

Abstract

This paper calls for comparative analysis of international humanitarian law and Islamic laws regulating armed conflict by focusing on the underlying assumptions and interests informing both systems (rather than on rule-based comparison). It argues that examination of the biases inherent to each legal system can potentially inform scholars to understand better the paradigms shaping each of them. In doing so, the paper builds on contextual and critical interpretations of both fields of law to assert the need for ‘critical comparativism’ rather than functionalist comparativism. Unlike functionalist comparativism, which treats international law as the ‘objective’ benchmark against which other legal traditions are measured, ‘critical comparativism’ treats the two legal systems examined as alternative manifestations of power structures which, when contrasted against each other, help shed more light on the inherent bias in each legal system.     

The composite approach: Research design in the context of war and armed conflict

Researching in contexts affected by armed conflict presents many challenges beyond those normally encountered by social scientists. Focusing on these special difficulties has, in the past, often obstructed the task of understanding the methods that are applicable to situations of armed conflict. This paper aims to suggest a means of rectification. First, it introduces some of the particular issues that relate to field research under conditions of armed conflict and, second, it suggests a possible strategic approach to mitigating these. Overall, it is argued that a creative combination of different methods and techniques, broadly termed 'the composite approach', represents the most effective way of dealing with the challenges that working in a conflict-affected situation presents.     

Children and armed conflict: looking at the future and learning from the past

Children are currently being recruited to an increasing extent by armed groups, assuming both ancillary and combat roles. Academic research on this phenomenon has grown in scope over the last few years. However, the current research lacks a comparative perspective. As a result, we presently have a very restricted perspective of the state of the art on the subject of child soldiering, making it difficult to recognise research areas that urgently require further investigation. The ambition of this article is twofold: first, to explore the existing state of child soldier studies across disciplines, and second, to encourage potential research by highlighting three relatively underdeveloped research areas.     

The relationship between human trafficking and child recruitment in the Colombian armed conflict

The article rethinks the relationship between human trafficking as organised crime and child recruitment as a war crime. After analysing the records of 132 cases of child and adolescent recruitment brought before Colombia’s ordinary justice system between 2008 and 2016, it became clear that the youngsters involved had performed activities both directly and indirectly related to the conflict, but also that they had been exploited and maltreated, with no control over their situation. Reassessment of the relationship between human trafficking and child recruitment could result in more effective justice for this population by shedding light on alternate ways to construct reparation and reintegration.     

Managerial capacity in conflict environments: Management effects of private military and security companies in Iraq

An enduring challenge of public administration research is examining whether public management affects the delivery of public policy results. This study extends managerial influence to include public policy delivery in an active conflict environment. Individual manager training is critical in conflict environments because limited bureaucratic capacity and general environmental confusion are common. Organizations under stress use substitute managers. We argue that substitute managers' effectiveness is conditioned by two factors: managerial capability and networking capability. We examine substitute managers in a unique context, the US–Iraq War. Managers coordinated private military and security companies (PMSCs) to provide coalition forces and the civilian population with multiple services. We argue that managers with prior management experience and network capability are more effective substitute managers. The results suggest that managers with prior experience and networking capability are associated with decreases in civilian casualties. The results provide important policy insights into public management and defence policy.     

Oil abundance and violent political conflict: A critical assessment

This paper addresses one of the empirical claims of the ‘resource curse’ argument, namely that oil abundance raises the probability of political violence. I argue that the two main theoretical premises of the oil-civil-war link, rent-seeking and the rentier state model, fail to provide a convincing argument as to why oil economies are more vulnerable to the onset of civil war. I find that three often-mentioned mechanisms as to why oil economies succumb to political violence not convincing; that oil economies are poor economic performers; that oil economies generate high corruption; and that oil economies tend to produce authoritarian regimes. I also examine the empirical evidence on the oil-civil-war link and conclude that the results are not robust. I conclude with some policy implications.     

Learning peace (and conflict): the role of primary learning materials in peacebuilding in post-war Afghanistan,South Sudan and Sri Lanka

Post-war education is usually considered a positive contributor to peacebuilding; however, it can also reinforce divisive perspectives. Textbooks and learning materials can be instrumental in maintaining or exacerbating existing inequalities. This paper uses case study literature reviews of Afghanistan, South Sudan and Sri Lanka to explore the ways in which primary learning materials extend existing challenges of post-war education and potentially create new ones. An analysis of the literature on learning materials from these countries reveals that textbook development and uses are intertwined with larger national and international political and social power structures. We draw from Bourdieu and Giroux to consider how learning materials contribute to the reproduction of cultures of hostility, violence, divisiveness and silence or to transformatory cultures of peacebuilding, inclusivity and critical thought. Our resulting conceptual lens highlights how education can take on the role of being a victim, accomplice or transformer of conflict – roles that are often overlapping. Each case study country is taking steps towards peacebuilding through their primary learning materials; however, there are many elements of the textbook design, development, production and distribution process in each country that also reinforce contributing factors for conflict.     

Sexual violence in armed conflicts: research progress and remaining gaps

Research on conflict-related sexual violence (CRSV) has grown rapidly over the last decade. This article consolidates existing social science research on CSRV according to two lines of inquiry: its causes and its consequences. Overall, research has considerably advanced our knowledge of the causes of CRSV, particularly in four aspects: purpose, context, individual motives and intra-group dynamics. However, there is a need to better understand the societal consequences of CRSV, in particular how it affects relations in families, and within and between communities. Overall there remains a shortage of empirical, in particular mixed-method, designs to produce research which is relevant for policymakers and practitioners.     

The armed struggle and underground intelligence: An overview

This comparative analysis of the dynamics of underground, revolutionary intelligence is based on a generation of analytical association with recent and continuing armed struggles. It is a first effort to depict the unconventional nature of intelligence in an illicit and covert world that is not merely the mirror image of orthodox practice. It is mainly a discussion of strategic and tactical aspects, their structure, focus, and role, as well as special factors such as counterintelligence and heresy, prisoners and foreign contacts. Underground, these are in great part shaped by the aspirations and ideals of the rebels as well as by the special conditions that assure inefficiency in return for cover. The article is, then, a preliminary, general analysis of a largely neglected aspect of unconventional conflict.     

Imperialism and Resistance: Canadian mining companies in Latin America

David Harvey's concept of accumulation by dispossession is a useful framework for understanding the predatory activities of Canadian mining companies in Latin America. Capitalist imperialism is rooted in the logic of a socioeconomic system that is driven by the competitive pursuit of profit based on the exploitation of labour, and which is prone to over-accumulation. Capital, backed by state power, pursues a spatial fix to resolve the systematic crisis of over-accumulation. The creation of new spaces of accumulation is not an innocuous process; it inevitably involves the forceful and violent reorganisation of peoples' lives as they are subordinated to the whims of capital. Strategies of accumulation by dispossession by capital therefore commonly spawn popular resistance from the affected communities. The Canadian mining industry is the largest in the world, and much of its outward investment targets Latin America. The Canadian company share of the larger company exploration market in Latin America (and the Caribbean) has grown steadily since the early 1990s, up to 35% by 2004, the largest by far among all its competitors, with seven Canadian companies among the top 20 mineral exploration investors in the region from 1989 to 2001. This paper charts these trends of Canadian mining expansion in Latin America and then focuses on the community, environmental and worker resistance it is generating in the cases of Chile and Colombia.     

Public executives: Actualization and conflict approaches

This study represents a test of Maslow's hypotheses that the management styles of self-actualized executives differ from those of less-actualized executives. The sample was drawn from among executives of seven state governments. The correlation of levels of actualization and executive behavior revealed that the more self-actualized executives were more willing to actively lobby for their decisional preferences than to simply accept decisions from superiors.     

Colonial legacies,armed revolts and state violence: the Maoist movement in India

Abstract

This article examines the connected histories of armed tribal and peasant revolts in colonial and postcolonial India with reference to the ongoing Maoist conflict in rural and tribal areas of central and eastern India. The article makes two interrelated arguments about the violent continuities that endure from colonial to postcolonial contexts: (1) the nation-state system, in its efforts to establish control and influence, creates a hierarchy of citizenship engaging in the hostile policing of marginalised subjects, thereby engendering armed revolts and political violence; (2) the postcolonial state’s response to these armed revolts by marginalised subjects who challenge its sovereignty and monopoly over violence, is equally violent and repressive. Most significantly, the state’s response is legitimised in the same colonial idioms and justifications that mark epistemic and physical violence against the third world.     

Sectarianism and conflict in Syria

This article challenges the sectarian narrative of Syria’s current civil war, which relies on several false assumptions about the nature of political identity. It first questions how sectarian the uprising and civil war actually are, suggesting that the conflict is ‘semi-sectarian’, given the multiple other fault lines of contention, notably class, ideology and other non-sect, sub-state ties. It then draws on the theoretical debates between primordialists, ethno-symbolists and modernists to historicise political identity development in Syria. In doing so, it reasserts the modernist case, emphasising how political identities in Syria, both national and sectarian, have developed in a complex interrelated manner in the modern era and how the recent violent mobilisation of sectarian identity is the result of long- and short-term structural, economic, socio-cultural and political factors rather than unchanging ancient animosities. Of these, the most vital remain structural changes and elite reactions to them, with the prospect of state collapse in Syria’s future the most likely cause of a descent into further sectarian chaos.     

南苏丹公投对非洲局势的影响

2011年2月7日,苏丹南部公民投票委员会宣布苏丹南部公投的最终结果,结果显示,98．83％的选民支持南部地区从苏丹分离。随后苏丹总统巴希尔宣布承认和接受这一最终结果。南苏丹公投这一关乎苏丹分与合的重大事件,在改写苏丹历史的同时,必将改写非洲历史。南苏丹公投将对非洲局势产生如下四个方面的影响。