The aim of the research was to consider the relationship of political ends and the use of military force and, using empirical data gathered from South Africa's experience from 1987 to 1988, to consider whether there might be any implications for existing theory. The question that was formulated for research was: What relationship could be distinguished between the South African government's use of military force in Angola and the government's political ends? The conclusion was reached that the relationship of the application of military force by the South African government to the attainment of political ends was one of inhibition. The concept of 'inhibitive war', refers to the severe .restraint on the use of military force, resulting from the influences of environmental conditions on political ends, so that the political ends themselves become a restriction on the achievement of military aims. / Political Sciences / M.A. (Strategic Studies)

La responsabilité de protéger est un concept issu des travaux de la Commission internationale de l’intervention et de la souveraineté des États (CIISE). Établie en 2000 à l’initiative du CANADA, elle a recherché à dépasser les controverses inhérentes aux débats relatifs au « droit d’intervention humanitaire ». Aux fins d’atteindre cet objectif, la Commission a forgé un nouveau concept, la « responsabilité de protéger », qui permît de concilier, plutôt qu’opposer, les notions de souveraineté et d’intervention.<p>Depuis lors, la responsabilité de protéger a fait l’objet de vives controverses en droit international. Intégrée dans une résolution de l’Assemblée générale de l’ONU en septembre 2005, appliquée par le Conseil de sécurité lors de la crise en LIBYE de mars 2011, le concept se trouve, aujourd’hui, au centre des débats se rapportant au cadre juridique de la protection des populations civiles.<p>La présente thèse entend examiner les différentes implications juridiques de la responsabilité de protéger, en optant pour une démarche résolument positiviste. La réflexion proposée tente d’en embrasser les différents aspects, tant conceptuels qu’opérationnels, aux fins d’aboutir à une étude globale, synthétique et actualisée du concept. Partant, une interrogation commandera l’ensemble de notre réflexion: l’émergence de la responsabilité de protéger a-t-elle, en droit international, permis une amélioration de la protection des populations civiles ? / Doctorat en Sciences juridiques / info:eu-repo/semantics/nonPublished

Text in English / The study aims to investigate criminal jurisdiction of the visiting SADC armed forces during peace time focusing only on the Republic of Botswana and the Republic of South Africa. Since the adoption of the Declaration and Treaty of SADC, the armed forces of both Botswana and South Africa at times find themselves on each other’s territory. Once in each other’s territory the question of criminal jurisdiction becomes imperative. The two countries seem not to agree on the content of status of force agreements while cooperating in terms of the SADC Treaty. The contentious point is that the death sentence is still a competent sentence for certain offences under certain circumstances in terms of Botswana laws, whereas in South Africa the death sentence was declared unconstitutional. In the absence of any agreement, South African armed forces may face a death sentence while in Botswana and Botswana authorities might not be able to carry out a death sentence over their members for offences committed while in South Africa. In trying to answer the question of criminal jurisdiction while on each other’s territory during peace time, a study of the evolution of jurisdiction is undertaken. The laws of both countries are considered, especially the application and protection afforded by their respective constitutions. The approach followed by the UN in sending a peace-keeping force to conflict areas is analysed. A micro-comparison of agreements concluded by selected countries, more especially the NATO agreement, is undertaken. Treaties as a source of international law are analysed to show that rights can be extended and be limited by agreement. The study concludes by recommending that concurrent criminal jurisdiction with certain qualification seems to be the accepted norm and compromise amongst the international community, and that the two countries may consider this approach as the basis for such agreement. / Public, Constitutional, & International Law / LL.M

Thesis (Master of Military Studies)-Marine Corps Command and Staff College, 2008. / Title from title page of PDF document (viewed on: Feb 8, 2010). Includes bibliographical references.

The aim of this thesis is to discuss the concepts of humanitarian intervention and the responsibility to protect (R2P), and; to investigate how best to apply the concepts in the face of humanitarian crises, in order to address concerns about their implementation. The failure of the Security Council to react to grave human rights abuses committed in the humanitarian crises of the 1990s, including Iraq (1991), Somalia (1992), Rwanda (1994), Bosnia (1993-1995) Haiti (1994-1997), and Kosovo (1999),triggered international debatesabout: how the international community should react when the fundamental human rights of populations are grossly and systematically violated within the boundaries of sovereign states, and; the need for a reappraisal of armed humanitarian intervention. Central to the debate was whether the international community should continue to adhere unconditionally to the principle of non-intervention enshrined in Article 2(7) of the UN Charter, or take a different course in the interest of human rights. The debate culminated in the establishment of the Canadian International Commission on Intervention and State Sovereignty (ICISS) in 2000, with the mandate to find a balance between respect for sovereignty and intervention, for purposes of protecting human rights. Much of the scholarly literature on military intervention for human protection purposes deals with the legality and legitimacy of the military dimension of the concepts. The significance of the thesis is that: it focusesthe investigation on the potential abuse of the use of force for human protection purposes, when moral arguments are used to justify an intervention that is primarily motivated by the interests of the intervener, and; the propensity to use disproportionate force in the attainment of the stated objective of human protection, by powerful intervening states. The central argument of the thesis is that there are double standards, selectivity, abuses, andindiscriminate and disproportionate use of force in the implementation of R2P by powerful countries, and; that, whether a military intervention is unilateral, or sanctioned by the UN Security Council, there is the potential for abuse, and in addition, disproportionate force may be used.The thesis makes recommendations to address these concerns, in order to ensure the survival of the concept. / Public, Constitutional and International Law / LL.D.

Text in English / The study aims to investigate criminal jurisdiction of the visiting SADC armed forces during peace time focusing only on the Republic of Botswana and the Republic of South Africa. Since the adoption of the Declaration and Treaty of SADC, the armed forces of both Botswana and South Africa at times find themselves on each other’s territory. Once in each other’s territory the question of criminal jurisdiction becomes imperative. The two countries seem not to agree on the content of status of force agreements while cooperating in terms of the SADC Treaty. The contentious point is that the death sentence is still a competent sentence for certain offences under certain circumstances in terms of Botswana laws, whereas in South Africa the death sentence was declared unconstitutional. In the absence of any agreement, South African armed forces may face a death sentence while in Botswana and Botswana authorities might not be able to carry out a death sentence over their members for offences committed while in South Africa. In trying to answer the question of criminal jurisdiction while on each other’s territory during peace time, a study of the evolution of jurisdiction is undertaken. The laws of both countries are considered, especially the application and protection afforded by their respective constitutions. The approach followed by the UN in sending a peace-keeping force to conflict areas is analysed. A micro-comparison of agreements concluded by selected countries, more especially the NATO agreement, is undertaken. Treaties as a source of international law are analysed to show that rights can be extended and be limited by agreement. The study concludes by recommending that concurrent criminal jurisdiction with certain qualification seems to be the accepted norm and compromise amongst the international community, and that the two countries may consider this approach as the basis for such agreement. / Public, Constitutional, and International Law / LL.M

The thesis poses the question of how one can stabilize a state through external intervention without destabilizing sovereignty. The study critically examines the justifications for international and regional interventions in the cases of Liberia and Burundi through a social constructivist framework. The main objective of the thesis is to enhance the understanding of how sovereignty is interpreted during non-aggressive interventions, both from a theoretical perspective through analysis of official discourses and from a practical perspective through interviews with external and internal actors in the field. The thesis argues that it may be more fruitful for future studies to question the aim of these interventions, rather than ask how to improve them. The study finds that rather than reinforce the sovereignty, these interventions neutralize states subject to external intervention in the sense that they become dependent on external capacity to maintain their stability, thereby maintaining peace and order in the international arena. The conclusion is that these interventions remain both controversial and paradoxical and the stated aim of reinforcing the state's sovereignty is questionable at best. / Doctorat en sciences politiques / info:eu-repo/semantics/nonPublished