A research report submitted to the Faculty of Commerce, Law and Management, University of the Witwatersrand, in 33% fulfilment of the requirements for the Degree of Master of Management (in the field of Security) 23 March 2016 / The manifestation of terrorism on the African continent has increasingly become a major emerging and evolving security concern. Based on the number of incidents happening on the continent, it is evident that the approach in addressing this phenomenon needs to be rethought, restrategised and redesigned in order to maximise the effect of current counter interventions by different organisations. At the centre of terrorism is the financing thereof. The bulk of this study will focus on the financing of terrorism and how the United Nations Security Council respond to it focussing on North, West and East Africa. Results should not just address the challenges of the current environment, but should be able to stand the test of time and ensure that these horrific activities do not re-occur. In order to reach this stage, it is critical that all role-players, stakeholders and organisations work together to ensure that the crisis is addressed in the most effective way, but also, critically, managed under the umbrella of an organisation that has the capability, resources, capacity and leadership to intervene in these situations successfully. The United Nations Security Council is the one organisation that can fulfil this role. / MB2016

A research report submitted to the Faculty of Commerce, Law and Management, in partial fulfilment of the requirements for the degree of Master of Management in Security, University of the Witwatersrand, Johannesburg, 2017 / In 2013, the South African delegation to the African Union (AU) vigorously lobbied other AU Member States to urgently establish the African Capacity for Immediate Response to Conflict (ACIRC) Brigade. South Africa argued that the continent needed a rapid deployment force to respond quickly to conflicts. Amongst others, the ACIRC will intervene in stabilisation, peace enforcement and intervention missions, the neutralisation of terrorist groups, and attacks on legitimate governments. The decision to establish the ACIRC was a response to the M23 occupation of Goma and French intervention to assist the Malian government, which was under attack from Tuareg separatists and other Islamic fundamentalist groups. Critics of the ACIRC mechanism argue that it goes against the principles of peacekeeping and is an indication that South Africa is advocating for a departure from pacifist to robust military intervention. From South Africa’s perspective, the ACIRC Brigade is intended to fill the security gap left by the African Standby Force. This research study argues that the ACIRC is not an indicator that South Africa is advocating for a departure from pacifist to robust military intervention when resolving conflict in Africa. Instead, the ACIRC mechanism, like the Force Intervention Brigade and the French army intervention in the Democratic Republic of Congo and Mali respectively, will provide the AU with a quick response mechanism for conflict. The robustness of response will be determined by the threat at the tactical level of military operation. As such, the deployment of the ACIRC Brigade will still be guided by the principles of peacekeeping as laid out in the UN Charter and Article 4(h) of the AU Constitutive Act. In this respect, post-apartheid South Africa has played a leading role in resolving conflicts in Africa. Those who subscribe to realism argue that South Africa participates in peace missions for its own self-benefit. They argue that its participation in peace missions will increase its global stature and improve its credibility in its quest to become a permanent member of the United Nations Security Council. On the other hand, idealists argue that South Africa’s participation in peace missions is inspired by the principles of ubuntu and altruism. This research study argues that both the realist and the idealist arguments are credible when assessing South Africa’s participation in peace missions in Africa. However, Precious Pakamile Hlungwani 775032 iii notwithstanding the credibility of both arguments, there is more evidence to support the realist view on South Africa’s participation in peace missions. / GR2019

The hypothesis underlying this research is that Africa's leaders are under a moral/political imperative to summon the will to develop a capacity to intervene in conflicts, possibly with external assistance, but without direct extra-continental intervention. This begs two questions. Is Africa right — politically and morally – to assume this task? And should the rest of the world, particularly the traditional intervening powers, accept and/or promote and/or assist African self-pacification? A trend toward subsidiarity and the regionalisation of conflict management in the African context followed reversals for United Nations and Western policy in the early 1990s, notably in Somalia and Rwanda. In the wake of these setbacks the universal impulse to intervene wherever necessary was overshadowed by a particularist/relativist position that distinguished Africa and African conflicts as cases apart. This translated in theoretical terms to a switch away from a cosmopolitan position allowing of international intervention to a communitarian position that promotes the African 'community' or African sub-regional 'communities' as the primary loci for addressing conflict. The continental organisation, the Organisation of African Union (0AU), has been hampered in assuming this task by its strict Charter adherence to state sovereignty and non-intervention in the internal affairs of its member states. As a result the logic of subsidiarity devolved on Africa's sub-regional organisations, in particular the Economic Community of West African States (ECOWAS) and the Southern Africa Development Community (SADC). However, these organisations have found development of a security framework problematic, suffered from internal rivalries and have been hindered by paucity of funds and logistics. Interventions undertaken under the auspices of these bodies have often been of dubious legitimacy under international law. Viewed from the perspective of the 'just war' tradition these interventions also invariably seem morally suspect. Unwilling to intervene directly, the United States, France and Britain have established a joint initiative to enhance peacekeeping capacity in Africa. This project, under funded and ill considered, has proven inadequate from the perspective of both African participants and its sponsors. The research examines two case studies — intervention by the OAU in Chad in 1980-1982 and the peacekeeping operation undertaken by ECO WAS in Guinea-Bissau in 1998-1999. These cases confirm that existing mechanisms are ineffective for addressing African intra-state conflict. Moreover, they show that extra-African involvement remains an enduring feature of conflict on the continent. A return to the universal/cosmopolitan impulse in terms of international intervention in African conflicts seems unlikely in the short to medium term. In view of this neglect Africa must continue the project of self-pacification. The West is under a moral duty to set aside narrow national interests and expand and improve its existing peacekeeping capacity enhancement programme.

Thesis (MPhil (Political Science))--University of Stellenbosch, 2009. / ENGLISH ABSTRACT: This thesis examines the prospects of an effective African peacekeeping capability in light of the developing peace and security architecture of the relatively new continental body, the African Union (AU). The primary aim is to determine the nature and severity of those challenges that currently face the organization’s ambition of realizing this Pan-African dream. This study is a qualitative analysis that comprises both descriptive and exploratory aspects. The thesis begins by discussing the development of peacekeeping in conflict management. It establishes that peacekeeping emerged as an ad hoc response by the UN to address the growing issue of inter-state conflict during the Cold War, but has evolved into one of the primary tools used by the international community to manage complex crises. The advent of new security threats in the post-Cold War era, spurred on by the dynamic process of globalization, necessitated that peacekeeping adapt and is commonly perceived in contemporary discourse as a multidimensional practice. Central to this development was the shift in focus from international to human security and the recent development of the Responsibility to Protect doctrine. The study then goes on to explore the process that has ultimately led to the establishment of the AU’s proposed peacekeeping capability, the African Standby Force (ASF). With a dramatic increase in incidences of violent conflict across the globe in the 1990s, the UN’s limited resources were pushed to the limit, thus paving the way for regional organizations to play a more important role in ensuring international peace and security. The establishment of the AU in 2002 was meant to put to bed the inability of its forerunner, the Organization of African Unity (OAU), which had suffered from limited financial, logistical and structural competence, while its political and institutional authority was hampered by dissent and the qualified support of member states. However, as the African Union Mission in the Darfur region of Sudan (AMIS), highlights, the AU’s peacekeeping capacity is hamstrung by a lack of political will on the part of African leaders, weak institutional capacity, severe financial constraints as well as an overly militaristic approach that neglects the essential multidimensional nature of peacekeeping. / AFRIKAANSE OPSOMMING: Die tesis ondersoek die vooruitsigte van ‘n effektiewe Afrika vrede-bewaringsmag, binne die konteks van die huidige Afrika Unie (AU) se raamwerk vir vrede en sekuriteit. Die primêre navorsingsdoel is om vas te stel wat die AU se belangrikste uitdagings is, om die die strewe na Pan-Afrikanisme te bewerkstellig in die area van vrede-instandhouding op die kontinent. Eerstens word ‘n oorsig gegee oor die ontwikkeling van vrede-instandhouding binne die konteks van konflikbestuur. Die afleiding word gemaak dat vrede-instandhouding ontstaan het as ‘n ad hoc proses binne die Verenigde Nasies ten einde inter-staat konflik tydens die Koue Oorlog, te besleg. Dit is later binne die internasionale gemeenskap aanvaar as die primêre strategie vir die oplossing en hantering van internasionale konflik. Na die einde van die Koue Oorlog, en tesame met die dinamiese proses van globalisering, het vredeinstandhouding egter verder ontwikkel en ’n multi-dimensionele proses geword. Hierdie ontwikkeling is hoofsaaklik gekenmerk deur ’n fokus wat wegbeweeg het van tradisionele soewereiniteits-sekuriteit na menslike sekuriteit. Dit het gepaardgegaan met die gelyktydige ontwikkeling van die Verantwoordelikheid om te Beskerm doktrine. Die studie ondersoek verder die prosesse wat bygedra het tot die AU se voorgestelde vredesmag – die Afrika Bystandsmag (ASF). As gevolg van ’n toename in internasionale konflik tydens die 1990s is die Verenigde Nasies se vermoeëns tot die uiterste beproef. Dit het die weg gebaan vir die opkoms van kontinentale en streeks-organisasies om ‘n meer prominente rol te speel in internasional vrede-instandhouding en sekuriteit. Die stigting van die AU in 2002, was veronderstel om die finansiële, logistieke en strukturele tekortkominge van sy voorganger, die Unie vir Afrika Eenheid (OAU) aan te spreek, aangesien laasgenoemde se politieke en institusionele hoedanigheid ondermyn is deur sy lidlande. Daar word bevind – met behulp van ’n gevalle-studie analise van die AU se Sending na Soedan (AMIS) dat die AU se kapasiteit nie na wense is nie, as gevolg van die gebrek aan samewerking tussen leiers, finansiële tekortkominge en ’n neiging om militaristiese benadering te volg, ten koste van die multi-dimensionele aspek van vredes-instandhouding.

Philosophiae Doctor - PhD / The dissertation examines three military interventions in Sub-Saharan Africa which took place in the mid and late 1990s in Rwanda, the DRC and Lesotho. These interventions took place despite high expectations of international and regional peace on the part of most analysts after the collapse of cold war in 1989. However, interstate and intrastate conflicts re-emerged with more intensity than ever before, and sub-Saharan Africa proved to be no exception.The study sets out to analyse the motives and/or causes of military interventions in Rwanda in 1990, the DRC in 1996-7, and the DRC military rebellion and the Lesotho intervention in 1998. In analysing these interventions, the study borrows extensively from the work of dominant security theorists of international relations, predominantly realists who conceptualise international relations as a struggle for power and survival in the anarchic world. The purpose of this analysis is fourfold; firstly, to determine the reasons for military interventions and the extent to which these interventions were conducted on humanitarian grounds; secondly, to investigate the degree to which or not intervening countries were spurred by their national interests; thirdly, to assess the roles of international organisations like Southern African Development Community (SADC), the Organisation of African Unity (OAU) and the United Nations, in facilitating these interventions; as well as to evaluate the role of parliaments of intervening countries in authorising or not these military interventions in terms of holding their Executives accountable. In this context, the analysis argues that the intervening countries; Angola, Botswana, Burundi, Chad, Namibia, Rwanda, Sudan, South Africa, Uganda and Zimbabwe appeared to have used intervention as a realist foreign policy tool in the absence of authorisation from the United Nations and its subordinate bodies such as the OAU and SADC. / South Africa

Thesis (MA (Political Science. International Studies))--University of Stellenbosch, 2010. / Bibliography / ENGLISH ABSTRACT: Private Military and Security Companies (PMSCs) are fast becoming a permanent structure in international security. PMSCs are made up of two groups, namely Private Military Companies (PMCs) and Private Security Companies (PSCs). Antagonism towards their existence and involvement in African civil wars is the result of some damaging effects of PMSCs- more specifically PMCs- including misconceptions. Both PMCs and PSCs are compared to mercenaries and definitional issues plague the private security industry. Private Military and Security Companies however are legal entities, different to mercenaries. This is why PMCs are sometimes referred to as "corporate warriors". As private companies PMCs often fill the security gaps left by international responses to African civil wars. Their contracts with legitimate governments offer a cheap and effective end to the violence of civil war. In recent years the use of PMSCs has increased among both weak and strong states. Antipathy however remains the prominent attitude in the international community, thus challenging the use of PMSCs. From this point of view, they are a ¡°scourge¡± because PMCs are not only likened to mercenaries of old who fight for private gain, but the arguments are also that they undermine the sovereignty of weak states, that they are unaccountable to the citizens of these states, that they violate human rights, that they don't solve root causes and that they contribute to militarization. The increase of civil conflicts in Africa and the surplus of military professionals after the Second World War meant that mercenaries became involved in African liberation struggles. By the end of the Cold War however- in an era that favours liberal economic practices and privatisation- professional legal Private Military and Security Companies were established to supplement the security gap left at the end of the Cold War. As mentioned, these are legal companies that don.t breach international conventions; are accountable to some home state legislation's and brought peace to Angola and Sierra Leone. International responses to security concerns- especially those in Africa- are burdened by the plethora of complex civil conflicts that simultaneously demand attention from the United Nations. PMCs may be equipped to execute Chapter VII mandates of the UN Charter, as these deal with robust enforcement functions at a time when the West is reluctant to intervene. What is perhaps required is more accountability (also to host state legislation) and oversight. The services of PMCs are beneficial to a number of stakeholders. These include the states in which they are registered, the states in which they operate, the citizenry that they protect, and they are profitable to the shareholders of the PMCs and diamond and oil companies they are contracted to. It is thus the conclusion of this thesis that Private Military Companies provide a faster and more cost- effective option for peacemaking in Africa. As private companies they are not bound by protocols and conventions but they must satisfy the company and its shareholders. And although the use of Private Military Companies is not dependent on the regulation of the industry, the PMSC industry would benefit from more self- regulation in the market place. Thus with relevant and more effective regulation, PMCs could become Africa's solution to her civil conflicts. Unlike in the Ballesteros report, the UN has to recognise this role. / AFRIKAANSE OPSOMMING: Private Militere- en Sekuriteitsmaatskappye (PMSMe) is vinnig besig om 'n permanente struktuur in privaatsekuriteit te word. Skadelike uitwerkings van hierdie PMSMe, wanpersepsies ingesluit, is 'n gevolg van die antagonisme teenoor die maatskappye en hul betrokkenheid in burgeroorloë. PMSMe word met huursoldate vergelyk en gevolglik word die privaatsekuriteitsindustrie met kwessies rondom definiering gekwel. PMSMe, anders as huursoldate, is egter wettige entiteite. Om hierdie rede word PMSMe dikwels as "korporatiewe krygsmanne" (corporate warriors) beskryf. PMSMe, as private maatksappye, vul dikwels die sekuriteitsgapings wat deur die internasionale reaksies tot burgeroorloë in Afrika gelaat is. Hul kontrakte met legitieme regerings bied 'n goedkoop en effektiewe middel om die geweld van burgeroorloë te beëindig. Die gebruik van PMSMe het, gedurende die afgelope jare, in beide swak- en sterk state toegeneem. Antipatie dien steeds as in vername afkeur in die internasionale gemeenskap. Dit daag dus die gebruik van PMSMe uit. Hulle word steeds met huursoldate in die internasionale gemeenskap verwar. Terselfdertyd word geargumenteer dat PMSMe die soewereiniteit van swak regerings ondermyn, dat hulle nie verantwoordbaar aan die burgers van hierdie state is nie, dat hulle inbreuk maak op menseregte, dat hulle nie die kernoorsake van konflik oplos nie, en dat hulle tot militarisering bydra. Die toename in burgerlike konflikte in Afrika, tesame met die oorskot militêre vakkundiges na die Tweede Wereldoorlog, het gemaak dat huursoldate in Afrika se vryheidstryde betrokke geraak het. Teen die einde van die Koue Oorlog - gedurende 'n tydperk waar liberale ekonomiese praktyke en privatisering voorrang geniet het - was professionele wettige PMSMe byderhand om die sekuriteitsgaping aan te vul. Hierdie is dus wettige maatskappye wat nie internasionale konvensies skend nie, wat verantwoordbaar is aan sekere tuisstaatwetgewing, en wat vrede in Angola en Sierra Leone meegebring het. Internasionale reaksies tot sekuriteitskwessies - veral die sigbaar in Afrika - word deur 'n oormaat van komplekse burgerlike konflikte, wat gelyktydig aandag van die Verenigde Nasies (VN) verg, belas. Hiervolgens is dit moontlik dat PMSMe wel toegerus mag wees om Hoofstuk II-mandate van die VN Handves uit te voer. Die rede hiervoor is dat die PMSMe wel toegerus is om robuuste toepassings funksies te verrig. Dit het veral vorendag gekom gedurende 'n tydperk toe die Weste huiwerig was om by sekuriteitskwessies in te meng. Hoer vlakke van verantwoordbaarheid en oorsig word moontlik meer vereis. Die dienste van PMSMe is voordelig vir vele belanghebbendes. Hierdie sluit die state in waar hul gekontrakteer het, die state waarin hulle optree, die burgers wat hulle beskerm, die winsgewendherd vir aandeelhouers van die PMSMe en die diamant- en oliemaatskappye deur wie hul gekontrakteer mag wees om installasies te beskerm. Die gevolgtrekking van hierdie tesis is dus dat PMSMe 'n vinniger en meer koste-effektiewe opsie vir vredemaking in Afrika bied. Al is die gebruik van PMSMe nie afhanklik van die regulering van die industrie nie, sal die PMSMe-industrie by 'n verhoging in self-regulering in daardie sektore baat vind. Met relevante en meer effektiewe markregulering, kan PMSMe dus as 'n oplossing in Afrika se burgerlike konflik dien. Anders as in die Ballesteros verslag, sal die VN dit moet erken.

<p>The dissertation examines three military interventions in Sub-Saharan Africa which took place in the mid and late 1990s in Rwanda, the DRC and Lesotho. These interventions took place despite high expectations of international and regional peace on the part of most analysts after the collapse of cold war in 1989. However, interstate and intrastate conflicts re-emerged with more intensity than ever before, and sub-Saharan Africa proved to be no exception.</p> <p><br /> The study sets out to analyse the motives and/or causes of military interventions in Rwanda in 1990, the DRC in 1996-7, and the DRC military rebellion and the Lesotho intervention in 1998. In analysing these interventions, the study borrows extensively from the work of dominant security theorists of international relations, predominantly realists who conceptualise international relations as a struggle for power and survival in the anarchic world. The purpose of this analysis is fourfold / firstly, to determine the reasons for military interventions and the extent to which these interventions were conducted on humanitarian grounds / secondly, to investigate the degree to which or not intervening countries were spurred by their national interests / thirdly, to assess the roles of international organisations like Southern African Development Community (SADC), the Organisation of African Unity (OAU) and the United Nations, in facilitating these interventions / as well as to evaluate the role of parliaments of intervening countries in authorising or not these military interventions in terms of holding their Executives accountable. In this context, the analysis argues that the intervening countries / Angola, Botswana, Burundi, Chad, Namibia, Rwanda, Sudan, South Africa, Uganda and Zimbabwe appeared to have used intervention as a realist foreign policy tool in the absence of authorisation from the United Nations and its subordinate bodies such as the OAU and SADC.</p>

<p>The dissertation examines three military interventions in Sub-Saharan Africa which took place in the mid and late 1990s in Rwanda, the DRC and Lesotho. These interventions took place despite high expectations of international and regional peace on the part of most analysts after the collapse of cold war in 1989. However, interstate and intrastate conflicts re-emerged with more intensity than ever before, and sub-Saharan Africa proved to be no exception.</p> <p><br /> The study sets out to analyse the motives and/or causes of military interventions in Rwanda in 1990, the DRC in 1996-7, and the DRC military rebellion and the Lesotho intervention in 1998. In analysing these interventions, the study borrows extensively from the work of dominant security theorists of international relations, predominantly realists who conceptualise international relations as a struggle for power and survival in the anarchic world. The purpose of this analysis is fourfold / firstly, to determine the reasons for military interventions and the extent to which these interventions were conducted on humanitarian grounds / secondly, to investigate the degree to which or not intervening countries were spurred by their national interests / thirdly, to assess the roles of international organisations like Southern African Development Community (SADC), the Organisation of African Unity (OAU) and the United Nations, in facilitating these interventions / as well as to evaluate the role of parliaments of intervening countries in authorising or not these military interventions in terms of holding their Executives accountable. In this context, the analysis argues that the intervening countries / Angola, Botswana, Burundi, Chad, Namibia, Rwanda, Sudan, South Africa, Uganda and Zimbabwe appeared to have used intervention as a realist foreign policy tool in the absence of authorisation from the United Nations and its subordinate bodies such as the OAU and SADC.</p>

Just as conflict is part of everyday life, mediation can and is practiced everyday and everywhere. It is a way of reaching decisions in a cooperative, non-hierarchical way, allowing for clear and open communication processes. Conflicts can be resolved in a formal manner through courts, arbitration, ombudspeople, diplomacy and mediation, or an informal manner through friends, colleagues, religious and community leaders, and dialogue. The way in which people resolve their disputes has an impact on how societies and institutions are governed. The war in Bakassi has taken its toll on the people of that area for several years now and has witnessed people from Bakassi facing some of the worst effects of armed conflict known to man. This study investigated the use of international mediation in the management of intractable conflict with a specific case study on the Bakassi peninsula conflict between Cameroon and Nigeria. It focused on the mediation process as a conflict management technique in relation to the international relations theories which has been used as a basis for conflict resolution practices. The researcher conducted a document review, content analysis on selected documents and this was supported by strategic interviews. The findings as well as the researcher‘s recommendations are discussed in the study in order to assist the future work of conflict management specialists and other stakeholders who have devoted their efforts to the recovery of areas emerging from conflict.

This thesis investigates both substantive and procedural issues pertaining to allegations of crimes committed by UN peacekeepers in three African countries, Somalia, Burundi, and the Democratic Republic of Congo. Under the current UN Model Status-of-Forces Agreements, criminal jurisdiction over peacekeepers rests with their sending States. However, although the UN has no criminal jurisdiction, it has been the Office of Internal Oversight Services that has conducted investigations. It is argued that every Status of Force Agreement and every Memorandum of Understanding should contain specific clauses obligating Troop-Contributing Countries to prosecute and the UN to follow-up. If rape, murder, assault, and any other crimes by UN peacekeepers go unpunished, the message sent to the victims is that peacekeepers are above the law. Rape is the most commonly committed crime by peacekeepers, but is usually considered as an isolated act. The procedural issue of prosecuting peacekeepers is investigated in order to establish whether troops can be caught under the ambits of the criminal law of the Host State to hold UN troops criminally accountable for their acts. The laws relative to the elements of each crime and the possible available defences under the three Host States, and the criminal law of South Africa as a Troop-Contributing Country, are discussed. The apparent lack of prosecution is investigated and existing cases of prosecution discussed. Alternatives to the unwillingness by States with criminal jurisdiction under the Status of Forces Agreement or under the Memorandum of Understanding are considered. Considering the current rules related to crimes committed by peacekeepers, the argument put forward is that crimes by peacekeepers must be dealt with completely and transparently though a Convention aiming at barring Troop-Contributing Countries who do not meet their obligations under international law from participating in future operations of peace. This thesis, furthermore, suggests a tripartite court mechanism to fill the lacunae in the law relating to the prosecution of peacekeepers. It considers the issues of reserving jurisdiction over peacekeepers to the Troop-Contributing Countries which are reluctant to prosecute repatriated alleged perpetrators. The victims’ importance in criminal proceedings and their their right to a remedy are highlighted. / Criminal & Procedural Law / LL.D.