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"Ideally, peacekeeping operations demonstrate the concern of the international community in situations of instability or conflict arising between or within states. They are conceived to bring about peace and 'ensure the effective promotion and protection of [human] rights'. As a result, peacekeeping operations as well as peacekeepers are expected to comply with standards of human rights and humanitarian law. With respect to the Economic Community of West African States Cease-Fire Monitoring Group (ECOMOG), its intervention in Liberia, Sierra Leone, Guinea Bissau, and Côte d'Ivoire have been generally welcomed as a response to barbaric and devastating wars in West Africa. However, the observation of ECOMOG missions reveals several instances of violations of human rights and humanitarian law committed by ECOMOG peacekeepers. These violations include attacks against civilians, summary executions, rapes, torture, looting, etc. In other words, the saviours have turned into violators of rights. While these violations have provoked concern and indignation, few measures have been taken to address the problem, hold peacekeepers accountable and prevent abuses in the future. ... This study is divided into five chapters. Chapter one provides, among other, the background of the study, the statement of the research problem and the significance of the study. Chapter two gives an insight into the creation, structure, mechanisms and evolution of ECOMOG as the peacekeeping organ of ECOWAS. Chapter three examines the basis for the applicability of human rights and international humanitarian law to peacekeepers and shows the violations committed by the ECOMOG peacekeepers since 1990. Chapter four analyses the responses to abuses committed by ECOMOG peacekeepers. It discusses the national, regional and universal responses to these abuses. It investigates both prevention and accountability mechanisms existing to address abuses committed by ECOMOG peacekeepers. It also explores some potential accountability and prevention mechanisms. Finally, chapter five makes some concluding remarks and suggests specific recommendations for the improvement of the existing responses." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The essence of this thesis is to explore the role of Nigeria, West Africa's hegemon, in the intervention efforts by the Economic Community of West African states (ECOWAS) through its Cease-fire Monitoring Group (ECOMOG) in both Liberia (1990-1997) and Sierra Leone (1993-2000). While the thesis has sought to understand the leading role played by Nigeria in first establishing the ECOWAS and being the primus motor for its functions, I have also attempted to analyse the rationalities for the transformation of ECOWAS from a purely economic integrative scheme to a security organisation. While the economic agendas for ECOWAS have not changed, the argument in this thesis is that security related issues and realities have taken precedence over the original economistic agendas. One of the thesis' major arguments is that the nature of results attained in both Liberia and Sierra Leone are different because of (a) the leadership role of Nigeria and (b) the nature of international responses and contributions to the resolution of these conflicts. In the thesis, I argue that in the Liberian case, Nigeria took a more domineering leadership role albeit tinged with the characteristics of the actions of a benevolent hegemon. Here, Nigeria through different processes either through leadership, consensus-seeking processes and dialogue managed to get other ECOWAS states to coalesce around its leadership. However, in Sierra Leone, Nigeria's leadership role was not permitted to unfold. The resultant effect was the shift from NIFAG to ECOMOG and eventually "rekindling hatred" of these troops as UN troops. This thesis has pointed to the utility of sub-regional organisations in resolving conflicts and demonstrates the need for further study. / Political Science / DLITT ET PHIL (INT POL)

The occurrence of internal armed conflict in Africa has increased over the last two decades. As such, Africa continues to be viewed by many as a troubled continent. In an attempt to avoid further conflict in Africa, organisations such as the United Nations have implemented comprehensive tools and strategies to prevent further conflicts from occurring. However, the genocide in Rwanda and the on-going unrest in Sudan have shown that there is still a lot of work to be done. In both these cases, the conflicts took place or escalated even with UN presence on ground. This paper will thus examine the UN's legal role in the prevention of internal armed conflict and establish the type of lessons that could be learnt from Rwanda and Sudan. / Public, Constitutional, & International / LL.M.

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.

The essence of this thesis is to explore the role of Nigeria, West Africa's hegemon, in the intervention efforts by the Economic Community of West African states (ECOWAS) through its Cease-fire Monitoring Group (ECOMOG) in both Liberia (1990-1997) and Sierra Leone (1993-2000). While the thesis has sought to understand the leading role played by Nigeria in first establishing the ECOWAS and being the primus motor for its functions, I have also attempted to analyse the rationalities for the transformation of ECOWAS from a purely economic integrative scheme to a security organisation. While the economic agendas for ECOWAS have not changed, the argument in this thesis is that security related issues and realities have taken precedence over the original economistic agendas. One of the thesis' major arguments is that the nature of results attained in both Liberia and Sierra Leone are different because of (a) the leadership role of Nigeria and (b) the nature of international responses and contributions to the resolution of these conflicts. In the thesis, I argue that in the Liberian case, Nigeria took a more domineering leadership role albeit tinged with the characteristics of the actions of a benevolent hegemon. Here, Nigeria through different processes either through leadership, consensus-seeking processes and dialogue managed to get other ECOWAS states to coalesce around its leadership. However, in Sierra Leone, Nigeria's leadership role was not permitted to unfold. The resultant effect was the shift from NIFAG to ECOMOG and eventually "rekindling hatred" of these troops as UN troops. This thesis has pointed to the utility of sub-regional organisations in resolving conflicts and demonstrates the need for further study. / Political Science / DLITT ET PHIL (INT POL)

The occurrence of internal armed conflict in Africa has increased over the last two decades. As such, Africa continues to be viewed by many as a troubled continent. In an attempt to avoid further conflict in Africa, organisations such as the United Nations have implemented comprehensive tools and strategies to prevent further conflicts from occurring. However, the genocide in Rwanda and the on-going unrest in Sudan have shown that there is still a lot of work to be done. In both these cases, the conflicts took place or escalated even with UN presence on ground. This paper will thus examine the UN's legal role in the prevention of internal armed conflict and establish the type of lessons that could be learnt from Rwanda and Sudan. / Public, Constitutional, and International / LL.M.

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 and Procedural Law / LL.D.

Thesis (MA) -- Stellenbosch University, 2006. / Includes bibliography / ENGLISH ABSTRACT: The nature of conflict in Africa has changed from the Cold War to the post-cold War era. This is evident in the internal and external factors and actors involved within the conflict dynamics. During the Cold War era politics and the quest for control of the state formed the basis for conflicts in Africa, from anti-colonial wars of independence and liberation struggles to secessionist attempts. In the post-Cold War era with the loss of external superpower support, this has changed with the growing significance of identity politics, and conflicts based on the differences of ethnicity, religion and the quest for the control of resources and land, characterised by extreme violence and the rise of actors other than the state, within failed and collapsed states. These conflicts have thus presented challenges to the United Nations (UN) in relation to its traditional means of maintaining international peace and security, and the internal dynamics of the decision-making processes, political will and accompanying resources and financial factors within the organisation. The challenges faced by the UN in Africa therefore lie not only within the nature of conflict and the nature of the African state but also within the internal constraints inherent within the organisation itself. The conflicts in Mozambique and Rwanda respectively represent how the nature of conflict has changed in Africa from the Cold War to the post-Cold War era and both illustrate the challenges the UN has faced in light of the changing nature of African conflict. While Mozambique offers an example of a typical Cold War conflict, based on the quest for control of the state and exacerbated by superpower support, Rwanda represents an example of a typical post-Cold War internal conflict based on identity politics and extreme violence manifest as genocide. By comparing and contrasting these two conflicts, and the subsequent involvement of UN peace maintenance operations in these conflicts, this thesis offers a comparative study of "old" and "new" wars in Africa in order that a better understanding of the nature of conflict in Africa can be reached and to illustrate the challenges faced by the UN in light of this changing nature of conflict. / AFRIKAANSE OPSOMMING: Die aard van konflik in Afrika het vanaf die tydperk van die Koue Oorlog tot die na-Koue Oorlog tydperk aansienlik verander. Dit is in die innerlike en uiterlike faktore en akteurs wat by die konflik betrokke is waarneembaar. Gedurende die Koue Oorlog tydperk was interstaatlike konflik 'n hoofkenmerk. Dit was ook die fase van antikoloniale oorloë wat dikwels met eksterne steun geveg is. In die na-Koue Oorlog tydperk met die verlies van uiterlike supermoondheid ondersteuning, het interne konflik binne swak state dikwels oor die beheer van skaars hulpbronne, of oor identiteit en griewe gegaan. Die konflik het uitdagings aan die Verenigde Nasies (VN) gestel wie se vredesregime kwalik vir rebelle en kindersoldate voorsiening gemaak het. Dit het ook eise gestel aan die politieke wilskrag van lede van die Veiligheidsraad om in dergelike konflikte betrokke te raak. Die uitdaging vir die VN in Afrika lê dus nie net in die aard van konflik en die aard van die staat in Afrika wat verander het nie, maar ook in nuwe eise vir vrede. Die twee gevallestudies van die konflik in Mosambiek en Rwanda demonstreer hoe hierdie aard van konflik verander het, en hoe moeilik dit is om vrede te maak waar akteurs (rolspelers) kwalik binne konvensionele raamwerke hanteer kan word. Waar Mosambiek 'n voorbeeld van 'n tipiese Koue Oorlogse konflik was - stryd vir die beheer oor die staat en aangevuur deur supermoonhede, is Ruanda weer 'n meer eietydse voorbeeld van 'n tipiese na-Koue Oorlogse interne konflik, gebaseer op identiteitspolitiek wat met ekstreme geweld en volksmoord gepaard gegaan het. Hierdie tesis bied 'n vergelykende studie van sulke "ou" en "nuwe" oorloë in Afrika en bied moontlik 'n beter begrip van die aard en oplossing van sulke konflikte wat by uitstek nuwe uitdagings aan die tradisionele opvattings van die VN stel.

Bibliography / Thesis (MPhil (Military Science. Security Management))--University of Stellenbosch, 2011. / ENGLISH ABSTRACT: The South African Navy (SAN) was created after the First World War as an indigenous naval capability for South Africa was deemed necessary. Its roles and responsibilities through the years have depended on both the requirements of the state, and the political realities of the time. Possible future roles in peace support would therefore depend on political requirements as well as the capabilities and composition of the SAN. To date, the SAN has only contributed to peace support by way of the patrols carried out by the SAN Operations Boat Squadron on Lake Tanganyika, and assistance from the Maritime Reaction Squadron in VIP protection duties in Burundi. The seemingly minor nature of this contribution is disconcerting, because the contributions of the SANDF in present (ongoing) peace support are very highly rated by the South African Government. To enhance its visibility, the SAN should preferably play a more visible role in peace support in Africa, and generally in assisting in the maintenance of good order at sea around the African coastline. The potential contributions to or during peace support activities should therefore not only be seen as the direct support which the SAN can give to land forces carrying out peace support in a specific country, but also the support the SAN can give to maintaining good order in the corresponding, and other African, maritime zones. Potential contributions and roles of the SAN in particular therefore need to be interrogated more comprehensively to foster a deeper understanding of this unexplored field of study within the peace support environment, and that of Africa in particular. To determine the possible contributions and roles of the SAN, the traditional roles and the doctrines of navies (specifically those involved in peace support operations) were investigated. It was found that the roles emanating from the traditional roles for navies were assimilated into navies. doctrines, roles and tasks. Possible roles and missions for the SAN are reflected in the SAN Maritime Doctrine. Regional expectations have added more roles and missions like the sharing of training, assets, expertise, information, the requirement of maintaining maritime security and the maintenance of good order at sea. The assets available in the SAN (and the future assets) seem to be adequate to carry out possible peace support activities. However, the potential roles and contributions of the SAN to peace support will be limited by the scope of future budgets and the shortages of skills, equipment and capacity. The foreseen budgets available will not allow participation in activities beyond those being undertaken at present. Unless more funding is received, the potential roles and contributions of the SAN towards peace support activities in Africa will probably not extend beyond some lake patrols and VIP protection. / AFRIKAANSE OPSOMMING: Die Suid Afrikaanse Vloot (SAV) het na die Eerste Wêreld Oorlog tot stand gekom omrede so 'n inheemse vloot as broodnodig vir Suid Afrika beskou was. Die SAV se rol en verantwoordelikhede was deur die geskiedenis gerig deur die behoeftes van die regering van die dag en van die politieke oorwegings van die oomblik. Toekomstige verantwoordelikhede vir vredesteun sal insgelyks afhang van politieke oorwegings, sowel as die aard van, en bates beskikbaar vir, die SAV. Tot dusver was die SAV bydrae aan vredesteun beperk tot patrollies deur die SAV Operasionele Booteskader op die Tanganjika meer in Burundi, en bystand deur die Maritieme Reaksie Eskader met BBP werk in Burundi. Hierdie geringe bydraes is onstellend omrede vredesteun pogings belangrik geag word deur die Suid Afrikaanse regering. Die SAV sal dus 'n groter rol in vredesteun in Afrika moet speel, en veral in die instandhouding van goeie orde op see, ten einde beter sigbaarheid te bewerkstellig. Die potensiële SAV bydraes aan vredesteun aktiwiteite moet dus nie slegs gesien word in die direkte SAV steun aan landmagte betrokke by vredesteun in een of ander land nie, maar ook in die bydrae tot die instandhouding van goeie orde in die ooreenkomstige maritieme omgewings in Afrika. Potensiële SAV bydraes moet daarom in diepte ontleed word ten einde 'n beter insig te vekry in die maritieme streke (veral in Afrika) waar tot dusver maar min navorsing gedoen is. Om hierdie potensiële bydraes te bepaal, is die tradisionele rol en doktrines van vlote (veral die wat betrokke is by vredesteun) ondersoek. Daar is bevind dat die huidige doktrines, rol en take van vlote voortgevloei het uit die tradisionele rol van vlote. Moontlike rolle en bydraes van die SAV is reeds beskikbaar in die SAV Maritieme Doktrine (2006). Verdere moontlike bydraes spruit voort uit die verwagtinge van die verskillende streke in Afrika soos die deelname in Suid Afrikaanse opleiding, kundigheid en informasie, en die behoefte aan instandhouding van maritieme veiligheid en goeie orde op see. Die huidige en toekomstige bates van die SAV (insluitende skepe, eenhede en personeel) blyk voldoende te wees om by te dra tot moontlike vredesteun aktiwitiete. Die moontlike bydraes sal egter beperk word deur ontoereikende toekomstige begrotings en tekortkominge met betrekking tot kundigheid, toerusting en kapasiteit. Trouens, die huidige en toekomstige begrotings is ontoereikend vir verdere vredesteun bydraes buiten dit wat tot dusver gelewer word. Sonder 'n toename in die begroting sal die vredesteun pogings van die SAV beperk bly tot patrollies deur die SAV Operasionele Booteskader op die Tanganjika Meer, en bystand deur die Maritieme Reaksie Eskader in BBP werk.