Thesis (MA)--University of Stellenbosch, 2002. / ENGLISH ABSTRACT: Since the early 1960s, when the majority of African countries gained independence from colonial powers, the continent has been in turmoil. Conflicts have been extensive, and detrimental to economic, political and above all, social development. Today, Africa is under more pressure than ever to find solutions for these conflicts. The situation is complicated by the complex and difficult challenges brought on by a rapidly globalising world. Also conflicts have often been characterised by internal, as well as regional proportions. Coupled with this, the threats facing Southern Africa are of such a nature that they transcend national boundaries, and have a tendency to effect entire regions as opposed to individual states. Thus threats no longer endanger states, but rather their people. fn view of this, conflict resolution requires a regional approach as well, in order to ensure a viable and lasting solution. This thesis attempts to evaluate the contribution of regional co-operation to conflict resolution in Southern Africa. Two concepts imperative to this evaluation are regionalism and security. Both are examined and juxtaposed. The author determines that the concepts have changed dramatically since the end of the Cold War period, and that new regionalism and new security approaches need to be considered in addressing conflicts, since traditional interpretations have become obsolete, particularly in the developing world. Furthermore, an examination of the international, regional and sub-regional organisations, concerned with conflict management on the continent, is carried out. The United Nations and the Southern African Development Community, together with their efforts in Southern Africa analysed. The author takes the conflict in the Democratic Republic of the Congo as a case study, and concludes that the persisting conflict has ensued precisely because regional co-operation was inadequate. The states and leaders involved did not take into account the regional dimensions of the conflict, and also ignored threats to human security. Regional co-operation was at a minimal, and involvement has until now been predominantly unilateral and statist, marked by personal interests, and not those of the population. / AFRIKAANSE OPSOMMING: Sedert die vroeë sestigerjare, toe die meerderheid Afrikalande onafhankliheid van koloniale magte verkry het, was die kontinent in onrus gehul. Dit was omvattende konflik - konflik wat nadelig was vir ekonomiese, politieke en veral sosiale ontwikkeling. Vandag, meer as ooit tevore, is Afrika onder druk om oplossings te vind vir hierdie konflikte. Die situasie word gekompliseer deur die uitdagings gestel deur 'n vinnig globaliserende wêreld. Die konflik word dikwels deur interne sowel as streeksafmetings gekenmerk. Hiermee saam is die bedreigings wat op Suidelike Afrika 'n invloed het van so 'n aard dat dit nasionale grense ignoreer en die geneigdheid het om totale streke, in teenstelling met individuele state, te beïnvloed. Hierdie bedreigings stel dus nie state in gevaar nie, maar eerder hul mense. Om 'n lewensvatbare en blywende effek te hê, benodig konflikoplossing dus ook 'n streeksbenadering aan te neem. Hierdie tesis poog om die bydrae van streekssamewerking, ten einde konflikoplossing in Suidelike Afrika te bewerkstellig, te evalueer. Beide word ondersoek en in verband gebring. Die skrywer bevind dat die konsepte drasties verander het sedert die einde van die Koue Oorlog tydperk, en dat nuwe regionalisme en nuwe sekuriteit benaderings oorweeg moet word, aangesien tradisionele interpretasies verouderd, veral in die ontwikkelende wêreld, is. Verder word internasionale, regionale en sub-regionale organisasies wat gemoeid is met konflikhantering op die kontinent, ook ondersoek. Die Verenigde Nasies en die Suidelike Afrika Ontwikkelings Gemeenskap (SADe), tesame met hul pogings in Suidelike Africa, word geanaliseer. Die skrywer maak gebruik van die konflik in die Demokratiese Republiek van die Kongo as gevallestudie, en kom tot die gevolgtrekking dat konflik ontstaan het juis omdat regionale samewerking nooit werklik gerealiseer het nie. Die betrokke state en leiers het nie die streeksdimensies van die konflik in ag geneem nie, en ook menslike sekuriteit bedreigings ignoreer. Regionale samewerking was beperk tot In minimum, en betrokkenheid was tot nou toe oorwegend eensydig en staats georienteerd, en gekenmerk deur persoonlike belange, en nie dié van die bevolking nie.

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 perpetual conflict in Darfur, Sudan, which started anew in 2003, had dire humanitarian consequences and threatened international peace and security. The UN Security Council, which has the primary responsibility for maintaining international peace and security, adopted Resolution 1769 on 31 July 2007 and authorised a 26 000 person-strong joint African Union/United Nations hybrid operation in Darfur (UNAMID) to take over from AMIS (the African Union peace operation in Darfur). UNAMID was established with dual command and control linked to both the African Union and the United Nations and both organisations would have an equal say in its mandate and operations. Given this unique and unprecedented arrangement between a regional organisation and the United Nations in terms of maintaining international peace and security, the aim of this research was to: • Understand and describe the political motivations/reasons why the United Nations formed a hybrid peace operation with the African Union; • Establish in which way the aforementioned impacted on future efforts of the United Nations to maintain international peace and security, especially on the African continent; and, based on this, • To determine whether or not hybrid operations were a viable alternative for the United Nations to maintain international peace and security. By means of a thorough analysis of the theoretical underpinnings of international peace and security, an assessment of the peace and security architecture of the United Nations and the African Union, an investigation into the origins of the Darfur conflict, an examination of the structure and mandate of UNAMID, and through an empirical investigation, a new theoretical proposition is provided in the conclusion of the thesis. It is concluded that the UNAMID model, in practical terms, is not an optimal mechanism for the United Nations to use to maintain international peace and security because it suffers from numerous internal political inequities and operational inadequacies. / Thesis (Ph.D. (Political Studies))--North-West University, Potchefstroom Campus, 2012

The perpetual conflict in Darfur, Sudan, which started anew in 2003, had dire humanitarian consequences and threatened international peace and security. The UN Security Council, which has the primary responsibility for maintaining international peace and security, adopted Resolution 1769 on 31 July 2007 and authorised a 26 000 person-strong joint African Union/United Nations hybrid operation in Darfur (UNAMID) to take over from AMIS (the African Union peace operation in Darfur). UNAMID was established with dual command and control linked to both the African Union and the United Nations and both organisations would have an equal say in its mandate and operations. Given this unique and unprecedented arrangement between a regional organisation and the United Nations in terms of maintaining international peace and security, the aim of this research was to: • Understand and describe the political motivations/reasons why the United Nations formed a hybrid peace operation with the African Union; • Establish in which way the aforementioned impacted on future efforts of the United Nations to maintain international peace and security, especially on the African continent; and, based on this, • To determine whether or not hybrid operations were a viable alternative for the United Nations to maintain international peace and security. By means of a thorough analysis of the theoretical underpinnings of international peace and security, an assessment of the peace and security architecture of the United Nations and the African Union, an investigation into the origins of the Darfur conflict, an examination of the structure and mandate of UNAMID, and through an empirical investigation, a new theoretical proposition is provided in the conclusion of the thesis. It is concluded that the UNAMID model, in practical terms, is not an optimal mechanism for the United Nations to use to maintain international peace and security because it suffers from numerous internal political inequities and operational inadequacies. / Thesis (Ph.D. (Political Studies))--North-West University, Potchefstroom Campus, 2012

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.