Archive for Free Content

Were the rulings of the International Military Tribunal (IMT) more dependent upon customary or statutory international law?

February 19, 2013 Free Content, Human Rights & Conflict, International Relations No comments

(C) Kapok Tree Diplomacy. 2011. All rights reserved. Jeff Dwiggins. FREE CONTENT

Customary international law (IL) derives from a “combination of ‘state practice’ and opinio juris, the belief that a certain type of conduct under IL is an obligation (Byers 4).  According to Byers, new rules require “widespread support” before they become part of customary IL (4). Cerone adds that the Martens Clause of the Hague Conventions binds IMT“belligerents to remain under the protection and the rule of the principles of the law of nations” until such time as custom becomes statutory in some form or fashion (qtd. in Mertus & Helsing 219-220). Thus, custom serves as a “gap-filling” measure that universally binds all states and may apply to scenarios where IL has not yet been formalized into statutes (Mertus & Helsing 220). Read more

Strengths and Weaknesses of Truth Commissions vs. Amnesty Laws as States Recover from the Atrocities of War

February 18, 2013 Free Content, International Relations, Prevent/Contain Intl. Conflicts No comments

(C) Kapok Tree Diplomacy. 2011. All rights reserved. Jeff Dwiggins.  FREE CONTENT

Truth Commissions (TCs) – TCs may be appointed or sponsored by national, international, NGO, or hybrid commissions (Bercovitch & Jackson 156). The strengths of truth commissions may include their low cost, flexibility, “wide range of purposes” that they serve, ability to “reconstitute the moral order and provide a measure of justice when trials are not an option,” usefulness in dealing with “disappearances and killings by anonymous death squads,” potential to end a culture of impunity, role in providing a new transitional government “room to maneuver,” and the “emotional therapy” they provide a “traumatized society” (Bercovitch & Jackson 159). But are TCs ‘compromise justice’ that actually weaken the ability to make peace?

Hayner’s analysis of 15 recent TCs is useful for delineating their strengths and weaknesses. Hayner notes that in Uganda (1974) the TC had “little impact on the practices of the Amin regime” (612); in Bolivia many abuses “were overlooked” (614); the Uruguay TC was “not a serious undertaking of human rights” (616); the Zimbabwe report “has never been available to the public” (617); the Chilean report resulted in a formal apology by the President and many recommendations being implemented (622). Furthermore, the Chad TC may have been established “to improve the new president’s image” and suffered from lack of funds (624-625); the El Salvador TC resulted in general amnesty only five days after publication of its report (629); and the South African ANC II report denied any “systematic policy of abuse” (633). Read more

Can Samuel P. Huntington’s ‘Clash of Civilizations’ model explain trends in foreign affairs after the 9-11 attack?

February 17, 2013 Free Content, International Relations, Post Conflict Reconstruction No comments

(C) Kapok Tree Diplomacy. Feb 2011. All rights reserved. Jeff Dwiggins.

The conduct of international relations post 9-11 has certainly been dramatically shaped by the US. invasions of Iraq and Afghanistan, in the former as a pre-emptive attack to remove WMD and the Ba’athist regime of Saddam Hussein, and in the latter to hunt down al Qaeda and Taliban terrorists and eliminate the training bases that harbored these non-state actors. In both cases, massive reconstruction projects have been undertaken to prevent Iraq and Afghanistan from becoming failed states and help them adopt political and economic reforms of a Western orientation.

But these U.S. interventions are not the only factor explaining the conduct of IR after 9-11. Paul Diehl notes that the demand for peace operations and subsequent escalation in third party interventions rose dramatically following the Cold War due to “superpower retrenchment in providing aid to other states,” an explosion of failed states and civil wars that spawned out of the power vacuum, an increased advocacy for democracy and free markets, greater international concern for human rights, and globalization (52-55). Read more

The Interconnectedness of Military, Political and Economic Tools in Conflict Resolution and Post-Conflict Reconstruction

February 17, 2013 Free Content, International Relations, Post Conflict Reconstruction No comments

(C) Kapok Tree Diplomacy. Jan. 2011. All rights reserved. Jeff Dwiggins. 12.5 pages, double-spaced, 3,310 words. 30 references.

Introduction                                       FREE CONTENT

Post-conflict reconstructionFor the last twenty years following the end of the Cold War, the nature of conflict has transitioned from mostly interstate conflicts to predominantly intrastate conflicts characterized by a “complex web of social, economic, cultural, political and religious factors” (Bercovitch & Jackson 3). As the context underlying conflict has changed, the approaches to conflict resolution (CR) and post-conflict reconstruction (PCR) have adapted as well. Policy-makers have a variety of military, political and economic tools at their disposal to contend with the security, welfare and political representation issues resulting from fragile and failed states.

This essay will analyze the policy tools available for CR and PCR, and, in doing so, answer the following questions:

(1)   To what extent are the political, economic and military tools available to policymakers for use in conflict resolution and post-conflict reconstruction interconnected?

(2)  Has the application of such tools become considerably more challenging since the end of the Cold War? If so, how and why? If not, why not?

Section One of the essay will provide a brief summary of how the environment of conflict has changed since the end of the Cold War. Section Two will analyze the military tools. Section Three will cover the political tools, and Section Four will address the economic tools. Section Five will include a brief summary of how these tools are interconnected, but the assertion that they are interconnected will be made in each section of the essay.

Likewise, the question of whether the application of these tools has become considerably more challenging since the end of the Cold War may be answered in the affirmative with the how and why addressed throughout each section of the paper. Section Six will conclude the paper with a brief summary of the essay.

The views and opinions expressed in this paper are completely my own and do not represent the views or opinions of the Department of Defense (DoD), the Department of the Navy (DON) or any of the Armed Forces.

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Is International Law Genuine ‘Law’?

February 16, 2013 Free Content, International Relations, Intl Law No comments

(C) Kapok Tree Diplomacy. 2011. All rights reserved. Jeff Dwiggins. FREE CONTENT

In answering this question, I must first appeal to the American Law Institute’s “Restatement of the Law, Third, Foreign Relations Law of the United States.” In Section 101 it defines international law as follows: “international law consists of rules and principles of general application dealing with the conduct of states and of international organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical.”

Section 102 of this document refers to the sources as “customary law,” “international agreement,” and “derivation from general principles common to the major legal systems of the world.” Section 103 refers to the evidence of international law being “judgments and opinions of international judicial and arbitral tribunals;” “judgments and opinions of national judicial tribunals;” “the writings of scholars;” and “pronouncements by states that undertake to state a rule of international law, when such pronouncements are not seriously challenged by other states.”

Thus, to answer the question of whether international law is law, one must look at its rules and principles inherent in its definition, its sources, and its evidence to make a determination as to its strength, validity, coherence and legitimacy. I would submit that the whole point of law is to bring about justice as a vehicle for truth and liberty. Does international law result in justice? Do its sources and evidences comport with truth and equality? Read more

Do NGOs have a Place in Conflict Resolution? Are They Really Neutral? Are Military PRTs the Answer?

February 15, 2013 Free Content, International Relations, Prevent/Contain Intl. Conflicts No comments

(C) Kapok Tree Diplomacy. 2010. All rights reserved. Jeff Dwiggins. FREE CONTENT

NGOs are essential to conflict resolution in as much as they possess the necessary skills, knowledge, personnel and experience to help resolve the conflict and the context is favorable to their participation. Certainly, the traditional role of the NGO has changed in nature from one of purely humanitarian relief to one that includes the roles of civil society builder and peace broker. This role transformation challenges the NGO’s assertion of neutrality and inviolability. Pamela Aall lists certain conditions that must exist prior to NGO conflict resolution intervention, saying NGOs must have:

·   Knowledge of the country and the regional institutions involved (14)

·   Indigenous partners (14)

·   Good knowledge of conflict mediation skills (14)

·   Inherent understanding of the personal risks involved (14)

David Baharvar explains, “The basic mission of the major NGOs devoted to international ethnic conflict resolution is to transform the way that torn societies deal with a conflict and to improve the process of conciliation. Their efforts typically are focused on capacity-building: consultation, dialogue, and training in conflict resolution for people on all sides of an ethnic conflict” (2001).

The posts, views and opinions expressed on this site are completely my own and do not represent the views or opinions of the Department of Defense (DoD), the Department of the Navy (DON) or any of the Armed Forces.  Read more

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