Political Violence and the International Community : Developments in International Law and Policy

Are civil conflicts and coups d'etat matters of international concern, or questions of national interest only? How can the increasingly common practice of condemnation and intervention by the United Nations and individual States into situations of extreme political violence be understood? Will civil conflict one day be considered illegal under international law, in the same way as international war? Offering a penetrating analysis that unpacks the relationships between political violence, international policy and international law, and explores international practice in more than 30 civil conflicts, this book challenges many assumptions we hold about the dividing line between domestic and international affairs, whether democracy is an international norm, and how long the international community is prepared to sit on the sidelines and allow ruthless political violence to determine political leadership in nations. This book fills an important void and captures the complexities and tensions inherent in an area where practice has moved faster than theory, and pragmatism clashes with idealism. Table of Contents 4 About the Author 8 Acknowledgments 10 List of Abbreviations 12 Chapter 1: Introduction 14 A. A Shifting Understanding of Sovereignty 16 B. International Norms, Law, and Policy 19 C. Civil Conflict and Coup d'État Under International Law 25 1. Civil Conflict and Coup d'État Defined 27 2. Intervention Prohibited 31 3. Self-Determination and Secession 32 4. Humanitarian Laws in Armed Conflict 34 5. Coup d'État 35 D. Outline 36 Chapter 2: Methodological Issues 38 A. An Appropriate Customary Law Methodology 38 1. Legal Methodology and the Emergence of Human Rights Customary Law Norms 38 2. Elements of the Customary Law Context 43 a. Whose Practice Is Relevant? 43 b. Condemnation Followed by Sanctions 45 c. Verbal Acts and Physical Actions 48 d. A Question of Consent? 50 e. Inconsistent Practice 51 3. International Law and Non-State Actors 52 B. The Normative Impact of Security Council Practice 54 1. The Relevance of Resolutions 55 a. Textual Interpretation 55 b. When Are Resolutions Binding? 56 i. Non-Chapter VII Resolutions 57 ii. Resolutions Addressed at Parties vs. U.N. Members 58 iii. Non-State Actors? 60 2. The Security Council and Customary Law 62 a. The Approach of the Court and Commentators 62 i. The International Court of Justice 62 ii. The View of Commentators 63 b. Evidence of Practice and Opinio Juris of States 65 i. The Practice of an International Organization 66 ii. Analogy with the General Assembly? 67 iii. Authority of the Council 68 iv. Seriousness and Binding Nature of Resolutions 70 v. Decision-Making Body 71 vi. Consequential Practice of States Under Resolutions 72 c. Conclusion 73 3. Quasi-Legislative Impact 74 a. Quasi-Judicial 74 b. Explicit Quasi-Legislative Determinations 76 c. Implicit Quasi-Legislative Prohibitions? 78 i. Ad Hoc Policy or Binding Prohibitions? 78 ii. Council Sanctions and Illegality 80 d. Conclusion 83 4. Shaping International Policy 83 a. Crystallizing the Opinion of the International Community 83 b. Shaping the Practice of States 84 5. Conclusion 85 Chapter 3: The Security Council Response to Extreme Political Violence 86 A. The Legal Framework 86 1. Pacific Settlement of Disputes 87 2. Intervention Under Chapter VII 88 3. Peace-Keeping Forces 90 B. The Practice of the Council 91 1. Rejecting Violence to Resolve Political Disputes 92 a. Overview of the Practice 93 i. The Balkans 94 ii. Kosovo 99 iii. Former Yugoslav Republic of Macedonia 101 iv. Other Practice 102 v. Contrary Practice 108 vi. Rejecting Violent Breach of a Cease-Fire or Peace Agreement 113 b. Ad Hoc Response to a Threat to International Peace and Security or Binding Principle? 120 c. Conclusion 129 2. Rejecting Political Violence Against a Democratically Elected Government 130 a. Overview of the Practice 130 b. Analysis 135 3. An Obligation to Resolve Conflicts Peacefully? 137 a. Overview of the Practice 137 b. Analysis 141 4. Rejecting Violence Against Civilians 144 5. Conclusion 152 Chapter 4: The Response of States and Regional Organizations 154 A. Sierra Leone 154 1. Prohibition on Violence Against a Democratically Elected Government 157 a. Condemnation of the Coup and Calls for the Junta to Step Down 158 b. Sanctions Against the Rebels 161 c. Forceful Intervention 162 2. Prohibition on Recourse to Violence to Resolve Political Disputes 165 3. Prohibition on Violence Against Civilians 166 4. Summary 167 B. Côte D'Ivoire 168 1. Prohibition on Violence Against a Democratically Elected Government 171 2. Prohibition on Recourse to Violence to Resolve Political Disputes 174 3. Prohibition on the Breach of a Peace or Cease-Fire Agreement 176 4. Prohibition on Violence Against Civilians 177 5. Summary 179 C. Liberia 182 1. Prohibition on Violence Against a Democratically Elected Government 185 2. Prohibition on Violence Against Civilians 186 3. Prohibition on Recourse to Violence to Resolve Political Disputes 189 4. Prohibition on the Breach of a Peace or Cease-Fire Agreement 192 5. Summary 193 D. The A.U. and ECOWAS Security Treaties 194 1. Prohibition on Violence to Resolve Political Disputes 197 2. Prohibition on Violence Against Civilians 198 3. Prohibition on Violence Against a Democratically Elected Government 199 4. Summary 200 E. Conclusion 201 Chapter 5: The Nature and Impact of the Emerging Norms 204 A. The Domestic Nature of Civil Conflicts? 204 B. Prohibition on Political Violence Against a Democratic Government 207 1. The Impact of the Norm 214 C. Prohibition on Violence to Gain Political Power? 217 1. A Broad Support 221 D. Realpolitik and Normative Trends 223 1. Implied Exceptions 227 2. Ethical and Political Rationales 228 Appendix 1: Security Council Practice in Civil Conflicts 230 Appendix 2: Table of Security Council Interventions and Consent 394 Appendix 3: Rationale for Non-Intevention in Conflicts 404 Bibliography 412 Table of Security Council Resolutions 434 Index 448 1571053743,9781571053749 Martinus Nijhoff Publishers "Developments in International Law and Policy: Political Violence and the International Community" considers how the international community practice of responding to political violence has influenced the international law perspective