CONFLICT SITUATIONS AND WAYS TO RESOLVE CONFLICTS

ADEJUMOKE ADEGBONMIRE

2015

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Table of Contents

1.1 What brings about conflicts?

1.2 How do conflicts originate?

1.3 Types of Conflicts:

Human Conflict

Ethnic Conflict

Religious Conflict

Resource Conflict

Political Conflict

Civil Conflict

1.4 Why is it necessary to resolve conflict?

Adverse effects of conflict

1.5 How do you resolve conflicts: third party intervention

Mediation

Conciliation

Arbitration

Negotiation

Judicial settlement in court system

Peacekeeping

Peace Agreements

Amnesties

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Conflict situations: Types and Ways to address conflicts

1.1 What brings about conflicts?

Conflict has become a natural and inevitable part of human life. It is certain that conflicts will

always arise as long as humans have different goals, interests and pursuits in life. Through the

passage of time humans have had to wrestle daily with conflict issues. Conflicts is often

associated with concepts related to antagonistic interests, misunderstanding, competition,

logically irreconcilable interest and goals, opposing tensions, rivalry, political manoeuvres, and

game behaviour. While all these behaviours and attitudes may accompany, influence, and

provide sources of conflict, most social scientists believe that none of these terms is a synonym

for conflict, nor are these factors a sufficient precondition for conflict.1 This means conflicts

can include all forms of agreements and disagreements. In the broadest sense, it involves the

inability of parties to reach a mutually acceptable agreements. It relates to all levels of conflicts

between individuals, within families, communities, organizations or States even between

animals.2 Conflict has been in existence since the creation of man. In the Garden of Eden,

conflict occurred between God, Adam and Eve because the latter failed to obey the ordinance

of God. As a result of the disobedience of Adam and Eve, their relationship with God was

adversely affected. In legal terms, Law has it that, there is a right to expect obedience and others

have an obligation to obey.3 But this is not always the case.

Conflicts can also arise as a result of an individual not being able to adjust to societal norms.

This anti-social behaviour can stem from inability to conform to the social environment.

Sociologists have been greatly concerned with the socialization of the individual into the norms

of society.4 A contributory factor to conflict is the inherent nature of humans and animals that

is, the flight or fight tendencies. Humans or animals exhibit these tendencies when faced with

danger or anything that threatens their existence. The fight tendency is usually accompanied

by an aggressive behaviour which prompts a conflict with the invader. Conflict can also happen

when one party imposes its will on the other side. The conflict that arises from this form of

1 R.W. Mark and R.C. Snyder, ‘The Analysis of Social Conflict—Toward an Overview and Synthesis’ in C.G.

Smith (ed) Conflict Contribution: Contribution of the Behavioural Sciences, (1971 Uni. Of Notre Dame Press),

Notre Dame Indiana, 3-35. 2 Susanne Buckley-Zistel, ‘Violent Conflict and their Termination’ in Conflict Transformation and Social Change

in Uganda: Remembering after violence (Palgrave/Macmillan, Basingstoke 2008) 13. 3 John W. Burton, ‘Conflict Resolution: The Human Dimension’ (January 1998) vol. 3(1) The International

Journal of Peace Studies. 4 ibid.

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imposition does not necessarily generate a negative impact it can sometimes lead to the

development of human beings, their survival and even new changes in life. One of the most

prevailing misperceptions is that conflict is “bad”, “destructive”, a negative phenomenon which

should be eliminated or avoided at all cost. This misperception must be dispelled as one

discovers that there can be many positive functions and consequences of conflict experiences.

Depending on the deconstruction of the conceptual meaning of conflict, it can change

unfavourable circumstances into cooperative, positive and relatively peaceful paths. For

example the clamour for self-determination and independence by many colonised entities

resulted in many independent States. Some of these independent entities disagreed with their

colonial administrative offices before they gained independence from them.5 Conflicts can also

be classified as small (micro) group or large (macro) group conflicts. And conflicts maybe

realistic or unrealistic.6 Every conflict is unique but can also be similar to other conflicts.

1.2 How do conflicts originate?

Conflict develops when disputes escalate beyond the control of the parties involved. The

elements of conflict are deeply embedded in the human psyche. It is probably no exaggeration

to suggest that it is part of the condition of virtually all forms of life.7 Conflict is inevitable

amongst human species. Even the desire for improvement can generate conflict as this is

attainable only at the expense of others. The basic human needs ranges from physical to

spiritual needs and these needs are not negotiable. These human needs are universal. Every

human being demands the satisfaction of these needs as they are common to all of us. The lack

of satisfaction or suppression by those expected to satisfy these needs is a major source of

conflict. Conflicts can also originate from stereotypes and prejudice against people of other

5 The Algerian War of Independence led by the National Liberation Front (Front de Libération Nationale, LFN)

fought and gained independence from France colonists in 1962; 1947 marks India’s Independence from the British

Empire. This was the end of the British rule and partition of the country into Hindu India and Muslim State of

Pakistan; Nigeria gained its Independence from British Rule in 1960 but did not become a Federal Republic until

1963; The Declaration of Independence established United States of America’s independence from British

colonial rule in 1776; In 1961 South Africa declares itself a Republic from British Rule under the National Party

(the white Afrikaners). The National Party (NP) adopted an apartheid system in 1948. After 46 years of Apartheid

Rule, the first universal election which included voting by all races within the country took place in 1994. The

African National Congress (ANC) wins the first non-racial elections. 6 Madeleine Leininger, ‘Conflict and Conflict Resolution’ (February 1975) Vol. 75 No. 2, The American Journal

of Nursing, 293. 7 H.H.A Tony Cooper, ‘What is Conflict?’ (September 2008) 3:1 Journal of Police Crisis Negotiations, 85-100.

As Huntington argued, ‘Conflicts easily materialize when any one value is taken to an extreme: majority rule

versus minority rights; higher law versus popular sovereignty; liberty versus equality; individualism versus

sovereignty. See Samuel P. Huntington, American Politics: The Promise of Disharmony (Cambridge

Massachusetts: Harvard University Press 1981) 16.

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race or ethnicity. The struggle to maintain one’s identity in the face of aggression from a more

predominant race can escalate into mass violence and chaos. Conflict is also a consequence of

poor governance, presence of an illegitimate government, absence of the rule of law, and the

denial of individual rights.

A short synopsis of various human conflicts stemming from internal and external strife will

show that conflicts can originate from different sources. These conflicts spring from variances

in the relationships between various groups or between citizens and their State leaders. Humans

have always been engaged in conflicts as far back as the Old Kingdom of Pharaohs and

dynasties. Some Egyptologists attribute the sudden collapse of the Old Kingdom of Egypt to

the long reign of Pepy II. His long reign is regarded as the underlying root cause of the struggle

for power amongst his sons.8 The Roman Empire revolution occurred through a century of

constant civil strife, and sometimes open warfare.9 Contemporaries who lived through the third

century upheavals looked back on the previous ages as one of peace and prosperity, but in

reality, it could be said that Rome had lurched from crisis to crisis ever since its foundation in

753 BC. Two of the most serious threats to the empire in the third century were the

developments taking place among the tribes of the northern frontiers beyond the Rhine and

Danube, and the growth of a formidable centralising power in the East.10 The dispute that led

to the American Civil War (1861-1865) occurred between the American Northern and Southern

States (free and Slave States). The conflict stemmed from uncompromising differences

between the free and slave States over the power of the national government to prohibit slavery

in the territories that had not yet become States.11 The Southern States (Slave States) decided

to secede and form their own nation, the ‘Confederate States of America’.12 Northern States

refused to recognise secession by the Southern States because they feared that it would

undermine the democratic system and eventually fragment the United States into small

squabbling countries. The American Civil War was the largest and most destructive conflict in

the Western world between the end of the Napoleonic Wars in 1815 and the onset of World

8 Fekri Hassan, ‘The Fall of the Egyptian Old Kingdom’ (February 2011) Institute of Archaeology, University

College London. www.bbc.co.uk/history/ancient 9 Mary Beard, ‘Roman Revolution’ (March 2011) University of Cambridge. See also M Beard and M Crawford,

Rome in the Late Republic (2nd Edn Duckworth 1999); A Wallace-Hadrill (Bristol Classical Press, Duckworth

1998). www.bbc.co.uk/history/ancient/romans 10 Pat Southern, ‘Third Century Crisis of the Roman Empire’ (17 February 2011). See also A.King and M.Henig

(eds.) ‘The Roman West in the Third Century’ (2 Volumes 1981) Oxford: British Archaeological Reports S109;

J.B. Campbell, The Emperor and the Roman Army 31 BC to AD 235 (Routledge 1984). 11 www.civilwar.org/education/history/civil-war-overview/overview.html 12 ibid.

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War Ι. 13 The assassination of the Archduke Franz Ferdinand and his wife on 28 June 1914

served as a catalyst for World War Ι (1914 − 1916).14 The assassination only fuelled pre-

existing animosities15 widening from a European war to a global conflict.16 The invasion of

the Soviet Union by Germany under Hitler’s command culminated in World War ΙΙ. 17 The

Second World War saw the ensuing Nazi occupation regime last from 1941 until 1944 , the

occupation lasted longer in the Western regions of Europe compared to the Eastern parts.18 As

observed by Charles Tilly, popular violence is often a reaction to tyranny.19 Non-state actors

instigated Latin American Revolutions, the resistance came from guerrilla armies who opposed

the rule of dictators and oligarchs.20 The insurrection and counter-revolution in the region was

influenced by the predominance of nationalist movements.21 The conflict in Bosnia and

Herzegovina (BiH) stemmed from inter-ethnic tensions between Bosnians, Croats and Serbs.22

13 ibid. 14 The Heir to the Austro-Hungarian Empire was assassinated along with his wife Sophie Chotek by Gravilo

Princip on a State visit to Bosnian capital of Sarajevo. Gravilo Princip was backed by Serbian Nationalist

Organisation, ‘the Black Hand’. The World War I started in Europe on 28 July 1914 and involved soldiers from

different parts of the world joining the military personnel of the two alliances: the Allies (Triple Entente: United

Kingdom, France, Russia) and the Great Powers (Austria-Hungary & Germany). The unmet demands in the

ultimatum issued by Austria-Hungary to Serbia triggered the war. The latter declared war on Serbia on 28 July

1914. www.bbc.co.uk/timelines/ 15 For events leading to the First World War see Niall Ferguson, ‘Germany and the Origins of the First World

War: New Perspectives’ (September 1992) The Historical Journal, vol. 35 (3) 729. For climax into a global war

see Hew Strachan ‘The First World War as a global war’ (2010) vol. 1 (1) First World War Studies, 3-14; For

public reactions to the war see Stuart Hallifax, ‘Over by Christmas’: British popular Opinion and the short war in

1914’ (2010) vol. 1 (2) First World War Studies, 103-121. 16 Niall Ferguson (September 1992) n15, 725-752. 17 Chris Bambery Second World War: A Marxist Theory (Pluto Press 2014). For the effects of World War II on

the 21st Century see Barbara A. Biesecker, ‘Remembering the World War II: the rhetoric and politics of national

commemoration at the turn of the 21st century’ (2002) vol. 88 (4) Quarterly Journal of Speech, 393-409; Murry

R. Nelson, ‘Some Possible Effects of World War II on the Social Studies Curriculum’ (1986) vol. 14 (4) Theory

and Research in Social Education, 267-275; Lina Klymenko, ‘World War II in Ukrainian school history textbooks:

mapping the discourse of the past’ (2014) vol. 44 (5) Compare: A Journal of Comparative and International

Education, 756-777. 18Ivan Katchanovski, ‘The Politics of World War II in Contemporary Ukraine’ (2014) vol. 27 (2) The Journal of

Slavic Military Studies, 212; For German Occupation and control in Eastern Europe see Ieva Zake, ‘The Secret

Nazi Network’ and the Post World War II Latvian Émigrés in the United States’ (2010) vol. 41 (1) Journal of

Baltic Studies, 92 & 95, 91-117. 19 Charles Tilly, The Politics of Collective Violence (New York: Cambridge University Press, 2010). 20 For studies on the root causes on how Latin America fell into a cycle of violence see Greg Grandin and Gilbert

M. Joseph (eds.) A Century of Revolution: Insurgent and Counterinsurgent Violence during Latin America’s Long

Cold War (Durham NC: Duke University Press 2010); Paul Drinot (ed.) Che’s Travels: The Making of a

Revolutionary in 1950s Latin America (Durham NC: Duke University Press 2010). 21Nationalist movements: Unión Cívica Radical (Argentina); Partido Revolucionario Auténtico (Cuba);

Movimiento Nacionalista Revolucionario (MNR Bolivia); Alianza Popular Revolucionaria Americana (Peru);

Partido Guatemalteco del Trabajo (PGT Guatemala). See also Vanni Pettina, ‘The Shadows of Cold War over

Latin America: the US reaction to Fidel Castro’s nationalism, 1956-59’ (2011) vol. 11 (3) Cold War History, 322-

323, 317-339; Greg Grandin and Gilbert M. Joseph (n 20). 22 Bosnian War (1992-1995). Bosnia used to be one of the constituent republics of Yugoslavia but gained

independence in 1992. Prior to the war, the population was 4.3 million with 44% Muslim, 31% Serbs, 17% Croat,

6% mixed and 2% other. The 1995 General Framework Agreement for Peace in Bosnia and Herzegovina (the

Dayton Accords) created the independent State Bosnia and Herzegovina. The agreement also created two multi-

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Ethnic differences were used to justify the war and remained a powerful political force in the

country.23 Qualitative research by Janine Clark showed that the conflict has elements of

unresolved issues dating back to the era of the Ottoman rule and the Second World War.24

Unresolved issues from past atrocities can deepen the desire for revenge. Revenge ‘is the

arbitrary, narcissistic exercise of violence in which there is no accountability except to oneself

and to a personal memory of the dead’.25 The 1994 Rwanda conflict was also an inter-ethnic

conflict between two major tribes— the Tutsis and the Hutus.26 The genocidal retaliation by

the Hutus towards the Tutsis was so quick that approximately 200,000 Tutsis were killed in the

first two weeks of the conflict.27 The last two conflicts comprised of genocidal intents and

ethnic rivalries. Conflicts can evolve from competing interests.28 The political conflict in

Sierra-Leone was between the government forces Sierra Leone Army (SLA)/Armed Forces

Revolutionary Council (AFRC) and the Revolutionary United Front (RUF) rebel group over

the need to control economic opportunities in Kono district. The conflict lingered for more than

9 years due to the illicit trade in diamonds and the inability of the government to establish the

ethnic constituent entities within the State: the Federation of Bosnia and Herzegovina (the Federation) and the

Republika Srpska (RS). The Federation has a postwar Bosnian Muslim (Bosniak) and Croat Majority while the

RS has a postwar Bosnian Serb Majority. See ‘Bosnia-Herzegovina’, Ann. Hum. Rts. Rep. Submitted to Congress

by U.S. Dep’t of St. (1996) 1204-1229; Susan Woodward, Balkan Tragedy: Chaos and Dissolution After the Cold

War (Brookings Institution Press 1995) 33; Zlatan Meškić and Nezir Pivić ‘Federalism in Bosnia and

Herzegovina’ (2011) 5(4) Vienna Journal on International Constitutional Law 597-617. See also Janine Natalya

Clark ‘Genocide, war crimes and the conflict in Bosnia: understanding the perpetrators’ (2009) 11(4) Journal of

Genocide Research, 425. 23 Bosnia-Herzegovina (1996) n22, 1223. See also Paul C.Szasz, ‘Bosnia and Herzegovina & Kosovo’ (2000) 94

Am. Soc’y Int’L Proc. 298; Elizabeth M.Cousens, ‘Making Peace in Bosnia Work’ (1997) 30(3) Cornell

International Law Journal, at 794, 796-797, 789-818; I.Filice, C.Vincent, A.Adams and F.Bajramovic, ‘Bosnia-

Herzegovina: Cultural Profile’ (1994) 6(3) International Journal of Refugee Law 425-443. 24 Janine Natalya Clark, ‘Limits of Retributive Justice’ (2009) 7 Journal of International Criminal Justice, 469-

470. 25 J. Borneman, ‘Reconciliation After Ethnic Cleansing: Listening, Retribution, Affiliation’ (2002) 14 Public

Culture, 288. 26 In 1959, as the decolonization process began, there was a Hutu rebellion against Tutsi landowners. After Tutsi

reprisals, the Belgians turned Rwanda over to Hutu rule. During the early years of independence, tens of thousands

of Tutsi were killed in genocidal episodes. In fear of Hutu rule, the Tutsi began to flee until eventually 400-

500,000 were refugees, mainly in Uganda. See Rhoda E. Howard, ‘Civil Conflict in sub-Saharan Africa: internally

generated causes, (1995-1996) 51 Int’l J. 35, 36. For Historical background on the Rwanda Conflict see Alan J.

Kuperman, ‘Provoking genocide: a revised history of the Rwandan Patriotic Front’ (2004) 6 (1) Journal of

Genocide Research at 63-78, 61-84. See also Staub Straus, The Order of Genocide: Race, Power and War in

Rwanda (Ithaca: Cornell University Press, 2006). 27 Alan J. Kuperman (2004) n26, 78. ‘We seemed like animals because we no longer resembled the human beings

we had once been, and the Hutus—they had grown used to seeing us as animals. They tracked us like that. They

had robbed Tutsis of their humanity in order to kill them more comfortably’. See J. Hatzfiled, Life Laid Bare: The

Survivors in Rwanda Speak (New York: Other Press 2006) 103. See also L.A. Fujii, ‘Transforming the moral

landscape: the diffusion of a genocidal norm in Rwanda’, (2004) vol. 6(1) Journal of Genocide Research, 99-114;

C. Mironko, ‘Ibitero; means and motive in the Rwanda genocide’ in S.E. Cook (ed.) Genocide in Cambodia and

Rwanda: New Perspectives (New Brunswick: Transaction Publishers 2006), 163-189. 28 Paul H. Brietzke, ‘Self-Determination, or Jurisprudential Confusion: Exacerbating Political Conflict’ (1995-

1996) 14 Wisconsin International Law Journal, 77.

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rule of law.29 The film ‘Blood Diamond’ really depicts the influence of this economic resource

on the conflict in Sierra-Leone. The film portrayed the negative impact the mining of diamonds

from the Kono district had on the elongation and resolution of the war.30 The illegal mining of

diamonds prompted the international community to alert customs and immigration services to

prevent the import of diamonds from conflict areas.31 Globally, the Advent of the 9/11 Attacks

raised the alert level for acts of terrorism.32 The 9/11 attacks by Al-Qaeda redefined issues on

national security law and policies as well how the West perceived conflicts with religious

agendas.33 At present, there is an existing conflict surrounding the annexation of the Crimean

Peninsula. Russia is claiming to have de jure authority over the territory but Ukraine claims

that it has de jure authority as opposed to Russia’s claims over the territory. In spite of

Ukraine’s stance Russia is exercising a de facto authority over the Peninsula.34 It can be

deduced that conflicts can originate from disagreements of any form. It can be between two

29 Lisa Danish, ‘Internationalizing Post-Conflict Justice: the “Hybrid” Special Court for Sierra Leone’ (2005) 11

Buff. Hum. Rts. L. Rev. at 104, 89-105. See also Iryna Marchuk, ‘Confronting Blood Diamonds in Sierra Leone:

the Trial of Charles Taylor’ (Summer 2009) vol. 4(2) Yale Journal of International Affairs, 87-99; Paul Richards,

‘War and Peace in Sierra Leone’ (2001) 25 Fletcher F. World Aff. At 41. 30 Blood Diamond (2006). See also the Kimberley Process (KP) is a joint governments, industry and civil society

initiative to stem the flow of conflict diamonds—rough diamonds used by rebel movements to finance wars

against legitimate governments. Kimberley Process Certification Scheme (KPCS), www.kimberleyprocess.com

See also the arrest of Michel Desaedeleer, a Belgian citizen for profiting from the illicit trade of “blood diamonds”

during the civil that ravaged Sierra Leone between 1991 and 2002, Tim Lister, ‘Blood Diamonds arrest sheds light

over grim African trade’ CNN Edition (August 31, 2015); Aryn Baker & Lynsey Addario, ‘Blood Diamonds’,

TIME (27th August, 2015), www.time.com/blood-diamonds 31 For both diamonds and the DRC-linked conflict minerals governance approaches have concentrated on

developing international certification and due diligence schemes that prevent raw materials sourced in conflict-

affected regions from entering international supply chains. Under intense pressure from International NGOs and

campaigning organizations such as Global Witness, extensive monitoring and enforcement mechanisms have been

established, including both intergovernmental and intra-industry efforts. See Paul Stevens, Jaakko Kooroshy, Glad

Lahn and Bernice Lee ‘Conflict and Coexistence in the Extractive Industries’ (November 2013) A Chatham House

Report, 88. See also Roy Maconachie, ‘Diamonds, governance and ‘local development’ in post-conflict Sierra-

Leone: Lessons for artisanal and small-scale mining in sub-Saharan Africa? (2009 34 Resources Policy, 71-79. 32 11 September 2001, the terrorist group known as Al-Qaeda attacked American citizens on the U.S. territory.

The Twin Towers at the World Trade Center, New York and the West Wall of the Pentagon, North Virginia were

hit by hijacked American Airlines (American Airlines Flight 11 and United Airlines flight 175; American Airlines

Flight 77). The fourth airplane, United Airlines Flight 93 heading for the white House was diverted due to a

struggle between the passengers and the hijackers. It crashed in Shanksville, Pennsylvania. In response George

Bush II declared a ‘War on Terror’ on that same day. Osama Bin Ladin the head of Al-Qaeda claimed

responsibility for the attacks. Over 2,000 American Citizens lost their lives including firemen and police officers.

See 9/11 Commission Report, www.9-11commission.gov/report/911Report.pdf; See also Andrew Garwood-

Gowers, ‘Self-Defence Against Terrorism in the Post-911 World’ (2004) vol. 4(2) Queensland University of

Technology Law and Justice Journal, 1-18; Louis Klarevas, ‘Trends in Terrorism Since 9/11: Is terrorism still a

threat to the United States’ (2011) 12 Geo. J. Int’l Aff. 76-88; Hathaway Oona, ‘Power to Detain: Detention of

Terrorism Suspects after 9/11’ (Winter 2013) vol. 38(1) Yale Journal of International Law, 123-178. 33 See Setty Sudha, ‘What’s in a Name-How Nations Define Terrorism Ten Years After 9/11’ (Fall 2011) vol.

33(1) University of Pennsylvania Journal of International Law, 1-64. 34 Michael Bothe ‘The Current Status of Crimea: Russia Territory, Occupied Territory or What?’ (2014) 53 Mil.

L. & L. War Rev. 99-116; Sezai Ӧzçelik, ‘The Preventive Diplomacy, Conflict Prevention and Ethnic Conflicts

in the Black Sea Region: The Case of the Crimean Tartars’ (2005) 1(4) Review of International Law Politics 103-

04, 102-123.

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people or a small group of people or on a larger scale where issues of international peace and

security comes into play. This synopsis shows that conflicts can graduate from a micro level to

a macro level. Though conflicts does not always have to end in disagreements as there can be

many positive functions and consequences of conflict experiences.35 It is evident that conflicts

originate from social, ethnic, economic and political matters resulting in a combination of

psychological, structural and social issues. It is necessary to look at some of the different types

of conflicts in order to enrich the debates on the causes of conflicts and the way to resolve them

by peaceful means.

1.3 Types of Conflicts

According to Folger and Poole and Stutman, conflict is the interaction of interdependent people

who perceive incompatible goals and interference from each other in achieving those goals.36

Conflict can also mean a perceived divergence of interest, or a belief that the parties’ current

aspirations cannot be achieved simultaneously.37 As observed by Wall, conflict is a process in

which two or more parties attempt to frustrate each other’s goal attainment. The factors

underlying conflict are threefold: interdependence, differences in goals, and differences in

perceptions.38 Conflict situations are essentially bargaining situations in which the ability of

one participant to gain his ends is dependent to an important degree on the choices or decisions

that the other participant will make.39 These various definitions point to the fact that conflict is

context-specific, multidimensional and multicausal.

35 Conflict is a normal element of organization life. Disputes are (generally) not caused by “bad” people who are

trying to be “difficulty”. Rather, they result from people with good intentions having differing ideas about how to

accomplish shared goals, disagreements, over which goals are worth attaining, and threats to livelihood,

productivity, resources, power and dignity that result from such disagreements, See

https://www.ohrd.wisc.edu/home/HideATab/LeadershipManagementDevelopment/ConflictResolution/AboutCo

nflict/Defintions/tabid/226/Default.aspx 36 Joseph P. Folger, Marshall Scott Poole and Randall Stutman, ‘Working through conflict: Strategies for

relationships, groups and organizations’ (New York: Harper Collins 3rd edition, 1997) 4. 37 Dean G. Pruitt, Jeffrey Z. Rubin and Sung Hee Kim, ‘Social Conflict: Escalation, Stalemate and Settlement

(McGraw-Hill Higher Education 3rd Edition 2004) 5. 38 J. A. Wall, ‘Negotiation Theory and Practice’ (Glenview, Scoff, Foresman, Illinois, 1985). Conflict is an

interactive state in which the behaviours or goals of one actor are to some degree incompatible with the behaviours

or goals of some other actor or actors. See J.T. Tedeschi, B.R. Schlenker and T. V. Bonoma, ‘Conflict, Power and

Games: The Experimental Study of Interpersonal Relationships’ (Transaction Publishers 1973). In a conflict

situation each party attempts to destroy, injure, thwart, influence or control the behaviour of another party. See R.

Sidaway, ‘Outdoor Recreation and Nature Conservation: Conflicts and their Solution’ (1996 PhD Dissertation)

University of Edinburgh, Edinburgh, United Kingdom (UK). 39 Thomas C. Schelling, ‘The Strategy of Conflict’ (Harvard University Cambridge, Massachusetts 1960) 5.

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A conflict might be between States (interstate conflict), between a State and one or more groups

residing within the territory of the State (intrastate conflict also known as ‘civil conflict’),

between a State and a transnational terrorist organisation, colony, or external non-state actor

(extra-state conflict), or between non-state groups (non-state conflict).40 The root causes of

conflicts includes political differences, economic and social inequalities, ethnic and religious

diversity, poverty.41 The root causes of conflicts can be termed as the basis of conflict—the

deed or condition that led to the hostility between the parties to the conflict.42 This section will

discuss some types of conflicts that exist between human interactions.

Human Conflict

As humans we possess different DNAs43 and genetic traits.44 But despite the differences in

nongenetic traits and expression of hereditary character, humans still have to coexist. Humans

are aware they have to coexist with their fellow human beings in order to procreate and survive.

In order for there to be a continuity in their interactions, they need to avoid being rivals or

adversaries. But individual competition and social dominance45 does not always allow for this

flow of interactions. As a result, conflicts arises due to perceived threats to interests, needs and

concerns. Conflicts between humans will likely occur anytime there is a break in

communication or a perceived threat to needs. Usually at the root of each conflict one may

discover a fundamental lack of communication between groups or individuals, or a situation

that was handled poorly due to miscommunication.46 In some instances, the cause of the

conflict had nothing to do with the competency of any individual to perform the requirements

40 Charles H. Anderton & John. R. Carter, ‘Conflict Datasets: A primer for academics, policy makers and

practitioners’, (2011) vol. 22 (1) Defence and Peace Economics, 21-42. Intra-personal conflict: conflict within

self, Inter-personal conflict: conflict between two persons, Intra-group conflict: conflict within a group, Inter-

group conflict: conflict between two groups, Intra-national conflict: conflict within a nation/country, International

conflict: conflict between two countries. See Ayokunle Fagbemi, Chukwuemeka B. Eze and Ifeanyi Okechukwu,

Conflict Monitoring in Nigeria: Developing Civil Society Action for Early Warning and Early Response (West

Africa Networks for Peacebuilding, WANEP Nigeria, 2004)180. 41 F. Stewart, ‘Crisis Prevention: Tackling Horizontal Inequalities’ (2000) 28 Oxford Development Studies 245-

62. 42 Vilhelm Aubert, ‘Competition and Dissensus: Two Types of Conflict and of Conflict Resolution’ (March 1963). 43 DNA: deoxyribonucleic acid (DNA), a substance carrying genetic information that is found in the cell nuclei

of nearly all organisms. See Oxford English Dictionary (11th Edition OUP, 2013). 44 Genetics: relating to genes or heredity; relating to genetics. Genetics is the study of the way inherited

characteristics are passed from one generation to another. See Oxford Dictionary (11th Edition). 45 ‘Inequalities embedded in the social structure lead to violence and conflict unless those underlying inequalities

are solved, then violence will continue’. See Johan Galtung, ‘Peace, Violence and Peace Research’ (1969) Journal

of Peace Research, 167-191. 46 Raquel J. Gabriel, ‘Managing Conflict’ (Fall 2011) vol. 103(4) Law Library Journal, 685-66.

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of a position, but instead with the inability of one party to understand the priorities or

expectations of the other, or perhaps with the pressures on a particular individual at the time.47

Conflict occurs because of difference in values, beliefs and interests, ambiguity over

responsibility and authority, poor communication, and unwillingness to respond to social,

political, cultural, technological, economic and social changes.48

Ethnic Conflict

Ethnic conflict is common all over the world because people are divided along racial, national,

tribal, linguistic, religious or caste basis.49 Ethnicity is used in two different ways. In the

narrower, popularly understood sense, ethnic groups are racial or linguistic groups.50 The broad

meaning is that all conflicts based on ascriptive (birth-based) group identities, real or

imagined—race, language, religion, tribe or caste—can be called ethnic.51 Owing to the fact

that ethnic groups are divided along racial and linguistic identities, they will definitely exhibit

different preferences in the way they relate with each other. Which means they are

heterogeneous in composition. Ethnic groups are generally not internally homogeneous and

cannot be expected to have uniformly distributed political preferences.52 Ethnic groups can be

perceived as extended kin groups.53 The members of an extended ethnic group tend to favour

their group members over non-group members because they are more related to their group

members than to the reminder of the population.54 The members of the same ethnic group tend

to support each other in conflict situations. Our tendency to favour kin over non-kin has

47 ibid. 48 Bishnu Raj Upreti, ‘Resource Conflicts and Conflict Resolution in Nepal’ (February 2004) vol. 24(1)

Mountain Research and Development, 60. 49 In the past three decades, ethnic conflict has become the prevalent type of civil war. See James D. Fearon &

David D. Laitin, ‘Ethnicity, Insurgency, and Civil war’ (2003) 97(1) American Political Science Review, 75-90.

On the differences between an ethnic conflict by an ethnic group and an ethnic conflict by an ethnic political

organization see Victor Asal & Jonathan Wilkenfeld, ‘Ethnic Conflict: an Organizational perspective’ (2013) vol.

2(1) Penn State Journal of Law and International Affairs, 91-102. 50 Ashutosh Varshney, ‘Nationalism, Ethnic Conflict, and Rationality’ (March 2003) 1(1) Perspectives on Politics,

86. 51 ibid. 52 Camber T. Warren and Kevin K. Troy, ‘Explaining Violent Intra-Ethnic Conflict: Group Fragmentation in the

Shadow of State Power’ (2015) 59(3) Journal of Conflict Resolution 487. 53 Tatu Vanhanen, ‘Domestic Ethnic Conflict and Ethnic Nepotism: A Comparative Analysis’ (January 1999)

36(1) Journal of Peace Research, 57. 54 Ethnic groups are often polarized among themselves, over, for example, strategies to pursue in competitive

situations with other ethnic groups, over leadership succession, all leading to fractures and, in many cases, the

emergence of subethnic or even newly constructed ethnic groups within them. See Tatu Vanhanen (1999). See

also Adele L. Jinadu, ‘Explaining and Managing Ethnic Conflict in Africa: Towards a Cultural Theory of

Democracy’ (2004) 9 African Journal of Political Science, 8.

11

extended to include large linguistic, national, racial, religious and other ethnic groups.55 These

divisions within ethnic groups tend to explain why conflicts takes place along ethnic lines

thereby hampering a strong national identity.56 An ethnic conflict is a conflict in which at least

one rebel organization in an internal conflict explicitly or implicitly claims to represent this

group in the conflict and predominantly recruits fighters from the respective ethnic group.57 In

divided societies, ethnic conflict is at the center of politics. Ethnic divisions pose challenges to

the cohesion of States and sometimes to peaceful relations among States. Ethnic conflict strains

the bond that sustain civility and is often at the root of violence that results in looting, death,

homelessness, and the flight of large numbers of people.58

Religious Conflict

55 Tatu Vanhanen (1999) n 53. Although ethnic affiliations can be compartmentalized—that is, their relevance

can be limited to some spheres and contexts—there is nonetheless a tendency to seepage. In divided societies,

strong ethnic allegiances permeate organizations, activities, and roles to which they are formally unrelated. The

permeative character of ethnic affiliations, by infusing so many sectors of social life, imparts a pervasive quality

to ethnic conflict and raises sharply the stakes for ethnic politics. See Donald L. Horowitz, Ethnic Groups in

Conflict (1985 University of California Press Ltd, London England) 7. 56 David Horowitz observed that a powerful affiliation such as ethnicity would certainly attract the interest of

those who wish to use it instrumentally, so ethnic-group behaviour is likely to be both passionate and calculative.

This tendency and these incentives make it both easy for political leaders to mobilize along ethnic lines and

difficult to break the centrifugal tendencies that prevail in divided societies in ‘Structure and Strategy in Ethnic

Conflict’ (April 1998) Paper prepared for the Annual World Bank Conference on Development Economics,

Washington DC. 57 Corrine Bara, ‘Incentives and Opportunities: a complexity-oriented explanation of violent ethnic conflict’

(2014) 51(6) Journal of Peace Research 700. Ethnic conflict refers to large-scale violent conflict among ethnic

groups of which at least one has not achieved statehood or is not in possession of the State apparatus. See Jan

Angstrom, ‘The sociology of studies of ethnic conflict: Explaining the causal status of development’ (2000) 3(3)

Civil Wars 23-44. There are many types of possible intervening factors, including differences in governmental

and other political and social institutions, cultural traditions, differences in the level of intergroup contacts and

communication, external interventions and various more or less accidental factors. See Tatu Vanhanen, ‘Domestic

Ethnic Conflict and Ethnic Nepotism’ n54. 58 Donald L. Horowitz, Ethnic Groups in Conflict (1985 University of California Press Ltd, London England) 7-

8; Lars-Eric Cederman, Andreas Wimmer, Brian Min, ‘Why Do Ethnic Groups Rebel?: New Data and Analysis’

(January 2010) 62(1) World Politics, 87-119. In societies that are deeply divided, where fear and ignorance often

drive the ethnic conflict, people tend to identify themselves by their ethnic group, considering it as an irreducible

defining feature of society. See Ana-Maria Bejan, History, Actuality and Prospect of the Concept of Ethno-

political conflict (2013) 5(2) Contemporary Readings in Law and Social Science, 306. On the response of a State

to threats from aggrieved communities See Sreya Maitra Roychoudhury, ‘State Securitization and Internal Ethnic

Conflicts in India: Re-examining the Punjab Crisis’ (December 2014) 18(2) Jadavpur Journal of International

Relations, 155-173.

12

Religious conflicts tend to be more intense than other conflicts.59 For example the 9/11 attacks

which provoked the ‘war on terror’60 had religious sentiments as its underlying factors.61 In

some religious circles, the Western educational system and culture is often regarded as

violating the religious ethics of the Islamic religion. The covering of heads and the whole part

of the body by men or women is part of Islamic rites. Though religious conflict is not only

limited to the Islamic religion.62 Displays of religious animosity was clearly evident during the

Bosnia and Hercegovina war as Bosnian Muslims were victimised by the Serbs for being

Bosnian Muslims.63 The genocidal acts by the Nazis were perpetrated against Jews during the

Holocaust partly because they were Christians. The Nazi made laws that discriminated against

the Jews. Conflict also exist between Catholics and Protestants in Northern Ireland.64 Conflict

and religion mixed together always generates an intensity that would otherwise not be present.

This could be as a result of the fact that some disciples exude very strong sentiments as regards

the violation of their religious beliefs.65 These sentimental attachment can be very strong as

documented in the three part series of ‘God’s Warriors’ a CNN Special Report by Christiane

Amanpour. The documentary exposes the extent of religious commitment and fundamentalism

by followers of different religious beliefs and the length they would go in order to protect the

59 Susanna Pearce, ‘Religious Rage: A Quantitative Analysis of the Intensity of Religious Conflicts (2005) vol.

17 (3) Terrorism and Political Violence, 333, 333-352. 60 Pablo Martinez Monsivais, ‘Bush: We’re on Full Alert’ (October 11, 2011) www.time.com; R. Wedgwood,

‘Al-Qaeda, terrorism, and military commissions’ (2002) 92(2) Am J Intl L, 328-331; Alfred P. Rubin, ‘Applying

the Geneva Conventions: Military Commissions, Armed Conflict and Al-Qaeda’ (2002) 26 Fletcher Forum World

Affairs, 79-82. 61Al-Qaeda is an organization with an Islamist agenda to preserve the teachings of Islam and to ensure strict

implementation of the Sharia law. See Andrew M. Bennett, ‘Islamic History and Al-Qaeda: A Primer to

Understanding the Rise of Islamist Movements in the Modern World’ (2013) 3 Pace Int’l L.Rev. Online

Companion, 319-320, 316-370; Jason Burke, Al-Qaeda: The True Story of Radical Islam (Penguin 2007). 62 Religious conflict is a conflict between groups who belong to different religion; between groups that belong to

different denominations of the same religion (e.g. Protestants vs. Catholics or Sunni Muslims vs. Shi’i Muslims)

and the issues in the conflict include (but are by no means limited to) significant religious issues, such as State

region policy or the role of religion in the regime. These issues need not be the most important issue in the conflict

but they must be among the central issues in the conflict. This means that one or both of the parties involved in

the conflict must make some form of religious demand or have some form of religious goal. See Jonathan Fox,

‘The Religious Wave: Religion and Domestic Conflict from 1960 to 2009’ (2012) 14(2) Civil Wars 143. 63 Barry A. Fisher, ‘The Bosnia War: Religion, History and the Gypsies’ (Spring 1996) 17(3) Whittier Law Review

469-472; Thomas W. Simon, The Laws of Genocide: Prescriptions for a Just World (Greenwood Publishing

Group, 2007) 91. See also Matthias Basedau, Jonathan Fox, Jan H. Pierskalla, Georg Strüver and Johannes

Vüllers, ‘Does discrimination breed grievances—and do grievances breed violence? New evidence from an

analysis of religious minorities in developing countries’ (July 2015) Conflict Management and Peace Science, 1-

23. 64 Gladys Ganiel, ‘Religious, Pragmatic fundamentalism and the Transformation of the Northern Conflict’ (2008)

45(3), 419-436; Roger Mac Ginty, Orla T. Muldoon & Neil Ferguson, ‘No War, No Peace: Northern Ireland after

the Agreement’ (February 2007) 28(1) Political Psychology, 1-11. 65 Roger Mac Ginty, Orla T. Muldoon & Neil Ferguson (February 2007) n 64, 5.

13

sanctity of their faith.66 Despite the fact that most religions espouse the principles of peace and

harmony, religion is also used to justify acts of violence. This means that religion has a dual

function of provoking and resolving conflicts.67

Resource Conflict

Resource conflicts emerge from conflicts related to natural resources. Accompanying this

conflict are feelings of injustice and unfairness, mistrust, suspicion, anger and betrayal. The

unwillingness of the State to respond to the economic, social and political needs of those

affected by the exploration of these resources can lead to resource conflict.68 Within a State,

issues relating to the administration and distribution of proceeds from mineral resources such

as coal, oil, natural gas and diamonds can sometimes generate conflicts.69 Another contributory

factor is that citizens can feel left out of benefits accruing from the mining and export of these

mineral resources. According to Collier and Hoeffler ‘primary commodity exports are highly

significant. Although their effect is non-linear, the risk of conflict peaks when they constitute

around 33% of GDP, which is a high level of dependence’.70 Rentier States are prone to

experience repressive governments and lack of institutional development due to absolute

control over State mineral resources compared to those with agricultural resources.71 This is

because a Rentier State depends largely on revenues from its mineral resources. Since the

66 CNN Report ‘God’s Warriors’ (22 August 2007). See also Isak Svensson, ‘One God Many Wars: Religious

Dimensions of Armed Conflict in the Middle East and North Africa’ (2013) 15(4) Civil Wars, 411-430. 67 See Scott R. Appleby, The Ambivalence of the Sacred (New York: Rowman and Littlefield Publishers, 2000);

Guenter Lewy, Religion and Revolution (New York: Oxford University Press, 1974); David C. Rapoport,

‘Comparing Militant Fundamentalist Movements and Groups’, in Martin E. Marty and R. Scott Appleby (ed.)

Fundamentalisms and the State: Remaking Polities, Economies, and Militance, (London: University of Chicago

Press, 1993) 429–61. 68 Feron and Laitin, ‘Ethnicity, insurgency, and civil war’ (2003) n 49; Päivi Lujala, N.P. Gleditsch and E.

Gilmore, ‘A Diamonds Curse: Civil War and a Lootable Resource’ (2005) 49 Journal of Conflict Resolution, 538-

562. 69 For example the Oil exploration and production in Nigeria’s Niger Delta Region and the mining of diamonds

in Sierra-Leonne. 70 Paul Collier and Anke Hoeffler, ‘Greed and Grievance in Civil War’ (2004) 56 Oxford Economic Papers 574. 71 A Rentier State is ‘a State that receives substantial rents from foreign individuals, concerns or governments’ in

Michael Ross, ‘Does Oil Hinder Democracy’ (2001) vol. 53(3) World Politics 329. A State in which the economy

is dominated by rents, the rents come from abroad, and the government is the principal recipients of these rents.

See Hazem Beblawi, ‘The Rentier State in the Arab World’ in Hazem Beblawi and Giacomo Luciani (eds), The

Rentier State (London: Croom Helm, 1987) 49-62. See also M. Murshed, ‘When Does Natural Resource

Abundance Lead to a Resource Curse’ (2004) Working Paper No. 04-01, International Institute for Environment

and Development, London; Päivi Lujala, N.P. Gleditsch and E. Gilmore, ‘A Diamonds Curse: Civil War and a

Lootable Resource’ (2005) n 69; Silje Aslaksen and Ragnar Torvik, ‘A Theory of Civil Conflict and Democracy

in Rentier States’ (December 2006) vol. 108(4) The Scandinavian Journal of Economics, 571-585.

14

distribution of profits from the resources is controlled by the government, the executive may

not consider it necessary to be accountable to its citizens.

Corruption, unjust resource exploitation and diversion of funds meant for State building are a

breeding ground for emerging resource conflicts. Arbitrary decisions and inconsistencies in

legal procedures as well as lack of due diligence and transparency in carrying out public duties

all serve as contributory factors to resource conflicts. Also disputes around the mismanagement

of distribution of profits from natural resources can motivate rebellion. Natural resource

conflicts are disagreement and disputes over access to, and control and use of natural

resources.72 Rebel groups fight the government because of (perceived) unfair access to natural

resources, unsatisfactory distribution of benefits from natural resources, and lack of control

over such resources.73 Their aim is to improve the distribution of natural resources, in terms of

revenues, control and access. From a government perspective, the motivation to use violence

is to avoid losing control over valuable natural resources.74 Conflict in the present context refers

to disagreements, public complaints, and protests involving arguments, physical assault,

violence and law suits. Feelings of unfairness and injustice, suspicion, anger, emotion and

mistrust lead to conflict.75

Political Conflict

Political conflicts can manifest in different forms. Conflict cannot be separated from Politics

because of the involvement of multiple actors with differing competing interests.76 Political

conflicts can stem from a combination of factors such as fragile State institutions, breakdown

in social contract, political marginalization, prior violence, scarce resources, unjust resource

exploitation, environmental issues, lack of social cohesion, search for identity and inequality.77

72 Food and Agricultural Organization (FAO), ‘Conflict and Natural Resource Management’ (2000a) 20. 73 Siri Aas Rustad and Helga Malmim Binningsbø, ‘A price worth fighting for? Natural resources and conflict

recurrence’ (2012) 49(4) Journal of Peace Research, 534; Ted Robert Burr, ‘Why Men Rebel’ (Princeton, New

Jersey: Princeton University Press, 1970). 74 Armed conflicts characterised by natural resource distribution mechanisms include both high-value natural

resource conflicts (such as the Niger Delta in Nigeria) and conflicts over land ownership (such as the civil war

motivated by rural landlessness in El Salvador). See Siri Aas Rustad and Helga Malmim Binningsbø (2012) n73. 75 Bishnu Raj Upreti, ‘Resource Conflicts and Conflict Resolution in Nepal’ (February 2004) n48, 60. 76 Conflict is so much a part of social relations that we cannot imagine politics without it. It stems from contacts

of an unpleasant sort. The very definition of politics implies a competition for power and for authority, the right

rather than merely the ability to make decisions and to command obedience. See Paul H. Brietzke (1995-1996)

n28, 77. 77 Sarah Zukerman Daly, ‘Organizational legacies of violence: Conditions favouring insurgency onset in

Colombia, 1964-1984’ (2012) 49(3) Journal of Peace Research, 473-491.

15

Bad governance or weak State institutions can push the limits of a destabilized political system.

Attempts by government at coercion and representation in order to retain its power and

authority can provoke rebellious activities from disenfranchised groups. Acts of insurgency is

one of the resultant effect of bad governance which can lead to political conflict. Empirical

work shows that the best predictor of political violence is a set of permissive conditions for

insurgency, at the centre of which is a ‘financially, organizationally and politically weak central

government’.78 Sometimes ethnic groups who feel disenfranchised by bad governance or

marginalization may form a political organization to revolt against the government or they may

make attempts to secede. For example the Ibos made attempts to secede from Nigeria to form

the Biafra State. Their decision was based on the notion that they were denied equitable

political representation and power at the national level which they perceived as non-recognition

and marginalization of the Ibo community in the Nigerian political system.79 The Republic of

China (ROC)80 also known as Taiwan, is locked in a legitimacy battle with the Peoples’

Republic of China (PRC), as ROC is seeking recognition as an autonomous State within the

Chinese territory. The political status of ROC is yet to be determined. The aftermath of the

Chinese civil war witnessed the newly installed Peoples’ Republic of China (PRC) and the

decimated Republic of China (ROC) locked in a struggle for governmental legitimacy by the

international community.81 At present, ROC does not control its own territory nor its

populations. It does not possess the political status to carry out the usual functions of a

government such as engaging in relations with other States.82

78 James D. Fearon and David. D. Laitin, ‘Ethnicity, Insurgency and Civil War’ (2003) n 49, 75. See also Neil

Malhotra and Matthew E. Carnes, ‘Political Stability under Uncertainty: Applying bounded Rationality to the

Study of Governance and Civil Conflict’ (January 2008) 38(1) British Journal of Political Science, 46; Paul

Collier, Anke Hoeffler & Dominic Rohner, ‘Beyond greed and grievance: feasibility and civil war’ (2009) 61(1)

Oxford Economic Papers, 1-27. 79 Brad Simpson ‘The Biafran Secession and the limits of self-determination’ (2014) vol. 16 Nos. 2-3 Journal of

Genocide Research 338, 337-354; Brian McNeil ‘And Starvation is the grim reaper’: the American Committee to

keep Biafra Alive and the genocide question during the Nigerian civil war, 1968-70’ (2014) vol. 16 Nos. 2-3

Journal of Genocide Research 320-322. In the international realm -- the political realm par excellence – ‘each

participant is in a position to judge whether the adversary intends to negate his opponent’s way of life and therefore

must be repulsed or fought in order to preserve one’s own mode of existence’ in Frederic Megret, “War”? Legal

Semantics and the move to Violence” (2002) EJIL 369; Stephen Vincent, ‘Should Biafra Survive’ (Transition

Indiana University Press, Aug. - Sep. 1967) 53-57; David A. Ijalaye, ‘Was “Biafra” at Any Time a State in

International Law’ (July 1971) 65(3) The American Journal of International Law, 551-559; Charles R. Nixon,

‘Self-Determination: The Nigeria/Biafra Case’ (July 1972) 24(4) World Politics, 473-497. 80 Republic of China is the official name of Taiwan. 81 Stephen Allen, ‘Recreating One China: Internal Self-Determination, Autonomy and the Future of Taiwan’

(2003) 4 Asia Pacific Journal on Human Rights, 22; Mark S. Zaid, ‘Taiwan: It Looks Like It, Acts Like It, But Is

It a State? The Ability to Achieve a Dream Through Membership in International Organization’ (1997-1998) 32

New England Law Review 805-818. 82 Stephen Allen (2003); Valerie Epps, ‘Self-Determination in the Taiwan/China Context’ (1997-1998) 32 New

England Law Review, 685-694.

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Political conflicts also arise from the activities of Political organizations who pursue political

goals such as overthrowing the government or urging political officers to step down as a result

of misconduct. Some of these political organizations end up becoming political parties who

stand to contest elections or aim to be granted the status of a ‘political party’ so that they can

be part of the government.83 This particular conflict can serve as an avenue for citizens to

protest against the inequality or breakdown in social contract between the State and the voters.

It is to draw the attention of the State to a weak social cohesion within the society which can

in turn lead to a revolution by adamant individuals. Political theory assumes that power is

rooted in every conflict involving the State.84 When different political actors compete for

power, they are bound to clash. For any actor to gain access to power, he needs to disenable or

eliminate his opponent.85

Civil Conflict

For a conflict to qualify as a civil war it must be within the territory of a State even if external

actors involved. The conflict must be sustained by actors who aim towards a plausible goal.86

The number of internal actors must be numerically important such that it threatens the

monopoly of State power. Civil war is a politically organized, large-scale, sustained, physically

violent conflict that occurs within a country principally among large/numerically important

groups of its inhabitants or citizens over the monopoly of physical force within the country.87

A civil war is not just a sufficiently large group of people over a sufficiently long time who

make trouble for the government and undermine security, such as large drug cartels, because

83 African National Congress (ANC) is a national liberation movement. For ten decades the ANC .it was formed

in 1912 to unite the African people and spearhead the struggle for fundamental political, social and economic

change. For ten decades the ANC has led the struggle against racism and oppression, organising mass resistance,

mobilising the international community and taking up the armed struggle against apartheid. The ANC achieved a

decisive democratic breakthrough in the 1994 elections, where it was given a firm mandate to negotiate a new

democratic Constitution for South Africa. The new Constitution was adopted in 1996. See www.anc.org.za; The

paramilitary group, Revolutionary Armed Forces of Colombia (FARC) is seeking to become a political party in

the ongoing peace negotiations between them and the government. See BBC News: Latin America and Caribbean,

‘Colombia agrees FARC political participation’ (6 November 2013) www.bbc.com; The Economist, ‘The FARC

in Colombia: Make Politics, Not War’ (November 7, 2013) www.economist.com; Colombia Reports, ‘FARC

political party to be created if peace agreement made with Colombian Government’ (May 1, 2014)

www.colombiareports.com 84 Ayokunle Fagbemi, Chukwuemeka B. Eze and Ifeanyi Okechukwu (2004) n40, 70. 85 ibid. 86 The organized group must aim to take power at the centre or in a region, or to change government policies. See

James D. Fearon, ‘Iraqi’s Civil War’ (Mar. – Apr. 2007) vol. 86(2) Foreign Affairs, 4. 87 Mark Gersovitz and Norma Kriger, ‘What is a Civil War? A Critical Review of its definition and (Econometric)

Consequences (August 2013) vol. 28(2) The World Bank Research Observer 160-61.

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they do not aim to possess the monopoly of force.88 Civil wars must entail large-scale and

sustained internal political violence to distinguish them from intense but limited episodes of

political violence that contest the monopoly of force, such as political assassinations, mutinies,

or coups.89

Civil wars usually progress when there is a weak government or a weak administrative rule,

police force or military capabilities in the area captured by rebel groups or paramilitaries is not

effective. In order to differentiate a civil war from an internal armed conflict both the state and

the internal actors must be actively involved in the conflict. Resistance during the conflict must

also be effective. The main distinction between civil (internal or intrastate) war and interstate

or extrastate (colonial or imperial) war was the internality of the war to the territory of a

sovereign State and the participation of the government as a combatant.90 Civil war is further

distinguished from other forms of internal armed conflict by the requirement that State violence

should be sustained and reciprocated and that the war exceeds a certain threshold of deaths

(typically more than 1, 000).91

In the last two decades civil wars have become the most common type of conflict. In Africa

there have been countless episodes of civil wars and almost all countries in the Sub-Saharan

and Great Lakes regions have experienced it.92 Empirical studies done by some scholars have

demonstrated that civil wars are triggered by political and economic reasons.93 The civil war

in Sierra-Leone was fought for over nine years as the government and the rebels were acitively

engaged in the conflict. The conflict was prolonged because the rebels sought to have

monopoly of State power and to gain control of the diamond mineral deposits in Kono district.94

88 ibid. 161 89 ibid. 90 Nicholas Sambanis, ‘What is Civil War? Conceptual and Empirical Complexities of an Operational Definition’

(December 2004) 48(6) Journal of Conflict Resolution, 816, 814-858. See also H. Strand, J. Carlsen, N.P

Gleditsch, H. Hegre, C. Ormhaug and L. Wilhelmsen Armed Conflict Dataset Codebook: Version 3-2005 (2005)

(Oslo Norway: International Peace Research Institute, www.prio.no/cscw/armedconflict 91 See Nicholas Sambanis (December 2004) 92 World Bank, Breaking the conflict Trap. Civil war and development policy (Oxford: World Bank/Oxford

University Press 2003). 93 Paul Collier & Anke Hoeffler, On the Economic causes of civil war (1998) 50 Oxford Economic Papers, 563-

573; I. Elbadawi & N. Sambanis, ‘Why are there so many civil wars in Africa? Understanding and preventing

violent conflict’ (2000) 9(3) Journal of African Politics 244-269; Lorenzo Rocco & Zié, ‘Provoking a civil war’

(March 2008) vol. 134 (Issue 3-4) Public Choice, 347-366. 94 Conflict diamonds are diamonds that originate in areas under the control of armed forces fighting elected and

internationally-recognized governments. See ‘Minerals and Africa’s Development: The International Study Group

Report on Africa’s Mineral Regimes’ (Addis Ababa Ethiopia 2011) United Nations Economic Commission for

Africa/African Union, 72. Natural resources provide financial power to wage violent conflict, for both rebels and

government. See Michael L Ross ‘Oil, drugs and diamonds: The varying roles of natural resources in civil war’

in Karen Ballentine & Jake Sherman (eds) The Political Economy of Armed Conflicts: Beyond Greed and

Grievance (Boulder CO: Lynne Rienner 2003) 47-70.

18

Efforts to reach a peace deal were sabotaged by the rebels at various times because the offer

for peace was not lucrative enough. And because the first negotiation did not include them

being part of the government.95 Despite the fact that the RUF recruited external actors, the RUF

members were mainly soldiers from Sierra-Leone fighting to topple the government.

Minerals in Democratic Republic of Congo (DRC) is a contributory factor to the conflict.96 The

mining of tin, tantalum and tungsten in Eastern DRC is used as a source of conflict financing

by rebel groups. Over 50% of the mines in the eastern DRC are controlled by armed groups,

who demand taxes, bribes or other payments for the minerals extracted from the mines.

Although extremely difficult to know the amount of funding with certainty, a 2010 estimate

from the findings of Enough Project, an NGO leading a campaign focused on crimes against

humanity, places the figure between $140 and $225 million in 2008.97 This prompted

governance approaches in the area of legislative law for due diligence. For International

certification, Section 1502 of the US Dodd-Frank Act98 imposes requirements on the US-listed

companies to establish the ‘conflict-free’ status of the tin, tantalum and tungsten used in their

products.99

Often times, the resource rich regions clamour for greater autonomy in the mining, exploration

and resource allocation of profits from the minerals. Some even seek secession and

independence on the basis that they would be better off if they were to be in control of the

resources within their region. It is natural for the government to oppose such moves and react

95 Lisa Danish (2005) n31, 94. See also Steadman argues that natural resources are an incentive for spoilers to

derail the peace process if the payoff is better in wartime than peace time. See Stephen J Stedman, ‘Spoiler

problems in peace processes’ (1997) 22(2) International Security 5-53. 96 The term “conflict-mineral” is defined 1502(e)(4) of the Act (A) columbite-tantalite, also known as coltan (the

metal ore from which tantalum is extracted); cassiterite (the metal ore from which tin is extracted); gold;

wolframite (the metal ore from which tungsten is extracted); or their derivatives; or (B) any other mineral or its

derivatives determined by the secretary of State to be financing conflict in the Democratic Republic of Congo or

an adjoining country. See Section 1502 (“Conflict Minerals Statutory Provision”) of the Dodd-Frank Wall Street

Reform and Consumer Protection Act, Pub. L. 111-203, 124 Stat. 1376 (July 21, 2010). 97 BSR Conflict Minerals and the Democratic Republic of Congo: Responsible Action in Supply Chains,

Government Engagement and Capacity Building (May 2010) www.bsr.org; Michael Patrick Broache, ‘Evaluating

the Effects of International Criminal Court Prosecutions on Atrocities During Ongoing Armed Conflict’ (DPhil

Dissertation, Graduate School of Arts and Science Columbia University, 2015), 213, 1-383. 98 Section 1502, n 96. Also Section 1502 of the Act amends the Securities and Exchange Act of 1934 to add

Section 13(p): The final rule applies to a company that uses minerals including tantalum, tin, gold or tungsten if:

The company files reports with the Securities and Exchange Commission (SEC) under the Exchange Act; The

minerals are “necessary to the functionality or proportion” of a product manufactured or contracted to be

manufactured by the company. Under the final rule, companies that are required to file a Conflict Minerals Report

must exercise due diligence on the source and chain of custody of their conflict minerals. The due diligence

measures must conform to a nationally or internationally recognized due diligence framework, such as the due diligence guidance approved by the Organization for Economic Co-operation and Development (OECD). See

U.S. Securities and Exchange Commission www.sec.gov 99 Paul Stevens, Jaakko Kooroshy, Glad Lahn and Bernice Lee (November 2013), n 31.

19

with military force. This results in violence. This can also ensue in the capture of local resource

rich region by insurgents for war profiteering.100

1.4 Why is it necessary to resolve conflicts?

The underlying factors of conflict is sometimes complex and multi-faceted. As observed by

Daniel Dana,

‘In every relationship, the differences that make us unique individuals are also sources

of potential conflict between us. We differ in our values, self-interests, priorities and in

many other ways. The greater the differences, the heavier the burden on our ability to

manage those differences. The less effectively we manage differences, the more conflict

we experience as a result’.101

There is ample evidence that the world is conflict-ridden on every continent. The Upssala

conflict data program shows that on every continent there are two or more countries where

conflicts exist. See fig. 1 below Uppsala Conflict Data Program (UCDP)102

100 Siri Aas Rustad and Helga Malmim Binningsbø (2012) n 73. See also Morten Bøås The Politics of Conflict

Economies: miners, merchants and warriors in the African borderland (Milton Park, Abingdon, Oxon; New York,

NY: Routledge, Taylor & Francis Group 2015); Jane Boulden (eds) Responding to Conflict in Africa: the United

Nations and regional organizations (New York, NY: Palgrave Macmillan 2013). 101 Daniel Dana, Managing Differences: How to Build Better Relationships at Work and Home (MTI Publications,

Fourth Edition September 2005). 102Uppsala Conflict Data Program(UCDP), Department of Peace and Conflict Research, Uppsala University,

www.ucdp.uu.se/gpdatabase/search.php

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***Coloured areas signifies countries with one or more conflicts.

The Uppsala data program supports the view that conflicts are inevitable and inherent in all

interdependent relationships. It is our interdependence on each other that contributes to the

conflict situations that we encounter from time to time. Conflicts are propelled by our desire

for positive and negative outcomes. Our desire for resources, equality, contentment,

progression can be termed as positive while our exclusive claims to power, control and superior

alliances can be termed as negative. Our quest to arrive at either one of the outcomes can result

in conflict. This supports the view by Daniel Dana that, ‘in every relationship, the differences

that make us unique individuals are also sources of potential conflict between us’.103 For human

existence to continue to foster, it is necessary to resolve conflicts.

In recent years, the conflict in Syria and the escalating violence in countries like Iraq,

Afghanistan, Nigeria, and Ukraine, have resulted in the highest yearly death toll in the post-

Cold War period.104 In 2014, Syria was by far the most violent conflict, followed by Iraq,

103 Daniel Dana, Managing Differences (2005), n 101. 104 Therése Pettersson & Peter Wallensteen, ‘Armed Conflicts, 1946-2014’ (2015) vol. 52(4) Journal of Peace

Research, 536. The pre-war population of Syria was 23 million, 7.6 million displaced inside Syria and 12 million

refuges forced to flee their homes. The migration crisis results in 400, 000 unregistered and 629, 266 registered

in Jordan. More than 4 million Syrian are seeking for refugees in neighbouring countries. In Lebanon there are

1.1 million Syrian refugees which equals 25% of the Syrian population currently residing in Lebanon. The

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Afghanistan, Nigeria, Pakistan, Ukraine (Donetsk), South Sudan, Israel (Palestine), Yemen,

Ukraine (Novorossiya) and Somalia.105 The security situation in Northern part of Nigeria

deteriorated in 2014 as a result of killings, maiming and abductions by Jama’atu Ahlis Sunna

Lidda’awati walJihad (known as Boko Haram) against civilians.106 In April 2014, it abducted

almost 300 school girls from Chibok. Majority of the girls are still in captivity.107 The data by

Pettersson and Wallensteen for ‘Armed Conflicts, 1946-2014’ shows that since 1946, there

have been 567 dyads108 in 259 conflicts active in 159 locations.109

The annual incidence of conflicts and conflict dyads since 1989 are recorded in Table I.110

Table I Armed conflicts by regions, 1989-2014

Region 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001

Europe

2 3 7 7 9 5 5 1 1 3 3 1 2

Middle

East

4 7 8 6 7 6 6 7 4 3 3 3 3

Asia

13 20 14 17 13 18 15 18 19 15 16 18 15

Africa

12 13 17 14 11 15 10 12 14 17 16 15 16

Americas

9 6 5 4 3 4 4 3 2 2 2 1 2

All

Regions

40 49 51 48 43 48 40 41 40 40 40 38 38

resultant effect is underfunding of refugee camps, sectarian violence, disease, insurgency and civil wars (Sky

News Report by Dermot Murnaghan on “Migration Crisis”, 7 September 2015). 105 ibid. 539. 106 ibid. 540. 107 See the ‘Bring Back Our Girls’ Campaign, www.bringbackourgirls.us 108 A dyad is defined as a pair of warring parties. In interstate conflicts, these warring parties are governments of

States, whereas in intrastate conflicts, one is the government and the other is a rebel group. If more than one rebel

group is active in a conflict, several dyads are recorded. See Therése Pettersson & Peter Wallensteen, ‘Armed

Conflicts, 1946-2014’ (2015) 537. See also David E. Cunningham, Kristian Skrede Gleditsch & Idean Salehyan,

‘It takes two: A dyadic analysis of civil war duration and outcome’ (2009) 53(4) Journal of Conflict Resolution,

570-597. 109 n 104 110 ibid. 539.

22

Region 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

Europe

1 1 2 2 1 2 3 1 1 1 2 1 6

Middle

East

2 3 3 5 5 4 4 5 5 6 5 4 6

Asia

13 15 15 16 15 14 15 15 12 13 10 14 14

Africa

15 11 10 7 10 12 13 13 10 15 13 13 12

Americas

2 2 3 2 2 3 3 3 3 2 2 2 2

All

Regions

33 32 33 32 33 35 38 37 31 37 32 34 40

Adverse effects of conflicts:

The desire to achieve a positive or negative outcome can lead to unexpected results such as

mass violence. A conflict that is not managed has the potential to cause serious negative

potential consequences. According to Burton, individuals and groups strive for the fulfilment

of their needs which, if not satisfied, lead to instability, the violent pursuit of fulfilment and in

worst cases to protracted social conflict.111 The instability in the conflict creates a hostile

environment for those living within the conflict area. Owing to the fact that people were already

defined by their beliefs before the conflict, the events that take place during conflict further

creates increased tension in an already diverse and increasingly divided society. It is this

increased tension that amount to issues of displacement, deaths, famine, fear, persecution,

hardships, refugee migration, grief, asylum seekers, disorganization of societal structure,

damage of cross-border infrastructure and an irreparable damage to the society.

The resultant effects of the spate of mass violence escalates into conflict which generates total

breakdown in law and order. People are displaced from their homes and they become

111 Susanne Buckley-Zistel, Conflict Transformation and Social Change in Uganda: Remembering after violence

(2008) n2, 17.

23

vulnerable due to periods of conflicts and insecurity in their respective countries of origin.112

Other States who are otherwise not part of the conflict become overwhelmed with refugee

situations and are not able to cope with meeting their needs. At the end of the day they may

have to grant asylum to these displaced individuals. Families and victims grief for their loss or

are anxious to know about the whereabouts of their loved ones. The drastic change in the

structure of a once peaceful society is forever affected by traumas of war, grief and violence.

There is a reduction in population as most people seek for asylum in a more peaceful

environment than the one they are coming from.

The Office of United Nations High Commissioner for Refugees (UNHCR) is presently

assisting 256 families on the Pacific coast of Colombia who were displaced in June 2015 after

violent attacks by guerrillas.113 There are approximately 65, 000 recognized refugees in South

Africa. At the end of 2013, there were 230, 000 asylum-seekers awaiting decisions, according

to Department of Home Affairs figures.114 Conflicts are always detrimental to victims and the

affected population. The prevention of conflicts helps to establish a conducive environment for

the peaceful resolution of disputes and protection of individual rights. It also helps to create a

stable environment for its inhabitants.

1.5 How do you resolve conflicts: third party intervention?115

Conflicts can be positive or negative. Positive conflicts lead to development and improvement.

Negative conflicts lead to violence and chaos. This means that not all conflicts are detrimental

to human development. This dynamics creates the opportunity for third parties to devise

112 As of the end of 2014, a record breaking 38 million people were forcibly displaced within their own country

by violence, up from 33.3 million for 2013. In mid-2014, the UN refugee agency was caring for around 26 million

of the world’s internally displaced (IDP) population at that time. Like refugees, they were forcibly displaced by

conflict, generalized violence and human rights violations. Iraqi civilians suffered the most new displacement,

with at least 2.2 million in 2014, while at least 40 per cent of Syria’s population, or 7.6 million people, have been

displaced – the highest number in the world. And Europe, for the first time in more than a decade, suffered massive

enforced displacement. This was caused by war in Eastern Ukraine, where more than 640, 000 people fled their

homes in 2014. See www.unhcr.org/pages/49c3646c23.html 113 www.unhcr.org/55cdf97c6.html 114 The asylum system in South Africa is overwhelmed. The government is establishing a border-management

agency to regulate immigration, and in July 2014, new regulations came into effect. Refugees and asylum seekers

are from Democratic Republic of the Congo (DRC), Rwanda, Burundi, Ethiopia, Somalia and Zimbabwe. See

2015 UNHCR country operations profile – South Africa. See also South Africa Immigrations Regulations, 2014,

Government Notice R413 in Government Gazette 37679 dated 22 May 2014. Commencement date: 26 May 2014

giving effect to the Immigration Amendment Act 3 of 2007—Government Notice 656 in Government Gazette

30095 dated 18 July 2007 and the Immigration Amendment Act 13 of 2011—Government Notice 690 in

Government Gazette 34561 dated 26 August 2011. 115 Kevin Siqueira, ‘Conflict and third-party intervention’ (December 2003) 14(6) Defence and Peace Economics,

389-400.

24

various means and methods by which they can resolve conflicts. Third parties who intervene

to resolve conflicts, always try to analyse the conflicting interests of parties in order to know

the best method for resolution of the conflict. Often times conflicts is as a result of

miscommunication or misperception. The ‘winner takes all’ syndrome is an underlining factor

which propels parties to a conflict to invest more in their dispute when there is more at stake.

The aim of a third party intervening in a conflict should then be to terminate such a high stake

conflict through settlement, resolution and transformation. For settlement, the intervening party

endeavours to achieve a win-win situation for both parties. In resolution, the appropriate steps

to take is to identify the root causes, determine the best approach for resolving the conflict and

guard against a recurrence of the conflict. In transformation the impact of the resolution of the

conflict must not only transform the character and capacity of the disputants but also the society

where they reside. In addition, the methods for resolving conflict between two people can be

of use in addressing group conflict.

Why do conflicts need third party intervention?

A third party is an actor that is involved in either helping the warring parties to regulate the

incompatibility or to change conflict behaviour or to regulate other conflict issues, and thus

works, as an intermediary between the primary parties to the conflict.116 Conflict in its many

forms is an omnipresent fact of human existence.117 Since it often includes dysfunctional and

destructive components, men have explored numerous methods for its management, including

techniques of avoidance, regulation, and resolution.118 There are various ways of resolving

conflicts between non-State actors and State actors. Some of these methods are negotiation,

prosecution, peacekeeping, peace agreements and amnesties. A number of these methods

involve the intervention of an outside third party as in mediation, arbitration, and

conciliation.119

116 Frida Mӧller, ‘Identifying Conflict Prevention Measures: Comparing Two Approaches’ (UCDP paper No 5,

Published by Uppsala University, Uppsala, 2010). 117 Ronald J. Fisher, ‘Third party consultation: a method for the study and resolution of conflict’ (March 1972)

The Journal of Conflict Resolution, 67, 67-94. 118 ibid. 119 ibid. See also the term “Alternative Dispute Resolution” (ADR) is generally used to describe the methods and

procedures used to resolve disputes either as alternative to the traditional dispute resolution mechanism of the

court or in some cases as a supplement to that mechanism. ADR refers to all legally recognized options or methods

of resolving a dispute outside litigation. Examples of ADR include negotiation, mediation, conciliation, arbitration

and hybrid-processes like med-arb. ADR mechanisms are not superior to litigation; rather a complement litigation

25

Fig. 2 “Contingency Model” of third-party intervention

Source: adapted with revisions from Ronald J. Fisher 1990. The Social Psychology of Intergroup and International Conflict Resolution in

Ronald J. Fisher, ‘Methods of Third-Party Intervention’ in Martina Fischer, Hans J. Geissmann and Beatrix Schmelzle, Transforming

Ethnopolitical Conflict: The Berghof Handbook (Berlin: Barbara Budrich, 2010) vol. 2, eds, 167.

Mediation

A mediator takes an active role in a dispute to help parties manage their differences. Mediation

by a third party is one of the most wide-spread techniques for preventing conflicts over

common resources and promoting cooperation.120 Recent studies have shown that mediation

efforts are indeed a factor for successful crisis management and agreement between conflict

parties.121 Mediation is generally seen as the intervention of a skilled and impartial

intermediary working to facilitate a mutually acceptable negotiated settlement on the issues

that are the substance of the dispute between the parties.122 Mediators facilitate discussions or

by offering disputing parties a considerable range of alternatives. Uchenna Jerome Orji, ‘Law and Practice of

Conciliation in Nigeria’ (2012)56(1) Journal of African Law, 87. 120 Gerald Eisenkopf and André Bächtiger, ‘Mediation and Conflict Prevention’ (August 2013) 57(4) Journal of

Conflict Resolution, 570-71. 121 ibid. 122 Ronald J. Fisher, ‘Methods of Third Party Intervention’ (April 2001-03-30) Berghof Handbook for Conflict

Transformation, 4.

26

assist parties to move toward mutual understanding and win-win agreements. This form of

third-party intervention has been employed in almost all cultures in all regions of the world and

all phases of recorded history.123 Religious leaders, community elders, and, at times, special

intermediaries have all played the role of mediator in their various efforts to deal with

potentially destructive disputes in their respective collectives.124 A third party mediator

maintains an active position in ensuring a solution to the dispute. Mediation can also be used

to resolve international disputes.125

Conciliation126

Conciliation is the simplest kind of a proceeding that has ever been devised. It is a method of

procedure, sanctioned by law, designed to enable disputants voluntarily to adjust their own

quarrel.127 The weakness is that, as conciliation must yield a voluntary agreement or fail, it is

always at the mercy of the obstinacy or pugnacity of either party.128 Recourse to conciliation

is voluntary where disputing parties, without any prior agreement to refer a dispute to

123 ibid. 124 ibid. See also Dennis C. Jett, ‘Mediation--Its Potential and Its limits: developing an effective discourse on the

research and practice of peacemaking’ (2013) 2(1) Penn State Journal of Law & International Affairs, 103;

Gregory A. Raymond, ‘Democracies, Disputes, and Third Party Intermediaries’ (March 1994) 38(1) Journal of

Conflict Resolution, 24-42. For example Sri Sri Ravi Shankar a humanitarian and spiritual leader acted as an

intermediary between The Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de

Colombia, FARC) and former ICC Prosecutor, Dr. Luis Moreno Ocampo as part of the peace process between

the guerrilla movement and the Colombian government. ‘Sri Sri forges Peace and Non-violence in Conflict Zones

of Colombia’ PR Newswire, August 19, 2015 04:59 PM EDT; ‘Sri Sri Shankar mediates in Colombian crisis’

Bella Jaisinghani, TNN Aug 17, 2015, 11PM IST. 125 In 1992, the United Nations established the Department of Political Affairs to assist in the mediation of inter-

and intra-State conflicts at all stages. Memorandum of Understanding between the Government of the Republic of

Indonesia and the Free Aceh Movement, 15 August 2005. See also Convention (I) for the Pacific Settlement of

International Disputes (Hague I) 29 July 1899; 1995 Dayton Peace Agreement to end more than three years of

conflict in Bosnia (The Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of

Yugoslavia—the “Parties”). A General Framework Agreement for Peace was signed by the parties. The mediator

for the peace process at Wright-Patterson Air Force Base was Richard C. Brooke, Assistant Secretary of State for

Canadian and European Affairs. Initialled 21 November 1995 and signed in Paris 14 December 1995. See also

General Assembly Official Records (GAOR) a/50/79C, S/1995/999, 30 November 1995; General Assembly

Resolutions: Strengthening the role of mediation in the peaceful settlement of disputes, conflict prevention and

resolution, A/RES/68/303, July 2014 & A/RES/65/283, July 2011; UN Secretary-General’s Reports: Report on

“Strengthening the role of mediation in the peaceful settlement of disputes, conflict prevention and resolution”

A/66/81, June 2012 & Report on “Enhancing Mediation and its Support Activities” S/2009/189, April 2009.

Richard Holbrooke, To End a War (New York Random House, 1998). 126 The preferred definition of Conciliation is in Article 1 (3) of the United Nations Commission on International

Trade Law (UNCITRAL) Model Law on International Commercial Conciliation, adopted 24 JUNE 2002,

A/RES/57/18. 127 Reginald Heber Smith, ‘The Danish Conciliation System’ (1927-1928) 11 J. Am. Jud. Soc. 85. On the long

usage of conciliation as part of Swiss civil law in maintaining a peaceful society see Lehman Brothers Finance

AG (in liquidation) v Klaus Tschira Stiftung GmbH and another [2014] EWHC 2782 (Ch), (Transcript), [12]. 128 Reginald Heber Smith, ‘The Danish Conciliation System’ (1927-1928), n 127.

27

conciliation, voluntarily invite or accept the assistance or intervention of a third party in

resolving their dispute.129 Parties are not bound to abide by the recommendations of the

conciliator. In contractual conciliation, recourse to conciliation must be stated in a contractual

agreement between the parties. For international conciliation, Article 14 of the UNCITRAL

Model Law states that ‘if the parties conclude an agreement settling a dispute, that settlement

agreement is binding and enforceable’.130

Arbitration

Arbitration is a method of resolving disputes between parties who have agreed to submit their

dispute to arbitral proceedings. The parties to the conflict must have had an agreement before

or during the dispute to appoint an arbitrator. The agreement to arbitrate must be by both parties

as opposed to what obtains in court proceedings where one party can initiate court proceedings

without having to inform the other party. Arbitration helps parties when they need an expert

opinion or technical advice on a matter which is a bone of contention between both parties.

Arbitration is also good when parties do not want to have control of the process but are more

concerned about the settlement of the conflict.

The UNCITRAL model law defines ‘arbitration’ as any arbitration whether or not administered

by a permanent arbitral institution.131 International arbitration for the settlement of disputes

between States is different from the one that is used in civil disputes. International arbitration

has for its object the settlement of differences between States by judges of their own choice,

and on the basis of respect for law.132 According to Article 33(1) of the UN Charter ‘arbitration’

is one of the means by which the organization recommends that parties settle their disputes.133

129 Generally, recourse to conciliation can be voluntary, statutory and contractual or court ordered. See Uchenna

Jerome Orji (2012) n119, 90. 130Enforceability of settlement agreement Article 14 UNCITRAL Model Law on International Commercial

Conciliation, adopted 24 JUNE 2002, A/RES/57/18. 131 Article 2 (a) UNCITRAL Model Law on International Commercial Arbitration 1985: with amendments as

adopted in 2006(Vienna: United Nations 2008). 132 Articles 15; Article 18: The arbitration Convention implies the engagement to submit loyally to the Award.

See Articles 15 to 19 Convention (I) for the Pacific Settlement of International Disputes (Hague I) 29 July 1899.

For arbitration cases between States: dispute concerning the delimitation of maritime boundary Guyana v

Suriname, Award ICGJ 370 (PCA 2007), 17th September 2007, Permanent Court of Arbitration [PCA];

delimitation of the Exclusive Economic Zone (EEZ) and Continental Shelf Barbados v Trinidad and Tobago,

Award (2006) 45 ILM 839, ICGJ 371 (PCA 2006), 11th April 2006, PCA; dispute concerning the Iron Rhine

Railway line Belgium v Netherlands, Award ICGJ 373 (PCA 2005), 24th May 2005, PCA. 133 Chapter VI: Pacific Settlement of Disputes, United Nations Charter of the United Nations, 24 October 1945,

1 UNTS XVI, Article 2(3), Chapter I: Purposes and Principles of the UN Charter. See also GAOR 7th Session

‘Arbitral Procedure’, resolution 797 (VIII), 468th Plenary Meeting, 7 December 1953, p.51; 10th Session ‘Arbitral

Procedure’, resolution 989, A/RES/989 (X), 554th Plenary Meeting, 14 December 1955, pp.46-47; 13th Session

28

Any undertaking to have recourse to arbitration in order to settle a dispute between States

constitutes a legal obligation which must be carried out in good faith.134 State parties are equal

before the arbitral proceedings unlike court processes where disputants are named as plaintiff

(claimant/complaint) and defendant (person sued or accused in a court of law).

Negotiation

Negotiation is the most frequent and probably the only universally accepted means of dispute

settlement.135 Negotiations are useful where the terms of contract or resolution of disputes are

complex. Each party involved in negotiations endeavour to simplify their own risks by using

the bargaining power at its disposal to get ‘a fair deal’. Disputes usually arise in conflict

situations where there are competing interests and competition over scarce resources—

disputants might prefer to engage in conciliation at first since the process can effectively cater

to minor misconceptions and emotional issues. After this the parties to conflict can then decide

to negotiate on their differences. The process of arriving at a deal is a process of negotiation

between two or more parties, in the course of which parties exercise bargaining power.136

Within a negotiation there is balance of bargaining power, which each party attempts to tip in

its favour—that is to influence the terms of a transaction against the influence of the opposing

party.137

One of the immediate effect of negotiations is the ability to manage conflicts that otherwise

need not deteriorate into full scale war. Once a conflict arises, international actors can deal with

it using one or more possible modes: unilaterally, bilaterally, or with the help of a third party.

The bilateral mode implies some form of bargaining and compromise (e.g. negotiation).138

‘Question of Arbitral Procedure’, resolution 1262 (XIII), 14 November 1958 (item 57), p. 53. See also 1982 United

Nations Convention on the Law of the Sea (UNCLOS), ANNEX VII, ‘Arbitration’, Articles 1-13. See also for

Arbitration cases in which the United Nations have been a party: Starways Limited v. United Nations (1969)

Arbitral Award of 24 September 1969, under the rules of the American Arbitration Association, rendered by

Howard H. Bachrach, sole arbitrator. See United Nations Juridical Yearbook 1969 (Sales No E.71.V.4), 233-34;

Balakhany (Chad) Limited v Food and Agriculture Organization of the united Nations (1972) Arbitral Award of

29 June 1972 (arbitrator, Barend van Marwijk-Kooy). See United Nations Juridical Yearbook 1972 (Sales No

E.74.V.1), 206; Aerovías Panama, S.A. v. United Nations (1965) Arbitral award of 14 January 1965, rendered

under the rules of ICC. 134 UN ILC ‘Model Rules on Arbitral Procedure’ as adopted by the Commission at its 473rd Meeting Preamble,

(1958) 10th Session, Yearbook of the International Law Commission, 1958, vol. II. 135 Alina Kaczorowska, Public International (4th Edition Routledge London New York 2010) 623. 136 Gavan Butler, ‘Political Economy, Negotiations, Power and Empowerment’ (Winter 2015) 75 Journal of

Australian Political Economy, 100. 137 ibid. 104. 138 Richard Jackson, ‘Successful Negotiation in International Violent Conflict’ (May 2000) 37(3) Journal of Peace

Research, 323.

29

Negotiation is the principal means of handling all international disputes and is employed more

frequently than all other techniques of conflict management put together.139 As a mode of

conflict management, bargaining and negotiation is the primary method by which social actors

settle their disputes.140 In the international arena, where conflicts can easily escalate into highly

destructive and destabilizing wars, and where there is an absence of any generally accepted

‘rules of the game’, negotiation by diplomacy is as common as conflict itself.141 It has been

used for conflict management since relations between States began.142

Judicial settlement in court system

For the court system, the settlement of disputes involves an aggrieved party to institute court

proceedings against another party. In adjudicating on matters before them, court systems aim

to regulate the resolution of disputes between parties. Disputants rely on lawyers to file claims

on their behalf against the opposing party and for a judge to make the decision on how to

resolve the dispute. The court regulates the procedures that parties have to follow, they are also

made to follow a standardized format for collection and presentation of evidence. In addition,

the judicial system expects them to justify their claims and advance their claims on the basis

of written submissions.

In criminal matters143, if the seriousness of the offence is exceptionally high the offender may

be given a life sentence.144 For example crimes such as rape, robbery and murder is of a higher

liability due to the seriousness of these offences. The maximum sentence for a murder charge

139 ibid 324 140 ibid 324 141 ibid 142 ibid 143 The contours of criminal liability may be considered under three headings: the range of offences; the scope of

criminal liability; and the conditions of criminal liability. The contours of the criminal law are thus determined by

the interplay between the range of offences, the scope of liability, and the conditions of liability. Inevitably there

are times when the discussion focuses on only one of the elements, but the relevance of the other two must always

be kept in view if the discussion is not to lose perspective. See Andrew Ashworth, Principles of Criminal Law

(6th Edition OUP 2009) 5 and 7. 144 The harm caused by homicide is absolutely irremediable, whereas the harm caused by many other crimes is

remediable to a degree. Even in crimes of violence which leave some permanent physical disfigurement or

psychological effects, the victims retains his or her life and, therefore, the possibility of further pleasures and

achievements, whereas death is final. This finality makes it proper to regard death as the most serious harm that

may be inflicted on another person, and to regard the culpable causing of death without justification or excuse as

the highest wrong. In the United Kingdom the penalty for murder is the mandatory sentence of life imprisonment.

See n 143, 235 & 241.

30

varies from one national jurisdiction to the other.145 Death penalty is also a deterrent for

offenders. After conviction, harsh punishment is meted out to serious offenders and short prison

time may be handed down to minor offenders. Some minor offenders are made to do

community service rather than going to jail or prison. The time served by each convict depends

on the stipulated time for each offence. It has been suggested from time to time that law in

general and criminal laws in particular are needed in conflict-ridden societies, and that the

establishment of a political system based on consensus would remove the sources of crime and,

therefore, the phenomenon itself.146 In criminal justice administration, prison term is a form of

deterrent for offenders.147

Civil disputes is a disagreement between two people or organizations or any number of people.

It is a legal disagreement that can occur as a result of the breach of duty owed by one person

to another. Unlike criminal cases, the State is not the principal party. Civil disputes involves

issues of contracts, negligence, torts, family law, property law and libel. Such disputes are

resolved by the award of compensation. Also disagreements over drawing up and signing of

legal documents can also lead to civil disputes especially when one party repudiates on the

terms and conditions of the contract.

Other courts includes the International Court of Justice (ICJ) which adjudicate on matters

between States and other international hybrid courts who have the responsibility of prosecuting

offenders of the most heinous crimes committed during conflicts.

Peacekeeping

145 In United Kingdom, Criminal Justice Act 2003, Section 269: Determination of minimum term in relation to

mandatory life sentence (Chapter 7: Effect of Life Sentence, Sections 269 – 277, Schedules 21 and 22).

‘Mandatory life sentence’ means a life sentence passed in circumstances where the sentence is fixed by law:

Schedule 21 (1); Under the 2010 US Code, Title: 18 Crimes and Criminal Procedure, Part I: Crimes, Chapter 51:

Homicide, §1111 (18 U.S.C. §§1111) Murder is the unlawful killing of a human being with malice aforethought.

Any other murder is murder in the second degree: Whoever is guilty of murder in the first degree shall be punished

by death or by imprisonment for life; in the second degree, shall be imprisoned for any term of years or for life;

Nigerian Criminal code Act, Chapter 77, Laws of the Federation of Nigeria 1990, Chapter 27, Sections 306-326:

Homicide; Suicide; Infanticide; Concealment of Birth; Unlawful; South Africa Criminal Law Amendment Act

No. 105 of 1997, §27 & §51; Uganda Penal Code Act, ss 188 & 189, Consolidated Laws of Uganda 2000 Ch.

120, June 15, 1950, as amended by Law No. 8 of 2007, July 20, 2007. See also Article 3, Prohibition of inhuman

or degrading treatment & Article 5 (1), Right to liberty, Convention for the Protection of Human Rights and

Fundamental Freedoms (Rome, 4 November 1950). 146 n 143, 16. 147 A deterrent theory seeks to reinforce the value structure inherent in the criminal law. A rehabilitative theory

would attempt to mould offenders’ behaviour towards compliance with the norms of the criminal law. A

restorative theory might be concerned to achieve compensation or a reconciliation that restores the status quo

ante. See n 143, 17.

31

Although peacekeeping is not explicitly mentioned in the UN Charter, it is one of the avenue

by which the organization maintains peace and security.148 It is not a means of enforcing

peace.149 Over the years, the range of tasks assigned to peacekeeping operations has expanded

significantly in response to shifting patterns of conflict and to best address threats to

international peace and security.150

Peacekeeping can be described as involving actions to prevent, contain, moderate or terminate

hostilities between States or within a State by an organised multinational force comprising

soldiers, police and civilians deployed in the conflict area with the approval of the parties

involved, or at least the consent of one party and the toleration of the other.151 Consequently,

the parties involved in a dispute, by agreeing on the presence of United Nations (UN)

peacekeeping forces on their national territories, show their willingness to avoid military

confrontation.152

Articles 1(1), 2(1) & (3) agrees with the UN peacekeeping principle on consent of the Parties

for peacekeepers to contain or terminate hostilities during conflicts.153 Peacekeepers are meant

to be impartial. They are not expected to takes sides with either of the parties involved in the

dispute. Except in situations of self-defence and defence of the mandate, they are not required

to use force so as to ensure continued de-escalation of the conflict.

148 UN Charter Articles 33-38, Chapter VI: Pacific Settlement of Disputes; Articles 39-51, Chapter VII: Action

with Respect to Threats to Peace, Breaches of the Peace, and Acts of Aggression; Articles 52-54, Chapter VIII:

Regional Arrangements. 149In relation to Article 2(4): discouraging the use of force against the territorial integrity and political

independence of any State as this would be inconsistent with the goal of the UN to maintain peace and security

[This article prohibit acts of peace enforcement which is different from robust efforts at peacekeeping, unless

authorized by the UN Security Council]. 150 See also Brahimi Report (2000); Capstone Doctrine (2008): outlining the most important principles and

guidelines for UN peacekeepers in the field; Peace Operation 2010 (2006): containing the reform strategy of the

Department of Peacekeeping operations (DPKO); 2005 World Summit [A/RES/60/1]: establishing the

Peacebuilding Commission; High-level Panel on Threats, Challenges and Change[A/59/565]: setting out a broad

framework for collective security for the new century; The New Partnership Agenda: Charting a New Horizon for

UN Peacekeeping (2009)—reflecting both the perspectives of the DPKO and Department of Field Support (DFS).

Progress Report No. 2 (2011) and Progress Report No. 1 (2010). See also Secretary Report to the Special

Committee on Peacekeeping Operations [A/64/573]. There are currently 16 peacekeeping operations led by

DPKO, www.un.org/en/peacekeeping. 151 Alina Kaczorowska (2010) n 135, 770. See also Article 52, Chapter VIII, UN Charter. 152 Alina Kaczorowska (2010) n 135, 770. 153 Article 1(1): UN’s mandate to ensure conflicts are settled by peaceful means; 2(1): respect for the sovereign

equality status of all its members; (3): encouraging members to settle their disputes in a manner that does not

destabilize the peace enjoyed by the State themselves. The three basic Principles of UN Peacekeeping as a tool

for maintaining international peace and security are: Consent of the parties; Impartiality; Non-use of force except

in self-defence and defence of the mandate. www.un.org/en/peacekeeping

32

Peace Agreements

A peace agreement is a formal between warring parties, which addresses the disputed

incompatibility, either by settling all or part of it, or by clearly outlining a process for how the

warring parties plan to regulate the incompatibility.

The United Nations has a mandate for peace making as stated in Article 33 of the Charter. The

Charter states that the parties can resort to other peaceful means of their own choice. Sometimes

when States want to resolve their intra- and inter-State conflicts through peaceful means they

negotiate for a peace agreement. Peacemakers can contribute to the termination of a conflict so

as to prevent a recurrence of conflict. Since around 1990 peace processes involving the

negotiation of formal peace agreements between the protagonists to conflict have become a

predominant way of ending conflict.154 According to the UN Department of Political Affairs,

95 agreements have been concluded from 1942 to September 2014 mostly in intrastate

conflicts.155 Although this number varies with the UCPD date for peace agreements.156 The

UCPD data for peace agreements from 1975 to 2011 has a record of 217 agreements comprising

of peace process, partial peace agreement, full agreement, full peace agreement and peace

process agreement.157 There are a combination of 51 full agreement and full peace agreement

in the dataset.158 In 2015, the government of Colombia and the FARC decided on signing a

peace deal to end 51 years of conflict.159

Amnesties

Amnesties are used by States to quell rebellion or to put an end to a conflict. The use of

amnesties to quell dissent or to put an end to a conflict raises various interests, interpretations

and concerns as to making offenders accountable for their crimes. The international community

154 Christine Bell, ‘Women and peace processes, negotiations and agreements: operational opportunities and

challenges’ (March 2013) Policy Brief, Norwegian Peacebuilding Resource Centre, 1. 155 www.peacemaker.un.org accessed on 23rd September 2015. 156 Uppsala Peace Agreement Dataset v. 2.0, 1975-2011. www.pcr.uu.se/research/ucdp/datasets 157 ibid. 158 n 156 159 Joint Communiqué between the government of Colombia and FARC, 12 July 105, www.presidencia.gov.co

News & Media United Nations Radio, ‘Colombia Government and FARC reach agreement on key element of

peace’ (24 September 2015), www.unmultimedia.org/radio/english/2015/09/colombia-government-and-farc-

reach-agreement-on-key-element-of-peace; The Economist: Intelligence unit, ‘Government and FARC make

historic announcement’ (September 24th 2014).

33

also expects States to fulfil their legal obligations by ensuring prosecutions of gross violations

and the most serious crimes.160

Amnesty comes from the Greek word “amnestia” meaning “forgetfulness” or oblivion.161

Rulers and States introduce it for different reasons such as making peace with their enemies,

grant of pardon to prisoners or to quell acts of rebellion. The use of amnesties during and after

conflicts is usually to break the cycle of violence or to prevent a reoccurrence of mass violence.

States can introduce it when they want to move from stages of conflicts into a future free of

atrocities. Amnesties can also prevent offenders from serving punishments for their crimes.162

Governments sometimes establish truth commissions which include amnesties or they can

negotiate peace agreements with the inclusion of amnesties for State and non-State actors.163

Despite the political controversy that it shields State personnel from punishment, amnesties can

be a political tool to end a deadlock in a conflict.164 It is not a requirement that States have to

use amnesties every time they decide to resolve a conflict. But actual evidence has proved that

conflicts continue to exist and sometimes there is the need for the opposition to be part of the

peace process to end the violence.165 As a result, States are usually in constant search for how

to safeguard a peaceful atmosphere within their territories. This may mean that amnesties will

continue to play a role in resolving conflicts.

160 Crimes such as genocide, torture, crimes against humanity are considered crimes of jus cogens from which no

derogation is permitted. Codified in Article 53, Vienna convention on the Law of Treaties (1969), U.N. Doc.

A/CONF.39/27. For example, the violation of individual rights as set out in Articles 7 to 10 of the 1948 Universal

Declaration of Human Rights (UDHR) relating to equality before the law, access to justice, prohibition of

inhumane or degrading treatment, fair hearing, is considered as serious human rights violations. 161 Ben Chigara, Amnesty in International Law: The Legality under International Law of National Amnesty Laws

(Longman 2002). 162 For example like the self-amnesties introduced in Latin America to shield military personnel form

prosecution—he President of Peru, Fujimori on June 15, 1995 promulgated an amnesty law, Article 1 of Law No.

26,479 to prevent prosecution of military officers involved in the killings at Barrios Altos and extended immunity

to them. A second Law No. 26492 was adopted by Congress which barred judicial review of Law No. 26, 479 and

made its application obligatory; Chile Amnesty Law Decreto Ley 2,191 of 1978; El Salvador 198015/10/1980

Decreto No 508, Diario Oficial No 191, Tomo 265 (The offer of amnesty was renewed on 15 Oct 1981 to protect

those responsible form prosecution and punishment). 163 Louise Mallinder and Kieran McEvoy ‘Truth, Amnesty and Prosecutions: Models for Dealing with the Past’

(3 December 2013) Transitional Justice Institute Research Paper No. 14-09, 8. 164 2009 Nigerian Niger Delta Amnesty and Rehabilitation Programme; 1993 Governors Island Agreement granted

amnesty to Military leaders in Haiti. See UN, the Situation of Democracy and Human Rights in Haiti: Report of

the Secretary-General, UN Doc. A/47/975-S/26063(1993). See also Michael Scharf, ‘Swapping Amnesty for

Peace: Was There a Duty to Prosecute International Crimes in Haiti? (1997) Case Western University School of

Law, Faculty Publications Paper 344. 165 Leslie Vinjamuri and Aaron Boesenecker, ‘Accountability and Peace Agreements: Mapping Trends from 1980

to 2006 (Geneva: Centre for Humanitarian Dialogue 2007) 5; Tricia D Olsen, Leigh A Payne and Andrew G

Reiter, ‘Transitional Justice in the World, 1970-2007: insights from a new dataset’ (2010) 47(6) Journal of Peace

Research 803.

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All the Strategies described above, are not the only means for addressing and putting an end to

conflicts. Extensive literatures exist on how to prevent, manage, resolve and transform

conflicts. Literatures based on dialogue, intra-community intervention, traditional methods of

resolving conflicts, communal reconciliation, social campaign movements, political

diplomacy, religious intervention and gatherings—all of these also aim to manage and put an

end to conflict situations. Constructive and creative conflict resolution continues to be the real

challenge and goal for humanistically oriented professionals who are genuinely interested in

helping people to change unfavourable conflict situations into positive, cooperative, and

relatively peaceful directions.166

166 Madeleine Leininger, ‘Conflict and Conflict Resolution’ (February 1975) 75(2), The American Journal of

Nursing, 292.