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ESSAY / Emilija Žebrauskaitė

Introduction

While the Western Westphalian State - and, consequently, the Western legal system - became the default in most parts of the world, Africa with its traditional ethics and customs has a lot to offer. Although the positive legalism is still embraced, there is a tendency of looking at the indigenous traditions for the inspiration of the system that would be a better fit in an African setting. Ubuntu ethics has a lot to offer and can be considered a basis for all traditional institutions in Africa. A great example of Ubuntu in action is the African Traditional Justice System which embraces the Ubuntu values as its basis. This article will provide a conceptualization of Ubuntu philosophy and will analyse its applications in the real-world scenarios through the case of Gacaca trials in Rwanda.

Firstly, this essay will define Ubuntu: its main tenants, how Ubuntu compares with other philosophical and ethical traditions, and the main criticism of Ubuntu ethics. Secondly, the application of Ubuntu ethics through African Indigenous Justice Systems will be covered, naming the features of Ubuntu that can be seen in the application of justice in the African setting, discussing the peace vs. justice discussion and why one value is emphasized more than another in AIJS, and how the traditional justice in Africa differs from the Western one.

Lastly, through the case study of Gacaca trials in post-genocide Rwanda, this essay seeks to demonstrate that the application of the traditional justice in the post-genocide society did what the Western legalistic system failed to do - it provided a more efficient way to distribute justice and made the healing of the wounds inflicted by the genocide easier by allowing the community to actively participate in the judicial decision-making process.

It is the opinion of this article that while the African Traditional Justice System has it's share of problems when applied in modern-day Africa, as the continent is embedded into the reality of the Westphalian state, each state being a part of the global international order, the Western model of justice is eroding the autonomy of the community which is a cornerstone of African society. However, the values of Ubuntu ethics persist, providing a strong basis for traditional African institutions. 

Conceptualization of Ubuntu

The word Ubuntu derives from the Bantu language group spoken widely across sub-Saharan Africa. It can be defined as "A quality that includes the essential human virtues; compassion and humanity" (Lexico, n.d.) and, according to Mugumbate and Nyanguru, is a homogenizing concept, a "backbone of African spirituality" in African ontology (2013). "Umuntu ngumuntu ngabantu" - a Zulu phrase meaning "a person is a person through other persons" is one of the widely spread interpretations of Ubuntu. 

In comparison with non-African philosophical thoughts, there can be found similarities between Ubuntu and the traditional Chinese as well as Western ethics, but when it comes to the modern Western way of thought, the contrast is striking. According to Lutz (2009), Confucian ethics, just like Ubuntu ethics, view the institution of family as a central building block of society. An Aristotelian tradition which prevailed in the Western world until Enlightenment had some characteristics similar to Ubuntu as well, namely the idea of Aristotle that human being is a social being and can only reach his true potential through the community (Aristotle, 350 B.C.E.). However, Thomas Hobbes had an opposite idea of human nature, claiming that the natural condition of man is solidarity (Hobbes, 1651). The values that still prevail in Ubuntu ethics, therefore, are rarely seen in modern liberal thought that prevails in the Western World and in the international order in general. According to Lutz (2009) "Reconciling self-realization and communalism is important because it solves the problem of moral motivation" which Western modern ethics have a hard time to answer. It can be argued, therefore, that Ubuntu has a lot to offer to the global ethical thought, especially in the world in which the Western ideas of individualism prevail and the values of community and collectivism are often forgotten.

Criticisms

However, while Ubuntu carries values that can contribute to global ethics, as a philosophical current it is heavily criticised. According to Metz (2011), there are three main reasons why Ubuntu receives criticism: firstly, it is considered vague as a philosophical thought and does not have a solid framework; secondly, it is feared that due to its collectivist orientation there is a danger of sacrificing individual freedoms for the sake of society; and lastly, it is thought that Ubuntu philosophy is applicable and useful only in traditional, but not modern society. 

When it comes to the reproach about the vagueness of Ubuntu as a philosophical thought, Thaddeus Metz examines six theoretical interpretations of the concept of Ubuntu:

U1: An action is right just insofar as it respects a person's dignity; an act is wrong to the extent that it degrades humanity.

U2: An action is right just insofar as it promotes the well-being of others; an act is wrong to the extent that it fails to enhance the welfare of one's fellows.

U3: An action is right just insofar as it promotes the well-being of others without violating their rights; an act is wrong to the extent that it either violates rights or fails to enhance the welfare of one's fellows without violating rights.

U4: An action is right just insofar as it positively relates to others and thereby realises oneself; an act is wrong to the extent that it does not perfect one's valuable nature as a social being.

U5: An action is right just insofar as it is in solidarity with groups whose survival is threatened; an act is wrong to the extent that it fails to support a vulnerable community.

U6: An action is right just insofar as it produces harmony and reduces discord; an act is wrong to the extent that it fails to develop community (Metz, 2007).

While arguing that the concept U4 is the most accepted in literature, Matz himself argues in favour of the concept U6 as the basis of the ethics is rooted not in the subject, but in the object (Metz, 2007).

The fear that Ubuntu tenants make people submissive to authority and collective goals, giving them a very strong identity that might result in violence against other groups originates, according to Lutz (2009), from a faulty understanding of Ubuntu. Even though the tribalism is pretty common in the African setting, it does not derive from the tenants of Ubuntu, but a corrupted idea of this ethical philosophy. Further criticism on the idea that collectivism might interfere with individual rights or liberties can also be denied quoting Lutz, who said that "Ethical theories that tell us we must choose between egoism and altruism, between self-love and love of others, between prudence and morality, or one's good and the common good are individualistic ethical theories" and therefore have nothing in common with ideas of Ubuntu, which, unlike the individualistic theories, reconciles the common and staff good and goals. 

The third objection, namely the question of whether Ubuntu ethics remain useful in the modern society which functions according to the Westphalian State model is challenged by Metz (2011). While it is true that Ubuntu developed in a traditional setting in which the value of human beings was based on the amount of communal life a human has lived (explaining the respect for the elders and the ancestors in African setting), a variant concept of dignity that in no way can be applied in a modern setting, there are still valuable ethical norms that can be thought by Ubuntu. Metz (2011) provides a concept of human dignity based on Ubuntu ideas, which, as he argues, can contribute to ethics in the modern African setting: "individuals have dignity insofar as they have communal nature, that is, the inherent capacity to exhibit identity and solidarity with others". 

The Ubuntu ethics in African Indigenous Justice System

The institutionalisation and centralisation of power in the hands of the Westphalian State takes away the power from the communities which are central to the lifestyle in Africa. However, the communal values have arguably persisted and continue to directly oppose the centralisation. While the Westphalian State model seems to be functioning in the West, there are many good reasons to believe that Africa must look for inspiration in local traditions and customs (Malisa & Nhengeze, 2018). Taking into consideration the Ubuntu values, it is not difficult to understand why institutionalisation has generally not been very successful in African setting (Mugumbate & Nyanguru, 2013), as a place where the community is morally obliged to take care of its members, there is little space for alienated institutions. 

Generally, two justice systems are operating alongside each other in many African societies: the state-administered justice system and the African Indigenous Justice System (AIJS). According to Elechi, Morris & Schauer, the litigants can choose between the state tribunal and AIJS, and can apply to be judged by the state if they do not agree with the sentence of the AIJS (Elechi, Morris, & Schauer, 2010). However, Ubuntu values emphasise the concept of reconciliation: "African political philosophy responds easily and organically to the demands for the reconciliation as a means of restoring the equilibrium of the flow of life when its disturbed" (Nabudere, 2005). As the national court interventions often disharmonize the community by applying the "winner takes it all" approach, and are sometimes considered to be corrupt, there is a strong tendency for the communities to insist on bringing the offender to the AIJS tribunal (Elechi, Morris, & Schauer, 2010).

African Indigenous Justice System is a great example of Ubuntu values in action. The system operates on the cultural norm that important decision should be reached by consensus of the whole group as opposed to the majority opinion. AIJS is characterised by features such as the focus on the effects the offence had on victims and the community, the involvement of the litigants in the active definition of harms and the resolution of the trial, the localisation and decentralisation of authority, the importance of the restoration of harm, the property or relationship, the understanding that the offender might be a victim of the socioeconomic conditions; with the main objective of the justice system being the restoration of relationships, healing, and reconciliation in the community (Elechi, Morris, & Schauer, 2010). Underlying this system is the concept of Ubuntu, which "leads to a way of dealing with the social problems which are very different from the Western legalistic, rule-based system which had become the global default" (Baggini, 2018).

One of the reasons why AIJS can be considered exemplary is its ability to avoid the alienation of the Western courts in which the victim, the offender, and everybody else seem to be represented, but neither victim nor offender can directly participate in the decision making. The system which emphasises reconciliation and in which the community is in charge of the process is arguably much more effective in the African setting, where communities are generally familiar and close-knit. As the offender is still considered a part of the community and is still expected to contribute to its surroundings in the future, the participation in the trial and the decision making is important to the reconciliation: "unlike adjudicated justice, negotiated justice is not a winner take it all justice. Resolution can be reached where the offender, the community, and the victim are each partially wrong" (Elechi, Morris, & Schauer, 2010). As there is very little hope for an offender to be reintegrated into a close community without forgiving and forgiveness from both parties, this type of approach is pivotal.

Another interesting feature of AIJS is the assumption that the offender is not inherently bad in himself, but is primarily a marginalised victim, who does not have the same opportunities as other members of the community to participate in the economic, political, and social aspects of the group, and who can be made right if both the offender and the community make effort (Elechi, Morris, & Schauer, 2010). This concept differs from the Western Hobbesian idea of human beings being inherently corrupt and is much closer to traditional Western Aristotelian ethics. What makes the African concept different, however, is the focus which is not on the virtue of the person himself, but rather on the relationship the offender has with his family and community which, although violated by the offence, can and should be rebuilt by amendments (Elechi, Morris, & Schauer, 2010).

The Gacaca Trials

The Gacaca trials are the state-administered structure which uses communities (around a thousand of them) as a basis for judicial forums (Meyerstein, 2007). They were introduced by the Rwandan government as an alternative to national justice after the Rwandan genocide.

During the colonial times, Rwanda was indirectly ruled by the colonisers through local authorities, namely the Tutsi minority (Uvin, 1999). The Hutu majority were considered second class citizens and by the time of independence were holding deep grievances. The Rwandan Revolution of 1959-1961 overthrew the monarchy and the ruling Tutsi elite. After the independence from the colonial regime, Rwanda was ruled by the Party of Hutu Emancipation Movement, which was supported by the international community on the grounds of the idea that the government is legitimate as it represents the majority of the population - the Hutu (ibid.) During the period of transition, ethnic violence against Tutsi, forcing many of them to leave the country, happened (Rettig, 2008). In 1990 the Rwandan Patriotic Army composed mostly by the Tutsi exiles invaded Rwanda from neighbouring Uganda (ibid.) The incumbent government harnessed the already pre-existing ethnic to unite the Hutu population to fight against the Tutsi rebels. The strategy included finding a scapegoat in an internal Tutsi population that continued to live in Rwanda (Uvin, 1999). The genocide which soon followed took lives of 500,000 to 800,000 people between April and July of the year 1994 when the total population at the time is estimated to have been around 8 million (Drumbl, 2020). More than 100,000 people were accused and waited in detention for trials, creating a great burden on a Rwandan county (Schabas, 2005).

According to Meyerstein (2007), the Gacaca trials were a response to the failure of the Western-styled nation court to process all the suspects of the genocide. Gacaca trials were based on indigenous local justice, with Ubuntu ethics being an underlying element of the system. The trials were traditionally informal, organic, and patriarchal, but the Rwandan government modernised the indigenous justice system by establishing an organisational structure, and, among other things, making the participation of women a requirement (Drumbl, 2020). 

The application of Gacaca trails to do justice after the genocide was not always well received by the international community. The trials received criticism for not complying with the international standards for the distribution of justice. For example, Amnesty International invoked Article 14 of the ICCPR and stated that Gacaca trials violated the right of the accused to be presumed innocent and to the free trial (Meyerstein, 2007). There are, undoubtedly, many problems that can be assigned to the system of Gacaca when it comes to the strict norms of the international norms. 

The judges are drawn from the community and arguably lack the official legal training, the punitive model of the trials that arguably have served for many as an opportunity for staff revenge, and the aforementioned lack of legal protection for the accused are a few of many problems faced by the Gacaca trials (Rettig, 2008). Furthermore, the Gacaca trials excluded the war criminals from the prosecution - there were many cases of the killings of Hutu civilians by Tutsis that formed the part of the Rwandan Patriotic Front army (Corey & Joireman, 2004). This was seen by many as a politicised application of justice, in which, by creating two separate categories of criminals - the crimes of war by the Tutsis that were not the subject of Gacaca and the crimes of the genocide by the Hutus that were dealt with by the trials - the impunity and high moral ground was granted for the Tutsi (ibid). This attitude might bring results that are contrary to the initial goal of the community-based justice - not the reconciliation of the people, but the further division of the society along the ethnic lines. 

However, while the criticism of the Gacaca trials is completely valid, it is also important to understand, that given the limited amount of resources and time, the goal of bringing justice to the victims of the genocide is an incredibly complex mission. In the context of the deeply wounded, post-genocidal society in which the social capital was almost non-existent, the ultimate goal, while having justice as a high priority, was first of all based on Ubuntu ethics and focused more on peace, retribution, and social healing. The utopian perfectness expected by the international community was nearly impossible, and the Gacaca trials met the goal of finding the best possible solutions in the limits of available resources. Furthermore, the criticism of international community often seemed to stem not so much from the preoccupation for the Rwandan citizens, as from the fact that a different approach to justice threatens the homogenising concept of human rights "which lashes out to squash cultural difference and legal pluralism by criticising the Gacaca for failures to approximate canonised doctrine" (Meyerstein, 2007).

While it is true that even Rwandan citizens often saw Gacaca as problematic, whether the problems perceived by them were similar to those criticised by the international community is dubious. For example, Rwanda's Supreme Court's response to the international criticism was the provision of approach to human rights which, while not denying their objectivity, also advocates for the definition that better suits the local culture and unique circumstances of post-genocide Rwanda (Supreme Court of Rwanda, 2003). After all, the interventions from the part of the Western world on behalf of the universal values have arguably created more violence historically than the defended values should ever allow. The acceptance that Gacaca trials, while imperfect, contributed positively to the post-genocide Rwandan society has the grave implications that human rights are ultimately a product of negotiation between global and local actors" (Meyerstein, 2007) which the West has always refused to accept. However, it is the opinion of this article that exactly the opposite attitude, namely that of better intercultural understanding and the search for the solutions that are not utopian but fit in the margins of the possibilities of a specific society, are the key to both the efficiency and the fairness of a justice system. 

Conclusion

The primary end of the African Indigenous Justice System is to empower the community and to foster reconciliation through a consensus that is made by the offenders, the victims, and the community alike. It encourages to view victims as people who have valuable relationships: they are someone's daughters, sons, fathers - they are important members of society. Ubuntu is the underlying basis of the Indigenous Justice System and African ethnicity in general. While the AIJS seems to be functioning alongside the state's courts, in the end, the centralization and alienation from the community are undermining these traditional values that flourish in the African setting. The Western legalistic system helps little when it comes to the main goal of justice in Africa - the reconciliation of the community, and more often than not only succeeds in creating further discord. While the criticism of Gacaca trials was undoubtedly valid, it often stemmed from the utopian idealism that did not take the actual situation of a post-genocide Rwanda into consideration or the Western universalism, which was threatened by the introduction of a justice system that in many ways differs from the positivist standard. It is the opinion of this article, therefore, that more autonomy should be granted to the communities that are the basic building blocks of most of the African societies, with the traditional values of Ubuntu being the basis of the African social institutions.

 

REFERENCES

Lexico. (n.d.). Lexicon. Retrieved from https://www.lexico.com/definition/ubuntu

Mugumbate, J., & Nyanguru, A. (2013). Exploring African Philosophy: The Value of Ubuntu in Social Work. African Journal of Social Work, 82-100.

Metz, T. (2011). Ubuntu as a moral theory and human rights in South Africa. African Human Rights Law Journal, 532-559.

Metz, T. (2007). Towards an African Moral Theory. The Journal of Political Philosophy.

Lutz, D. W. (2009). African Ubuntu Philosophy and Global Management. Journal of Business Ethics, 313-328.

Hobbes, T. (1651). Leviathan.

Aristotle. (350 B.C.E.). Politics.

Malisa, M., & Nhengeze, P. (2018). Pan-Africanism: A Quest for Liberation and the Pursuit of a United Africa. Genealogy.

Elechi, O., Morris, S., & Schauer, E. (2010). Restoring Justice (Ubuntu): An African Perspective. International Criminal Justice Review.

Baggini, J. (2018). How the World Thinks: A Global History of Philosophy. London: Granta Books.

Meyerstein, A. (2007). Between Law and Culture: Rwanda's Gacaca and Postolocial Legality. Law & Social Inquiry.

Corey, A., & Joireman, S. (2004). African Affairs. Retributive Justice: the Gacaca Courts in Rwanda.

Nabudere, D. W. (2005). Ubuntu Philosophy. Memory and Reconciliation. Texas Scholar Works, University of Texas Library.

Rettig, M. (2008). Gacaca: Truth, Justice, and Reconciliation in Postconflict Rwanda? African Studies Review.

Supreme Court of Rwanda. (2003). Developments on the subject of the report and different correspondences of Amnesty International. Départements des Jurisdictions Gacaca.

Drumbl, M. A. (2020). Post-Genocide Justice in Rwanda. Journal of International Peacekeeping.

Uvin, P. (1999). Ethnicity and Power in Burundi and Rwanda: Different Paths to Mass Violence. Comparative Politics, 253-271.

Schabas, W. A. (2005). Genocide Trials and Gacaca Courts. Journal of International Criminal Justice, 879-895.

Categories Global Affairs: Africa World order, diplomacy and governance Essays

June 15, 2021

WORKING PAPER / Jon Paris Oses, Jokin de Carlos Sola and Túlio Dias de Assis

ABSTRACT

South Korea finds itself in the middle of the geopolitical ambitions of regional giants, while at the same time addressing their own conflictive relationship with their northern counterpart. Because of that, a global and also a peninsular overview of their characteristics from an international relations perspective has been analysed, with the objective in mind of identifying the main dynamics and driving factors that strategically influence South Korea in the present times with an eye into the future. Pursuing that analysis, a global perspective and an inter-Korean perspective were suitable to better address the main issues, with special attention to the influence of the two big powers in relation with Seoul, the US and China, as well as the constant uncertainty North Korea generates in the relations between both Koreas. Findings regarding key aspects such as the US military presence in South Korean soil, or the possibility of a Korean reunification suggest the primacy of continuity and controlled stability for the next ten years, as the stakes are too high for the actors involved to take high-risk high-benefit decisions. The main conclusions follow the same direction, with stagnation as present condition South Korea will have to find its way, always with the inter-Korean relations in mind, if it wants to survive and develop its own path under the shadow of two giants.

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Categories Global Affairs: Asia World order, diplomacy and governance Documents of work

[Pablo Pérez López, Charles de Gaulle, el estadista rebelde (Ciudadela: Madrid, 2020), 218 pp.]

review / Jairo Císcar

Coinciding with the 50th anniversary of Charles de Gaulle's death and the 75th anniversary of the Allied victory in the Second World War, Professor Pablo Pérez López publishes this new biography of "the most illustrious of the French", as he is sometimes referred to. When one undertakes to write a biography, and even more so when it is about a figure about whom countless books and articles have been written, one runs the risk of becoming diluted in what has gone before and contributing nothing new. However, this volume presents the character from a different perspective: his rebelliousness. Rebelliousness understood as a fight for what one believes to be just, as an active non-conformism that pushes one to overcome mediocrity, as love and service to France in its darkest moments. I believe that this is precisely one of the book's greatest achievements: to present, in barely 200 pages and in a friendly and direct style, a new portrait of the French general, who - beyond the excusable chiaroscuros of any person - is a model to be followed and an example of courage that is fully up to date.

The book presents De Gaulle's life chronologically, from his childhood to his death. An analysis of his early life is fundamental to understanding the great man he would later become. We are presented with a restless and dreamy young man, a devout Christian from a very early age. A young man who, at the age of just 14, discovered a vocation, that of military life, which would mark his whole life and the lives of millions of his compatriots, and who would apply himself to it to the point of becoming a leader A . Also noteworthy in the book is the extensive use of passages from his memoirs or handwritten texts of the protagonist, which reveal the most unknown facet of the character: his psyche, his love, his devotion, his rebelliousness. For it must be stressed that sample is a self-aware (but not overbearing) De Gaulle who is clear that he has a mission statement.

We soon move on to introduce the then captain, who excelled during the Great War for his keen analysis and foresight, his love of France never clouding his judgement when it came to pointing out his own and others' failings. A young man who, despite the humiliation of being taken prisoner (despite his heroic efforts that earned him the Legion of Honour), never ceased to learn and examine the enemy, making the most of every moment of his 32 months in captivity.

We follow his development after the Great War, already as a promising member of Petáin's entourage. But it was not all success. De Gaulle's life is marked by the greatness of men who know how to overcome difficulties. Perhaps the most special, and where his true character can be seen, is in the life of his daughter Anne, who suffered from Down's syndrome, and with whom de Gaulle developed an extraordinary bond and closeness. It was with her that the thoughtful general dressed as an affable and affectionate father.

This training of his character seems to me essential to understand the rest of the book, and therefore the rest of his life. Without wishing to end up making a complete summary of the volume (which, as mentioned above, covers his entire life, with special and necessary emphasis on his "political life"), I felt it necessary to reflect the singular proposal and goal of this book, which is none other than to show that more unknown side of the French general, that rebelliousness and non-conformism that led him to play a very important role in the creation of the current form of the French Republic and whose imprint, 50 years after his death, is still alive in Europe and in French politics.

Personally, I was very attracted by the style and organisation of the writing. It makes proposal enjoyable and easy to read, while at the same time a very serious and profound work , which invites constant reflection. sample the intimacy and loneliness of a man faced with the incomprehension of his contemporaries, with respect to whom he was always ahead of the curve. A man who, at final, always put the greater good, his beloved France, before his own. An expert tankman who knew how to lead his country at such different times: the Free French government in London, the parade on the Champs Elysées, the revolt in Algiers, the birth of the Fifth French Republic, May '68 and his final resignation, as a man of honour, after losing the referendum on the Senate and the regions which he called, in one of his last acts of rebellion, against all his advisors.

Finally, de Gaulle was a rebel to the death, refusing any state funeral and resting, with his beloved daughter, in a small French village. His tombstone - which simply reads: Charles de Gaulle, 1890-1970 - merely shows his final rebellion. The man died, but the myth was born.

Categories Global Affairs: European Union World order, diplomacy and governance Book reviews

STRATEGIC ANALYSIS REPORT / Marina Díaz, Lucía Montón and Paula Mostajo

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EXECUTIVE SUMMARY

South Korea is considered to have a middle power status, not only in the North-East Asian region but internationally. In this sense, this paper aimed to provide a comprehensive understanding of the stance South Korea might take regarding key international, regional, peninsular and domestic issues in ten years time.

In the international sphere, this paper has focused on the US-ROK stating the plausibility of a further enhancement, in view of the new Biden's Administration's need to reduce the breach created by former President Trump.

Regarding the regional sphere, the present report addresses South Korea's relations with China, in economic matters; Japan, alliance-wise, and Russia, in relation with energy. These bilateral engagements are clearly impacted by South Korea's proximity to the United States, the country's historical memory and North Korea's willingness to be part of a trilateral understanding, respectively.

Second to last, the peninsular approach of the script assesses the development of inter-Korean relations in views of the two incompatible ideologies and approaches coming from the North and the South of the peninsula and presents the maintenance of the current status has the most plausible scenario.

To end up, there is an allusion to domestic concerns as they play an important role in South Korea's development capabilities. In this section the paper discusses the country's SARS-CoV-2 disease successful management and assess why export possibilities might not be taken for granted, the big South Korean concerns on the ever-worsening demographic situation and, lastly, the country's satisfactorily progression towards renewable energy sources.

Categories Global Affairs: Asia World order, diplomacy and governance Reports

STRATEGIC ANALYSIS REPORT / Corey J. Hubbard and Paula Mora Brito

 

 

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EXECUTIVE SUMMARY

Intense military pressures on South Korea have been present for half a century, with the country being at the centre of numerous regional conflicts. The government's technique for addressing external security threats differs depending on its nature, varying from assuming the position of great foreign powers to implementing its independent policy. The Republic of Korea's reliance on foreign assistance for defence and protection shows no signs of ending, especially concerning North Korea. The incitement of Kim Jong Un's government risks hostility in the region.

The country is under growing domestic pressures to find solutions for a rapidly ageing population and record low birthrates, one of the world's weakest. Failure to do so compromises South Korea's status as a growing power in East Asia, one of the four Asian Tigers, and risks leading the country to economic stagnation. Suppose the South Korean government does not find a way to make immigration more palatable to the Korean people. In that case, it is unlikely that South Korea will avoid a significant population decline.

Well-established antagonism with Japan could worsen as Japanese nationalist policies conflict with the South Korean government's goals. However, the recent signing of the Regional Comprehensive Economic Partnership opens up several possible developments in Korean-Japanese relations, extending from an unlikely reset in their bilateral ties to an equally unlikely economic confrontation. The Liancourt Rocks dispute also stands to be influenced by recent events, which may incline South Korea to turn to foreign mediation on the issue.

South Korean relations with the United States are evolving, with the Biden Administration recently inking a new cost-sharing deal with the South Korean Government to cover the expenses of American troops stationed on the Peninsula. Nevertheless, China's growing influence threatens to overturn the established order in the region, and a rapprochement of South Korea to China may take place over the coming decades.

The future security of South Korea is directly tied to developments on the Korean Peninsula. Suppose relations with the North Korean Regime significantly improve, which most expect to be unlikely in the near future. In that case, reunification may result, but North Korea's nuclear weapons development could destabilise the region too. Scenarios relating to these events vary from an unlikely reunification to an equally unlikely nuclear war.

South Korea's attempts at navigating the growingly tense feud between the United States and China may force the country to choose a side in the conflict, which will have severe ramifications for its security architecture.

Categories Global Affairs: Asia World order, diplomacy and governance Reports

STRATEGIC ANALYSIS REPORT / María G. Fajardo, Marcelina Kropiwnicka and Matilde Romito

 

 

 

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EXECUTIVE SUMMARY

The Korean Peninsula is central to the political, economic and military policies of several actors in the East Asia region. Due to its geographical location, the peninsula has seen the involvement of major powers throughout history, like the United States, China, Russia and Japan. Currently, the peninsula is a contested territory between the U.S. and China. The latter is the only country capable of challenging American interests and uses its economic power to increase its sphere of influence in the region.

The DPRK has built and maintained capabilities to target areas as far as U.S. soil. The North has always represented one of the biggest challenges for South Korea and its security guarantor, the U.S. President Biden will nevertheless sway for establishing a network line for Kim to potentially cross and instead, new sanctions could be expected despite their lack of effectiveness.

For the U.S. to maintain its dominant role in the East Asia region, deter North Korea, and keep China in check, it must reaffirm its military and economic alliances which entered into a period of uncertainty during the Trump administration. Currently, China is South Korea's principal trading partner and is openly evading international sanctions imposed on North Korea being its principal trading partner as well.

The prosperous South Korea will remain neutral in many aspects related to China, yet if put in a situation where it has to choose between the U.S. and China, it will incline towards the former, which remains its security guarantor. When it comes to Russia, its role in the Korean conflict is now secondary but over the years, Russia has used the U.S.-China battle to increase relations with the latter. In the case of Japan, a close U.S. ally, a shift in relations with the ROK is unlikely to happen any time soon since their political issues have evolved into legal ones. This will remain detrimental to the U.S' New East China Sea policy which requires cooperation between U.S. allies.

Diplomacy, openness and potential reunification in the peninsula depend on external actors. Neither reunification nor openness are likely to take place in the short term due to Kim's personality and the preference of external actors to maintain the status quo. A reunification led under peaceful terms would be most desirable and would ultimately lead to an even larger economic powerhouse in the region. For the U.S, this pathway would be most beneficial if a reunified Korea would align with the U.S. This would be detrimental, however, to China's geopolitical interests in the region. Russia could come out as being the greatest benefactor from a peaceful reunification. Lastly, Japan could continue to feel threatened by a reunified Korea, which is united by hatred over a colonial past under Japanese savage rule.

Categories Global Affairs: Asia World order, diplomacy and governance Reports

[Juan Tovar Ruiz, La doctrina en la política exterior de Estados Unidos: De Truman a Trump ( Madrid: Catarata, 2017) 224 pages].

review / Xabier Ramos Garzón

Every change in the White House leads to an analysis of the outgoing president's policies and speculation about the incoming president's policies. Given the weight of the United States in the world, each administration's vision of international affairs is decisive for the world order. Juan Tovar Ruiz, professor of International Office at the University of Burgos, deals in this book with the essence of each president's foreign policy - mainly from Truman to Trump (Biden's, logically, has yet to be defined) - which in many cases follows a defined roadmap that has come to be called 'doctrine'.

The book's strengths include the fact that it combines several points of view: on the one hand, it covers, from a realist point of view, the structural and internal effects of each policy, and on the other hand, it analyses the ideas and interactions between actors from a constructivist point of view. The author explores decision-making processes and their consequences, considers the ultimate effectiveness of American doctrines in the general context of International Office, and examines the influences, ruptures and continuities between different doctrines over time. Despite the relatively short history of the United States, the country has had an extensive and complex foreign policy, which Tovar, focusing on the last eight decades, synthesises with particular merit, adopting a mainly general viewpoint that highlights the substantive.

The book is divided into seven chapters, organised by historical stages and, within each, by presidents. The first chapter, by way of introduction, covers the period following US independence until the end of World War II. This period is sample as a background core topic in future American ideology, with two particularly decisive positions: the Monroe Doctrine and Wilsonian Idealism. The second chapter deals with the First Cold War, with the Truman, Eisenhower, Kennedy and Johnson doctrines. The chapter contextualises the various postulates and identifies the issues that went to core topic in the creation of doctrines that only affected the foreign policy of the time, but became embedded in the core of American political thought. The third chapter deals with the Distension, the period between 1969 and 1979 in which the Nixon and Carter doctrines came into being. The fourth chapter takes us to the Second Cold War and the end of the US-USSR confrontation, a time when we find the doctrines of Reagan and Bush senior. From this point, the following chapters (fifth, sixth and seventh) deal with the post-Cold War period, with the doctrines of Clinton, Bush junior and the more recent - and therefore still subject to study - doctrines of Obama and Trump.

In the conclusions, the author summarises each of the chapters on the basis of academic or political characterisations and makes some qualifications, such as warning that in his opinion Obama's foreign policy is more of a "non-doctrine", as it combines elements of different ideologies and is partly contradictory. Obama dealt with various conflicts in different ways: he dealt realistically with "wars of necessity" (Afghanistan) and agreement with the liberal internationalist approach to conflicts such as Libya. While Obama's flexibility might be considered a weakness by some, as he did not follow a firm and marked policy, it can also be seen as the necessary adaptation to a continuously changing environment. On many occasions a US president, such as Bush Jr., has pursued a rigid foreign policy, ideologically speaking, that ultimately achieved little practical success written request .

Another example of a variant of the conventional doctrine that sample the author gives is the "anti-doctrine" carried out by Trump. The man who was to be president until 2021 implemented a policy characterised by numerous contradictions and variations on the role that the US had been playing in the world, thereby casting doubt and uncertainty on the expected behaviour of the American superpower. This was due to Trump's political inexperience, both domestically and domestically, which caused concern not only among international actors but also at the core of Washington itself.

From the analysis of the different doctrines presented in the book, we can see how each of them is adapted to a specific social, historical and political context, and at the same time they all respond to a shared political tradition of a country that, as a superpower, manifests certain constants when it comes to maintaining peace and guaranteeing security. But these constants should not be confused with universal aspects, as each country has its own particularities and interests: simply adapting US positions to the foreign policy plans of other countries can lead to chaotic failures if these differences are not recognised.

For example, countries like Spain, which depend on EU membership, would not be able to enter into random wars unilaterally as the US has done. However, Spain could adopt some elements, such as in subject of decision-making, as this subject of doctrines makes it much easier to objectify and standardise the processes of analysis and resolutions.

Categories Global Affairs: North America World order, diplomacy and governance Book reviews

WORKING PAPER / Jokin de Carlos Sola

ABSTRACT

During and after the fall of the Soviet Block the three countries of Germany, Denmark and Sweden saw an opportunity to increase their influence on the region that centuries before they had possessed. They did this through diplomatic support of the opposition and communication strategies and once the new countries were either independent or liberal democracies, they used their economic and political power to attract them. This was done by buying and investing in the new privatised assets of these countries, soft power and in some cases diplomatic pressure. By this way Germany, Sweden and Denmark did not only got new investment hubs and markets for their products but also support in the Governance of the European Union.

 

 

 

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Categories Global Affairs: European Union World order, diplomacy and governance Documents of work

Gacaca trials, a powerful instrument of transitional justice implemented in Rwanda [UNDP/Elisa Finocchiaro].
 

ESSAY / María Rodríguez Reyero

One of the main questions that arise after a conflict comes to an end is what the reconstruction process should be focused on. Is it more important to forget the past and heal the wounds of a community or to ensure that the perpetrators of violence are fairly punished? Is the concept of peacebuilding in post-conflict societies compatible with justice and the punishment for crimes? Which one should prevail? And most importantly, which one ensures a better and more sustainable future for the already harshly punished inhabitants?

One of the main reasons in defence of the promotion of justice and accountability in post-conflict communities is its significance when it comes to retributive reasons: those who committed such atrocious crimes deserve to get the consequences. The accountability also discourages future degradations, and some mechanisms such as truth commissions and reparations to the victims allow them to have a voice, as potentially cathartic or healing. They may also argue that accountability processes are essential for longer-term peacemaking and peacebuilding. Another reason for pursuing justice and accountability is how the impunity of past crimes could affect the legitimacy of new governments, as impunity for certain key perpetrators will undermine people's belief in reconstruction and the possibilities for building a culture of respect for rule of law.[1]

On the other hand, peacebuilding, which attempts to address the underlying causes of a conflict and to help people to resolve their disputes rather than aiming for accountability, remains a quite controversial term, as it varies depending on its historical and geographical context. In general terms, peacebuilding encompasses activities designed to solidify peace and avoid a relapse into conflict[2]. According to Brahimi, those are undertaken to reassemble the foundations of peace and provide tools for building up those foundations, more than just focusing on the absence of war[3]. Some of the employed tools to achieve said aims typically include rule of law promotion and with the tools designed to promote security and stability: disarmament, demobilization, and reintegration of ex-combatants (DDR), and security sector reform (SSR) and others such as taking custody of and destroying weapons, repatriating refugees, offering advisory and training support for security personnel, monitoring elections, advancing efforts to protect human rights, reforming or strengthening government institutions and promotion of the formal and informal process of political participation.[4]

Those conflict resolution and peacebuilding activities can be disrupted by accountability processes. [5] The concern is that accountability initiatives might even block possible peace agreements and lengthen the dispute as they remove the foundations of the conflict, making flourish bad feelings and resentment amongst the society. The main reason behind this fear is that those likely to be targeted by accountability mechanisms may therefore resist peace deals. This explains why on many occasions and aiming for peace, amnesties have been given to secure peace agreements Likewise, there is a prevailing concern that transitional justice tools may reduce the impact in the short term the durability of a peace settlement as well as the effectiveness of further peace-building actions.

Despite the arguments in favour and against both mechanisms, the reality is that in practice post-conflict societies tend to strike a balance between peacebuilding and transitional justice. Both are multifaceted processes that do not rely on one system to accomplish their ends, that frequently converge. However, their activities on occasions collide and are not complimentary. This essay examines one of the dilemmas in building a just and durable peace: the challenging and complex relationship between transitional justice and peacebuilding in countries emerging from conflict.

To do so, this essay takes into consideration Rwanda, a clear example of the triumph of transitional justice, after a tragic genocide in 1994. From April to July 1994, between 800,000 and one million ethnic Tutsis were brutally killed during a 100-day killing spree perpetrated by Hutus[6]. After the genocide, Rwanda was on the edge of total collapse. Entire villages were destroyed, and social cohesion was in utter deterioration. In 2002, Rwanda boarded on the most arduous practice in transitional justice ever endeavoured: mass justice for mass atrocity, to judge and restart a stable society after the bloody genocide. To do so, Rwanda decided to put most of the nation on trial, instead of choosing, as other post-conflict states did (such as Mozambique, Uganda, East Timor, or Sierra Leone), amnesties, truth commissions, selective criminal prosecutions.[7]

On the other hand, Sierra Leone is a clear example of the success of peacebuilding activities, after a civil war that led to the deaths of over 50,000 people and a poverty-stricken country. The conflict faced the Revolutionary United Front (RUF[8]) against the official government, due to a context of bad governance and extensive injustice. It came to an end with the Abuja Protocols in 2001 and elections in 2002. The armed factions endeavoured to avoid any consequences by requesting an amnesty as well as reintegration assistance to ease possible societal ostracism. It was agreed only because the people of Sierra Leone so severely needed the violence to end. However, the UN representative to the peace negotiations stated that the amnesty did not apply to international crimes, President Kabbah asked for the UN's assistance[9] and it resulted in the birth of Sierra Leone's Truth and Reconciliation Commission (TRC) and the Special Court for Sierra Leone (SCSL or Special Court).[10]

Disarmament, Demobilization and Reintegration (DDR) and transitional justice

Promoting short- and longer-term security and stability in conflict-prone and post-conflict countries in many cases requires the reduction and structural transformation of groups with the capacity to engage in the use of force, including armies, militias, and rebel groups. In such situations, two processes are of remarkable benefit in lessening the risk of violence: DDR (disarmament, demobilization, and reintegration) of ex-combatants; and SSR (security sector reform).

DDR entails a range of policies and programs, supporting the return of ex-combatants to civilian life, either in their former communities or in different ones. Even if not all ex-combatants are turned to civilian life, DDR programs may lead to the transfer and training, of former members of armed groups to new military and security forces. The essence of DDR programming and the guarantees it seeks to provide is of utmost importance to ensuring peacebuilding and the possibility of efficient and legitimate governance.

It is undeniable that soldiers are unquestionably opposing to responsibility processes enshrined in peace agreements: they are less likely to cede arms if they dread arrest, whether it is by an international or domestic court. This intensifies their general security fears after the disarming process. In many instances, ex-combatants are integrated into state security forces, which makes the promotion of the rule of law, difficult, as the groups charged with enforcing new laws may have the most to lose through the implicated reforms. It is also likely to lessen citizen reliance on the security forces. The incorporation of former fighters not only in the new military but also in new civilian security structures is common: for example, in Rwanda, the victorious RPF dominated the post-genocide security forces.

While the spectre of prosecutions most obviously may impede DDR processes, there is a lesser possibility that it might provide incentives for DDR, as might happens where amnesty or reduced sentences are offered as inducements for combatants to take part in DDR processes. For them to be effective, the reliability of both the threat of prosecution and the durability of amnesty or other forms of protection are essentials whether it is in national or international courts. Even if this is not related to the promotion of transitional justice processes, it is another example of how it can have a long-term effect on the respect of human rights and the prevention of future breaches.

As previously stated, some DDR and transitional justice processes may share alike ends and even employ similar mechanisms. A variety of traditional processes of accountability and conflict resolution often also seek to promote reconciliation. DDR programs increasingly include measures that try to encourage return, reintegration, and if possible, reconciliation within communities. This willingness of victims to forgive and forget could in theory be promoted through a range of reconciliation processes like the ones promoted by transitional justice with the assistance of tools like truth commissions, which facilitate a dialogue that allows inhabitants to move forward while accepting the arrival of former perpetrators.  

The triumph of the Rwandan Patriotic Front (RPF) in 1994 finally put an end to the genocide in the country. The new government focused on criminal accountability for the 1994 genocide and as a result of this prioritization, the needs of survivors have not been met completely Rwanda is the paradigm and perfect example of prosecution of perpetrators of mass atrocity by the employment of transitional justice mechanisms, that were kept separated from DDR programs in order not to interfere with the attribution of responsibilities. [11] The Rwandan one is a case where DDR largely worked notwithstanding firmly opposing amnesty. Proof of this outstanding DDR success is how Rwanda has managed to successfully reintegrate around 54,000 combatants since 1995 thanks to the work of the Rwandan Demobilization and Reintegration Commission (RDRC). Another clear evidence of the effectiveness of DDR methods in Rwanda is the reintegration of child soldiers. Released child soldiers were installed in a special school (Kadogo School), which started with 2,922 children. By 1998 when it closed, the RDRC reported that 73% of its students had reunited with one or both parents successfully.[12]

On the other hand, Sierra Leone's case on DDR was quite different from Rwanda's success, as Sierra Leone's conflict involved the prevalence of children associated with armed forces and groups (CAAFG). By the time the civil war concluded in 2002, data from UNICEF estimates that roughly 6,845 children have been demobilized,[13] although the actual number could be way higher. Consequently, the DDR program in Sierra Leone is essentially focused on the reintegration of young soldiers, an initiative led by UNICEF with the backing of some local organisations, such as the National Committee on DDR (NCDDR)of Sierra Leone. Nonetheless, in practice, Sierra Leone's military did not endure these local guidelines, and as a result the participation of children in the process often had to be arranged by UNICEF peacekeepers in most cases. In addition to that initial local reluctance, some major quandaries aroused when it came to the reintegration of children in the new peace era in Sierra Leone, mainly due to the tests and requirements for children to have access to DDR programs, such as to present a weapon and demonstrate familiarity with it. [14] As a result, many CAAFG were excluded from the DDR process, primarily girls who were predominantly charged with non-directly military activities such as "to carry loads, do domestic work, and other support tasks."[15]In addition, many CAAFG were excluded from the DDR process.

Thus, the participation of girls in Sierra Leone's DDR was particularly low and many never even received support. While it is not clear how many girls were abducted during the war, data from UNICEF calculates that out of the 6,845 overall children demobilized, 92% were boys and only 8% were girls. The Women's Commission for Refugee Women and Children has pointed out that as many as 80 per cent of rebel soldiers were between the ages of 7 and 14, and escapes from the rebel camps reported that the majority of camp members were young captive girls. [16] Research also reported that 46% of the girls who were excluded from the program confirmed that not having a weapon was the reason for exclusion. In other cases, girls were not permitted by their husbands to go through the DDR,2 whilst others chose to opt-out themselves due to worry of stigmatization back in their neighbourhoods. [17] It is worth noting that many of those who succeeded to go through the demobilization phase "reported sexual harassment at the ICCs, either by male residents or visiting adult combatants", while others experienced verbal abuse, beatings, and exclusion in their communities.[18]

Another problem that underlines the importance of local leadership in DDR processes is that the UN-driven DDR program lets children decide to receive skill training rather than attending school if they were above 15 years. However, the program provided little assistance with finding jobs upon completion of the apprenticeship. Besides, little market examination was done to learn the demands of the local economy where children were trying to reintegrate into, so they are far more than the Sierra Leonean economy could absorb, which resulted in a lack of long-term employment for demobilized child soldiers. Studies by the Coalition to Stop the Use of Child Soldiers[19] and Human Rights Watch[20] revealed that adolescents who had previouslyhand been part of armed organisations during the war in Sierra Leone were re-recruited in Liberia or Congo because of the frustration and the lack of economic options for them back in Sierra Leone.

Promotion of the rule of law and its contributions to peacebuilding

Amongst many others, the promotion of the rule of law in post-conflict countries is a fundamental factor in peacebuilding procedures. It contributes to eradicating many of the causes of emerging conflicts, such as corruption, disruption of law... Even if it may seem contradictory, peacebuilding activities in support of the rule of law may become contradictory to transitional justice. Sometimes processes of transitional justice may displace resources, both capital, and human, that might otherwise be given to strengthening the rule of law. For instance, in Rwanda, it has been claimed that the resources invested in the development and assistance to national courts should have been equal to those committed to the International Criminal Tribunal for Rwanda (ICTR), and the extent to which trials at the ICTR have had an impact domestically remains to be seen.

However, transitional justice also presents other challenges to the reconstruction of the rule of law. Transitional justice processes might also destabilize critically imperfect justice sectors, making it more difficult to improve longer-term rule of law. They can stimulate responses from perpetrators which could destabilize the flimsy harmony of nascent governments, as they might question its legitimacy or actively attempt to undermine the authority of public institutions. Judging former perpetrators is an arduous task that is also faced with corruption and lack of staff and resources on many occasions. Additionally, the effort by national courts to prosecute criminals is an undue burden on the judicial system, which is severely damaged after a conflict and in many cases not ready to confront such atrocious crimes and the long processes they entail. Processes to try those accused of genocide in Rwanda, where the national judicial system was devastated after the genocide, have put great pressure on the judicial system, and the lack of capacity has resulted that many arrested remained in custody for years without having been convicted or even having had their cases heard, in the majority of the cases in appalling prison conditions. Such supposed accountability initiatives may have a counterproductive effect, contributing to a sense of impunity and distrust in justice processes.

Despite the outlined tensions, transitional justice and rule of law promotion are also capable to work towards the same ends. A key goal of transitional justice is to contribute to the rebuilding of a society based on the rule of law and respect for human rights, essential for durable peace. The improvement of a judiciary based on transparency and equality is strictly linked to the ability of a nation to approach prior human rights infringements after a conflict. [21] Both are potentially mutually reinforcing in practice if complementarities can be exploited. Consequently, rule of law advancement and transitional justice mechanisms however combine in some techniques.

To start with, the birth of processes to address past transgressions perpetrated during the conflict, both international and domestic processes, can help to restore confidence in the justice sector, especially when it comes to new arising democratic institutions. The use of domestic courts for accountability processes helps to place the judiciary at the centre of the promotion and protection of human rights of the local population, which contributes to the intensification of trust not only in the judicial system but also in public institutions and the government in general. Government initiation of an accountability process may indicate an engagement to justice and the rule of law beforehand. Domestically-rooted judicial processes, as well as other transitional justice tools, such as commissions of inquiry, may also support the development of mechanisms and rules for democratic and fair institutions by establishing regularized procedures and rules and promoting discussions rather than violence as a means of resolving differences and a reassuring population that their demands will be met in independent, fair and unbiased fora, be this a regular court or an ad hoc judicial or non-judicial mechanism. This is not to assume that internationally driven transitional justice mechanisms do not have a role to play in the development of the rule of law in the countries for which they have been established, as the hybrid tribunal of Sierra Leone demonstrates.[22]

In general terms, the refusal of impunity for perpetrators and the reformation of public institutions are considered the basic tools for the success of transitional justice. Transcending the strengthening of the judiciary, different reform processes can strengthen rule of law and accountability: institutions that counteract the influence of certain groups (including the government) like human rights commissions or anti-corruption commissions, may contribute to the establishment of a strong institutional and social structure more capable of confronting social tensions and hence evade the recurrence to conflict.[23]

Achieving an effective transitional justice strategy in Rwanda is an incredible challenge taking into consideration the massive scale as well as the harshness of the genocide, but also because of the economic and geographical limitations that make perpetrators and survivors live together in the aftermath. To facilitate things, other post-conflict states with similarly devastatingly high numbers of perpetrators have opted for amnesties or selective prosecutions, but the Rwandan government is engaged in holding those guilty for genocide responsible, thus strongly advocating for the employment of transitional justice. This is being accomplished through truth commissions, Gacaca traditional courts, national courts, and the international criminal tribunal for Rwanda combined. This underlines the dilemma of whether national or international courts are more efficient in implementing transitional justice.

Gacaca focuses on groups rather than individuals, seeks compromise and community harmony, and emphasizes restitution over forms of punishment. Moreover, it is characterized by accessibility, economy, and public participation. It encourages transparency of proceedings with the participation of the public as witnesses, who gain the truth about the circumstances surrounding the atrocities suffered during the genocide. Also, it provides an economic benefit, as Gacaca courts can try cases at a greater speed than international courts, thus reducing considerably the monetary cost as the number of incarcerated persons waiting for a trial is significantly reduced.

Alongside the strengths of the Gacaca system come flaws that seem to be inherent in the system. Many have come to see the Gacaca as an opportunity to require revenge on enemies or to frighten others with the threat of accusation, instead of injecting a sense of truth and reconciliation: the Gacaca trials have aroused concern and intimidation amongst many sectors of the population. Additionally, the community service prescribed to convicted perpetrators frequently is not done within the community where the crime was committed but rather done in the form of public service projects, which enforces the impression that officials may be using the system to benefit the government instead of helping the ones harmed by the genocide. Another proof of the control of Gacaca trials for benefit of the government is manifested by the prosecutions against critics of the post-genocide regime.

On the other hand, Sierra Leone's situation is very different from the one in Rwanda. To help restore the rule of law, the Special court settled in Sierra Leone must be seen as a role model for the administration of justice, and to promote deterrence it must be deemed credible, which is one of its main problems. [24] There is little confidence in the international tribunals amongst the local population, as the Court's nature makes it non-subordinated to the Sierra Leonean court system, and thus being an international tribunal independent from national control. [25] Nevertheless, it is considered as a "hybrid" tribunal since its jurisdiction extends over both domestic and international crimes and it relies on national authorities to enforce its orders. Still, in practice, there is no genuine cooperation between the government and the international community, as there is a limited extent of government participation in the Special Court's process and the lack of consultation with the Sierra Leonean population before the Court's endowment. This absence of national participation, despite causing scepticism over citizens, has the benefit that it remains more impartial when it comes to the proceedings against CDF leaders.

Another major particularity of the case of Sierra Leone and its process of implementation of transitional justice is once again the high degree of implication of children in the conflict, not only as victims but also as perpetrators of crimes. The responsibility of child soldiers for acts committed during armed conflict is a quite controversial issue. In general, under international law, the prosecution of children is not forbidden. However, there is no agreement on the minimum age at which children can be held criminally responsible for their acts. The Rome Statute, instituting the International Criminal Court (ICC), only provides the Court jurisdiction over people over eighteen years. Although not necessarily directly addressed to the prosecution of child soldiers, Article 40 of the Convention on the Rights of the Child foresees the trials of children (under eighteen), ordering that the process should consider their particular needs and vulnerabilities due to their shortage.

The TRC for Sierra Leone was the first one to focus on children's accountability, directly asserting jurisdiction over any person who committed a crime between the ages of fifteen and eighteen. Concerning child soldiers, the commission treated all children equally, as victims of war, but also studied the double role of children as both victims and perpetrators. It emphasized that it was not endeavouring to guilt but to comprehend how children came to carry out crimes, what motivated them, and how such offences might be prevented. Acknowledging that child soldiers are essentially victims of serious abuses of human rights and prioritizing the prosecution of those who illegally recruited them is of utmost importance. Meticulous attention was needed to guarantee that children's engagement did not put them at risk or expose them to further harm. Proper safeguard and child-friendly procedures were ensured, such as special hearings, closed sessions, a safe and comfortable environment for interviews, preserving the identity of child witnesses, and psychological care, amongst others.

However, shall children that have committed war crimes be prosecuted in the first place? If not, is there a risk that tyrants may assign further slaughter to be performed by child soldiers due to the absence of responsibility they might possess? The lack of prosecution could immortalize impunity and pose a risk of alike violations reoccurring eventually, as attested by the re-recruitment of some child soldiers from Sierra Leone in other armed conflicts in the area, such as in Liberia. Considering the special conditions of child soldiers, it becomes clear that the RUF adult leaders primarily are the ones with the highest responsibility, and hence must be prosecuted.[26]

It is known that both the Sierra Leonean government and the RUF were involved in the recruitment of child soldiers as young as ten years old, which is considered a violation of both domestic and international humanitarian law. Under domestic law, in Sierra Leone, the minimum age for voluntary recruitment is eighteen years. International humanitarian law, (Additional Protocol II) fifteen is established as the minimum age qualification for recruitment (both voluntary or compulsory) or participation in hostilities (includes direct participation in combat and active participation linked to combat such as spying, acting as couriers, and sabotage). Additionally, the African Charter on the Rights and Welfare of the Child[27] to which Sierra Leone is a signatory, requires "state parties . . . to take all necessary measures to ensure that no child below age eighteen shall take direct part in hostilities" and "to refrain in particular from recruiting any child."

Nevertheless, victims who have been hurt by children also have the right to justice and reparations, and it also comes to ask whether exempting children of accountability for their crimes is in their best interest. When the child was in control of their actions (not coerced, drugged, or forced) acknowledgement might be an important part of staff healing that also adds to their acceptance back in their communities. The prosecution, however, should not be the first stage to hold child soldiers accountable, as TRC in Sierra Leone also performs alternatives, so the possibility of using those should first be inquired, as these alternatives put safeguards to ensure the best interest of the child and the main aim is restorative justice and not criminal prosecution.

Conclusions

Finally, after parsing where peacebuilding and justice clash and when do they have shared methods, we can assert that establishing an equitable and durable peace requires pursuing both peacebuilding and transitional justice activities, taking into consideration how they interact and the concrete needs of each community, especially when it comes to the needs of former child soldiers and the controversial discussion around the need for their accountability and reinsertion in communities, as despite the pioneer case of Sierra Leone, the unusual condition of a child combatant, which is both victim and perpetrator still presents dilemmas concerning their accountability in international criminal law.[28]

Additionally, it becomes of utmost importance in assessing post-conflict societies, whether it is to implement peacebuilding measures such as DDR or to apply justice and search for accountability, that international led initiatives include in their program's local organisations. Critics of international criminal justice often assume that criminal accountability for genocide, crimes against humanity, and war crimes are better handled at the national level. While this may well hold for liberal democracies, it is far more problematic for post-conflict successor regimes, where the benefits of the proximity to the affected population must be seriously weighed against the challenges facing courts placed in conflict-ridden societies with weak and corrupt judiciaries. 

Local systems however have more legitimacy and capacity than devastated formal systems, and they promise local ownership, access, and efficiency, which seems to be the most appropriate way to ensure peace and endurability of peace. Additionally, restorative justice methods put into place thanks to local initiatives emphasize face-to-face intervention, where offenders have the chance to ask for forgiveness from the victims. In many cases restitution replaces incarceration, which facilitates the reintegration of offenders into society as well as the satisfaction of the victims.

To conclude, it has become clear that improving the interaction between peacebuilding and transitional justice processes requires coordination as well as a deep knowledge and understanding of said community. It is therefore not a question of deciding whether peacebuilding initiatives or transitional justice must be implemented, but rather to coordinate their efforts to achieve a sense of sustainable and most-needed peace in post-conflict countries. Taken together, and despite their contradictions, these processes are more likely to succeed in their seek to foster fair and enduring peace.

 

[1] Sooka, Y., 2006. Dealing with the past and transitional justice: building peace through accountability. [online] International Review of the network Cross. https://www.corteidh.or.cr/tablas/a21925.pdf [Accessed 5 April 2021].

2 Boutros-Ghali, B. (1992). An diary for Peace:Preventive Diplomacy, Peacemaking and peace-keeping.Report of the Secretary-General UN: https://digitallibrary.un.org/record/145749 [Accessed 5 April 2021].

[Brahimi (n.d.). Report of the Panel on United Nations Peace Operations. 55th Session: Brahimi Report | United Nations Peacekeeping [Accessed 5 April 2021].

[4] United Nations Secretary General (1992). "An Agenda for Peace, Preventive diplomacy, peacemaking and peace-keeping UN Doc. A/47/277 - S/24111, 17 June.", title VI, paragraph 55.<A_47_277.pdf (un.org)>. [Accessed 5 April 2021].

[5] Sooka, Y., 2006. Dealing with the past and transitional justice: building peace through accountability. [online] International Review of the Red Cross. Available at: < https://www.corteidh.or.cr/tablas/a21925.pdf > [Accessed 5 March 2021].

[6] Roser, M. and Nagdy, M., 2021. Genocides. [online] Our World in Data. Available at: < Genocides - Our World in Data > [Accessed 5 March 2021].

[7] Waldorf, L., 2006. Mass Justice For Mass Atrocity: Rethinking Local Justice As Transitional Justice. [online] Temple Law Review. Available at: < https://heinonline.org/HOL/LandingPage?handle=hein.journals/temple79&div=7 > [Accessed 5 March 2021].

[8] Gibril Sesay, M. and Suma, M., 2009. Transitional Justice and DDR: The Case of Sierra Leone. [online] International Center for Transitional Justice. Available at: < https://www.ictj.org/sites/default/files/ICTJ-DDR-Sierra-Leone-CaseStudy-2009-English.pdf > [Accessed 5 March 2021].

[9] Roht-Arriaza, N., & Mariezcurrena, J. (Eds.). (2006). Transitional Justice in the Twenty-First Century: Beyond Truth versus Justice. Cambridge: Cambridge University Press. Chapter 2, Sigal HOROVITZ: Transitional criminal justice in Sierra Leone. <(PDF) Transitional Criminal Justice in Sierra Leone | Sigall Horovitz - Academia.edu >[Accessed 5 March 2021]

[10] Connolly, L., 2012. Justice and peacebuilding in postconflict situations: An argument for including gender analysis in a new post-conflict model. [online] ACCORD. Available at: < https://www.accord.org.za/publication/justice-peacebuilding-post-conflict-situations/ > [Accessed 5 March 2021].

[11] Waldorf, L., 2009. Transitional Justice and DDR: The Case of Rwanda. [online] Intenational Center for Transitional Justice. Available at:    < https://www.ictj.org/sites/default/files/ICTJ-DDR-Rwanda-CaseStudy-2009-English.pdf >[Accessed 5 April 2021].

[13] UNICEF (2004). From Confict to Hope:Children in Sierra Leone's Disarmament, Demobilisation and Reintegration Programme. [Accessed 5 April 2021].

[14] SESAY, M.G & SUMA, M. (2009), "Transitional Justice and DDR: The Case of Sierra Leone", International Centre for Transitional Justice (ICTJ) [Accessed 5 April 2021].

[15] WILLIAMSON, J. (2006), “The disarmament, demobilization and reintegration of child soldiers: social and psychological transformation in Sierra Leone”, Intervention 2006, Vol. 4, No. 3, Available from: < http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.600.1127&rep=rep1&type=pdf> [Accessed 5 April 2021].

[16]: A. B. Zack-Williams (2001) Child soldiers in the civil war in Sierra Leone, Review of African Political Economy, 28:87, 73-82, DOI: 10.1080/03056240108704504 [Accessed 5 April 2021].

[17] MCKAY, S. & MAZURANA, D. (2004), "Where are the girls? Girls in Fighting Forces in Northern Uganda, Sierra Leone and Mozambique: Their Lives During and After War",Rights & Democracy. International Centre for Human Rights & Democratic Development, [Accessed 5 April 2021].

[18] UNICEF (United Nations Children’s Fund) (2005), “The Impact of Conflict on Women and Girls in West and Central Africa and the Unicef Response”, Emergencies, pg.19,Available from: < https://www.unicef.org/emerg/files/Impact_conflict_women.pdf>  [Accessed 5 April 2021].

[19] Coalition to Stop the Use of Child Soldiers (2006), "Child Soldiers and Disarmament, Demobilization, Rehabilitation and Reintegration in West Africa". [Accessed 5 April 2021].

[20] HRW (Human Rights Watch) (2005), “Problems in the Disarmament Programs in Sierra Leone and Liberia [1998-2005]”, Reports Section, Available from: <https://www.hrw.org/reports/2005/westafrica0405/7.htm>  [Accessed 5 April 2021].

[21] Herman, J., Martin-Ortega, O. and Sriram, C., 2012. Beyond justice versus peace: transitional justice and peacebuilding strategies. 1st ed. Routledge. <Beyond justice versus peace: transitional justice and peacebuilding strategies | Taylor & Francis Group> [Accessed 5 March 2021]

[22] Young, G., n.d. Transitional Justice in Sierra Leone: A Critical Analysis. [online] PEACE AND PROGRESS – THE UNITED NATIONS UNIVERSITY GRADUATE STUDENT JOURNAL. Available at: < https://postgraduate.ias.unu.edu/upp/wp-content/uploads/2013/03/upp_issue1-YOUNG.pdf > [Accessed 5 March 2021].

[23] Herman, J., Martin-Ortega, O. and Sriram, C., 2012. Beyond justice versus peace: transitional justice and peacebuilding strategies. 1st ed. Routledge. <Beyond justice versus peace: transitional justice and peacebuilding strategies | Taylor & Francis Group> [Accessed 5 March 2021]

[24] Stensrud, E., 2009. New Dilemmas in Transitional Justice: Lessons from the Mixed Courts in Sierra Leone and Cambodia. [online] Journal of peace research. Available at: <New Dilemmas in Transitional Justice: Lessons from the Mixed Courts in Sierra Leone and Cambodia on JSTOR> [Accessed 5 March 2021].

[25] Roht-Arriaza, N., & Mariezcurrena, J. (Eds.). (2006). Transitional Justice in the Twenty-First Century: Beyond Truth versus Justice. Cambridge: Cambridge University Press. Chapter 2, Sigal HOROVITZ: Transitional criminal justice in Sierra Leone. <(PDF) Transitional Criminal Justice in Sierra Leone | Sigall Horovitz - Academia.edu >[Accessed 5 March 2021]

[26] Zarifis, Ismene. "Sierra Leone's Search for Justice and Accountability of Child Soldiers." Human Rights Brief 9, no. 3 (2002): 18-21. [Accessed 5 April 2021].

[27] Article 22 of the AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD , achpr_instr_charterchild_eng.pdf (un.org). [Accessed 5 April 2021].

[28] Veiga, T. G. (2019). A New Conceptualisation of Child Reintegration in Conflict Contexts. E International Relations: https://www.e-ir.info/2019/06/21/a-new-conceptualisation-of-child-reintegration-in-conflict-contexts/.[Accessed 5 April 2021].

Categories Global Affairs: Africa World order, diplomacy and governance Essays

First high-level US-China meeting of the Biden era, to be held in Alaska on 18 March 2021 [State Department].

 

essay / Ramón Barba

President Joe Biden is cautiously building his Indo-Pacific policy, seeking to build an alliance with India on which to build an order to counter the rise of China. Following his entrance in the White House, Biden has kept the focus on this region, albeit with a different approach than the Trump Administration. While it is true that the main goal is still about containing China and defending free trade, Washington is opting for a multilateral approach that gives greater prominence to QUAD[1] and takes special care over relations with India. As a standard-bearer for the free world and democracy, the Biden Administration seeks to renew US leadership in the world and particularly in this critical region. However, although the relationship with India is at a good moment, especially given the signature of agreement scholarship[2] reached at the end of the Trump Administration, the interaction between the two countries is far from consolidating an alliance.

The new US presidency is faced with a very complicated puzzle to solve in the Indo-Pacific, with China and India as the main players. Generally speaking, of the three powers, only Beijing has successfully managed the post-pandemic status [3], while Delhi and Washington continue to face both a health and economic crisis. All of this may affect the India-US relationship, especially on trade[4], but although Biden has yet to demonstrate his strategy in the region, the relationship between the two powers looks set to go from strength to strength[5]. However, although the US wants to pursue a policy of multilateral alliances and deepen its relationship with India, the Biden administration will have to take into account a number of difficulties before it can talk about an alliance as such.

Biden began to move in this direction from the outset. First up was February's meeting of QUAD[6], which some see as a mini-NATO[7] for Asia, where issues of vaccine distribution in Asia (aiming to distribute one trillion doses by 2022), freedom of navigation in the region's seas, North Korea's denuclearisation and democracy in Myanmar were discussed. In addition, the UK seems to be taking a greater interest in the region and in this dialogue group . On the other hand, in mid-March there was a meeting in Alaska[8] between Chinese and US diplomats (led respectively by Yang Jiechi, director of the Central Foreign Affairs Commission, and Antony Blinken, Secretary of State), in which both countries harshly reproached each other's policies. Washington remains firm in its interests, although open to a certain partnership with Beijing, while China insists on rejecting any interference in what it considers to be its internal affairs. Finally, it is worth mentioning that Biden seems to be willing to organise a summit of democracies[9] in his first year in office.

Following contacts also in Alaska between the Chinese and US defence chiefs, Pentagon chief Austin Lloyd[10] visited India to stress the importance of Indo-US cooperation. In addition, early April saw France's participation in the La Pérouse[11] naval exercises in the Bay of Bengal, raising the possibility of a QUAD-plus involving not only the four original powers but also other countries.

The Indo-Pacific, remember, is the present and the future of the International Office due to its economic importance (its main actors, India, China and the USA, represent 45% of the world's GDP), demographic importance (it is home to 65% of the world's population) and, as we will see throughout this article, geopolitical importance[12].

US-China-India relations

The Biden administration seems to be continuing along the same lines as the Trump administration, as the objectives have not changed. What has changed is the approach to the subject matter, which in this case is none other than the containment of China and freedom of navigation in the region, albeit on the basis of a strong commitment to multilateralism. As George Washington's new successor said at his inauguration[13], the United States wants to resume its leadership, but in a different way from the previous Administration; that is, through a strong policy of alliances, moral leadership and a strong defence of values such as dignity, human rights and the rule of law.

The new presidency sees China as a rival to be reckoned with[14], as does the Trump Administration, but it does not see this as a zero-sum game, since, although it openly declares itself to be against Xi's actions, it opens the door to dialogue[15] on issues such as climate change or healthcare. Generally speaking, in line with what has been seen in New tensions in the Asia-Pacific[16], the United States is committed to a multilateralism that seeks to reduce tension. It should be remembered that the United States advocates the defence of free navigation and the rule of law, as well as democracy in a region in which its influence is being eroded by the growing weight of China.

A good understanding of the state of US-China-India relations goes back to 2005[17], when everything seemed to be going well. As far as the Sino-Indian relationship was concerned, the two nations had resolved their disputes over the 1998 nuclear tests, their presence in regional fora was growing, and it seemed that the issue of cross-border disputes was beginning to be settled. For its part, the United States enjoyed good trade relations with both countries. However, shifting patterns in the global Economics , driven by the rise of China, the 2008 financial crisis in the US, and India's inability to maintain its growth rate upset this balance. Donald Trump's tightening stance contributed to this. However, some argue that the breakdown of the post-Cold War order in the Asia-Pacific began with the Obama administration's 'pivot to Asia'[18]. To this must be added the minor frictions China has had with both nations.

Briefly, it is worth mentioning that there are border problems between India and China[19] that have been flaring up again since 2013. India, in turn, is opposed to Chinese hegemony; it does not want to be subjugated by Beijing and is clearly committed to multilateralism. Finally, there are problems regarding maritime dominance because the Strait of Malacca is at capacity. Moreover, Delhi claims the Adaman and Nicobar Islands, on the Malacca access route, as its own. Moreover, as India is now well below China's military and economic power[20] - the balance that existed between the two powers in 1980 is broken - it is trying to hinder Beijing in order to contain it.

The United States has ideological subject friction with China, due to the authoritarian nature of Xi Jinping's regime[21], and commercial friction, in a dispute[22] that Beijing is trying to take advantage of to reduce US influence in the region. In the middle of this conflict is India, which supports the United States because, although it does not seem to want to be completely against China[23], it rejects a Chinese regional hegemony[24].

According to the CEBR's latest report [25], China will overtake the United States as a global power in 2028, earlier than previous projections, in part because of its handling of the coronavirus emergency: it was the only major country to avoid a crisis after the first wave. On the other hand, the US has lost the battle against the pandemic; economic growth between 2022-2024 is expected to be 1.9% of GDP and to slow to 1.6% in the following years[26], while China, according to report , is expected to grow at 5.7% between 2021-2025[27].

For China the pandemic has been a way of signalling its place in the world[28], a way of warning the United States that it is ready to take over as leader of the international community. This has been compounded by China's belligerent attitude in the Asia-Pacific region, as well as its hegemonic growth in the region and trade projects with Africa and Europe. All of this has led to imbalances in the region that implicate Washington's QUAD moves. Recall that, despite its declining role as a power, the US is interested in freedom of navigation for both commercial and military reasons[29].

China's economic rise has thus led to a worsening of the relationship between Washington and Beijing[30]. Moreover, while Biden is committed to cooperation on the pandemic and climate change, there is talk in some quarters of American politics of inevitable competition between the two countries[31].

The Degree of the US-India alliance

In line with the above, we can see that we are in a delicate situation after the change in the White House. January and February have been months of small moves by the US and India, which have not left China indifferent. Although the Sino-US relationship has benefited both sides since its inception (1979)[32], with trade between the two countries growing by 252% since then, the reality is that trust levels are now at rock bottom, with more than 100 dialogue mechanisms suspended between them. Therefore, although conflict is not foreseeable, tension is predicted to rise as, far from being able to cooperate in broad areas, only light and limited cooperation seems feasible at the moment. At the same time, it should be remembered that China is very much affected by the Malacca Dilemma[33], which is why it is seeking other access to the Indian Ocean, giving rise to territorial disputes with India, with whom it already has the territorial problem of Ladakh[34]. In the midst of this Thucydides Trap[35], in which China seems to threaten to overtake the United States, Washington has been moving closer to New Delhi.

Consequently, both countries have been developing a strategic partnership [36], based essentially on security and defence, but which the United States seeks to extend to other areas. It is true that Delhi's problems are in the Indian Ocean and Washington's in the Pacific; however, both have China[37] as a common denominator. Their relationship, moreover, is strongly marked by the aforementioned "tripartite crisis"[38 ] (health, economic and geopolitical).

Despite the intense cooperation between Washington and New Delhi, there are two different views on thispartnership. While the US claims that India is a very important ally, sharing the same political system and an intense trade relationship[39], India prefers a less strict alliance. Traditionally, Delhi has conveyed a policy of non-alignment[40] in international affairs. Indeed, while India does not want Chinese supremacy in the Indo-Pacific, neither does it want to align itself directly against Beijing, with whom it shares more than 3,000 km of border. Nonetheless, Delhi sees a great need for cooperation with Washington on subject security and defence. Indeed, some argue that India needs the US more than ever.

Although Washington began to review the US Global Posture Strategy last February, everything suggests that the Biden Administration will continue Trump's line on partnership with India as a way of containing China. However, while Washington speaks of India as its ally, Delhi is somewhat reticent, speaking of an alignment[41] rather than an alliance. Although the reality we live in is far from that of the Cold War[42], this new containment[43] in which Delhi is sought as a base, support and banner, is materialised in the following:

(i) Intensive cooperation on subject Security and Defence

There are different forums and agreements here. First, the aforementioned QUAD[44]. This new multilateral cooperation alliance that began to take shape in 2006[45] agreed at its March meeting on the development of its vaccine diplomacy, with India at the centre, in order to counteract Beijing's successful international campaign in this field. In fact, there was a commitment to spend 600 million to deliver 1 billion vaccines[46] by 2022. The idea is that Japan and the US will finance the operation[47], while Australia will provide the logistics. India, however, is committed to greater multilateralism in the Indo-Pacific, giving entrance to countries such as the UK and France[48], which already participated in the last Raisina Dialogues together with QUAD. Other issues such as the denuclearisation of Korea, the restoration of democracy in Myanmar and climate change were also discussed at meeting [49].

India seeks to contain China, but without provoking a direct confrontation with China[50]. In fact, Beijing has intimated that if things go further, it is not only India that knows how to play Realpolitik. Let us recall that New Delhi will chair this year's meeting with the BRICS. Moreover, the Shanghai Cooperation Organisation will host joint military exercises between China and Pakistan, a country with a complex relationship with India.

On the other hand, during his March trip to India, the Pentagon chief[51] discussed with his counterpart Rajnath Singh increased military cooperation, as well as issues related to logistics, exchange information, possible opportunities for mutual attendance and the defence of free navigation. Lloyd said he did not object to Australia and Korea participating as permanent members in the Malabar exercises. Since 2008, military subject trade between Delhi and Washington has totalled $21 billion[52]. In addition, $3,000 has recently been spent on drones and other aerial equipment for reconnaissance and surveillance missions.

A week later this meeting, two Indian and one US ship conducted a maritime exercise of subject PASSEX[53] as a way of consolidating the synergies and interoperability achieved in last November's Malabar exercise.

accredited specialization subject In this context, a special mention should be made of the 2+2 dialogue platform and the aforementioned scholarship (agreement ) ( exchange and Basic and Cooperation for Geospatial Cooperation). The first is a subject of meeting in which the foreign and defence ministers of both countries meet every two years to discuss issues of interest to them. The most recent meeting took place in October 2020[54]. Not only was the scholarship agreed, but the US reaffirmed its support for India on its territorial issues with China. Other memoranda of understanding were also signed on nuclear energy and climate issues.

The scholarship, signed in October 2020 during the final months of the Trump administration, makes it easier for India to better track enemies, terrorists and other subject threats from land or sea. This agreement is intended to consolidate the friendship between the two countries, as well as help India outpace China technologically. This agreement concludes the "troika of foundational pacts" for deep security and defence cooperation between the two countries[55].

Prior to this agreement, the LEMOA (Memorandum of agreement for exchange Logistics) was signed in 2016, and in 2018 the COMCASA (agreement Communications Compatibility and Security Agreement) was signed. The former allows both countries access to each other's instructions for supply and replenishment; the latter allows India to receive systems, information and encrypted communication to communicate with the United States. Both agreements affect land, sea and air forces[56].

(ii) United for Democracy

Washington emphasises that the two powers are very similar, since they share the same political system, and it is emphasised with a certain grandiloquence that they are the oldest and the largest democracy (per issue inhabitants)[57]. Because this presupposes a shared set of values, Washington likes to speak of "likeminded partners"[58].

Tanvi Mandan of the Brookings Institution think tank Tanvi Mandan defends this idea of ideological bonding. The same system of government means that the two countries see each other as natural allies, who think alike and also believe in the value of the rule of law. In fact, in all matters relating to the spread of democracy around the globe, there is strong cooperation between the two nations: for example, supporting democracy in Afghanistan or the Maldives, launching the US-India Global Democracy Initiative, and providing legal and technical assistance on democratic issues to other countries at attendance . Finally, it is worth noting that democracy and its associated values have facilitated the exchange and flow of people from one country to another. As for the economic relationship between the two countries, it has become more viable, given that they are both open economies, share a common language and their legal system has Anglo-Saxon roots.

iii) Growing economic cooperation

partner The United States is India's main trading partner, with which it has a significant surplus[59]. Trade between the two has grown by 10% annually over the last decade, and in 2019 was $115 billion[60]. Around 2,000 US companies are based in India, and some 200 Indian companies are based in the US[61]. There is a Mini-Trade Deal between the two, believed to be signed soon, which aims to deepen this economic relationship. In the context of the pandemic, everything related to the health sector plays an important role[62]. 62] In fact, despite the fact that both countries have recently adopted a protectionist attitude, the idea is to achieve $500 billion in trade.

Divergences, challenges and opportunities for India and the US in the region

Briefly, between the leaders of the two countries there are minor frictions, opportunities and challenges to be nuanced in order to make this relationship a strong alliance. Among the sticking points is India's purchase of S-400 missiles from Russia, which is against CAATSA(Countering America's Adversaries trhough Sanctions Act) [64], for which India may receive a sanction, although in the meeting between Sigh and Lloyd, Lloyd seemed to overlook topic [65]. However, it remains to be seen what happens once the missiles arrive in Delhi. There are also minor divergences on freedom of expression, security and civil rights, and how to engage with non-democratic countries[66]. Among the challenges that both countries must take into account is the possible loss of support in some quarters of US policy for the relationship with India. This is due to India's actions in Kashmir in August 2019, the protection of religious freedom and attention to dissent. On the other hand, there has been no shortage of weakening of democratic norms, immigration restrictions and violence against Indians[67].

Lastly, let us remember that both are facing a profound health and therefore economic crisis, the resolution of which will be decisive in relation to competition with Beijing[68]. The crisis has affected the bilateral relationship since, although trade in services has remained stable (around 50 billion), trade in goods declined from 92 to 78 billion between 2019 and 2020, increasing India's trade deficit[69].

Finally, it is worth mentioning the opportunities. First, both countries can develop democratic resilience in the Indo-Pacific as well as in a rules-based international order[70]. In security and defence, there are also opportunities such as the UK and France's entrance as allies in the region, for example by seeking both countries' entry into the Malabar exercise or France's chairmanship of the Indian Ocean Naval Symposiumin 2022[71]. Although the medium-term trend deadline is for cooperation between the US and India, skill with Russia will be a growing threat[72], so cooperation between the US, India and Europe is very important.

It also opens up the possibility of cooperation in MDA (Maritime Warning Environment) and ASW (Anti-Submarine Warfare) mechanisms, as the Indian Ocean is of general importance to several countries due to the value of its energy transport routes. The possibility of cooperation through the use of the US P-8 "Poseidon" aircraft is opened up. Despite disputes over the Chagos archipelago, India and the US should take advantage of the agreements they have over islands such as the Andaman and Diego Garcia to carry out these activities[73]. Therefore, India should use the regional bodies and groups of work to cooperate with European countries and the US[74].

Europe seems to be gaining increasing importance because of the possibility of entering the Indo-Pacific game through QUAD Plus. European countries are very much in favour of multilateralism, defending freedom of navigation and the role of rules in regulating it. While it is true that the EU has recently signed a trade agreement with China - the IAC - increasing the European presence in the region takes on greater importance, as Xi's authoritarianism and his actions in Tibet, Xinjiang, or central China are not to the liking of European countries[75].

Lastly, it is worth remembering that there are some voices that speak of a decline or weakening of globalisation[76], especially after the coronavirus epidemic[77], so reviving multilateral exchanges through joint action becomes a challenge and an opportunity for both countries. In fact, it is believed that protectionist tendencies, at least in the Sino-Indian relationship, will continue in the short term deadline , despite intense economic cooperation[78].

Conclusion

The geopolitical landscape in the Indo-Pacific is complex to say the least. Chinese expansionism clashes with the interests of the other major regional power, India, which, while avoiding confrontation with Beijing, takes a dim view of its neighbour's actions. In a bid for multilateralism, and with its sights set on its regional waters, threatened by the Malacca Dilemma, India seems to be cooperating with the United States, but sticking to regional forums and groups to make its position clear, while seeming to open the door to European countries, whose interest in the region is growing, despite the recent trade agreement signed with China.

On the other hand, the United States is also threatened by Chinese expansionism and sees the moment of its rival's economic overtaking approaching, which the coronavirus crisis may even have brought forward to 2028. In order to avoid this status, the Biden Administration has opted for multilateralism at the regional level and is deepening its relationship with India, beyond the military aspect. Washington seems to have understood that US hegemony in the Indo-Pacific is far from being real, at least in the medium term deadline, so that only a cooperative and integrating attitude can be adopted. On the other hand, in the midst of this supposed retreat from globalisation, we see how Washington, together with India, and probably halfway through deadline with Europe, are defending the Western values that govern the international sphere, i.e. the defence of human rights, the rule of law and the value of democracy.

There are two factors at play here. On the one hand, India does not want to see an order imposed by any subject, either American or Chinese, hence its reluctance to confront Beijing directly and its preference to expand the QUAD. On the other hand, the United States seems to perceive that it is at a delicate moment, as its competition with China goes beyond the mere substitution of one power for another. Washington is still a traditional power that, for its presence in the Indo-Pacific, has relied primarily on military power, while China has based the extension of its influence on the establishment of strong trade relations that go beyond the belligerent logic of the Cold War. Hence, the United States is seeking to form a front with India and its European allies that goes beyond military cooperation.

 

REFERENCES 

[1] The QUAD (Quadrilateral Security Dialogue) is a dialogue group formed by the United States, India, Japan and Australia. Its members share a common vision of Indo-Pacific security that runs counter to China's; they advocate multilateralism and freedom of navigation in the region.

[2] scholarship (Basic Exchange and Cooperation Agreement). Treaty signed by India and the United States in October 2019 to improve security in the Indo-Pacific region. Its goal is the exchange of tracking, tracing and intelligence systems.

[3]Chilamkuri Raja Mohan, "Trilateral Perspective". Chinawatch. Connecting Thinkers... http://www. chinawatch.cn/a/202102/05/WS60349146a310acc46eb43e2d.html,(accessed 5 February 2021),

[4] Tanvi Madan, "India and the Biden Administration: Consolidating and Rebalancing Ties," in Tanvi Madan, "India And The Biden Administration: Consolidating And Rebalancing Ties",. German Marshal Found of the United States. https://www.gmfus.org/blog/2021/02/11/india-and-biden-administration-consolidating-and-rebalancing-ties,(accessed 11 February 2021).

[5]DarshanaBaruah, Frédéric Grére, and Nilanthi Samaranayake, "diary 2021: A Blueprint For U.S.-Europe-India Cooperation", US-India cooperation on Indo-Pacific Security. GMF India Trilateral Forum. Pg:1. https://www.gmfus.org/blog/2021/02/16/us-india-cooperation-indo-pacific-security, (accessed 16 February 2021).

[6] "'QUAD' Leaders Pledge New Cooperation on China, COVID-19, Climate". Aljazeera.com. https://www.aljazeera.com/news/2021/3/12/quad-leaders-pledge-new-cooperation-on-china-covid-19-climate (accessed March 2021).

[7] Mereyem Hafidi, "Biden Renews 'QUAD' Alliance Despite Pressure From Beijing". Atalayar. https://atalayar.com/content/biden-renueva-la-alianza-de-%E2%80%98QUAD%E2%80%99-pesar-de-las-presiones-de-pek%C3%ADn.(accessed February 2021).

[8] "`Grandstanding`: US, China trade rebukes in testy talks". Aljazeera. https://www.aljazeera.com/news/2021/3/19/us-china-top-diplomats-trade-rebukes-in-testy-first-talks (accessed March 2021).

[9] Joseph R. Biden, "Why America Must Lead Again". Foreign Affairs. https://www.foreignaffairs.com/articles/united-states/2020-01-23/why-america-must-lead-again (accessed February, 2021).

[10] Maria Siow. "India Receives US Defence Secretary With China On Its Mind". South China Morning Post. https://www.scmp.com/week-asia/politics/article/3126091/india-receives-us-defence-secretary-lloyd-austin-china-its-mind.(accessed 19 March 2021).

[11] Seeram Chaulia, "France and sailing toward the 'QUAD-plus'". The New Indian Express. https://www. newindianexpress.com/opinions/2021/apr/06/france-and-sailing-toward-the-QUAD-plus-2286408.html (accessed April 4, 2021).

[12] Juan Luis López Aranguren. "Indo-Pacific: The new order without China at the centre. The Indo-Pacific as a new global geopolitical axis. Global Affairs Journal. P.:2. https://www.unav.edu/web/global-affairs/detalle/-/blogs/indo-pacifico-el-nuevo-orden-sin-china-en-el-centro?_33_redirect=%2Fen%2Fweb%2Fglobal-affairs%2Fpublicaciones%2Finformes.(accessed April 2021).

[13] Biden, "Remarks By President Biden On America's Place In The World | The White House...".

https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/02/04/remarks-by-president-biden-on-americas-place-in-the-world/

[14] Ibid.

[15] Derek Grossman, 'Biden's China Reset Is Already On The Ropes'. Nikkei Asia. https://asia.nikkei.com/Opinion/Biden-s-China-reset-is-already-on-the-ropes.(accessed 14 March 2021).

[16] Ramón Barba Castro, 'New tensions in the Asia-Pacific in a scenario of electoral change'. Global Affairs and Strategic Studies. https://www.unav.edu/web/global-affairs/detalle/-/blogs/nuevas-tensiones-en-asia-pacifico-en-un-escenario-de-cambio-electoral-en-eeuu.(accessed, April 2021).

[17] Sankaran Kalyanaraman, "Changing Pattern Of The China-India-US Triangle". Manohar Parrikar Institute For Defence Studies And Analyses. https://www.idsa.in/idsacomments/changing-pattern-china-india-us-triangle-skalyanaram (accessed March 2021).

[18] Pang Zhongying, 'Indo-Pacific Era Needs US-China Cooperation, Not Great Power Conflict'. South China Morning Post. https://www.scmp.com/comment/opinion/article/3125926/indo-pacific-needs-us-china-cooperation-not-conflict-QUAD (accessed 19 March 2021).

[19] Sankaran Kalayanamaran, "Changing Pattern of the China-India-US Triangle".

[20] Chilamkuri Raja Mohan, "Trilateral Perspective".

[21] Joseph R. Biden, "Remarks By President Biden On America's Place In The World

[22]Chilamkuri Raja Mohan, "Trilateral Perspective".

[23] Maria Siow, "India Receives US Defence Secretary With China On Its Mind".

[24]Tanvi Madan, "India and the Biden Administration: Consolidating And Rebalancing Ties".

[25] CEBR (Centre for Economics and Business Research) is an organisation dedicated to the economic analysis and forecasting of companies and organisations. linkhttps://cebr.com/about-cebr/. Every year, this organisation produces an annual report graduate World Economic League Table¸which analyses the position of each country in the world in terms of the state of its Economics. The latest edition(World Economic League Table 2021), published on 26 December 2020, presents a prediction of the state of the world's Economics in 2035, in order to know who will be the world's leading economic powers. (CEBR, "World Economic League Table 2021". Centre for Economics and Business Research (12th edition), https://cebr.com/reports/world-economic-league-table-2021/ (accessed March 2021).

[26] Ibid., 231.

[27] Ibid., 71.

[28] Vijay Gokhale, "China Doesn't Want a New World Order. It Wants This One". The New York Times. https://www.nytimes.com/2020/06/04/opinion/china-america-united-nations.html(accessed April 2021).

[29] Mereyem Hafidi, "Biden renews 'QUAD' alliance despite pressure from Beijing.

[30] Chilamkuri Raja Mohan, "Trilateral Perspective".

[31] Ibid.

[32] Wang Huiyao, "More cooperation, less competition". Chinawatch. Connecting Thinkers. http://www.chinawatch.cn/a/202102/05/WS6034913ba310acc46eb43e28.html(accessed March 2021).

[33] Chilamkuri Raja Mohan, "Trilateral Perspective".

[34] DarshanaBaruah, Frédéric Grére, and Nilanthi Samaranayake, "US-India cooperation on Indo-Pacific Security". Page 5.

[35] Chilamkuri Raja Mohan, "Trilateral Perspective".

[36] Ibid.

[37] DarshanaBaruah, Frédéric Grére, and Nilanthi Samaranayake, "US-India cooperation on Indo-Pacific Security". Page 5.

[38] Tanvi Madan, "India and the Biden Administration: Consolidating And Rebalancing Ties".

[39] Tanvi Madan, "Democracy and the US-India relationship". Brookings. https://www.brookings.edu/articles/democracy-and-the-us-india-relationship/ (accessed March 2021)

[40] Maria Siow, "India Receives US Defence Secretary With China On Its Mind".

[41] Bilal Kuchay, "India, US sign key military deal, symbolizing closer ties". Aljazeera. https://www.aljazeera.com/news/2020/11/2/india-us-military-deal(accessed March 2021)

[42] Wang Huiyao, "More cooperation, less competition".

[43] Alex Lo, "India-the democratic economic giant that disappoints". South China Morning Post. https://www.scmp.com/comment/opinion/article/3126342/india-democratic-economic-giant-disappoints(accessed 21 March 2021).

[44] Simone McCarthy, "QUAD summit: US, India, Australia and Japan counter China's 'vaccine diplomacy' with pledge to distribute a billion doses across Indo-Pacific". South China Morning Post. https://www.scmp.com/news/china/diplomacy/article/3125344/QUAD-summit-us-india-australia-and-japan-counter-chinas.(accessed 13 March 2021).

[45] MereyemHafidi, "Biden renews 'QUAD' alliance despite pressure from Beijing.

[46] Simone McCarthy, "QUAD summit: US, India, Australia and Japan counter China's 'vaccine diplomacy' with pledge to distribute a billion doses across Indo-Pacific".

[47] Aljazeera, "'QUAD' leaders pledge new cooperation on China, COVID-19, climate".

[48]DarshanaBaruah, Frédéric Grére, and Nilanthi Samaranayake, "US-India cooperation on Indo-Pacific Security". Page 2.

[49]Simone McCarthy, "QUAD summit: US, India, Australia and Japan counter China's 'vaccine diplomacy' with pledge to distribute a billion doses across Indo-Pacific".

[50] Maria Siow, "India Receives US Defence Secretary With China On Its Mind".

[51] "US defense secretary Lloyd Austin says US considers India to be a great partner". Hindustan Times. https://www.hindustantimes.com/india-news/us-defense-secretary-lloyd-austin-says-us-considers-india-to-be-a-great-partner-101616317189411.html.(accessed 21 March 2021).

[52] Maria Siow, "India Receives US Defence Secretary With China On Its Mind".

[53] The term PASSEX is an abbreviation of the English military jargon, which stands for Passing Exercise. It consists of taking advantage of the fact that a Marine unit is passing through a given area to deepen military cooperation with the army of the area through which it is passing. An example of this is the news item cited in this article article: "India, US begin two-day naval exercise in eastern Indian Ocean region". The Economic Times. https://economictimes.indiatimes.com/news/defence/india-us-begin-two-day-naval-exercise-in-eastern-indian-ocean-region/articleshow/81735782.cms (accessed 28 March 2021).

[54] Annath Krishnan, Dinakar Peri, Kallol Bhattacherjee; India-U.S. 2+2 dialogue: U.S. to support India's defence of territory. The Hindu. https://www.thehindu.com/news/national/india-us-22-dialogue-rajnath-singh-raises-chinas-action-in-ladakh/article32955117.ece.(accessed, March 2021)

[55] Maria Siow, "India Receives US Defence Secretary With China On Its Mind".

[56] Ibid.

[57] Tanvi Madan, "Democracy and the US-India relationship".

[58] Hindustan Times, "US defense secretary Lloyd Austin says US considers India to be a great partner".

[59] "Committed to achieving goal of $500 bn in bilateral trade with US: Ambassador Sandhu".The Economic Times. https://economictimes.indiatimes.com/news/economy/foreign-trade/committed-to-achieving-goal-of-500-bn-in-bilateral-trade-with-us-ambassador-sandhu/articleshow/80878316.cms.(accessed March 2021).

[60] Joe C. Mathew, "India-US mini trade deal: Low duty on medical devices; pact in final stages". Business Today. https://www.businesstoday.in/current/economy-politics/india-us-mini-trade-deal-low-duty-on-medical-devices-pact-in-final-stages/story/413669.html.(Accessed March 2021).

[61] Economic Times, "Commited to achieving goal of $500 bn in bilateral trade with US: Ambassador Sandhu".

[62] Joe C. Mathew, "India-US mini trade deal: Low duty on medical devices; pact in final stages".

[63] Economic Times, "Commited to achieving goal of $500 bn in bilateral trade with US: Ambassador Sandhu".

[64] Darshana Baruah, Frédéric Grére, and Nilanthi Samaranayake, "US-India cooperation on Indo-Pacific Security". Page 2.

[65] "Hindustan Times "US defense secretary Lloyd Austin says US considers India to be a great partner".

[66] Tanvi Madan, "Democracy and the US-India relationship".

[67] Ibid.

[68] Tanvi Madan, "India and the Biden Administration: Consolidating and Rebalancing Ties".

[69] Economic Times, "Commited to achieving goal of $500 bn in bilateral trade with US: Ambassador Sandhu".

[70] Tanvi Madan, "Democracy and the US-India relationship".

[71] Darshana Baruah, Frédéric Grére, and Nilanthi Samaranayake, "US-India cooperation on Indo-Pacific Security". Page3.

[72] IBIDEM p.3

[73] IBIDEM. Page 6

[74] IBIDEM. Page 7

[75] Seeram Chaulia, "France and sailing toward the 'QUAD-plus'". The New Indian Express

[76] Elisabeth Mearns, Gary Parkinson; "With a pandemic, populism and protectionism, have we passed peak globalization?". China Global Television Network. https://newseu.cgtn.com/news/2020-05-28/With-a-pandemic-populism-and-protectionism-has-globalization-peaked--QOQMPg3ABO/index.html.(accessed April 2021).

[77] Abraham Newman, Henry Farrel; "The New Age of Protectionism". Foreign Affairs. https://www.foreignaffairs.com/articles/europe/2021-04-05/new-age-protectionism.(accessed 5 April 2021).

[78] Economic Times, "Commited to achieving goal of $500 bn in bilateral trade with US: Ambassador Sandhu".

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