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in African Yearbook of International Law Online / Annuaire Africain de droit international Online


1 Hedley Bull, "Introduction," in Hedley Bull, edit., lntervention in World Politics, (Oxford: Clarendon Press, 1984), 1. 2 Karl Kaiser, "The Political Aspects of Intervention in Present Day International Politics," Louis G.M. Jaquet, ed., lntervention in lnternational Politics, (The Hague, Netherlands: Netherlands Institute of International Relations, 1971), 80. 3 Evan Luard, lnternational Society, (New York: New Amsterdam Books, 1990), 142.

4 Kenneth G. Younger, "Intervention: The Historical Development," in Ibid, 12-28. 5 Marc Trachtenberg, "Intervention in Historical Perspective," in Laura Reed and Carl Kaysen, eds., Emerging Norms of Justified Intervention, (Cambridge, Massachusetts: Committee on International Security Studies, American Academy of Arts and Sciences, 1993), 15-36. 6 See, for instance, Walter LaFeber, The American Age, United States Foreign Policy at Home and Abroad Since 1750, (New York: W.W. Norton & Company, 1989) 244-246; 339-341. 7 Reproduced in US Department of State, Treaties and Other International Agreements of the United States of America, /776-1949,Vo1.3 (Multilateral: 1931-1945), (Washington, D.C.: United States Government, 1969), 145-151.

8 G.A. Res 2625 (XXV) (24 October 1970). 9 Bull, "Intervention in the Third World," in Bull, 135-156.

10 Ernest B. Haas, "Beware the Slippery Slope: Notes toward the Definition of Justifiable Intervention," in Reed and Kaysen: 63-87. I * Michael Akehurst, "Humanitarian Intervention," in Bull, 95. 12 Fernando Teson, Humanitarian lntervention, An Inquire lnto Law and Morality, (Dobbs Ferry, New York: Transnational Publishers, Inc., 1988), 5.

13 Michael Reisman, "Humanitarian Intervention to Protect the Ibos," in Richard B. Lillich, ed., Humanitarian Intervention and the United Nations, (Charlottesville, Virginia: University Press of Virginia, 1973), 168. 14 Teson. See also, Raymond Plant, "The Justification for Intervention: Needs before Contexts," in Ian Forbes and Mark Hoffman, eds., Political Theory, International Relations, and the Ethics of Intervention, (New York: St. Martin' s Press, 1993), 104- 112. 15 Stanley Hoffmann, "The Politics and Ethics of Military Intervention," Survival, Vol. 37, No. 4, (Winter 1995-96), 38. 16 Jean J. Kirkpatrick and Allan Gerson, "The Reagan Doctrine, Human Rights, and International Law," in Council on Foreign Relations, Right V. Might, (New York: Council on Foreign Relations, Inc., 1991), 19-36. 17 Akehurst, 95-118.

18 Caroline Thomas, "The Pragmatic Case Against Intervention," in Forbes and Hoffman, 92. 19 Ian Brownlie, "Thoughts on Kind-Hearted Gunmen," in Lillich, 147-148.

20 Hoffmann, 39. 21 It is in this sense that Werner Levi describes ways in which a state can cease to exist: "A state can merge into another, or can be broken up into parts, each of which may be annexed by another state." See, Contemporary International Law, 2nd Edit., (Boulder, Colorado: Westview Press, 1991), I I3-I14.

22 See the excellent study by J. Gus Liebenow, Liberia, the Evolution of Privilege, (Ithaca, New York and London: Cornell University Press, 1969). 23 David Wippman, "Enforcing the Peace: ECOWAS and the Liberian Civil War," in Lori Fisler Damrosch, ed., Enforcing Restraint, (New York: Council on Foreign Relations, 1993), 163.

24 Ibid, 179.

25 For a discussion of France's African policies, see Guy Martin, "Francophone Africa in the Context of Franco-African Relations," in John W. Harbeson and Donald Rothchild, eds., Africa in World Politics, (Boulder, Colorado: Westview Press, 1995), 163-188. 26 See, Ademola Adeleke, "The Politics and Diplomacy of Peacekeeping in West Africa: The Ecowas Operation in Liberia," Journal of Modern African Studies, Vol. 33, No.4 (December 1995).

27 UN Doc. S/RES/788 (1992).

28 UN Doc. S/RES/866 ( 1993). 29 For the details of these efforts at peace-making, see Adeleke, op. cit.

30 For a discussion of the distinctions between these kinds of operations, see John Gerard Ruggie, "Wandering in the Void, " Foreign Affairs, Vol.72 No.5, (Nov./Dec. 1993): 26-31. 31 The fact that the civil strife of the 1990' s has taken the form of clan and subclan loyalties and permutations of loyalties reinforces the belief that in the absence of a pre- colonial or even colonial history of a unified pan-Somali state and limited socio- economic modernization, the Somali people are not a nation but rather a group of people sharing common religious, linguistic and cultural features which distinguish them from their neighbours. On the elusive nature of Somali nationhood, See Ali Jimale Ahmed, The Invention of Somalia, (Lawrenceville, New Jersey: The Red Sea Press, Inc., 1995). Ernest Renan' s definition of the concept of a nation is relevant to this question: "...A nation is a grand solidarity constituted by the sentiment of sacrifices which one has made and those that one is disposed to make again. It supposes a past, it renews itself especially in the present by a tangible deed: the approval, the desire, clearly expressed, to continue the communal life, " Qu' est-ce Qu' une Nation?, trans. Ida Mae Snyder, (Calmann-Levy: Paris, 1882), 29-9, reproduced in John Hutchinson and Anthony D. Smith, eds., Nationalism, (Oxford, England and New York: University Press, 1994), 17.

32 UN Doc. S/RES/733 (1992). 33 UN Doc. S/RES/751 (1992).

34 See, United Nations, UN Chronicle, Vol. 29, No.3, (Sept. 1992); see also this Yearbook, Vol. 2 (1994, pp. 253-283. 35 Refugee Policy Group, Hope Restored? Humanitarian Aid in Somalia, 1990-1994, Report Prepared Under Contract with the Office of U.S. Foreign Disaster Assistance (OFDA), (Washington, D.C.: Center for Policy Analysis and Research on Refugee Issues), 18. 36 See, UN Chronicle, Vol.29, No.4, (December 1992). 37 Jeffrey Clark, "Debacle in Somalia: Failure of the Collective Response," in Damrosch, 212-213.

38 Mohamed Sahnoun, Somalia, the Missed Opportunities, (Washington, D.C.: United States Institute of Peace Press, 1994), 28. 39 Jeffrey Clark, "Debacle in Somalia," Foreign Affairs, Vol.72, No. 1, (1993), 120. 40 UN Doc. S/RES/794 (1992). 41 (�N Chronicle, Vol. 30, Neo. 1, (March 1993): 13.

42 Refugee Policy Group, 34. 43 UN Doc. S/RES/814 (1993). 44 UN Chronicle, Vol.30, No.2, (June 1993): 14-15.

45 S/RES/837 (1993). 46 UN Chronicle, Vol.30, No.3, (September 1993): 5.

47 UN Doc. S/RES/886 (1993). 48 UN Chronicle, Vol.31, No.l, (March 1994):51-54. 49 The Canadian Government eventually carried out investigations into the conduct of military units which had participated in UNOSOM 11. This followed eharges of torture and murder directed against some of them. One of the consequences of these investigations was the disbanding of an elite military unit whose members were found to have been involved in atrocities against some Somalis. 50 Amnesty International, Report 1994: 262-263.

51UN Doc. S/RES/897 (1994). 52 Ibid. 53 UNChronicle, Vo1.31, No.3, (September 1994): 23. 54 UN Doc. S/RES/954 (1994) 55 UNChronicle, Vol. 32, No. 1, (March 1995): 24.

56 Debarati G. Sapir and Hedwig Deconinck, "The Paradox of Humanitarian Assistance and Military Intervention in Somalia," in Thomas G. Weiss, ed., The United Nations and Civil Wars, (Boulder, Colorado: Lynne Rienner Publishers, Inc., 1995), 151-172. 57 Refugee Policy Group, 2. 58 Ken Menkhaus and John Prendergast, "The Stateless State," Africa Report, Vol. 40, No. 3, (May-June 1995): 22-25.

59 James Rupert, "A Slim Chance for Liberia," The Washington Post, January 27, 1997, page A 13.

60 Walter Clarke and Jeffrey Herbst, "Somalia and the Future of Humanitarian Intervention," Foreign Affairs, Vol. 75, No. 2, (March/April 1996), 82. 61 It is significant to note that there was no international humanitarian effort to evacuate the Asians. They had to rely on their own resources to find asylum abroad. It is interesting to speculate whether the international response would have been different if they had been faced with torture and death rather than immediate expulsion and dispossession. 62 Tom Farer, "Humanitarian Intervention: The View from Charlottesville," in Lillich, 153.

63 Michael Maren, "Somalia: Whose Failure?", Current History, Vol.95, No. 601, (May 1996): 203. 64 Ramesh Thakur, "From Peacekeeping to Peace Enforcement: the UN Operation in Somalia," Journal of Modern African Studies, Vol.32, No. 3, (Sept. 1994): 387-410. 65 Hugo Slim and Emma Visman, "Evaluation, Intervention and Retaliation: United Nations Humanitarian Operations in Somalia, 1991-1993," in John Harriss, ed., The Politics of Humanitarian Intervention, (London: Pinter Publishers, 1995), 160-161.

66 Shahin P. Malik and Andrew M. Dorman, "United Nations and Military Intervention: a Study in the Politics of Contradictions," in Andrew M. Dorman and Thomas G. Otte, eds., Military Intervention, (Aldershot, U.K.: Dartmouth Publishing Co., Ltd., 1995), 169-170. 67 William Reno, "The Business of War in Liberia," Current History, Vol. 95, No. 601, (May 1996): 211-215.

68 See Abdulgawi A. Yusuf, "Reflections on the Fragility of State Institutions in Africa", this Yearbook, Vol. 2 (1994), pp.3-8.

69 For a slightly different perspective on this problem, see, Richard K. Betts, "The Delusion of Impartial Intervention," in Council on Foreign Relations, Foreign Affairs,Agenda 1995, (New York: Council on Foreign Relations, Inc., 1995), 20-33. 70 Steven R. Ratner, "The United Nations in Cambodia: A Model for Resolution of Internal Conflicts?," in Domrosch, 263-269. 71 Virginia Gamba, "Justified Intervention? A View from the South," in Reed and Kaysen, 115-125.

72 E.A. Brett, "Neutralizing the Use of Force in Uganda: the Role of the Military in Politics," Journal of Modern African Studies, Vol. 33, No.1 (March 1995): 129-152. 73 Terrence Lyons, "Closing the Transition: the May 1995 Elections in Ethiopia," Journal of Modern African Studies, Vol. 34, No. 1, (March 1996): 121-142. 74 Charles Tilly, European Revolutions, 1492-1992, (Oxford, United Kingdom and Cambridge, Massachusetts: Blackwell Publishers, 1994), 33-34.

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