The Basis of the Proposed International Intervention in South Sudan Posted:
July 15, 2016 by *PaanLuel Wël* in Columnists
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*By David Mayen Ayarbior, Juba, South Sudan*
[image: fighting in juba]

Fighting in Juba, 2013, 2016

*July 15, 2016 (SSB) —* The current security developments in Juba have
created new dynamics which may infringe on the country’s sovereignty and
territorial integrity. To so many neutrals a discussion on whether that
infringement is positive or negative is immaterial since it is widely
believed that it will lead to some sense of stabilization of the security
situation. That may or may not be true, yet a deeper understanding of the
security concepts involved is warranted as the government, analysts and
citizens talk about what is ahead.

New security terminologies have appeared on the scene with embedded
prospects for renegotiating (or merely signing) new annexes to the current
IGAD mediated Security Arrangements. Moreover, these new security dynamics
are also IGAD-led as they were part of a resolution of the regional block’s
Foreign Ministers in Nairobi combined with those from AU Heads of State
Summit in Kigali in the same week.

The new security terminologies are “intervention force” and “buffer zone.”
The former has been proposed by IGAD and UN Security Council, while the
latter is found in Dr. Riek’s conditions for coming back to Juba after what
happened.  Dr. Riek’s argument is that another fight might occur in Juba
without a ‘buffer zone’ to separate the two belligerent forces.

With regard to that (buffer zone), it could be new in the sense that the
IGAD-brokered agreement talked only of ‘cantonment’ of IO forces, believing
that it would be sufficient. However, the recent fighting in Juba which
included all kinds of weapons of modern warfare, including attack
helicopters and heavy artillery, might prompt IGAD to at least consider Dr.
Riek’s argument for a buffer zone.

But the question here is whether that ‘zone’ or  ‘zones’ will be also in
Juba too, not only in Upper Nile where IO forces actually control
territory. Again, if Dr. Riek’s intention for having a force in Juba was to
protect him and his Ministers, what is the logic behind having a third IGAD
force to practically protect his ‘few’ forces? Will it be a force that will
protect a protecting force?

Would it not be sufficient for IO Ministers to be personally protected by
UNMISS in lieu of SPLA-IO troops in Juba? Again, if the purpose of
protection of Minsters in Juba could be effective undertaken by a neutral
force, then there would be no need for a force whose presence creates
security tension in the capital city.

Not to be misunderstood, I strongly believe that like most leaders  in the
three SPLM factions Dr. Riek is a tested patriot who has an enormous
intellectual capacity to help South Sudan transition into a prosperous
country. I have no doubts – in fact I am not qualified and have no right to
doubt his patriotism and intentions for his own country. To me, the major
problem pulling our country down is structural rather than personal.

Having over 250,000 active service soldiers in a country of only 10 million
is just a recipe for failure. A NATIONAL army made up of 45,000 – fifteen
thousand (15,000) from each of the three greater regions is more than
enough for South Sudan. Our security advisors and practitioners must know
that military strength is no longer about numbers. Let these young men go
to farming rather than fighting.

But that is beside the point. My concern on the issue of buffer zone is
whether it would be structurally helpful to have numerous troops in Juba,
knowing that such zones have often created worse security conditions than
what is intended of them. A zone would entail partitioning the city, no
matter how small a piece IO forces would want to have. It happened in Iraq
and now the country is at risk of being divided into three countries to be
carved out from Kurdish, Shiite and Sunni enclaves. In fact, Iraqi
Kurdistan which enjoyed a ground and air buffer zone is now a virtual
state, with an army and right to enter into international agreements.

Dr. Riek may say that it is not his intention to carve out a piece of Juba
for his troops. Well, there is no other way to go around it. The issue is
not about intentions; it is purely structural, as I still insist. His
intentions aside, the fact that the concept of ‘buffer zones’ gets
introduced into the already fragile security conundrum facing our
beleaguered country is in itself a problem. History teaches us that once UN
blue helmets are given a mandate to create buffer zones in a country, they
will always create a situation on the ground to perpetuate risk perception
in that country.

No organization would want create a peaceful situation to forfeit a budget
of billions of dollars. Insecurity itself has become a trade to the UN and
our country is potentially a new fertile ground for that trade to thrive.
To the UN, one buffer zone will be followed by another and another, up to
regional buffer zones “as the situation requires”.

Introduce new security concepts into the IGAD-plus security arrangements
and lose control of the state, period! Even those IOs, FDs, DCs or IGs who
have genuine ambitions to rule the country will have such aspirations
frustrated. International arrest warrants and ‘local’ resistance will
follow – and the real dog fight on the streets of our cities and guerrilla
war we all hope to avoid shall be the new order (disorder, rather). UN
intervention is like a one way traffic, no reverse.

With regard to the suggested international intervention force(s), there are
generally two types of military intervention. One type is a force
sanctioned by the UN Security Council (UNSC) under a Chapter Seven mandate,
which has always been difficult to approve because of the veto power
enjoyed by the five permanent member states – who seem to enjoy disagreeing
for the sake disagreeing. Because of the difficulty with getting UNSC
authorization, strong countries like the United States have created a short
cut through introducing the concept of “humanitarian intervention,” which
has done away with the need for UNSC authorization.

The difficulty with the two types of international military intervention is
that both are recognized by international law. The first intervention (UNSC
sanctioned) is sourced in international treaties and the second
(humanitarian intervention) has founded its strong pillars in “customary
international law.” The two sources (treaty and custom) are now being
prepared to justify intervention in South Sudan after the recent
unfortunate developments in Juba.

Furthermore, humanitarian intervention could also be exercised by different
countries. For example, customary international law permits a neighboring
country to have the right to ignore the concept of territorial integrity
and intervene militarily to rescue its citizens who are being trapped in
another country. We can see this at play as the U.S. has already sent 47
troops from its AFCOM base in Djibouti to protect its Juba Embassy, and
Uganda’s big force which is currently securing the evacuation of Ugandan
nationals.

In fact, intervention based on customary international law could even be
motivated by a resolve to protect nationals of other countries or
beleaguered citizens of the receiving country itself. For instance, in 1978
Vietnam invaded Cambodia to prevent the Cambodian government from murdering
its own citizens. Let’s not even go far, in 1979 Julius Nyerere sent
Tanzanian forces to Uganda where they ousted Idi Amin who was accused of
heinous atrocities against Ugandan citizens.

Further afield, the U.S. has been in the habit of using “humanitarian
intervention” to justify its regime change agenda’s worldwide. When they
faced obstacles (unwillingness to cooperate) in securing a UNSC
authorization, America has gone for what it termed as “coalitions of the
willing,” where it ‘ganged up’ with its traditional European (NATO) allies
against countries like Yugoslavia, Iraq, Libya, etc.

In Iraq (1991) the justification, inert alia, was to protect Turkish
minorities from being massacred by Saddam and in Libya they said that
Gadhafi (a dictator no doubt) – who had created one of the best functioning
welfare states in the world- “was going” to massacre civilians in Benghazi.
A buffer zone would have worked in that case, but they opted for
humanitarian intervention instead. Like Iraq, Libya is now a collapsed
state with no functioning central government as it has been partitioned by
brigades.

The difficulty with humanitarian intervention is that it offsets and
attenuates the concept of sovereignty in international security relations.
And since sovereignty and territorial integrity are the most obvious
pillars of international relations, humanitarian interventions have been
strongly condemn by receiving countries and their allies as violations of
international law. Moreover, since it depends on the military capacity of
intervening countries or their ability to forge ‘coalitions of the
willing,’ intervention is regarded by third world countries as an unlawful
tool of western imperialism.

Because of talk about imperialism, African Union regional intervention
forces have become more involved in stabilizing African states. ECOMOG in
West Africa succeeded in pacifying Sierra Leon while East African forces
have also done greatly in Somalia. Both regional intervention forces have
received UNSC mandates and logistics. And with the current move by IGAD and
AU, it would not be impossible for the region to present our case for the
next intervention, even though such proposal was recently tabled against
Burundi but failed.

All in all, it would seem that the more we fight against ourselves- no
matter the justifications- the more we give the international community
reasons (or pretexts) to use customary international law for justifying
humanitarian intervention.  A strong case for that is already being laid
out in terms of a claim that UNMISS has prevented genocide through its PoC
sites. They still contend that the lives of hundreds of thousands of South
Sudanese continue to be at risk. Last year, a UNSC team has said to have
documented cases of widespread war crimes and crimes against humanity
committed by both forces in the civil war.

The President has made it clear that the twelve thousand UNMISS forces are
enough. Indeed they are more than enough, considering our population size
and their annual budget of $1 billion (with a B). But how do we convince
the world and our region that they are enough? What should we do as South
Sudanese to prevent imperial forces and companies take control of our
resources? One answer is that we must urgently come together to set our
house – not because of fear of  foreign military intervention but for the
sake of thousands of our children who are now orphaned and trapped in IDP
and refugee camps.

*Mayen Ayarbior has a Bachelor Degree in Economics and Political Science
from Kampala International University (Uganda), Masters in International
Security from JKSIS-University of Denver (USA), and Bachelor of Laws (LLB)
from the University of London. He is the author of “House of War (Civil War
and State Failure in Africa) 2013” and currently the Press Secretary/
Spokesperson in the Office of South Sudan’s Vice President, H.E. James Wani
Igga. You can reach him via his email address: [email protected]
<http://gmail.com>.*

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