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Noncombatant Immunity in the early 21st Century

International Conference by the Institute for Theology and Peace in Washington, 23-25 June 2010

	In collaboration with the Kroc-Institute for International Peace Studies at the University of Notre Dame and the Institute for National Security Ethics and Leadership (INSEL) at the National Defence University, the Institute for Theology and Peace conducted a 3-day conference dedicated to the ‘Protection of Civilians in the Wars of the 21st century’. Due to its interdisciplinary approach and the unrivalled mixture of theory and practical
implications, the conference distinguished itself from others dedicated to the same subject matter. Lawyers, philosophical theologians, political and social scientists, as well as ministry representatives and military personal got together to discuss topics, such as strategic bombardments, terrorism, counter-terrorism, counter-insurgency as well as abidance by and implementation of the law. The highly insightful introductory speech by General (ret) Richard B. Myers (US-Air Force), the former Chairman Joint Chief of Staff, was followed by an overview of the history of the principle regarding the protection of non-combatants. Gerhard Beestermöller, who elaborated on the theological dimension in the works of Thomas Aquinas, Peter Oeter, who analysed the principle in the context of international humanitarian law, and Sohail Hashimi, who incorporated an Islamic perspective into the discussion, participated in the first panel.
Lt. Col. Matthew C. Johnson from the Pentagon added a practical dimension to the discussion by elaborating on the chain of events that leads to military ‘targeting’ within the US Air Force.

The participants of the panel on counter-terrorism illuminated the relevant aspects of international humanitarian law. Mary Ellen O’Connell from the University of Notre Dame and Catherine Lotrionte from the University analysed the so-called ‘targeted killing’ from vastly different points-of-view. Nils Melzer from the International Committee of the Red Cross in Geneva, who has been published in a major monograph, took a somewhat less extreme stand.
Paul Huth from the University of Maryland and Victoria Hold from the US State Department took part in the panel ‘Wars against Peoples’. Wolfgang Wolbert, moral theologian from the University of Salzburg, stood them answer.
Lt. Col. Chris Jenks from the Army JAG Corps, who discussed the mechanisms of the implementation of the law within the US military, George Lopez from the University, who elaborated on the pros and cons of economic sanctions, and Claus Kress, international lawyer at the University of Cologne, gave talks on the final day of the conference. Mr. Kress’s talk was of a somewhat delicate nature, since the attitude of the US military towards the International Criminal Court is probably the main reason why the United States have neither ratified nor signed the Rome Statute. Nonetheless, the following discussion was characterised by the panellists’ mutual respect, even though many opinions and attitudes could not be reconciled.   The participation of the Institute for Theology and Peace in this conference was kindly sponsored by the Pax-Bank-Foundation, Cologne, Germany

Ways to end the impasse? - Criteria for the realignment of statebuilding in Afghanistan

The participants of a conference by the Institute for Theology and Peace investigated the military and political challenges of state building in Afghanistan.

From the 3rd to the 4th of June 2010, politicians, members of the armed forces and theologians discussed present problems and future perspectives related to the international engagement in Afghanistan at the St. Ansgar House in Hamburg. Under the title ‘Ways to end the impasse? Criteria for the realignment of statebuilding in Afghanistan’, the Institute for Theology and Peace invited about twenty experts to the conference. Representatives of the Federal Ministry for Defence and the Ministry for Foreign Affairs got together

with political scientists and moral theologians. Thus, practical and theoretical, political and ethical aspects could be discussed.

Heinz-Gerhard Justenhoven, director of the Institute for Theology and Peace, provided the following questions: Where lie our responsibilities as a country whose troops are deployed in Afghanistan? Where lie the responsibilities of the international community? The initial analysis of the present situation turned out to be a major task at the beginning of the conference. Talks given by Jochen Hippler from the Institute for Development and Peace in Duisburg, Daniele Riggio from NATO-Headquarters in Brussels and Mohammad

Hashimi from the Afghanistan Independent Human Rights Commission (AIHRC) offered insights into the multifaceted and complex challenges the international community is confronted with in Afghanistan. (Afghanistan Independent Human Rights Commission, AIHRC).

Mark Sedra from the Center for International Governance Innovation in Ontario/Canada and Udo Steinbach from the University of Marburg offered a more optimistic outlook. While Sedra argued for a stronger incorporation of regional and traditional institutions into the state structure of Afghanistan, Steinbach discussed the role of Iran. According to him, cooperation among Iran and NATO-memberstates could be based on mutual security interests and achieved through trust-enhancing measures.

Steinbach argued for an analysis of the Afghanistan conflict that incorporated an investigation of both Iran’s nuclear programme and the US military engagement in Iraq, for Afghanistan and the problems it faces could neither be regarded nor solved in isolation.

Recent publication from the series Theology and Peace

Heinz-Günther Stobbe, Religion, Violence and War: An introduction. Stuttgart 2010. 342 pages. (Series Theology and Peace, Volume 40) EUR 39,90 ISBN 978-3170213722

Religious convictions have a major influence on both the escalation and de-escalation of conflict. Effective conflict management must thus be entrenched by an acute awareness of those religious convictions and motivations which potentially trigger, intensify and transform conflicts, but are not always visible at first sight.

The author investigates religious ideologies and the sources of the three major monotheistic religions. He includes an illustration of the early myths of mankind and moves on to an analysis of the ideology of violence endemic to the interpretation of the Koran by Islamic fundamentalists. He thus offers insight into the precarious relationship between religion, violence and war – as a process of inner-religious contemplation as well as a practice that shapes society and the world.

Recent publication from the series Theology and Peace

Sebastian Friese, Politics of social reconciliation: A theological and ethical investigation of the Gacaca Courts in Rwanda. Stuttgart 2010, 238 pages (Series Theology and Peace, Volume 39) EUR 29,80 ISBN 978-3170213159

The Gacaca Courts in Rwanda had initially been designed as bodies of customary law to resolve conflicts on the local level. In the wake of the genocide they were reglemented by state law and endowed with the task to aufarbeiten the majority of crimes committed in 1994. They are thus meant to contribute to the process of social reconciliation in Rwanda.

The author tries to answer the question whether the Gacaca Courts actually do contribute to reconciliation. He illustrates the theological and ethical criteria for a theory of social reconciliation. Central aspects are jurisdiction, the exploration of the truth, a general willingness to take on responsibility for what happened, and a culture of remembrance, which must be systematically developed and incorporated in a holistic concept. Friese ultimately shows that the Gacaca courts are only partly able to live up to expectations.

Catholic Peace Foundation

The Catholic Peace Foundation is currently being established in order to secure further support for the work of the Institute of Theology and Peace. Its goal is to provide the Institute with the means necessary to conduct its research on the ethics of peace.

Recent publication from the series Theology and Peace

Stephanie van de Loo, Reconciliation work: criteria - theological framework - practical aspects . Stuttgart 2009. 418 pages. (Series: Theology and Peace, Volume 28) EUR 39,00 ISBN 978-3-17-020717-2

Reconciliation processes involving the victim and the offender can be influenced by the reconciliation work of a third party, both from the point of view of the course that such processes take and the level of success achieved. The author describes basic approaches to the reconciliation work of third parties, but also highlights their limitations. The criteria for and the elements necessary in reconciliation work are developed on the basis of interdisciplinary dialogue. Mediation as a specific method of dealing with conflict is a central aspect of her role as a partner in inter-personal dialogue. The author draws on reconciliation initiatives implemented in Bosnia-Herzegovina to illustrate the workings of the process on a social level. Van de Loo deals consistently throughout with the issue as to what the conceivable implications are, from the point of view of defining the essence of the term and identifying its association with non-religiously motivated reconciliation work, of embedding the perception of reconciliation – itself usable only in a purely secular context – in a conceptual environment that is, by its very nature, rigidly Christian-based.

Recent publication from the series Political Philosophy and Legal Theory