Alex de Waal

‘Uhuru has a new name’, an advertising billboard for mobile phones announces in Dar es Salaam. ‘Uhuru’ – Swahili for ‘freedom’ or ‘liberation’ – is a sacred word throughout most of sub-Saharan Africa. It is an ideal for which Africans sacrificed much in their collective struggle against colonialism and racism. But almost two years...

Ineptitude and confounded expectations lie at the heart of military affairs. Probably not one war in a hundred has conformed to the course plotted for it by those who launched it. Journalists have catalogued many of the errors and stupidities of recent wars, and there have been some scholarly assaults on the territory, most of which are concerned with the British Army in its Imperial heydey and aftermath. Perhaps when US power has waned somewhat, we may see Americans becoming comfortable with the subject too, and attempting academic analyses of some of the more remarkable feats of precision air attack, such as the strike on the al shiffa pharmaceutical factory in Khartoum or the neat destruction of the house next door to General Aidid’s headquarters in Mogadishu. Meanwhile, the nature of incompetence is changing. As generals come under closer political control and elected leaders are able to monitor and direct the conduct of wars on an hour-by-hour basis, civilian politicians are committing an ever-bigger share of blunders. In an extended hierarchical command system, the opportunities for mistakes proliferate. A competent frontline commander’s chance of failure is proportional to the amount of time he must spend fighting his own bureaucracy.

Over a century ago, Gustave Moynier, a stocky middle-aged Genevan lawyer, author and philanthropist, proposed an international court to enforce respect for the Geneva Convention. Moynier was the second president of the Red Cross, a man whose dedication turned the flamboyant Henri Dunant’s vision into an institutional reality. Dunant, a journalist and entrepreneur, documented the agonies of the wounded soldiers left to die in the fields and vineyards of Solferino after the battle of 24 June 1859, and went on to propose both a corps of volunteers to treat the casualties and a set of ‘international principles, conventional and sacred’, to enjoin armies to respect these volunteers. The ambitions of the two men were too large to fit within the confines of a single institution. Disgraced by bankruptcy, Dunant resigned from the Red Cross to live in seclusion, until he was awarded the first Nobel Peace Prize in 1901. This infuriated the self-righteous Moynier, who in the latter part of his 46-year stint as president, tried hard to expunge any mention of Dunant from the organisation’s records. Such contradictions are the stuff of the Red Cross, whose ‘International Committee’ was, until recently, drawn from a very small circle within the Protestant haute bourgeoisie of Geneva. Much of Caroline Moorehead’s immense chronicle is about the individuals – some extraordinarily courageous and eccentric, a few disastrously timid – who established ‘a movement which has no equal in size or commitment outside of organised religion’.’‘

The ‘law of war’ is a paradox, an exercise by turns noble and futile. ‘A remedy must be found,’ Grotius wrote, ‘for those who believe that in war nothing is lawful, and for those for whom all things in war are lawful.’ Geoffrey Best, in his magnificent exposition of the modern pursuit of legal restraint on warfare, opens with another aphorism, from Hersch Lauterpacht: ‘If international law is, in some ways’ at the vanishing-point of law, the law of war is, perhaps even more conspicuously, at the vanishing-point of international law.’