Book Feature: Mozambique's Cabo Delgado Conflict: International Humanitarian Law and Regional Security (Marko Svičevič and Martha M. Bradley eds.)

This book feature highlights a recent publication that examines one of today's most overlooked conflicts. Through a multidisciplinary lens, the book explores the conflict in Mozambique's Cabo Delgado province, which has claimed thousands of lives and displaced a million people since 2017. It examines the conflict's origins, the responses from regional and international actors, and its broader implications. The ALM team interviewed editors, Marko Svičevič and Martha M. Bradley to provide an overview of the book.

1.     Could you share some background on how this project came about and what motivated your multidisciplinary approach?

The conflict in Cabo Delgado initially started in 2017. By 2020, the situation had deteriorated significantly. During the course of ongoing events, we began following developments. A few issues in particular stood out for us from an international law point of view. The first of these included the involvement of private military contractors – South Africa’s Dyck Advisory Group and Russia’s Wagner Group. The Mozambican government had onboarded these contractors to assist with the fight against the insurgency in the north. Another issue was the allegiance which the insurgency had proclaimed to ISIS.

Then, in 2021, when South African and SADC began to take notice of the insurgency, the insurgency issued a threat against regional intervention and against South Africa. A turning point was when SADC eventually deployed troops to Mozambique (which followed on from a Rwandan deployment to the province).

Despite the situation on the ground the government of Mozambique refrained from classifying the situation as a non-international armed conflict and used terminology such as ‘terrorism’ or insurrection. Simply put, conflict classification is important as it determines whether international humanitarian law applies to a violent situation and determines the legal framework under which the SADC and the Mozambican Armed Forces should operate. It also offers protection to civilians in the context of conflict. These issues raised many questions, including questions concerning Mozambique’s hesitancy towards the intervention. At the same time, the conflict resulted in thousands of deaths and almost a million internally displaced persons.

An analysis of the conflict under international law at the time was almost non-existent and so we decided to delve into it. We were fortunate to onboard excellent authors to consider, among others, the nature of the conflict, applicable international humanitarian law, conflict classification, human rights abuses, and broader regional security issues. It was clear from the start that a multi-perspective approach was required to consider all these pressing issues.

2.     The first part of the book discusses the regional security concerns arising from the conflict. Could you elaborate on the main security threats identified?

The assessment conducted by several authors suggests a number of regional security threats. First, the transborder character of the insurgency suggests it operates beyond Mozambique, receiving funding and support beyond even the region.

Second, an insurgency such as Ansar al-Sunna poses the potential to attract foreign fighters from elsewhere, which could exacerbate the existing conflict. There have been reports of, for example, South Africans going to Cabo Delgado to fight for the insurgency.

Thirdly, the insurgency’s threat not only to Mozambique but also its northern neighbour Tanzania remains concerning. While the two States have had some cooperation to counter the insurgency, it remains clear that more needs to be done to target cross-border cooperation.

Another aspect the book considers is the threat posed to South Africa, the long-time perceived regional powerhouse. That terrorism has a foothold in the country is nothing new, but it serves to show that South Africa needs to be vigilant. The withdrawal of the SADC Mission in Mozambique (SAMIM) from Cabo Delgado and increased activity of Ansar al-Sunna suggests the current approach to the conflict will not bring about permanent peace. The region needs to take note of this now, before it faces further threats from terrorism in the future.

3.     How successful have cross-border counter-terrorism operations been in mitigating the conflict and what lessons can be learned from their implementation?

At present, it would seem that cross-border counter terrorism has had limited effect. This particularly concerns cross-border cooperation between Mozambique and Tanzania. As the assessment has shown, cross-border counter-terrorism alone remains insufficient to address the problems experienced by the region. Other factors, including cross-border trade, economic upliftment, and addressing root causes of the insurgency remain important.

4.     International humanitarian law is a significant focus of Part II.  Are there any notable violations or instances where international humanitarian law has been upheld?

The nature of armed conflict almost always suggests there are some violations of international humanitarian law. In the Cabo Delgado context, there are numerous allegations of IHL violations including human rights violations. What is worth noting is that these allegations are made against a number of different parties, including insurgent forces, government forces, and even private contractors who had operations in the province.

It is difficult to assess if these allegations are true as the authors do not have access to classified information and rely solely on publicly available information. It is however worth noting that under IHL, all parties to the conflict, including Ansar al-Sunnah are bound by the rules. In Cabo Delgado, IHL plays a significant role, and the conflict has exposed various underlying issues relating to the protection of civilians and internally displaced persons. One example of a violation of IHL was the (mis)treatment of the dead by SADC soldiers (of which an investigation is currently ongoing following a widely circulated video of soldiers burning bodies of alleged insurgency members).

5.     Sexual and gender-based violence has been highlighted in the book. What specific challenges does this issue present in the context of the conflict, and what measures, if any, are being taken to address it?

Sexual and gender-based violence are unfortunately not unique to the conflict in Mozambique. Women and girls are particularly vulnerable in conflict settings. However often boys and men are also subjected to SGBV. International humanitarian law prohibits rape and other SGBV acts against civilians and those who are hors de combat (combatants who are ‘out of action’).

This means that all parties to the conflict are prohibited from committing acts of SGBV. Various countries have offered training in Mozambique (for example the UK) and part of training includes IHL. The ICRC is also very active in Mozambique and promotes knowledge of and compliance with IHL.

One way in which the ICRC is disseminating IHL in Mozambique is through its “Tool on African Traditions and the Preservation of Humanity during War” which serves the purpose of illustrating how traditional customs among different ethnic groups correspond to the principles of IHL.  In order to establish a sense of ownership of IHL principles in the context of conflict in Africa, the ICRC designed eleven (11) indicators that illustrate how traditional African norms command restraint during armed conflict through traditional and core rules of IHL.  These indicators, which are now printed in various mediums including playing cards for military actors and posters for university teaching, underline the similarity between African values and IHL. 

6.     Part III examines the responses of various regional and continental bodies. How effective has the Southern African Development Community’s military intervention been in addressing the conflict?

It should be recalled that Mozambique initially opted to tackle the insurgency alone, thereafter, seeking assistance from private contractors. Reports suggest that Mozambique was somewhat reluctant to accept SADC troops. This undoubtedly contributed to the perceived delayed regional response. The SADC deployment was only authorised in July 2021.

As to whether SADC’s response has been effective, this remains a topic of debate. Initially, SADC forces were able to push back the insurgency and reclaim territory the insurgency had held. A number of operations directly targeted the insurgency and its bases. Thousands of internally displaced persons were able to return to their homes and SADC forces were to great extent able to institute order in the region. No doubt this result was also achieved because of Rwandan troops operating in the region.

Now that SADC is withdrawing, the situation remains uneasy. In 2024 alone, the insurgency has become far more active than it was in recent months. Despite an increase in Rwandan troops, there are serious questions as to whether the insurgency will rebound. SADC’s concurrent troop deployment to the DRC has complicated the situation and it is likely to have done so at the expense of its contributions in Mozambique.

7.     What are the key recommendations for policymakers dealing with this conflict?

The assessment and key outcomes in the primarily concern regional and international legal aspects. However, given the multi-perspective approach, a few additional aspects should be noted. First, the conflict in Cabo Delgado does not exist in a vacuum. Instead, Ansar al-Sunna seems to be exploiting existing local grievances. This should be a lesson to governments in the region. The growing threat of radicalism, violent extremism and terrorism needs to be met with increased vigilance and policies to counteract it.

Second, it has been well noted that a purely military response will not resolve the conflict. Increasing living standards, addressing local concerns, and complimentarily targeting existing violence needs to be undertaken with due regard to the root causes of existing issues faced in the region.

Third, international law generally, and international humanitarian law more specifically, need to be taken more seriously. States have several legal obligations to protect their populations and uphold certain standards. These standards become ever more pressing when armed conflict arises. All states are bound by the Geneva Conventions and consequently Common Article 1 places the duty on states to enforce IHL and to ensure compliance with IHL.

This is an external duty, meaning that not only Mozambique but all states have an obligation to ensure that IHL is disseminated—for example, through the training of soldiers and fighters within their territory—and to respond to non-compliance. This is the primary duty of states. International law should guide states’ responses, and where it is insufficient, it should be developed by SADC States as necessary.

8.     What do you hope readers take away from this book, particularly those who might be unfamiliar with the situation in Cabo Delgado?

First and foremost, we hope that the book raises awareness of this overlooked conflict. Far too often, more prominent conflicts dominate the spotlight, causing smaller, less-known ones to receive minimal attention. This in no way diminishes the harsh realities on the ground. Those affected by any conflict face unspeakable suffering. Increased awareness of these types of conflicts is essential for informing policymakers, scholars, and governments about potential actions to minimise their impact and ultimately resolve them entirely. This book aims to not only raise awareness but also to demonstrate how international law can address the conflict, and where it falls short, how it should be developed to do so.

From an academic perspective, the book explores themes that have received scant attention in general and more specifically in relation to this conflict. This includes examining the relationship between Disaster Law and International Humanitarian Law (IHL), as well as climate change preparedness in conflict settings. The book contributes to scholarship by tackling these underexplored themes, always with a focus on benefiting the most vulnerable victims of armed conflict and civilians residing in Cabo Delgado.

Marko Svičevič and Martha M Bradley

Dr Marko Svičevič is a lecturer and researcher at the Centre for International Humanitarian and Operational Law (CIHOL), Faculty of Law, Palacký University in Olomouc, the Czech Republic. He is also a senior research associate with the South African Research Chair in International Law at the University of Johannesburg. His research primarily focuses on international law and the use of military force, including UN Security Council authorisation of force, self-defence, and the use of force against non-state actors. His work has been published in inter alia the Journal on the Use of Force and International Law (where he is also a regional coordinator for the digest of State Practice)the Max Planck Yearbook of United Nations Law, and the South African Yearbook of International Law. 

Martha M Bradley is Associate Professor in the Department of Public Law at the University of Johannesburg, South Africa. She serves as an associated researcher to the NRF SARCIL Chair based at UJ. She is further an External Expert at the Centre for International Humanitarian and Operational Law based at Palaćky University, Czech Republic. Martha also serves as a consultant researcher for the The Academy of International Humanitarian Law and Human Rights (Geneva Academy) as of June 2024. As of 1 March 2024 until 27 February 2027 Martha Bradley serves on the National Research Foundation (South Africa) Evaluation and Rating Specialist Committee for law.

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