1st Edition

Mozambique's Cabo Delgado Conflict International Humanitarian Law and Regional Security

Edited By Marko Svicevic, Martha M. Bradley Copyright 2024

    This book uses a multidisciplinary approach to examine the ongoing conflict in Mozambique’s Cabo Delgado province, which has killed thousands and displaced a million people since 2017.

    The book investigates how the conflict developed, the regional and international responses and its wider implications. From a broad range of African perspectives, the book addresses issues related to the conflict including international humanitarian law, regional security and terrorism. Part I assesses the regional security concerns of the conflict, the success of cross-border counter-terrorism operations and their implications for the southern African region. Part II focuses on the conflict in relation to international humanitarian law. It discusses the Islamic State's presence in the region, the trajectory and issues pertaining to sexual and gender-based violence and the relationship between the conflict and the environment. Finally, Part III examines regional and continental responses to the conflict, from the military intervention by the Southern African Development Community and Rwanda, to the perceived inaction of the African Union.

    The first comprehensive analysis of the conflict in Cabo Delgado, this book will be of interest to scholars and practitioners of international humanitarian law, security, African politics, war and conflict studies, terrorism and human rights.

    Chapter 1: Introduction: The Evolving Conflict in Northern Mozambique and the Rise of Ansar al-Sunna

    Egna Sidumo, Marko Svicevic and Martha M Bradley

     

     

    Part I: Regional Security Dimensions 

     

    Chapter 2: Tanzania and Mozambique: Cooperation to Counteract a Cross-Border Islamist Insurgency

    Erick Kabendera

     

    Chapter 3: South Africa’s Security Concerns in Mozambique and the Growing Threat of Domestic Terrorism

    André Smit

     

    Chapter 4: Armed Conflict, Climate Change and the Preparedness of International Law Through the Lens of Mozambique

    Jessie Phyffer

     

    Chapter 5: The Relationship Between Ansar al-Sunna and the Islamic State: A Transactional Alliance?

    Aniel de Beer

     

     

    Part II: International Humanitarian Law Perspectives

     

    Chapter 6: The Law of Armed Conflict and the Classification of the Situation in Cabo Delgado as a Non-International Armed Conflict

    Najimdeen Bakarae and Ayodele Odjedokun

     

    Chapter 7: Ansar al-Sunna (IS-affiliates) Engaging in a Mosaic of Violence in Mozambique: Terrorist, Rebels, or Both – Legal Implications and Challenges

    Gus Waschefort, Jessie Phyffer and Martha M. Bradley

     

    Chapter 8: Sexual and Gender-Based Violence in Cabo Delgado: Implications for International Humanitarian Law and International Criminal Law

    Emma Charlene Lubaale and Brenda Akia

     

    Chapter 9: Towards the Protection of the Environment in Cabo-Delgado: Looking Beyond the Existing Legal Framework and Engaging Ansar al-Sunna

    Quillene M Vertue

     

    Chapter 10: The Conflict in Cabo Delgado and the Relationship Between International Disaster Response Law and International Humanitarian Law Treaties

    Jeanique Serradhinho

     

    Chapter 11: Covid-19 and its Implications for the Law of Non-International Armed Conflict: The Case of Mozambique

    Annelize McKay, Chazanne Grobler and Martha M Bradley

     

     

    Part III: Regional and Continental Responses to the Conflict

     

    Chapter 12: The Potential for Rights-Based Third-Generation Disarmament, Demobilisation, and Reintegration Programmes in Cabo Delgado

    Josephat M Kilonzo

     

    Chapter 13: The Use of Private Military Companies to Counter the Insurgency in Northern Mozambique

    Hennie Strydom

     

    Chapter 14: The SADC Mission in Mozambique: Contextualising the Historical Role of SADC Military Operations under International Law

    Marko Svicevic

     

    Chapter 15: The Military Intervention Against Ansar al-Sunna in Cabo Delgado: A Primer on the Law on the Prohibition on the Use of Force and Applicable Exceptions

    Dire Tladi

     

    Chapter 16: Revisiting the African Union’s Right to Intervene (Militarily) 20 Years on and the Conflict in Mozambique: A Missed Opportunity?

    Ntombizozuko Dyani-Mhango

    Biography

    Marko Svicevic is Lecturer and Researcher at the Centre for International Humanitarian and Operational Law at Palacký University in Olomouc, Czech Republic, and Post-doctoral Research Fellow with the South African Research Chair in International Law at the University of Johannesburg, South Africa.

    Martha M. Bradley is Associate Professor in the Department of Public Law at the University of Johannesburg, South Africa, and External Expert at the Centre for International Humanitarian and Operational Law at Palacký University in Olomouc, Czech Republic.