Engaging with armed groups - Centre for Humanitarian Dialogue

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Mediation Practice SeriesEndnotes1A number of the dilemmas, challenges and risks encountered by mediatorswho seek to engage with armed groups also apply to humanitarian actors andorganisations such as Geneva Call (dedicated to engaging non-state armedgroups towards their compliance with the norms of international humanitarianand human rights law), whose work is not addressed within this publication.2This conclusion emerges strongly from previous publications on this issue,notably Robert Ricigliano (ed.), Choosing to engage : armed groups andpeace processes, Accord 16 (London : Conciliation Resources, 2005)3Interviewed by The Guardian in May 2008, Sir Hugh Orde, then head of thePolice Service in Northern Ireland, commented, “If somebody can show meany terrorism campaign where it has been policed out, I’d be happy to readabout it, because I can’t think of one.” Vikram Dodd, “Time to talk to al-Qaida,senor police chief urges”, The Guardian, 30 May, 20084A little over a fifth of 2009’s armed conflicts saw more than one rebel groupchallenging the government. Lotte Harbom and Peter Wallensteen, “ArmedConflicts, 1946-2009”, Journal of Peace Research, 47/4, (2010)5Véronique Dudouet, “Mediating Peace with Proscribed Armed Groups”,United States Institute for Peace, Special Report 239, (Washington : 2010)6See, for example, arguments put forward in John Bew et al., Talking to Terrorists: Making Peace in Northern Ireland and the Basque Country, (London :Hurst and Company, 2009), and Mitchell B. Reiss, Negotiating with Evil : Whento talk to Terrorists, (E-book : Open Road Integrated Media, Brussels : 2010)7Supreme Court of the United States, Ruling 77, Docket N° 08-1498, “Holder,Attorney General, et al. v. Humanitarian Law Project et al.”, 21 June 20108International Crisis Group, “War Crimes in Sri Lanka”, Crisis Group Asia ReportN° 191, (Brussels : 2010)9On the question of assumptions see David Petrasek, “Armed Groups andPeace Processes – Pondering and Planning Engagement”, Background paper,Centre for Humanitarian Dialogue Asian Mediators’ Retreat, (Geneva : Centrefor Humanitarian Dialogue, 2005)10The distinct role played by national mediators, and the real challenges andrisks they assume are not addressed within this paper. On this subject see, forexample, Simon Mason, “Insider Mediators : Exploring Their Key Role in InformalPeace Processes”, (Berlin : Berghof Foundation for Peace Support, 2009)36
Engaging with armed groups11Oliver Wils and Véronique Dudouet, “Challenges Facing PeacebuildersEngaging with Listed Groups”, (Berlin, Berghof Conflict Research and BerghofPeace Support, 2010) ; Andy Carl, “Viewpoint : Ending Civil Wars Just GotHarder”, accessed from the BBC World Service website, 29 June 201012Quartet Statement, London, 30 January 200613Speaking at the International Peace Institute, New York, 22 September 201014United Nations Press Release, SG/SM/7257, Secretary-General Commentson Guidelines Issued to Envoys, 10 December 199915United States Code, Title 18, §2339B, “Providing material support or resourcesto designated foreign terrorist organizations”, (d) Extraterritorial jurisdiction.16In the United States the more immediate effect is political ; indeed there areseveral examples of individuals who have failed to receive congressionalconfirmation for political appointments because of their prior engagementswith designated terrorists.17See Dudouet, “Mediating Peace with Proscribed Armed Groups”, on possiblesteps to reform proscription regimes.37
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