To examine the early development of humanitarian norm cascades, the author focuses on the processes that led to the adoption of the 1997 Mine Ban Treaty and the 2008 Convention on Cluster Munitions. Even though major military powers like the United States, Russia, and China opposed these initiatives, the latter set in motion quick norm cascades that brought about international legal norms stigmatizing land mines and cluster munitions. It is conventionally asserted that international norms emerge either due to great power backing or despite great power opposition, but the author argues that new norms can also take off because of great power opposition. Whenngos and leading states actively foster normative change, a particular type of norm cascade is engineered—one generated by different mechanisms and starting earlier than postulated in the literature. Early norm cascading is driven not by emulation of peers andngonaming and shaming of laggard states, but rather by leadership aspirations and naming and praising.
The article examines the roles of NGOs in banning cluster munitions that resulted in the 2008 Convention on Cluster Munitions and the campaign against landmines in the 1990s. It argues that NGOs have managed to move questions about the use of force from the closed decision-making sphere of military commanders and arms control diplomats into open public debate. Thus NGOs have simultaneously desecuritised the use of force by states, securitised certain weapons technologies, and made human beings the referent object of security. This has marked a shift from state security and strategic disarmament to human security and humanitarian disarmament, without fundamentally challenging the laws of war. However, in contrast to realist views that only militarily useless weapons ever get banned and radical critical perspectives that see new legal regimes as legitimating war and US hegemony, I argue that NGOs have engaged in immanent critique of military arguments and practices based on prevailing principles of international humanitarian law. The resulting weapon ban treaties have both restrained US policy and undermined its legitimacy. The article explores the discursive choices that underpinned the remaking of the security agenda by NGOs and their role as de/securitising actors and emancipatory agents of change.
Abstract:The paper focuses on the argumentative process through which new international norms prohibiting the use of weapons causing severe civilian harm emerge. It examines the debate surrounding the use and usefulness of landmines and cluster munitions and traces the process through which NGOs change conceptions of military utility and effectiveness of certain weapons by highlighting their humanitarian problems and questioning their military value. By challenging military thinking on these issues, NGOs redefine the terms of the debate -from a commonplace practice, the use of such weapons becomes controversial and military decisions need to be justified. The argument-counterargument dynamic shifts the burden of proof of the necessity and safety of the weapons to the users. The process witnesses the ability of NGOs to influence debates on military issues despite their disadvantaged position in hard security issue areas. It also challenges realist assumptions that only weapons that are obsolete or low-cost force equalizers for weak actors can be banned. To the contrary, the paper shows that in the case of landmines and cluster munitions, defining the military (in)effectiveness of the weapons is part and parcel of the struggle for their prohibition.
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