The Effects of China's Rising Legal Influence in Africa on AFRICOM's Strategic Objectives

• Author: Major Jonathan E. Fields
• Pages: 83-105

2014] AFRICOM’S STRATEGIC OBJECTIVES 83

THE EFFECTS OF CHINA’S RISING LEGAL INFLUENCE

IN AFRICA ON AFRICOM’S STRATEGIC OBJECTIVES

MAJOR JONATHAN E. FIELDS*

The twenty-first century is the century for China to lead

the world. And when you are leading the world, we

[Africans] want to be close behind you. When you are

going to the moon, we don’t want to be left behind.1

I. Introduction: China’s Rising Influence in Africa

China is increasing its political, economic, and legal association

within the continent of Africa.2 The engagement between China and

Africa is not a recent development. History suggests that elephant ivory

and wood from Africa was being shipped into southern China as early as

* Judge Advocate, U.S. Army. Presently assigned as Associate Professor, Administrative

and Civil Law Department, Judge Advocate General’s School, United States Army,

Charlottesville, Virginia, LL.M., 2013, The Judge Advocate General’s School, United

States Army, Charlottesville, Virginia; J.D., 2009, Indiana University Maurer School of

Law; B.A., 2001, Indiana University. Previous assignments include Chief of Client

Services, Chief of Claims and Special Assistant U.S. Attorney, Civil Division, Southern

District of Georgia, 3rd Infantry Division, Fort Stewart, Georgia, 2011–2012, Trial

Counsel, 2d Brigade Combat Team (Rear Provisional), 3rd Infantry Division, Fort

Stewart, Georgia, 2010; G-3 Training Officer, 2nd Infantry Division, Camp Red Cloud,

Korea 2005–2006; Assistant S-3, 1-36 Infantry Battalion, 1st Brigade Combat Team, 1st

Armored Division, Ray Barracks, Germany; Scout Platoon Leader, Task Force Spartan,

1st Brigade Combat Team, 1st Armored Division, Iraq 2003–2004; Rifle Platoon Leader,

B Company, 1-36 Infantry Battalion, 1st Brigade Combat Team, 1st Armored Division,

Ray Barracks, Germany 2002. Member of the bars of the state of Indiana, the Northern

and Southern Districts of Indiana, the United States Court of Appeals for Veterans

Claims, and the United States Supreme Court. This article was submitted in May 2013 in

partial completion of the Master of Laws requirements of the 61st Judge Advocate

Officer Graduate Course.

I would like to thank Lieutenant Colonel (Retired) Rich DiMeglio, former Chair,

International and Operational Law Department, The Judge Advocate General’s Legal

Center and School, Charlottesville, Virginia; Major Matthew Stewart, U.S. Marine Corps,

Operational Law Division U.S. AFRICOM, and Major Winston Williams, Command and

General Staff College, Fort Leavenworth, Kansas, for their direction, guidance, and edits.

1 See SERGE MICHEL & MICHEAL BEURET, CHINA SAFARI, ON THE TRAIL OF BEIJING’S

EXPANSION IN AFRICA 11 (2009) (quoting Nigerian President Olusegun Obasanjo to

Chinese President Hu Jintao on April 2006, in Lagos, Nigeria).

2 See DAVID E. BROWN, HIDDEN DRAGON, CROUCHING LION: HOW CHINA’S ADVANCE IN

AFRICA IS UNDERESTIMATED AND AFRICA’S POTENTIAL UNDERAPPRECIATED 34 (2012).

84 MILITARY LAW REVIEW [Vol. 219

the eleventh century.3 The interesting issue lies in the rapid acceleration

by China into international and domestic legal systems within the

African continent over the last twenty years.4

Scholars debate the effects of this association on African economic

and legal systems. Some suggest that Chinese intentions are ultimately

aimed at extracting the wealth of natural resources from Africa as

efficiently as possible, with little concern for the prosperity or welfare of

the African people.5 On the other hand, some scholars suggest that

China’s incursions into the inner regions of the continent, though driven

by the desire for economic growth, are not as nefarious as they appear,

nor are they adverse to the well-being of the African people.6 Regardless

of its motives, China’s rising influence affects international law and

domestic African law. Much ink has been spilled over China’s increased

interaction with Africa, but China is not alone in its attempts to connect

with the continent.

President George W. Bush created the United States Africa

Command (AFRICOM) in 2007.7 In a posture statement by General

Carter Ham8 on February 29, 2012, to the House Armed Services

Committee, General Ham described the mission of AFRICOM9 as

follows:

Africa Command protects and defends the national

security interests of the United States by strengthening

the defense capabilities of African states and regional

3 Robert I. Rotberg, Preface to CHINA INTO AFRICA, TRADE AID, AND INFLUENCE, at vii

(Robert I. Rotberg ed., 2008).

4 See CHRIS ALDEN, CHINA IN AFRICA 12 (2007).

5 Firoze Manji, Preface to AFRICAN PERSPECTIVES ON CHINA IN AFRICA, at vii (Firoze

Manji & Stephen Marks eds., 2007).

6 DEBORAH BRAUTIGAM, THE DRAGON’S GIFT, THE REAL STORY OF CHINA IN AFRICA 21

(2009). “From the evidence, China’s aid does not seem to be particularly ‘toxic’; the

Chinese do not seem to make governance worse, and although it is probably believed that

aid comes with “no strings attached,” economic engagement usually does come with

conditions, some of it even (indirectly) governance-related.” Id. at 21.

7 David J. Francis, Introduction to US STRATEGY IN AFRICA: AFRICOM, TERRORISM,

AND SECURITY CHALLENGES 3 (David J. Francis ed., 2010).

8 United States Africa Command (AFRICOM) Commander’s Biography, AFRICOM.MIL

(Nov. 21, 2012, 12:07 PM), http://www.africom.mil/GenCarterHam.asp. General Carter

Ham, U.S. Army, assumed command of AFRICOM on March 9, 2011. Id.

9 United States Africa Command (AFRICOM) Commander’s Biography, AFRICOM.MIL

(May 29, 2014, 2:40 PM), http://www.africom.mil/about-the- command/leadership/com-

mander. General David Rodriguez assumed command of AFRCOM on April 15, 2014.