IS105 - Responsibility to Protect

8/8/2019 IS105 - Responsibility to Protect

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The global moral compact that will endatrocity crimes


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RESPONSIBILITY TO PROTECT (R2P)

A new international security and humanrights norm to address the internationalcommunitys failure to prevent and stopgenocides, war crimes, ethnic cleansing andcrimes against humanity.


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INTERNATIONAL COMMISSION ON INTERVENTIONAND STATE SOVEREIGNTY

massive violations of humanitarian normssovereign rights of nation states


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(2001 Report )

Inherent in the concept of sovereignty is astate's responsibility to protect itspopulations; and

If a population is suffering serious harm, andthe state in question is unwilling or unable tohalt or avert it, the responsibility to protectthose people lies in the internationalcommunity.


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Responsibility to prevent

Responsibility to react

Responsibility to rebuild


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Sovereignty refers to the rights that statesenjoy to territorial integrity, politicalindependence and non-intervention.

Human rights refer to the idea theindividuals ought to enjoy certainfundamentals freedoms by virtue of theirhumanity.


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The tension is evident in the U N charteritself. When it came to designing the post-war order, the horrors of the WW II

produced a contradictory response fromworld leaders.Three concerns pulled them in differentdirections.


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F irst, there was a strong impetus for the

outlawing of war as an instrument of policy.Second, was the emergency of the idea thatpeoples had a right to govern themselves.The third concern was in large part a reactionto the Holocaust and the humanity could sinkpersuaded the U N Charters authors thataspiration for human rights had to be placed atthe heart of the new order.


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There are good reasons for thinking thatthis tension goes to the very heart ofinternational order, not at least because

those who argue against collective actionaimed at reaffirming faith in fundamentalhuman rights invoke sovereignty to supporttheir case.


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This sees sovereignty as a barrier tocollective measures to protectfundamental human rights implies that

sovereigns are entitled to act however theyplease within their own jurisdictions.


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F or German absolutists, sovereigntyimplied not just the absence of a superiorauthority but also competence to the full

reach of its material power.to say a person is sovereign means notmerely to say that he does not recognizeany authority above his own, but that he

may issue orders at at his own discretion.


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Historically, however, the vision of sovereigntyhas tended not to win support from the societyof states.


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It relates to the relationship betweensovereignty and non-intervention.The belief that sovereignty and human rightsare fundamentally opposed to each other isbased on the view that the principal duty owedto sovereign is non-intervention.


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Human rights challenge sovereignty when they

are used as a vehicle for outsiders to interferein the sovereigns domestic affairs.According to Hedley Bull, the intervention isgenerally considered wrong because sovereign

states or independent political communitiesare thought to have a right to have theirspheres of jurisdiction respected, anddictatorial interference abridges that right.


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Barry Buzan recently defined non-intervention corollary of sovereignty.Given that sovereignty goes back some four

hundred years, it is fair to say that, for thebulk of its history, sovereignty was notaccompanied by a right to non-intervention.

Logically, therefore, one can ha esovereignty without a rule of non-intervention.


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These four concerns suggest that it iswrong to think that collective measuresto protect fundamental human rights

strike at the very essence ofsovereignty.


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Traditional sovereigntyNations have a right to determinetheir own form of government.

Sovereignty entails responsibilities andthat a governments failure to fulfillthose responsibilities might legitimize,indeed require, external interference inthat sovereigns affairs.


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States enable nations to enjoy acommon life and should be

free to determine their ownform of culture and system ofgovernance.

Predicted on human rights


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Necessary to protect the weakfrom the strong and to prevent

the re-emergence ofcolonialism.International order can only be

achieved by rigid adherence tothe rule of intervention.


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1. Requires a presumption againstintervention by placing a high

threshold on when outsidersare entitled to intervene toameliorate human suffering

against the wishes of the hostgovernment.


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2. Any intervention should beproperly authorized by the U N

Security Council.


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All people have the right to self

determination; by virtue of thatright they freely determine theirpolitical status and freely pursue

their economic, social andcultural development.


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Sovereignty as responsibility rest ontwo foundations:Individuals have inalienablehuman rights.Governments Responsibility toprotect all citizens of the state.

F ail to protect the rights of thecitizens or F ail in sovereignresponsibilities.


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F rancis Deng and Cohen

Proposed sovereignty asresponsibilityPrimary responsibility for protectingand assisting.The corollary of sovereign asresponsibility is accountability


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Troubled states faced a choice:To work with internationalorganizations and other interested

outsidersObstruct international efforts andforfeit their sovereign

if governments failed to meet theirobligations, they riskedundermining their legitimacy.


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BlairTwo sets of responsibilities:

Enlightened self-interest createdinternational responsibilities fordealing Egregious human suffering.Sovereigns had responsibilities tothe society of states.


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Blair Proposed 5 test to ascertain

legitimacy of interventionAre we sure of our case?Have we exhausted all diplomatic

options?Are there sensible and prudentmilitary options?

Are we prepared for the long-term?Are there national interestsinvolve?


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Prevention of deadly conflict is one of thefundamental goals of UN.

saving future generations from the scourge of war.

Dag Hamamrskjold - The UN primary goal was toprevent and resolve conflicts.


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Office of the Research and Collection of Information(ORCI). Perez Cuellar.

1992 Boutros-Ghali Agenda for PeaceInterdepartmental Working Group.

2001 Prevention of armed conflict Kofi AnnanEncouraged a culture of prevention

Culture of Prevention, late 1990s Michael Lund.Way of elevating structural prevention.


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Culture of Prevention should be based on 10 principles.

Preventive action should be initiated at the earliest possiblestage of a conflict cycle.

Security Council Resolution 1366 (August 30, 2001)C reation of central fund for the provision of conflict preventiontraining UN staffpromising to employ all appropriate meansto prevent violent conflict.


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High-Level Panel (HLP) prevention of mass atrocities,prevention of armed conflict and humanitarianatrocities.

HLP overlooked the recommendation of ICISS.

Root cause prevention with economic development.


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UN Office of the Special Adviser on the Prevention of Genocide in 2004.

UNs responsibility to prevent genocide and massatrocities.

Bilateral measures might enhance the capabilities of regional and international organizations to preventgenocide, mass killing.

Greater resources, which might enable it to play animportant role in early warning.


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Interference in sovereign affairs would be limited to graveemergencies such as genocide.

NAM to maintain an effective instrument for preventingconflict should take into account the need for states torespect international law and the importance of

sustainable development.


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Early Warning Components ( According to JamesSutterlin ):

1. Access to information2. Analysis capabilities3. A communication channel to decision

makers capable of authorising effectivemeasures.


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3 types of Early Warning Systems:1. F ocusing on political crises

Monthly survey of country-by-country

analyses, identifying countries at risk andconflict trends ( Crisis Watch Programme ).

2. Predict impending humanitarian crises3. Provide early warning of natural disasters

HEWS provides advance warning of naturalphenomena like droughts, storms, floods,earthquakes, volcano eruptions which arelikely to cause humanitarian crises.


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Gives the Secretary- General a responsibilityto alert the Security Council to situationswhich may endanger international peace and

security.


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Typically refers to the Secretary- Generalsefforts to broker agreements betweenconflicting parties.

Agenda for Peace describing it as a rangeof measures designated to createconfidence between potential belligerents.Used traditional instruments such as

mediation, conciliation, and the provision ofgood offices and more intrusive measuressuch as preventive deployments anddemilitarized zones.


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1. Changing the departments recruitment andwork ethos.

2. Creation of Mediation Unit in 2006Will act as the repository of best practice and ofthe lessons learned on peacemaking.Will recruit and maintain lists of experiencedenvoys.Will conduct training for envoys and mediators todisseminate best practice.

3. UN Peacemaker Programme a website toprovide practical guidance to envoys andmediators.

Designed to be a repository of information on bestpractice and lessons learned for those engaged inpreventive diplomacy and conflict management.


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1. Collecting information on massive andsystematic violations of human rightswhich, if not prevented or halted, might

lead to genocide.2. Acting as an early warning mechanism for

the Secretary- General3. Making recommendations on actions for the

prevention of genocide4. Liaising with the U N system on measures to

prevent genocide.


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Plan for Preventing Genocideprevention of armed conflict in general

because war usually provides the context forgenocide; protection of civilians; ending ofimpunity through international criminalproceedings; early warning; and swift and

decisive responses, including the use of forceas the last resortEarly Warning indicators

Existence of groups at risk

Violation of human rightsHistory of genocide


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3rd strategyThe world could strengthen its capacity toprevent the commission of genocide and

mass atrocities.It measures designed to end impunitythrough international criminal law or humanrights diplomacy.


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Developed the international criminal law.hybrid courtrs organised by nationalsuthorities.

Overseen by the international communityoffers a judicial deterrent to mass atrocities.


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F irst group/ Like-minded groupOver 60 states: Canada, EU except F rance, NewZealand, Argentina, South Korea, and SouthAfricaAdvocated a strong and independent courtInvested with authority to launch investigations


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Second groupComprised the permanent members of theSecurity Council except the UK

Insisted that the ICC should be controlled by thecouncil.In the end, Russia and F rance were satisfiedenough the Rome Statute to vote for it.US and China voted against.


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Third groupUS had at least one foot, were obstructionistsand included Libya, Iran and Iraq.

120 states voted in favor of the final statute andonly seven states voted against. (U S, Israel,China, Iran, Iraq, Libya, and unknown state )


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F irst:The Security Council established ad hoc tribunalsto prosecute the perpetrators of grave crimes inBosnia and Rwanda.Reluctant to provide the tribunals with theresources.Concerned about criminal proceedings thatwould make it harder for interceptors to broker

political settlements.


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Second:The effort to end impunity involves diplomaticrather than judicial tools.

To provide early warning and preventive actionby monitoring human rightsby promotion, collective measures to assiststates to protect the rights of their citizens.


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After the Nuremberg and Tokyo trials at theend of WW II, the ILC established by U N.

With setting the groundwork for a global warcrimes court.


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4th strategyOperationalizing the responsibility to prevent= deployment of preventive peace

operations.


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Intended to build confidence betweenpotential belligerentsTo monitor human rights

To prevent the outbreak of violence


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F irst raised in the Palme report ( 1982) onmeasures for addressing internationalsecurity problems.

The idea of preventive deployments was set outby Boutros- Ghali in Agenda for peace andJames Sutterlin.

The Secretary- General was reportedlysceptical at the outset, but was turnedaround by the force of Suttelins case and byother key figures such as BertrandRamcharan.


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The only dedicated preventive peace operation was

the U Ns Preventive Deployment in Macedonia(UNPREDEP), through the EUs 2 missions in supportof MONUC in the DRC had important preventivecomponents.

Although, each has motivated its own form ofcontroversy, the general concept of preventive U N peacekeeping has proven relatively uncontroversial.

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IS105 - Responsibility to Protect