The Responsibility to ProtectChapters 1 & 2
Melissa Iraha and Shiori Kawata
CHAPTER 1: THE POLICY CHALLENGE
Chapter 1 Outline• The Intervention Dilemma• The Changing International
Environment• The Implications for State
Sovereignty• The Meaning of Intervention
The Intervention Dilemma• Inaction…..ex. Rwanda case reflects
the lack of interest of the international community
• Action…ex. Kosovo case questions the legitimacy of intervention
ex. Bosnia & Somalia cases failed to keep a promise to protect lives
Either way entails consequences and controversy
The Intervention Dilemma
• Different positions in the debate over intervention has divided the international community
• A common ground must be found to effectively respond to those in need of help
• Sept. 2000, Canada government announced the establishment of the ICISS
The Intervention Dilemma
• ICISS (International Commission on Intervention and State Sovereignty)
• Objective: to develop a political consensus on the process from discussion to action, esp. in the UN.
• Membership: reflect diverse perspectives• Encourage the UN to meet a consensus• Nov. 2000, commission meets for the first time
in Ottawa– Work process “transparent, inclusive, and global”– Establishment of a research directorate– Regional roundtables and national consultations
(sec.1.9)
The Changing International Environment
• The types of national and international affairs have changed– ex. the war against terrorism
• Current international institutions are out of date– New actors– New security issues– New demands and expectations– New opportunities for common action
The Changing International Environment- New Actors -
• 51 (1945) to 189 (2000) UN member states…today 193 (2011)
• Institutional actors concerning human rights and human security– OHCHR, UNHCR,ICRC…etc.
• Non-state actors– NGOs, media and academics, armed non-state
actors• Wider views, new perspectives and
increased awarenessNo longer only interstate
The Changing International Environment
- New Security Issues -• Domestic armed conflicts• Competition over resources• Proliferation of cheap and highly destructive
weapons• Increased civilian casualties
Often seen as intrastate conflicts• Developed states are deeply involved in these
domestic conflicts that seem distant– ex. colonial remnants, weapons,…etc
• International “security depends on a framework of stable sovereign entities” Implies the responsibility of the international community to
be actively engaged in nation-building
The Changing International Environment
- New Security Issues -• Current UN peacekeeping strategies
designed for interstate conflicts and ceasefires must be updated
• Military intervention that can guarantee the protection of civilians is necessary– Proportionality shouldn’t be too less or too much
• Consistent responses to all serious humanitarian crises (regardless of location, severity, interests)
The Changing International Environment
- New Demands and Expectations -• Norms and mechanisms which protect human rights
– Progress in its international recognition (sec.1.25)• New international institutions and NGOs concerning
protection of human rights new expectations for conduct and corrective action
• The expansion of the concept of security extending to people, not only states– “there is growing recognition worldwide that the protection of
human security…..must be one of the fundamental objectives of modern international institutions.”
• Information technology raised awareness of geographically distant conflicts, esp. through visual media
The Changing International Environment-New Opportunities for Common Action-
• The prospect of the Security Council fulfilling its role in maintaining international peace and security– Has the “capacity” for common actionToo optimistic? bureaucratic and political
impediments…• Globalization and interdependency
induce neighboring states to be engaged in regions with conflicts
The Implications of State Sovereignty
• Sovereignty is the best line of defense for many states…but also
“a recognition of their equal worth and dignity, a protection of their unique identities and their identities and their national freedom, and an affirmation of their right to shape and determine their own destiny”
• Many new states are in the process of establishing their identities– International law constrains states on how they should
treat their citizens– New actors taking part in international roles that were
once states’ responsibility
The Implications of State Sovereignty
• But sovereignty still matters– States are the best entity that can effectively
benefit from the participation in globalization via trade, communication…etc, and gain international respect in terms of human rights
– Confident, independent states can help maintain security through cooperation
• Sovereignty implies Dual responsibility:– External…respecting sovereignty over other
states– Internal…respecting the rights of citizens of
own state
The Meaning of Intervention
• Debate over definition of “intervention”• Intervention(R2P Report): action taken
against a state or its leaders, without its or their consent, for purposes which are claimed to be humanitarian or protective– Coercive measures• Preventive measures…measures taken to avoid
the need for military intervention• Reactive measures…alternative measures to
military force in addressing conflicts
The Meaning of Intervention
• Instead of “humanitarian intervention”“intervention”, or “military
intervention”, for human protection• This is a response to opposition from
humanitarian organization concerning the use of the word “humanitarian” in military terms
• Using the term “humanitarian intervention” can pre-justify its legitimacy
CHAPTER 2: A NEW APPROACH “ THE RESPONSIBILITY TO PROTECT”
Chapter 2. Outline• The Meaning of Sovereignty• Human Rights, Human Security and
Emerging Practices• Shifting the term of the debate
Situation in the world• Goal is to deliver practical protection for
ordinary people • Continuing fear about a “right to
intervene” concerning previous cases of intervention
• Development of consistent and enforceable standards to guide state by international community is necessary in order to justify intervention for humanitarian protection purposes
Needs for new approach to intervention on human
protection grounds• To establish clearer rules, procedures
and criteria• To establish the legitimacy of military
intervention• To ensure that military intervention is
effective• To help eliminate the causes of
conflict
Changing Language
• From “right to intervene” to “responsibility to protect”
• But without changing the substantive issues• Addressing all issues from new perspectives
concerning the “responsibility to protect”1. principles of the concept of sovereignty2. impact of principles of human rights and human security
The Meaning of Sovereignty
• Sovereignty:• The legal identity of a state in international
law• Has the capacity to make authoritative
decisions about people and resources in the state
• Has regulated authority internally by constitutional power sharing arrangement
• Has corresponding obligation to respect other state’s sovereignty
The Meaning of Sovereignty - Non-intervention -
• Duty not to intervene in the internal affairs of a sovereign state
• Victim state’s further right to defend• Right to self-defense• The norm of non-intervention has not
been undermined
The Meaning of Sovereignty- The organizing principle of
the UN system -• 3 goals of international collaborative
action①State-building②Nation-building③Economic development
• Majority of armed conflicts are not inter-state, but internal
• Sovereignty in the state, in the people, and in individuals
The Meaning of Sovereignty - Sovereignty as Responsibility - • From sovereignty as control to
sovereignty as responsibility• Responsible for
①Protecting the safety and lives of citizens②Citizens internally / international community③Action (accountability)
Human Rights, Human Security and Emerging
Practices-Human Rights-“Promoting and encouraging respect for human rights and for
fundamental freedoms for all without distinction to race, sex, language or religion”
• Civil-political, social-economic, cultural right• The Universal Declaration and the two
Covenants of 1966 established the benchmark for state conduct and national law
• From a culture of sovereign impunity to a culture of national and international accountability-to judge state conduct-to develop humanitarian law
Human Rights, Human Security and Emerging
Practices-Human Security-• Security of people
①physical, economic, social safety②respect for dignity and worth③protection of human right and freedom
• National security can be threatened not only by external aggression, but also by internal “security” forces
Human Rights, Human Security and Emerging
Practices-Shift in the Concept of
Security-• States must direct increased concern on domestic security of its citizens: from territorial security (security through armament) to environmental security (security with access to food and employment)
• A focus on fundamental security of ordinary people in their daily lives
Human Rights, Human Security and Emerging
Practices-Emerging Practice-• Debate on military intervention for human protection
purposes concerning the needs and distress in the real world and the systematic instruments and modalities for managing world order
• Due to the complexities of establishing a customary international law, there is an emerging guiding principle= “responsibility to protect” “Guiding” principle…how likely is it to be
implemented?• The scale of the crises helps interveners justify their
actions by claiming the possible threat to the international society…ex. Somalia, Kosovo…
• Military intervention for humanitarian protection can be legally justified based on UN Charter and other legal foundations
Shifting the Terms of the Debate
“Right to Intervene”①attention on claims,
right and prerogatives of intervening state
②the need for prior effort and follow up assistance
③in favor of intervention, sovereignty with intervention
“Responsible to protect”①from point of view of
those seeking or needing support
②primary responsibility with the state concerned
③responsibility to prevent, responsibility to react, and responsibility to rebuild
Shifting the Terms of the Debate
-Responsibility to Protect-• The domestic authority is the best placed to
prevent problems from turning into conflicts• If the state is unwilling or unable to take their
responsibility to protect, the boarder community of the states must take actionOn what standards does the international community
decide whether a state is unable to address its problems?
• To prevent, to react, and to rebuild are important• The focus of discussion is shifted to the people
who need or seek assistance
UN Response to the R2P• In 2005 UN World Summit, recognized 3 pillars of R2P:
– 1. State’s responsibility for its citizens– 2. International Community’s responsibility to assist 1. – 3. International Community’s responsibility to protect populations from
humanitarian crimes• A new joint office of Special Adviser on the Prevention of Genocide
and Special Adviser on the Responsibility to Protect in 2007• Security General’s report and General Assembly in 2009 for
continued consideration of the implementation of R2P• 2010, Security General addresses consideration of improved
preventative mechanism in the UN• 2011, General Assembly mentions the role of regional and sub-
regional cooperation in implementation• 2012, Security General presented a need for a timely and decisive
response by the UN
Key Questions Can we be optimistic about the United
Nations Security Council fulfilling an efficient role in approaching future humanitarian crises?
On what standards does the international community decide whether a state is unable to address its problems?
How likely is it to be implemented? Will it only be referred to as a “guiding” standard?
References• The International Commission on Intervention and State
Sovereignty. The Responsibility to Protect. 2001• The International Commission on Intervention and State
Sovereignty. The Responsibility to Protect: Research, Bibliography, Background. 2001
• The Responsibility to Protect. City University of New York (CUNY). Retrieved 2012
• “Member States”. United Nations. Retrieved 2012 http://www.un.org/en/members/growth.shtml
• “Charter of the United Nations”. United Nations. Retrieved 2012 http://www.un.org/en/documents/charter/
• “The Responsibility to Protect”. United Nations. Retrieved 2012 http://www.un.org/en/preventgenocide/adviser/responsibility.shtml