Showing posts with label R2P. Show all posts
Showing posts with label R2P. Show all posts

Public International Law and Policy Group: The Legal Basis for Humanitarian Intervention in Syria


August 8th, 2012 by Kirsty Sutherland

The Public International Law & Policy Group (“PILPG”) has released a legal memorandum setting forth the legal basis for humanitarian intervention in Syria.  The memorandum argues that under the doctrine of Responsibility to Protect (“R2P”), there is a sufficient legal basis to use military force against the Syrian regime for the limited purpose of stopping the ongoing and dramatically escalating atrocity crimes.

The Syria crisis continues, and the violence is escalating. Tens of thousands of refugees have fled to neighbouring countries.  Diplomatic measures and sanctions have proven ineffective, and, with Russia and China having vetoed three Security Council resolutions aimed at stopping the violence, the Security Council is paralyzed.

The memorandum analyses the Syria crisis through the lens of R2P.  PILPG argues that because there are ongoing atrocity crimes in Syria, peaceful measures have been exhausted, and the Security Council is deadlocked, there is a sufficient legal basis for the international community to use force for the limited purpose of stopping atrocity crimes and protecting civilians.  Military intervention in Syria would be legal, even without prior Security Council approval, as long as it satisfied R2P’s procedural and operational safeguards.

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DO- one question: How does the distinction b/w IAC and NIAC make a difference in terms of R2P? The author implies that it does make a difference, citing Rwanda case. 

Syria is NIAC or IAC? some would argue it is a proxy war. ICRC is of the opinion that it is NIAC. 

Stopping Genocide: The Responsibility to Protect


Stopping Genocide: The Responsibility to Protect
Thor Halvorssen, Founder, Human Rights Foundation, 01/20/2012

Should democratic governments step into the sovereign affairs of other states in order to prevent genocide or mass killings?

During World War II, German cleric Dietrich Bonhoeffer actively conspired against Hitler to resist the persecution of Europe's Jews. Bonhoeffer spent years subverting Nazi policy at the highest level and was even involved in the plot to kill Hitler. When Bonhoeffer, a Lutheran pastor, was caught by Nazi officials, he was first held in military detention, then in a Gestapo prison, then at Buchenwald concentration camp, and finally at Flossenbürg concentration camp. As allied forces approached Flossenbürg in 1945, the SS received orders to hang Bonhoeffer. Before he died, he explained his resistance to the Nazi regime: "If I see a madman driving a car into a group of innocent bystanders, then I can't, as a Christian, simply wait for the catastrophe (DO- to happen) and then comfort the wounded and bury the dead. I must try and wrestle the steering wheel out of the hands of the driver." In Bonhoeffer's mind those in a position to act have a responsibility to protect.

In the aftermath of the Third Reich, whose horrors were a grave wake-up call for the world's democratic nations, open societies began to recognize a responsibility to prevent despotic regimes from killing their own people on a massive scale. Almost 65 years after the Holocaust and decades after genocides and mass murders in Cambodia, Darfur, Ethiopia, and Srebrenica, (DO- Rwanda) a principle of government policy by the name "Responsibility to Protect" took form.

Also known as R2P, the doctrine was adopted in 2005 by the United Nations (DO- 2005 World Summit Outcome) in the wake of genocides in Rwanda and Bosnia. The policy obligates the international community to use diplomatic and humanitarian means to support governments in exercising the responsibility to protect their citizens, as well as coercive tactics -- diplomatic, legal, economic, and as a last resort, military -- in order to stop mass atrocities. R2P became the legal basis invoked to prevent crimes against humanity and war crimes last spring in Libya by NATO forces under the mandate of the UN Security Council.

Critics brand R2P an inconsistent policy, activated in the case of oil-rich and isolated Libya, but not in the case of Syria, which lacks oil and sits as a fragile flashpoint between Lebanon, Iraq, Israel, and Turkey.
(DO- criticized for providing cover for intervention to pursue self-interest ; double-standard ; when the attempt for UNSC Res on Syria was watered down by Russia, Susan Rice (USUN) said the US was disgusted)

If something like Srebrenica were to happen today within Europe, R2P action might be trigged (typo? triggered) immediately. But when massacres occurred in Burma or the Congo, for instance, NATO turned a blind eye. Some critics conclude that R2P is led solely by economics; others believe it is racist. The truth is that democratic processes like R2P are imperfect, driven by competing self-interests, and messy. But authoritarianism is infinitely messier.

Indeed, the major challenge to R2P moving forward is represented by China and Russia. You will never see the UN address the repression of the Uyghur people in China or the Tibetan population in the R2P discussion. You will never see the R2P doctrine implemented in Chechnya, a country that has been ravaged for two decades by Russia. The Russian and Chinese governments, members of the U.N. Security Council, are the two major obstacles that stand in the way.

According to Freedom House, 45 percent of today's governments, such as Chile, Japan, or Sweden, are fully democratic or "free"; 24 percent such as Burma, Cuba, or Zimbabwe are authoritarian or "not free"; and 31 percent such as Malaysia, Sri Lanka, and Venezuela are elected authoritarian or "partly free." It is then quite remarkable that R2P was realized this year in Libya when you consider that 55 percent of the governments that sit at the United Nations aren't really interested in protecting their citizens. In fact, governments of nations that are partly free or not free often do great harm to their own people, especially to those individuals who criticize the government, point out corruption or human rights violations, or those who wish to participate in government through elections.

In a recent Oxford University Press book -- The Responsibility to Protect: The Promise of Stopping Mass Atrocities in Our Time -- human rights lawyers Jared Genser and Irwin Cotler edit a volume of essays that range from endorsement to skeptical views of the doctrine. With an introduction by Desmond Tutu and the late Václav Havel, the assembled contributors have produced the best discussion on how best to apply R2P to current and future humanitarian crises (full disclosure, Václav Havel was Chairman of the Human Rights Foundation at the time of his death and HRF partly financed the publishing of this book). Without a thoughtful dialogue R2P could easily be dismissed as a toothless measure or be stereotyped as an imperialist tool for regime change and occupation.

Throughout history governments have proven that they are, at best, late to address crises of this sort and, at worst, unconcerned. It has taken a very special set of circumstances for the UN to act on R2P given the nature of its member states, as well as the fact that free nations are too often driven by economic concerns (the number of former Western government officials and public intellectuals on Gaddafi's payroll is staggering). What made the difference in Libya and will make the difference in the future of R2P is civil society. R2P will only become a consistent and honest policy that saves lives in future crises if civil societies take the lead in monitoring global human rights violations and calling for appropriate action.

By civil society, I refer to the billions of people living in the free world. Men and women who can speak out and bear witness. Those who saw the images of slaughter in Benghazi contrasted with the rantings of Gaddafi and his son Saif al-Islam, who threatened to crush protestors with tanks and raved that "anybody who undermines the sovereignty of the state shall be punished by death."

Fifty years ago people would read such pronouncements and learn of the tragic aftermath days or even weeks after the fact. News is no longer subject to the monopoly of mass media or the whims of editors who think too many stories about one region or one country is excessive. Twitter, YouTube, and Facebook have changed all that, empowering the citizenry with more access to information.

(DO- I would also point to the fact that ordinary citizens get more involved in providing sources of news; non-profit educational model is emerging; and multinational corporate news media losing its market share.
In Syria, video clip is sent from citizens, as opposed to professional correspondent. The same was true in Lybia. Huffington post is a collection of news, as opposed to paying and sending out its own people. NYtimes suffered loss of profit. Washington Post also suffered loss of profit, offset by Kaplan.)  

People in democratic countries can cry out for their leaders to take action, to stop obvious atrocities. And those of us who can speak out have a responsibility to do so, to ensure that our elected leaders respond to mass killings before they unfold, rather than cover them up with euphemisms. This is exactly what happened in Libya when we heard those voices uploaded by mobile phones, crying out for help. People were outraged and governments made decisions knowing that their citizens and media knew the truth. Empathy plays a key role and culture has become central to promote the universality of human rights.

Whether it is due to Elie Wiesel's Night on the Holocaust; Gilbert Tuhabonye's This Voice in My Heart about the genocide in Burundi; the films Hotel Rwanda or Schindler's List or the PBS documentary The Armenian Genocide; people in free countries have never before been more sensitive to the reality of mass killings and the need to do something to stop them. Consider that in the first half of the Twentieth Century there was no organized civil society effort to stop atrocities and, today, there is a formidable growing network of institutions and non-governmental bodies.

For R2P to work, civil society must play the leading role in pressuring governments. They won't act unless we force them to do so -- consistently and with integrity.

Thor Halvorssen is president of the New York-based Human Rights Foundation and founder and CEO of the Oslo Freedom Forum. Follow him on Twitter and on Facebook

R2P, R.I.P.


R2P, R.I.P. , By DAVID RIEFF,  November 7, 2011

(DO- I am not sure what exactly the author wanted to say in terms of how to improve R2P to bring the doctrine to global norm.
I guess
1..  The outside powers should have made more diplomatic efforts before turning to use of force.
2..  do not act on double standards. Do not pick and choose humanitarian crisis for self-interest. )

PARIS — The decision by the U.N. Security Council and NATO to end military operations in Libya on Oct. 31 concludes what appears to be the most successful foreign humanitarian intervention since the quagmires in Afghanistan and Iraq soured much of the Western public on such undertakings. At first glance, the intervention in Libya looks like a textbook case of how the new U.N. doctrine of the Responsibility to Protect (R2P) was supposed to work. The doctrine’s supporters had hoped that it would codify the obligations of outside powers to intervene — through nonmilitary means whenever possible, but with lethal force if necessary — when a tyrannical regime threatens to slaughter its own people.

(DO-2005 Summit Outcome Doc. rather appears to focus on the duty of a State to protect its own people)

Muammar el-Qaddafi’s threat in March to unleash a bloodbath in rebel-held Benghazi was just the kind of extreme instance that R2P’s framers had in mind. And the U.N.-sanctioned NATO intervention did forestall a massacre. Yet it also did much more. Not only were the (life of) citizens of Benghazi spared, but subsequent NATO military operations brought down Qaddafi’s 42-year-long dictatorship, adding Libya to the list of countries in the Arab Spring.

The White House, 10 Downing Street, and, above all, the Elysée Palace, are now patting themselves on the collective back. But a far more qualified reaction may be in order. For one thing, it’s unclear whether the fall of Qaddafi will usher in a better or democratic government in Libya; so far the revolutions of the Arab Spring have not been promising on that front. For another thing, unlike earlier versions of humanitarian intervention, R2P was about protecting civilians, and emphatically not about regime change. The Security Council resolutions that authorized an R2P-based intervention to protect Benghazi did not authorize outside powers to provide air support for the subsequent rebellion against Qaddafi. And it is almost certain that without that support he would not have been overthrown.

Those skeptics like myself who are wary of this interventionist paradigm must acknowledge that rejecting it (R2P) might allow dictators like Qaddafi to stay in power. But its proponents must recognize that in the midst of rebellions such as the one in Libya, people cannot be protected without regime change. They have not recognized this, however, and partly as a result the campaign in Libya has done grave, possibly even irreparable, damage to R2P’s prospects of becoming a global norm.

(DO- its proponents à. skeptics ???)

Those who believe that this is just as well, and that the last thing the world needs is for powerful nations to claim once again the right to bombard weaker ones — this time in the name of human rights and international humanitarian law — will be relieved. But supporters of R2P should be mourning, not celebrating.

Although elation often follows overwhelming military victories, it rarely is warranted. Too soon after the fall of Saddam Hussein in 2003, President George W. Bush disastrously declared “Mission Accomplished” on the deck of a U.S. aircraft carrier. Americans went on to pay dearly for this mindless triumphalism.

Kosovo-style humanitarian military intervention  vs.  R2P in Libya
Similarly hasty self-congratulation about the Libya operation is now obscuring the fact that NATO’s interpretation of R2P in effect puts the old wine of Kosovo-style humanitarian military intervention in a new U.N.-sanctioned bottle.

A straight line runs between such unreconstructed liberal interventionists as Samantha Power and Bernard-Henri Lévy, both vocal backers of the Libya campaign, and the Tony Blair who claimed at the time of the war in Kosovo, when he was Britain’s prime minister, that in the 21st century the West should commit itself to fighting wars to support its values rather than its interests. Self-interest is more like it. Blair and his counterparts in Paris and Washington had no trouble ignoring their professed values and turning a blind eye toward Qaddafi’s crimes when it suited them to do so. And then they decided their interests would be best served by backing the Libyan iteration of the Arab Spring. Regime change became the West’s policy, and the civilian-protection mandate of R2P was its cover.

Proponents of the intervention in Libya often respond to such charges with a wink and a nod — as if we could all agree that the main utility of R2P was always to serve as a moral and political warrant for any humanitarian war they deemed necessary, whatever its legality. The fall of Qaddafi was a good thing, right? Another terrible dictator is felled, replaced by a regime committed to democracy; NATO has once more proved its value; and, unlike the U.S.- and British-led invasion of Iraq, the Libyan operation was genuinely multilateral. Win-win across the board.

Moral risk
R2P is a doctrine born of good intentions, but one of its great drawbacks is that it turns war into a form of police work writ large, guided by fables of moral innocence and righteousness. War, even when it is waged for a just cause and with scrupulous respect for international humanitarian law, always involves a descent into barbarism (think of the way Qaddafi died). This is why even when R2P is applied well, it carries moral risks. And when it is distorted, as it was by NATO in Libya, R2P is not a needed reform to the international system, but a threat to its legitimacy.

Use of force must remain to be a last resort
When R2P supporters advocated the doctrine before the U.N. in the middle of the last decade, they emphasized its nonmilitary aspects and insisted that the use of force would be a rare last resort. Yet in Libya force almost immediately followed the ultimatums issued to Qaddafi; for all intents and purposes, R2P was NATO-ized. As a result, everywhere outside Western Europe and North America, R2P is losing what little ethical credibility it ever commanded.

Double standard
This should surprise no one. A doctrine of intervention that both claims the moral high ground and clamors its universality but under which the interveners are always from the Global North and the intervened upon always from the Global South is not moral progress; it is geopolitical business as usual.

Last month, while officials in Paris, London, and Washington were congratulating one another for a job well done in Libya, in the U.N. Security Council, China and Russia were vetoing, and Brazil and India were abstaining from, the imposition of far milder, nonmilitary sanctions against Syria. Clearly, no R2P-based, Libya-like interventions will get sanction from the U.N. in the foreseeable future.

One would never know it from all the victory talk in the West, but instead of strengthening R2P as a new global norm, the NATO intervention in Libya may well serve as its high water mark.

David Rieff is a New York-based journalist and the author of eight books, including “A Bed for the Night: Humanitarianism in Crisis.”

R2P RIP? Let’s Hope Not
by Kenneth Anderson  July 27th, 2009

The question in that frame is whether R2P is to be understood as a doctrine of UN collective security, in large part to address fundamental order in disordered places where the US security guarantee does not extend, in which case Darfur – and the failure effectively to intervene there – is the prototype.  Or instead whether it is a doctrine of the parallel US security guarantee, invoked to provide a basis for the US, with its NATO allies typically, with Kosovo as the prototype, to intervene when its peculiar combination of ideals and interests lead it to want to do so.