The global moral compact that will end atrocity crimes

RESPONSIBILITY TO PROTECT (R2P) A new international security and human rights norm to address the international community·s failure to prevent and stop genocides, war crimes, ethnic cleansing and crimes against humanity.

INTERNATIONAL COMMISSION ON INTERVENTION AND STATE SOVEREIGNTY
€ massive €

violations of humanitarian norms sovereign rights of nation states

(2001 Report)
€ Inherent

in the concept of sovereignty is a state's responsibility to protect its populations; and a population is suffering serious harm, and the state in question is unwilling or unable to halt or avert it, the responsibility to protect those people lies in the international community.

€ If

€ Responsibility € Responsibility € Responsibility

to prevent to react to rebuild

Sovereignty refers to the rights that states enjoy to territorial integrity, political independence and non-intervention. Human rights refer to the idea the individuals ought to enjoy certain fundamentals freedoms by virtue of their humanity.

The tension is evident in the UN charter itself. When it came to designing the postwar order, the horrors of the WWII produced a contradictory response from world leaders. Three concerns pulled them in different directions.

First, there was a strong impetus for the outlawing of war as an instrument of policy. Second, was the emergency of the idea that peoples had a right to govern themselves. The third concern was in large part a reaction to the Holocaust and the humanity could sink persuaded the UN Charter·s authors that aspiration for human rights had to be placed at the heart of the new order.

There are good reasons for thinking that this tension goes to the very heart of international order, not at least because those who argue against collective action aimed at reaffirming faith in fundamental human rights invoke sovereignty to support their case.

This sees sovereignty as a barrier to collective measures to protect fundamental human rights implies that sovereigns are entitled to act however they please within their own jurisdictions.

For German absolutists, sovereignty implied not just the absence of a superior authority but also competence to the full reach of its material power. ¶to say a person is sovereign means not merely to say that he does not recognize any authority above his own, but that he may issue orders at at his own discretion.

Historically, however, the vision of sovereignty has tended not to win support from the society of states.

It relates to the relationship between sovereignty and non-intervention. The belief that sovereignty and human rights are fundamentally opposed to each other is based on the view that the principal duty owed to sovereign is non-intervention.

Human rights challenge sovereignty when they are used as a vehicle for outsiders to interfere in the sovereign·s domestic affairs. According to Hedley Bull, the intervention is generally considered wrong because ¶sovereign states or independent political communities are thought to have a right to have their spheres of jurisdiction respected, and dictatorial interference abridges that right.

Barry Buzan recently defined nonintervention ¶corollary of sovereignty·. Given that sovereignty goes back some four hundred years, it is fair to say that, for the bulk of it·s history, sovereignty was not accompanied by a right to nonintervention. Logically, therefore, one can ha e sovereignty without a rule of nonintervention.

These four concerns suggest that it is wrong to think that collective measures to protect fundamental human rights ¶strike at the very essence of sovereignty·.

Traditional sovereignty Nations have a right to determine their own form of government. Sovereignty entails responsibilities and that a government·s failure to fulfill those responsibilities might legitimize, indeed require, external interference in that sovereign·s affairs.

enable nations to enjoy a ¶common life· and should be free to determine their own form of culture and system of governance. €Predicted on human rights
€States

welcome the view that states are obliged to conduct their IR with due respect to the legal rules. €Draws an individual line from individual human rights to sovereign rights. €¶pluralism·
€Advocates

to protect the weak from the strong and to prevent the re-emergence of colonialism. €International order can only be achieved by rigid adherence to the rule of intervention.
€Necessary

1.

Requires a presumption against intervention by placing a high threshold on when outsiders are entitled to intervene to ameliorate human suffering against the wishes of the host government.

2. Any intervention should be properly authorized by the UN Security Council.

¶All people have the right to self determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.·

€ Sovereignty

as responsibility rest on two foundations: ƒ Individuals have inalienable human rights. ƒ Government·s Responsibility to protect all citizens of the state.

€ Fail

to protect the rights of the citizens or Fail in sovereign responsibilities.

€ Francis

Deng and Cohen

sovereignty as responsibility € Primary responsibility for protecting and assisting. € The corollary of sovereign as responsibility is accountability
€ Proposed

€ Troubled

states faced a choice: ƒ To work with international organizations and other interested outsiders ƒ Obstruct international efforts and forfeit their sovereign

€ ·if

governments failed to meet their obligations, they risked undermining their legitimacy.

€ Blair € Two

sets of responsibilities: ƒ Enlightened self-interest created international responsibilities for dealing Egregious human suffering. ƒ Sovereigns had responsibilities to the society of states.

€ Blair

Proposed 5 test to ascertain legitimacy of intervention ƒ Are we sure of our case? ƒ Have we exhausted all diplomatic options? ƒ Are there sensible and prudent military options? ƒ Are we prepared for the long-term? ƒ Are there national interests involve? 

Prevention of deadly conflict fundamental goals of UN.

is one of the 

´saving future generationsµ from the ´scourge of war.µ Dag Hamamrskjold - The UN primary goal was to prevent and resolve conflicts.  

Carnegie Commission of Preventing Deadly Conflict 
Prevention

would cost less than half the price of intervention and rebuilding. 

Regional organizations have developed their own mechanisms for preventing armed conflict. 
AU·

s Continental Early Warning System, OSCE and EU·s Conflict Prevention Assessment Missions. 

Office of the Research and Collection of Information (ORCI). Perez Cuellar. 1992 Boutros-Ghali ´Agenda Interdepartmental Working Group. for Peaceµ  

2001 ´Prevention of armed conflictµ Kofi Annan 
Encouraged a ´culture of preventionµ 

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

Culture of Prevention should be based on 10 principles. 
Preventive

action should be initiated at the earliest possible stage of a conflict cycle. 

Security Council Resolution 1366 (August 30, 2001) 
Creation

of central fund for the provision of conflict prevention training UN staff««promising to employ all appropriate means to prevent violent conflict. 

High-Level Panel (HLP) prevention of mass atrocities, prevention of armed conflict and humanitarian atrocities. HLP overlooked the recommendation of ICISS. Root cause prevention with economic development.   

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

responsibility to prevent genocide and mass atrocities. measures might enhance the capabilities of regional and international organizations to prevent genocide, mass killing. resources, which might enable it to play an important role in early warning. 

Bilateral 

Greater 

Interference

in sovereign affairs would be limited to grave emergencies such as genocide. 

NAM to maintain an effective instrument for preventing conflict should take into account the need for states to respect international law and the importance of sustainable development.

Early Warning Components (According to James Sutterlin): 1. Access to information 2. Analysis capabilities 3. A communication channel to decision makers capable of authorising effective measures.

3 types of Early Warning Systems: 1. Focusing on political crises
ƒ

Monthly survey of country-by-country analyses, identifying countries at risk and conflict trends (Crisis Watch Programme).

2. 3.

Predict impending humanitarian crises Provide early warning of natural disasters
ƒ

HEWS provides advance warning of natural phenomena like droughts, storms, floods, earthquakes, volcano eruptions which are likely to cause humanitarian crises.

€ Gives

the Secretary- General a responsibility to alert the Security Council to situations which may endanger international peace and security.

€ Typically

refers to the Secretary-General·s efforts to broker agreements between conflicting parties. € ´Agenda for Peaceµ describing it as a range of measures designated to ¶create confidence· between potential belligerents. € Used traditional instruments such as mediation, conciliation, and the provision of good offices and more intrusive measures such as ´preventive deployments and demilitarized zonesµ.

1. 2.
ƒ ƒ ƒ

Changing the department·s recruitment and work ethos. Creation of Mediation Unit in 2006
Will act as the repository of best practice and of the lessons learned on peacemaking. Will recruit and maintain lists of experienced envoys. Will conduct training for envoys and mediators to disseminate best practice.

3.

UN Peacemaker Programme ² a website to provide practical guidance to envoys and mediators.
ƒ

Designed to be a repository of information on best practice and lessons learned for those engaged in preventive diplomacy and conflict management.

1.

2.

3.

4.

Collecting information on massive and systematic violations of human rights which, if not prevented or halted, might lead to genocide. Acting as an early warning mechanism for the Secretary-General Making recommendations on actions for the prevention of genocide Liaising with the UN system on measures to prevent genocide.

Plan for Preventing Genocide € ´prevention of armed conflict in general ² because war usually provides the context for genocide; protection of civilians; ending of impunity through international criminal proceedings; early warning; and swift and decisive responses, including the use of force as the last resortµ Early Warning indicators € Existence of groups at risk € Violation of human rights € History of genocide

€ 3rd

strategy € The world could strengthen its capacity to prevent the commission of genocide and mass atrocities. € It measures designed to end impunity through international criminal law or human rights diplomacy.

the international criminal law. € ¶hybrid· courtrs organised by national suthorities. € Overseen by the international community offers a judicial deterrent to mass atrocities.
€ Developed

€ First
ƒ

group/¶Like-minded· group

ƒ ƒ

Over 60 states: Canada, EU except France, New Zealand, Argentina, South Korea, and South Africa Advocated a strong and independent court Invested with authority to launch investigations

€ Second
ƒ ƒ ƒ ƒ

group

Comprised the permanent members of the Security Council except the UK Insisted that the ICC should be controlled by the council. In the end, Russia and France were satisfied enough the Rome Statute to vote for it. US and China voted against.

€ Third
ƒ ƒ

group

US had at least one foot, were obstructionists and included Libya, Iran and Iraq. 120 states voted in favor of the final statute and only seven states voted against. (US, Israel, China, Iran, Iraq, Libya, and unknown state)

€ First:
ƒ

ƒ ƒ

The Security Council established ad hoc tribunals to prosecute the perpetrators of grave crimes in Bosnia and Rwanda. Reluctant to provide the tribunals with the resources. Concerned about criminal proceedings that would make it harder for interceptors to broker political settlements.

€ Second:
ƒ ƒ ƒ

The effort to end impunity involves diplomatic rather than judicial tools. To provide early warning and preventive action by monitoring human rights by promotion, collective measures to assist states to protect the rights of their citizens.

disbanding of the humiliated it. € Replaced it by the Human Rights Council. -it has the potential to offer a new avenue for the international community to keep watching over human rights -to take early consensual measures to prevent the abuse of human rights developing into the commission of mass atrocities.

€ The

€ After
ƒ

the Nuremberg and Tokyo trials at the end of WWII, the ILC established by UN.
With setting the groundwork for a global war crimes court.

€ 4th

strategy € Operationalizing the responsibility to prevent = deployment of preventive peace operations.

to build confidence between potential belligerents € To monitor human rights € To prevent the outbreak of violence
€ Intended

€ First

raised in the Palme report (1982) on measures for addressing international security problems.
ƒ

The idea of preventive deployments was set out by Boutros-Ghali in ¶Agenda for peace· and James Sutterlin.

€ The

Secretary-General was reportedly sceptical at the outset, but was turned around by the force of Suttelin·s case and by other key figures such as Bertrand Ramcharan.

€ The

only dedicated preventive peace operation was the UN·s Preventive Deployment in Macedonia (UNPREDEP), through the EU·s 2 missions in support of MONUC in the DRC had important preventive components. € Although, each has motivated its own form of controversy, the general concept of preventive UN peacekeeping has proven relatively uncontroversial.

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