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Establishing a “Culture of Remembrance and Non-Recurrence”:

Regional Approaches to Genocide Prevention

Exterior of S-21 Prison in Phnom Penh, Cambodia

Exterior of S-21 Prison in Phnom Penh, Cambodia

By MICHELLE EBERHARD

Genocide prevention requires a transnational commitment of states willing to collaborate and work together to recognize threats and identify means by which potential conflict can be avoided. In a similar way, reducing the risk of genocide necessitates a consistent sharing of ideas so that methods for prevention can be continually improved. One manner in which this dedication and cooperation is demonstrated is the Regional Forum on the Prevention of Genocide, co-organized by the governments of Argentina, Cambodia, Switzerland, and Tanzania. The Forum, which was first held in Argentina in 2008, has continued to meet annually since 2010 and brings together scholars, diplomats, and activists to discuss emerging ideas in the realm of genocide prevention. In addition, the journal Politorbis issued a 2009 publication on genocide prevention that addresses many of the topics covered in the Forums.

The 2013 Regional Forum took place in Phnom Penh on February 28 and March 1, 2013, and included over 20 distinguished speakers from around the world. The discussion was opened by Mr. Federico Villegas Beltrán, Director General for Human Rights, Ministry of Foreign Affairs, and International Trade and Worship in Argentina; Ambassador Dr. Christoph Burgener of Switzerland; Ambassador Liberata Mulamula of Tanzania; and Deputy Prime Minister and Minister in charge of the Office of the Council of Ministers of Cambodia, His Excellency Dr. Sok An. Dr. An began by reminding the audience of the importance of genocide prevention in his own country, stating that “for Cambodia, the issue is not an abstract or theoretical one, but one that brutally and directly affected us, and still does today.” Dr. An also cited the importance of seeking justice for and remembering the victims, “to make sure such a tragedy will never recur,” emphasizing that “we regard remembrance of the past and of the victims as an essential prerequisite to non-recurrence.”

The Forum itself was comprised of five separate panels, the first of which was titled “What is genocide and how to prevent it?” During this segment, panelists discussed the definition of genocide and offered ideas on how to improve capacities to respond to early warning signs of violence. In particular, His Excellency Ouch Borith, Secretary of State, Ministry of Foreign Affairs and International Cooperation of Cambodia, mentioned that “the narrow or shallow perception of genocide may lead to failure in preventing genocide from its budding stage,” referring to the oversimplified belief that genocide only entails the killing of individuals, when in fact the Genocide Convention enumerates five criteria for the commission of the crime. Borith also stated that there are “still a lot of controversies and difficulties in quantifying the scope of violence to be labeled as genocide,” and cited the need for greater preventive capacity, particularly at the national level in regards to education, and social and religious institutions.

This panel also featured Adama Dieng, United Nations Special Adviser for the Prevention of Genocide, and Alex Bellamy, Professor of International Security at Griffith Asia Institute in Australia. Dieng reiterated the importance of understanding the “root causes and dynamics” of genocide, and highlighted the important role that civil society has begun to play in making prevention and the concept of the Responsibility to Protect (R2P) stronger.  Bellamy also outlined six specific points that would assist East Asia in its efforts to prevent genocide, including the development of what he calls an “atrocity prevention lens,” which “focuses on injecting atrocity prevention considerations into existing policies, programs, and capabilities and, when necessary, convening or coordinating these assets for prevention purposes,” as well as the creation of regional capacity for early warning and assessment through a collaborative effort between the Association of Southeast Asian Nations (ASEAN) Secretariat, the ASEAN Institute of Peace and Reconciliation, and other relevant organizations.

The second panel, “Asian Experience and Visions for the Future,” included His Excellency Khuon Sudary, Second Vice-President of the National Assembly of Cambodia, and The Honorable Gareth Evans, Chancellor of Australian National University and Co-Chair of the Global Centre for the Responsibility to Protect. Sudary emphasized the importance of the Extraordinary Chambers in the Courts of Cambodia (ECCC) in seeking justice for the victims of the genocide. He also underscored the role of education, particularly in regards to learning about the Khmer Rouge, noting that “young people need to grasp the value of human rights and learn to use them effectively in order to prevent genocide in the future.”

Evans, who was a primary contributor in the creation of R2P at the International Commission on Intervention and State Sovereignty (ICISS) in 2001, discussed the development of a Brazilian proposal called Responsibility While Protecting (RWP). This supplemental protocol to R2P is comprised of “two key elements: a set of agreed criteria to be taken into account before the UNSC mandates any use of force…and a monitoring-and-review mechanism to ensure that the scope and limits of such mandates continue to be debated by the Council during the implementation phase.” Evans also reiterated the imperativeness of developing “effective capability to initiate action and mobilize political will,” by creating “focal points” that have “direct access to high-level decision makers,” as well as enhancing “broad-based civilian response capabilities” and “[ensuring] that effective military capability is available to meet needs as they arise.”

Later in the evening, the third panel, titled “Africa, Latin America and Europe – Experiences, Lessons Learned and Ways Forward,” was held. Nathan Byamukama, Program Officer of the International Conference of the Great Lakes Region (ICGLR) Committee on the Prevention of Genocide, spoke first.  He discussed some of the responsibilities of the ICGLR, including collecting and analyzing information to identify situations that might develop into genocide, recommending measures to safeguard victims, monitoring Disarmament, Demobilization, Repatriation, Reintegration and Resettlement (DDRRR) programs, and cooperating with civil society. Byamukama also cited several challenges that the ICGLR faces, like the politicization of the Committee and a funding deficit, but noted that it will continue to garner support from member states so as to strengthen its initiatives.

Byamukama was followed by Daniel Feierstein, Director of the Centre for Genocide Studies in Argentina. First, Feierstein turned the concept of prevention on its head, stating, “I would suggest to change the perspective from what the super-powers should do to prevent genocide (the interventionist approach) to what they should not do: how to establish a system of controls to prevent such powers from acting in ways that increase the possibility of genocidal events through direct intervention, arms trade, support for destabilization or coups d’état, and so on.” Secondly, he noted the important role of regional mechanisms in preventing genocide, providing the example of the Union of South American Nations (UNASUR), which is comprised of 12 Latin American nations and is charged with helping countries in the region mitigate conflicts.  Since its inception in 2008, UNASUR has assisted in Bolivia, Honduras, and Ecuador, as well as in the conflict between Colombia and Venezuela in 2010.

The second day of the conference opened with the fourth panel, “Preventing Genocide: Role and Responsibilities of State and International Actors and Ways Forward,” which featured David Scheffer, UN Secretary General Special Expert on United Nations Assistance to the Khmer Rouge Trials. Scheffer emphasized the role of the ECCC as a deterrence mechanism, noting that it “is critical to breaking the cycles of impunity and putting down at least a caution sign for political and military leaders who might contemplate human rights abuses or atrocity crimes to achieve political and strategic aims.”

In the fifth and final panel, “Preventing Genocide: Role and Responsibilities of Non-State Actors and Ways Forward,” Youk Chhang, Executive Director of the Documentation Centre of Cambodia (DC-Cam), discussed the role of civil society in the prevention of genocide. He explained the work of DC-Cam, which seeks “to establish a permanent presence and to play a leading role in this transformative effort” of policy change in post-conflict states. Chhang also stated that DC-Cam “has begun to build a permanent center to expand our work and ensure a long-term commitment to human rights and genocide prevention in Cambodia,” an initiative that centers on the belief that “genocide education is a key to liberating the victims of Khmer Rouge terror and transforming them into leaders in the global quest for human rights and dignity.” To increase genocide awareness, as well as the scope of the institution’s work, DC-Cam will also “promote memory and justice” by “[digitizing its] extensive archives and [making] them available to viewers at home and overseas.”

Given the variety of topics covered, as well as the global character of the dozens of panelists and speakers that offered remarks during the conference, the Regional Forum on the Prevention of Genocide exemplifies a collaborative approach to educating on the past so as to avoid the commission of mass atrocities in the future. By meeting on an annual basis, the four member states that comprise the Forum also reaffirm their commitment to what many speakers emphasized in their presentations – that is, the desire to create “a culture of remembrance and non-recurrence” that recognizes the importance of preventing genocide everywhere.

Photo: tuolsleng.com

Responsibility to Implement:
Considering Civil Society’s Knowledge and Use of R2P

DPI-NGO

By MICHELLE EBERHARD

In 2001, the Canadian-based International Commission on Intervention and State Sovereignty (ICISS) produced a report called The Responsibility to Protect (now often abbreviated as “R2P”). The concept of R2P — as endorsed, in modified form, by the United Nations World Summit in 2005 — centers on the belief that while each state “carries the primary responsibility for the protection of populations from genocide, war crimes, crimes against humanity and ethnic cleansing,” the international community also has a “responsibility to assist” states in achieving this objective. Emphasizing the contingency of state sovereignty and non-interference in a state’s internal affairs, R2P has challenged previously held norms of humanitarian intervention and persuaded the community of nations to reexamine its approach to future crises that threaten to destabilize countries around the world.

The real test of R2P’s effectiveness, however, remains its ability to be implemented in situations that fit the criteria for its application.  Much of this responsibility lies with civil society and member states, which are tasked with identifying crises for which invoking R2P might be an appropriate response to conflict. The challenge in doing so is to apply R2P in a consistent manner, as the legitimacy and continued relevance of a developing norm is greatly tied to the international community’s perceptions of its use.   As such, it is important that the international community also understand precisely what R2P is intended to be used for.

One way to achieve this is by continuing to educate both NGOs and other members of civil society about R2P, as well as clarifying elements of R2P that have been misconstrued or incorrectly perpetuated. In order to facilitate this, the United Nations’ Department of Public Information-Non-Governmental Organizations (DPI-NGO) held a briefing entitled “Implementing the Responsibility to Protect: The Role of Civil Society and Member States” on March 14 at the International Social Justice Commission Salvation Army. Moderated by Gail Bindley-Taylor, United Nations Information Officer at the UN Secretariat, the presentation included remarks from Gillian Kitley, Senior Officer in the UN Office on Genocide Prevention and the Responsibility to Protect; Sapna Considine, Deputy Director of the International Coalition for the Responsibility to Protect; and Naomi Kikoler, Director of Policy and Advocacy at the Global Centre for the Responsibility to Protect.

Following a brief overview of how conflicts in the 1990s, including the Rwandan genocide in 1994 and the genocide in Srebrenica in 1995, prompted the international community to develop a new approach to state sovereignty as embodied in R2P, Bindley-Taylor turned the floor over to Kitley, who spoke about some of the contemporary aspects of R2P. In particular, Kitley noted a few of the recent advances in its implementation, including an increase in research being done on the topic, as well as the growing number of national focal points within member states. In addition, she cited that R2P, which “is now firmly on the international agenda,” has also “become part of [the] diplomatic language” of governments, international organizations, and commissions.

In regards to the UN’s invocation of R2P, Kitley commented on how the United Nations Security Council (UNSC) has gone through long periods of both use and non-use of the document. In doing so, she also highlighted concerns over the controversial use of R2P in Libya, as the outcome of this crisis left many international actors wondering  if the goal of R2P was “regime change rather than [being] purely aimed at civilian protection.” Stating that this lack of understanding indicated the necessity of developing guidelines for use of force by the UNSC, Kitley reinforced that coercive measures under R2P are rare, and that she thus “[considers] the concerns of member states to be unnecessary.” Instead, she offered the “actual willingness of states and the international community” to promote R2P as being the primary obstacle to its effectiveness.

The second speaker, Considine, centered her commentary on the role of civil society organizations, stating that “R2P is a vital new tool for civil society to hold governments responsible” when they fail to protect their citizens.  Considine divided her talk into two sections, the first of which addressed how the “existing work [of NGOs] already contributes” to the work of R2P.  Here, she noted eight specific examples:

  1. Monitoring and documenting crimes, including identifying indicators of mass atrocities
  2. Sharing early-warning information and assessments with other monitoring mechanisms
  3. Facilitating mediation, negotiation, and dispute resolution
  4. Assisting in the training of civilian protection personnel, including helping civilians to recognize indicators of mass atrocities
  5. Helping with recovery and post-trauma
  6. Supporting and enhancing regional and national justice systems
  7. Advocating for stronger resolutions through adopting legislation and strengthening domestic policies
  8. Supporting local communities in building capacities to recognize threats

In the second section, Considine discussed how NGOs might do more, and focused on four areas of improvement: building understanding of R2P, so as to clarify misconceptions and promote knowledge of the document; “[advocating] for increased norm support for R2P;” strengthening an R2P constituency; and continuing to advance research and policy development initiatives.

Kikoler, the last panelist, focused on what R2P means for the people on the ground, stating that its main purpose is to “strengthen the architecture of prevention.” She began with a personal anecdote of the time she spent in Rwanda following the 1994 genocide, which she contrasted with her grandfather’s survival of Auschwitz during the Holocaust. “What on earth can ‘never again’ mean?” she asked, citing how 50 years after her grandfather’s ordeal, people in another part of the world still experienced the same horrors of genocide.  She answered her own question by simply stating that our task today is to ensure that “[never again] doesn’t continue to mean nothing.”

Specifically, Kikoler posited two challenges to “never again”: the consistency of response, which she exemplified by contrasting Libya and South Kordofan; and a “failure to prioritize prevention.”  Here, Kikoler focused in particular on the financial aspect, noting that it is less costly to prevent atrocities from occurring than to respond to a situation that has already turned to violence.  For example, she discussed the potential of using funds to prevent hate speech, promote education, combat incitement by the media, and assist early-warning groups in an effort to prevent rather than react to conflict. “What can it look like, and how much does that cost?” she asked.  Citing the 2013 elections in Kenya at the end of her presentation, Kikoler offered this instance as an example of how the international community “can develop some best practices . . . on how prevention can make a difference.”

As Kitley stated during the question-and-answer session, “We shouldn’t be looking only at imminent situations.” Indeed, if a conflict has escalated to the point of “imminence,” the opportunity for prevention has likely passed.  This is yet another example of the critical role of civil society and member states in the dissemination of information on R2P, as well as in assisting the effective implementation of its parameters.  While R2P remains imperfect and will likely require continual advancements in both its understanding and use, Kikoler said it best when she ended the conference by stating that “it is better to try to do something than to dismiss R2P in general.”

Image: ulcm.org

Searching for Solutions in Syria:

Questions Concerning the Application of R2P

By MICHELLE EBERHARD

One of the most troubling crises in our world today is the conflict in Syria, where the United Nations estimates that 70,000 civilians have been killed and millions more people are displaced and in need of humanitarian assistance. The unrest, which began in the spring of 2011 with public uprising against Syrian president Bashar al-Assad’s repressive governance tactics, quickly escalated into violence from both sides when the military started opening fire on groups of demonstrators, who subsequently formed an opposition government comprised of several rebel factions. The Syrian government pushed the envelope even further when it was discovered in November of last year that its troops were mixing chemicals necessary for carrying out a campaign of chemical warfare. While a potential catastrophe was likely avoided due to immediate condemnation from the United States and the rest of the international community, the fact remains that Syria has the capacity to use these weapons at a later time. More important, despite various efforts to end the conflict, neither Syria’s opposition forces — which have also been shown to be committing crimes against humanity — nor the United Nations has been able to stop President Assad’s murderous attack on civilians, which has resulted in continued destruction of life.

The world community acknowledges that the crimes and atrocities being perpetuated in Syria must end. However, the means by which such an outcome might be achieved remain a topic of debate. In an effort to facilitate discussion around this dilemma, the Peace Islands Institute’s Center for Global Affairs and the Istanbul-based Journalists and Writers Foundation collaborated to host an event on February 28 titled Responsibility to Protect: Implications to the Crises in Syria and Other Nations.”

The program included brief remarks from moderator Roy S. Lee, the permanent observer for the Asian-African Legal Consultative Organization to the United Nations and adjunct professor at Columbia University Law School, as well as presentations from Ambassador Herman Schaper, Permanent Representative of the Netherlands to the United Nations in New York, and Michael Doyle, the Harold Brown Professor of International Affairs, Law and Political Science at Columbia University.

Lee opened the program by addressing the dire circumstances in Syria. Specifically, he referenced nations’ attempts to persuade the United Nations Security Council (UNSC) to refer Syria’s case to the International Criminal Court (ICC), as well as the UNSC’s rejection of a draft resolution that would have “come close to Chapter VII actions.” He also highlighted Syria’s recent mobilization of chemical weapons and cited growing concerns among human rights groups that “the time to act is already overdue,” meaning that the next step is to invoke the Responsibility to Protect (R2P). Finally, he noted the United States’ announcement earlier that day that it would be pledging $60 million to assist opposition parties in Syria.

Following Lee’s introduction, Ambassador Schaper began by contrasting the action taken in Libya and the inaction in Syria with respect to the norm of R2P, highlighting how R2P itself was created with the intention of acting as a bridge between moral responsibility and legal obligations. In particular, Schaper referenced paragraphs 138 and 139 of the 2005 World Summit Outcome Document, which appear under the heading of “responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity,” and assert that while primary responsibility to protect lies with states themselves, the international community also has the duty to take collective action through the UNSC if states “manifestly fail” to uphold this responsibility. As such, Schaper called R2P an emerging norm that represents a “fundamental shift in the doctrine of sovereignty” and reflects “growing acceptance [of the belief that] a state is at the service of its citizens,” and not the other way around. In a similar way, he explained, “whether to act instead became an issue of how and when to act.”

Referring to recent successes of R2P in places like Guinea-Bissau, Kenya, and Libya, Schaper affirmed that “Syria is clearly an R2P situation” due to the crimes there, as well as the “clarity that the government of Syria is manifestly failing in its responsibility to protect.” He continually supported the use of R2P, given its validity, which lies in its “necessary legal basis through resolutions of the Security Council,” and suggested that the only viable option for Syria is to “go for a unified international approach to find a solution through a political tract.”

Professor Doyle expressed similar views, calling R2P “special” and “a landmark development in the international norm of human security.” Doyle’s subsequent remarks centered on what he termed the simultaneous license and leash offered by R2P. The license, he argued, is the capacity to “go beyond standard legal provisions seen in the UN Charter,” so as to invoke the “use of residual pressure” in crises like Syria. In contrast, the leash is represented by a restriction on the use of force to cover only four crimes (genocide, war crimes, ethnic cleansing, crimes against humanity), as well as on the authority for making such a determination – that is, a resolution issued by the UNSC.

After providing a quick overview of international law in relation to Chapter VII of the UN Charter, Doyle moved to the topic of legitimacy, and the question concerning when force could be used without UNSC approval. This discussion, he stated, was the impetus for the creation of the Canadian-led International Commission on Intervention and State Sovereignty (ICISS), which produced R2P in 2001 and presented it at the 2005 UN World Summit. In essence, by successfully narrowing down triggers for the use of force, R2P was viewed as something “that was within the purview of the Security Council,” and reflected both a license – the affirmation that the Security Council can, indeed, protect individuals – and a leash – that this exclusive authority is attached only to the UNSC.

In practice, Doyle cited the same examples mentioned by Schaper, and added a few words on the implications of R2P’s use in Libya and, so far, non-use in Syria, stating that some countries might now be feeling “buyer’s remorse.” Given that the crisis in Libya resulted in the death of Muammar Gaddafi and a subsequent regime change, Doyle commented on countries’ fears that R2P might be used in the future for purposes it was not initially intended to address. Nonetheless, Doyle strongly supported the positive potential offered by use of R2P in Syria, and offered two suggestions for action. First, he indicated the need for another conversation to take place on the circumstances under which R2P should be used. Second, Doyle said the UNSC should set up a subcommittee to monitor the implementation of R2P, upon its being authorized. The alternative, he surmised, would be a continued stalemate in Syria.

One of the most important concerns raised in the question-and-answer session was how to measure what is a “reasonable chance of success” as justification for military force under R2P. Doyle responded by underlining how difficult it is to ever prove successful prevention, as “we won’t know that [crimes] haven’t taken place” and thus cannot produce tangible evidence to support such claims. However, he did emphasize that the most essential component is the responsibility to rebuild – to help a people reestablish their own state – because “it would be a sad commentary on R2P if it was only [used for] military purposes.” Doyle concluded with perhaps an even better remark on “reasonable chance” criteria, insisting that success should truly be measured by whether or not it was acceptable to and accepted by those it hoped to – and hopefully did – protect.

Photo: Michelle Eberhard

By MARISSA GOLDFADEN

Last week, Alex Bellamy, who writes regularly on issues of responsibility to protect, authored a blog post (on a relatively new blog, Protection Gateway) entitled, Stopping genocide and mass atrocities–the problem of regime change. He opens by positing the question, “Should international action to protect people from genocide and mass atrocities ever result in regime change?” before laying out five potential checks to guard against governments justifying armed intervention to pursue their own self interests via regime change “whilst recognising  that regime change may sometimes be necessary to save lives.”:

  1. Intervention must have a mandate from the United Nations Security Council.
  2. States that champion intervention should be expected to demonstrate their humanitarian intent by acknowledging – through their words and deeds – a duty to prevent genocide and mass atrocities and respond in the most effective ways possible.
  3. The third test relates to the use of humanitarian justifications and their relationship to the known facts of the case. The simplest test of an actor’s intention is to compare what they say they are doing with what is known about the case.
  4. The calibration of means and ends. Would-be interveners should select strategies that enable them to prevail without undermining humanitarian outcomes.
  5. States that intervene in the affairs of others ought to recognise a duty to help the country rebuild its infrastructure, restore its autonomy, and re-establish its self-determination.

While much discussion, debate, and reporting currently focuses on the third pillar of R2P and conflates this with military intervention, the fact is that under R2P, the international community has three main responsibilities: the responsibility to prevent, the responsibility to react, and the responsibility to rebuild. In a sense, the fifth check is a reformulation of these responsibilities. Bellamy writes that interventions which satisfy these five conditions would assuredly be “pursued primarily with humanitarian intent” while also safeguarding that ” instances of protection induced regime change remain, as they have to date, rare and exceptional.”

Photo: uq.edu.au

By MARISSA GOLDFADEN

Attention, GenPrev fans! Next week is your lucky week if you live in New York, as there are five events related to GenPrev happening over three consecutive days.

First and foremost (from our point of view) is a talk titled “What Does It Mean to Prevent Genocide?” by Auschwitz Institute executive director Tibi Galis (pictured here), at 6:15 p.m., Tuesday, June 12, at the Carnegie Council for Ethics in International Affairs. Tibi’s talk will emphasize that, although increasingly conflated and confused, genocide prevention and humanitarian intervention are two different things. He will then enter into conversation with Kyle Matthews of the Will to Intervene project. To attend the event in person, register by sending an e-mail to cnl@cceia.org. Admission is $25. Otherwise you can watch the live webcast here.

Also on Tuesday, June 12, at 4:30 p.m, is a reception for civil society organizations engaged in the Responsibility to Protect, at the office of the International Coalition for the Responsibility to Protect (708 Third Avenue, 24th floor):

In preparation for the informal dialogue in the General Assembly on response measures available under the Third Pillar of the Responsibility to Protect, the International Coalition for the Responsibility to Protect (ICRtoP) invites you to attend an informal reception with civil society colleagues on the Responsibility to Protect. This reception is being held in cooperation with New York–based ICRtoP member, Global Action to Prevent War (GAPW).

The reception will feature a short talk by Mr. Hermann Hokou, legal scholar and activist from Côte d’Ivoire, who will discuss the election violence of 2010–11, how the conflict was handled by the international community and what we can learn in addressing other crises. Also in attendance will be NGO colleagues from Brazil, Belgium, Armenia, Nigeria, Venezuela, Romania and Canada, in town next week to share the experiences of their organizations, working to prevent genocide, war crimes, crimes against humanity and ethnic cleansing, as well as reflect on their efforts to entrench RtoP at the national and regional levels.

The third event on Tuesday, June 12, is a discussion on “Preventing War, Violence and Genocide: Critical New Approaches to Making Prevention Work,” at 1 p.m. at the Church Center for the United Nations (777 UN Plaza at 44th Street, 2nd floor). Guest speaker Kai Brand-Jacobsen, director of the Department of Peace Operations at the Peace Action Training and Research Institute of Romania, will address the following:

War, armed violence, genocide and mass atrocity have devastating impacts – costing the lives of hundreds of thousands of civilians every year, destroying economic and human development and security, and devastating lives and societies. Yet major steps have been taken to advance the prevention of violence and armed conflict. This talk will review critical breakthroughs and practical experiences in the prevention of war, violence and genocide. Combining on the ground experience and practical evidence with critical breakthroughs in peacebuilding and prevention, this event will challenge and inspire policy makers, practitioners, diplomats, politicians, analysts, experts and all participants, and look practically at how to make prevention work.

Finally, on Monday, June 11, and Wednesday, June 13, the Friedrich Ebert Stiftung will be presenting Global Civil Society Perspectives on the Responsibility to Protect:

FES New York supports a series of meetings organized by Global Action to Prevent War (GAPW) and its partners from civil society organizations from various continents on the emerging norm of the “Responsibility to Protect.” The discussions on June 11 will address how various UN Mandates can contribute to prevention, and reflect on balanced and robust responses to the threat of mass atrocities. On June 13, special attention will be given to the proposal for a United Nations Emergency Peace Service (UNEPS).

We hope you can make some or all of these events. If not, be sure to stay tuned for recaps.

By MARISSA GOLDFADEN

The Oxford Institute for Ethics, Law and Armed Conflict recently published a policy brief titled “Operationalizing the Responsibility to Prevent.” What sets this paper apart from others of its ilk is the fact that it directly addresses the prevention aspects of R2P. Most importantly, the authors use what they refer to as a “crimes” approach to prevention. Within this framework exist three distinct dimensions involved in the commission of an atrocity crime: a perpetrator, a victim, and a permissive environment or situation. However, it is cautioned that one not be too rigid when labeling perpetrators and victims, as these identities can become fluid within a conflict situation.

The authors of the brief assert that, “Of the four R2P crimes . . . the legal category of crimes against humanity represents the best characterization of what the principle of R2P was designed to halt or address. [. . .] Research shows that crimes against humanity do not occur randomly, but often reflect a complex interaction of different actors over a long period of time.” The three stages during which conditions escalate to the level of mass atrocity crimes are 1) risk factors, 2) crisis & mobilization, and 3) imminent emergency. Systemic strategies, which are applied to the first stage, “seek to mitigate risk factors and build resilience in a broader group of states, which exhibit some of the so-called root causes of mass atrocity crimes.” In contrast, targeted strategies, which are necessitated by the second and third stages, “are designed to change either the incentives or situation of those contemplating or planning mass atrocity crimes, as well as the vulnerability of potential victims; they seek to shift the consequences of a potential course of action in a particular context.” (See page 9 for a table of targeted prevention tools.)

Lastly, when discussing mass atrocity prevention and the prevention of armed conflict, the paper makes two points: First, R2P crimes often occur in the context of violent conflict and second, “root causes” of genocide are similar to root causes of conflict. Yet it cannot be assumed that endeavoring to prevent, or even bring about an end to, conflict will necessarily reduce the potentiality of mass atrocity crimes. This is because

  1. While a large majority of mass killings since 1945 occurred within the context of armed conflict, at least a third of the cases did not.
  2. Some instances of mass atrocities occur under the “cover” of armed conflict, but are not directly linked to either the causes of that conflict or the conduct of the war itself.
  3. While strategies to prevent or resolve conflict tend to be aimed at eliminating or avoiding violence and the use of force, the prevention of mass atrocities—particularly at a late or imminent stage—may require military means.
  4. Armed conflict is regulated but not forbidden by international law, whereas mass atrocities are outlawed as crimes.

As such, it remains necessary to justify the need to act preventively and build generic capacity for prevention.

Image: migs.concordia.ca

In advance of a workshop on Operationalizing the Responsibility to Protect: Building Trust and Capacities for the Third Pillar Approach, to be held April 26 at the Global Governance Institute in Belgium, the organizers put out a call for papers in January. The papers will address two areas: enhancing the legitimacy and consistency of the third pillar* approach, and improving the effectiveness of R2P’s civilian and military tools.

Per the policy brief, “The workshop is not concerned with the conceptual nature of the pillar itself, but rather on the range of peaceful and military measures and tools—such as economic sanctions, preventive diplomacy and mediation, fact-finding missions and, as a last resort, military interventions such as the implementation of no-fly zones and civilian missions—used for implementation.” Policy recommendations discussed at/born of the workshop will be contributed to the United Nations General Assembly informal interactive dialogue on the third pillar of R2P this summer.

NATO’s UN-approved mission in Libya has raised a number of concerns in regards to the actual carrying out of R2P. As noted above, intervention wasn’t solely intended to be of a military nature. The Libyan case therefore brings up questions of timeliness, legitimacy, proportionality, and effectiveness of this particular brand of action. Moreover, a greater emphasis on prevention would mitigate the need for intervention. Instead of reliance on the international community and the United Nations, regional actors such as the European Union and the African Union, should play bigger roles in responding to all stages of crises that would ultimately necessitate the invocation of R2P. Other elements of the principle to be discussed at both the workshop and the UNGA dialogue include trust-building, consensus-building, collaboration, transparency, capacity-building, early-warning systems, training, and a long-term holistic approach to crisis situations.

* The third pillar of R2P focuses on the international community’s responsibility to take timely and decisive action to prevent and halt genocide, ethnic cleansing, war crimes, and crimes against humanity in those instances where a State is unable or unwilling to protect its own populations.

Image: tallbergfoundation.org

Last month, the Global Action to Prevent War network sponsored an event at the United Nations, Integrating Gender Perspectives into the Third Pillar of the Responsibility to Protect (RtoP). Within this context, they prepared a draft Background Concept Note on gender and RtoP to be utilized at policymaking workshops. In recent years, the UN has sought to address the problem of sexual violence committed against civilians in conflict zones but women are not a protected group under the UN Convention on the Prevention and Punishment of the Crime of Genocide. And while the term gendercide has gained more widespread use since its introduction in 1985, the fact remains that rape and sexual violence targeting females have long been tools of war and are often components of genocide itself. Though women can certainly be considered potential victims of mass violence, they also play an integral role in effecting stability and change. As such, the crux of the Background Concept Note lies in the following proposal:

1. At the international level, UN Member States should do more to highlight roles that women are already playing in the prevention of mass atrocities, and also do more to increase women’s direct participation in a wide range of peace and security initiatives, as set out in SCR 1325.

2. At the national level, RtoP strategic discussions relating to the general implementation of the norm should highlight the significance of women’s contributions (as leaders in conflict prevention, as aids to survivors and ex-combatants, as national focal points for RtoP discussion and strategic planning, etc) in such implementation strategies.

3. Member States should be encouraged to include RtoP language in the development of their National Action Plans (NAPs) on 1325 to help highlight the roles that women can and are already playing in calling attention and responding to the threat of mass atrocities.

This framework complements the Women Under Siege project, which was also launched in February 2012. Per its mission statement, the project has two main components:

1. A public education plan to demonstrate that rape is a tool of war (not only a crime of war, but also a strategic tool). This plan includes testimony from and partnership with survivors of modern wars from Bosnia to Darfur.

2. An action plan to push for the creation of legal, diplomatic, and public interventions to ensure the United Nations, international tribunals, and other agencies with power will understand the gender-based threats as a tool of genocide and will design protocols to intervene and halt gender-based genocide.

As of late, Women Under Siege has been particularly focused on systematic sexualized violence in Guatemala and Burma, especially as perpetrated by military members in both countries.

Image: letyourvoicebeheard-tb.blogspot.com

The United Nations University Institute for Sustainability and Peace (UNU-ISP) is currently undertaking a project that examines the relationship between the Responsibility to Protect (R2P) and the Protection of Civilians (PoC) in armed conflict situations. UNU-ISP co-organized and participated in three academic–practitioner workshops in 2011, held in Manila, Kuala Lumpur and Jakarta. Through dialogue and discussion, critical feedback was gathered to refine the handbook for protection actors. The handbook was presented to the UN Secretariat in New York last month, and further disseminated to policymakers and officials of member states.

Having coined the phrase Protection of Civilians, the Fourth Geneva Convention has become its firm international legal establishment. According to Dr. Vesselin Popovski of the UNU-ISP, after the world failed to protect the civilian Kosovo Albanians “from ethnic cleansing in 1998-99 — followed by controversial unauthorized military intervention by NATO in March 1999, an International Commission on Intervention and State Sovereignty (ICISS) was formed.” It was through an ICISS debate on humanitarian intervention that R2P was ultimately formulated and “became a worldwide shared emerging norm in 2005 when almost 150 world leaders — the biggest ever gathering of Heads of State in history — adopted the document “World Summit Outcome.”

PoC and R2P are alike in that they are both concerned with civilian suffering and mass human-induced violence. In order for the R2P threshold to be met, atrocity crimes–genocide, war crimes, and crimes against humanity–must be planned and systematic. PoC, on the other hand, is only applicable in situations of armed conflict. Dr. Popovski writes,

To summarize: in many situations, the two circles of R2P and POC can overlap — for example, when war crimes against civilians or crimes against humanity (including ethnic cleansing and genocide) are committed during armed conflict. A situation that would fall under POC, but not R2P, is the protection of civilians threatened by escalating armed conflict if mass atrocities are not planned and committed. And a situation that would trigger R2P, but not POC, is a threat from mass atrocities planned outside an armed conflict.

Moreover, situations may start out otherwise but later metastasize into an armed conflict, thus raising demands for PoC. To further differentiate the two concepts, R2P is a matter for States only, but PoC can be obligatory for non-State actors. As mentioned above, R2P and PoC share similar humanitarian concerns, “yet their specificity is important. R2P…does not undermine; rather, it serves as a catalyst for action — it can mobilize political will and complement the PoC agenda.”

Photo: stimson.org

Tomorrow is International Human Rights Day, commemorating the 63rd anniversary of the Universal Declaration of Human Rights. Human rights organizations the world over are using the occasion to mobilize the international community to stop crimes against humanity in North Korea. Three months ago saw the launch of the International Coalition to Stop Crimes Against Humanity in North Korea (ICNK), whose goal is working toward the establishment of a United Nations Commission of Inquiry to address these issues.

According to Human Rights Watch, the North Korean dictatorship is guilty of “the widespread and systematic use of torture, arbitrary detention, abduction and public executions.” And in the last 16 years, more than four million North Koreans have died of starvation. Though the country has received billions of dollars in humanitarian aid, money and food alike are diverted to the military and the party elite. Political prison camps abound, in which, according to current Special Rapporteur on Human Rights in North Korea Marzuki Darusman, “as many as 250,000 political prisoners, one-third of whom are children, are at present being forced to perform slave labor on starvation rations and are subject to brutal beatings, systematic rape and torture, and execution at the whim of prison guards.”

Robert Park, writing in the Harvard International Review (HIR), believes the time has come, or is overdue, for the international community to invoke the Responsibility to Protect doctrine. Park also argues for increased financial support for North Korean refugees, many of whom send money to family and friends remaining in the country through illicit channels. In addition, he says South Korea must take decisive action, given that the South Korean constitution extends citizenship to all North Koreans, giving it leverage to exercise its right of diplomatic protection over defectors in China. To this end, Park calls on “the highest branches of South Korea’s government . . . to vouch more persistently and forcefully for the North Korean defectors on the grounds that these refugees are their nationals by law.” If these steps are not taken, says Park, North Korea will continue to bear witness to one of the most horrific genocides in modernity.

Photo: wilgpacific.org

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