Responsibility to Protect and Prevent

John Janzekovic, Daniel Silander

Description

Arguing that the responsibility to protect (R2P) ethos has been misunderstood and used ineffectively, this work defends its validity of and urges for a more practical understanding that moves beyond theory.

‘Responsibility to Protect and Prevent: Principles, Promises and Practicalities’ explores the evolution of responsibility to protect (R2P), a principle which – according to its supporters – has evolved into a new type of responsive norm for how the international community should react to serious and deliberate human rights violations. Arguing that the R2P ethos has been misunderstood and used ineffectively, this work defends the validity of R2P and urges for a more practical understanding that moves beyond theory.

The progression of R2P from an initial concept to formal ratification has been a very difficult one, with a great deal of disagreement over its validity as a substantive norm in international affairs. The key disagreement is not that protection or prevention are unimportant, but rather how the fine-sounding R2P principles are supposed to work in practice. This volume presents a number of important arguments that are directly related to the state vs. human security debate, with a critical analysis of the nexus between the protection verses prevention theses. Through the case study of the Libyan Crisis, Janzekovic and Silander offer an example of the R2P thesis in action, and support the claim that prevention should be more than an adjunct to protection.

List of Maps; List of Abbreviations; Chapter 1: Introduction;  Chapter 2: State versus Human Security: The Great Debate; Chapter 3: Responsibility: Protection and Prevention; Chapter 4: State Responsibility, Human Security and International Law;  Chapter 5: Promoting Democratic Norms for Protection and Prevention  Libya: Moving Principle into Action?; Chapter 7: Conclusion; Appendix I: S/RES/1970 United Nations Resolution 1970 on Africa (Including Annexes I–II); Appendix II: S/RES/1973 United Nations Resolution 1973 on the Situation in Libya (Excluding Annexes I–II); Notes; Bibliography; Index

Sujets

• International relations

Informations

• Publié par: Anthem Press
• Date de parution: 15 juillet 2013
• Nombre de lectures: 1
• EAN13: 9780857280787
• Langue: English
• Poids de l'ouvrage: 5 Mo

Extrait

Responsibility to Protect and PreventAnthem Studies in Peace, Confict and Development
The Anthem Studies in Peace, Confict and
Development series publishes high-quality and original
research in the areas of conflict analysis, conflict resolution,
humanitarianism, peacebuilding, and the complex relationships
between security and development. The series addresses academic and
professional audiences as it focuses on the causes and dynamics of
violent conflicts within and between societies and states, as well
as on policies and practices towards conflict management,
development and peacebuilding initiatives at
various levels.
Series Editor
Ashok Swain – Uppsala University, Sweden
Editorial Board
Imtiaz Ahmed – University of Dhaka, Bangladesh
Feargal Cochrane – University of Kent, UK
Nigel Eltringham – University of Sussex, UK
Hamdy Hassan – Cairo University, Egypt and Zayed University, Dubai
Caroline Hughes – Murdoch University, Australia
Gladys Lechini – National University of Rosario, Argentina
Joakim Öjendal – Gothenburg University, Sweden
Larry Swatuk – University of Waterloo, Canada
Neda A. Zawahri – Cleveland State University, USAResponsibility to Protect
and Prevent
Principles, Promises
and Practicalities
John Janzekovic and Daniel SilanderAnthem Press
An imprint of Wimbledon Publishing Company
www.anthempress.com
This edition first published in UK and USA 2013
by ANTHEM PRESS
75–76 Blackfriars Road, London SE1 8HA, UK
or PO Box 9779, London SW19 7ZG, UK
and
244 Madison Ave #116, New York, NY 10016, USA
Copyright © John Janzekovic and Daniel Silander 2013
The moral right of the authors has been asserted.
All rights reserved. Without limiting the rights under copyright reserved above,
no part of this publication may be reproduced, stored or introduced into
a retrieval system, or transmitted, in any form or by any means
(electronic, mechanical, photocopying, recording or otherwise),
without the prior written permission of both the copyright
owner and the above publisher of this book.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library.
Library of Congress Cataloging-in-Publication Data
Janzekovic, John.
Responsibility to protect and prevent : principles, promises and
practicalities / John Janzekovic and Daniel Silander.
pages cm
Includes bibliographical references and index.
ISBN-13: 978-0-85728-059-6 (hardcover : alk. paper)
ISBN-10: 0-85728-059-7 (hardcov
1. Responsibility to protect (International law) 2. Humanitarian
intervention. 3. Humanitarian intervention–Libya. 4.
Libya–History–Civil War, 2011– I. Silander, Daniel, 1972– II.
Title.
JZ6369.J258 2013
341.5’84–dc23
2013019628
ISBN-13: 978 0 85728 059 6 (Hbk)
ISBN-10: 0 85728 059 7 (Hbk)
This title is also available as an eBook.CONTENTS
List of Maps vii
List of Abbreviations ix
Chapter 1 Introduction 1
Protection and Prevention 3
Structure of the Text 4
Chapter 2 State versus Human Security:
The Great Debate 11
Security, Sovereignty and the State12
State and Human Security in Weak, Failing or Failed States 17
Human Security During and After the Rwandan Genocide
and the Balkan Wars 20
The Need for a Human-centric Approach37
Conclusion 43
Chapter 3Responsibility: Protection and Prevention 45
Responsibility to Protect (R2P) 46
Intervention and Protection 49
Developments in R2P 50
Intervention, Protection and the War in Kosovo 58
What is a Responsibility to Prevent (R2Prevent)? 65
Protection and Prevention: Where to Now? 71
Conclusion 73
Chapter 4State Responsibility, Human
Security and International Law 75
The Relevance of International Law to State Behaviour 76
International Humanitarian Laws: Progression and Promises 80
The International Law Commission and State Responsibility 83
Conclusion 87vi RESPONSIBILITY TO PROTECT AND PREvENT
Chapter 5 Promoting Democratic Norms for
Protection and Prevention 89
Emerging Democracy Norms 90
Democracy Promotion and Human Security 94
R2P through Democratic Norms: The Big Three 98
Popular representation 98
Peace 99
Prosperity 101
Conclusion 102
Chapter 6Case Study Libya: Moving Principle
into Action? 103
Libya, 2010–11: Revolution and Aftermath 104
The United Nations Security Council and the Application
of R2P in Libya 106
The Great Powers’ Response to the Crisis in Libya 109
Lessons Learned: R2P and the Libyan Crisis 117
Conclusion 121
Chapter 7Conclusion 123
Appendix I S/RES/1970 United Nations Resolution 1970
on Africa (Including Annexes I–II) 127
Appendix II S/RES/1973 United Nations Resolution 1973
on the Situation in Libya (Excluding Annexes I–II) 139
Notes 149
Bibliography 167
Index 185LIST OF MAPS
Map 2.1 Rwanda, Burundi and neighbouring states 22
Map 2.2 Kosovo and neighbouring states 25
Map 2.3 East Timor (Timor-Leste) and neighbouring states 29
Map 2.4 Africa 30
Map 2.5 Somalia and neighbouring states 34
Map 2.6 Chad and neighbouring states 35
Map 2.7 Sudan and neighbouring states 36
Map 3.1 Bosnia–Herzegovina and neighbouring states 59
Map 3.2 Former Yugoslavia and neighbouring states 60
Map 6.1 Libya and neighbouring states 108
All maps courtesy of the University of Texas Libraries, the University of
Texas at Austin.LIST OF ABBREvIATIONS
CDR Coalition pour la Défense de la République
CIA Central Intelligence Agency
CIL Customary International Law
CPI Corruption Perceptions Index
CRS Congressional Research Service
DFAIT Department of Foreign Affairs and International Trade
Canada
FRY Federal Republic of Yugoslavia
GNU Government of National Unity
HSN Human Security Network
IBC Iraqi Body Count
ICAO International Civil Aviation Organization
ICC International Criminal Court
ICIDI Independent Commission on International Development
Issues
ICISS International Commission on Intervention and State
Sovereignty
ICJ International Court of Justice
ICDSI Independent Commission on Disarmament and Security
Issues
IED Improvised explosive device
IHL International humanitarian law
IHRL International Human Rights Law
IICK Independent International Commission on Kosovo
ILC International Law Commission (United Nations)
ILO International Labour Organization
IMF International Monetary Fund
KLA Kosovo Liberation Army
MAD Mutually assured destruction
MRND Mouvement Républicain National Pour la Démocratie et
le Développementx RESPONSIBILITY TO PROTECT AND PREvENT
NATO North Atlantic Treaty Organization
NCP National Congress Party
NGO Nongovernmental organization
OAU Organization of African Unity
OSCE Organization for Security and Co-operation in Europe
PCIJ Permanent Court of International Justice
R2P Responsibility to protect
R2Prevent Revent
RPF Rwandan Patriotic Front
SPLM Sudan People’s Liberation Movement
START Strategic Arms Reduction Treaty
TBBG Transitional Broad-Based Government
UDHR Universal Declaration of Human Rights
UN United Nations
UNAMIR tions Assistance Mission for Rwanda
UNDP United Nations Development Programme
UNHCR tions High Commissioner for Refugees
UNMIK United Nations Interim Administration Mission in Kosovo
UNMIS tions Mission in Sudan
UNOSOM United Nations Operation in Somalia
UNPROFOR tions Protection Force
UNTAES United Nations Transitional Authority in Eastern Slovenia
UNTAET ransitional Administration in East Timor
USSR Union of Soviet Socialist Republics
WGI World Bank’s Worldwide Governance Indicators
WMDs Weapons of mass destruction
WOMP World Order Models ProjectChapter 1
INTRODUCTION
The 2005 UN World Summit was a pivotal event in the formal progression of
the responsibility to protect (R2P) principles. Paragraphs 138–9 of the summit’s
outcome document articulated the fundamental responsibilities of states and the
wider international community. The R2P approach was directly applied for the
first time by the Security Council to the genocide in Darfur and most recently to
the international response in Libya during the Arab Spring uprisings in 2011 and
2012. Since the late 1990s, the concept of R2P has evolved into what supporters
now claim is a new type of responsive norm regarding how the international
community should react to serious and deliberate human rights violations. The
2001 UN International Commission on Intervention and State Sovereignty
co-chaired by Gareth Evans and Mohamed Sahnoun articulated in detail the
principles of R2P. These principles were then formally endorsed by the majority
of states at the 2005 UN General Assembly World Summit in New York.
At the 2005 summit, the international community almost unanimously
endorsed the idea that states have a fundamental responsibility to protect
their own citizens, and in most cases the citizens from other states, from gross
1human rights violations and other mass atrocities. However, the progression
of R2P from concept to principle to formal ratification in 2005 has been
a very difficult one with a great deal of disagreement over the validity of
R2P as a s