Humanitarian Intervention and Responsibility to Protect Flashcards
Define Humanitarian Intervention
“External coercive military involvement in the affairs of a sovereign state, to prevent or stop grave human rights violations, war crimes or crimes against humanity”
Define Responsibility to Protect
“A global political commitment which was endorsed by all member states of the UN at the 2005 World Summit to prevent genocide, war crimes, ethnic cleansing and crimes against humanity.” It is essentially the current version of Humanitarian Intervention
Define Norm
“A shared expectation of appropriate behavior for a given identity” (Katzanstein) essentially what is expected in a given situation or by a given person
What are the 4 key issues regarding Humanitarian intervention?
- Does it require the consent of the affected state?
- Is it the same as peacekeeping?
- Is it the same as humanitarian assistance?
- Is it legal? Morality vs legality what wins?
Grotius
HI= the sovereign has the right of intervention as a policing measure among sovereigns
Teson
HI is legitimate due to the moral importance of defending the rights of the oppressed- the state is embedded in a moral world
Wolff
HI is illegitimate, states have the absolute right to non-intervention
Vettel
HI is illegitimate due to the potential for moral claims to intervention to be abused
Chesterman
Accepts HI on a moral basis but argues it is always outside of international law i.e. a crime that can be forgiven for its moral rightness
Nicholas Wheeler
HI is morally right if it meets the requirements for just war
-just cause (‘supreme humanitarian emergency’)
-last resort (confidence they have explored all other options)
-proportionality (raises issue of what is a legitimate target)
-high chance of success
Need to make an actual decision about it though and not just leave it open to interpretation
Still just even if some elements of self interest
Ethics should trump legality, should try get UNSC approval but not issue if can’t -> norm of HI existed prior to UN
Historic argument in favor of HI
HI is nothing new so just continue what we are doing e.g. Wars of Religion and Scramble for Africa
UN Charter Article 2 (4)
Can’t threaten or use force against a territory or state if it is inconsistent with the UN’s purposes
UN Charter Article 2 (7)
No reason to intervene in domestic jurisdiction except under those stated in Chapter VII
Chapter VII of the UN Charter
Security Council to decide what measures to take if conflict or HR breaches break out somewhere, with their approval you can use force
How did R2P emerge?
From Kosovo and the earlier notion of HI
Key differences between R2P and HI
R2P doesn’t employ the earlier “right of HI” language but instead focuses on the need to protect the vulnerable.
This was further refined at WSO in 2005 to focus on prevention
What is the key frame work for R2P
- Just cause
- Right intention
- Last resort
- ability to work around veto-> this was later changed to need approval c. 2005
WSO 2005 R2P
- responsibility lies with teh soverign state
- International community has teh responsibility to help states protect civilians
- When the state fails to do so teh international community can intervene
- but only in the case of 4 crimes: genocide, ethnic cleansing, crimes against humanity, war crimes
The first pillar of R2P
The State has responsibility to its people, this includes encouraging diversity but managing differences and ensuring respect for human rights
The second pillar of R2P
International COmmunity has teh responsibility to assist the state to meet its obligations. This can include: capacity building, election observers, providing an early warning, mediation and aiding in dispute resolution
The Third Pillar of R2P
International community has the responsibility to take ‘timely and decisive action’ when states fail in their responsibilities
Libya 2011
Arab Spring Protests, these were repressed by force such as airstrikes against the rebel groups making the violence grow
What did Gaddafi say about the people of Benghazi?
He threatened violence calling them “scumbags, germs, and rats”
UN resolution 1970
Condemned the Gaddafi regime in Libya
UN resolution 1973
Libya: Took all measures to protect civilians, no-fly zone, but no occupying forces (passed 10-5-0)
What did NATO do in Libya as a result of UN res. 1973
- employed airstrikes against armor vehicles and other targets
- The Libyan government did not manage to do anything to stop NATO
When did the fighting in Libya end?
With Gaddafi’s death in late Oct 2011