Week 5 - Conflict and Humanitarian Intervention Flashcards
The Birth of the Palestinian Refugee Problem Revisited
UN Security Council Resolution 194 (1948):
“Refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date…”
Israel Law of Return
“Every Jew has the right to immigrate to this country”
UN Security Council Resolution 242 (1967)
- Withdrawal of Israeli armed forces from territories occupied in the recent conflict
- Termination of all claims or states of belligerency and respect for the acknowledgement of the sovereignty… of every state in the area…”
Laws of War
“The occupying power shall not deport or transfer parts of its own civilian population into the territory it occupies” (Fourth Ganeva Convention)
US Vetoes Another UN Resolution
For the third time, the US has vetoed a UN Security Council Draft Resolution calling for an immediate ceasefire in Isreal’s War on Gaza That Has Killed More than 29,000 people.
- October 18, 2023
- December 8, 2023
- February 20, 2024
International Court of Justice Decision on Israeli Occupation of Palestinian Territories
The state of Israel’s continued presence in the Occupied Palestinian Territory is unlawful and is under obligation to bring an end to its unlawful presence in the Occupied Palestinian Territory as rapidly as possible.
The State of Israel is under an obligation to cease immediately all new settlement activities, and to evacuate all settlers from the Occupied Palestinian Territory.
The state of Isreal has the obligation to make reperation for the damage caused to all the natural or legal persons concerned in the Occupied Palestinian Territory
Origins of Responsiblity to Protect
Rwandan Genocide (1994) 800,000 Killed in 100 Days
UN Security General Kofi Annan:
” When does the international community intervene for the sake of protecting populations?”
Humanitarian Intervention
Threat or Use of Military Force to Stop Human Rights Perpetrated by:
* A State
* Non-State Actors
Intervention in the affairs of a state that:
* Cannot stop massive human rights violations
* Is Unwilling to Stop Them
* Is Committing them
Responsiblity To Protect (R2P)
It is a norm, not a law.
* Has International Support, But No Legal Status
The right to state sovereignty is not absolute; governments are responsible for protecting citizens; failing that, the international community has a responsibility to intervene.
* Humanitarian Intervention understood as an obligation for the international community.
What is humanitarian intervention, and what are some of the challenges associated with it?
Humanitarian Intervention refers to the use of military force by one or more countries, or an international organization (like the UN), to prevent or stop widespread suffering, human rights abuses, or genocide, ethnic cleansing, crimes against humanity.
Challenges:
* Violation of State Sovereignty (the right of states to govern themselves without foreign interference)
* Humanitarian Interventiosn without Security Council Approval can be seen as illegal under international law
Ex. U.S. 3x Veto against UN Resolution of Israel Ceasefire
* Bias towards which conflicts they choose to intervene in, and which conflicts they ignore
* Risk of Escalation (Potentially leading to worsening of human suffrage)
* Veto Power in the UN Council (paralyzes humanitarian intervention when it is necessary)
What is the norm of “Responsisbility to Protect” (R2P)
An international norm that seeks to prevent and stop atrocities. It emphasizes the state’s primary responsibility for protecting populations from such atrocities, but if the state is unable or unwillibg to do so, the international community has a responsibility to intervene.
Gaza and teh Moral Failure of the Responsibility to Protect
In the end, the true test of the value of any norm is not whether it is useful in situations where it aligns with the interests of the powerful; rather, it is when it runs against those interests. By this measure, it is not only the R2P that has been proven to be of at best marginal value in relation to Gaza. We could also say that the entire edifice of international humanitarian law, human rights law and humanitarianism in general is in question.
What Forms of Human Rights Abude Does R2P Aim to Address? READING
- War Crime
- Genocide
- Ethnic Cleansing
- Crimes Against Humanity
Crtiques of R2P (READING)
Critics insist that it will never be applied to major powers, thus it is undermined by inconsistency.
How Does R2P Affect the Idea of Sovereignty?
States have long accepted limits on their conduct, whether towards their own citizens or others. The Un’s UDHR requires that states provide individual and social rights.
