Civilian Protection in Libya: Putting Coercion and Controversy Back into RtoP

2011 ◽  
Vol 25 (3) ◽  
pp. 255-262 ◽  
Author(s):  
Jennifer Welsh

As noted by other contributors to this roundtable, the response of the international community to civilian deaths in Libya—and the threat of further mass atrocities—is unusual in two key respects. First, Security Council Resolution 1973 authorized “all necessary measures” to protect civilians without the consent of the “host” state. The Council's intentions, and actions, could not be interpreted as anything other than coercive. Second, in contrast to other crises involving alleged crimes against humanity (most notably Darfur), diplomacy produced a decisive response in a relatively short period of time. Both of these features suggest that many analysts of intervention (including myself) need to revise their previously pessimistic assessments of what is possible in contemporary international politics.

2011 ◽  
Vol 3 (3) ◽  
pp. 323-345 ◽  
Author(s):  
Daniel H. Levine

AbstractAriela Blätter and Paul D. Williams propose that the international community could more effectively end serious abuses such as genocide and crimes against humanity if the permanent five members of the UN Security Council adopted a 'responsibility not to veto;' that is, an informal agreement not to use their veto power when action to respond to genocide or mass atrocities is proposed and has the support of a simple majority on the Council. While there is much to recommend the proposal, it may not in fact promote the protection of civilians as it is intended to do. The historical record shows a number of instances where inappropriate military action was counterproductive to civilian protection, and it is not clear how easy it would have been for a military intervention to help rather than harm civilians in some cases in which intervention was not forthcoming. Ultimately, the RN2V proposal would be stronger if it were part of a package of more fundamental institutional changes, including improving the UN's ability to respond to budding crises non-violently.


2012 ◽  
Vol 2 (2) ◽  
pp. 375-393 ◽  
Author(s):  
Andrew GARWOOD-GOWERS

The emerging principle of the “responsibility to protect” (R2P) challenges China's traditional emphasis on non-intervention in the domestic affairs of other states and non-use of force. This article considers the impact of the 2011 Libyan intervention on Beijing's evolving relationship with R2P, and assesses its implications for the future development of the doctrine itself. It argues that China's decision to allow the passage of Security Council resolution 1973, which authorized force in Libya, was shaped by an unusual set of political and factual circumstances, and does not represent a significant softening of Chinese attitudes towards R2P. More broadly, controversy over the scope of NATO's military action in Libya has raised questions about R2P's legitimacy, which have contributed to a lack of timely international action in Syria. In the short term, this post-Libya backlash against R2P is likely to constrain the Security Council's ability to respond decisively in civilian protection situations.


2021 ◽  
Vol 59 (4) ◽  
pp. 463-483
Author(s):  
Jenny Lorentzen

AbstractMore than 20 years after the adoption of UN Security Council Resolution 1325 on Women, Peace and Security, the international community is concerned with taking stock of its implementation in countries undergoing transitions from war to peace. This article contributes to a better understanding of the dynamics involved in implementing the Women, Peace and Security agenda through a focus on the frictional interactions that take place between different actors promoting women's participation in the peace process in Mali. Based on extensive fieldwork in Bamako between 2017 and 2019, it analyses interactions between different international and local actors in the Malian peace process through a discussion of vertical (between international and local actors) and horizontal (between local actors) friction. It finds that the way different actors respond to friction shapes relationships and impacts norm trajectories by triggering feedback loops, which in turn trigger new responses and outcomes.


2012 ◽  
Vol 4 (2) ◽  
pp. 241-272 ◽  
Author(s):  
Sahana Dharmapuri

Although the principle of the Responsibility to Protect has a number of supporters, there is still little agreement on institutional procedures to execute Responsibility to Protect (RtoP) systematically. This is due to a lack of consensus on how exactly to operationalize specific RtoP practices with regard to genocide, crimes against humanity, ethnic cleansing, and war crimes. The acceptance of this line of thinking is peculiar in its ignorance of the implementation of UN Security Council Resolution 1325 (UN 1325) on Women, Peace and Security, by militaries, both national and multinational, over the last five to ten years. Misunderstanding, underutilization, and neglect of the UN 1325 mandate within the RtoP community has caused many important developments in the field to be overlooked. This article attempts to begin filling that gap. It presents an overview of what UN 1325 is about and compares UN 1325 to the Responsibility to Protect agenda. It also examines how implementing UN 1325 in UN and NATO peace and security operations is pushing the RtoP agenda forward in practical, not theoretical, terms in three key areas of military peace and security operations – the transformation of doctrine, command structure, and capabilities.


Author(s):  
Elizabeth Griffiths ◽  
Sara Jarman ◽  
Eric Jensen

The year 2020 marks the twentieth anniversary of the passage of United Nations Security Council Resolution (“UNSCR”) 1325, the most important moment in the United Nations’ efforts to achieve world peace through gender equality. Over the past several decades, the international community has strengthened its focus on gender, including the relationship between gender and international peace and security. National governments and the United Nations have taken historic steps to elevate the role of women in governance and peacebuilding. The passage of UNSCR 1325 in 2000 foreshadowed what many hoped would be a transformational shift in international law and politics. However, the promise of gender equality has gone largely unrealized, despite the uncontroverted connection between treatment of women and the peacefulness of a nation. This Article argues for the first time that to achieve international peace and security through gender equality, the United Nations Security Council should transition its approach from making recommendations and suggestions to issuing mandatory requirements under Chapter VII of the U.N. Charter. If the Security Council and the international community believe gender equality is the best indicator of sustainable peace, then the Security Council could make a finding under Article 39 with respect to ‘a threat to the peace’—States who continue to mistreat women and girls pose a threat to international peace and security. Such a finding would trigger the Security Council’s mandatory authority to direct States to take specific actions. In exercising its mandatory authority, the Security Council should organize, support, and train grassroots organizations and require States to do the same. It should further require States to produce a reviewable National Action Plan, detailing how each State will implement its responsibilities to achieve gender equality. The Security Council should also provide culturally sensitive oversight on domestic laws which may act as a restraint on true gender equality.


2021 ◽  
Vol 7 (2) ◽  
pp. 125-143
Author(s):  
Berta Alam-Pérez

The article analyses the complex relation between politics and justice in the international arena that is reflected in the Special Tribunal for Lebanon. The subject matters developed are its problematic establishment by means of Security Council resolution 1757 (2007) and its selective nature, as well as the legal-doctrinal dispute laid out in the Ayyash et al. case, also known as the Hariri case. It is stressed the importance of circumstantial factors, especially those triggered since 2004, with the aim to explain the internal division —with international protagonists— of the country into two blocks whose confrontation would serve as a pretext for starting-up a unique tribunal that would meet the interests of an international community captivated by the possibility of achieving a judicial terrorism sentence against Hizballah —and/or Syria— who was gathering momentum. The 2011 interlocutory decision of the Appeals Chamber seemed to reveal itself as a good omen in said direction when it stated the necessity to interpret the crime of terrorism established in article 314 of the Lebanese Criminal Code in accordance with an international crime of terrorism of customary nature. The revolutionary decision —together with the process that led to its publication— disclosed nevertheless, a certain hasty and opportunistic character, which the 2020 judgment finally rejected for being unnecessary and untrue. The article upholds that all the above has contributed to undermine the credibility of the Tribunal, which is a model of selective justice, and has demonstrated little deference towards the sovereignty of the Lebanese State.


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