Outsourcing the responsibility to protect: humanitarian intervention and private military and security companies

2010 ◽  
Vol 2 (1) ◽  
pp. 1-31 ◽  
Author(s):  
James Pattison

States have recently agreed that there is a responsibility to protect populations threatened by genocide, war crimes, ethnic cleansing, and crimes against humanity. The international community, however, often lacks the resources and willingness to carry out a key part of this responsibility, that is, to undertake humanitarian intervention effectively when required. One potential solution to this problem is to outsource intervention to private military and security companies. In this article, I consider this option. In particular, I present a largely consequentialist argument which asserts that, when two conditions are met, using these companies to bolster the capacity to undertake humanitarian intervention might be morally justifiable overall.

2019 ◽  
Vol 11 (4) ◽  
pp. 435-450
Author(s):  
Simon Adams

The failure of the international community to adequately respond to patterns of discrimination against the ethnic Rohingya minority in Myanmar (Burma) eventually led to a genocide. The so-called “clearance operations” launched by Myanmar’s military in August 2017 tested the resilience of the international community’s commitment to defending human rights and upholding its Responsibility to Protect (R2P) populations from genocide, ethnic cleansing, crimes against humanity and war crimes. Two years later the UN Security Council has still not adopted a single resolution to name the crime committed against the Rohingya, or to hold the perpetrators accountable. Nevertheless, Rohingya survivors and international civil society have continued to campaign for justice under international law, and to advocate for targeted sanctions to be imposed on those responsible for atrocities. Faced with an inert Security Council, some UN member states have adopted inventive diplomatic measures to uphold their responsibility to protect.


AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 273-278
Author(s):  
Colette Rausch

The doctrine of “responsibility to protect” obliges all states to protect populations from “atrocity crimes”—namely, genocide, war crimes, crimes against humanity, and ethnic cleansing—under three “pillars” of protection. Pillar One requires a state to protect its own population from atrocity crimes. Pillar Two obliges the international community to help states to exercise this responsibility through diplomatic, humanitarian, and other peaceful means. When both of these approaches fail, states must pursue a “Pillar Three” strategy: the UN Security Council must “take collective action, in a timely and decisive manner.”


2015 ◽  
Vol 3 (3) ◽  
pp. 98-100
Author(s):  
Bridget Moix

Ten years ago the international community pledged to protect civilians from genocide, ethnic cleansing, war crimes, and crimes against humanity by endorsing the responsibility to protect (R2P) doctrine. Yet today, horrific violence against civilians continues in places like Syria, Iraq, and South Sudan. This article examines some of the progress and gaps in the international community’s efforts to better protect civilians against mass violence over the past decade. It proposes two emerging directions for advancing the R2P agenda in the coming years: 1) greater focus on upstream prevention, and 2) increased support for locally-led peacebuilding and prevention actors and capacities.


2006 ◽  
Vol 20 (2) ◽  
pp. 143-169 ◽  
Author(s):  
Alex J. Bellamy

At the 2005 World Summit, the world‘s leaders committed themselves to the “responsibility to protect”, recognizing both that all states have a responsibility to protect their citizens from genocide, war crimes, ethnic cleansing and crimes against humanity and that the UN should help states to discharge this responsibility using either peaceful means or enforcement action. This declaration ostensibly marks an important milestone in the relationship between sovereignty and human rights but its critics argue that it will make little difference in practice to the world’s most threatened people. The purpose of this article is to ask how consensus was reached on the responsibility to protect, given continuing hostility to humanitarian intervention expressed by many (if not most) of the world‘s states and whether the consensus will contribute to avoiding future Kosovos (cases where the Security Council is deadlocked in the face of a humanitarian crises) and future Rwandas (cases where states lack the political will to intervene). It suggests that four key factors contributed to the consensus: pressure from proponents of the International Commission on Intervention and State Sovereignty, its adoption by Kofi Annan and the UN’s High Level Panel, an emerging consensus in the African Union, and the American position. Whilst these four factors contributed to consensus, each altered the meaning of the responsibility to protect in important ways, creating a doctrine that many states can sign up to but that does little to prevent future Kosovos and Rwandas and may actually inhibit attempts to build a consensus around intervention in future cases.


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.


2014 ◽  
Vol 6 (4) ◽  
pp. 483-507 ◽  
Author(s):  
Deborah Mayersen

Within the responsibility to protect (R2P) principle, there is an assumption that is rarely questioned. Beneath the statement that states and the international community are charged with the responsibility to protect populations from genocide, war crimes, crimes against humanity and ethnic cleansing, lies the implication that vulnerable populations cannot protect themselves. In periods of crisis, when the international community might consider mobilising a response under pillar three, this is often the case. Yet outside of such crises, when pillar one – the enduring responsibility of the state to protect its own populations – and pillar two – assistance from the international community to meet this responsibility – might be invoked in a preventive capacity, vulnerable populations may not be wholly reliant upon protection from external actors. In these circumstances, persecuted groups may actively seek to protect themselves, and may be successfully able to do so. In this paper, I challenge the current understanding of prevention within R2P as an externally imposed process, by considering how persecuted groups have themselves acted in ways that mitigate their vulnerability to mass atrocities. The paper considers a number of historical case studies in which targeted groups were able to leverage their own agency, often with assistance from others, to reduce this vulnerability. These include cases that culminated in genocide, namely the experiences of German and Austrian Jews under Nazi rule, and negative cases studies in which a demonstrable risk of mass atrocities was not realised, such as the experiences of Yemenite Jews in the first half of the twentieth century and those of the Bahá’í community in Iran since the 1979 Iranian revolution. These cases suggest that assisting persecuted populations to empower themselves can be an effective way to promote resilience to mass atrocities. In the final section of the paper, I explore why this approach is often overlooked, despite its capacity for some success. I consider the potential benefits and costs of a greater focus on utilising the agency of vulnerable groups in endeavours to prevent mass atrocities.


2020 ◽  
pp. 190-214
Author(s):  
Svetlana Bokeriya ◽  
Dmitriy Sidorov

The three-stage transformation in the framework of «humanitarian intervention – personal security – responsibility to protect (R2 P)» reflects the international community's search for the most effective forms of protecting the population from crimes against humanity, genocide, and ethnic cleansing. The concept of humanitarian intervention turned out to be untenable, and in 2005 the «responsibility to protect» was formalized. Responsibility to protect concept was intended to become an effective tool in the field of ensuring peace and security. The article deals with the approaches of the BRICS countries, which took an active part in the development of the R2 P, to its interpretation at the present stage. The contradictory semantic content and legal non-formality of the concept make it difficult to implement it in practice and divide R2 P researchers into two main groups. The key goal of the article is to study the evolution of the positions of the BRICS countries on R2 P.


2021 ◽  
Vol 44 (1) ◽  
pp. 50-74
Author(s):  
Nicholas Idris Erameh ◽  
Victor Ojakorotu

Existing studies on the Myanmar-Rohingyan crisis have explored the contending issues from a narrow perspective. This underscores the need for broader engagement by interrogating the veracity of the claims of mass atrocities against the Rohingyans, nonauthorization of the Responsibility to Protect (RtoP), and implications for consolidating and internalizing the RtoP norm. This study argues that, while the acts of genocide, crimes against humanity, war crimes, and ethnic cleansing against the Rohingyans satisfies four of the crimes upon which RtoP can be authorized, its nonauthorization suggests that in spite of its commitment to “Never Again,” the international community is yet to come to terms with issues bordering on mass atrocity and civilian protection. This inaction amidst widespread atrocities against the Rohingyans explains why the RtoP is not only contested, but also risks the chances of further nonutilization and institutionalization. Thus, the possibility that the RtoP would remain valuable depends on how the international criminal court and the global community prosecute those culpable of atrocities against the Rohingyans, adopt a clear rule of establishing when mass atrocity has been perpetuated and demand RtoP intervention, and ensure that these interventions are guided by the principle of Jus in Bellum and Jus ad Bello.


2012 ◽  
Vol 4 (1) ◽  
pp. 33-66 ◽  
Author(s):  
Don Hubert ◽  
Ariela Blätter

In 2005 the UN’s World Summit endorsed the idea that its members have a responsibility to prevent and halt genocide, crimes against humanity, ethnic cleansing and war crimes. Insufficient attention has been paid to clarifying how the definitions and evolving jurisprudence relating to these international crimes can provide clarity in identifying the unlawful acts that the Responsibility to Protect seeks to prevent and to halt. Specifically, an analysis of the elements of the crimes establishes the following parameters: attacks directed against any civilian population, committed in a widespread or systematic manner, in furtherance of a state or organizational policy, irrespective of the existence of discriminatory intent or an armed conflict. This conclusion makes reference to four ‘crimes’ redundant: crime against humanity alone provides an appropriate framework for conceptualizing and implementing the Responsibility to Protect. Although analysts focused on international crimes tend to prioritize accountability, such an approach need not be reactive. The essence of the Responsibility to Protect is best characterized as international crimes prevention.


2009 ◽  
Author(s):  
Ekkehard Strauss

This publication attempts to assist the ongoing discussion on the operationalization of the responsibility to protect by the United Nations. After summarizing the negotiation process towards the agreement in the Summit Outcome Document, the practice of the application of the responsibility to protect by United Nations organs and other bodies since September 2005 is presented, before providing elements for a comprehensive review of existing United Nations capacities to prevent or halt genocide, war crimes, ethnic cleansing and crimes against humanity. Finally, the publication proposes elements for an immediate strategy of the Secretary-General and the United Nations departments, funds and agencies to facilitate the application of the responsibility to protect in practice in the immediate future.


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