Peacekeeping and the Responsibility to Protect

2010 ◽  
Vol 14 (1-2) ◽  
pp. 134-183 ◽  
Author(s):  
Sabine Hassler

This article examines the debate surrounding the responsibility to protect [R2P] with particular reference to the use of peacekeeping forces in that regard. Post-Cold War, human protection had expanded into a matter of international concern. Yet, where formerly humanitarian intervention was the mot du jour, a change in conceptual vocabulary led to the introduction of R2P and to a redefinition of sovereignty. Accordingly, the primary responsibility to protect its citizens rests with the sovereign state but, owing to international solidarity, the residual responsibility rests with the international community. Contextually, R2P is embedded in a continuum of responsibilities: prevent, react and rebuild. Proponents of the concept already see a norm in development. Still, divisions and confusion remain concerning the concept’s legal basis, its scope and its parameters. This is particularly relevant in view of peacekeeping forces, which have been increasingly deployed for humanitarian purposes. Because of ill-defined mandates and an overextension of resources, however, traditional peacekeeping is no longer suitable, lacking the resources, the personnel and the necessary expertise. To be able to fulfil the goals of R2P, peacekeeping will have to be redefined and the forces equipped with more robust mandates or fail.

Author(s):  
Alex J. Bellamy ◽  
Stephen McLoughlin

This chapter examines the implications of humanitarian intervention for international security. It considers the debate between those who argue that the protection of civilians from genocide and mass atrocities is far more important than the principle of non-intervention in certain circumstances and those who oppose this proposition. This has become a particular problem in the post-Cold War world where the commission of atrocities in places like Rwanda, Bosnia, and Darfur prompted calls for international society to step in to protect the victims with military force if necessary. Humanitarian intervention causes problems for international security by potentially weakening the rules governing the use of force in world politics. The chapter first considers the case against humanitarian intervention before discussing the principle known as ‘Responsibility to Protect’ (R2P).


Author(s):  
Franchini Daniel ◽  
Tzanakopoulos Antonios

This contribution discusses the forcible intervention by NATO against Serbia in 1999 in response to the situation in Kosovo. It sets out the facts and background of the crisis, along with the legal positions of the main protagonists and the reactions of the international community. It then proceeds to survey the debates surrounding the legality of the intervention and to assess the soundness of the legal justifications put forward by states and authors. Finally, it discusses the precedential value of the intervention, especially in view of claims of the existence or emergence of a rule or principle of international law permitting the unilateral use of force in response to humanitarian crises. The contribution concludes that the NATO intervention has significant precedential value in that it confirms the unlawfulness of forcible unilateral humanitarian intervention.


2017 ◽  
Vol 73 (4) ◽  
pp. 430-453 ◽  
Author(s):  
Yeshi Choedon

India’s opposition to humanitarian intervention has been influenced by its colonial experience and its predisposition towards the principles of sovereignty and non-intervention. However, India did not adopt a strident opposition in the post-Cold War due to the changed power configuration. The article discusses how India adopted a cautious approach and yet used every opportunity to remind the international community the baleful effect of intervention in the internal affairs. After securing concession to a considerable extent on the ambitious Responsibility to Protect (R2P) and when most of the countries showed an inclination to accept humanitarian intervention in the form of ‘R2P’ at the UN summit in 2005, India grudgingly went along accepting it. India participated in the deliberation on the implementation of R2P and took its stand on various crises in which R2P was evoked. The experience of NATO’s Libya operation under R2P was regarded as substantiation of India’s apprehension of the misuse of the concept, and India reverted its position to the sceptical view of humanitarian intervention/R2P. By mere complaining about the mixing of peace enforcement with peacekeeping, when the United Nations deployed ‘intervention brigade’ for the protection of civilians, India lost the opportunity to take the initiative to propose a new mechanism to deal with the humanitarian crisis in atrocious internal conflicts.


Author(s):  
Thomas G. Weiss

The responsibility to protect is central to the current policy debate on humanitarian intervention in war zones, and so it is instructive to explore its immediate post-Cold War origins in the decade preceding the December 2001 release of the report by the International Commission on Intervention and State Sovereignty. The history of the turbulent decade of the 1990s is essential to understanding the normative and policy problems that the Commission was trying to resolve as well as the remaining contestation that surrounds coming to the rescue of civilians caught in the throes of war. This chapter provides a sense of the practical and political problems that animated the development of R2P along with the distance yet to be covered to make mass atrocities an unpleasant memory instead of an ugly and continuing current reality.


2016 ◽  
Vol 8 (2-3) ◽  
pp. 201-226
Author(s):  
Charles T. Hunt

Growing international solidarity for protection principles has formed the backdrop for an evolving notion of human protection at the un in the post-Cold War era. The emergence of the ‘Human Rights up Front’ initiative, protection of children and Women, Peace and Security policy agendas, and normative frameworks such as the protection of civilians and the Responsibility to Protect are indicative of a tangible human protection agenda at the un. However, the extent to which human protection norms have diffused in different regions vary in important ways. Africa – one region or many – has been a norm maker, shaper and taker, as well as a major recipient of action in accordance with this nascent normative regime. This article provides an overview of regionalism in Africa and examines how perspectives and institutional expressions at the regional level(s) have been influenced by – and in turn influenced – the uptake and development of norms around human protection.


Author(s):  
Alex J. Bellamy

This chapter examines the implications of humanitarian intervention for international security. It considers the debate between those who argue that the protection of civilians from genocide and mass atrocities is far more important than the principle of non-intervention in certain circumstances and those who oppose this proposition. This has become a particular problem in the post-Cold War world where the commission of atrocities in places like Rwanda, Bosnia, and Darfur prompted calls for international society to step in to protect the victims with military force if necessary. Humanitarian intervention causes problems for international security by potentially weakening the rules governing the use of force in world politics. The chapter first considers the case against humanitarian intervention before discussing the principle known as ‘Responsibility to Protect’ (R2P).


1995 ◽  
Vol 8 (2) ◽  
pp. 337-346 ◽  
Author(s):  
Erkki Kourula ◽  
Tapio Kanninen

The expansion of the Security Council's membership is presently being seriously debated by the international community. The UN Charter is most likely to be amended if agreement is reached in negotiations now underway.At the same time, a number of other possible fundamental reforms, also requiring Charter amendments, are being discussed in various UN fora. The question arises whether the Charter could or should be amended only once during our generation or many times over a period of a few years.


2016 ◽  
Vol 22 (4) ◽  
pp. 897-919 ◽  
Author(s):  
Garrett Wallace Brown ◽  
Alexandra Bohm

Cosmopolitans often argue that the international community has a humanitarian responsibility to intervene militarily in order to protect vulnerable individuals from violent threats and to pursue the establishment of a condition of cosmopolitan justice based on the notion of a ‘global rule of law’. The purpose of this article is to argue that many of these cosmopolitan claims are incomplete and untenable on cosmopolitan grounds because they ignore the systemic and chronic structural factors that underwrite the root causes of these humanitarian threats. By way of examining cosmopolitan arguments for humanitarian military intervention and how systemic problems are further ignored in iterations of the Responsibility to Protect, this article suggests that many contemporary cosmopolitan arguments are guilty of focusing too narrowly on justifying a responsibility to respond to the symptoms of crisis versus demanding a similarly robust justification for a responsibility to alleviate persistent structural causes. Although this article recognizes that immediate principles of humanitarian intervention will, at times, be necessary, the article seeks to draw attention to what we are calling principles of Jus ante Bellum (right before war) and to stress that current cosmopolitan arguments about humanitarian intervention will remain insufficient without the incorporation of robust principles of distributive global justice that can provide secure foundations for a more thoroughgoing cosmopolitan condition of public right.


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