scholarly journals Hambatan PBB dalam Merespon Mass Atrocity di Suriah pada Tahun 2011-2013

2021 ◽  
Vol 1 (1) ◽  
pp. 203-222
Author(s):  
Sukma Bella Sanjivani ◽  
Renitha Dwi Hapsari
Keyword(s):  
United Nations ◽  
Responsibility To Protect ◽  
Journal Articles ◽  
Sovereign State ◽  
International Pressure ◽  
Syrian Population ◽  
Un Security Council ◽  
Mass Atrocity ◽  
Syrian Conflict ◽  
The Arab Spring

The Syrian conflict is one of the deadliest conflicts that occurred as a result of the Arab Spring. A large number of casualties in this conflict shows how sovereign state and international community had failed to fulfill their responsibility to protect civilians from mass atrocities. The purpose of this article is to examine what obstacles the United Nations had faced in its effort to protect the Syrian population. The framework that used to analyze this issue is the concept of Global Governance and the Responsibility to Protect. Using descriptive qualitative research methods, data will be collected from books, journal articles, official reports and media publications to explain four obstacles United Nations had faced. The first obstacle related to growing multipolarity that causes difficulty in reaching a consensus during the negotiations. The second obstacle related to UN Security Council permanent member dysfunctional behavior which often causes a deadlock in decision making. The third obstacle is the complexity of the conflict that occurred. The last one is the differences opinion among related organizations that relieves the international pressure to immediately end the mass atrocities.

scholarly journals Towards International Legitimization of the Responsibility to Protect’s Third Pillar

2019 ◽  
Vol 8 (3) ◽  
pp. 50
Author(s):  
Arsalan H. AlMizory
Keyword(s):  
International Law ◽  
Security Council ◽  
Responsibility To Protect ◽  
Sovereign State ◽  
New Era ◽  
The Past ◽  
Un Security Council ◽  
Mass Atrocity ◽  
Atrocity Crimes

Over the past few years, the question whether international law permits the use of force not in response to existing violence but to avert and prevent mass atrocity crimes occurring within the boundaries of a sovereign State has taken on added significant in the aftermath of the humanitarian tragedies of the 1990s. Responsibility to Protect (R2P) is a complicated and emerging norm of international law, which represents the start of a new era for the United Nations (UN), seeks to provide a means for the Security Council to take enforcement measures under Chapter VII to prevent mass atrocity crimes. The research discusses that when the Security Council is deadlock and peaceful measures have been exhausted, it is important to have a legal basis of using limited armed force as a last resort in the name of humanitarian intervention, to avert overwhelmingly atrocity crimes that a government has shown it is unwilling or unable to prevent. The research analyzes the case of Syria as a case study, which demonstrates that the presence of certain conditions enables the UN Security Council to implement R2P norm to save civilian populations from mass human rights violations.

The Responsibility to Protect and Obama’s Red Line on Syria

2016 ◽  
Vol 8 (1) ◽  
pp. 76-101 ◽  
Author(s):  
Yasmine Nahlawi
Keyword(s):  
United States ◽  
The United States ◽  
Responsibility To Protect ◽  
Chemical Weapons ◽  
Legal Basis ◽  
Chemical Attack ◽  
Mass Atrocity ◽  
Atrocity Crimes ◽  
Syrian Conflict ◽  
Red Line

The 21 August 2013 chemical attack on Ghouta led to the mobilisation of the international community after long international paralysis towards the ongoing conflict in Syria. It is unclear, however, why or under what legal basis states chose to react to Syria’s use of chemical weapons in exclusion to other mass atrocity crimes committed within the country. This article evaluates the legal underpinnings of President Obama’s ‘red line’ on the use of chemical weapons in Syria in the context of R2P. It notes that while all states condemned the Ghouta attack and called for accountability in this regard, only a minority of states shared the United States’ position that chemical weapons constituted a red line in their own right. Overall, it is maintained that the ‘red line’ phenomenon was case-specific to the Syrian conflict, reflecting geopolitical interests of world powers rather than signifying a new precedent for R2P’s application.

What Future for the UN Charter System of War Prevention?

2003 ◽  
Vol 97 (3) ◽  
pp. 590-598 ◽  
Author(s):  
Richard A. Falk
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Sovereign State ◽  
Un Security Council ◽  
Inspection Process ◽  
The United Nations ◽  
The Relationship

President George W. Bush historically challenged the United Nations Security Council when he uttered some memorable words in the course of his September 12, 2002, speech to the General Assembly: “Will the UN serve the purpose of its founding, or will it be irrelevant?” In the aftermath of the Iraq war there are at least two answers to this question. The answer of the U.S. government would be to suggest that the United Nations turned out to be irrelevant due to its failure to endorse recourse to war against the Iraq of Saddam Hussein. The answer of those who opposed the war is that the UN Security Council served the purpose of its founding by its refusal to endorse recourse to a war that could not be persuasively reconciled with the UN Charter and international law. This difference of assessment is not just factual, whether Iraq was a threat and whether the inspection process was succeeding at a reasonable pace; it was also conceptual, even jurisprudential. The resolution of this latter debate is likely to shape the future role of the United Nations, as well as influence the attitude of the most powerful sovereign state as to the relationship between international law generally and the use of force as an instrument of foreign policy.

Implementing r2p: Towards a Regional Solution?

2017 ◽  
Vol 9 (4) ◽  
pp. 459-487 ◽  
Author(s):  
Bolarinwa Adediran
Keyword(s):  
Security Council ◽  
Responsibility To Protect ◽  
Effective Response ◽  
Regional Institutions ◽  
International Action ◽  
Mass Atrocity ◽  
Regional Organisations ◽  
Atrocity Crimes ◽  
Syrian Conflict

Since the adoption of the principles of the Responsibility to Protect (r2p) in 2005, proponents and critics alike have accepted that it has not brought about a consistent and effective response to mass atrocity crimes. The incapacity that the Security Council exhibits in addressing the Syrian conflict provides a compelling justification for the need to examine alternative mechanisms through which the principles of the doctrine can be implemented. This paper argues that regional organisations should be considered legitimate authorising mechanisms in place of the Security Council in implementing r2p. The use of regional institutions as authorising mechanisms has not been properly considered or rigorously defended. In the paper, I make a case for regional organisations in authorising international action during mass atrocity situations by first establishing the legitimacy of regional organisations to act in response to local disputes. I propose and defend four arguments that provide justification and establish the utility of regional arrangements as alternative authorising mechanisms. I also examine and respond to three key objections that can be made against regional organisations. Finally, I outline a set of criteria that should determine which regional organisations are considered legitimate actors during mass atrocity situations.

scholarly journals Exploring the Link between r2p and Refugee Protection: Arriving at Resettlement

2017 ◽  
Vol 9 (4) ◽  
pp. 366-394
Author(s):  
Chloë M. Gilgan
Keyword(s):  
Civil Society ◽  
Security Council ◽  
Responsibility To Protect ◽  
Effective Response ◽  
Academic Literature ◽  
Refugee Protection ◽  
Syrian Population ◽  
Mass Atrocity

This article addresses how resettlement can serve as a method for discharging the international community’s Responsibility to Protect (r2p) populations from mass atrocity, particularly in cases like Syria where the lack of consensus on the un Security Council has prevented an effective response in terms of diplomatic, humanitarian or military means for protecting the Syrian population from mass atrocities. The academic literature considers the link between r2p and refugee protection, but it is too focused on asylum, and it relies on normative arguments that fail to engage state interests. This article aims to explore the theoretical divide between r2p’s scholars, states, and civil society in terms of how each envisions the link between r2p and refugee protection. The article explores resettlement as a mechanism for rectifying these different interests in order to engage advocacy around r2p, thereby preserving its normative future and increasing protection of those fleeing mass atrocities.

Moral Agents of Protection and Supplementary Responsibilities to Protect

2016 ◽  
Author(s):  
Toni Erskine
Keyword(s):  
Moral Responsibility ◽  
Security Council ◽  
Shared Responsibility ◽  
Responsibility To Protect ◽  
Institutional Agents ◽  
Moral Imperative ◽  
Moral Agents ◽  
Un Security Council ◽  
Mass Atrocity ◽  
To Come

This chapter takes seriously the prevalent assumption that the responsibility to protect populations from mass atrocity represents a moral imperative. It highlights tensions between how R2P is articulated and arguments for its legitimate implementation. The chapter maintains that identifying a range of ‘moral agents of protection’ and ‘supplementary responsibilities to protect’ is fundamental to any attempt to realize R2P. It offers an account of the loci of moral responsibility implicit in prominent articulations of R2P that both supports and extends this argument. Taken to its logical conclusion, this account demands that hitherto unacknowledged moral agents of protection step in when the host state and the UN are unwilling or unable to act. The chapter examines which bodies can discharge this residual responsibility to protect and proposes that, in certain urgent circumstances, institutional agents have a shared responsibility to come together and act in concert, even without UN Security Council authorization.

scholarly journals Constructing state, territory, and sovereignty in the Syrian conflict

Politics ◽  
2018 ◽  
Vol 39 (3) ◽  
pp. 332-346 ◽  
Author(s):  
Mustafa Menshawy
Keyword(s):  
Critical Discourse Analysis ◽  
The United States ◽  
Responsibility To Protect ◽  
Critical Discourse ◽  
International Affairs ◽  
Civil Conflicts ◽  
Territorial State ◽  
Methodological Triangulation ◽  
Syrian Conflict ◽  
The Arab Spring

The article argues that sovereignty claims and counterclaims are still very much at work in international and civil conflicts involving state actors. Focusing on the case of the Syrian conflict, the article engages in methodological triangulation using Critical Discourse Analysis and international relations theories. It finds that the sovereignty-first narrative adopted by Syrian President Bashar al-Assad’s regime, and its external allies such as Russia, has built an ‘effective’ discourse that has been adopted in a coherent, consistent, and resonant manner, as well as a ‘credible’ discourse which combined words with actions (i.e. performatives and constatives of sovereignty). The effectiveness and credibility of the sovereignty-first narrative is also judged by the absence of effective and credible contending narratives demonstrated by the tepid application of concepts like the Responsibility to Protect (R2P) by the United States and its European allies. In making these comparisons, the Syrian conflict can be contextualised by relating it to the Arab Spring and geopolitical shifts in international affairs. It is within this contextualisation that the article demonstrates broader claims about the endurance of the ‘territorial state’ in the Middle East.

Libya

2016 ◽  
Author(s):  
Simon Adams
Keyword(s):  
Security Council ◽  
Responsibility To Protect ◽  
Military Force ◽  
Current Crisis ◽  
Civilian Protection ◽  
Un Security Council ◽  
Complex Mass ◽  
Mass Atrocity ◽  
First Time ◽  
Do So

In March 2011, for the first time in its history, the responsibility to protect (R2P) principle was invoked by the UN Security Council while imposing coercive military measures against a UN Member State without its consent. However, neither the ferocity of the subsequent diplomatic debate around R2P, nor the intensity of the current crisis in post-Gadhafi Libya, should distract us from the fact that Resolutions 1970 and 1973 constituted an appropriate response to a complex mass atrocity situation. The problem was in the disputed implementation of the civilian protection mandate. This chapter argues that when prevention fails, most future R2P cases needing coercive responses, including military force, will continue to require both coercion and consent, with legal authorization of the Security Council and active dialogue about how a state can best uphold its responsibility to protect and how the international community can both assist and compel them to do so.

scholarly journals R2P and the Arab Spring: Norm Localisation and the US Response to the Early Syria Crisis

2020 ◽  
Vol 12 (3) ◽  
pp. 246-270
Author(s):  
Benedict Docherty ◽  
Xavier Mathieu ◽  
Jason Ralph
Keyword(s):  
United States ◽  
United Nations ◽  
The United States ◽  
Democracy Promotion ◽  
Official Discourse ◽  
Foreign Intervention ◽  
The Us ◽  
Syrian Population ◽  
Alternative Means ◽  
The Arab Spring

This article explains why R2P failed to motivate action to protect vulnerable Syrians in the first two years of the crisis. We focus on the United States and argue that official discourse ‘localised’ the meaning R2P by grafting it on to preconceived ideas of America’s role in supporting democratic revolutions, which is how the situation was understood. American ‘exemplarism’ demanded the US support democracy by calling on Assad to go while not corrupting the ‘homegrown’ revolution through foreign intervention. The call for political and criminal accountability aligned exemplarist democracy promotion to R2P, but it did nothing to protect vulnerable populations from the conflict that ensued. This refraction of the norm complicated the United Nations sponsored peace process, which provided an alternative means of protecting the Syrian population. We address a gap in the literature by examining Western localisation and draw policy lessons, namely the importance of examining national predispositions when implementing R2P.

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