Editors' introduction: The "Responsibility to Protect" (R2P) doctrine is a diabolical bit of psychological wizardry; a conceptual Trojan Horse designed to advance the cause of global governance on a moral platform. The purpose of the doctrine is to internationally legitimize and make legal wars of aggression against non-threatening nation-states. Strumming on emotional chords, a new music has been composed, helping power-hungry aggressors to gain entry into territories of otherwise reluctant sovereign states. Although every war in history has been accompanied by a multifaceted sales pitch--utilizing either fear, greed, ideology or religion; even lofty appeals for a better world--the R2P war is now waged with the exclusive appeal to "help" the helpless; to "save" people's lives. It is a media war; a war for the hearts and minds.
If only these altruistic appeals could be considered trustworthy; if only the one-sided claims of 'genocide' could be verified. They are not. That the establishment media maintains for the public a near-total blackout pertaining to matters of substance, a platform is being laid for these wars to continue. New legal norms are now being established without adequate knowledge, public participation or debate. The situation is so bizarre, in fact, that those opposing the current Libyan aggression have frequently and irresponsibly been painted as advocates of dictators or tyrants. This is modern democracy at its finest. Orwell himself wasn't so bold a visionary.
If only these altruistic appeals could be considered trustworthy; if only the one-sided claims of 'genocide' could be verified. They are not. That the establishment media maintains for the public a near-total blackout pertaining to matters of substance, a platform is being laid for these wars to continue. New legal norms are now being established without adequate knowledge, public participation or debate. The situation is so bizarre, in fact, that those opposing the current Libyan aggression have frequently and irresponsibly been painted as advocates of dictators or tyrants. This is modern democracy at its finest. Orwell himself wasn't so bold a visionary.
This was written nine years ago, and the R2P trail goes back even further still. Who among us was aware? Who among us was asked what we thought? Whatever the case--regardless of our ignorance yesterday or today--regardless of our feelings of powerlessness or apathy--we are here, this is our lot, and we must make an effort to deal with it. The Libyan operation is the first R2P operation sponsored by the United Nations, but unless we take action, unless we educate ourselves and others, it won't be the last. Already Syria is on the horizon; already Sudan looms largely; already Belarus beckons. We see the signs. We discern the true intent. And soon it will be our own sovereignty that sits in the cross hairs. We here write from the United States. We ask rhetorically, has not our Constitution already been stretched to the breaking point by these same people? Indeed it has but we are not alone. For these are not "mere words on paper"--there are real consequences, real harm to real people.
And although we may not understand the problem completely, we already know the remedy. The battle is waged first in the mind. These things can only come about when there is a psychological smokescreen to blind the world.
The Responsibility to Protect
By Gareth Evans and Mohamed Sahnoun
Originally published in Foreign Affairs
November/December 2002, Volume 81, Number 6
Images and captions added by Color Revolutions and Geopolitics
Revisiting Humanitarian Intervention
The international community in the last decade repeatedly made a mess of handling the many demands that were made for "humanitarian intervention": coercive action against a state to protect people within its borders from suffering grave harm. There were no agreed rules for handling cases such as Somalia, Bosnia, Rwanda, and Kosovo at the start of the 1990s, and there remain none today. Disagreement continues about whether there is a right of intervention, how and when it should be exercised, and under whose authority.
Gareth Evans |
Mohamed Sahnoun |
It is only a matter of time before reports emerge again from somewhere of massacres, mass starvation, rape, and ethnic cleansing. And then the question will arise again in the Security Council, in political capitals, and in the media: What do we do? This time around the international community must have the answers.1 Few things have done more harm to its shared ideal that people are all equal in worth and dignity than the inability of the community of states to prevent these horrors. In this new century, there must be no more Rwandas.
Secretary-General Kofi Annan, deeply troubled by the inconsistency of the international response, has repeatedly challenged the General Assembly to find a way through these dilemmas. But in the debates that followed his calls, he was rewarded for the most part by cantankerous exchanges in which fervent supporters of intervention on human rights grounds, opposed by anxious defenders of state sovereignty, dug themselves deeper and deeper into opposing trenches.
If the international community is to respond to this challenge, the whole debate must be turned on its head. The issue must be reframed not as an argument about the "right to intervene" but about the "responsibility to protect." And it has to be accepted that although this responsibility is owed by all sovereign states to their own citizens in the first instance, it must be picked up by the international community if that first-tier responsibility is abdicated, or if it cannot be exercised.
Sovereignty As Responsibility
Using this alternative language will help shake up the policy debate, getting governments in particular to think afresh about what the real issues are. Changing the terminology from "intervention" to "protection" gets away from the language of "humanitarian intervention." The latter term has always deeply concerned humanitarian relief organizations, which have hated the association of "humanitarian" with military activity. Beyond that, talking about the "responsibility to protect" rather than the "right to intervene" has three other big advantages. First, it implies evaluating the issues from the point of view of those needing support, rather than those who may be considering intervention. The searchlight is back where it should always be: on the duty to protect communities from mass killing, women from systematic rape, and children from starvation. Second, this formulation implies that the primary responsibility rests with the state concerned. Only if that state is unable or unwilling to fulfill its responsibility to protect, or is itself the perpetrator, should the international community take the responsibility to act in its place. Third, the "responsibility to protect" is an umbrella concept, embracing not just the "responsibility to react" but the "responsibility to prevent" and the "responsibility to rebuild" as well. Both of these dimensions have been much neglected in the traditional humanitarian-intervention debate. Bringing them back to center stage should help make the concept of reaction itself more palatable.
At the heart of this conceptual approach is a shift in thinking about the essence of sovereignty, from control to responsibility. In the classic Westphalian system of international relations, the defining characteristic of sovereignty has always been the state's capacity to make authoritative decisions regarding the people and resources within its territory. The principal of sovereign equality of states is enshrined in Article 2, Section 1, of the UN Charter, and the corresponding norm of nonintervention is enshrined in Article 2, Section 7: a sovereign state is empowered by international law to exercise exclusive and total jurisdiction within its territorial borders, and other states have the corresponding duty not to intervene in its internal affairs. But working against this standard has been the increasing impact in recent decades of human rights norms, bringing a shift from a culture of sovereign impunity to one of national and international accountability. The increasing influence of the concept of human security has also played a role: what matters is not just state security but the protection of individuals against threats to life, livelihood, or dignity that can come from from within or without. In short, a large and growing gap has been developing between international behavior as articulated in the state-centered UN Charter, which was signed in 1946, and evolving state practice since then, which now emphasizes the limits of sovereignty.
Crest of the Fabian Society |
Gaddafi waits to see if he qualifies for R2P intervention. |
Operation Just Cause
Q: What do you see? A: All I see is R2P. |
Why does the bar for just cause need to be set so high? There is the conceptual reason that military intervention must be very exceptional. There is also a practical political rationale: if intervention is to happen when it is most necessary, it cannot be called on too often. In the two situations identified as legitimate triggers, we do not quantify what is "large scale" but make clear our belief that military action can be legitimate as an anticipatory measure in response to clear evidence of likely large-scale killing or ethnic cleansing. Without this possibility, the international community would be placed in the morally untenable position of being required to wait until genocide begins before being able to take action to stop it. The threshold criteria articulated here not only cover the deliberate preparation of horrors such as in the cases of Bosnia, Rwanda, and Kosovo. They can also apply to situations of state collapse and the resultant exposure of the population to mass starvation or civil war, as in Somalia. Also potentially covered would be overwhelming natural or environmental catastrophes, in which the state concerned is either unwilling or unable to help and significant loss of life is occurring or threatened. What are not covered by our "just cause" threshold criteria are human rights violations falling short of outright killing or ethnic cleansing (such as systematic racial discrimination or political oppression), the overthrow of democratically elected governments, and the rescue by a state of its own nationals or foreign territory. Although deserving of external action--including in appropriate cases political, economic, or military sanctions--these are not instances that would seem to justify military action for human protection purposes.
Precautionary Principles
Of the precautionary principles needed to justify intervention, the first is "right intention." The primary purpose of the intervention, whatever other motives intervening states may have, must be to halt or avert human suffering. There are a number of ways of helping ensure that the criterion is satisfied. One is to have military intervention always take place on a collective or multilateral basis. Another is to look at the extant to which the intervention is actually supported by the people for whose benefit the intervention is intended. Yet another is to look to what extant the opinion of other countries in the region has been taken into account and is supportive. Complete disinterestedness may be an ideal, but it is not likely always to be a reality: mixed motives, in international relations as everywhere else, are a fact of life. Moreover, the budgetary cost and risk to personnel involved in any military action may make it imperative for the intervening state to be able to claim some degree of self-interest in the intervention, however altruistic its primary motive.
How Western media reports the Libyan bombing |
The video above captures just one brief moment in the entire NATO-led Libyan campaign, one the mainstream media just won't share. This is Tripoli, the capital of Libya, a modern coastal city of over two million people. In the language of R2P, the men with guns must necessarily be the "humanitarian" protectors of the Libyan population, seeing as how their cause has been taken up and sponsored by the United Nations on humanitarian grounds. Underneath the salesmanship, however, a different picture emerges...
The third principle is "proportional means": the scale, duration, and intensity of the planned military intervention should be the minimum necessary to secure the defined objective of protecting people. The scale of action taken must be commensurate with its stated purpose and with the magnitude of the original provocation. The effect on the political system of the country targeted should be limited to what is strictly necessary to accomplish the intervention's purpose. Although the precise practical implications of these strictures are always open to argument, the principles involved are clear enough.
Abdel Hakim al-Hasadi, the NATO operation's new military governor in Tripoli, Libya, is certainly no R2P angel, regardless of what the Western media now wants you to believe. In a recent interview, Dr. Webster Tarpley said this about al-Hasadi "He is a person who was a close friend of Bin Laden, trained with Bin Laden in Afghanistan at those camps. He organized Jihadists to go into Iraq and Afghanistan to kill US soldiers. He presumably has killed US soldiers himself...He is now directing a reign of terror [in Tripoli]...His signature is mass murder. He has left a trail of bodies across the globe. Right now you can even see on Aljazeera that they are singling out Black Libyans or indeed anybody Black. You can be from Fazan in Libya or you can be a guest worker from Mali or Chad or some other African countries and you are going to be prosecuted and hounded and maybe lynched and executed by these NATO puppet rebel forces...the current military governor needs to be arrested and put on trial for genocide" |
Whose Authority?
R2P implies global governance: thus spoke the editors of this website. |
UN headquarters, New York City |
UN General Assembly: fig leaf of legitimacy for R2P |
There are many reasons to be dissatisfied with the role that the Security Council usually plays: its generally uneven performance, its unrepresentative membership, and its inherent institutional double standards with the permanent-five veto power. But there is no better or more appropriate body than the Security Council to deal with military intervention issues for human protection purposes. The political reality--quite apart from the force of the argument in principle--is that if international consensus is ever to be reached about how military intervention should happen, the Security Council will clearly have to be at the heart of that consensus.
Raw power has a way of sorting out the legal nuance. |
The Problem of Political Will
Welcome to today's R2P propaganda... |
Part of the problem is that there are few countries in the global community who have the assets most in demand in implementing intervention mandates. There are real constraints on how much spare capacity exists to take on additional burdens. United Nations peacekeeping peaked in 1993 at 78,000 personnel; today, if NATO and other multinational force operations (e.g., in Afghanistan) are included along with UN missions, the number of soldiers in international peace operations has grown by about 45 percent, to 113,000. Even states willing in principle to look at new foreign military commitments need to make choices about how to use limited and strained military capabilities.
...one-sided stories, tugging on our emotions... |
Moral appeals inspire and legitimize in almost any political environment: political leaders often underestimate the sheer sense of decency and compassion that prevails among their electorates. Financial arguments also have their place: preventive strategies are likely to be far cheaper than responding after the event through military action, humanitarian relief assistance, postconflict reconstruction, or all three.
If coercive action is required, however, earlier is always cheaper than later. National interest appeals are the most comfortable and effective of all and can be made at many different levels. Avoiding the disintegration of a neighbor, given the refugee outflows and effective of all and can be made at many different levels. Avoiding the disintegration of a neighbor, given the refugee outflows and general regional security destabilization associated with it, can be a compelling motive in many contexts. National economic interests often can be equally well served by keeping resource supply lines, trade routes, in the past, nowadays peace is generally regarded as much better for business than is war.
...exploiting our guilt; our ignorance... |
For those domestic constituencies who may actually demand that their governments not be moved by altruistic "right intention," the best short answer may be that these days good international citizenship is a matter of national self-interest. With the world as interdependent as it now is, and with crises as capable as they now are of generating major problems elsewhere (such as terrorism, refugee outflows, health pandemics, narcotics trafficking, and organized crime), it is in every country's interest to help resolve such problems, quite apart from the humanitarian imperative.
...always telling us that we didn't do enough. |
Editors' Postscript (added September 15, 2011)
Canadian journalist Mahdi Nazemroaya spent two months in 2011 (primarily in Tripoli) covering the NATO-led and UN-sponsored assault on Libya. In the video below, he chats with James Corbett about his experience in the country, as well as offering his criticisms about how the Western media has been handling the reporting of this war.
Readers of this article that haven't familiarized themselves with non-mainstream first-hand accounts of this conflict, Mahdi Nazemroaya is one of a handful of English-speaking journalists that has a story to tell.
Authors' Footnote
1. In September 2000, the government of Canada established the ICISS. Our colleagues were Gisele Cote-Harper, Lee Hamilton, Michael Ignatieff, Vladimir Lukin, Klaus Naumann, Cyril Ramaphosa, Fidel Ramos, Cornelio Sommaruga, Eduardo Stein, and Ramesh Thakur. We met as a commission in Africa, Asia, Europe, and North America and consulted comprehensively in Latin America, the Middle East, Russia, and China. This article is a distillation of the report.
1. In September 2000, the government of Canada established the ICISS. Our colleagues were Gisele Cote-Harper, Lee Hamilton, Michael Ignatieff, Vladimir Lukin, Klaus Naumann, Cyril Ramaphosa, Fidel Ramos, Cornelio Sommaruga, Eduardo Stein, and Ramesh Thakur. We met as a commission in Africa, Asia, Europe, and North America and consulted comprehensively in Latin America, the Middle East, Russia, and China. This article is a distillation of the report.