| Darfur
and Beyond: (PDF)
Using the Responsibility to Protect
to Prevent Mass Atrocities
by Lee Feinstein, Council on Foreign
Relations Senior Fellow
Profound changes in international security
over the last few years, and the related
changes in how and what states view as
security dangers, have the potential to
erode some of the barriers to preventing
and stopping genocide, which has accounted
for as many as 20 million deaths in 29
countries over the past 50 years.
One year ago the United Nations formally
endorsed a principle known as the “responsibility
to protect,” the idea that mass
atrocities that take place in one state
are the concern of all states. The
universal adoption of this principle at
the United Nations World Summit in 2005
went relatively unnoticed. Yet it
was a turning point in how states define
their rights and responsibilities.
The
General Assembly's endorsement of this
revolutionary idea removes blind reverence
for national sovereignty as an excuse
to look the other way when innocents are
being wiped out. In elevating this
principle, the nations of the world said
that they prioritize the right of people
to live over the right of states to do
as they please. The question now
is whether this pledge was humanitarian
hypocrisy, or did they have something
serious in mind?
The
responsibility to protect is often mistakenly
understood to be a doctrine governing
the use of military force for humanitarian
protection. It is not. The responsibility
to protect, instead, implies a responsibility
of the broader international community
to “react” when states are
unwilling or unable to protect those living
within their borders from grave harm.
The international action that is implied
can be political, diplomatic, economic,
or military. In truth, options that fall
well short of force are almost always
preferable. They are politically easier
to initiate and sustain; they avoid the
inherent risks of war; and they can often
be more effective, especially if pursued
early and shrewdly.(1)
The most effective actions, in
fact, may be those undertaken cooperatively,
with the government of concern, rather
than against it. The United Nations has
relevant capacity to “assist”
governments in a broad range of areas,
including building more effective judicial
systems and law enforcement, demobilization
of combatants, short- and long-term economic
assistance, and human rights education
and training. The Office of the Special
Adviser for the Prevention of Genocide
has initiated a study to identify the
specific types of assistance that might
be provided. The advantage of a cooperative
approach is that it sends a clear message
to the state of concern by setting an
expectation of proper behavior. A state’s
response to offers of assistance would
give a clearer indication of state complicity
and, if necessary, build a case for more
robust international action later.
When
a cooperative approach does not sufficiently
mitigate the risk of mass atrocities,
international action, including the threat
or application of sanctions, may be appropriate.
Sanctions fall into three broad categories:
political and diplomatic, economic, and
military. Sanctions that target leadership
groups, individuals, and organizations
have emerged as an increasingly important
alternative to the blunt instrument of
broad-gauge sanctions.
Political
and diplomatic measures might include
restricting or limiting diplomatic representation.
They may include restrictions or the threat
of restrictions on travel, particularly
against specific leaders and their families.
Suspending a government’s
membership in an international or regional
body is another option. The threat of
legal action against individuals and leaders
responsible for war crimes is another
effective policy tool.
Economic
sanctions might include targeting the
foreign assets of a country, rebel movement,
or terrorist group, or the foreign assets
of a particular leader, including members
of his or her family.Restrictions on income-generating
activities, such as oil, diamonds, logging,
and drugs, are another important type
of targeted sanction because it is often
easier to get at the activities than at
the hidden funds they generate.
Military
measures can include ending military cooperation
or military training; arms embargoes on
weapons, ammunition, or spare parts; military
cooperation with regional organizations
or neighboring armies; preventive military
deployments to stanch the spread of a
civil conflict; enforcement of no-fly
zones; and naval blockades, among many
others.
In
extreme cases, or to stabilize a situation
after a peace is established, some kind
of military action may be needed. The
far end of that spectrum is “forcible
humanitarian intervention.” The
UN Security Council may be asked to authorize
such military interventions, but the United
Nations is itself unsuited to conduct
them, and they are appropriately shunned
by its Department of Peacekeeping Operations.
The difficulty and inherent risks of high-intensity
combat operations generally require leadership
by a single nation, militarily competent
group of nations, or regional organizations,
rather than a UN force.
UN
operations, however, can be and are often
essential to the atrocity prevention mission.
There can be no exit for combat forces
deployed to stop or prevent mass atrocities
without competent forces to conduct stabilization
and reconstruction following closely behind.
This is precisely the role that UN troops
filled in Kosovo, and UN troops performed
a similar role in East Timor.
Other
UN operations that can be relevant to
the genocide prevention mission include
the “preventive deployment”
of troops, such as the 1995 deployment
of blue-helmeted peacekeepers (mostly
American) to contain the spread of war
and ethnic cleansing in the Balkans, and
the deployment of “interposition”
forces, such as the French and UN troops
sent to patrol a buffer zone between Côte
d’Ivoire’s warring parties
in 2004.
If
Darfur is the first test case of the “responsibility
to protect,” there is no point in
denying that the world is failing its
entrance exam.(2) By
the end of 2006, an estimated 250,000
people had died as a result of the conflict,
and nearly 3 million out of a total population
of 6 million Darfuris were displaced.
The UN estimates that 40 percent of Darfuris
now depend on outside assistance for their
survival.
Summoning
the political will to take risks is the
main obstacle to converting the responsibility
to protect into a program of action. Although
the responsibility for atrocities against
the African minority in western Sudan
rests with the Khartoum government, the
failure to stop the killing is a collective
one.
Some
have blamed the United Nations, and the
presence of non-democracies on the Security
Council, including veto-holding members,
for the failure to apply the responsibility
to protect in Darfur.(3)
Nonetheless, the Security Council has
succeeded in producing a series of resolutions
on Darfur since 2003, including resolution
1706, passed August 31, 2006, which specifically
connects the responsibility to protect
to Darfur -- the first time the Security
Council invoked the principle in relation
to a particular conflict. The Security
Council has also authorized a ban on Sudanese
military flights, referred indicted war
criminals to the International Criminal
Court in March 2005, and created a pathway
for sanctions on certain financial interests
of the Sudanese leadership.
Criticism
of the United Nations is a form of self-criticism.
The United Nations system was designed
by its American framers not to be able
to act decisively without great power
consensus. Structural sloth is a built-in
protection against a UN that acts without
the consent of its most prominent members.
These structural impediments both frustrate
and serve larger U.S. interests.
Neither
the United States nor the other democracies
on the Council is pressing to carry out
the un-enforced Security Council resolutions.
In the case of Darfur, the world’s
militarily capable and prosperous states,
generally democracies, have been unwilling
to take risks for a humanitarian principle
that does not touch their vital national
security interests. As Newt Gingrich and
George Mitchell wrote recently, “On
stopping genocide, all too often ‘the
United Nations failed’ should actually
read ‘members of the United Nations
blocked or undermined action by the United
Nations.’”(4)
The
evidence of the past three years is that
the world is not prepared to use force
or even concerted pressure to force the
government of Sudan to end its military
campaign in western Sudan. In the absence
of international will, Khartoum will retain
the capability to act with impunity, opening
the possibility of further war crimes
in Darfur, and deepening the possibility
that a conflict that is seeping across
borders will engulf the region. The weak
international response to date is discouraging.
The question is whether the prospect of
a second wave of atrocities will compel
governments to act.
Darfur
illustrates the difficulties in converting
the principles of the responsibility to
protect into a program of action. Focusing
on diplomacy now will be read by Khartoum
as a permission slip to do as it pleases.
Military action may be the only way to
get Sudan to relent, yet it is dangerous,
not guaranteed to succeed, and, as a consequence,
unlikely to receive broad international
political support.
The
long-term goal is to avoid the stark options
of “Doing Nothing” and “Sending
in the Marines.” That requires establishing
a pattern of early and effective international
response at the first signs of concern.
The place to start is with concrete steps
to build capacity -- diplomatic, economic,
legal, and military -- in support of the
principle of humanitarian protection.
In
adopting the responsibility to protect
last year, the United Nations accepted
the principle that mass atrocities that
take place in one state are the concern
of all states. The new Secretary-General,
Ban Ki-moon, should begin by taking the
General Assembly’s endorsement of
the responsibility to protect as a mandate
and a mission statement. The goal, as
the Secretary-General himself said, should
be to "operationalize" the responsibility
to protect by building up the UN's capacity
to respond early and effectively at the
first sign of concern. Economic and militarily
capable states and organizations including
the United States must also take steps
to bolster UN action and to be available
when the UN is not.
Recommendations
-
The United Nations should
develop a set of steps that can be taken,
first in cooperation with a state or
group, where there is a concern about
the national or ethnic character of
violence. These measures should include
offers of human rights training, assistance
in establishing effective judicial systems
and law enforcement, the dispatch of
UN diplomats to resolve disputes, economic
assistance, and fact-finding missions.
- The
United States and the other major financial
contributors to UN peacekeeping should
announce their support for the establishment
of a strategic reserve of forces designated
by countries to be available to peacekeeping
missions if the Security Council authorizes
a mission. Designated troops of an international
reserve force could not be deployed
without a national decision to do so.
Such forces would exercise with one
another, and would be trained to international
standards. Countries would get modest
payments to prepare forces, supplemented
by additional payments when and if they
are called into action.
- To respond quickly and effectively
to new or expanded Security Council
mandates, the United States should support
a proposal now before the General Assembly
to create a pool of 2,500 civilians
who would permanently be on call for
peacekeeping missions.This would provide
a cadre of trained professionals around
which the Department of Peacekeeping
Operations could rapidly expand or adjust
to changing peacekeeping demands.
- The United States should support a
recommendation for the permanent Security
Council members to withhold the use
of the veto in the case of dire humanitarian
need, except when their own vital national
security interests are at stake. Such
an informal agreement would remove another
obstacle to early Security Council action.
- The United States should support the
discretionary authority of the UN Special
Adviser on Genocide to brief the UN
Security Council. This office should
have adequate resources. The job of
the special adviser should be converted
into a full-time position, and additional
staff should be assigned to the office
to consolidate reporting functions in
this office. The special adviser can
minimize controversy by reporting on
regions of concern in an annual report,
which would provide a baseline for other
investigations.
- The Geneva-based Office of the High
Commissioner for Human Rights is an
underutilized resource in helping to
prevent and deter atrocities. High Commissioner
Louise Arbour has proposed the early
deployment of human rights officers
to crisis situations to provide timely
information and draw attention to situations
requiring action. Human rights advisers
may also collect information that might
be helpful to future criminal prosecutions,
also serving a deterrent role.
This
essay was adapted from the Council on
Foreign Relations’ Council Special
Report No 22, “ Darfur and Beyond:
What is Needed to Prevent Mass Atrocities”
by Council on Foreign Relations Senior
Fellow Lee Feinstein.
1)
Richard N. Haass and Meghan L. O’Sullivan,
eds., Honey and Vinegar: Incentives,
Sanctions, and Foreign Policy ( Washington,
DC: Brookings Institution Press, 2000).
2)
International Crisis Group (ICG), “Getting
the UN into Darfur,” Africa
Briefing No. 43. Nairobi/Brussels,
October 12, 2006; Joseph Loconte, “The
Failure to Protect: Lessons from Darfur,”
The American Interest, Vol.2,
No. 3, January/February 2007.
3)
See Loconte, “The Failure to Protect:
Lessons from Darfur.”
4)
Newt Gingrich and George Mitchell, American
Interests and UN Reform: A Report of the
Congressional Task Force on the United
Nations ( Washington, DC: United
States Institute of Peace, 2005), p. 4.
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