Issue 5

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.

 

 

Issue 1
Last Chance for Darfur (Read)

Issue 2
Paying Their Dues (Read)

Issue 3
Seizing the Multilateralist Moment (Read)

Issue 4
Season of the Blue Helmets (Read)

Issue 6
Tackling Proliferation (Read)

Issue 7
Renewing the US-UN Partnership against Terrorism (Read)

Issue 8
Keeping the Peace (Read)

 
 
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