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31. The new politics of protection? Côte d'Ivoire, Libya and the responsibility to protect

Author:
Alex J Bellamy and Paul D Williams
Publication Date:
07-2011
Content Type:
Journal Article
Institution:
Chatham House
Abstract:
The international responses to recent crises in Côte d'Ivoire and Libya reveal a great deal about the UN Security Council's approach to human protection. The Council has long authorized peacekeepers to use 'all necessary means' to protect civilians, in contexts including Haiti, the Democratic Republic of Congo (DRC), Sudan, Liberia, Sierra Leone, Burundi and Côte d'Ivoire. But Resolution 1973 (17 March 2011) on the situation in Libya marked the first time the Council had authorized the use of force for human protection purposes against the wishes of a functioning state. The closest it had come to crossing this line previously was in Resolutions 794 (1992) and 929 (1994). In Resolution 794, the Council authorized the Unified Task Force to enter Somalia to ease the humanitarian crisis there, but this was in the absence of a central government rather than against one—a point made at the time by several Council members. In Resolution 929 (1994), the Security Council authorized the French-led Operation Turquoise to protect victims and targets of the genocide then under way in Rwanda; this mission enjoyed the consent of the interim government in Rwanda as well as its armed forces. In passing Resolution 1973, the Council showed that it will not be inhibited as a matter of principle from authorizing enforcement for protection purposes by the absence of host state consent. Although its response in Libya broke new ground, it grew out of attitudes and processes evident well before this particular crisis. Most notably, the Council had already accepted—in Resolutions 1674 (2006) and 1894 (2009)—that it had a responsibility to protect civilians from grave crimes, and this was evident in a shift in the terms of its debates from questions about whether to act to protect civilians to questions about how to engage.
Topic:
Security, Government, and Politics
Political Geography:
Paris, Libya, United Nations, Balkans, Netherlands, Rwanda, Alabama, Ninewa, and Lower Dir

32. International Intervention in Local Conflicts: Crisis Management and Conflict Resolution since the Cold War

Author:
Emre İşeri
Publication Date:
07-2011
Content Type:
Journal Article
Journal:
The Rest: Journal of Politics and Development
Institution:
Centre for Strategic Research and Analysis (CESRAN)
Abstract:
At a time of Arab 'revolutions', particularly the one in Libya , once again - following the impotence of international community in Bosnia, Somalia and, Rwanda in the 1990s - there have emerged a heated debate on the concept of international intervention. This poses one of the toughest tests for an international society that is built on Westphalian principles of state sovereignty, non-intervention, and the non-use of force. It is expected from sovereign states to act as protectors of their citizens' security and well-being, but a hard question arises when states act like gangsters toward their own people and/or they are impotent to find a lasting peaceful solution to their local conflicts. Should those 'tyrannical' states be considered as legitimate actors of the international society and immune from international interventions? As related questions in this regard, what are the responsibilities of other states to enforce newly emerging global human rights norms against governments violating them? What are the obstacles on the way of effective international intervention? In the light of these questions, the volume is compiled of thirteen essays that were categorised into five parts examining the impact of international intervention on the resolution of local conflicts as well as the roles of local actors in determining the course.
Topic:
Cold War
Political Geography:
Bosnia, Libya, Arabia, Rwanda, and Somalia

33. Humanitarian Intervention Comes of Age

Author:
Jon Western and Joshua S. Goldstein
Publication Date:
11-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
No sooner had NATO launched its first air strike in Libya than the mission was thrown into controversy -- and with it, the more general notion of humanitarian intervention. Days after the UN Security Council authorized international forces to protect civilians and establish a no-fly zone, NATO seemed to go beyond its mandate as several of its members explicitly demanded that Libyan leader Muammar al-Qaddafi step down. It soon became clear that the fighting would last longer than expected. Foreign policy realists and other critics likened the Libyan operation to the disastrous engagements of the early 1990s in Somalia, Rwanda, and Bosnia, arguing that humanitarian intervention is the wrong way to respond to intrastate violence and civil war, especially following the debacles in Afghanistan and Iraq. To some extent, widespread skepticism is understandable: past failures have been more newsworthy than successes, and foreign interventions inevitably face steep challenges. Yet such skepticism is unwarranted. Despite the early setbacks in Libya, NATO's success in protecting civilians and helping rebel forces remove a corrupt leader there has become more the rule of humanitarian intervention than the exception. As Libya and the international community prepare for the post-Qaddafi transition, it is important to examine the big picture of humanitarian intervention -- and the big picture is decidedly positive. Over the last 20 years, the international community has grown increasingly adept at using military force to stop or prevent mass atrocities. Humanitarian intervention has also benefited from the evolution of international norms about violence, especially the emergence of “the responsibility to protect,” which holds that the international community has a special set of responsibilities to protect civilians -- by force, if necessary -- from war crimes, crimes against humanity, ethnic cleansing, and genocide when national governments fail to do so. The doctrine has become integrated into a growing tool kit of conflict management strategies that includes today's more robust peacekeeping operations and increasingly effective international criminal justice mechanisms. Collectively, these strategies have helped foster an era of declining armed conflict, with wars occurring less frequently and producing far fewer civilian casualties than in previous periods.
Topic:
Security, Foreign Policy, NATO, and United Nations
Political Geography:
Afghanistan, Iraq, Bosnia, Libya, Rwanda, and Somalia

34. Disrupting the Supply Chain for Mass Atrocities

Publication Date:
07-2011
Content Type:
Policy Brief
Institution:
Human Rights First
Abstract:
Mass atrocities are organized crimes. Those who commit genocide and crimes against humanity depend on third parties for the goods and services—money, matériel, political support, and a host of other resources—that sustain large-scale violence against civilians. Third parties have supplied military aircraft used by the Sudan Armed Forces against civilians, refined gold and other minerals coming out of eastern Democratic Republic of the Congo, and ensured a steady flow of arms into Rwanda. Governments seeking to prevent atrocities cannot afford a narrow and uncoordinated focus on the perpetrators of such violence. Rather, an effective strategy must include identifying and pressuring third-party enablers— individuals, commercial entities, and countries—in order to interrupt the supply chains that fuel mass violence against civilians.
Topic:
Political Violence, Crime, Ethnic Conflict, Genocide, Human Rights, and Human Welfare
Political Geography:
Africa, Democratic Republic of the Congo, and Rwanda

35. Behind the Facade of Rwanda's Elections

Author:
Filip Reyntjens
Publication Date:
09-2011
Content Type:
Journal Article
Journal:
Georgetown Journal of International Affairs
Institution:
Georgetown Journal of International Affairs
Abstract:
Rwanda is a de facto one-party state where the ruling party maintains a façade of legitimacy through a sham electoral process. The country's turbulent past has given rise to a tense, and at times, violent political environment. The international community must develop a comprehensive strategy with the people of Rwanda to establish a legitimate and functioning democratic process.
Topic:
Environment
Political Geography:
Rwanda

36. The International Residual Mechanism and the Legacy of the International Criminal Tribunals for the former Yugoslavia and Rwanda

Author:
Gabrielle Bardall
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
By Security Council Resolution 1966 (2010), the Security Council established the International Residual Mechanism for Criminal Tribunals as the legal successor to the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. In the creation of the Residual Mechanism, the Security Council appears to have intended to ensure the continuation of the work of the Tribunals and thereby safeguard their legacies. Accordingly, the Statute of the Residual Mechanism continues the jurisdiction of the Tribunals, mirrors in many respects the structures of the Tribunals, and ensures that the Residual Mechanism's Rules of Procedure and Evidence are based on those of the Tribunals. However, the Statute of the Residual Mechanism is silent with regard to the weight the Judges of the Residual Mechanism must accord to ICTY and ICTR judicial decisions. While there is no doctrine of precedent in international law or hierarchy between international courts, this omission by the Security Council does have the potential to negatively impact the legacies of the Tribunal by allowing for departures by the Residual Mechanism from the jurisprudence of the Tribunals, which lead to similarly situated persons being dissimilarly treated. Nevertheless, even if the Residual Mechanism does adopt the jurisprudence of the Tribunals as its own, as a separate legal body it will still have to answer constitutional questions regarding the legitimacy of its establishment by the Security Council. While it can be anticipated that the Residual Mechanism will find itself validly constituted, the wisdom of the Security Council's decision to artificially end the work of the Tribunals by the establishment of the Residual Mechanisms will ultimately turn upon the question of whether any inherent unfairness could be occasioned to persons whose proceedings are before the Residual Mechanism. It will be suggested that the Security Council has provided the Residual Mechanism with sufficient tools to ensure that its proceedings are conducted in para passu with those of the Tribunals and that the responsibility of ensuring the highest standards of international due process and fairness falls to the Judges of the Residual Mechanism.
Topic:
Security
Political Geography:
Yugoslavia and Rwanda

37. Great Expectations: UN Peacekeeping, Civilian Protection, and the Use of Force

Author:
Alan Doss
Publication Date:
12-2011
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
The proliferation of intra-state conflicts in the post-Cold War era has led to a substantial increase in the number of United Nations (UN) peacekeeping operations, resulting in the creation of forty-eight peacekeeping missions since 1990. The unprecedented challenges faced in the 1990's – and in particular, the failures in Rwanda, Srebrenica, and Somalia – obliged the UN to revisit and rethink its peacekeeping strategies.
Topic:
Conflict Prevention, Security, Cold War, United Nations, and Peacekeeping
Political Geography:
Rwanda and Somalia

38. The Future of Peacekeeping in Africa and the Normative Role of the African Union

Author:
Charles Riziki Majinge
Publication Date:
08-2010
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
While it has been the responsibility of the United Nations to conduct peacekeeping operations on the continent, the trend is gradually changing. African Union and its regional organizations (RECs) are increasingly assuming responsibility of securing peace and stability on the continent. Many reasons militate in favour of this trend. Chiefly the unwillingness of the United Nations Security Council and of the developed countries to intervene timely and adequately to avert humanitarian catastrophes as happened in Rwanda, Southern Sudan and Angola. Furthermore, the desire of Africa to take steps to address its own problems without heavily relying on assistance from the international community whose availability is neither assured nor sufficient. This contribution argues that Africa can no longer expect the international community to shoulder the burden of peacekeeping in some of the most intractable conflicts on the continent without taking steps to participate actively in the process itself. While Africa has expressed its desire to address its own problems through the vision of “African solutions for African Problems”, African leaders must show greater willingness to fund and strengthen institutions they establish to carry out this vision. Lastly, the paper contends that the international community, especially the developed states, should take genuine and adequate measures to assist Africa realize its vision. A strong African Union capable of securing peace and stability on the continent is in the best interests not only of Africa but also of the international community as a whole.
Political Geography:
Africa, Sudan, Rwanda, and Angola

39. (Re) Covering the Past, Remembering the Trauma: The Politics of Commemoration at Sites of Atrocity.

Author:
Lisa M. Moore
Publication Date:
05-2010
Content Type:
Journal Article
Journal:
Woodrow Wilson School Journal of Public and International Affairs
Institution:
Woodrow Wilson School of Public and International Affairs, Princeton University
Abstract:
A recent survey of victims of violence reported that memorialization was prioritized as the second most valuable form of state reparations following monetary compensation (Brett, et al 2008, 2). In part, it is perhaps this impetus to bear witness to the suffering of victims that has given rise to a proliferation of memorials in recent decades, including those marking genocide in Rwanda, Cambodia, and Bosnia, violent repression in Argentina and Chile, wars of liberation in Bangladesh and Palestine, nuclear disaster at Chernobyl, and terrorism in Madrid and New York. As a form of transitional justice, memorials have too often been relegated to the domain of artists and architects whereas they represent a strategic resource in conflict and peace.
Topic:
Genocide, Terrorism, and War
Political Geography:
Bangladesh, New York, Bosnia, Argentina, Palestine, Cambodia, Rwanda, and Chile

40. Spoiling Inside and Out: Internal Political Contestation and the Middle East Peace Process

Author:
Wendy Pearlman
Publication Date:
03-2009
Content Type:
Journal Article
Journal:
International Security
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
Of the thirty-eight peace accords signed between 1988 and 1998, thirty-one failed to last more than three years. Contributing to their failure was the behavior of so-called spoilers: those who use violence or other means to undermine negotiations in the expectation that a settlement will threaten their power or interests. The stakes for understanding spoiler behavior are high. Where parties kept spoilers at bay, such as in Guatemala and South Africa, years of bloody conflict gave way to successful transitions to peace and democracy. Where spoilers proved triumphant, such as in Angola and Rwanda, the violence ensuing after a peace accord failed was more horrific than what had preceded it.
Political Geography:
Middle East, South Africa, Rwanda, Angola, and Guatemala