Professional Documents
Culture Documents
I.) Introduction
The "Responsibility to Protect"-Doctrine (R2P) is not as much
an obstacle to ending human suffering in war-torn countries as its
detractors maintain. Originally conceived as a UN-sponsored attempt
to provide the international community with a more efficient
instrument for preventing or halting mass violence and human rights
violations, it was hoped that R2P would overcome the controversies
frequently associated with humanitarian interventions.1 Yet ever
since its conception, R2P has likewise met with extensive criticism in
regard to some of its key tenets.2 In particular it is argued that a
potential military intervention in governments' internal affairs not
only constitutes an encroachment upon state sovereignty,3 but also
merely serves as a pretext of stronger states to impose their will and
power upon weaker ones.4
In the context of western calls for foreign involvement in the
ongoing Syrian civil war, R2P accordingly figures as a particularly
delicate issue. Yet whereas international observers such as David
Petrasek contend that R2P's failure to stop human suffering in Syria
is primarily due to its "illusory military solutions",5 this essay will
argue instead that R2P has been unsuccessful because the human
tragedy presently unfolding in Syria is still not universally recognized
as an incidence of wide-scale aggression which beyond humanitarian
exigencies for intervention could ultimately also easily evolve into a
1
Alex J. Bellamy, Responsibility to Protect (Cambridge: Polity Press, 2009), pp. 35-65.
See in particular Philip Cunliffe (ed.), Critical Perspectives on the Responsibility to Protect:
Interrogating Theory and Practice (New York: Taylor and Francis e-Library, 2011).
3
Mohammed Ayoob, "Humanitarian Intervention and State Sovereignty", The International Journal
of Human Rights, Vol. 6:1 (2002), p. 92.
4
Alex de Waal, "No Such Thing as Humanitarian Intervention: Why We Need to Rethink How to
Realize the 'Responsibility to Protect'", Harvard International Review, December 2007.
http://www.globalpolicy.org/component/content/article/154/26062.html [accessed 23 May 2014];
Aidan Hehir, Humanitarian Intervention: an Introduction (Basingstoke, Hampshire: Palgrave
Macmillan, 2010), p. 121; "An idea whose time has comeand gone?", The Economist, 23 July 2009.
http://www.economist.com/node/14087788 [accessed 23 May 2014].
5
David Petrasek, "R2P-hindrance not a help in the Syrian crisis", Open Democracy, 13 September
2013.
http://www.opendemocracy.net/openglobalrights/david-petrasek/r2p-%E2%80%93hindrance-not-help-in-syrian-crisis [accessed 21 May 2014].
2
international
norm
by
the International
Commission
on
Humanitarian intervention shall be defined as the involvement of foreign powers in the internal
affairs of sovereign nation-states that need, however, not necessarily signify the use of military
force, but may instead primarily compromise other coercive and non-forcible means such as
international sanctions or material/financial assistance for ending human suffering within their
territorial boundaries. See David J. Scheffer, "Towards a Modern Doctrine of Humanitarian
Intervention", University of Toledo Law Review, Vol 23. (1992), pp. 253-274.
ICISS, "The Responsibility to Protect", Report of the International Commission on Intervention and
State Sovereignty (New York: ICISS, December 2001). Document available at:
http://responsibilitytoprotect.org/ICISS%20Report.pdf [accessed 21 May 2014]; United Nations
World Summit Outcome Document 2005 (New York: United Nations, 2005).
http://www.who.int/hiv/universalaccess2010/worldsummit.pdf [accessed 23 May 2014].
8
Cristina G. Badescu, Humanitarian Intervention and the Responsibility to Protect: Security and
Human Rights (New York: Taylor and Francis e-library, 2010), p. 110; Aidan Hehir and Philip Cunliffe,
"The responsibility to protect and international law", in: Philip Cunliffe (ed.), Critical Perspectives on
the Responsibility to Protect: Interrogating Theory and Practice (New York: Taylor and Francis eLibrary, 2011), pp. 84100; Ban Ki-moon, Implementing the Responsibility to Protect (A/63/677)
(New York: United Nations, 2009). http://www.unrol.org/files/SG_reportA_63_677_en.pdf [accessed
22 May 2014].
6
aban Karda, "Humanitarian Intervention as a Responsibility to Protect: An International Society
Approach", A Journal of Foreign Policy and Peace, Vol. 2:1 (January 2013), pp. 27-29.
10
David Petrasek, "R2P-hindrance not a help in the Syrian crisis", op.cit.
Hedley Bull, Intervention in World Politics (Oxford: Clarendon Press, 1984), p. 195.
C.A.J. Coady, "The Ethics of Armed Humanitarian Intervention", THE USIP Peaceworks No. 45
(Washington, D.C.: United States Institute of Peace, 2002), p. 26.
13
Karda, p. 28.
14
. Coady, p. 26
15
Karda, p. 28.
16
Justin Morris, "Libya and Syria: R2P and the Spectre of the Swinging Pendulum", International
Affairs, Vol. 89:5 (September 2013), p. 1272.
12
alone
informed
the
former's
approach
to
that
17
Yet
despite
its
many
shortcomings,
the
military
On the Human Rights situation in Libya under Muammar Gaddafi, see in particular: Morayef Heba,
Truth and Justice Can't Wait: Human Rights Development in Libya and Institutional Obstacles (New
York: Human Rights Watch, 2009).
23
Chris McGreal, Harriet Sherwood, Nicholas Watt and Ian Traynor, "Libyan revolutionary council
rejects
African
Union's
peace
initiative",
The
Guardian,
11
April
2011.
http://www.theguardian.com/world/2011/apr/11/libyan-rebels-reject-peace-initiative [accessed 26
May 2014].
24
"Ban Ki-moon alarmed over rising civilian toll in Libya", The Telegraph, 12 August 2011.
http://www.telegraph.co.uk/news/worldnews/africaandindianocean/libya/8696961/Ban-Ki-moonalarmed-over-rising-civilian-toll-in-Libya.html [accessed 21 May 2014].
25
Petrasek, "R2P-hindrance not a help in the Syrian crisis", op.cit.
confirming
their
apparent
disinclination
to
place
26
"Russia, China block second draft of resolution on Syria", The Voice of Russia, 10 June 2011.
http://voiceofrussia.com/2011/06/10/51517343/ [accessed 7 April 2014]; "China and Russia veto UN
resolution condemning Syria", BBC News, 5 October 2011. http://www.bbc.co.uk/news/worldmiddle-east-15177114 [accessed 7 April 2014]; Steve Gutterman, "Russia won't back U.N. call for
Syria's Assad to go", Reuters, 27 January 2012. http://www.reuters.com/article/2012/01/27/us-syriarussia-idUSTRE80Q0I620120127 [accessed 7 April 2014]; Neil MacFarquhar and Anthony Shadid,
"Russia and China Block UN Action on Crisis in Syria, The New York Times, 4 February 2012.
http://www.nytimes.com/2012/02/05/world/middleeast/syria-homs-death-toll-said-torise.html?pagewanted=1&hp&_r=0 [accessed 7 April 2014].
27
th
Minutes of 6627 UN Security Council Meeting, op.cit.
28
United Nations Security Council Resolution 1975 on Cte d'Ivoire (New York: United Nations,
2011). http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/1975%282011%29 [accessed
21 May 2014];
United Nations Security Council Resolution 2085 on Mali (New York: United Nations, 2012).
http://www.un.org/ga/search/view_doc.asp?symbol=S/RES/2085%20%282012%29 [accessed 21
May 2014].
the
supposedly
incompatible
principles
of
state
Saibal Dasgupta, "China opposed to UN resolution on Libya", The Times of India, 18 March 2011.
http://timesofindia.indiatimes.com/world/china/China-opposed-UN-resolution-onLibya/articleshow/7736989.cms?referral=PM [accessed 7 April 2014].
30
Azuolas Bagdonas, "Russias's Interests in the Syrian Conflict: Power, Prestige, Profit", European
Journal of Economic and Political Studies, Vol. 5:2 (December 2012), pp. 55-77.
sovereignty and territorial jurisdiction that sought to reduce interstate conflicts by not only prohibiting any outside interference in
states' domestic affairs,31 but by moreover assuming a primacy of the
state over the rights of individual citizens and thus, as Robert
Jackson notes, ultimately also of the principles of sovereignty and
non-intervention over human rights.32 As a result, strict adherence to
these norms is seen as a fundamental prerequisite for preserving the
peace and stability of the international order, in particular as
interference in states' internal activities is believed to produce
disruptive and destabilizing effects on the international community as
a whole.33 Since non-intervention thus basically serves the dual
purpose of protecting state autonomy and preventing the resurgence
of inter-state conflict, it is held as a cornerstone of international
stability that must be given absolute priority over any secondary
concerns arising from the imperfect nature of world politics,34
including
domestic
human
rights
violations
by
sovereign
R. J. Vincent, Human Rights and International Relations (Cambridge: Cambridge University Press,
1986), pp. 113-114.
32
Robert H. Jackson, "Armed Humanitarianism", International Journal, Vol. 48:4 (Autumn 1993), pp.
582-583.
33
Karda, p. 25, 27; Hedley Bull, Anarchical Society (New York: Columbia University Press, 1995), p.
85.
34
Stanley Hoffmann, "Sovereignty and the Ethics of Intervention", in: Stanley Hoffmann (ed.), The
Ethics and Politics of Humanitarian Intervention (Notre Dame: University of Notre Dame Press, 1996),
p. 12; Lori F. Damrosch, "Introduction", in: Lori. F. Damrosch, Enforcing Restraint: Collective
Intervention in Internal Conflict (New York: Council on Foreign Relations Press, 1993), p. 8.
35
Karda, p. 27.
36
Nicholas Wheeler and Justin Morris, "Humanitarian Intervention and State Practice at the End of
the Cold War", in: Rick Fawn and Jeremy Larkins (eds.), International Society after the Cold War:
Anarchy and Order Reconsidered (London: Macmillan Press, 1996), p. 166.
10
humanitarian
interventions
are,
however,
likewise
be
disproportionate
to
another."44
Thus
humanitarian
peace
and
stability.45
Consequently,
supporters
of
42
Albrecht Schnabel, "Humanitarian Intervention: A Conceptual Analysis", in: S. Neil MacFarlane and
Hans-Georg Ehrhart (eds.), Peacekeeping at a Crossroads (Clementsport: The Canadian Peacekeeping
Press, 1997), p. 27.
43
Ayoob, pp. 85-86.
44
Coady, p. 27.
45
For instance in Chechnya or Tibet. Coady, p. 25., 27.
46
See Stanley Hoffmann, World Disorders: Troubled Peace in the PostCold War Era (Lanham,
Md.: Rowman and Littlefield, 1998), pp. 161164.
11
47
12
51
Karda, p.35; Ban Ki-moon, Implementing the Responsibility to Protect (A/63/677) (New York:
United Nations, 2009), pp. 7-8. http://www.unrol.org/files/SG_reportA_63_677_en.pdf [accessed 22
May 2014].
52
Karda, p. 31.
53
Kofi Annan, "Two Concepts of Sovereignty", The Economist, 16 September 1999.
http://www.economist.com/node/324795 [accessed 27 May 2014].
54
Karda, pp. 31-32.
55
Paragraph 139 of United Nations World Summit Outcome Document 2005, op. cit.
56
Karda, p. 32.
57
Ayoob, p. 97.
58
Ban Ki-moon, Implementing the Responsibility to Protect, pp. 7-8.
13
acceptable socioeconomic
all
where
sovereign
authorities
are
unwilling
to
See Human Rights Watch World Report 2010 (New York: Human Rights Watch, 2010), p. 555;
Amnesty International Report 2009: Syria. http://report2009.amnesty.org/en/regions/middle-eastnorth-africa/syria [accessed 23 May 2014]; Suzanne Saleeby, "Sowing the Seeds of Dissent: Economic
Grievances and the Syrian Social Contract's Unravelling", Jadaliyya, 16 February 2012.
http://www.jadaliyya.com/pages/index/4383/sowing-the-seeds-of-dissent_economic-grievances-an
[accessed 23 May 2014].
60
See Stanley Hoffmann, "Sovereignty and the Ethics of Intervention", in: The Ethics and
Politics of Humanitarian Intervention (Notre Dame, Ind.: University of Notre Dame Press, 1996),
pp. 2829.
61
Michael J. Glennon, "The New Interventionism: The Search for a Just International Law", Foreign
Affairs, Vol. 78:3 (May/June 1999), p.2.
62
Glennon, pp. 3-5.
14
63
15
67
Ken Menkhaus, "Quasi-States, Nation-Building, and Terrorist Safe Havens", Journal of Conflict
Studies, Vol. 23:2 (Fall 2003), pp. 723; Stewart Patrick, "Failed States and Global Security: Empirical
Questions and Policy Dilemmas", International Studies Review, Vol. 9:4 (Winter 2007), pp. 644-662;
Robert I. Rodberg, State Failure and State Weakness in a Time of Terror (Washington, D.C.: Brookings
Institution Press, 2003).
68
Kenneth M. Pollack and Ray Takeyh, "Near Eastern Promises. Why Washington Should Focus on
the Middle East", Foreign Affairs, Vol. 93:3 (May/June 2014), pp. 96-99.
69
Andrew J. Tabler, "Syria's Collapse. And How Washington Can Stop It", Foreign Affairs, Vol. 92:4
(July/August 2013), pp. 90-91.
70
Pollack and Takeyh, p. 96, 99; "Syrian War Worsens Lebanons Malaise", IISS Strategic Comments,
Vol. 19:25 (September 2013) (London: The International Institute for Strategic Studies, 2013).
http://www.iiss.org/-/media/Silos/Strategic%20comments/2013/Syrian-war-worsens-Lebanon--39-smalaise/Syrian-war-worsens-Lebanon--39-s-malaise.pdf [accessed May 26 2014].
16
and
security,
but
ultimately
also
those
of
the
wider
international community.72
After all, a state may not only harm other countries through
offensive military operations against their immediate territorial
integrity; instead it might also endanger them by a repressive
handling of its own internal problems. In Syria, Assad's brutal
crackdown against his own people thus precipitated a situation that
could easily jeopardize other nations' security as well-not through
any direct external aggression, but rather through governmental
negligence to likewise meet the Syrian state' responsibilities towards
other nations, notably by maintaining such
73
Hence it is a
71
Chu Shulong, "China, Asia and Issues of Sovereignty and Intervention", Pugwash Occasional
Papers, Vol. 2:1 (January 2001). http://www.pugwash.org/reports/rc/como_china.htm [accessed 23
May 2014].
72
Ayoob, p. 84.
73
Richard Outzen, "The Flawed Strategic Debate on Syria", INSS CSR Strategic Forum No. 285,
January 2014 (Washington D.C.: Institute for National Strategic Studies, 2014), pp. 1-12.
http://inss.dodlive.mil/files/2014/04/SF-285.pdf [accessed 26 May 2014].
17
nothing but only further prejudice the chances for sustained peace
and security.
In that regard, Russian and Chinese understanding of the
Assad regime as a reliable actor against trans-national terrorism is
essentially confusing cause for effect.74 More specifically, what now
appears a country riven by multiple terrorist networks was, at least
initially, not an instance of religiously motivated terrorism.75 Instead
popular opposition to the Assad regime was clearly national rather
than ideological in nature, with Islamic extremists only subsequently
joining in.76 Yet by continuing to back a repressive regime while
simultaneously ignoring those suffering under it, such an approach is
arguably more likely to spur rather than to contain or eliminate
regional terrorism.77 Consequently, it is crucial to no longer see
Assad's actions as a self-proclaimed attempt to crush international
terrorism,78 but rather as the root cause for helping it gain a foothold
in an already volatile region in the first place.
In so doing, even the Syrian governments' staunchest allies
should realize that Assad is ultimately anything but a safeguard
against international terrorism. Quite to the contrary, Assad has
allowed a situation to arise in which terrorist elements have found
fertile breeding grounds for eventually waging their ideological war
against other countries as well.79 If government malpractices can
74
See Vladimir V. Putin, "A Plea for Caution From Russia", The New York Times, 11 September 2013.
http://www.nytimes.com/2013/09/12/opinion/putin-plea-for-caution-from-russia-onsyria.html?_r=0 [accessed 22 May 2014].
75
On 'new terrorism', i.e. networked terrorist groups supposedly driven by religious rather than by
political objectives, see in particular Michael Stohl, "Myths, new fantasies and the enduring realities
of terrorism", Critical Studies on Terrorism, Vol. 1:1 (2008), pp. 5-16; and David Tucker, "What's New
About the New Terrorism and How Dangerous Is It", Terrorism and Political Violence 13 (Autumn
2011), pp. 1-14.
76
Tabler, p. 98.
77
Simon Tisdall, "Forget Ukraine, Syria is now the world's biggest threat", CNN, 3 April 2014.
http://edition.cnn.com/2014/04/03/opinion/syria-refugees-tisdall/index.html?hpt=hp_c1 [accessed
27 May 2014].
78
"Syria's Assad determined to 'eradicate terrorism'", The Voice of Russia, 18 August 2013.
http://voiceofrussia.com/news/2013_08_18/Syrias-Assad-determined-to-eradicate-terrorism-armykilled-jihadist-leader-5766/ [accessed 23 May 2014].
79
Brian Michael Jenkins, The Role of Terrorism and Terror in Syria's Civilian War (The Rand
Corporation,
November
2013).
18
19
im Unterschied
Conclusion
Thus rather than detaching R2P from strategic concerns as some
have argued,87 it actually needs to be more systematically linked to
them instead.
20
21
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Discussion Papers
25
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27