Copyright 2014 CIIS. All rights reserved. R2P at 10 Focusing on pillar II- assist States to fulfill...

Copyright 2014 CIIS. All rights reserved.

R2P at 10Focusing on pillar II- assist States to fulfill their R2P

Yang YiChina Institute of International Studies (CIIS)

Phnom Penh, CambodiaFebruary 26-27, 2015


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Assisting States to Fulfil Their Responsibility to Protect

• The evolving/developing concept in the last 10 years

1. 2005 World Summit Outcome Document

2. Three Pillars in 2009

3. Implementation 2009-2014

4. 2015: New Focus & Challenges ahead


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ICISS & UN: Two Different R2Ps

ICISS’s R2P

• The R2P in the outcome document in 2005 is close to the ideas of the ICISS report, but has narrow scope & meaning.

• a human rights violations• b certain criteria for intervention• c academic/policy discussion• d criticized as new intervention

• a only 4 mass atrocity crimes• b no criteria for intervention• c only UN authority intervention• d political commitment • ……

R2P in 2005


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1. 2005 World Summit Outcome Document

•138. Each individual state has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means. We accept that responsibility and will act in accordance with it. The international community should, as appropriate, encourage and help States to exercise this responsibility and support the United Nations in establishing an early warning capability. •139. ……•140. We fully support the mission of the Special Adviser of the Secretary-General on the Prevention of Genocide.

World Leaders adopted the R2P concept


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2005 World Summit Outcome Document

139. The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and VIII of the Charter of the United Nations, to help protect populations from war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the Charter, including Chapter VII, on a case-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities manifestly fail to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity. We stress the need for the General Assembly to continue consideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity and its implications, bearing in mind the principles of the Charter and international law. We also intend to commit ourselves, as necessary and appropriate, to helping States build capacity to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity and to assisting those which are under stress before crises and conflicts break out.

World Leaders adopted the R2P concept


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The Responsibility to Protect

atrocity crimes

genocidewar

crimes

crimes against

humanity

ethnic cleansing

The 2014 UN SG report uses the term “atrocity crimes” to refer to the four acts specified in para. 138 of the World Summit Outcome Document


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• The four crimes are well embedded in existing customary international law. • (Ethnic cleansing has no formal legal definition, However, in the broad sense – the forcible deportation of a

population – is defined as a crime against humanity under the statutes of both International Criminal Court(ICC) and the International Criminal Tribunal for the Former Yugoslavia(ICTY) and also defined by a UN Commission of Experts established pursuant to SCR 780(1992).

R2P is not a law, but firmly grounded in International law

1948 Convention on the Prevention

and Punishment of the Crime of

Genocide

genocide

International Humanitarian Law;

Four Geneva Conventions(1949) and subsequent protocols

war crimes

International Humanitarian

Law

crimes against humanity ethnic cleansing

Refers to the policy of a particular group

to systematically displace or deport

another group from a territory on the basis of religious, ethnic or

national origin


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2. Three Pillars in 2009“Implementing the Responsibility to Protect”

• UN Secretary-General Ban Ki-moon’ report in 2009, the first comprehensive report on the R2P and led to a debate in the General Assembly on R2P

Pillar 1 Pillar 2 Pillar 3

The responsibility of the state to protect its population from genocide, war crimes, ethnic cleansing and crimes against humanity, and fro

m their incitement (para. 138)

The international community’s responsibility to assist the state to fulfill its responsibility to protect (p

ara. 139)

The international community’s responsibility to take timely and decisive action through peaceful diplomatic and humanitarian means and, if that fails, other more forceful means in a manner consistent with Chapters VI

,VII and VIII (para. 139)


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Three Pillars

The R2P rests on 3 non-sequential and equally important pillars:

• Pillar one: state’s primary responsibility to protect• Pillar two: international community’s duty to assist states in meeting their

obligations, as follows:–Encouraging States to meet their responsibilities under Pillar one; –Helping States to exercise this responsibilities;–Helping States to build their capacity to protect; and–Assisting States “under stress before crises and conflicts break out”

• Pillar three: timely and decisive response - appropriate diplomatic, humanitarian and other peaceful means. - collective measures both peaceful and non-peaceful(UN peace operation/military action)


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3. Implementation 2009 - 2014

• United Nations engaged with the development of the R2P in 2009-2014

Security Council

SG Repots

Special Advisors

-UNR 1674-UNR 1894 (in 2009)-UNR 1970 (Libya in 2011)-UNR 1973 (Libya in 2011)-UNR 1975 (Cote d’lvoire) in 2011-UNR 1996 (Sudan, 2011)-UNR 2014 (Yemen in 2011)-UNR 2085 (Mali in 2012)-UNR 2100 (Mali in 2013)-UNR 2121 (Sudan in 2013) ……

• 2009 Implementing the Responsibility to Protect --- 3 pillars • 2010 Early warning, assessment and the Responsibility to Protect• 2011 The role of regional and sub-regional arrangement in implementing the R2P• 2012 Responsibility to Protect: timely and decisive response• 2013 Responsibility to Protect: state responsibility and prevention • 2014 Fulfilling our collective responsibility: international assistance and the R2P• ……

• Special Advisor on the Prevention of Genocide:Juan E. Mendez(2004), Francis M Deng(2007) & Adama Dieng(2012)• Special Advisor on R2P: Edward Luck(2007-2012), Jennifer Welsh (2013- now)

R2P in Practice - Libya case

• The R2P was referenced extensively as a framework for the Libya case.

- UN R 1970 (Feb. 26, 2011): considering “the gross and systematic violation of human rights” in Libya, the UNSC demanded an end to violence; “recalling the Libyan authorities’ responsibility to protect its population”, imposed a series of International sanctions. The UNSC also decided to refer the situation to the International Criminal Court;

- UN R 1973(Mar 17, 2011): the UNSC demanded an immediate ceasefire in Libya, including an end to ongoing attacks against civilians, which might constitute “crimes against humanity”. The UNSC authorized member states to take “all necessary measures” to protect civilians under threat of attack in the country.

How to judge the Libya as the first case which the UNSC authorized a military intervention citing the R2P?

Western Concept?

• Individual state’ position on R2P:

• 1. Support without reservation: Australia, Canada, France, Germany, Spain, UK, North Europe; most countries in Africa.

• 2. Support with reservation/constructive suggestions: Brazil, China, Indonesia, Japan, Russia, the US etc.

• 3. Opponent: Cuba, Nicaragua, Sri Lanka, Sudan, Venezuela.

China’s Position on R2P

• 1. The sovereign state should take the primary/main responsibility to implement the R2P and protecting their populations;

• 2. The concept of R2P applies only to the four international crimes of “genocide, war crimes, ethnic cleansing and crimes against humanity”;

• 3. The action should strictly abide by the UN Charter, on a case by case basis, respect the views of the government and regional organizations concerned. The crisis must be addressed in the framework of the UN, and all peaceful means must be exhausted. It is necessary to prevent any state from unilaterally implementing “R2P”.

• 4. It must consider “R2P” in the broader context of maintaining international peace and security, and must guard against abusing the concept.


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Development & Problems

Concerns/criticism

Infringement of national

sovereignty

Libya case

Double

standards Abuse of

R2P

Selectiveli

mplement Military

intervention

Responsibility while Protecting

(RWP)

Responsible Protection

(RP)

Enrich the R2P


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4. 2015: New Focus and Challenges Ahead

The report, focuses on pillar II, identifies the approach and principles that should guide efforts to assist States in the fulfillment of their protection responsibility

• 2014 UNSG report “Fulfilling our collective responsibility: international assistance and responsibility to protect”

Three main forms of support • a encouragement• b capacity-building• c protection assistance

1.“reflect a deep commitment to move the principle from realm of rhetoric into concrete action”; &2. “reduce the likelihood of collective response by the international community under pillar III ”.


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Pillar II: assistance to States

Encouragement

1. Encouragement to meet pillar I responsibility; &

2. Dialogue and preventive diplomacy.

1. effective, legitimate and inclusive governance; & 2. specific inhibitors of atrocity crimes.

1. denying the means to commit atrocities;2. civilian assistance; &3. peacekeeping and stabilization assistance.

Protection assistance

Capacity-building

Challenges Ahead- assist States

• 1. Multifaceted agenda;• 2. Too little will to operationalize prevention;• -further understanding the concept itself and secure agreement

among States on what constitutes a States “under stress”;• 3. The implementation of the R2P coincides with a climate of

fiscal restraint in many countries; and • 4. How to address the State-driven mobilization for atrocities.


Thank You!

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