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Preventing
and Responding to Internal Conflict: When is it Right for
Others to Intervene?
Citigroup-Asia Society Global Issues Series
Gareth Evans
President, International Crisis Group and Co-Chair, International
Commission on Intervention and State Sovereignty
Hong Kong, November 25, 2003
MR EVANS: My topic today is about preventing and responding
to internal conflict: when is it right for others to intervene?
Let me say at the outset something that will be very familiar
to all of you, and it is this: that around Asia there is really
just a visceral discomfort, perhaps more than anywhere else
in the world except possibly Latin America, with the idea
of intervening in the internal affairs of any kind of other
countries.
Any form of intervention tends to be routinely resisted,
even when it is at the softest end of the scale when it comes
to security issues, even if it involves mediation facilitation
of the kind that has so often been offered to India, for example,
over the Kashmir issue, or in the context these days of Indonesia’s
response to any suggestion of that again in Aceh.
That is not a universal response. The Norwegians have played
a very major role in Sri Lanka. The whole Cambodian peace
process, which was mentioned before, is an example, I guess,
of how the international community can come together and work
co-operatively in a rather intrusive way in this region, but
there is that anxiety.
That anxiety becomes very real indeed when the form of intervention
takes a more coercive or intrusive form - for example, the
application of sanctions - and the anxiety is palpably extreme
when anyone starts talking about military intervention, however
grotesque a situation might be, and which might appear to
be crying out for it.
We can speculate why this phenomenon might be so, but whatever
the reason, the reality is so. If the European Union countries
are at one end of the kind of spectrum of states that have
been prepared to embrace a whole variety of limitations and
constraints on their sovereignty, and to move away from the
traditional nationalist position that has occupied states
responses and reactions and behaviour with each other for
so many centuries, if the European Union is at one end of
that extreme, I think it is fair to say that the Asian countries
are really still at the other, with interstate rivalry, a
rather fierce consciousness of national identity, very strong
nationalism, very strong unwillingness to embrace any kind
of limitations on sovereignty, that is very much the environment
we are operating in.
But that said, people in Asia, no more than anywhere else
in the world, cannot avoid – no one can – one
of the big contemporary debates of our time, which has been
about the circumstances in which it is appropriate, legitimate,
necessary even, to intervene in an extremely intrusive way
in the internal situation in other countries.
The issue, of course, was raised by the catastrophic series
of cases in the 1990s, above all, Somalia, Bosnia, Rwanda
and then Kosovo, which involved between them everything from
mass starvation, to ethnic cleansing, to outright genocide,
and where in each case the international community’s
reaction was in one way or the other anything from lamentable
to pathetic, but certainly not much better.
The issue of the circumstances in which it is appropriate
to engage in military intervention for the purpose of responding
to an internal crisis or catastrophe has now bounced back
after a couple of years of hiatus and preoccupation with terrorism.
It has now bounced back into the centre of public discourse
with the debate that is now raging, of course, about Iraq
and the legitimacy of the intervention there, with the reality
being that as the rationales for military intervention in
Iraq in terms of fears of weapons of mass destruction possession
and of terrorist associations drop away, as those rationales
disappear, the only game in town in really for Tony Blair
or anyone else to be able to justify that intervention is
the one in terms of Saddam’s tyrannical behaviour towards
his own people. It is in that context that the issue has come
back again on the table.
I do not want to suggest for a moment that this is the only
big issue in the international security debate. These problems
about internal security threats, where what is primarily involved,
what the subject of the debate is, is the threat of a régime
to its own people, that has been subsumed in many ways in
more recent times after the 1990s by three other issues that
are now very much at the heart of the international security
debate.
One, of course, of those big three issues is the proper
response to states engaged in the proliferation of weapons
of mass destruction and nuclear weapons acquisition, in particular,
with North Korea being of course in this region, and globally
the pre-eminent state of concern.
You have also got the issue of international terrorism and
the question of the circumstances and when it is appropriate,
for self protection purposes, to take military action against
states harbouring or nurturing international terrorism.
And you have also got the issue of failed and failing states,
not just in the context of the risk that it poses to their
own people, which is the topic I will be talking about today,
but you have also got an increasing concern about the way
in which such states are operating as bases for the export
of other problems, apart from internal ones, and exporting
the problem of terrorism, exporting crime, drugs, exporting
refugees, exporting health pandemics, and in some cases exporting
environmental catastrophes.
So the issue has also arisen about - for self-protection
purposes, if you like, by the international community - the
appropriateness of taking robust measures against states in
that condition.
So these are all subjects for lively international debate.
I do not mind talking about them when it comes to question
time, but what we do want to really talk about and focus on
today is the issue of internal catastrophe and appropriate
response to it, because the truth of the matter is that another
Rwanda situation could come along at any minute, and it is
the case that the international community is still woefully
under-prepared in terms of having achieved consensus about
what an appropriate response should be. The rhetoric is fine
but the reality falls, I fear, somewhat short of that, and
there is absolutely no guarantee that even the most conscience
shocking situation that should come along will guarantee an
appropriate result and an appropriate response.
The debate has been a very lively one in the United Nations.
It has, like everything else, been subsumed a bit by terrorism
since 911, but it is bouncing back in the context of Iraq,
and certainly in 1999 and 2000 there were major debates in
the General Assembly on this issue of the so-called humanitarian
intervention with absolutely no consensus being evident at
all in what the appropriate response should be, a very big
division opening up between those states, mainly western on
the one hand, who are arguing the case, at least in principle,
for more robust intervention when certain criteria were satisfied;
and a number of other states, mainly from the developing world
being acutely sensitive about the issue of sovereignty invasion
thus involved, and being very unwilling to acknowledge any
general principles at all that should apply in this area.
This was, notwithstanding, a very moving series of challenges
to the international community made by the Secretary General
Kofi Annan asking that the General Assembly countries debate
the issue seriously and try and find some consensus on it,
because the lack of consensus in a case like Kosovo, for example,
even which led to NATO taking action without the Security
Council being on board, had led to a huge amount of division
and tension within the international community, but the consensus
was not evident.
It was in that context that I was asked by the Canadian
Government to co-chair a big international commission on intervention
and state sovereignty, this whole issue, and we presented
our report called “The Responsibility to Protect”,
which is basically the theme of what I will be talking about
today. We presented that report to the United Nations Secretary
General in December 2001, just a couple of months after 911,
and it got rather submerged as a result, but it is coming
back very much into prominence in the public debate, partly
for the Iraq reason I mentioned, and partly because people
are recognising that this is just an issue that the international
community is going to have to wrestle with.
Another context in which it will be wrestled with, undoubtedly,
in the next few months is that of a high level panel that
the Secretary General has just appointed to advise him and
the international community on a proper approach to a whole
range of new threats and new security issues which the international
community, and in particular the multi-lateral system the
United Nations confronts as a result of recent developments
and the disposition of certain countries to be rather willing
to go it alone, and what the implications are of that for
the whole future of multi lateral security co-operation.
That high level panel is one which I find myself a member,
along with, among others, my old sparring partner, Qian Qichen,
the former Chinese foreign minister with whom I had an enormous
amount to do when we were negotiating the Cambodian solution.
That panel will, of course, be wrestling with just these issues
as well, and that will bring them I think right back to centre
front in terms of international attention. So it is a big
issue and we are going to have to address it.
Asian countries have tended to stay pretty much outside
this debate; they have not been major players in the international
debate so far, and that is partly I guess because none of
the big cases of so called humanitarian intervention in the
90s or since have really involved Asia at all.
The case of the military engagement in East Timor is sometimes
seen as an example of this humanitarian intervention, but
really it is not, because that was a case where Indonesia
actually agreed to the presence of the troops in question,
and the case we are talking about here is of coercive intervention
where there is no such agreement.
It is probably fair to say that the Indonesian agreement
was not all that thrillingly voluntary. Insofar as Jakarta
was concerned, there were a lot of people sitting on their
hands, but nonetheless the truth of the matter is it was with
the consent, with the acquiescence and with no hint of military
resistance by the Indonesians when those troops went in.
There were two other big cases in Asia before the 90s that
are sometimes characterised as humanitarian intervention or
rescue type cases, and one of them was India, and then East
Pakistan in 1971, and of course Vietnam’s invasion of
Cambodia in 1978. But what is interesting when you go back
to look at those cases, even when you look at them today they
would undoubtedly be argued out the justification for the
interventions in terms of the need to protect populations
at risk from their own governments or lack of government.
That was not the way the case was argued at all by anyone
back in the 70s when these were running. In both cases, the
argument was that some kind of national self-defence was involved.
In fact, in the case of the Vietnamese invasion of Cambodia,
there was not even a willingness to acknowledge that there
were any Vietnamese troops in the country at all. So all these
people these days who tend to say, “Well, Vietnam ought
to be congratulated for its enterprise in rescuing the Cambodians
from the scourge of Pol Pot,” which has a large measure
of truth about it, nonetheless are rewriting history if you
try to characterise this as in any way a case of humanitarian
intervention that was perceived as such by anyone at the time
or argued out.
Pretty much everyone in the world, it should be remembered,
roundly condemned those interventions as indefensible intrusions
on state sovereignty and an indefensible breach of Article
2.7 of the United Nations Charter which inhibits any intrusions
of this kind in internal affairs.
But even though Asia has been, as I have said, outside this
whole debate to a large extent, it is not impossible, of course,
that some situations could arise around this wider region
where people are put at extreme risk by the action or the
inaction or the lack of capacity of their governing authorities.
I do not want to be taken, as I mention this list, as predicting
that any of them are going to descend into this kind of chaos,
or that if they do, military action will be an appropriate
response, but I simply indicate the kinds of situations that
it is possible to envisage getting completely out of hand
and demanding at least attention to an appropriate response
by the international community.
The cases that I have in mind - and in most of them the
International Crisis Group has some involvement on the ground
so I know how difficult they all are - is countries like Nepal,
which is now in a hideously renewed round of violence.
We have got Sri Lanka, if the peace process really does
fall apart there in the way that it is possible that it will,
if this internal brawl on the part of the different arms of
the government continues.
We have got the potential always for something catastrophic
happening in Myanmar, Burma, if the repression there really
becomes intolerable and people just rise up against it.
In Central Asia, it is not impossible that there will be
some renewed outbreak of civil war in Tajikistan or an explosion
eventually against what is a palpably extremely oppressive
régime in Uzbekistan, in particular.
In North Korea, we have the prospect -- not the prospect
but the possibility of again things deteriorating and falling
apart, massive starvation; a régime manifestly ill-equipped
to handle it, quite apart from the large issue of nuclear
proliferation and the implications of that for the international
response - I am talking about an internal situation.
Then of course within the larger countries themselves, you
certainly have the prospect of things getting very ugly indeed
in Aceh in Indonesia.
There is the possibility, admitted slight but nonetheless
it is there, that the anxiety that the Chinese government
feels about what is happening in Xianjiang province with the
Uighurs, or I guess even less likely with the Tibetans, that
that could become a situation that appears to demand at least
some kind of international reaction.
And, of course, the ever present problem of Kashmir, and
that is more an interstate cross border problem, but nonetheless
the internal -- it can be also argued to be, and certainly
would be argued by the Indians to be an internal matter.
There are lots of others as well that are also explosive
around other parts of the subcontinent. So I do not want to
again be taken amiss when I list these examples, and please
understand all the conditions and qualifications, but I am
just saying you cannot assume that for the next 10, 15, 20
years all will be sweetness and light around the region and
this issue simply will not arise here.
So what should be the principles that should govern our
responses as an international community if and when the situations
come along, be they in Asia or anywhere else?
Now, to pose again the series of questions that were in
that brochure that was put around: can states in Asia or anywhere
else do what they like to their citizens within their own
borders? When an internal catastrophe does loom because of
state action or inaction or incapacity, do sovereign rights
yield to some larger international “responsibility to
protect”, ultimately by military action? Who decides?
According to what principles? And who should act?
Well, as I said, although initially submerged by the separate
issues that were thrown up by 911 and its aftermath, there
is a report out on this whole subject of a commission which
I co-chaired, which has been finding a steadily growing international
audience, and I think it is fair to say that we did make four
main contributions to the policy debate in that report, and
that is what I want to now talk about.
The first and probably ultimately the politically most useful
contribution was to invent a new way of talking about the
whole issue of so-called humanitarian intervention. In that
commission, we sought to turn around the whole weary debate
about the right to intervene which had caused so much hostility
and trench digging, to recharacterise it, not as an argument
about anyone’s right to do anything at all, but rather
about a responsibility; a responsibility to protect people
at grave risk, the relevant perspective being not that of
the prospective intervener and its right to throw its weight
around, but a more appropriate perspective on those needing
crying out for the support.
I think this new language -the “responsibility to
protect” language - has been helpful already in taking
some of the heat and emotion out of the policy debate. It
has required a lot of the actors in that debate, particularly
in the United Nations context, to change their lines, to think
afresh about what the real issues are.
Our hope, and so far our experience, is that entrenched
opponents will, simply through the change of language, find
it easier to find new ground on which to constructively engage.
There are precedents for this; there are examples of this
kind of thing happening. I mean, just think of the brawls
that used to be really impossible in the sense of the non
engagement between the two sides, between greenies and developers
before the Brundland Commission invented the concept of “sustainable
development”.
Now, there are still brawls between developers and greenies
about all sorts of specific issues, but they are far more
constructively focused within a common frame of reference.
They are sitting at the same table, and that is the beginning
of wisdom when you are trying to wrestle with complex policy
issues with different positions.
The second contribution of the commission, and I think perhaps
the most conceptually significant one, apart from the idea
of the “responsibility to protect” itself, was
to come up with a new way of talking about sovereignty. We
argued that its essence should now be seen not in terms of
the traditional Westphalian several centuries old concept
of sovereignty as control, but rather of sovereignty as responsibility.
The United Nations Charter’s explicit language emphasised
the respect which is owed to state sovereignty in the traditional
sense, but actual state practice has really evolved in the
nearly 60 years since the Charter was signed with a new focus
on human rights, and more recently on human security more
generally. With that, the emphasis has been much more on the
limits to sovereignty.
So what we did was analyse, pick up that trend, and re articulate
it, spelling out its implications by arguing that sovereignty
implies responsibilities as well as rights. To be sovereign
means that the state authorities are responsible for the functions
of protecting the safety and the lives of their own citizens,
promoting their welfare. National political authorities are
responsible to citizens internally. They are also responsible
to the international community through the United Nations.
So the starting point in our approach to this was to recognise
the reality of state sovereignty, not to try and undermine
it, not to try and talk it away, but to say that sovereignty
carried with it a responsibility, and indeed the primary responsibility
in all these situations is of the state itself to protect
the individuals within it.
But while that is the starting point of any analysis, it
is not, as we said, the finishing point, because where the
state fails in that responsibility, a secondary responsibility
then cuts in, that of the international community to act appropriately
through international organisations, particularly the United
Nations, to address the situations in question.
As we put it, where a population is suffering serious harm
as a result of internal war, of insurgency, of repression
or state failure, and the state in question is unwilling or
unable to halt or revert that harm, the principle of non-intervention
yields to the international “responsibility to protect”.
The key point, and it is one that is very respectful of
the concern in this region and elsewhere about protecting
the concept of sovereignty, is that the “responsibility
to protect” then lies on both the state and the international
community as a whole.
The third contribution of the commission was to make clear
that the “responsibility to protect” is about
much more than just intervention and in particular the extreme
form of intervention, military intervention. It extends to
a whole continuum of obligations embraced in the very concept
of the “responsibility to protect”.
It involves at one end of the spectrum the responsibility
to prevent: to address both the root causes and the direct
or immediate causes of internal conflict and other man-made
crises putting populations at risk.
Then, if prevention fails, it becomes the responsibility
to react, the second stage of the continuum: to respond to
situations of compelling human need with appropriate measures,
which may include lesser coercive measures like sanctions
and international prosecutions, and in extreme cases military
intervention.
But that is not where it stops, there is a third dimension
which is also part of this umbrella concept of the “responsibility
to protect”, and that is the “responsibility to
rebuild”, to provide, particularly after a military
intervention, full assistance with recovery, reconstruction
and reconciliation, addressing the causes of the harm that
the intervention was designed to halt or to avert and to ensure
that no future intervention would ever again be required.
Of these three dimensions to the “responsibility to
protect”, the commission made very clear our view that
the prevention was the single most important. It is not the
one that most of the attention publicly is focused on, or
the debate has been about, but we think it is the most important.
We spend a lot of time spelling out preventive strategies
-political, diplomatic strategies, legal and constitution
strategies for the protection of minority rights and aspirations,
economic development strategies to try and get rid of that
sense of grievance or relative deprivation that is so often
the source of conflict. Even military strategies like security
sector reform falling short of the actual use of force.
We also made clear that as a matter of principle, the exercise
of the responsibility to both prevent and also to react -
and I will re emphasise this point in a moment when I come
to reaction - should always involve less intrusive and less
coercive measures being considered before more coercive and
intrusive ones are applied.
But all that said, and even with all that emphasis on prevention,
the question of military action does remain the central one
in the public debate. Whatever else it encompasses, the “responsibility
to protect” does above all imply a responsibility to
react, where necessary coercively, and in extreme cases with
military coercion, to situations where there is really a compelling
need for human protection.
So the fourth contribution, and the last on my list, the
fourth contribution of the commission was to come up with
some guidelines for when military action is appropriate. We
spelt out six guidelines which I think are now starting to
become very much the currency of wider international debate,
and not just in the context of responding to internal catastrophes
but also when any kind of military intervention is involved,
but let us leave aside the wider potential application of
these six criteria and just indicate briefly what they are
about.
The first criterion is just cause: is the harm threatened
sufficiently clear and serious to justify going to war? We
set the bar for military invention very deliberately high,
very deliberately tight, excluding many kinds of unconscionable
behaviour that would certainly justify other lesser forms
of coercive response like sanctions or international war crimes
or crimes against humanity, prosecution and so on, but we
thought it was inappropriate to include gross human rights
violations involving the imprisonment and torture of political
opponents, the overthrow even of a democratically elected
government as proper cases for treatment by military action.
What we did, we set a much more limited threshold. What
we said is there must be serious and irreparable harm occurring
to human beings, or imminently likely to occur, of either
of the following two kinds: it must involve large scale loss
of life, actual or apprehended, with or without genocidal
intent, which is the product either of deliberate state action,
or state neglect or inability to act, or a failed state situation.
The second element was large scale “ethnic cleansing”,
actual or apprehended, even if not carried out by killing,
but rather by forced expulsion, or by acts of terror, or by
mass rape, designed to either terrorise or, even in extreme
cases, to change the demographic character of a particular
neighbourhood.
Well, how does this criterion apply? I will just stop for
a second each time as I work through them to run this past.
The Iraq case in 2003, which is, as I indicated, now being
vigorously argued to be a suitable case for “responsibility
to protect” type intervention, as other rationales for
intervention drop away.
Well, if you try and apply this test to Iraq, it is really
quite tricky, because the threshold test cuts both ways. It
would certainly have been satisfied a decade or more ago in
terms of Saddam Hussein’s massacre of his own citizens,
the Kurds in northern Iraq, and a few years later in the early
90s the Shi’ites in southern Iraq.
Unquestionably, our criteria would be satisfied; unquestionably
then a case for intervention, but much less obviously so in
recent years. A tyrant, yes; a huge civil liberties violator,
yes; a monster to his own people, yes; but mass killings,
probably not; mass ethnic cleansing; no, you cannot argue
it.
So that is a tricky one. If you say that something that
happened 10 or 15 years ago can be brought out, dusted off
and used as an intervention basis now, you have really got
quite a complex argument on your hands.
At least just to take one current example, there is huge
enthusiasm around the place for doing something about Robert
Mugabe in Zimbabwe for his grotesque violations of human rights
and misuse of the land reform issue, and so on, and if you
look back to just a little bit of history in the mid 80s,
the Matabeleland massacres, you have almost certainly satisfied
the conditions which we specified as appropriate just cause
thresholds to justify military intervention.
But the west and the rest of the world stood by, looking
on profoundly indifferent back in the 80s, just as they stood
by looking on profoundly indifferently to Iraq 10, 15 years
ago, and it does become quite tricky to justify using that
as a rationale now.
So that is perhaps where the second test helps out, and
that is the test of right intention: is the primary purpose
of the proposed military action to halt or avert the threat
in question, whatever other motives there may be in play?
There invariably are other motives, often economic ones,
often things that are needed to justify the intervention to
a domestic constituency which is profoundly skeptical of the
utility of sacrificing blood and treasure for some crowd,
in a country they have never heard, of a long way away.
But is the primary purpose of the proposed military action
to avert the threat in question? In the case of Iraq, it is
probably fair to say that that test was satisfied in the case
of the UK and Tony Blair in particular. In the case of the
United States, I think the jury, to put it gently, would have
rather a harder time. Was the primary purpose of DC’s
political decision, the governmental decision to go to war,
really to halt or avert human suffering?
Perhaps I should add that in the case of the third coalition
member, Australia, perhaps there was some other motive than
following the leader and earning some more “Frequent
Fighter Points”, but I have been out of the country
and I just would not know.
The third criterion we identified was “last resort”.
Has every non-military option for the prevention or peaceful
resolution of the crisis been explored with reasonable grounds
for believing that lesser measures than military action will
not succeed?
It does not mean, this “last resort” business,
that you have to actually work your way through all the non
military options and wait months and months and months while
each of them is tried and does not fail. It does mean, however,
that you have got to have reasonable grounds for believing
that the non military stuff will not produce the desired result.
Applying that to Iraq, obviously in the case of weapons
of mass destruction, the “last resort” criterion
certainly was not satisfied. If you accept the “tyranny
as justification” approach, however, it probably was,
because there is not much -- if you have a suitable case for
treatment, there is not much point for waiting around, because
at the end of the case, every régime change is made
by what has already happened.
The fourth criterion is “proportional means”:
is the scale, the duration, the intensity of the planned military
action the minimum necessary to secure the defined human protection
objective? Again, in the case of Iraq, the question has to
be asked: whether some 3,500 civilian deaths and some 10,000
military deaths - the current estimates, assuming they are
at least roughly accurate - it has to be asked: was that an
appropriate trade from an Iraqi point of view for the end
of Saddam Hussein’s capacity to persecute?
Well, it is an interesting question and a rather tough one,
as a lot of these questions are, and there are no instant
answers to a lot of these questions, but at least it concentrates
the mind to put them within this framework I think.
The fifth criterion is a very important one, “reasonable
prospects”: is there a reasonable chance of the military
action being successful in meeting the actual threat in question,
with the consequences of the action not likely to be worse
than the consequences of inaction?
In the case of Iraq 2003, the “reasonable prospects”
criterion is obviously one of the hardest for the defenders
of the war to meet. We cannot finally answer that question
until we know how long Iraq’s post war misery is going
to last, whether it is going to become a democracy or some
variation on a theocracy, whether the war really has concentrated
the minds of other dictators around the place, and until we
know just how many new recruits have been gained by al Qaeda
and its offshoots and affiliates and imitators around the
world as a result of the Iraq action.
But the auguries on most of these fronts, I have to say,
are just as bad now, or even worse, then they were before
the way, and it is of course before the war, before the military
action that (.....tape A ends.....) apart from anything else,
the logic of it is to effectively rule out military action
against any one of the five permanent members of the Security
Council, or indeed any other major power. It would rule out
action against Russia over Chechnya, and on the face of it,
it would rule out, without even thinking about it, action
against China on some imaginable course of events internally,
even if every other one of the criteria I have indicated were
met.
The trouble is, of course, that in each of these cases,
the reason military action is ruled out, is that external
intervention would simply trigger a much larger conflict,
multiplying the human catastrophe involved with absolutely
no guarantee in the process that you would solve the original
problem, but certainly knowing that you are creating a much
bigger one.
All of this, of course, raises the familiar question of
double standards. How can you possibly argue for rules or
guidelines that have this in-built double standard character
about them? Well, the truth of the matter is that the reality
is that interventions may not be able to be mounted in every
case where there is justification for doing so, but that is
no reason for them not to be mounted in any case.
The final criterion is a very tricky one also, and that
is the question of right “right authority”: is
the military action actually lawful as a matter of international
law? This is the hardest question of all for my commission
to wrestle with, and I suspect it will be the hardest question
for this high level panel to wrestle with.
The argument is compelling that when it comes to authorising
any kind of military intervention, immediate self-defence
apart, the United Nations, and in particular the Security
Council, should be the first port of call. There is and there
can be no better answer to the question of who decides whether
these various criteria are satisfied.
The difficult question, which was starkly raised by the
issue of Kosovo and now again by Iraq, is whether the Security
Council should be the last port of call.
What if the Security Council does not go along with approving
the intervention in a case where it really does seem to be
justified? What if the Security Council fails to discharge
its own “responsibility to protect” in a conscience
shocking situation crying out for action, as I for one would
argue Kosovo to have been?
A real question, you see, then arises as to which of two
evils is worse: is it the damage to international order if
the Security Council is bypassed, or is it in the damage to
that order human beings are slaughtered while the Security
Council stands by?
Our commission’s response to this dilemma was to give
really a political message. We did not try and give a definitive
legal answer, we certainly did not try to invent new institutions
over and above the Security Council which have no change of
practical real world implication; we just focused on the real
world dynamics, as we understood them.
What we said was this: that if an individual state or an
ad hoc coalition of states steps in in one of these situations,
if it does fully observe and respect all the various threshold
and prudential criteria that I have been mapping out, if it
seems to have done so, this individual country or group of
countries, if it seemed to have done so by world opinion,
if it seemed to have observed these criteria and if it is
actually successful in averting the threat or problem in question,
then this - and here is the political message to the United
Nations - this is likely in itself to have enduringly serious
consequences for the status and credibility of the United
Nations itself.
That is pretty much what happened with the United States
and the NATO intervention in Kosovo where it was seen to be
justified and where everybody scrambled immediately after
the event to give, in effect, retrospective justification
to it. The truth of the matter is the United Nations cannot
afford to drop the ball too often in these sorts of cases.
The other side of the coin is where the Security Council
is bypassed in a much more problematic situation, like Iraq
in 2003. Here, the argument that was put forward, with some
effectiveness, by the French and others is that the credibility
of the United Nations would have been more at risk if it had
gone along for the ride than if, as it did, it resisted. The
jury is out on all of that.
Let me just conclude by saying this: that while the overall
concept of the “responsibility to protect” has
gained considerable traction, and while it is the case that
the “no more Rwandas” battle cry is one to which
just about everyone around the world is now paying lip service,
it will obviously be a long haul to gain general acceptance
in principle and in practice of the relevance in the utility
of the particular criteria I have mapped out, and an even
longer haul than having them accepted in principle to have
them applied in practice by the Security Council in every
case.
Efforts have been made within the Security Council and the
General Assembly, led by the Canadians and supported by Kofi
Annan, to win at least informal acceptance of these criteria
and indeed the whole “responsibility to protect”
approach. These efforts will continue and, as I said, I expect
them to be picked up and get a run again in the context of
this new high level panel exercise.
My final word is this: that the alternative to making a
serious effort to enforce the international rules that we
have and to supplement them with further principle guidelines
and criteria where there are obvious gaps and hiatuses, as
there are at the moment in relation to these internal affairs,
to the alternative, is to abandon the field to those who are
more comfortable with the ad hoc exercise of power, who do
not really want to be limited by rules and principles and
guidelines at all, who feel constrained by international process,
and who see multi-lateral co-operation in very narrowly self
interested terms.
But I think that a world that appeals to people like this
is not one in which most people in the world, in Asia or anywhere
else, want to live. Thank you.
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