Global Human Rights Challenges and Solutions PEACEKEEPING, HUMANITARIAN INTERVENTION AND RESPONSIBILITY TO PROTECT

Transcription

1 Global Human Rights Challenges and Solutions PEACEKEEPING, HUMANITARIAN INTERVENTION AND RESPONSIBILITY TO PROTECT

2 United Nations and armed conflict preventing war Chapter VII UN Charter Art.2(4) All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

3 Security Council authorized to create peacekeeping or peacebuilding forces UN Charter Art. 42 Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate [sanctions], it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

4 Law of War International Humanitarian Law 4 basic principles of the law of war Distinction parties to the conflict must always make a distinction between the civilian population/objects and combatants/military objectives, directing efforts only against military Proportionality when pursuing military objectives, cannot have civilian casualties that are excessive to the military benefit Military Necessity injury to enemy personnel cannot be more than is absolutely necessary Unnecessary Suffering/humanity: cannot use weapons and tactics that cause unnecessary suffering or damage

5 Security Council authorizations of force SC has authorized military force to reverse or repel aggression by one State against another in the 1950 Korean War and the aggression of Iraq against Kuwait in 1990 Since 1990, the Security Council has increasingly authorized the use of force under Chapter VII in different circumstances and to varying degrees. SC authorized a number of naval blockades to enforce sanctions in Iraq, the former Yugoslavia, Haiti and Sierra Leone SC authorized a limited use of force by United Nations peacekeeping operations in the former Yugoslavia, Somalia, the Democratic Republic of the Congo, Kosovo, East Timor SC has authorized force by regional arrangements eg. the Economic Community of West African States (ECOWAS) Mission in Côte d Ivoire (ECOMICI), the European Union force in the Democratic Republic of the Congo (EUFOR R.D. Congo) and the African Union Mission in Somalia (AMISOM), NATO SC authorized the use of all necessary means or all necessary measures by multinational forces (such as in Somalia, Haiti, Rwanda, Eastern Zaire, Albania, Bosnia and Herzegovina, East Timor, Bunia in the DRC, Liberia and Iraq)

6 UN Peacekeeping Early peacekeeping, usually small number of lightly armed troops maintaining ceasefires and supporting political resolutions of conflict by monitoring and reporting 14 from 1945 to 1988 Cold War Ist armed peacekeeping mission at the Suez 1956 Ist full scale mission of troops in the Congo showed that it was risky to try to build peace in troubled areas 250 UN killed 1988 end of Cold War changed scope of operations implementing more comprehensive and lasting settlements More intra-state conflict, institution-building (eg. election monitoring and policing), human rights concerns, tidying up after conflict

7 Lessons of the 90s: Rwanda (1994) Rwanda genocide UNAMIR peacekeeping force mandated only to monitor an earlier peace agreement attacked and 10 peacekeepers killed Security Council cut down UN numbers from 2500 to 270 when massacres started and the world watched. UN had information about impending massacre but did little Increased number of troops to of 5 permanent members of the Security Council opposed UN action

8 What did SC authorize by All necessary means in Rwanda? Sec Council Resolution 929 (June 1994, 1 month before end of genocide) 2. Welcomes also the offer by Member States the establishment of a temporary operation under national command and control aimed at contributing, in an impartial way, to the security and protection of displaced persons, refugees and civilians at risk in Rwanda, on the understanding that the costs of implementing the offer will be borne by the Member States concerned; 3. Acting under Chapter VII of the Charter of the United Nations, authorizes the Member States cooperating with the Secretary-General to conduct the operation referred to in paragraph 2 above using all necessary means to achieve the humanitarian objectives set out in paragraphs 4 (a) and (b) of resolution 925 (1994): Mission to continue as intermediary between the parties in an attempt to secure their agreement to a ceasefire and will: (a) Contribute to the security and protection of displaced persons, refugees and civilians at risk in Rwanda, including through the establishment and maintenance, where feasible, of secure humanitarian areas; (b) Provide security and support for the distribution of relief supplies and humanitarian relief operations;

9 Changing nature of peacekeeping Former Yugoslavia, Rwanda, Somalia peace hard to build and maintain loss of confidence Reassessment and taking on more complex missions Consent of local parties, impartiality and self-defence bedrock of peacekeeping missions In intra-state conflict, consent becomes a way to manipulate peacekeepers, parties to conflict may be deceptive so UN peacekeepers need capability of defending themselves and mission, stronger rules of engagement SC 1296 (2000) 8.Underlines the importance of safe and unimpeded access of humanitarian personnel to civilians in armed conflicts 10. call for protection of vulnerable groups 13. Affirms its intention to ensure, where appropriate and feasible, that peacekeeping missions are given suitable mandates and adequate resources to protect civilians under imminent threat of physical danger 15.Indicates its willingness to consider the appropriateness and feasibility of temporary security zones and safe corridors for the protection of civilians

10 Protecting Civilians Kigali Principles on the Protection of Civilians (2016) To urge Security Council to make protection of civilians a priority in peacekeeping and to ensure that UN forces are adequately prepared, resourced, authorized, disciplined and speedy enough to protect endangered civilian populations

11 Peacekeeping future of civilian protection President of Security Council reaffirmed that protection of civilians remains central to peacekeeping mandate (2015) May 2016 Secretary General notes that this reaffirmation must be translated into action and Instructed all peacekeeping missions to identify ways to protect citizens Noted that credibility of UN peacekeepers depends on their willingness and capability to act when civilians are threatened Noted Kigali Principles a significant milestone Canadian Defence Minister says protecting civilians will be central to Canadian peacekeeping missions

12 Complexity - Kosovo Security Council resolution 1244 of 10 June 1999, authorized the Secretary- General to establish an international civil presence in Kosovo the United Nations Interim Administration Mission in Kosovo (UNMIK) to provide an interim administration for Kosovo under which the people of Kosovo could enjoy substantial autonomy unprecedented in complexity and scope UNMIK had authority over the territory and people of Kosovo, including all legislative and executive powers and administration of the judiciary after the declaration of independence by Kosovo and new constitution on 15 June 2008 the tasks of the Mission have significantly been modified to focus primarily on the promotion of security, stability and respect for human rights in Kosovo.

13 Humanitarian intervention New rule of customary law enough to override sovereignty rules in UN Charter (jus cogens)?

14 Bangladesh (1971) In response to independence movement in (East) Pakistan, President of Pakistan sent troops into Dacca (Dhaka) 1 million killed, mostly Hindus International Commission of Jurists said it appeared to be genocide India provided some assistance to Bengali liberation forces Pakistan bombed 10 Indian military airfields in return India invaded and subdued Pakistan and recognized (East) Pakistan as the country of Bangladesh which joined the UN 3 years later Initial humanitarian reasons given by India changed to self-defence in face of world reaction

15 Cambodia Khmer Rouge murdered s of own citizens attacked Vietnam Vietnam defeated Khmer Rouge 1 year after invading Vietnam argued self-defence, rejected by most of world World concerned about effect on sovereignty USSR vetoed the Security Council demanding Vietnam leave General Assembly too, kept Khmer Rouge in UN for 9 more years and only in 1979 voted for Vietnam to get out and stay out No support for unilateral humanitarian intervention

16 Uganda Idi Amin regime murdered fellow citizens and committed atrocities against others 1978 Amin invaded Tanzania Tanzania and Ugandan rebels defeated Amin Tanzania relied on self-defence UN accepted new Ugandan government within 6 months Commentators think that humanitarian motives could have been advanced

17 Somalia 1991 a civil war resulted in deaths UN with AU brokered ceasefire, ensured by UN peacekeepers (UNISOM I) Further violence led to US offering and Security Council accepting military assistance ensuring humanitarian aid using all necessary means to secure delivery by 24 states (UNITAF) Secretary General worked out another ceasefire with warring factions to disarm and establish transitional government 1993, Security Council creates UNOSOM II authorizing use of force if necessary to secure stable environment for the delivery of humanitarian assistance and assist in the reconstruction of economic, social and political life Violence again and 24 UNOSOM II soldiers followed by clashes between UNOSOM and Somali militiamen in Mogadishu In October 1993, 18 US soldiers of the Quick Reaction Force, deployed in support but not part of UNOSOM, died trying to capture warlord Aidid. US immediately reinforced its military presence, but later announced that it would withdraw by early 1994 along with Belgium, France and Sweden Security Council changed UNISOM II mandate to reconstruction, Secretary General engaged in talks while humanitarian efforts continued Another agreement in 1994, but Security Council ended UNOSOM because factions would not implement and cost too high and violence continued

18 Kosovo (1990s) Late 1990s huge human rights violations in Yugoslavia against Kosovars 2 Security Council orders that Yugoslavia stop, threatened further action and included NATO air verification of settlement arrangements During air campaign, NATO got Milosovic to agree to cease killing, withdraw troops, accept international military force, return refugees, allow humanitarian aid and political renewal of Kosovo March, 1999, NATO air strikes against Serbs in Kosovo but NATO had no self-defence reason, no invitation from Serbian government, no authorization from Security Council but strong guilt about not intervening in other parts of Balkan struggle, credibility concerning NATO agreement, humanitarian USSR proposed Security Council condemn the attacks, but defeated So not condemned nor condoned by Security Council, but contrary to art. 2(4) of UN Charter Only UK and Belgium stuck with humanitarian intervention argument Not prosecuted in ICTY UN took leading role in reconstituting Kosovo Strong reaction against intervention since Bangladesh, so no opinio juris allowing this to override UN Charter as jus cogens (Myers, War Law, 2005)

19 Syria ( ) April, 2017 US attack on Al Shayrat airbase in Syria for chemical attacks killing 80 civilians in Khan Sheikhoun in Idlib Province. Trump partly motivated because no one else did anything attack with UK and France on chemical sites for chemical attacks on civilians Russian proposal to Security Council to chastise them rejected Ap14 Politics continue: what about the government that kills groups of its people v. importance of sovereignty?

20 Responsibility to Protect (R2P) After Rwanda and Kosovo, Secretary General Annan asked in 2000 what was international community to do in the face of humanitarian intervention s challenge to sovereignty

21 R2P Canada set up International Commission on Intervention and State Sovereignty 2001 coming up with Responsibility to Protect concept 2004 the UN Secretary General s High-level Panel on Threats, Challenges and Change endorsed R2P with collective international responsibility for civilians in a State to be exercised by the Security Council in last resort 2005 UN World Summit (Heads of State and government) endorsed R2P in declaration known as UN Summit Outcome Document) 2009 strategy for implementing R2P developed in accord with principles of primary State responsibility (sovereignty has rights and responsibilities), secondarily international responsibility, finally collective action according to UN Charter

22 R2P Peaceful means first

23 Libya (2011) Gaddafi commenced bloody suppression of Arab Spring 2011 African Union and Arab League tried peaceful protest Gaddafi threatened Benghazi with cleansing Security Council passed Res calling for NATO-led intervention without any opposition based on first use of R2P force Libyan government fell causing disputes between rival militias and much violence: focused debate on R2P, but it did save lives Contrast with Syria where some have called the three Russia-China vetoes imposing sanctions on Syria a challenge to R2P based allegedly on R2P misuse in Libya

24 Theory to practice Security Council using R2P frequently now, most recently in DRC March 27, 2018 deciding Mission (MONUCO) priorities are civilian protection and monitoring electoral process

25 Sudan peacekeeping 2006, Security Council called for UN peacekeepers in Sudan re Darfur (UNMIS) Resolution made specific reference to R2P by reaffirming Resolution 1674 on the protection of civilians and the Outcome Document UNMISS established by Security Council 2011 Re South Sudan 2014, Security Council demands end to fighting and to implement permanent ceasefire already agreed UNMISS, troops, including a regional protection force of 4000 in the capital, authorized to use all necessary means to accomplish its mandate that includes protection of civilians, even outside deployment area and for the creation of safe sites, until South Sudan government can do it Also monitor human rights abuses, protect humanitarian aid and support ceasefire agreement, support political resolution before rule of law help

26 R2P a good balance of good v. sovereignty?

27 End