Showing posts with label R2P. Show all posts
Showing posts with label R2P. Show all posts

Monday, May 14, 2012

PEACEKEEPING IN OUR TIME: PAST THE AGE OF CONSENT?


PEACEKEEPING IN OUR TIME:

PAST THE AGE OF CONSENT?

By Jamie Arbuckle, for Peacehawks


Introduction

Have you heard the one about how many Peacekeepers it takes to change a light bulb?

Actually, any number will do – but the light bulb has to want to change.

To know where we are going, we need to know where we are, and to know that, we usually need to know where we have been.  To look ahead, then, we often need to look back.

One of the most critical factors in modern peace operations has, since the creation of the United Nations, been the issue of consent to and the continuing support for an operation.  The  UN is hard-wired for consensual operations; it’s in the DNA, in the Charter:

Article 2.1: “The Organization is based on the principle of the sovereign equality of all of its members”; and

Article 2.7:  “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state … “

The consent issue has several forms; among these: the consent of the hosts and of the parties to a conflict; of the people living in the conflict area; that of the troop contributors to a peace force; and the consent of the major powers, especially the permanent members of the Security Council of the UN (the P5). The first two are often the most critical: we might refer to them as the consent of the parties and the people. We certainly cannot ignore the importance of the consent of the troop contributors – without them we have no force, or of the Security Council – without them we have no mandate. Nevertheless, I will generally focus on the issues of local consent: in which I include the host government, the sub-state parties, and the people. These, which I by no means take to be the same thing or even in some cases very much alike, are nevertheless in my view collectively the true conditio sine qua non of a successful intervention.

There has since late in the last century been a growing tendency to contemplate and to mandate peace operations founded under Chapter VII of the Charter, which is implicitly non-consensual in its tone and presumably, in its intent.  It might seem that peace operations are indeed beyond the age of consent.  That is in principle; however in practice peace operations  have continued to be very conservatively structured and even more cautiously  executed, and missions have continued to negotiate the terms and the extent of operations specifically intended to enforce peace. This is no less true of the current vogue for the Responsibility to Protect (R2P), than it was of the rash of “enforcement operations” of the 1990s.

To see why this has been, and largely remains, the case, I want to review the origins of the issue of consent in peace operations, and  see what that has subsequently come to mean. To do this, we will review the first modern peacekeeping mission, the United Nations Emergency Force, as it formed up  in the autumn of 1956, where the issue first arose and was to be of fundamental importance. We will then fast-forward to Eastern Slavonia almost 40 years later, and we will visit there the birth-place of the practice – and only later the concept – of “induced  consent.” (Alex Morrisson, the founder and President of the Pearson Peacekeeping Centre in Nova Scotia, once said, while a student at the Canadian Army Staff College, “It certainly seems to work in practice, but how will it stand up in theory?) It is a large part of the story of peacekeeping that practice often and necessarily precedes theory.

 Finally, having  established where we really  are, we will peek briefly through that R2P looking glass to see where we might be going  with 21st Century peace operations. As written, that “policy” largely describes non-consensual military intervention to “protect”, but its authors have been back-pedalling on that almost since before their ink was dry – and no wonder. We know what they said, but it seems that may not have been what they meant, and we need to look critically at this “new norm.”  We can only hope this will allow us at least a glimpse of what John le Carre has called “the recent future”.

Sometimes, to get ahead, we need to go back.

In preparing this posting, I need to thank Russia, China and Syria, who in fanning the flames of tragedy have provided me with further  insight into the importance of consent at multiple levels. 

And that is what I want to share with you in this posting.

Friday, January 22, 2010

R2P vs State Sovereignty: The Last Refuge of Scoundrels

Presentation to Canadian Studies Centre Symposium
The University of Innsbruck
12 November 2009


R2P vs State Sovereignty: The Last Refuge of Scoundrels
- by James V. Arbuckle

Patriotism is the last refuge of a scoundrel.[1]
- Dr. Samuel Johnson, 1775

Introduction
The responsibility for the conduct of states towards their people has long been a subject of controversy. None of any outsider’s business, said Hitler in 1933 (to the League of Nations), and Stalin in 1948 (to the drafters of the Universal Declaration of Human Rights). However, the Universal Declaration of Human Rights (UDHR) was adopted by the General Assembly (GA) of the United Nations on 10 December 1948, and changed forever the concept of the relationship of a state to its people, and its responsibility for them.

Despite the apparent ease of the Assembly vote on rhe UDHR (there had been abstentions, but no votes against), the subsequent approval, ratification and implementation by the member states was by no means a forgone conclusion (nor is it yet). The Soviet Union objected to what it saw as setting a precedent for outsider interference in its domestic jurisdiction. They and eight other members abstained from the General Assembly vote, and the USSR was never a signatory to the Declaration. A good many member states tacitly agreed – and do still - with the Soviet view that the UDHR was a potential threat to their sovereignty (thus coincidentally agreeing also with Hitler and Stalin); among them were the United States and China, indeed, all of the P5 agreed on that one thing, if on nothing else: their own sovereignty, and for Britain that included her empire, was their primary concern.

The Conference on Security and Co-operation in Europe was born of the Helsinki Final Act of 1975, which entailes a “comprehensive view of security”, giving human rights equal weight with the more traditional military and political factors of peace and security. Thus human rights, a long-standing taboo in East-West relations, became by virtue of the Final Act a legitimate subject of dialogue[2]; the peace agenda might never be the same.

In any event the appearance of a policy and associated doctrine had been established, and history unfolded into the Twenty-first Century with that altered background.

Discussion

It was in this apparently altered climate that the International Commission on Intervention and State Sovereignty (ICISS) released its report in December 2001 (see Annex A for summary). Now generally referred to as The Responsibility to Protect (R2P), the document ostensibly became U.N. policy when it was embraced by the Report of the Panel on United Nations Peace Operations, and by nearly all member states of the U.N., in September 2005. That “policy” as it was written is largely based on military action in accordance with Article 42 of the Charter[4]. However, it is today very clear that the Security Council will seldom authorize a forced intervention in a member state – the issues of consent of the “hosts” and respect for their “domestic jurisdiction” are as strong as ever.