PS 4331 exam 2

2005 World Summit Outcome General Assembly

138. Each Individual state has the responsibility to protect its population from genocide, war crimes, ethnic cleansing and crimes against humanity. We accept this responsibility. International community should encourage and help states exercise this and support the UN in establishing an early warning capability

R2P (Thakur)

Criteria for Intervention • Prevention first • Military intervention if large-scale loss of life or ethnic cleansing • UNSC should still be at center of process; uniquely legitimate authority - P5 should not use veto if vital interests not involved - If UNSC doesn't act, GA using"Uniting for Peace"or regional organizations could take lead

Jus ad bellum v. jus in bello

jus ad bellum: defines the legitimate reasons a state may engage in war and focuses on certain criteria that render a war just. jus in bello: set of laws that come into effect once a war has begun. Its purpose is to regulate how wars are fought, without prejudice to the reasons of how or why they had begun.

UNSCOM

• Mandate from Resolution 687 • Active from 1991 to 1998 • Considerable technical successes despite the meager budget • Increased conflict over time - Lack of cooperation by Iraq - Divisions on Council weakened its leverage - Accusations of U.S. and U.K. spying • 1998 Butler Report: Finally, in the light of this experience, that is, the absence of full cooperation by Iraq, it must regrettably be recorded again that the Commission is not able to conduct the substantive disarmament work mandated to it by the Security Council and, thus, to give the Council the assurances it requires with respect to Iraq's prohibited weapons programmes. • Operation Desert Fox (UNSCOM ceases to operate)

Chapter VII: Economic Sanctions

• Most Ch.VII invocations • UNSC Sanctions Committees • Post-Cold War popularity - Often to address proliferation issues • Logic behind sanctions • Do sanctions work? - compared to what? • Increased focus on "smart sanctions"

"International Bill of Human Rights"

• Universal Declaration of Human Rights (1948) • International Covenant on Civil and Political Rights (1966) • International Covenant on Economic, Social, and Cultural Rights (1966)

International Criminal Court

• Unlike ICJ: Compulsory jurisdiction (for ratifiers); can try individuals • Four type of crimes: genocide, crimes against humanity, war crimes, crimes of aggression (maybe soon) • "Court of last resort": only if govt. unwilling or unable • Due process protections similar to U.S. Constitution • 36 indictments in 8 "situations" (DRC, Uganda, CAR, Darfur, Kenya, Libya, Ivory Coast, Mali)

UN Treaty-Based Human Rights Bodies

•Human Rights Committee (CCPR) (International Covenant on Civil and Political Rights) •Committee on Economic, Social and Cultural Rights (CESCR) •Committee on the Elimination of Racial Discrimination (CERD) •Committee on the Elimination of Discrimination Against Women (CEDAW) •Committee Against Torture (CAT) •Committee on the Rights of the Child (CRC) •Committee on Migrant Workers (CMW) •Committee on the Rights of Persons with Disabilities (CRPD) •Committee on Enforced Disappearance (CED)

Malone: Multilateralism & Unilateralism

"The USA has developed a marked and growing impatience with the constraints of multilateral diplomacy...there is also a decreasing disposition to convince allies and others of the wisdom of Washington's views."

UN Charter Article 2

- "All Members shall settle their international disputes by peaceful means..." - "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..."

Ch. VII & the "Arab Spring" Syria

- About 125k killed in crackdown by Assad and civil war (~half civilians) - Feb. 2012: Russia, China veto first SC resolution (13-2) - Kofi Annan peace plan, backed by UNSC and Arab League...failed - Lakhdar Brahimi is current UN/Arab League envoy - April 21, 2012: UNSC authorizes 300 observers (Res. 2043)...but they left in June 2012 - Focus now on chemical weapons and Geneva talks

Ch. VII & the "Arab Spring" Libya

- Gaddafi in power for 42 years - 2011: 6-month uprising and civil war, Gaddafi responded with violence - UNSC Res. 1973: end to attacks, tighter sanctions, no-fly zone • 10 votes in favor, 5 abstentions (Russia, China, Germany, Brazil, India) • Backed by Arab League, enforced by NATO - Post-conflict activities: UN Support Mission in Libya, plus 15 UN agencies

Key sources of law for war conduct

- Geneva Conventions: 1864, 1906, 1929, 1949 - Hague Conventions: 1899, 1907 - 1949 Nuremberg Principles (UN International Law Commission) - 1998 Rome Statute (UNGA resolution)

The Gulf War (prelude)

- July 1990: Amb. April Glaspie: "We take no position on these Arab affairs" • August 2, 1990: Iraq invades Kuwait • Security Council immediately condemns invasion • U.S. forges large international coalition (about 40 states contribute personnel, equipment or $$) • Passes 12 subsequent resolutions

Post gulf war approach (coercive component)

- Two-pronged approach by UN: sanctions plus disarmament - Resolution 687 (April 1991) • Submit to inspections of its WMD and ballistic missiles with range over 150 k • Creates UNSCOM • Sanctions lifted once UNSCOM and IAEA have completed their work

Post gulf war approach (humanitarian component)

- UN Iraq-Kuwait Observation Mission • monitor the demilitarized zone along the Iraq-Kuwait border, deter border violations and report on any hostile action - Operation Provide Comfort • U.S.-led but justified in terms of Resolution 688 • Partly a response to repression following March-April 1991 uprisings • No-fly zones; relief camps in Kurdistan, later handed off to UNHCR - 500 UN "Guards" to facilitate humanitarian relief and provide security in refugee camps (based on MOU with Baghdad)

As of 31 Dec. 2013:

-15 current operations (68 historically) -98k uniformed personnel -122 contributing countries -5.1k int'l civilian personnel -12k local civilian personnel -2013-14 budget: $7.8 billion -outstanding contributions: $2.2 billion Overseen by DPKO

9/11

-2000 and 2001: NSA Rice and Sec. of State Powell describe Iraq as "boxed in" and "contained" -Post-9/11 "nexus" argument -Terrorism + WMD + "rogue" regimes - "Bush Doctrine": "Our Nation's cause has always been larger than our Nation's defense. We fight, as we always fight, for a just peace -- a peace that favors liberty. We will defend the peace against the threats from terrorists and tyrants. We will preserve the peace by building good relations among the great powers. And we will extend the peace by encouraging free and open societies on every continent." President Bush, West Point, June 1, 2002

war conduct

-Military personnel and combatants who are captured or who surrender shall not be killed and shall be treated humanely -In occupied territory, civilians not taking part in hostilities must be spared and protected

When is the use of force legal?

-Self Defense (article 51): actual or imminent attack -security council authorization (chapter VII) -proportionality principle always applies

Security Council Positions on War 2003

-Support: United States, UK, Bulgaria, Spain -Undecided: angola, cameroon, chile, guinea, mexico, pakistan -opposed: france, russia, china, germany

Gulf War 1991

-Swift victory (January 17-February 28) About 450 coalition troops killed -U.S.: 294 dead (114 enemy action, 145 accident, 35 friendly fire) Iraqi dead: 20-40k combat, 3.5-13k civilian (100k "indirect") -Limited aims for Bush: Chase Iraq out of Kuwait but do not go to Baghdad - Why not go all the way to Baghdad? -->"Highway of Death" no other forces willing to invade Iraq

Why did US & Iraq have good relations in the 80s?

-U.S. supports Iraq in war with Iran (1980-88) with intelligence, aid (about $1 billion), training, military equipment, dual-use technology (including biological toxins and chemicals), and naval engagement • To allow this, White House removed Iraq from list of State Sponsors of Terrorism in 1982 (to the dismay of Congress and State Dept.)

UN peaceful settlement

-basic principle of the UN -Chapter VI: disputing parties must first seek peaceful settlement; encourage to refer disputes to SC & GA for resolution -Chapter VIII: regional organizations; nothing in the un charter presents regional orgs. from helping form resolutions -international courts: ICJ, ICC, and hoc tribunals

Reality of collective security (Miller)

-community interests over self interests -problems of agency -collective action, free riding -controlling great powers

Resolution 687

-decides that Iraq shall unconditionally accept the destruction, removal, or rendering harmless, under intl supervision of chem., bio, nuclear, missiles and weapons with a range of over 150km -decides upon approval by SC, that if Iraq has completed all required actions the prohibitions against imports of commodities and products originated in Iraq and other prohibitions against financial transactions shall have no further effect

Resolution 660

-security council condemns Iraq's invasion of Kuwait -demands that Iraq withdraw troops -calls upon Iraq and Kuwait to immediately find resolution to its disputes -decides to meet again to ensure compliance with resolution

Opinion on US's war effort

-support and perception of US efforts and sincerity declined sharply over time

Resolution 678

1. Demands that Iraq comply fully with resolution 660 and all other relevant resolutions as well as allows Iraq one final opportunity, as a pause of goodwill, to do so 2. Authorizes Member States co-operating with the Government of Kuwait to use all necessary means to uphold and implement resolution 660 (1990) and all other relevant resolutions and to restore international peace and security in the area 3. Requests all States to provide appropriate support for the actions undertaken in pursuance of paragraph 2 of the present resolution 4. Requests the States concerned to keep the Security Council regularly informed on the progress of actions undertaken pursuant to paragraphs 2 and 3 of the present resolution

Two Forms of Human Rights Governance

1. IOs and states -usually not the prime movers -can legitimize and codify norms -can take action (such as sanctions, aid, intervention). E.g., Apartheid, Kosovo, Somalia, Darfur 2. Int'l human rights movement -INGOs (AI, HRW ) and individuals (Mandela, Carter) -transnational activism campaigns -help/aid on the ground (Doctors w/o Borders, ICRC, Catholic Relief Services)

Five general approaches to UN Peace & Security

1. International law 2. Preventive diplomacy/peaceful settlement 3. Collective enforcement 4. Peacekeeping 5. Arms Control/Nonproliferation

CHAPTER VII

ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION -articles 39-43

Peacekeeping in SomaliaPeacebuilding

Civil War in 1991; President Siad Barre ousted; fighting among competing clans • 300k died in early 1992; 1m refugees • SC Res 733 in April 1992: arms embargo and must allow humanitarian assistance • UNOSOM I: never had enough resources, limits of "consent" model • December 1992: Security Council unanimously adopted Resolution 794, authorizing the use of "all necessary means to establish as soon as possible a secure environment for humanitarian relief operations in Somalia". • UNITAF (UN-authorized, U.S.-led) and UNOSOM II (1993- 1995): success with humanitarian aid but not on political and security front • Signature example of "complex peacekeeping." Shows difficulty of ambitious mandates and of absence of consent

Major UN Based Human Rights Treaties

universal declaration, genocide, racial discrimination, torture, rights of children, etc.

Regulation of other Weapons

• Chemical and biological: - 1925 Geneva Convention: prohibited use of C & B weapons - BWC (1972), 165 parties can't produce, stockpile or use (little monitoring) - CWC (1993), 188 parties can't produce, stockpile or use (OPCW) • Other key treaties - 1980 UN Convention on Certain Conventional Weapons (117 parties) - 1997 Mine Ban Treaty (anti-personnel landmines) (161 parties) - 2008 Convention on Cluster Munitions (84 parties) - 2013 Arms Trade Treaty (7 parties?)

Traditional Peacekeeping

• Cold War, "First generation" • Late 1940s: ceasefires in Palestine and Kashmir • Suez 1956: oversee withdrawal of troops • Cyprus 1964: buffer zone following ceasefire • No enforcement powers • Culture of consent and impartiality

Three Generations of HR

• First Generation: Negative rights. Block government interference with individual rights, liberties • Second Generation:Positive rights. Minimal benefits, responsibilities a state must provide • Third Generation: Collectivities of people. Protection of minorities, indigenous peoples, women, children, etc.

Collective Enforcement

• Ideal collective security + power politics - Like an institutionalized "concert system" • Chapter VII • Only works if P5 agree; can't be used against P5 • More frequent use of Chapter VII since end of Cold War

Is Peacekeeping Effective?

• Increasingly so, thanks to reforms (Brahimi Report 2000, High-Level Panel 2004) - Match resources to mandates - Increased size of DPKO - Peacebuilding Commission - Streamline procurement and logistics - Emphasis on "best practices" • Highly cost-effective • "Selection problem" - Peacekeepers tend to be deployed to the most difficult situations, so hard to draw inferences based on observed outcomes • Fortna&Howard:"peace keeping keeps peace surprisingly well"

Military Collective Enforcement

• Korea 1950 - Soviet boycott over China - SC resolutions: 82, 83 and 84 - GA: "Uniting for Peace" resolution • Iraq 1990-1991 • Afghanistan 2001? - SC Res. 1368, September 12 (VII) • Used by U.S. to justify Afghanistan (along with Article 51) - SC Res. 1373, September 28 • Requires states to take action against terrorists (financing, training, movement, safe haven) • Establishes the Counter-Terrorism Committee

2003 Invasion: A Unilateral Policy?

• Legal under international law? - No - Not self-defense (Article 51); not authorized by SC - Resolution 1441: "final opportunity" & "serious consequences," but SC must reconvene "to consider the situation" - Not proportional • Approved by an international organization? - No • Conducted with a large number of states? - Not really - Support mostly rhetorical or coaxed

The Responsibility to Protect (R2P)

• Most violence today is internal to states • UN dilemma: reconcile principle of sovereignty with its mandate to maintain peace and security • Int'l Commission on Intervention and State Sovereignty (ICISS) - Reaction to Rwanda, Srebrenica, Kosovo - Replace "humanitarian intervention" with "R2P" • If a state fails to uphold its responsibility to its citizens, that responsibility falls to int'l community

Peacebuilding

• New set of functions - Reconstitute and train police - Repatriate refugees - Establish civilian administration - Elections - "nation-building" • Yugoslavia, Kosovo, East Timor • "Neo-Trusteeship" • 2005: Peacebuilding Commission - Propose integrated strategies for post-conflict recovery; - Help to ensure predictable and sustained financing - Extend the period of attention by the international community to post- conflict recovery; - Develop best practices on issues that require extensive collaboration among political, military, humanitarian and development actors.

UN Peacekeeping

• Not in Charter; practice that has developed over time • Requires UNSC approval and ongoing support • Requires troop contributions by member-states (who become "blue helmets"), usually small countries and "middle powers" rather than P5 • "Chapter VI-and-a-half" • Three guiding principles: - Consent of the parties; - Impartiality; - Non-use of force except in self-defense and defense of the mandate • Evolution: "traditional" v. "complex" v. "peacebuilding"

Arms Control and UN

• Nuclear Non-Proliferation Treaty (NPT) (1968). - Non-nuclear states: can never acquire nukes - Declared nuclear powers: must work toward eliminating nukes - Must assist non-nuclear states with peaceful nuclear power • IAEA (1957): Monitoring and inspections of nuclear programs. - Safety of programs - No diversion from civilian to military • Additional Protocol (1997) • UNSC as enforcer, often with sanctions

Sanctions and Proliferation: When do they work?

• Nukes brings prestige and deterrence • Sanctions alone unlikely to work - Should be part of a broad strategy • Sanctions most likely to work - against dependent states - When multilateral - When goals are clear, limited • Must ask: What is the alternative? - Inaction, preventive war, carrots

International Criminal Court

• Previous status quo: Int'l War Crimes Tribunals (e.g., ICTY, ICTR) and other ad hoc efforts (Sierra Leone, Cambodia) • 1998: Rome Statute; 2002: "entry into force" • Promoted by coalition of NGOs • Coalition for the ICC: 2500 NGOs

Why Is Security Council Authorization Important?

• Realism has trouble explaining it • Constructivist argument: - Renders the action legal and legitimate • Neoliberal argument: - More efficient coalition-building • Thompson information argument: - UNSC sends a meaningful signal to international community • Sender of coercion is willing to accept constraints • A diverse set of countries has endorsed the action

Interwar Years

• Sanctions plus inspections • The "no-fly" zones (Resolution 688) • Rocky relations: UNSCOM and Iraq • Divisions emerge on Council • U.S. & U.K. v. France, Russia, China • Presidential palaces and other "sensitive sites" • Partial lifting of sanctions as a carrot • Use of force as appropriate tool • "Sanctions of Mass Destruction" - FAO (1995): 600k Iraqi children have died - UNICEF (1999): 500k children under 5 have died (sanctions plus war) - Vital materials delayed or denied (e.g., syringes, chlorine, insecticides) - Mueller & Mueller: Iraq sanctions have killed more people than all "WMD" use throughout history! - Given the lack of success, many calls for a new approach • "Oil-for-food" program as of 1996

U.S. Policy: Multilateralism to Unilateralism

• Security Council resolutions,Gulf War coalition, and postwar approach were thoroughly multilateral • Creeping unilateralism - "no-fly" zones - Impatience with inspections • Desert Fox - Opposed by France, Russia China - End of UN inspections

Complex Peacekeeping

• Since CW: much more peacekeeping ("second generation") • Two new features - Coercive element (often with Chap. VII); "peace enforcement" - Wider range of functions • Monitor elections, human rights and disarmament • Limited force to restore peace or ensure delivery of aid • Humanitarian intervention: open supply lines, protect aid workers and refugees, create safe havens • Internal as well as international conflict • Examples: Somalia, Yugoslavia • Problem: mandate can outstrip capacity - Eg: UNPROFOR and Srebenica

Lessons from Iraq

• The costs of unilateralism - Not just legitimacy but also policy effectiveness • Important role of domestic publics abroad - Often the difference between support and no support from governments • The UN Security Council as"legitimizer"of intervention - Compare to 1991 Gulf War - U.S. unwilling to accept input, constraints

HR in International Law

• UN Charter (Article 1, Article 55) - The UN shall promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion" (Art. 55) - Relationship to domestic noninterference?

UN HR council

• UN High Commissioner for Human Rights - Secretariat,coordinates activities throughout system - Promotion and advocacy • Commission on Human Rights (ECOSOC) - Helped draft treaties - Heard complaints; made recommendations - 53members, allotted by region - Became controversial."Legitimacy deficit" • Human Rights Council (replaced Commission in 2006) -More selective membership of 47 states (majority vote of GA) - Members can be suspended for abuses - "a forum empowered to prevent abuses, inequity and discrimination, protect the most vulnerable, and expose perpetrators" • Various Committees to monitor treaty implementation

Post Iraq War Events

• UN inspections,plus int'l community pressure, had worked • Lack of post war support linked to lack of UN approval • UN provided some humanitarian reliefand "peacebuilding" functions after war but largely shut out by CPA, Bremer • August2003:Canal Hotel bombing - UN headquarters in Iraq - Sergio Vieira de Mello and 20 others killed - Most UN personnel leave

UNMOVIC and ISG

• UN weapons inspectors return in the form of UNMOVIC...but find nothing • Iraq Survey Group - David Kay: "It turns out that we were all wrong" - Duelfer Report - Nuclear program ended in 1991 - "ISG judges that Iraq unilaterally destroyed its undeclared chemical weapons stockpile in 1991. There are no credible indications that Baghdad resumed production of chemical munitions thereafter, a policy ISG attributes to Baghdad's desire to see sanctions lifted..." - Bio program abandoned in 1995. "ISG found no direct evidence that Iraq, after 1996, had plans for a new BW program or was conducting BW-specific work for military purposes."