Humanitarian Intervention and the Responsibility to Protect: Redefining a Role for “Kind-hearted Gunmen”
2010; Taylor & Francis; Volume: 29; Issue: 2 Linguagem: Inglês
10.1080/0731129x.2010.498246
ISSN1937-5948
Autores Tópico(s)International Development and Aid
ResumoClick to increase image sizeClick to decrease image size Notes 1 See The Responsibility to Protect: Report of the International Commission on Intervention and State Sovereignty (Ottawa: International Development Research Centre, 2001)[hereinafter cited as The Report of the ICISS]; and The Responsibility to Protect: Research, Bibliography, Background, supplementary volume to The Report of the ICISS, available at: http://www.iciss.gc.ca 2 Jutta Brunnee and Stephen Toope, “Norms, Institutions and UN Reform: The Responsibility to Protect,” Journal of International Law and International Relations 2, no. 1 (2005): 122; Jennifer Welsh, “The Rwanda Effect: Development and Endorsement of the ‘Responsibility to Protect,’ ” in After Genocide: Transitional Justice, Post-Conflict Reconstruction and Reconciliation in Rwanda and Beyond, ed. P. Clark and Z. Kaufman (New York: Columbia University Press, 2009), 346. 3 Gareth Evans, “From Humanitarian Intervention to the Responsibility to Protect,” Wisconsin International Law Journal 24 (2006/7): 708. See also The Report of the ICISS, 2.4. 4 See A/RES/60/1, October 24, 2005, 30, paras. 138–39. 5 Thomas Weiss, “R2P After 9/11 and the World Summit,” Wisconsin International Law Journal 24 (2006/7): 743–44. 6 The notion of “sovereignty as responsibility” was first explicitly formulated by Francis Deng, a former representative of the U.N. Secretary-General on Internally Displaced Persons. See, for example, Francis Deng, Protecting the Dispossessed (Washington, DC: Brookings Institution, 1993); see also Kofi Annan, “Two Concepts of Sovereignty,” in The Question of Intervention: Statements by the Secretary General (New York: United Nations, 1999). 7 Evans, “From Humanitarian Intervention to the Responsibility to Protect,” 708–709. 8 Absolute sovereignty has always been an ideal construct that never existed historically. For a fuller elaboration of this argument see Francis K. Abiew, The Evolution of the Doctrine and Practice of Humanitarian Intervention (The Hague: Kluwer Law International, 1999). See also, Carlo Focarelli, “The Responsibility to Protect Doctrine and Humanitarian Intervention: Too Many Ambiguities for a Working Doctrine,” Journal of Conflict and Security Law 13, no. 2 (2008): 194–95. 9 Evans, “From Humanitarian Intervention to the Responsibility to Protect,” 708–709. 10 See Oliver Ramsbotham and Tom Woodhouse, Humanitarian Intervention in Contemporary Conflict: A Reconceptualization (Cambridge, UK: Polity Press, 1996). 11 The Report of the ICISS, 19–27. However, see Gelijn Molier, “Humanitarian Intervention and the Responsibility to Protect after 9/11,” Netherlands International Law Review 53 (2006): 48. See also Alex Bellamy, “Conflict Prevention and the Responsibility to Protect,” Global Governance 14 (2008): 135–56 (identifying some key fundamental principles that might help advance the responsibility to prevent). 12 The Report of the ICISS, 39–45. 13 Stephen Pullinger, “Implementing The Responsibility to Protect: The Role of Regional and Sub-Regional Partners,” (report, Wilton Park Conference 922, Steyning, UK, July 11–13, 2008). 14 Stephen Pullinger, “Implementing The Responsibility to Protect: The Role of Regional and Sub-Regional Partners,” (report, Wilton Park Conference 922, Steyning, UK, July 11–13, 2008). 15 The Report of the ICISS, 67. 16 Molier, “Humanitarian Intervention and the Responsibility to Protect after 9/11,” 48. 17 For a representative sample, see Richard Lillich, “Forcible Self-Help by States to Protect Human Rights,” Iowa Law Review 53 (1967): 325–351; Jean Pierre Fonteyne, “The Customary International Law Doctrine of Humanitarian Intervention: Its Current Validity under the UN Charter,” California Western International Law Journal 4 (1974): 203–270. 18 See The Report of the ICISS, 29–32. 19 See The Report of the ICISS, 32–37. 20 On the question of the legitimacy of pro-democratic interventions, see Fernando Teson, “The Vexing Problem of Authority in Humanitarian Intervention: A Proposal,” Wisconsin International Law Journal 24 (2006/7): 764–65; and Thomas Franck, “The Emerging Right to Democratic Governance,” American Journal of International Law 86, no.1 (1992): 81. 21 Amitav Acharya, “Redefining the Dilemmas of Humanitarian Intervention,” Australian Journal of International Affairs 56, no. 3 (2002): 375. 22 Amitav Acharya, “Redefining the Dilemmas of Humanitarian Intervention,” Australian Journal of International Affairs 56, no. 3 (2002): 375. 23 Christopher Joyner, “ ‘The Responsibility to Protect’: Humanitarian Concern and the Lawfulness of Armed Intervention,” Virginia Journal of International Law 47 (2006/7): 712. 24 The Report of the ICISS, 36. 25 The Report of the ICISS, 36–37. 26 The Report of the ICISS, 37. 27 Joyner, “ ‘The Responsibility to Protect,’ ” 714. 28 See Acharya, “Redefining the Dilemmas of Humanitarian Intervention,” 375. 29 See Acharya, “Redefining the Dilemmas of Humanitarian Intervention,” 375. 30 The Economist, “It's Our Fight Now,” December 14, 1992, 10, quoted in Acharya, “Redefining the Dilemmas of Humanitarian Intervention,” 375–376. 31 The Report of the ICISS, 37. 32 See generally, The Report of the ICISS, 47–55. 33 See generally, The Report of the ICISS, 49. 34 Gareth Evans and Mohamed Sahnoun, “The Responsibility to Protect,” Foreign Affairs 81 (2002): 108. 35 See Michael Reisman, “Criteria for the Lawful Use of Force in International Law,” Yale Journal of International Law 10 (1985): 281; Fernando Teson, Humanitarian Intervention: An Inquiry into Law and Morality (Ardsley-on-Hudson, NY: Transnational Publishers, 1988), 150. 36 See for example the sources cited in Abiew, The Evolution of the Doctrine and Practice of Humanitarian Intervention, 33–34. 37 See J. L. Holzgrefe, “The Humanitarian Intervention Debate,” in Humanitarian Intervention: Ethical, Legal, and Political Dilemmas, ed. J. L. Holzgrefe and Robert O. Keohane (Cambridge, UK: Cambridge University Press, 2003), 25 (and the footnotes therein). 38 Fernando Teson, “The Liberal Case for Humanitarian Intervention,” in Holzgrefe and Keohane, Humanitarian Intervention: Ethical, Legal, and Political Dilemmas, 93. 39 For a detailed analysis, see Teson, Humanitarian Intervention, 172–73. 40 Michael Walzer, “Moral Standing of States: A Response to Four Critics,” Philosophy and Public Affairs 9, no. 3 (1980): 211–12, cited in Holzgrefe and Keohane, 33. 41 Michael Walzer, Just and Unjust Wars: A Moral Argument with Historical Illustrations, 3rd ed. (New York: Basic Books, 2000), 107. 42 Michael Walzer, “The Politics of Rescue,” Social Research 62, no.1 (1995): 55. 43 Michael Walzer, “Moral Standing of States: A Response to Four Critics,” cited in Holzgrefe, “The Humanitarian Intervention Debate,” in Holzgrefe and Keohane, 34. 44 Focarelli, “The Responsibility to Protect Doctrine and Humanitarian Intervention,” 197. 45 Welsh, “From Right to Responsibility: Humanitarian Intervention and International Society,” 514. 46 Holzgrefe, “The Humanitarian Intervention Debate,” 33–35. 47 Teson, “The Vexing Problem of Authority in Humanitarian Intervention,” 765–66. 48 See Donald Puchala, The Ethics of Globalism (Providence, RI: Academic Council on the United Nations System Reports and Papers, No. 3, 1995). 49 Our Global Neighbourhood: The Report of the Commission on Global Governance (Oxford, UK: Oxford University Press, 1995), 81–84. 50 For a detailed exposition on changing security paradigms from a cosmopolitan perspective in global politics, see Patrick Hayden, Cosmopolitan Global Politics (Aldershot, UK: Ashgate, 2005), chap. 3. 51 The Report of the ICISS, 15. 52 The Report of the ICISS, 15. 53 Joyner, “The Responsibility to Protect’: Humanitarian Concern and the Lawfulness of Armed Intervention,” 707. 54 For a fuller discussion of these issues, see Francis K. Abiew, “NGO–Military Relations in Peace Operations,” in Mitigating Conflict: The Role of NGOs, ed. Henry Carey and Oliver Richmond (London: Frank Cass, 2003), 24–39. 55 Brunnee and Toope, “Norms, Institutions and UN Reform: The Responsibility to Protect,” 133, 135. 56 George W. Bush, “Remarks by the President at 2002 Graduation Exercise of the United States Military Academy,” June 1, 2002, 2–3, http://www.nti.org/e_research/official_docs/pres/bush_wp_prestrike.pdf, also quoted in Bruce W. Jentleson, “Military Force Against Terrorism: Questions of Legitimacy, Dilemmas of Efficacy,” in Beyond Preemption: Force and Legitimacy in a Changing World, ed. Ivo Daalder (Washington, DC: Brookings Institution Press, 2007), 43. 57 See The National Security Strategy of the United States of America (Washington, DC: The White House, 2002), 15, available at: http://www.georgewbush-whitehouse.archives.gov.nsc/nss/2002/ 58 Quoted in Thomas Weiss, “The Sunset of Humanitarian Intervention? The Responsibility to Protect in a Unipolar Era,” Security Dialogue 35, no. 2 (2004): 143. 59 See generally Lee Feinstein and Ann-Marie Slaughter, “A Duty to Prevent,” Foreign Affairs 83 (2004): 136–50. 60 See generally Lee Feinstein and Ann-Marie Slaughter, “A Duty to Prevent,” Foreign Affairs 83 (2004): 147. 61 Thomas Nichols, “Anarchy, Order, and the New Age of Prevention,” World Policy Journal 22, no. 3 (2005): 20, quoted in Thomas Weiss, “R2P After 9/11 and the World Summit,” 752. 62 Ivo Daalder and James Steinberg, “Preventive War, a Useful Tool,” Los Angeles Times, December 4, 2005, M3, cited in Weiss, “R2P After 9/11 and the World Summit,” 752. See also Allen Buchanan and Robert Keohane, “The Preventive Use of Force: A Cosmopolitan Institutional Proposal,” Ethics and International Affairs 18, no.1 (2004): 1–22 (calling for the “cosmopolitan” use of preventive military force). 63 Daalder and Steinberg, “Preventive War, a Useful Tool,” quoted in Weiss, “R2P After 9/11 and the World Summit,” 752–53. 64 See Michael Ignatieff, “Why are we in Iraq? (And Liberia? And Afghanistan?),” New York Times Magazine, September 7, 2003, 38, cited in S. Neil Macfarlane, Carolin Thielking, and Thomas Weiss, “The Responsibility to Protect: Is Anyone Interested in Humanitarian Intervention?” Third World Quarterly 25, no. 5 (2005): 989. 65 Weiss, “R2P After 9/11 and the World Summit,” 748. 66 Weiss, “R2P After 9/11 and the World Summit,” 749–50. 67 See especially Kenneth Roth, “War in Iraq: Not a Humanitarian Intervention,” in Human Rights Watch World Report 2004: Human Rights and Armed Conflict (New York: Human Rights Watch, 2004), 13–33. 68 Gareth Evans, “The Responsibility to Protect: An Idea Whose Time Has Come … and Gone?” International Relations 22, no.3 (2008): 294. 69 Gareth Evans, “The Responsibility to Protect: An Idea Whose Time Has Come … and Gone?” International Relations 22, no.3 (2008): 294. 70 See Weiss, “R2P After 9/11 and the World Summit,” 752. See also Focarelli, “The Responsibility to Protect Doctrine and Humanitarian Intervention,” 201–209 (for an excellent summary of the position of states supporting and opposing R2P at the U.N.). 71 Alex Bellamy, “Responsibility to Protect or Trojan Horse? The Crisis in Darfur and Humanitarian Intervention in Iraq,” Ethics and International Affairs 19, no. 2 (2005): 32–33. 72 Eric Heinze, “Humanitarian Intervention and the War in Iraq: Norms, Discourse, and State Practice,” Parameters 36 (2006): 32. 73 Weiss, “The Sunset of Humanitarian Intervention?” 149. 74 Adam Roberts, quoted in ibid., 143. 75 Chris Abbott, “Rights and Responsibilities: Resolving the Dilemma of Humanitarian Intervention” Briefing Paper, Oxford Research Group, September, 2005), 11, available at: http://www.oxfordresearchgroup.org.uk/sites/default/files/rightsresponsibilities.pdf 76 Molier, “Humanitarian Intervention and the Responsibility to Protect after 9/11,” 45. 77 Keohane, introduction to Humanitarian Intervention, 11. 78 Ramesh Thakur, The United Nations, Peace and Security (Cambridge, UK: Cambridge University Press, 2006), 262. 79 James Kurth, “Humanitarian Intervention after Iraq: Legal Ideals vs. Military Realities,” Orbis 50, no. 1 (2006): 88. 80 On the contested nature of whether R2P is a concept, principle, or norm, see Alex Bellamy, Responsibility to Protect: The Global Effort to End Mass Atrocities (Cambridge, UK: Polity Press, 2009), 4–7. 81 See Focarelli, “The Responsibility to Protect Doctrine and Humanitarian Intervention,” 210; Ibid., chap. 3. 82 Macfarlane, Thielking, and Weiss, “The Responsibility to Protect: Is Anyone Interested in Humanitarian Intervention?” 990. Additional informationNotes on contributorsFrancis Kofi AbiewFrancis Kofi Abiew is Professor of Political Science at Kwantlen Polytechnic University, Surrey, BC, Canada
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