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Minerva, Spring 2008 (Volume 32) - Citizens for Global Solutions

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JUNE <strong>2008</strong><br />

<strong>Minerva</strong><strong>32</strong><br />

<strong>Citizens</strong> <strong>for</strong> <strong>Global</strong> <strong>Solutions</strong><br />

WORLD FEDERALIST INSTITUTE<br />

My sense of humor will always stand in the way<br />

of my seeing myself, my family, my race, or my nation<br />

as the whole intent of the universe.<br />

Zora Neale Hurston<br />

“Hopping robot <strong>Minerva</strong>” (corner, right), sent with Japan’s Hayabusa mission to explore near-Earth asteroid Itokawa<br />

1 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


In this issue:<br />

3 • EDITORIAL COMMENT: Pioneering Spirit Thesil Morlan<br />

4 • Security: The New Paradigm of Interconnectedness Nafis Sadik<br />

7 • NOTES: Human Security — Connectivity & Responsibility<br />

9 • Overcoming War and Empire Lucy Law Webster<br />

by Incentivizing Justice & Democracy<br />

13 • The Responsibility to Protect: Ingrid Harder<br />

Catchphrase or Cornerstone of International Relations?<br />

25 • The Responsibility to Protect and the ICC: Kelly Whitley<br />

America’s New Priorities<br />

33 • United Nations Emergency Peace Service NGO Letter to Congress<br />

34 • International Justice and the Fatou Bensouda<br />

Challenge of En<strong>for</strong>cement<br />

37 • The Economics of Insecurity Caroline Thomas<br />

43 • A UN Covenant on the Right to Water Maude Barlow<br />

45 • BOOK REVIEW: <strong>Global</strong> Environmental Governance, Marquita K. Hill<br />

Perspectives on the Current Debate<br />

by Lydia Swart and Estelle Perry, Center <strong>for</strong> UN Re<strong>for</strong>m Education<br />

46 • BOOK REVIEW: Political <strong>Global</strong>ization Ronald J. Glossop<br />

by James Yunker<br />

48 • BOOK DISCUSSION of <strong>Global</strong> Democracy, The Struggle<br />

<strong>for</strong> Political & Civil Rights in the 21st Century<br />

by Didier Jacobs<br />

OVERVIEW<br />

Claude Buettner<br />

INSIDE VIEW<br />

Didier Jacobs<br />

CRITIQUE<br />

Joseph Schwartzberg<br />

RESPONSE<br />

Didier Jacobs<br />

53 • BOOK REVIEW: The Great Experiment Ronald J. Glossop<br />

by Strobe Talbott<br />

54 • NOTES & RESOURCES<br />

“The beauty of <strong>Minerva</strong> is that it<br />

provides a lot of opportunity <strong>for</strong> people<br />

in the social sciences and humanities to<br />

solve national-security-related questions,”<br />

says Penn State University President<br />

Graham Spanier, of the Pentagon’s new<br />

project, the <strong>Minerva</strong> Consortia, which<br />

he helped plan with Defense Secretary<br />

Robert Gates and others (“Pentagon to<br />

Consult Academics on Security”, Patricia<br />

Cohen, New York Times, 18 June <strong>2008</strong>)<br />

Responsibility to Protect ~ R2P<br />

Roger Cohen in his 21 February <strong>2008</strong><br />

New York Times column, “A Change to<br />

Believe In”, wrote:<br />

I believe the tide will eventually<br />

turn. R2P will be a reference. It is part<br />

of what Lawrence Weschler has called<br />

“the decades-long, at times maddeningly<br />

halting, vexed, and compromised ef<strong>for</strong>t<br />

to expand the territory of law itself”.<br />

The “territory of law” is now<br />

also the universal territory on which<br />

human life is protected. Westphalian<br />

principles meet R2P. An R2P generation<br />

is coming.<br />

CALL FOR R2P ESSAYS<br />

If you are part of an “R2P Generation”,<br />

how does that principle characterize<br />

your views, intentions, and expectations?<br />

What might a world governed<br />

by such a generation look like? How<br />

should the Responsibility to Protect be<br />

expressed in global citizenship?<br />

Send your thoughts on these and any related<br />

questions to the address below by 1<br />

September <strong>2008</strong>. Several essays will be<br />

selected <strong>for</strong> publication in future editions.<br />

Front cover art (lower image) credit:<br />

Ikeshita/MEF/JAXA (see page 58)<br />

In<strong>for</strong>mation cut-off date:<br />

20 June <strong>2008</strong><br />

<strong>Citizens</strong> <strong>for</strong> <strong>Global</strong> <strong>Solutions</strong> promotes<br />

discussion of global issues; the views presented<br />

in <strong>Minerva</strong> are each author’s own.<br />

<strong>Minerva</strong><br />

This occasional collation, supported by<br />

the World Federalist Institute of <strong>Citizens</strong><br />

<strong>for</strong> <strong>Global</strong> <strong>Solutions</strong>, is named in honor of<br />

one of the four women signers of the UN<br />

Charter, <strong>Minerva</strong> Bernardino (1907–1998),<br />

who helped found the UN Commission on<br />

the Status of Women.<br />

2 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

Editor:<br />

Thesil Morlan<br />

PO Box 397<br />

Waldoboro, ME 04572<br />

Tel & Fax 207-8<strong>32</strong>-6863<br />

E-mail: thesil@midcoast.com<br />


Pioneering Spirit<br />

Last time, in a riff on besottment with<br />

calamitous or comitologically triumphant<br />

“end times”, <strong>Minerva</strong> considered purported<br />

elements of agency in evolution, focusing<br />

on snares of wishfulness that both inspire<br />

and hinder the development of truly useful<br />

survival instincts in a global citizenry.<br />

The musing included references to an August<br />

2007 essay in the Philadelphia Inquirer<br />

by WFI Fellow Tad Daley, who reminds us:<br />

“Bertrand Russell taught that the greatest<br />

moral imperative [is] this: ‘One must care<br />

about a world one will never see’.”<br />

Do the traditional mantras of adaptation<br />

and mitigation, now echoing louder in<br />

discussions of environmental change and<br />

other threats, involve earthbound scenarios<br />

exclusively, or should they include looking<br />

beyond our biosphere? Shall we look even<br />

beyond the “high frontier” that the US<br />

Space Command intends to control, with<br />

its Vision <strong>for</strong> 2020 plans <strong>for</strong> “counterspace<br />

operations” supporting a policy of “full<br />

spectrum dominance”? It is hardy reassuring<br />

that, as James Carroll writes (Boston<br />

Globe, 12 May <strong>2008</strong>), “The world-historic<br />

decision about carrying warfare across the<br />

last threshold into outer space” — “into the<br />

‘fourth battlefield’ of the very cosmos” —<br />

already is “being left to defense contractors,<br />

military commanders, and their wholly<br />

owned subsidiary” in Washington DC: a<br />

government “refusing to discuss a treaty<br />

aimed at preventing an arms race in outer<br />

space” at the United Nations Conference<br />

on Disarmament in Geneva <strong>for</strong> the last<br />

six years.<br />

So how do we avoid traipsing among the<br />

scorched corpses of Cormac McCarthy’s<br />

The Road, their dreams “ensepulchred<br />

within their crozzled hearts”, or relaxing<br />

in the grim com<strong>for</strong>t of Alan Weisman’s<br />

The World Without Us, or befuddlement by<br />

the current proliferation of similar thought<br />

experiments? What if nature, trapped by its<br />

human leg, chews us off? Or if humanity<br />

merely functions as a modulating retrovirus<br />

in the body of earth? Or we’re avatarobsessed<br />

figments in a universal brain’s<br />

game, played in almighty singularity or in<br />

contest with brains of other universes?<br />

In that context, it is not so far-fetched to<br />

consider that, aside from natural temptation<br />

to escape, it may be invigorating to re-assert<br />

a sovereign sense of human purpose by<br />

contemplating, with Tad Daley, that “all<br />

of us now alive, on behalf of all those not<br />

yet alive, have only just barely embarked”<br />

on an “endless expedition” to colonize<br />

other planets.<br />

Others speculate that there may be an asyet<br />

unidentified advancement-inhibiting<br />

factor (called “the Great Filter” by some)<br />

that civilization(s) can’t penetrate in each<br />

other’s direction (and so it could be ominous<br />

rather than promising to find signs of <strong>for</strong>mer<br />

life on Mars, suggests Nick Bostrom,<br />

director of the Future of Humanity Institute<br />

at Ox<strong>for</strong>d University).<br />

Maybe the filter is that the wrong synchronizing<br />

organization is always put in charge!<br />

For example, the deputy director of the<br />

recently established US Northern Command<br />

describes Northcom as the United<br />

States’ “global synchronizer — the global<br />

coordinator — <strong>for</strong> pandemic influenza<br />

across the combatant commands”.<br />

“Of all the frontiers of expansion, perhaps<br />

none is more striking than the Pentagon’s<br />

sorties into the future,” comments Frida<br />

Berrigan, Senior Program Associate at<br />

the New America Foundation’s Arms &<br />

Security Initiative. While most government<br />

agencies “project budgets just around the<br />

corner of the next decade,” she observes,<br />

“only the Pentagon projects power and<br />

possibility decades into the future, colonizing<br />

the imagination with scads of different<br />

scenarios under which, each year, it will<br />

continue to control hundreds of billions<br />

of taxpayer dollars” (TomDispatch, 27<br />

May <strong>2008</strong>).<br />

Daley notes that Carl Sagan “claimed<br />

that spaceflight was actually subversive<br />

[because, a]lthough governments have<br />

ventured into space largely <strong>for</strong> nationalistic<br />

reasons, ‘it was a small irony that almost<br />

everyone who entered space received a<br />

startling glimpse of a transnational perspective,<br />

of the Earth as one world’. Seeing our<br />

planet as a whole, apparently, enables one<br />

to see our planet as a whole. … Space may<br />

someday deliver to us arguably the greatest<br />

progressive value of all. The ethic of human<br />

3 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

unity that space seems inevitably to engender<br />

may, down the road, ultimately engender<br />

permanent human peace as well.”<br />

But if that perspective from beyond — in<br />

the earliest exploratory stages — helps us<br />

develop a salutary sense of unity on earth,<br />

as Daley observes, perhaps it also presages<br />

that we will cling elsewhere to the revolutionary<br />

new “planetary patriotism” we’re<br />

endeavoring to advance at home, as stubbornly<br />

as we do now to ethnicities and and<br />

nationalisms. And there<strong>for</strong>e (especially if<br />

we encounter — or even engender — other<br />

life <strong>for</strong>ms beyond earth) are we doomed to<br />

accomplish nothing as travellers?<br />

“Science fiction” literature is full of struggling<br />

federations of planets, burgeoning and<br />

imploding galactic empires, and — alas —<br />

epic wars. But we who projectively read or<br />

write that literature simply do not know a<br />

world without war, so far. Historically, we<br />

have not imagined it well, without trapping<br />

ourselves in various utopian delusions that<br />

turn violent, claims John Gray, professor<br />

of European thought at the London School<br />

of Economics, in his recent study of the<br />

dangers of apocalyptic religion — “reemerg[ing],<br />

naked and unadorned, as a <strong>for</strong>ce<br />

in world politics” (Black Mass - Apocalyptic<br />

Religion and the Death of Utopia).<br />

Decrying the untold suffering caused by<br />

“the myth of the End” that prompted “the<br />

secular religions of the last two centuries”<br />

to imagine a break in “the cycle of anarchy<br />

and tyranny”, Professor Gray recommends<br />

construing politics as “the art of responding<br />

to the flux of circumstances”, requiring<br />

“no grand vision of human advance,<br />

only the courage to cope with recurring<br />

evils” such as “the opaque state of war<br />

into which we have stumbled”. Having no<br />

patience with political “projects of worldtrans<strong>for</strong>mation”,<br />

left-wing or right, or with<br />

“the clash of fundamentalisms” among<br />

transcendental religions that have lost<br />

“the civilizing perception” that their task<br />

is to “attempt to deal with mystery” rather<br />

than insist that mystery has been or will be<br />

“unveiled”, he bleakly expects only that,<br />

“[i]nteracting with the struggle <strong>for</strong> natural<br />

resources, the violence of faith looks set to<br />

shape the coming century”.<br />

Meditating on the Middle East & beyond<br />

in a different spirit, South African


Archbishop Desmond Tutu seductively<br />

describes the war-free unknown world<br />

that humankind hasn’t really imagined<br />

yet as “God’s Dream” about “a day when<br />

all people enjoy fundamental security and<br />

live free of fear; … about a day when all<br />

people have a hospitable land in which to<br />

establish a future. More than anything else,<br />

God’s dream is about a day when all people<br />

are accorded equal dignity because they<br />

are human beings. … God’s dream begins<br />

with … mutual recognition - we are not<br />

strangers, we are kin. It culminates in the<br />

defeat of oppression perpetrated in the name<br />

of security, and of violence inflicted in the<br />

name of liberation. God’s dream routs the<br />

cynicism and despair that once cleared the<br />

path <strong>for</strong> hate to have its corrosive way with<br />

us, and <strong>for</strong> ravenous violence to devour<br />

everything in sight. God’s dream comes<br />

to flower when everyone who claims to be<br />

wholly innocent relinquishes that illusion,<br />

when everyone who places absolute blame<br />

on another renounces that lie, and when differing<br />

stories are told at last as one shared<br />

story of human aspiration. God’s dream<br />

ends in healing and reconciliation. Its finest<br />

fruit is human wholeness flourishing in a<br />

moral universe.<br />

“In the meanwhile, between the<br />

root of human solidarity and the fruit of<br />

human wholeness, there is the hard work<br />

of telling the truth.”<br />

And there is the hard work of learning to<br />

govern ourselves well enough to discern<br />

and live with that truth, whether or not<br />

one conceives of an archbishop’s “moral<br />

universe” or a philosopher’s “moral imperative”.<br />

If we wholeheartedly undertake this<br />

task, bringing all human talents to bear,<br />

we might be <strong>for</strong>tunate enough that the<br />

enterprise will take <strong>for</strong>ever; but if we do<br />

not proceed diligently, our luck will run<br />

out sooner than we realize and the human<br />

experiment will end.<br />

“No one takes up this work on a do-gooder’s<br />

whim,” says Tutu. “It is not a choice. One<br />

feels compelled into it. Neither is it work<br />

<strong>for</strong> a little while, but rather <strong>for</strong> a lifetime —<br />

and <strong>for</strong> more than a lifetime. It is a project<br />

bigger than any one life. This long view is a<br />

source of encouragement and perseverance.<br />

The knowledge that the work preceded us<br />

and will go on after us is a fountain of deep<br />

gladness that no circumstance can alter.”<br />

<strong>Minerva</strong> wishes to share at least that much<br />

faith in an essential collective endeavor.<br />

UN Photo / Mark Garten / 21 May 2007<br />

Nafis Sadik, MD, is Special Adviser to<br />

the United Nations Secretary-General<br />

and UN Special Envoy <strong>for</strong> HIV/AIDS<br />

in Asia-Pacific. She served on the<br />

Secretary-General’s High-level Panel on<br />

Threats, Challenges and Change.<br />

Reprinted with her permission, this was<br />

Nafis Sadik’s keynote address at the conference<br />

on “Mobilising Political Will” in<br />

Helsinki, Finland, September 2005.<br />

Since then, midway through the UN Millennium<br />

Development Goals schedule,<br />

most of the cited statistics have worsened.<br />

Introduction<br />

Security: The New Paradigm<br />

of Interconnectedness<br />

Nafis Sadik<br />

Traditionally, security has been concerned primarily with threats to the state, and the<br />

defence of its borders against other states. In today’s world, protecting national security<br />

has developed new dimensions. … [Most] armed conflicts … [are] within, rather than<br />

between states. Today’s weapon of choice in many conflicts is violence against civilian<br />

populations. The underlying security concerns are more often social than purely<br />

military.<br />

Internal migration, <strong>for</strong> example, has produced a huge new urban generation of young<br />

people in developing countries. They should be a tremendous resource <strong>for</strong> development;<br />

instead, poverty, inequality, unemployment and a failure of opportunity have brought a<br />

tide of violence and discontent to many cities.<br />

Migration across national borders is also a security concern <strong>for</strong> many states. More than<br />

175 million people currently live outside their own countries, a nation of migrants the<br />

size of France, Germany and the UK put together. The scale and social consequences<br />

of international migration demand international discussion and decision – but the issues<br />

are so sensitive that countries cannot agree on an agenda.<br />

Migration highlights the different nature of today’s discussion about security. Individuals<br />

do not always perceive security in the same light as their governments. Migrants,<br />

minorities or other groups excluded from the political process may see the state itself<br />

as a source of insecurity.<br />

4 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


For the poor, however, the major source<br />

of insecurity is their own poverty, and the<br />

social conditions that accompany poverty:<br />

ill-health, illiteracy, exclusion and<br />

inequality, including gender inequality. For<br />

example, World Bank research shows that<br />

poor women’s greatest fear is ill-health;<br />

and a health crisis is the cause most often<br />

cited by families who have fallen into<br />

destitution.<br />

As experience constantly reminds us –<br />

from the global HIV/AIDS epidemic to the<br />

hunger crisis … – individual insecurity on<br />

a large enough scale becomes a threat to<br />

national, regional and even global security.<br />

And extreme poverty is on a vast scale:<br />

over a billion people live on less than a<br />

euro a day. Three billion people, half the<br />

world’s population, live on less than two<br />

euros a day.<br />

All these issues, and many more, are<br />

well documented. They are the subject of<br />

endless discussion at all levels. There are<br />

solid international agreements on how to<br />

approach them. Yet somehow the political<br />

will to respond is lacking. Governments<br />

look first – and often only – at their narrow<br />

self-interest. The international response is<br />

accordingly weak and hesitant.<br />

To give only two examples of this failure<br />

of political will: first, world military<br />

expenditure in 2004 was over $1,000 billion,<br />

or 2.6 per cent of global GNP. One<br />

country was responsible <strong>for</strong> nearly half of<br />

that total. Second, in the same year, global<br />

expenditure on international development<br />

assistance from all countries was under<br />

$80 billion. These grossly disproportionate<br />

figures reflect the distorted realities we<br />

live with. The major underlying threats to<br />

security are social, while the overwhelming<br />

bulk of expenditure on security is<br />

military.<br />

Security as a Social Issue<br />

I would like to make three brief points.<br />

• First, human security is essential <strong>for</strong> security<br />

in the broader sense. Better health,<br />

education and moves to reduce gender inequality<br />

help to defeat poverty, exclusion,<br />

powerlessness and deprivation. This in turn<br />

reduces the sense of oppression and injustice,<br />

and denies extremism and conflict the<br />

conditions in which they flourish.<br />

• Second, guaranteeing human security<br />

does not require any new or unusual actions,<br />

nor any especially expensive inputs.<br />

There is a road map, in the <strong>for</strong>m of the<br />

Millennium Development Goals and other<br />

international instruments.<br />

• Finally, all nations must consider their<br />

response to the question of national<br />

security versus human security. The response<br />

includes new thinking on <strong>for</strong>ms of<br />

governance, economic relationships and<br />

international co-operation: it also supports<br />

the multilateral approach to consensusbuilding<br />

through the United Nations.<br />

Protecting national borders no longer guarantees<br />

security. Each nation has to arrive at<br />

a vision of community that includes all its<br />

people, the poor as well as the better-off;<br />

and all its neighbours, in whatever part of<br />

the world they may be. Security demands a<br />

new commitment to multilateralism, and to<br />

the value of the individual human being.<br />

To take these points in order:<br />

Deep and pervasive poverty is an ancient<br />

problem, and to a great extent all societies<br />

have accepted it as inevitable. The<br />

traditions of all cultures, including the<br />

prevailing liberal economic theory, call <strong>for</strong><br />

assistance to the poor; but liberal economics<br />

assumes, in common with all other traditions,<br />

that poverty and inequality are part<br />

of the normal social and economic order.<br />

The realities of the 21st century demand a<br />

closer look at this assumption.<br />

In the last third of the last century, the<br />

most successful developing economies in<br />

Asia and Latin America invested heavily<br />

in social programmes, including universal,<br />

free education <strong>for</strong> both sexes, and in health<br />

care, including reproductive health.<br />

A study by the Royal Institute <strong>for</strong> International<br />

Affairs in London confirms that there<br />

is a two-way relationship between economic<br />

growth and health: “Life expectancy<br />

and adult survival rates exercise a positive<br />

impact on human capital <strong>for</strong>mation and<br />

hence on economic growth. In turn, sustained<br />

growth rates allow <strong>for</strong> better health<br />

5 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

conditions.” In plain language, that means<br />

that healthy people make better workers,<br />

better workers make stronger economies,<br />

and stronger economies allow people to<br />

live better and make good choices.<br />

More specifically, the research of Nancy<br />

Birdsall and Steven Sinding has shown<br />

how better reproductive health, smaller<br />

families and slower population growth,<br />

together with universal education, were<br />

part of the reason <strong>for</strong> the explosive growth<br />

of the East Asian “tiger economies” in the<br />

1980s and 90s.<br />

Amartya Sen has shown how democratic<br />

institutions – and particularly the inclusion<br />

of women in the political process<br />

– contribute to more equitable development.<br />

Among other things, women tend<br />

to focus on the essentials of education<br />

and health care. Sri Lanka, Kerala and<br />

some other states in India, have provided<br />

examples of how to achieve high literacy,<br />

low maternal and child mortality, smaller<br />

families and broader life choices, even in<br />

a low-income setting. The most important<br />

factor was not ample resources so much<br />

as a perception that human security was<br />

of primary importance.<br />

That leads me to my second point: there<br />

is a clear and detailed road map to human<br />

security. The road leads through social investment,<br />

through ending extreme poverty,<br />

to equitable development.<br />

I was a member of the Secretary-General’s<br />

High-level Panel on Threats, Challenges<br />

and Change. After considerable research<br />

and discussion, we concluded that development<br />

is the indispensable foundation<br />

<strong>for</strong> a collective security system, first, to<br />

combat poverty, infectious disease and<br />

environmental degradation which threaten<br />

human security; second, to maintain states’<br />

capacity to meet threats to security; and<br />

finally, to address the environment in<br />

which terrorism and organised crime can<br />

flourish.<br />

The Panel recognised that there were<br />

many obstacles to the efficient delivery of<br />

resources <strong>for</strong> development, including fair<br />

treatment <strong>for</strong> poor countries in matters<br />

such as trade and debt relief. There is also<br />

an urgent need <strong>for</strong> better co-ordination


across sectors, both at the international<br />

level and within governments.<br />

But, reviewing the panel’s deliberations<br />

and recommendations on the social and<br />

economic threats to security, I am struck<br />

by the number of times we referred to work<br />

ongoing, instruments already in place, or<br />

agreements already reached. This raises<br />

the question of how much more secure we<br />

should be, if only member states had kept<br />

all the promises they made over the last<br />

three decades; or if they had taken action<br />

themselves to integrate their policies, along<br />

the lines they prescribed <strong>for</strong> international<br />

institutions.<br />

Member states have already come to<br />

consensus on how to guarantee human<br />

security: the question now is whether they<br />

are prepared to do it.<br />

For example, providing the relatively small<br />

sums required to head off a full-scale HIV/<br />

AIDS outbreak in Asia-Pacific will do<br />

more <strong>for</strong> human security and long-term<br />

stability than almost any other intervention.<br />

This is the considered opinion of the<br />

Asian Development Bank. But support<br />

from the international community <strong>for</strong> the<br />

<strong>Global</strong> Fund against HIV/AIDS, Malaria<br />

and Tuberculosis is a fraction of its requirements.<br />

More broadly, the Millennium Development<br />

Goals are certainly ambitious, but<br />

they are quite practical – or they were …<br />

when the world’s leaders adopted them.<br />

The eight goals are designed to cut extreme<br />

poverty in half by 2015. They are far from<br />

radical — in fact they are largely based on<br />

the consensus agreements of the series of<br />

international conferences that took place<br />

in the 1990s; and these in turn were firmly<br />

based on countries’ experience with development.<br />

Some of them reflect longstanding<br />

agreements, <strong>for</strong> example, on the need <strong>for</strong><br />

maternal health care and universal education,<br />

and plans <strong>for</strong> funding them.<br />

…[T]he United Nations Millennium Project<br />

has worked on targets and indicators to<br />

enable each country to measure its progress<br />

towards the Goals. These are the necessary<br />

technical underpinnings, and they are also<br />

firmly based on national experience and international<br />

consensus. In particular, at the<br />

Monterrey Conference in 2002, the donor<br />

community agreed on levels of funding<br />

necessary to reach the goals. The consensus<br />

document urges developed countries<br />

that have not done so to make concrete<br />

ef<strong>for</strong>ts towards the target that 0.7 percent<br />

of GNP should go to overseas development<br />

assistance, and that 0.15 to 0.20 should go<br />

to the least-developed countries.<br />

…[O]ne country has thrown this long<br />

and complex process into question, first<br />

by claiming that member states have<br />

not agreed on the targets and indicators<br />

necessary to reach the Goals, and second<br />

by repudiating the 0.7 percent target <strong>for</strong><br />

development assistance.<br />

This leads me to my third and final point.<br />

Today, the major threat to ending poverty<br />

is apathy, the apparent lack of political<br />

will on many sides. But there is another<br />

<strong>for</strong>ce at work, which seems to challenge<br />

the very concept of a multilateral approach<br />

to global problems. This position seems<br />

to me to be quite insupportable: the major<br />

states, members of the UN, were at all the<br />

conferences in the 1990s and helped to<br />

<strong>for</strong>ge the various consensus agreements. To<br />

demand major changes overnight to what<br />

amounts to a decade and a half of work is<br />

a challenge to the foundation of the United<br />

Nations’ existence—the long, slow process<br />

of consensus-building among nations.<br />

Perhaps, in some paradoxical way, the<br />

unilateral challenge will energise other<br />

leaders of the international community<br />

to strengthen the multilateral approach. I<br />

hope that the EU and its member states,<br />

<strong>for</strong> example, will address themselves with<br />

renewed vigour to the Goals; and that they<br />

will renew their commitment to the United<br />

Nations process.<br />

Many observers are currently very critical<br />

of the United Nations. The organization<br />

is certainly in need of re<strong>for</strong>m, just as all<br />

political institutions need periodic review.<br />

But legitimate criticism and the process<br />

of review should not obscure the many<br />

achievements of the United Nations system,<br />

among them the painstaking process<br />

of building global consensus on the great<br />

social questions of our age.<br />

We may not after all reach the Millennium<br />

Development Goals in 2015, but all agree<br />

that they can be reached. Ending poverty<br />

is <strong>for</strong> the first time in history agreed to be a<br />

legitimate goal. That perception overturns<br />

the ancient consensus that “the poor are<br />

always with us”. That itself is progress.<br />

We have a new vision of what security<br />

entails: the United Nations process and<br />

the Millennium Development Goals are<br />

the first halting steps towards making that<br />

vision a reality.<br />

Sabina Alkire’s definition of human security:<br />

to protect the vital core of people’s lives from critical and pervasive threats<br />

in a way that is consistent with individual and communal flourishing.<br />

(Sabina Alkire, <strong>for</strong>merly with the Commission<br />

on Human Security Secretariat, is director of the<br />

Ox<strong>for</strong>d Poverty & Human Development Initiative,<br />

Department of International Development,<br />

University of Ox<strong>for</strong>d.)<br />

6 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


NOTES: Human Security ~<br />

Connectivity and Responsibility<br />

From the Center on International Cooperation<br />

at New York University, Richard<br />

Gowan writes (in the Stanley Foundation’s<br />

): “One of the most worrying<br />

trends in current American political<br />

debate is a creeping isolationism. This is<br />

not the isolationism of the 1930s — the<br />

principled, if misguided, belief that the<br />

US should cut itself off from European<br />

power politics — but a weary sense that<br />

international engagement just isn’t working.<br />

… Yet this trend is balanced by a residual<br />

sense that the US has global commitments<br />

it cannot desert yet — and these<br />

demand a better mix of American soft and<br />

hard power. … [I]n the wake of the Iraqi<br />

debacle, the country’s leading politicians<br />

and policy intellectuals are turning toward<br />

a concept that wouldn’t have got a hearing<br />

in Washington in 2003. This is ‘human<br />

security’—the idea that a country’s<br />

<strong>for</strong>eign policy should not just be about<br />

defending its national interests but also<br />

protecting vulnerable people worldwide<br />

from the risks of poverty, disease, natural<br />

disasters, and mass slaughter. It’s a very<br />

broad idea and one that’s too often dismissed<br />

as naïve.” He attributes that to the<br />

notion’s increasing popularity in Canada<br />

and Europe — where in 2004 a high-level<br />

panel proposed an EU “Human Security<br />

Force” of 15,000 troops, police, and humanitarian<br />

workers and where French<br />

Foreign Minister Bernard Kouchner is a<br />

strong proponent of the “Responsibility<br />

to Protect”.<br />

But “the reality is that there is a hardheaded<br />

case <strong>for</strong> the idea”, asserts Gowan,<br />

“and it is one that may prove increasingly<br />

urgent in the years ahead. International<br />

risk analysts agree that some of the most<br />

dangerous crises of the near future will<br />

… involve … a mixture of unpredictable<br />

threats … [that] demand a vast variety of<br />

responses.” Even trickier, warns P.H. Liotta,<br />

Executive Director of the Pell Center<br />

<strong>for</strong> International Relations and Public<br />

Policy, “not all security issues involve<br />

‘threats’; rather, the notion of vulnerabilities<br />

is as serious to some peoples, and<br />

some regions, as the more familiar concept<br />

of threat” (Pell conference, “The Future<br />

of ‘Human Security’”, June 2005).<br />

While arguing that these difficulties must<br />

be faced without further delay, Gowan’s<br />

opinion is that “it would be electoral suicide<br />

to lay out frankly the litany of current<br />

global challenges, the costs involved<br />

in confronting them, and the difficulties<br />

in predicting which risks will turn into<br />

real crises”. Not to mention the traditional<br />

toughness of making the case <strong>for</strong> developing<br />

“a sense of mutual trust based on<br />

effective diplomacy through the UN and<br />

other international organizations” — crucial<br />

“not least because the UN’s own assets<br />

include essential agencies involved<br />

in resolving human security issues, from<br />

the World Food Programme to the World<br />

Health Organization”.<br />

Much discussion turns on questions of<br />

ascendancy among polarities. For example,<br />

Parag Khanna, author of The Second<br />

World: Empires and Influence in the New<br />

<strong>Global</strong> Order (March <strong>2008</strong>), in his controversial<br />

turn-of-the-year New York Times<br />

essay “Waving Goodbye to Hegemony”,<br />

commented on the American electoral<br />

campaign’s retro weirdness of both parties<br />

“bickering about where and how to intervene,<br />

whether to do it alone or with allies<br />

and what kind of world America should<br />

lead. … But the distribution of power in<br />

the world has fundamentally altered. …<br />

The EU may uphold the principles of the<br />

United Nations that America once dominated,<br />

but how much longer will it do so<br />

as its own social standards rise far above<br />

this lowest common denominator? And<br />

why should China or other Asian countries<br />

become ‘responsible stakeholders’,<br />

in <strong>for</strong>mer Deputy Secretary of State Robert<br />

Zoellick’s words, in an American-led<br />

international order when they had no seat<br />

at the table when the rules were drafted?<br />

Even as America stumbles back toward<br />

multilateralism, others are walking away<br />

from the American game and playing by<br />

their own rules.” In this view, “America’s<br />

standing in the world remains in steady<br />

decline. Why? Weren’t we supposed to<br />

reconnect with the United Nations and reaffirm<br />

to the world that America can, and<br />

should, lead it to collective security and<br />

prosperity?”<br />

Another example: “Is the balance of global<br />

power slipping away from the United<br />

States and its European allies?” asked a<br />

7 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

<strong>for</strong>um held by the New America Foundation<br />

in Washington DC on 17 April to<br />

discuss ‘the future of American Leadership<br />

in a ‘World Without the West’”, involving<br />

Flyntt Leverett (Senior Fellow of<br />

the foundation), Fred Kempe (President<br />

& CEO, Atlantic Council), Steven Weber<br />

(Director, Institute of International Studies,<br />

University of Cali<strong>for</strong>nia, Berkeley),<br />

and others. Sameer Lalwani (Policy Analyst,<br />

American Strategy Program) subsequently<br />

blogged in The Washington Note<br />

that they “discussed the ‘World Without<br />

West’ thesis described in these lines:<br />

The landscape of globalization<br />

now looks like this: While connectivity<br />

<strong>for</strong> the globe as a whole has increased in<br />

the last twenty years, it is increasing at<br />

a much faster rate among countries outside<br />

the Western bloc. The World Without<br />

the West is becoming preferentially and<br />

densely interconnected. This creates the<br />

foundation <strong>for</strong> the development of a new,<br />

parallel international system, with its<br />

own distinctive set of rules, institutions,<br />

ways of doing things — and currencies of<br />

power.<br />

The World Without the West,<br />

like any political order, is made up of two<br />

ingredients: A set of ideas about governance<br />

and a set of power resources that<br />

enable, embed and occasionally en<strong>for</strong>ce<br />

those ideas. This alternative order rests<br />

on wealth drawn from natural resources<br />

and industrial production (along with the<br />

management expertise applied to those<br />

capabilities). And it proposes to manage<br />

international politics through a neo-Westphalian<br />

synthesis comprised of hard-shell<br />

states that bargain with each other about<br />

the terms of their external relationships,<br />

but staunchly respect the rights of each to<br />

order its own society, politics and culture<br />

without external interference. Neither<br />

of these elements by itself would make<br />

<strong>for</strong> a concrete alternative to the Western<br />

system, but together they synergistically<br />

stabilize into a robust political-economic<br />

order.”<br />

“The implications are grave,” comments<br />

Sameer Lalwani. “Weber suggested at minimum,<br />

the degree of interaction amongst<br />

the non-west orbit af<strong>for</strong>ds increased bargaining<br />

power on geoeconomic and geopolitical<br />

fronts when dealing with the US<br />

and the West, but at maximum, it means


the creation of a new center of gravity.”<br />

Considering the available “non-military<br />

ways to constrain us, Leverett argued that<br />

we could no longer af<strong>for</strong>d the illusion of<br />

ourselves as the indispensable nation, one<br />

that does not have to make clear strategic<br />

priorities and choices, or accord other rising<br />

states more of a decision making role<br />

in the international order. Relative to the<br />

other speakers, Kempe was more bullish<br />

about what the transatlantic partnership<br />

could do to regain some lost ground in<br />

these ‘non-west’ or ‘southern democracy’<br />

theaters but all three were bearish on the<br />

political leadership, particularly in the<br />

US, coming to terms with these new realities,<br />

let alone <strong>for</strong>mulating strategies to<br />

address and accommodate <strong>for</strong> them.”<br />

Sameer Lalwani believes that there may<br />

be some western leaders, among them<br />

UK Foreign Secretary David Miliband,<br />

who have “ the potential to come to terms<br />

with these new systems of interaction and<br />

alignment and devise a more strategic approach”,<br />

re-casting the conventional democracy-promotion<br />

agenda about which<br />

many people have become skeptical into<br />

“a real democracy-promotion agenda —<br />

one that takes the long-term development<br />

of political and economic institutions very<br />

seriously”. Although Miliband “may not<br />

be there yet, it is evident his conceptualizations<br />

of ‘responsible sovereignty’ and<br />

developmental democracy are probably<br />

amongst the better tools <strong>for</strong> <strong>for</strong>mulating<br />

a strategy <strong>for</strong> the future of ‘the west’,”<br />

claims Lalwani.<br />

When Miliband spoke about “the shift<br />

from balance of power politics to the politics<br />

of shared risk” (as summarized in his<br />

own blog) to the Young Atlanticists meeting<br />

held in conjunction with the recent<br />

Bucharest NATO meeting and Sameer<br />

Lalwani asked him about China, “[h]e essentially<br />

suggested we take China’s value<br />

on non-intervention and national sovereignty<br />

and turn it into a concept of responsible<br />

sovereignty — both downwards<br />

towards one’s own citizens and upwards<br />

towards the international system. Though<br />

a clever rhetorical move, the notion that<br />

China would accept Western concepts of<br />

‘responsibility’ after years of reckless,<br />

irresponsible <strong>for</strong>eign policy agenda was<br />

improbable.”<br />

Nevertheless, David Miliband believes<br />

the concept of responsibility is more attuned<br />

to the Chinese context than is talk<br />

of “stakeholders” in a system. He says (in<br />

his Foreign Office blog, 3 March <strong>2008</strong>)<br />

that is why he used his speech at Beijing<br />

University to advocate <strong>for</strong> “responsible<br />

sovereignty” as an approach — “recognising<br />

the continuing central role of the<br />

nation state in having a hold on people’s<br />

affections and <strong>for</strong> making decisions in the<br />

world, but recognising that in its treatment<br />

of its own citizens and in its engagement<br />

around the world sovereign states<br />

have responsibilities that are fettered by<br />

a set of universal values (the UN’s 2005<br />

Responsibility to Protect gave this legal<br />

<strong>for</strong>m).”<br />

Miliband continues: “The debate about<br />

Burma or Kenya or Darfur, not to mention<br />

Iraq or Afghanistan, is often couched<br />

in terms of interference in the affairs of<br />

another country. And the Chinese doctrine<br />

of non-interference has been used<br />

to draw a distinction with more activist<br />

approaches to <strong>for</strong>eign policy. But in an<br />

interdependent world what is non-interference?<br />

We ‘interfere’ with each [other]<br />

economically, politically and environmentally<br />

all the time” (Miliband blog, 3<br />

March <strong>2008</strong>). “… The determination to<br />

go beyond the old foundation of <strong>for</strong>eign<br />

policy, that what goes on within a nation<br />

state is only the responsibility and concern<br />

of that state, does not decide how the<br />

responsibility to protect, or to intervene,<br />

is fulfilled. But it does move policy onto<br />

the right question — how to make a difference<br />

not whether to do so” (Miliband<br />

blog, 20 January <strong>2008</strong>).<br />

Parag Khanna posits: “. . . The more we<br />

appreciate the differences among the<br />

American, European and Chinese worldviews,<br />

the more we will see the planetary<br />

stakes of the new global game. Previous<br />

eras of balance of power have been<br />

among European powers sharing a common<br />

culture. The cold war, too, was not<br />

truly an “East-West” struggle; it remained<br />

essentially a contest over Europe. What<br />

we have today, <strong>for</strong> the first time in history,<br />

is a global, multicivilizational, multipolar<br />

battle.”<br />

– An opening to a world federalist era?<br />

8 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

What brings us together and what<br />

divides us? The strength of the rule of<br />

law and the strength of humanitarianism<br />

are values that help to bind people<br />

together in taking responsibility <strong>for</strong> the<br />

behavior of their communities.<br />

– Geoff Loane,<br />

International Committee of the Red Cross


Overcoming Wars and Empire<br />

by Incentivizing Justice and Democracy<br />

Lucy Law Webster<br />

Lucy Law Webster is Vice Chair of the<br />

Council of the World Federalist<br />

Movement and Secretary & UN Representative<br />

of Economists <strong>for</strong> Peace and<br />

Security. She is also Executive Director<br />

of the Center <strong>for</strong> War/Peace Studies.<br />

Previously, she worked in the United<br />

Nations Secretariat as a Political Affairs<br />

Officer in the Department <strong>for</strong> Disarmament<br />

Affairs, and, be<strong>for</strong>e that, as Special<br />

Assistant to the Secretary General of the<br />

Second World Conference to Combat<br />

Racism, and on other human rights<br />

issues. She also worked <strong>for</strong> UNICEF,<br />

UNDP, UNEP, and on the staff of<br />

Economists <strong>for</strong> Peace and Security on<br />

issues relating to the costs of war<br />

and excessive militarization.<br />

Her work, as outlined at , is based on the conviction that “the<br />

people of the twenty-first century will<br />

require longer, wider vistas to flourish<br />

or even just survive. Each person will<br />

need to see and to respect the hopes and<br />

fears of all within their communities in<br />

villages and cities and in networks across<br />

the whole wide earth. They will need to<br />

work <strong>for</strong> each other and <strong>for</strong> the common<br />

norms of world law and human rights.”<br />

This essay, reprinted with permission of<br />

the author, first appeared in Arms, War,<br />

and Terrorism in the <strong>Global</strong> Economy Today,<br />

Economic Analyses and Civilian Alternatives,<br />

Wolfram Elsner (Ed.) Bremer<br />

Schriften zur Konversion, p265–272 (Lit<br />

Verlag D. W. Hopf Hamburg 2007).<br />

The international interventions of the past decade in Kosovo, East Timor, Afghanistan<br />

and Iraq have posed peace and law and human rights in strange <strong>for</strong>ms of tension against<br />

each other. In fact international humanitarian law and peace are congruent, but the only<br />

<strong>for</strong>ms of international intervention that would be legitimate have not as yet been tried.<br />

This relates to the lack of creative evolutionary approaches to social science and policy.<br />

The essay shows the limited legitimacy of recent interventions, explains why such nonhumanitarian<br />

actions are no longer appropriate and how international law and civic<br />

action can be used to build peace and to trans<strong>for</strong>m the power that tends to encourage<br />

empire and imperialism into power <strong>for</strong> democracy.<br />

A Critique of Collective Security as Envisioned in the United Nations System<br />

Collective security as envisioned when the UN Charter was written was intended to<br />

allow strong states to protect weak states whenever there would be aggression by one<br />

against the other. But there have been relatively few acts of invasion across neighboring<br />

borders; the Iraqi invasion of Kuwait that was reversed by the Persian Gulf War was an<br />

exception. Most wars occur within states as civil wars between factions or insurgents<br />

against incumbents. This fact is based on economic power relationships that deserve<br />

more attention from economists and more action to create incentives <strong>for</strong> peace to replace<br />

the historic incentives <strong>for</strong> war. Almost any international intervention whether fully<br />

endorsed or just barely tolerated by the UN Security Council leads to power gains and<br />

losses within the country in conflict and internationally and results in some measure of<br />

outside control and imperialism even when the motive is humanitarian. It is sometimes<br />

said that collective security is what the P5 permanent members of the Security Council<br />

do to poor nations. And now we have seen the invasion of Afghanistan and Iraq led by<br />

the world’s only superpower. The fact that the first of these wars is deemed legal (the<br />

United States was attacked by people based in Afghanistan) and the second is much less<br />

widely viewed as legal obscures the main issues. Both wars can be seen as callous acts<br />

of empire by the people attacked, and consequently there is no effective demonstration<br />

of the value of avoiding the types of behavior that led to these wars. Instead of reducing<br />

terrorism, more people have seen reasons to become terrorists to resist what they<br />

perceive as the hand of empire.<br />

Collective security involves collective punishment; whole nations suffer <strong>for</strong> the actions<br />

of their leaders. Often, as in the Gulf War of 1990/1991, the leaders do not suffer at all;<br />

in which case there is no disincentive to start other wars, whether wars against weaker<br />

segments within a state, or wars to liberate or protect the weak. The use of military <strong>for</strong>ce,<br />

even when endorsed by Security Council mandate, requires the violent imposition of<br />

order as defined by and administered by global powers whether they are sensitive to the<br />

local and regional culture or not.<br />

The Need to Replace Military <strong>Global</strong>ism with the Democratic Rule of Law<br />

Such military globalism feels like imperialism to the people whose lives and homes<br />

and cultures are attacked and it looks like imperialism to millions of people worldwide<br />

who value human rights and cultural autonomy. The historical evidence indicates that<br />

norms of humanitarian law and democracy can be built up within a region, and even<br />

create a magnet <strong>for</strong> imitation as has happened in the European Union. However there<br />

is no evidence that such norms can be imposed from the outside unless there are strong<br />

indigenous roots that an outside <strong>for</strong>ce can then endorse. Whoever would impose de-<br />

9 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


mocracy probably does not understand it.<br />

Democracy requires voluntary participation<br />

and a history of common learning and<br />

interactive mutual respect. This is unlikely<br />

to be <strong>for</strong>thcoming when soldiers of major<br />

military powers impose order according to<br />

norms that are at best globally recognized<br />

primarily by international elites and are<br />

at worst the norms of industrialized states<br />

acting against less industrialized, less<br />

“modern” or less Westernized nations and<br />

peoples.<br />

The Responsibility to Protect<br />

the People<br />

Nevertheless, when militias supporting<br />

states such as Serbia or Indonesia attack the<br />

people of Kosovo or East Timor, I would<br />

assert that the international community<br />

has a responsibility to protect the people<br />

attacked and that the UN Security Council<br />

has a duty to act. Such action is needed to<br />

demonstrate the disutility of war crimes<br />

and genocide. To sustain this principle it<br />

would be important to respond whenever<br />

the government of any state abrogates<br />

its sovereign responsibility to protect the<br />

people within its borders either because it<br />

is unable or unwilling to do so. However<br />

it matters greatly HOW the international<br />

community responds. The widespread<br />

outcry against the human rights abuses in<br />

Darfur shows that the norms are widely<br />

respected by citizens throughout the world,<br />

but the lack of effective action to stop the<br />

genocide shows that there is currently no<br />

effective way to protect the international<br />

norms that are identified by the statute<br />

of the International Criminal Court. The<br />

purpose of this essay is to indicate how<br />

protection could be provided without<br />

war—without action that contradicts the<br />

essential objectives of the action taken.<br />

This is a multi-stage process. In any given<br />

time period it is important to respond<br />

to gross violations of human rights in<br />

whatever ways best serve the needs of the<br />

people persecuted, and to do so in a way<br />

that creates the least possible violence<br />

and the least possible motivation <strong>for</strong> additional<br />

future violence. Concomitantly,<br />

pre-violence time periods should be identified<br />

to introduce programs that mitigate the<br />

causes and the incentives <strong>for</strong> abuse and that<br />

demonstrate its counterproductive effects,<br />

to show that crime does not pay, even <strong>for</strong><br />

heads of state who have often experienced<br />

immunity from censure. Preventive action<br />

can avert both human rights violence and<br />

any military response. A systematic program<br />

to remove the incentives <strong>for</strong> violent<br />

conflict can bring practice into line with<br />

stated norms. Current practice recognizes<br />

standards that are important, but often not<br />

honored in practice.<br />

The “best-practices” criteria <strong>for</strong> international<br />

humanitarian action can be specified<br />

as follows:<br />

• There must be a just cause relating to a<br />

supreme humanitarian need;<br />

• Force should be used very carefully <strong>for</strong><br />

specific testable objectives, but it should<br />

be available early to be used proactively to<br />

stop violence as soon as it appears;<br />

• The action taken should be consistent<br />

with the ends sought and meet the test of<br />

proportionality;<br />

• The decision to intervene and the type of<br />

<strong>for</strong>ce used should have a high probability<br />

of achieving a positive humanitarian outcome<br />

both <strong>for</strong> the case at hand and in its<br />

impact on future norms.<br />

The Case Histories<br />

of Kosovo and East Timor<br />

In Kosovo, and also in East Timor there<br />

was a clear humanitarian need <strong>for</strong> international<br />

action. In both instances earlier<br />

humanitarian intervention could have prevented<br />

extensive crimes against people<br />

and property. The impending violence<br />

that attracted international attention in<br />

Kosovo in 1998 had been anticipated <strong>for</strong><br />

several years as the Belgrade government<br />

removed ethnic Albanian Kosovars from<br />

public employment, and much of the<br />

displaced leadership established a peaceful<br />

in<strong>for</strong>mal parallel civil administration,<br />

while others became new recruits into the<br />

Kosovo Liberation Army. When action was<br />

taken by the international community it<br />

was not only too late to have any preventive<br />

value, but it was also disproportionate<br />

and disjunctive in relation to the problems<br />

faced by the people persecuted by Serb<br />

militia and Yugoslav army personnel. The<br />

bombing by NATO was inconsistent with<br />

the stated humanitarian goals. It made it<br />

10 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

easier <strong>for</strong> Milosevic to dislodge people<br />

from their homes, not harder. The probability<br />

of achieving a positive outcome in<br />

Kosovo when the intervention took place<br />

must be assessed in relation to the goals set,<br />

whether explicit or hidden. The humanitarian<br />

goals claimed were not effectively<br />

met because of the extensive displacement<br />

and destruction of lives and property, and<br />

the ambiguous stability <strong>for</strong> Kosovo of the<br />

resulting peace. If the goal was regime<br />

change and bringing Milosevic to court,<br />

those objectives were achieved.<br />

In East Timor the ef<strong>for</strong>ts at intimidation of<br />

pro-independence citizens provided clear<br />

signals that, if people were not intimidated<br />

be<strong>for</strong>e and during the ballot, there would<br />

be retribution after it. This was clearly<br />

presented as a serious possibility to the UN<br />

Security Council prior to the August 1999<br />

ballot asking people to choose between<br />

autonomous incorporation into Indonesia<br />

or independence. Nonetheless between<br />

the announcement of the ballot results on<br />

September 4 in New York (September 5<br />

in Dili), and the time the Security Council<br />

voted to set up a multinational <strong>for</strong>ce under<br />

Chapter VII of the Charter (Resolution<br />

1264, September 15, 1999), almost twothirds<br />

of the population had fled their<br />

homes and villages to escape the murder<br />

and pillage of militia units opposed to<br />

independence.<br />

The intervention <strong>for</strong>ce approved by the<br />

Security Council in September 1999 succeeded<br />

in mitigating a humanitarian disaster.<br />

The fact that it arrived too late to save<br />

the lives and homes of many is a result of<br />

the fact that the Security Council did not<br />

find a way to act except by a coalition of<br />

the willing led by Australia, which would<br />

not act without the agreement of Indonesia.<br />

Australia was the only major state to<br />

have recognized Indonesian sovereignty<br />

in East Timor following the Indonesian<br />

invasion and occupation of East Timor in<br />

1975. But there was no way to act except<br />

to wait <strong>for</strong> Australia to wait <strong>for</strong> Indonesia.<br />

This demonstrates the lack of international<br />

peacekeeping capacity. The United Nations<br />

should have its own standing <strong>for</strong>ce ready<br />

to move in to protect the people without<br />

waiting <strong>for</strong> major states to do so. The best<br />

model would be a directly recruited <strong>for</strong>ce<br />

responsible to the UN Secretary General


without the encumbrance of real or perceived<br />

imperial attitudes or ambitions.<br />

The Potential Importance<br />

of Civil Society Engagement<br />

The most essential basis <strong>for</strong> a legitimate<br />

system of global responsibility to protect<br />

would engage the active participation of<br />

local and regional communities. The past<br />

half century of professionalization and<br />

international institutionalization of development<br />

planning has created a culture in<br />

which outsiders arrive in problem areas<br />

to suggest and guide and sometimes to<br />

impose solutions. Should the historic experience<br />

and knowledge of the local people<br />

and the cultural region not be given similar<br />

respect? The past 200 years of economic<br />

growth has served some nations well, but<br />

it now seems clear that many nations might<br />

have developed in a manner that would<br />

have better served their people had the<br />

paths chosen been more firmly grounded<br />

in their own history. Now there are disturbing<br />

disjunctions. Should the salary<br />

of an engineer recruited as a driver <strong>for</strong> a<br />

“development expert” be higher than the<br />

salary of a construction engineer? How can<br />

community development become development<br />

of the people, <strong>for</strong> the people and by<br />

the people? How can democracy grow<br />

from existing historic roots? These are<br />

urgent questions to address if participatory<br />

development is to engender local power <strong>for</strong><br />

democracy. More local and regional leadership<br />

is needed to nurture power from the<br />

cultural roots of nations and peoples.<br />

The sources of terrorism lie in the alienation<br />

that arises in the people who are<br />

most disenfranchised at the bottom of an<br />

undemocratic world system where military<br />

imperial power is imposed on nations<br />

that are themselves deeply undemocratic,<br />

excluding their citizens from effective<br />

participation. Terrorists are recruited in<br />

countries that lack modern education and<br />

constructive opportunities where there is<br />

a backdrop of extreme poverty and a sense<br />

of anger at insults to the nation, the religion<br />

and the culture. Terrorists arise when it<br />

feels more empowering to participate in<br />

commitments to destroy than to participate<br />

in building.<br />

A major commitment is needed throughout<br />

the system of United Nations agencies, by<br />

individual governments, and by networks<br />

of NGOs to redeploy “development assistance”<br />

away from the experts and to give it<br />

to the people. All children deserve access<br />

to and engagement in modern education<br />

and experience of their own historic culture<br />

and of world community values as well<br />

as access to food, clean water, shelter and<br />

basic health services. If this is not available,<br />

the security of the entire world is<br />

put at risk. Locally generated community<br />

development can provide the key to bringing<br />

basic cultural and economic services<br />

to villages and cities throughout the world.<br />

People must be engaged in their own development<br />

and in their own security.<br />

There is an unused tool available <strong>for</strong><br />

locally-based community development in<br />

the largely hortatory commitments made<br />

by almost all governments throughout the<br />

world to various norms of international<br />

law and programs of action generated by a<br />

range of UN bodies and conferences. In the<br />

hands of the people this body of commitments<br />

can become a powerful tool—either<br />

<strong>for</strong> direct action or <strong>for</strong> putting pressure on<br />

one’s own government to fulfill its stated<br />

obligations. If local civil society groups<br />

were proactively involved doing what<br />

is needed to enhance implementation,<br />

they would not only achieve some of the<br />

objectives identified such as better access<br />

to clean water and sanitation, but they<br />

would build their own power to achieve<br />

and to protect themselves from any future<br />

economic exploitation or violation of their<br />

human rights. Such self-generated action<br />

can be coordinated with the work of international<br />

networks of Non-Governmental<br />

Organizations that could provide resources<br />

when invited and help connect with broad<br />

networks of governments and with the<br />

UN Security Council. The goal is to put<br />

the Security Council on call to serve the<br />

people, especially people in communities<br />

at risk of violence and exploitation.<br />

Empowering the People<br />

<strong>for</strong> Self-Rule and Democracy<br />

The goal is to <strong>for</strong>ge local and worldwide<br />

networks in support of UN norms as a<br />

counterweight to the power of the sorts<br />

of militias that played truly devastating<br />

roles in Kosovo and in East Timor. In<br />

most countries at risk of violence and human<br />

rights abuses, as well as those at risk<br />

of extreme poverty, there are many civic<br />

groups that can better mobilize themselves<br />

to act if they see an overarching strategy <strong>for</strong><br />

self-enhancement. The goal is to empower<br />

local communities that are embedded in<br />

their own cultures to use the global norms<br />

that fit their needs.<br />

In parallel with local action, international<br />

NGOs that respect cultural autonomy can,<br />

when asked, assist in monitoring human<br />

rights interests by keeping records of<br />

violations and making these available to<br />

the UN High Commissioner <strong>for</strong> Human<br />

Rights or to officials of the International<br />

Criminal Court. The role and the responsibility<br />

of individuals be<strong>for</strong>e international<br />

law is expanding. A major step <strong>for</strong>ward<br />

is represented by the International Criminal<br />

Court, making individuals as well<br />

as states responsible under international<br />

law. This is the best way to end the collective<br />

punishment inherent in war and in<br />

traditional <strong>for</strong>ms of interstate action <strong>for</strong><br />

collective security. It is the responsibility<br />

of the world community to protect people<br />

when the state in which they live will<br />

not or cannot prevent war crimes, crimes<br />

against humanity or genocide. But it is not<br />

the duty of anyone to do this in a way that<br />

leads to violence or undermines justice.<br />

Concepts of justice vary, but the ideas in<br />

the Universal Declaration of Human Rights<br />

are widely recognized. Almost none of<br />

the norms of the Universal Declaration<br />

have been denounced, but many remain<br />

unobserved. The citizens of every nation<br />

can insist that they be protected according<br />

to these norms by effective international<br />

law. If it is known that people are watching,<br />

potential wrong doers will be deterred.<br />

Local and global networks of civil society<br />

groups and of governments can monitor<br />

the implementation of agreed norms of<br />

humanitarian law.<br />

Asserting the Sovereignty<br />

of the People<br />

Civil society within countries at risk of<br />

conflict and international civil society<br />

groups can use preventive diplomacy to<br />

11 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


avert violence. It is easier to visualize<br />

how this could have worked in Kosovo or<br />

East Timor than in Afghanistan under the<br />

Taliban or Iraq under Hussein, but that is<br />

largely a matter of timing and sequencing.<br />

By engaging in the implementation of the<br />

less controversial parts of the many plans<br />

of action and other agreements that states<br />

have endorsed, thousands of aware citizens<br />

can be ready to prevent the importation<br />

of illicit arms, the exploitation of labor or<br />

the violation of human rights. In Afghanistan<br />

there were some opportunities <strong>for</strong><br />

this be<strong>for</strong>e the Taliban achieved effective<br />

control, although such opportunities were<br />

almost certainly inadequate once state<br />

violence against descent was decisive in<br />

most parts of the country. This was also<br />

true in Hussein’s Iraq, as was the case in<br />

Hitler’s Germany.<br />

The price of freedom is early vigilance.<br />

That is the point of the strategy of proactive,<br />

locally-based engagement suggested<br />

here. The big news is that now, unlike<br />

the 1930s, there is a network of civil<br />

society groups committed to protect the<br />

human rights of people everywhere, and<br />

to respond to cries <strong>for</strong> help. There is also<br />

a network of middle-power states that is<br />

equally committed to protect the citizens<br />

of every nation from genocide, war crimes<br />

and crimes against humanity even when<br />

such crimes are committed by a citizen’s<br />

own government. These are the groups and<br />

the nations that understand that collective<br />

security by means of war is essentially<br />

dysfunctional and counterproductive, but<br />

that there are now institutions and norms<br />

that make it possible to replace the rule<br />

of war with the <strong>for</strong>ce of law. As more and<br />

more states sign onto a law-based mode of<br />

international action, the role of imperial,<br />

war-based power will shrink. If the nations<br />

using the soft power of law are supported<br />

by civil society, that mode of action will<br />

prevail. Above all, if civil society within<br />

the countries and communities at risk of<br />

exploitation and violence uses its own<br />

ability to communicate and grow, it will<br />

be able to act in concert with the states and<br />

citizen networks that actively seek direction<br />

from the people who most need their<br />

support. Such direction from below will<br />

undermine the power of empire. Empires<br />

depend upon authoritarian decisions imposed<br />

from above with military <strong>for</strong>ce. The<br />

value of such <strong>for</strong>ce can be replaced with<br />

effective law-based action implemented by<br />

the people and by the United Nations.<br />

Taking Action to Establish New Norms<br />

<strong>for</strong> Future Expectations<br />

It is important to assess how different<br />

<strong>for</strong>ms of international action can contribute<br />

to the expectations of individuals, and the<br />

norms that affect state practice. What is<br />

done successfully in one case will become<br />

a model <strong>for</strong> the future. Rightly or wrongly,<br />

states will feel constrained to act within the<br />

precedents set. Thus each case becomes a<br />

precedent and a model <strong>for</strong> future action.<br />

The most benign <strong>for</strong>m of intervention in<br />

defense of human rights would be to send<br />

in UN Marshals to apprehend individuals<br />

who commit crimes against humanity,<br />

war crimes or genocide. This could be<br />

done with almost no violence if there<br />

were strong convictions within the nation<br />

concerned that these crimes should<br />

be stopped and prevented in the future.<br />

Civil society support of UN action would<br />

be of critical value to underpin successful<br />

interventions by UN Marshals, so that a<br />

pattern of such interventions would deter<br />

future violations.<br />

We have seen that individuals and networks<br />

of non-state actors can be very powerful.<br />

A combination of high technology, lethal<br />

weapons and borderless communications<br />

means that a wide range of people and<br />

groups can act decisively to do harm. It<br />

will not always be practical to bomb the<br />

country that harbors terrorists, and such<br />

action generates new terrorists. Modes of<br />

international action must be developed that<br />

engender relatively peaceful responses by<br />

states and by individuals. The efficacy and<br />

legitimacy of any given action should be<br />

assessed in terms of its long-term impact,<br />

not just in terms of what it achieves initially.<br />

A democratic response to any challenge<br />

to peace and human rights is required by<br />

the people from within nations and cultural<br />

regions to uphold their own civic values,<br />

their own cultural norms and the peaceful<br />

global norms that have been endorsed by<br />

the United Nations and by governments<br />

worldwide.<br />

12 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

Lucy Law Webster


Indgrid Harder was a Policy Advisor<br />

on the Responsibility to Protect <strong>for</strong> the<br />

Government of Canada’s Department of<br />

Foreign Affairs and International Trade,<br />

where she worked on the Canadian-led<br />

campaign to build consensus on the Responsibility<br />

to Protect at the 2005 World<br />

Summit. Ms Harder has participated in<br />

numerous consultations and workshops<br />

on the Responsibility to Protect across<br />

North America, Europe and Africa. She<br />

previously worked in the Department’s<br />

African and Middle East Branch and as<br />

a consultant to the Treasury Board of<br />

Canada. Ms Harder holds an MA from<br />

the Norman Paterson School of International<br />

Affairs in Ottawa, Canada. She<br />

currently works as a Program Officer<br />

at the US Institute of Peace.<br />

This paper, initially commissioned <strong>for</strong><br />

the International Women Leaders <strong>Global</strong><br />

Security Summit 2007 (a project of the<br />

Annenberg Foundation Trust at Sunnylands<br />

in partnership with The White<br />

House Project, the Council of Women<br />

World Leaders and the Women Leaders<br />

Intercultural Forum), has been updated<br />

by the author <strong>for</strong> <strong>Minerva</strong>. The views<br />

expressed in it are those of the author<br />

alone, not of the Summit or its partners,<br />

of the Government of Canada, or of the<br />

United States Institute of Peace, which<br />

does not advocate specific policy positions.<br />

The Responsibility to Protect:<br />

Catchphrase or Cornerstone<br />

of International Relations?<br />

Ingrid Harder<br />

October 2007 (updated May <strong>2008</strong>)<br />

EXECUTIVE SUMMARY ~ In September 2005, world leaders unanimously agreed<br />

that states have an individual and collective responsibility to protect civilians from<br />

genocide and other crimes against humanity. This agreement, embodied in the final<br />

document of the 2005 World Summit, advanced the notion that there are indeed situations<br />

where sovereignty is not absolute – particularly when civilians are being attacked<br />

and slaughtered. Essentially, the “responsibility to protect” is the basis on which the<br />

international community can take collective measures – including the use of military<br />

<strong>for</strong>ce – in response to genocide and other crimes against humanity. Implementation of<br />

this principle, however, lags behind the rhetoric as crises such as Darfur challenge the<br />

commitment and capability of either governments or the international community to<br />

protect targeted populations.<br />

Closing this gap and giving real meaning to the responsibility to protect will require<br />

concerted ef<strong>for</strong>t to deepen the international commitment endorsed by the World Summit<br />

and to establish it firmly as a norm of international law. The international commitment<br />

to the principle remains fragile. There are still deep divisions – among member<br />

states and civil society groups – over exactly what was agreed upon, as well as how and<br />

when it should be applied. Solidifying this commitment and ensuring its implementation<br />

will require sustained advocacy at a high political level. Secondly, capacity needs<br />

to be developed at multiple levels to prevent or respond effectively to genocide and<br />

crimes against humanity. This means supporting institutional mechanisms such as the<br />

office of the United Nations’ Special Advisor on the Prevention of Genocide as well<br />

as improving operational preparedness to conduct military operations in the event that<br />

civilians require immediate protection.<br />

Women leaders and organizations focused on women and gender equality have succeeded<br />

in raising awareness of both the disproportionate impact of conflict on women<br />

and girls and the unique contribution women can make in the realm of peace and<br />

security. The responsibility to protect strongly complements existing commitments to<br />

protect women’s human rights and security and should be incorporated into existing<br />

work programmes and advocacy ef<strong>for</strong>ts.<br />

There is a pressing need <strong>for</strong> more champions worldwide, and in particular <strong>for</strong> women<br />

leaders, to add their voices and ef<strong>for</strong>ts to those who believe in and advocate <strong>for</strong> the<br />

protection of civilians from genocide and crimes against humanity.<br />

• Women heads of state can work to galvanize broader political support <strong>for</strong> the responsibility<br />

to protect through regional and other multilateral organizations, and focus attention<br />

on the responsibility of individual states to protect their own populations;<br />

• Senior officials can work to ensure that commitments to the responsibility to protect<br />

are institutionalized appropriately and incorporated into existing work programmes<br />

focused on women, peace and security; and<br />

• Women leaders in civil society need to help keep the spotlight where it belongs – on<br />

the development of effective strategies to prevent and respond to mass atrocities.<br />

Ultimately, it may be up to women leaders to move the responsibility to protect from<br />

a catchphrase that sounds right to its rightful position as a cornerstone of international<br />

relations in the 21st century.<br />

13 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


“It has taken the world an insanely long time to come<br />

to terms conceptually with the idea that state sovereignty<br />

is not a license to kill – that there is something fundamentally<br />

and intolerably wrong about states murdering or<br />

<strong>for</strong>cibly displacing large numbers of their own citizens, or<br />

standing by when others do so.” 1<br />

BACKGROUND<br />

Although the 2005 Human Security report 2 documents a significant decline in major<br />

violent conflicts beginning in the early 1990s, the fact remains that civil wars have<br />

continued and civilians have borne the brunt of fighting – even after the United Nations<br />

(UN) has intervened, as in the Democratic Republic of Congo, or after military<br />

operations such as the invasion of Iraq and the overthrow of Saddam Hussein. Certain<br />

means and methods employed in contemporary warfare are of particular concern.<br />

For example, the unlawful use of child soldiers continues and the targeting and mass<br />

displacement of civilian communities are often explicit in the strategy of combatants<br />

involved in today’s “low intensity conflicts”.<br />

Not only are combatants targeting civilians, but they also have a propensity to prey on<br />

the weakest and most vulnerable, namely women and children. Although overall more<br />

men than women continue to die as a result of conflict, women and girls suffer myriad<br />

debilitating consequences of war. 3 For example, public rape aimed at instigating flight,<br />

<strong>for</strong>ced impregnation, mutilation of genitals and intentional HIV transmission have all<br />

been used as tactics in ethnic cleansing.<br />

Proponents of the concept of human security 4 have argued that a traditional state-centred<br />

approach to security fails to adequately address the safety of civilians caught in<br />

warfare, particularly in internal conflicts often waged by undisciplined militias or factions<br />

in civil wars:<br />

By broadening the focus to include the security of people, human security<br />

encompasses a spectrum of approaches to the problem of violent conflict,<br />

from preventive initiatives and people-centred conflict resolution and peacebuilding<br />

activities to — in extreme cases, where other ef<strong>for</strong>ts have failed —<br />

intervention to protect populations at great risk. 5<br />

Since the mid-1990s, a range of initiatives have been advanced under the rubric of human<br />

security. International norms related to the protection of civilians in armed conflict<br />

have been strengthened and mechanisms put in place to implement related policies. The<br />

International Criminal Court was established to end impunity <strong>for</strong> war crimes, crimes<br />

against humanity and genocide. Guidelines <strong>for</strong> the treatment of internally displaced<br />

peoples have been developed. Groundbreaking work within the Security Council addressed<br />

the humanitarian impact of sanctions and led to explicit protection mandates<br />

<strong>for</strong> UN peace operations. 6<br />

While these developments were – and are – not without controversy, one of the most<br />

contentious issues regarding the protection of civilians has been the legitimacy of military<br />

intervention when people are being targeted and killed within their own borders.<br />

At what point should the humanitarian imperative to save lives override the longentrenched<br />

notion of sovereignty as non-interference? In practice, the international<br />

community’s record of “humanitarian intervention” has been highly questionable.<br />

Within UN debates, member states have remained deeply divided on the issue, even<br />

as strengthened international human rights and humanitarian standards have raised the<br />

pressure to “do something” in the face of humanitarian crises.<br />

Footnotes 1–6:<br />

1 Presentation by Gareth Evans, President<br />

of the International Crisis Group, to<br />

Panel Discussion on The Responsibility<br />

to Protect: Ensuring Effective Protection<br />

of Populations Under Threat of Genocide<br />

and Crimes Against Humanity, Program<br />

to Commemorate 1994 Rwandan<br />

Genocide, United Nations, New York, 13<br />

April 2007.<br />

2 Human Security Centre, Human<br />

Security Report 2005: War and Peace<br />

in the 21st Century (New York: Ox<strong>for</strong>d<br />

University Press, 2005).<br />

3 A 2002 report of the UN Secretary-<br />

General concluded that women and<br />

children are disproportionately targets<br />

and constitute the majority of all victims<br />

of contemporary armed conflicts. See<br />

Jeanne Ward and Mendy Marsh, “Sexual<br />

Violence Against Women and Girls<br />

in War and its Aftermath: Realities,<br />

Responses, and Required Resources,”<br />

A Briefing Paper prepared <strong>for</strong> Symposium<br />

on Sexual Violence in Conflict and<br />

Beyond (Brussels, 2006).<br />

4 The term “human security” was first<br />

given prominence in the United Nations’<br />

1994 Human Development Report.<br />

5 Freedom from Fear: Canada’s Foreign<br />

Policy <strong>for</strong> Human Security, (Ottawa:<br />

Department of Foreign Affairs and<br />

International Trade, 2000), 2-3.<br />

6 The Government of Canada made<br />

advancing the Protection of Civilians a<br />

key priority during its 1999-2000 Security<br />

Council tenure, during which time<br />

resolutions 1265 (1999) and 1296 (2000)<br />

on civilian protection were adopted.<br />

14 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


The failure of the international community to stop the mass slaughter of civilians in<br />

Rwanda and Srebrenica fuelled debate between advocates of a “right to intervene” and<br />

those who argued that state sovereignty, as recognized in the UN Charter, prevented<br />

any intervention in internal matters. NATO’s intervention in Kosovo in 1999, without<br />

Security Council authorization, brought the issue to a head and raised serious concerns<br />

about whether the United Nations was capable of addressing critical security challenges<br />

of the day.<br />

In 1999, and again in 2000, then UN Secretary-General Kofi Annan urged the General<br />

Assembly to resolve the question of when, under what authority, and how to intervene<br />

in the face of mass atrocities. 7 In Annan’s words:<br />

. . . if humanitarian intervention is, indeed, an unacceptable assault on sovereignty,<br />

how should we respond to a Rwanda, to a Srebrenica – to gross and<br />

systematic violations of human rights that affect every precept of our common<br />

humanity? 8<br />

In this context, the government of Canada, along with a select group of foundations, established<br />

the International Commission on Intervention and State Sovereignty (ICISS) 9<br />

with a one-year mandate to foster global consensus on this set of issues. 10<br />

The Commission’s most notable contribution was to redefine the basic point of departure<br />

– from the right of states to intervene to the responsibility to protect people.<br />

According to the Commission’s Co-Chair, Gareth Evans, the Commission hoped that<br />

reframing the debate would cast new light on the issue and enable “entrenched opponents<br />

to find new ground on which to more constructively engage”. 11 While stressing<br />

the primary responsibility of states to protect their own populations, the report asserts<br />

that when states fail to ensure such protection (or are themselves perpetrators of<br />

abuses) this responsibility falls to the international community. In extreme cases, this<br />

may require external military intervention. 12<br />

The timing of the Commission’s report, presented to the UN in September 2001, could<br />

not have been worse in terms of the acceptance and implementation of its findings. The<br />

global refocusing on terrorism following 9/11, exacerbated by military activity in Iraq,<br />

diverted attention away from constructive discussions on intervention and heightened<br />

concerns that the responsibility to protect would be misused as a justification to advance<br />

“imperialist motives.”<br />

Despite ongoing controversy, the responsibility to protect became a central theme in<br />

debates and key reports leading up to the 60th anniversary of the UN and the 2005<br />

World Summit. The ongoing conflict in Darfur was making it painfully obvious that<br />

the issue – of preventing or stopping mass killing or genocides while respecting the<br />

sovereignty of a member state – remained a burning one. The Canadian government<br />

was among those that argued that addressing the UN’s ability to protect people from<br />

genocide and crimes against humanity struck at the very core of UN re<strong>for</strong>m, claiming<br />

that nothing undermines the credibility and legitimacy of the United Nations like the<br />

failure to prevent and stop atrocities.<br />

Footnotes 7–12:<br />

7 See International Commission on<br />

Intervention and State Sovereignty, The<br />

Responsibility to Protect, (Ottawa: International<br />

Development Research Centre,<br />

2001).<br />

8 Kofi Annan, “We the Peoples”: The<br />

Role of the United Nations in the 21st<br />

Century, A/54/2000 (United Nations,<br />

2000).<br />

9 ICISS was co-chaired by <strong>for</strong>mer<br />

Australian Foreign Minister Gareth<br />

Evans and Algerian diplomat Mohammed<br />

Sahnoun. ICISS presented its report,<br />

titled The Responsibility to Protect, to<br />

the Secretary-General in 2001.<br />

10 See www.iciss.ca.<br />

11 Address by Gareth Evans, President,<br />

International Crisis Group, to<br />

Human Rights Law Resource Centre,<br />

Melbourne, 13 August 2007 and Community<br />

Legal Centres and Lawyers <strong>for</strong><br />

Human Rights, Sydney, 28 August 2007<br />

[http://www.crisisgroup.org/home/index.<br />

cfm?id=4521&l=1#gareth]<br />

12 For an outline of principles proposed<br />

by the ICISS, see its report .<br />

Current Status: A <strong>Global</strong> Consensus<br />

The 2005 World Summit was a significant turning point; 150 heads of state and government<br />

endorsed the concept of the responsibility to protect, unambiguously placing<br />

genocide and related crimes against humanity on par with other threats to international<br />

peace and security. Paragraphs 138 and 139 of the Summit’s Outcome Document read<br />

in relevant part as follows:<br />

Each individual State has the responsibility to protect its populations from<br />

genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility<br />

entails the prevention of such crimes, including their incitement,<br />

15 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


through appropriate and necessary means. We accept that responsibility and<br />

will act in accordance with it. …<br />

The international community, through the United Nations, also has the responsibility<br />

to use appropriate diplomatic, humanitarian and other peaceful<br />

means, in accordance with Chapters VI and VIII of the Charter, to help to protect<br />

populations from genocide, war crimes, ethnic cleansing and crimes against<br />

humanity. In this context, we are prepared to take collective action, in a timely<br />

and decisive manner, through the Security Council, in accordance with the<br />

Charter, including Chapter VII, on a case-by-case basis and in cooperation<br />

with relevant regional organizations as appropriate, should peaceful means<br />

be inadequate and national authorities are manifestly failing to protect their<br />

populations from genocide, war crimes, ethnic cleansing and crimes against<br />

humanity. … 13<br />

The 2005 Summit Outcome Document is indeed of historic significance <strong>for</strong> relations<br />

among nations. It captures and rein<strong>for</strong>ces the concept of qualified sovereignty vis-à-vis<br />

genocide and crimes against humanity; and it records the express willingness of all UN<br />

member states to take collective action, including the use of <strong>for</strong>ce as a last resort, when<br />

an individual state is manifestly failing to protect its population from such acts.<br />

Moreover, the Security Council subsequently endorsed the Summit consensus on the<br />

responsibility to protect, in Resolution 1674 (28 April 2006) on the Protection of Civilians<br />

in Armed Conflict and again in Resolution 1706 (31 August 2006) on Darfur.<br />

A Fragile Concept at Risk<br />

The global consensus on the responsibility to protect has been loudly hailed as a major<br />

achievement of the 2005 UN Summit. However, the responsibility to protect, while<br />

appealing to the sense of humanity in most people, is proving extraordinarily difficult<br />

to promote and to implement. Little progress had been made by April 2007, when UN<br />

Secretary-General Ban Ki-moon reminded that:<br />

All the world’s Governments have agreed in principle to the responsibility to<br />

protect. Our challenge now is to give real meaning to the concept, by taking<br />

steps to make it operational. 14<br />

The fact is that among member states and civil society groups there are still deep divisions<br />

over the concept of the responsibility to protect and misconceptions about how<br />

and when it should be applied. And some governmental resistance to the concept is<br />

emerging from the perceived ambiguities – as illustrated by this statement in the Security<br />

Council by the Chinese representative, Li Junhua:<br />

At present, there are still various understandings and interpretations about this<br />

concept by many member states. There<strong>for</strong>e the Security Council should refrain from<br />

invoking the concept of “the responsibility to protect”. 15<br />

Footnotes 13–16:<br />

13 “Summit Outcome Document”,<br />

General Assembly Resolution U.N.Doc<br />

A/RES/60/1 (New York: United Nations,<br />

24 October 2005), par. 138-139.<br />

14 UN Secretary-General Ban Ki<br />

Moon’s speech on commemoration of<br />

Rwandan genocide, April 2007.<br />

15 Statement by Mr. Li Junhua (China)<br />

during the Open Debate on the Protection<br />

of Civilians in Armed Conflict, 22<br />

June 2007, Security Council Chamber.<br />

[Available at ].<br />

16 Statement by Mr. Robert Tachie-<br />

Menson (Ghana) during the Open Debate<br />

on the Protection of Civilians in Armed<br />

Conflict, 22 June 2007, Security Council<br />

Chamber. [Available at ].<br />

However, many countries have reaffirmed the concept and called <strong>for</strong> its implementation.<br />

In the case of Ghana, a non-permanent council member at the time, rather robustly<br />

stated:<br />

It is … undeniable that the international community has the legal and institutional<br />

tools to deal with this issue. The challenge <strong>for</strong> us now is how to translate<br />

the mechanisms at our disposal into effective practical systems <strong>for</strong> the<br />

protection of civilians …When States and combatants prove unwilling or unable<br />

to act, the international community has a moral and legal duty to intervene<br />

to avert a humanitarian catastrophe. 16<br />

On the other hand, many civil society groups – even those who advocated <strong>for</strong> states<br />

to adopt the summit pledge – are struggling with issues of application and implemen-<br />

16 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


tation. Some are concerned that the responsibility to protect will be defined too narrowly,<br />

as a doctrine <strong>for</strong> military intervention. Conversely, others feel that the concept<br />

is too vague to be particularly useful as an advocacy tool and are unclear about how<br />

to promote its implementation. Valid questions have been raised about which conflicts<br />

it should be applied to and, if applied, the range of measures to invoke – from early<br />

preventive action to military intervention. Advocacy groups have expressed confusion<br />

over whether to use the responsibility to protect as an advocacy tool in relation to specific<br />

conflicts, or whether they should promote the concept in and of itself. Amid the<br />

confusion, Darfur provides a constant reminder of the substantial gap between agreed<br />

concepts of civilian protection and the capacity and will to implement them.<br />

ACTORS AND PROCESSES: From Articulation to Implementation<br />

The United Nations<br />

The United Nations has a lead role to play in implementing the responsibility to protect.<br />

In 1999, Kofi Annan warned that “if the collective conscience of humanity . . .<br />

cannot find in the United Nations its greatest tribune, there is grave danger that it will<br />

look elsewhere <strong>for</strong> peace and <strong>for</strong> justice”. 17 It seems this warning is slowly but surely<br />

being heeded. For example, in May 2007, Ban Ki-moon strengthened and expanded<br />

the mandate of the Special Adviser on the Prevention of Genocide. 18 In early <strong>2008</strong>, a<br />

second Special Advisor was appointed to focus primarily on developing consensus<br />

around the Responsibility to Protect.<br />

Implementing the responsibility to protect, however, cannot be limited to one office – it<br />

will require ef<strong>for</strong>ts across the system, particularly the Office of the High Commissioner<br />

<strong>for</strong> Human Rights, the Department of Peacekeeping Operations (DPKO) and the Office<br />

<strong>for</strong> the Coordination of Humanitarian Affairs (OCHA). There have been positive<br />

signals that the responsibility to protect is taking hold in these and other parts of the<br />

system. The High Commissioner <strong>for</strong> Human Rights, Louise Arbour, has been a vocal<br />

advocate <strong>for</strong> the responsibility to protect. OCHA appears to be slowly but surely incorporating<br />

elements of the responsibility to protect into its broader work programme<br />

on the protection of civilians in armed conflict. DPKO lessons-learned exercises and<br />

the development of doctrine <strong>for</strong> peace operations are positive developments. In early<br />

2007, a Human Rights Council high-level mission on Darfur used the responsibility<br />

to protect as an organizing framework <strong>for</strong> its analysis of the human rights situation<br />

in the region. 19 The establishment of a new Peacebuilding Commission and ef<strong>for</strong>ts to<br />

strengthen the UN’s conflict prevention mechanisms 20 also contribute to the ability to<br />

move the preventive and reconstructive dimension of the responsibility to protect from<br />

concept to reality.<br />

Regional/Multilateral Organizations<br />

Footnotes 17–20:<br />

17 Kofi Annan, Address to the UN General<br />

Assembly (New York: 20 September<br />

1999)<br />

18 Juan Mendez held the part-time<br />

position of Special Adviser on the Prevention<br />

of Genocide from 2004-2007.<br />

Throughout 2006, a Special Advisory<br />

Committee developed recommendations<br />

<strong>for</strong> strengthening the office. It was subsequently<br />

upgraded to a full-time position.<br />

Francis Deng was appointed to this post<br />

in May 2006.<br />

19 Report of the High-Level Mission on<br />

the situation of human rights in Darfur<br />

pursuant to Human Rights Council<br />

decision S-4/101, A/HRC/4/80 (Geneva:<br />

Human Rights Council, 7 March 2007)<br />

20 See “Security Council Calls <strong>for</strong><br />

Boosting UN’s Role in Preventing,<br />

Resolving Conflicts” (New York: United<br />

Nations News, 28 August 2007)<br />

Leadership <strong>for</strong> implementing the responsibility to protect begins with the United Nations,<br />

but it does not end there. The role of multilateral organizations other than the UN<br />

should not be underestimated, both in strengthening international commitment to the<br />

concept as well as in implementation.<br />

The European Union, <strong>for</strong> example, expressed explicit support <strong>for</strong> embracing and upholding<br />

the responsibility to protect at a crucial point in the debates leading up to the<br />

2005 World Summit. The EU continues to support the implementation of the concept at<br />

a rhetorical level, yet there is little indication that either the Human Rights Council or<br />

the Peacebuilding Commission is working to incorporate the responsibility to protect<br />

into its programme of activities. A proposal <strong>for</strong> establishing an international centre<br />

<strong>for</strong> the prevention of genocide, championed by Javier Solana, Europe’s top official in<br />

international affairs, may be a positive development in this regard.<br />

17 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


From a military capacity perspective, the EU and NATO undoubtedly have the capability<br />

to organize and lead military interventions to prevent attacks on civilians. While<br />

NATO’s intervention in Kosovo is the most obvious case in point, in 2003 the EU conducted<br />

its first mission outside of Europe – Operation Artemis – as a direct response to<br />

escalating violence in the eastern Democratic Republic of Congo. However, the ef<strong>for</strong>t<br />

to address systematically the operational elements of the responsibility to protect –<br />

such as the development of doctrine, training and simulation exercises – remains very<br />

much in its infancy. Research suggests that much remains to be done to prepare these<br />

organizations and individual troop contributing countries <strong>for</strong> the planning and conduct<br />

of operations aimed at halting genocide or mass killing. 21<br />

Although they lack the resources and capacity of the European Union, African regional Footnotes 21–24:<br />

and sub-regional mechanisms have demonstrated a desire to take a lead role in conflict<br />

prevention and assessing conflict situations, as well as in <strong>for</strong>mulating and implementing<br />

timely and appropriate responses. The principles inherent in the responsibility to<br />

protect are not new to Africa, and are arguably well incorporated into the normative<br />

legal framework of the African Union (AU). Developed in the wake of the Rwandan<br />

genocide, the Constitutive Act of the AU established <strong>for</strong> the organization a right to intervene<br />

in cases of genocide and crimes against humanity. 22 This provision, frequently<br />

referred to as the “principle of non-indifference”, attempts to balance out the longstanding<br />

principle of non-interference in sovereign affairs with the human security<br />

imperative. In the lead-up to the 2005 Summit, the AU reaffirmed its commitment to<br />

the responsibility to protect, bringing attention to the role of regional organizations<br />

in matters of peace and security. Operationally, the African Union is in the process of<br />

developing the African Standby Force (ASF). The planning documents <strong>for</strong> the ASF<br />

state that the Union would have a capacity to deploy a robust military <strong>for</strong>ce in 14 days<br />

in cases of genocide or related atrocities. 23 However, the per<strong>for</strong>mance of AU <strong>for</strong>ces in<br />

Darfur and a review of the ASF development process to date provide little evidence<br />

that this capacity will be available at any time in the near future.<br />

In short, the incorporation of the responsibility to protect – at either the normative or<br />

operational level – remains patchy within regional and multilateral institutions. The<br />

responsibility to protect should there<strong>for</strong>e be placed firmly on the agenda of future summits<br />

and key meetings, with the aim of achieving further endorsement of the concept<br />

and opening dialogue on its application and implementation.<br />

Civil Society<br />

Civil society groups and networks of NGOs that have integrated the responsibility to<br />

protect into their activities can be grouped into three broad categories; those that:<br />

1) Use the responsibility to protect concept as an advocacy tool to advance<br />

specific policy recommendations;<br />

2) Develop networks, coalitions or broad-based consultations aimed at increasing<br />

awareness and building support <strong>for</strong> responsibility to protect principles;<br />

and<br />

3) Conduct policy research and research aimed at developing operational<br />

tools <strong>for</strong> implementation.<br />

Currently, the most prominent “application” of the responsibility to protect has come<br />

from advocacy groups in reaction to the conflict in Darfur. A number of vocal organizations<br />

– including Oxfam, Human Rights Watch and the International Crisis Group –<br />

have teamed up to produce joint press releases using responsibility to protect language<br />

in their advocacy ef<strong>for</strong>ts. A new organization, “ENOUGH”, goes a step further, using<br />

the responsibility to protect as a framework to determine which conflicts to address and<br />

to suggest how they should be addressed. 24<br />

18 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

21 See Victoria Holt and Tobias C.<br />

Berkman, The Impossible Mandate?<br />

Military Preparedness, the Responsibility<br />

to Protect and Modern Peace Operations<br />

(Washington: The Henry L. Stimson<br />

Center, 2006)<br />

22 Article 4(h) of the Constitutive Act<br />

of the African Union grants the Union<br />

“the right to intervene in a member state<br />

pursuant to a decision of the Assembly in<br />

respect of grave circumstances, namely:<br />

war crimes, genocide and crimes against<br />

humanity, as well as a serious threat to<br />

legitimate order to restore peace and<br />

stability to the member state.”<br />

23 Roadmap <strong>for</strong> the Operationalization<br />

of the Africa Standby Force, EXP/AU-<br />

RECs/ASF/4(I) (Addis Ababa: African<br />

Union, March 2005), B-1.<br />

24 See www.enoughproject.org.


Various civil society ef<strong>for</strong>ts have aimed to raise general awareness of the responsibility<br />

to protect. The World Federalist Movement’s New York Institute <strong>for</strong> <strong>Global</strong> Policy<br />

has sponsored one of the more prominent civil society networks aimed at “advancing<br />

responsibility to protect and to promote concrete policies to better enable governments,<br />

regional organizations and the UN to protect vulnerable populations”. A number of<br />

consultations have also taken place across Africa, engaging a wide range of civil society<br />

organizations, governments and officials from the African Union and other regional<br />

organizations. In May 2007, a <strong>for</strong>um of NGOs <strong>for</strong>mally called upon the African Commission<br />

on Human and Peoples’ Rights to endorse the responsibility to protect. Other<br />

consultations in Asia and the Middle East have grappled with the issue of how to translate<br />

the principles into regional contexts and how to overcome cultural or structural<br />

barriers to implementing these principles. A recent upsurge of interest in the US has<br />

led to a series of conferences and ef<strong>for</strong>ts to build a coalition geared toward shaping US<br />

policy on prevention of genocide and crimes against humanity.<br />

Research organizations in Europe, Africa and North America have contributed to developing<br />

a better understanding of the operational implications of the responsibility<br />

to protect. A groundbreaking study by the Henry L. Stimson Center on military preparedness<br />

<strong>for</strong> conducting protection operations identified clear gaps that need to be<br />

addressed “if aspirations to protect civilians are to transcend rhetoric and translate<br />

into effective action in the field”. 25 This research led to a three-day workshop with<br />

senior military commanders that identified lessons learned and developed operational<br />

concepts <strong>for</strong> preventing or stopping mass atrocities. Other research has looked at how<br />

regional organizations such as the African Union could better integrate responsibility<br />

to protect principles into their work programmes.<br />

While the above activities have resulted in increased awareness about the responsibility<br />

to protect and contributed significantly to policy development, a number of organizations<br />

have identified the need <strong>for</strong> a clearer focal point <strong>for</strong> this work in order to<br />

develop strategies <strong>for</strong> moving this agenda <strong>for</strong>ward. To this end, the International Crisis<br />

Group teamed up with a number of NGOs and supportive governments to establish the<br />

<strong>Global</strong> Centre <strong>for</strong> the Responsibility to Protect. The Centre aims to be a resource base<br />

and catalyst <strong>for</strong> ongoing activity worldwide by NGOs, governments and key international<br />

organizations. It was officially launched in February <strong>2008</strong> with an ambitious<br />

agenda: 1) advance and consolidate the World Summit consensus on R2P; 2) protect<br />

the integrity of the R2P concept; 3) clarify when non-consensual military <strong>for</strong>ce can and<br />

cannot be used consistently with R2P principles; 4) build capacity on R2P within international<br />

institutions, governments, and regional organizations; and 5) have in place<br />

the mechanisms and strategies necessary to generate an effective political response as<br />

new R2P situations arise. 26 The success of the Centre and its network of associates will<br />

undeniably hinge on its ability to attract sustained support in order to deliver on what<br />

is arguably a very long-term agenda.<br />

Footnotes 25–27:<br />

25 See Holt and Berkman, The Impossible<br />

Mandate.<br />

26 See www.globalcentrer2p.org<br />

27 Address by Gareth Evans, President,<br />

International Crisis Group, to Human<br />

Rights Law Resource Centre (Melbourne:<br />

13 August 2007), and Community<br />

Legal Centres and Lawyers <strong>for</strong><br />

Human Rights (Sydney: 28 August 2007)<br />

[available at www.crisisgroup.org].<br />

THE IMPORTANCE OF WOMEN’S LEADERSHIP<br />

First and <strong>for</strong>emost, giving “real meaning” to the responsibility to protect will require<br />

concerted ef<strong>for</strong>t to deepen the international commitment endorsed by the 2005 Summit<br />

and to establish it firmly as a norm of international law. The potential <strong>for</strong> backsliding<br />

on the summit consensus presents an ongoing danger:<br />

For whatever reason – embarrassment about their own behaviour, embrace of<br />

the concept but concern about its misuse, or ideological association of any<br />

intervention with neo-imperialism or neo-colonialism – there is a recurring<br />

willingness by a number of states to deflate or undermine the concept. 27<br />

If the responsibility to protect is to have any meaning at all, it will need to be promoted<br />

in such a way that it does not get unnecessarily diluted. Since the 2005 Summit, there<br />

has been a tendency to apply the “responsibility to protect” as a catchphrase to a wide<br />

19 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


ange of activities, from nuclear non-proliferation, to HIV/AIDS, to global warming.<br />

While this might achieve quick hits from an advocacy perspective, in the long run this<br />

type of expanded application has more potential to weaken the potency of the concept<br />

rather than strengthen it. The principle was conceived of and promoted to fill a specific<br />

and glaring gap in international relations vis-à-vis effective responses to genocide and<br />

crimes against humanity. Rather than broadening the concept, further clarity is needed<br />

on the fundamental principles inherent in the concept itself as well as when and how it<br />

should be applied, i.e. when genocide or other crimes against humanity are occurring<br />

or imminent.<br />

Specifically, what is needed are:<br />

1) More explicit articulation of sovereignty as responsibility,<br />

2) Clearer articulation of the international community’s responsibility (rather<br />

than just willingness) to act when states are manifestly failing to protect their<br />

own populations,<br />

3) Clearer articulation of the threshold <strong>for</strong> action, including military intervention<br />

in extreme cases and<br />

4) New strategies that encourage the Security Council to adopt guidelines<br />

<strong>for</strong> the use of military intervention as proposed by the ICISS and endorsed by<br />

the Secretary-General’s Report on UN Re<strong>for</strong>m.<br />

Secondly, real capacity needs to be developed at multiple levels <strong>for</strong> preventing and<br />

responding to genocide and related crimes against humanity. This includes:<br />

1) Better and more systematic monitoring, analysis and reporting where there<br />

are actual or imminent attacks against civilian populations, especially those<br />

which lead to mass displacement or amount to ethnic cleansing;<br />

2) Serious attention to developing mechanisms <strong>for</strong> preventing genocide and<br />

crimes against humanity within multilateral organizations;<br />

3) Supporting the capacity and increasing the efficiency of relevant decisionmaking<br />

bodies, such as the Security Council and the African Union Peace and<br />

Security Council, by ensuring they are adequately in<strong>for</strong>med and prepared to<br />

incorporate responsibility to protect principles into their decisions; and<br />

4) Improving operational preparedness to conduct military operations in the<br />

event that civilians require immediate protection. This will require research<br />

on and development of lessons learned from past operations and the development<br />

of doctrine and concepts, rules of engagement and appropriate training<br />

and simulation exercises.<br />

There is general agreement among advocates of the above agenda that it does not entail<br />

an overhaul of the entire system <strong>for</strong> maintaining peace and security; rather “the goal<br />

is to build up capacity so that when there is a political opportunity to act it can be applied”.<br />

28<br />

The Role of Women<br />

Footnote 28:<br />

Lee Feinstein, Darfur and Beyond:<br />

What is Needed to Prevent Mass Atrocities,<br />

CSR No. 22 (New York: Council on<br />

Foreign Relations, January 2007), 13.<br />

Women leaders and organizations focused on women and gender equality have succeeded<br />

in raising awareness of both the disproportionate impact of conflict on women<br />

and girls, as well as the unique contribution women can make in the realm of peace<br />

and security. Decades of dedicated work in this area led to significant achievements,<br />

notably the Beijing Declaration and Plat<strong>for</strong>m <strong>for</strong> Action in 1995, which acknowledges<br />

“Women and Armed Conflict” as a critical area of concern, and Security Council Resolution<br />

1<strong>32</strong>5 on Women, Peace and Security in 2000. Resolution 1<strong>32</strong>5 binds member<br />

states to take action along four main areas of concern:<br />

20 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


1) Participation of women in peace and security initiatives including peace<br />

processes,<br />

2) Inclusion of gender training <strong>for</strong> peace operations,<br />

3) Protection of women and girls and promotion of their rights in armed conflict<br />

and in post-conflict situations and<br />

4) Gender mainstreaming throughout relevant programmes related to conflict,<br />

peace and security. 29<br />

Progress in actually implementing Resolution 1<strong>32</strong>5 has been uneven and can probably<br />

only be meaningfully evaluated within a long-term framework. However, it is patently<br />

clear that precious little has been done about the meaningful “protection of women and<br />

girls and promotion of their rights in armed conflict”. Within the context of the responsibility<br />

to protect, this should be a top priority of all women leaders.<br />

At a broader policy level, there are two strategies that women leaders and advocates<br />

can adopt in order to advance the responsibility to protect. First, they can work to incorporate<br />

the concept into existing work programmes focused on women, peace and<br />

security.<br />

The responsibility to protect provides an important complement to existing commitments<br />

to protect women’s rights and security. Early consultations on the responsibility<br />

to protect highlighted the need <strong>for</strong> women’s groups and women leaders to become<br />

more engaged. For example, following a series of consultations across Africa, Project<br />

Ploughshares found that:<br />

The disproportionate burdens borne by women in armed conflict, the fundamental<br />

role of women in traditional African mechanisms of conflict resolution,<br />

and the urgent need <strong>for</strong> women to be much better represented in positions<br />

of authority are widely recognized as foundational truths that must be<br />

acknowledged in Africa’s new peace and security architecture. Yet women are<br />

consistently underrepresented in <strong>for</strong>a where grand decisions around peace and<br />

security are made. 30<br />

The focus on the protection of populations at risk as well as the inclusion of crimes<br />

against humanity in the threshold criteria of the responsibility to protect have been<br />

welcomed by advocates of this agenda. The government of Canada, speaking to the<br />

Security Council on behalf of the Human Security Network in 2005, illustrated the<br />

linkages between the responsibility to protect and all programmes aimed at preventing<br />

and combating gender-based violence:<br />

. . . [T]he Network welcomes the recent adoption of the principle of the Responsibility<br />

to Protect by world leaders in the World Summit Outcome. We<br />

were particularly pleased that the threshold <strong>for</strong> action that was endorsed is<br />

an inclusive one, in that it holds not only genocide and war crimes but also<br />

crimes against humanity as a key trigger <strong>for</strong> action. The definition of crimes<br />

against humanity includes all of the most egregious examples of gender-based<br />

violence — the horrific results of which we have seen in too many conflict<br />

areas. … In particular, a rigorous monitoring and reporting mechanism <strong>for</strong><br />

gender-based violence will be essential to ensure that states shoulder their<br />

responsibility to not only prevent such violence but also to protect their own<br />

citizens from such crimes. 31<br />

In a similar vein, the World Federalist Movement through its Civil Society Network<br />

calls on organizations focused on women, peace and security to view the responsibility<br />

to protect and Resolution 1<strong>32</strong>5 together, as mutually rein<strong>for</strong>cing commitments by<br />

governments toward preventing and stopping mass atrocities including international<br />

crimes against women and children.*<br />

21 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

Footnotes 29–31:<br />

29 See Jennifer Bond and Laurel Sharret,<br />

A Sight For Sore Eyes: Bringing<br />

Gender Vision to the Responsibility to<br />

Protect Framework (INSTRAW, October<br />

2005).<br />

30 Greg Puley, The Responsibility to<br />

Protect: East, West and Southern African<br />

Perspectives on Preventing and Responding<br />

to Humanitarian Crises, Working<br />

Paper (Waterloo: Project Ploughshares,<br />

2005), 25.<br />

31 Security Council Open Debate on<br />

Women, Peace and Security, 27 October<br />

2005.<br />

* [See next page]


Secondly, there is a pressing need <strong>for</strong> more champions worldwide, and in particular <strong>for</strong><br />

women leaders, to add their voices and ef<strong>for</strong>ts to those who believe in and advocate<br />

<strong>for</strong> the protection of civilians from genocide and crimes against humanity. They can do<br />

so, in particular, by:<br />

1) Promoting the significance of the 2005 World Summit’s consensus on the<br />

responsibility to protect,<br />

2) Protecting the integrity of the principles of the responsibility to protect,<br />

3) Encouraging relevant political institutions to endorse and promote the norm<br />

and<br />

4) Ensuring that the responsibility to protect is on the agenda within relevant<br />

discussions (such as this global women leaders summit) – and work to integrate<br />

it into the work programmes of multilateral institutions.<br />

CONCLUSION: What Needs to Be Done<br />

Solidifying the still-fragile commitment to the responsibility to protect and ensuring<br />

its implementation will require sustained advocacy at a high political level. Yet there<br />

are currently only a small number of dedicated advocates with the diplomatic or moral<br />

weight to build political support toward this end. And the most prominent are men:<br />

Gareth Evans is arguably one of the most prolific speakers and writers on the responsibility<br />

to protect and has been an enormous <strong>for</strong>ce in keeping the concept front and centre<br />

in a skeptical diplomatic climate; General Romeo Dallaire, the Canadian officer let<br />

down by the Security Council when he called <strong>for</strong> more troops in Rwanda and warned<br />

a genocide was being planned, is another steadfast champion, speaking worldwide on<br />

the topic.<br />

The High Commissioner <strong>for</strong> Human Rights, Louise Arbour, has been one of the few<br />

vocal female advocates. She is limited, however, by her own official mandate and responsibilities<br />

in how far she can compel further advancement of the issue. She is also<br />

stepping down from her post in June. In short, political leaders, civil society spokeswomen<br />

and high-level officials have a responsibility to send a clear signal that there<br />

needs to be a concerted drive toward implementation. In addition to individual champions,<br />

the newly created Group of Elders may hold promise in this regard.<br />

While Gareth Evans rightly observed that it has taken the world an insanely long time<br />

to come to terms conceptually with the idea that state sovereignty is not a license to<br />

kill, we need champions who build on this enlightenment. Champions with the conviction<br />

needed to move beyond a realization of the obvious; women who are not prepared<br />

to accept the fact that it is taking an insanely long time to actually do something to stop<br />

state-sponsored or condoned violence against civilians, including women and children.<br />

Women heads of state can work to galvanize broader political support <strong>for</strong> the responsibility<br />

to protect through regional and other multilateral organizations and to focus<br />

attention on the responsibility of individual states to protect their own populations.<br />

Senior women officials can work to ensure that commitments on the responsibility<br />

to protect are institutionalized appropriately and incorporated into existing work programs<br />

focused on women, peace and security. And women leaders in civil society need<br />

to help keep the spotlight where it belongs – on the development of effective strategies<br />

to prevent and respond to mass atrocities. Ultimately, it may be up to women leaders<br />

to move the responsibility to protect from a catchphrase that sounds right to its rightful<br />

position as a cornerstone of international relations in the 21st century.<br />

22 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

Long seen as the collateral damage<br />

of conflict, systematic rape has<br />

become a means of achieving<br />

military ends. Rape under orders<br />

is not merely an aggressive manifestation<br />

of sexuality, but a sexual<br />

manifestation of aggression.<br />

- Inés Alberdi, Executive Director,<br />

UNIFEM (United Nations Development<br />

Fund <strong>for</strong> Women), 17 June <strong>2008</strong><br />

* [Editor’s footnote] - R2P and Resolution<br />

1<strong>32</strong>5 in the DRC - “To recognize<br />

[systematic rape] as a security issue is to<br />

justify a security response,” Inés Alberdi<br />

wrote to the New York Times on the eve of<br />

the 19 June UN Security Council debate<br />

on “whether sexual violence is linked to<br />

international peace and security”.<br />

“[S]exual violence is a tactic of choice in<br />

Darfur and Congo,” she noted, not a side<br />

effect, as many assume. “The effect is to<br />

<strong>for</strong>ce populations to flee, punish civilians<br />

seen as partisan, reward irregularly paid<br />

arms bearers, secure resources and shatter<br />

community cohesion. It is cheaper and<br />

more destructive than other methods of<br />

fighting, and easier to get away with until<br />

now. … During the Security Council’s<br />

mission to Africa this month, UNIFEM<br />

arranged <strong>for</strong> women’s civil society groups<br />

to speak directly with Council members.<br />

As one activist said, sexual violence did<br />

not abate after the January peace talks in<br />

Goma, Congo. Why not? It was simply<br />

never discussed. Such silence advertises<br />

that rape can be perpetrated with impunity.”<br />

By late last year, rape by gangs of armed<br />

militia already had damaged or killed<br />

more than a quarter-million women &<br />

girls in the Democratic Republic of Congo<br />

— believed to be the highest number<br />

of war rapes in the world (Radio Netherlands<br />

Worldwide, 1 December 2007).<br />

Arguing with passion that “what’s happening<br />

in the Congo is an act of criminal<br />

international misogyny, sustained by<br />

the indifference of nation-states and by<br />

the delinquency of the United Nations”,<br />

<strong>for</strong>mer UN Special Envoy Stephen Lewis<br />

asserts that “the Secretary-General should<br />

pull out all the stops in getting the United


Nations to agree that the Congo is the best<br />

test case <strong>for</strong> the principle of the ‘Responsibility<br />

to Protect’. This principle was<br />

universally endorsed by heads of state at<br />

the UN in September of 2005. It’s the first<br />

major contemporary international challenge<br />

to the sanctity of sovereignty. It<br />

simply asserts that where a government is<br />

unable or unwilling to protect its own people<br />

from gross violations of human rights,<br />

then the international community has the<br />

responsibility to intervene. That … can be<br />

diplomatic negotiation, or economic sanctions,<br />

or political pressure or military intervention<br />

— whatever it takes to restore<br />

justice to the oppressed. Responsibility to<br />

Protect was originally drafted with Darfur<br />

in mind — it’s equally applicable to<br />

the Congo. We have to start somewhere”<br />

(“Protecting the Women of Congo”, The<br />

Nation, 28 April <strong>2008</strong>).<br />

Mr Lewis deplores that the UN-facilitated<br />

“‘Act of Engagement’ — a so-called peace<br />

commitment signed amongst the warring<br />

parties” last January, though a lengthy<br />

document, never mentions the horrific<br />

level of rape and what’s commonly known<br />

in Congolese medical practice as “vaginal<br />

destruction”, and grants amnesty far too<br />

broadly, encouraging a sense of impunity<br />

<strong>for</strong> outrageous behavior. “The war may<br />

stutter; the raping is unabated.”<br />

This happened despite passage in late<br />

December, after growing clamor about<br />

this issue, of “the strongest language condemning<br />

rape and sexual violence ever to<br />

appear in a Security Council resolution”,<br />

in the renewed mandate <strong>for</strong> MONUC, the<br />

UN peacekeeping <strong>for</strong>ce in the Democratic<br />

Republic of the Congo.<br />

“And perhaps most unconscionable of<br />

all”, laments Mr Lewis, “despite the existence<br />

<strong>for</strong> seven years of another Security<br />

Council resolution 1<strong>32</strong>5, calling <strong>for</strong> women<br />

to be active participants in all peace deliberations,<br />

there was no one at that peace<br />

table directly representing the women, the<br />

more than 200,000 women, whose lives<br />

and anatomies were torn to shreds by the<br />

very war that the peace talks were meant<br />

to resolve. Thus does the United Nations<br />

violate its own principles.”<br />

Believing that unconscionable neglect<br />

of “more than 50 percent of the world’s<br />

population, amongst whom are the most<br />

uprooted, disinherited and impoverished<br />

of the earth” extends to the office of the<br />

Secretary-General, Stephen Lewis is one<br />

of the principal proponents of the recommendation<br />

by the High-Level Panel on<br />

Re<strong>for</strong>m of the United Nations of a new<br />

international agency <strong>for</strong> women:<br />

“If the new agency comes into<br />

being, headed by an Under-Secretary<br />

General, with funding that starts at $1 billion<br />

a year (less than half of UNICEF’s<br />

resources), and real capacity to run programs<br />

on the ground, issues like violence<br />

against women would suddenly be confronted<br />

with indomitable determination.<br />

“The women activists on the<br />

ground, the women survivors on the<br />

ground, the women activist-survivors on<br />

the ground would finally have resources<br />

and support <strong>for</strong> the work that must be<br />

done.<br />

“But the creation of the new<br />

agency is bogged down in the UN General<br />

Assembly, caught up in the crossfire<br />

between the developed and developing<br />

countries. The Secretary-General could<br />

break that impasse if he pulled out all the<br />

stops. He and the Deputy-Secretary General<br />

make speeches that give the impression<br />

they support the women’s agency,<br />

but in truth the language is so carefully<br />

and artfully couched as to gut the agency<br />

of impact on the ground, in-country, were<br />

it ever to come into being.”<br />

Stephen Lewis has been Canadian Ambassador<br />

to the UN, the Deputy at UNICEF,<br />

an advisor on Africa to a <strong>for</strong>mer Secretary-General,<br />

and most recently a “Special<br />

Envoy” <strong>for</strong> AIDS in Africa. He says<br />

that, in nearly 25 years of international<br />

work, he has been “a ready apologist <strong>for</strong><br />

the United Nations” and continues “to be<br />

persuaded that the United Nations can yet<br />

offer the best hope <strong>for</strong> humankind”, but<br />

it is necessary to be critical “when the<br />

United Nations goes off the rails, as is the<br />

case in the Congo — as is invariably the<br />

case when women are involved. … What<br />

makes this all the more galling is that in<br />

many respects, the UN is the answer.”<br />

Summit Statement on R2P and UNGA<br />

Resolution of 15 November 2007:<br />

International women leaders who came<br />

together at the historic <strong>Global</strong> Security<br />

Summit in NYC, November 15–17, 2007,<br />

commend the passing of a resolution yesterday<br />

by the UN General Assembly calling<br />

<strong>for</strong> the elimination of rape and other<br />

<strong>for</strong>ms of sexual violence in all its manifestations,<br />

including in conflict and related<br />

situations. Although this is a step in the<br />

right direction, we deeply regret the resolution’s<br />

inadequate recognition of state<br />

responsibility to protect citizens from<br />

organized mass rape or the use of rape<br />

as a political tool. Rape is a horrendous<br />

crime in any circumstance but when per-<br />

From the International Women Leaders <strong>Global</strong> Security Summit (November 2007)<br />

Call to Action:<br />

… We call on both government and individuals to effectively use the local,<br />

regional and international tools already in our hands, such as the United Nations Security<br />

Council Resolution 1<strong>32</strong>5, internationally agreed human rights standards including<br />

the Convention on the Elimination of All Forms of Discrimination Against Women,<br />

and evolving norms such as the Responsibility to Protect, which are endorsed by heads<br />

of government and the international community. Similarly, policies that address the<br />

common ground shared by development and security are widely recognized as good<br />

practice, and should increasingly provide the framework <strong>for</strong> defense and economic<br />

strategies.<br />

There is an urgent need to strengthen the application of these tools. We call on<br />

leaders to use them as designed: consistently, jointly and in global unison. Policymaking<br />

on security will then be squarely rooted in human rights principles and international<br />

law. We can also further strengthen their implementation by supporting re<strong>for</strong>m<br />

at the United Nations that calls <strong>for</strong> a stronger, consolidated body <strong>for</strong> women’s rights<br />

and empowerment that operates robustly at the global policy and field levels.<br />

23 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


petrated by those in positions of authority,<br />

be they members of a state, military,<br />

or peacekeeping <strong>for</strong>ce, it is particularly<br />

abhorrent. Nonetheless, we hope that this<br />

decision by the General Assembly will<br />

lead swiftly to effective action to prevent<br />

these crimes and punish perpetrators. It<br />

must also serve to remind states of their<br />

principal responsibility to protect all of<br />

their citizens.<br />

From the February <strong>2008</strong> report,<br />

prepared by Antonia Potter & Jaime Peters,<br />

of the November 2007 International<br />

Women Leaders <strong>Global</strong> Security Summit<br />

at Jumeirah Essex House, New York City.<br />

The Summit premise was that “human<br />

and state security must be integrated in<br />

order to create a more secure world.<br />

Four themes, emphasizing the interconnectedness<br />

of human and state security,<br />

shaped Summit activity: climate change,<br />

the responsibility to protect, the<br />

economics of insecurity [see page 37]<br />

and preventing terrorism.”<br />

… To fulfill the responsibility to protect, we must:<br />

• Actively rein<strong>for</strong>ce the global consensus that all nations bear collective responsibility<br />

to protect civilian populations from genocide, war crimes, ethnic cleansing and crimes<br />

against humanity.<br />

• Clearly and consistently articulate the international community’s responsibility to<br />

first take action through diplomatic and other non-violent means when states fail to<br />

prevent or respond effectively to the above-mentioned crimes, even when committed<br />

by non-state actors.<br />

• Press government representatives at the United Nations to articulate a clear threshold<br />

<strong>for</strong> taking military action to prevent these crimes, and to press the UN Security<br />

Council to authorize decisive and timely action when this threshold is crossed.<br />

• Insist that women’s views are sought and women leaders are included in all peace and<br />

security initiatives, including Track I and II negotiations.<br />

• End impunity <strong>for</strong> violence against women and promote gender awareness in all stages<br />

of peace processes by mandating training <strong>for</strong> civilian and military personnel on the<br />

various ways insecurity manifests <strong>for</strong> women, including rape, murder, sexual harassment,<br />

unfair treatment and unequal power relations between men and women.<br />

• Call on world leaders to protect the impartial and independent space of humanitarian<br />

actors working alongside military <strong>for</strong>ces in areas of crisis.<br />

UN Rule of Law Assistance Unit?<br />

In addition to R2P, the 2005 UN World<br />

Summit Outcome Document has a section<br />

described by International Court<br />

of Justice President Rosalyn Higgins as<br />

recognizing “the need <strong>for</strong> universal adherence<br />

to and implementation of the rule of<br />

law at both the national and international<br />

levels by, inter alia, supporting the establishment<br />

of a Rule of Law Assistance<br />

Unit within the UN Secretariat. This Unit<br />

would strengthen UN activities to promote<br />

the rule of law, including through technical<br />

assistance and capacity-building. It<br />

was expected to adopt concrete measures<br />

such as establishing independent national<br />

human rights commissions, reintegrating<br />

displaced civilians and <strong>for</strong>mer fighters,<br />

and increasing the presence of law<br />

en<strong>for</strong>cement officials” — an example of<br />

“how conceptually dispersed is the idea<br />

of ‘the rule of law’”, in her view.<br />

ICJ & ICC<br />

Judge Higgins often expresses concern<br />

about unrealistic references to “international<br />

rule of law” when there is “manifestly<br />

no world government system into<br />

which the [national rule of law] model<br />

could most easily fit”. In the current international<br />

framework, where there can be no<br />

consistency of application & review and<br />

no full en<strong>for</strong>cement, the increasing popularity<br />

of the term “rule of law” requires<br />

“a certain scepticism”, she cautioned in<br />

the 2007 Grotius Lecture at the British Institute<br />

of International and Comparative<br />

Law. She suggests that the term is being<br />

made too elastic at the UN by States seeking<br />

to qualify a wide range of recycled<br />

projects <strong>for</strong> funding. And of course a major<br />

issue is that there are “publicly diverse<br />

perspectives on the implications of the<br />

rule of law <strong>for</strong> the principle of the equal<br />

sovereignty of states” (2006 speech at the<br />

London School of Economics).<br />

Nevertheless, she believes that progress<br />

can be made by simultaneously improving<br />

domestic legal systems and strengthening<br />

international institutions. Toward<br />

that end, she hopes: <strong>for</strong> better public<br />

understanding of the work of the ICJ<br />

(widely misconceived as non-binding and<br />

ignored) and of the ICC; that the absence<br />

of compulsory recourse to the ICJ is dealt<br />

with; and that the risk of fragmentation is<br />

“manageable and can largely be avoided<br />

24 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

by <strong>for</strong>ming cordial relationships with the<br />

various international courts and tribunals<br />

involving the regular exchange of in<strong>for</strong>mation<br />

and open lines of communication.<br />

To date, the general picture has been one<br />

of these courts seeing the necessity of locating<br />

themselves within the embrace of<br />

international law, and desiring to follow<br />

the Judgments and Advisory Opinions of<br />

the International Court of Justice.”<br />

Rosalyn Higgins, President of the<br />

International Court of Justice,<br />

and Deputy Secretary-General Asha-<br />

Rose Migiro at UN Headquarters in<br />

New York, November 2007<br />

(UN Photo/Paulo Filgueiras)


Kelly Whitley, Deputy Convenor<br />

of the co-sponsoring Responsibility<br />

to Protect Coalition, prepared<br />

this summary of the R2P conference<br />

presented recently by the Center <strong>for</strong><br />

International Human Rights of Northwestern<br />

University School of Law, which<br />

has granted permission to reprint these<br />

excerpts. Statements of fact and expressions<br />

of opinion in this report may not<br />

necessarily reflect the observations or<br />

views of particular conference participants,<br />

their respective organizations, or<br />

the project funders. Individual participants<br />

in the dialogue may not agree with<br />

the report in its entirety.<br />

The Center <strong>for</strong> International Human<br />

Rights (CIHR) at Northwestern University<br />

School of Law’s Bluhm Legal Clinic<br />

concentrates on “emerging human rights<br />

norms and related issues” and provides<br />

“clinical experiences <strong>for</strong> students interested<br />

in the protection of human rights on a<br />

global scale”. It focuses much of its work<br />

on the Responsibility to Protect doctrine,<br />

corporate human rights responsibility, the<br />

jurisprudence of the international criminal<br />

tribunals, Alien Tort Statute litigation,<br />

death penalty cases, truth and reconciliation<br />

commissions, and issues related to the<br />

<strong>for</strong>thcoming review conference of the International<br />

Criminal Court. FMI: .<br />

The Responsibility to Protect (R2P) Coalition<br />

is a non-partisan, non-profit grassroots<br />

organization. Its mission is “to convince<br />

the American people and its leaders<br />

to embrace the norm of the responsibility<br />

to protect as a domestic and <strong>for</strong>eign policy<br />

priority; to convince the United States<br />

that it must demonstrate its commitment<br />

to effectively upholding global human<br />

rights by joining the International Criminal<br />

Court; and to convince civil society<br />

leaders that the United Nations and the<br />

International Criminal Court must be empowered<br />

with a legitimate and effective<br />

deterrent and en<strong>for</strong>cement mechanism to<br />

arrest indictees of atrocity crimes”. A core<br />

group of prominent academic, legal, and<br />

religious organizations provides guidance<br />

and oversight on how best to achieve<br />

“R2P-appropriate action”. FMI: .<br />

The Responsibility to Protect & the ICC:<br />

America’s New Priorities<br />

Summary<br />

25 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

Kelly Whitley<br />

The December 2007 conference on “The Responsibility to Protect and the International<br />

Criminal Court: America’s New Priorities” was the most in-depth discussion to<br />

date on how the Responsibility to Protect Doctrine (R2P) can be advanced with greater<br />

American participation in the International Criminal Court (ICC). Much attention has<br />

been paid to advancing the diplomatic, economic and military aspects of R2P, but this<br />

conference was the first of its kind to consider the judicial element of the Responsibility<br />

to Protect doctrine. The conference also focused discussion on the development<br />

of an international framework to empower the International Criminal Court with a<br />

mechanism to en<strong>for</strong>ce its judgments – an International Marshals Service. This is a<br />

capacity that the Court currently lacks and that gap in en<strong>for</strong>cement has greatly strained<br />

the ability of the Court to achieve custody of indicted fugitives, particularly where<br />

States fail to cooperate with the Court’s requests.<br />

As the international community is witnessing around the world, … atrocity crimes<br />

of the most conscious-shocking nature are being committed with impunity, despite<br />

the constant pledge resounding in many nations’ capitals of “never again” allowing<br />

such situations to occur. R2P is a new and emerging framework grounded in the rule<br />

of law that aims to protect populations from genocide, crimes against humanity and<br />

war crimes. Conferees agreed that a discussion was needed on how to devise useful<br />

and pragmatic strategies on what steps the United States could take domestically, and<br />

with other international institutions, to implement R2P judicially. Conferees felt that a<br />

nexus exists linking the R2P with the ICC through the moral commitment guiding both<br />

to address and ultimately eradicate situations of atrocity crimes.<br />

Conferees also felt that justice and peace [are] complementary, and that a comprehensive<br />

peace process must strike the right balance of meeting the highest standards of international<br />

legal norms and procedures while also maintaining respect <strong>for</strong> the cultural<br />

and political sensitivities of the societies affected. Accordingly, the ICC falls within<br />

this comprehensive legal approach, and conferees agreed it is time to broaden domestic<br />

awareness in and support <strong>for</strong> greater American involvement in the Court. Specifically,<br />

conferees strongly felt that common American misperceptions — particularly among<br />

officials at the Department of Defense and members of Congress — about the Court<br />

must be corrected.<br />

… [K]ey findings and recommendations summarized in subsequent sections of this<br />

report are listed below:<br />

Political Issues on ICC and R2P<br />

• There is clear need <strong>for</strong> serious research and thoughtful policy analysis <strong>for</strong> government<br />

officials, academics, civil society, and others concerned with advancing the issues of<br />

R2P and the ICC, as well as broad community dialogue and engagement.<br />

• An in<strong>for</strong>mation campaign is needed to build broad-based American support <strong>for</strong> the<br />

greater participation in the international judicial intervention aspects of R2P, and specifically<br />

in the ICC, that must address a wide variety of political, legal and attitudinal<br />

issues. When crafting the campaign message, advocates must capitalize on the dynamic<br />

of “change” taking place in the current US political environment by communi-


cating that R2P and the ICC are wholesale<br />

changes in the standard policies and practices<br />

of protecting innocent civilians and<br />

preventing atrocities from occurring.<br />

• The United States should seek to identify<br />

measures it can responsibly take<br />

to prevent the commission of atrocity<br />

crimes against civilian populations. These<br />

steps include, as part of such an ef<strong>for</strong>t, the<br />

ratification of or accession to, implementation<br />

of, and compliance with relevant<br />

international legal instruments.<br />

• The US should engage in the anticipated<br />

2010 Review Conference of the Rome<br />

Statute, and in particular it must participate<br />

in the Special Working Group on the<br />

Crime of Aggression.<br />

Addressing Military Concerns<br />

• A strategy must be undertaken to better<br />

educate the military community to understand<br />

that the Court can assist the United<br />

States in addressing strategic national interests<br />

and meeting US military goals.<br />

• An education campaign must focus initially<br />

on high-level commanders. Education<br />

strategies must focus on providing a<br />

better understanding of what are the real<br />

vulnerabilities that the military might face<br />

in being brought be<strong>for</strong>e the Court and<br />

how compliance with US laws may address<br />

their concerns about being subject<br />

to international courts such as the ICC.<br />

• The United States should evaluate the<br />

secondary effects of US non-party status<br />

and the continuing pursuit of Article 98(2)<br />

agreements world-wide in order to identify<br />

adverse ramifications in areas vital<br />

to US national interests and in America’s<br />

ability to conduct military operations.<br />

Creating an ICC En<strong>for</strong>cement<br />

Mechanism<br />

• In creating an international framework<br />

akin to an International Marshals Service,<br />

a number of key factors in the development<br />

of such an en<strong>for</strong>cement mechanism<br />

<strong>for</strong> the Court must be considered. These<br />

include 1) state responsibility principles<br />

to arrest and handover; 2) entities that can<br />

effect an arrest; and 3) challenges ahead<br />

(cost vs. benefits, political will, state consent,<br />

intelligence sharing, non-permissive<br />

environments and US engagement).<br />

• Of the variety of compliance mechanisms<br />

considered during the conference,<br />

participants recommended a specialized<br />

international task <strong>for</strong>ce focused on the<br />

problem of en<strong>for</strong>cement <strong>for</strong> the ICC.<br />

This task <strong>for</strong>ce would be a group of either<br />

standing or ad hoc character, composed<br />

of military and law en<strong>for</strong>cement personnel<br />

from States, with perhaps either a UN<br />

or ICC affiliation. The task <strong>for</strong>ce would<br />

trade expertise on strategies <strong>for</strong> arrests<br />

and explore which governments or alliances<br />

or organizations might have an interest<br />

in effectuating arrests without having<br />

to commit in advance to arresting any<br />

particular indicted fugitive.<br />

With respect to atrocity crimes, America’s<br />

future relationship with the world needs<br />

to be guided by the principles of prevention,<br />

cooperation, multilateralism, burden<br />

sharing, fighting impunity, respect <strong>for</strong> the<br />

rule of law, and the use of military <strong>for</strong>ce<br />

only as a last resort. This report summarizes<br />

the strategy discussed by the conferees<br />

and lists recommendations <strong>for</strong> how<br />

the United States can advance the judicial<br />

aspects of the Responsibility to Protect<br />

Doctrine, re-engage with the International<br />

Criminal Court, and conceptualize an en<strong>for</strong>cement<br />

mechanism <strong>for</strong> the Court.<br />

Introduction<br />

Over the course of the past five years,<br />

the international community has adopted,<br />

with varying degrees, two related<br />

means <strong>for</strong> responding to and preventing<br />

the atrocity crimes of genocide, crimes<br />

against humanity, war crimes and ethnic<br />

cleansing. The first is the “Responsibility<br />

to Protect Doctrine” (R2P), which the UN<br />

General Assembly adopted — with US<br />

endorsement — in September 2005. R2P<br />

mandates effective responses to widespread<br />

assaults on civilian populations at<br />

the national level first but, if necessary,<br />

through collective international action.<br />

Many focused on R2P implementation<br />

have sought to apply the doctrine in country-specific<br />

cases and have considered a<br />

range of political, economic, diplomatic,<br />

and military intervention options. What<br />

26 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

has been absent from these debates, however,<br />

is any serious discussion on the judicial<br />

arm of R2P, i.e., when an international<br />

judicial response can either support<br />

or replace military options.<br />

In order to move away from ad hoc, unilateral,<br />

and politically-driven military and<br />

diplomatic interventions to enduring and<br />

legitimate judicial deterrence and en<strong>for</strong>cement,<br />

policy makers and others considering<br />

R2P-appropriate actions <strong>for</strong> atrocity<br />

crimes should look to solutions within<br />

the international criminal justice system.<br />

More specifically, R2P supporters should<br />

seek, when appropriate, to imbed the R2P<br />

doctrine in the global judicial path being<br />

<strong>for</strong>ged by the International Criminal Court<br />

(ICC), a fresh hallmark in international<br />

relations <strong>for</strong> responding to and preventing<br />

future deadly conflicts. R2P and the<br />

ICC are both guided by the same moral<br />

commitment to address and ultimately<br />

end atrocity crimes, and that moral commitment<br />

is the nexus that should underpin<br />

advocating necessary changes in the national<br />

discourse of US <strong>for</strong>eign policy.<br />

The next American presidential administration<br />

… provides an opportunity to reaffirm<br />

key priorities <strong>for</strong> America: justice,<br />

the rule of law, human rights, and the end<br />

of the most heinous crimes known to humankind.<br />

The groundwork has been laid<br />

already. In September 2005, the United<br />

States joined consensus on the UN General<br />

Assembly’s adoption of the World<br />

Summit Outcome Document, which articulated<br />

R2P. Shortly thereafter, in Security<br />

Council Resolution 1674 of April<br />

26, 2006, which focused on the protection<br />

of civilian populations, US officials<br />

endorsed reference to the R2P provisions<br />

of the World Summit Outcome Document<br />

as critical to that objective. Until<br />

2001, the United States had a relatively<br />

positive history of involvement with the<br />

ICC. Throughout the UN negotiations<br />

on the Court that <strong>for</strong>mally began in 1995<br />

and culminated with the Rome Statute on<br />

the ICC in July 1998, the United States<br />

strongly supported the establishment of a<br />

permanent international criminal tribunal<br />

that would bring to justice those responsible<br />

<strong>for</strong> the commission of atrocity crimes.<br />

Though the United States opposed the final<br />

draft of the Rome Statute [over] certain


issues [as] addressed in that draft, during<br />

1999 and 2000 the United States actively<br />

participated in further negotiations and<br />

joined consensus on the Rules of Procedure<br />

and Evidence and on the Elements of<br />

Crimes adopted in June 2000. On December<br />

31, 2000, the United States signed the<br />

Rome Statute of the ICC. But … on May<br />

6, 2002, President Bush took the unprecedented<br />

step of denying … [it].<br />

Nonetheless, there are alternative views<br />

that American engagement with the Court<br />

remains important <strong>for</strong> the long-term success<br />

of the Court and <strong>for</strong> the achievement<br />

of US <strong>for</strong>eign policy objectives. … [T]he<br />

Center <strong>for</strong> International Human Rights at<br />

Northwestern University School of Law<br />

and the Responsibility to Protect Coalition<br />

convened [this] conference … with<br />

those aims in mind.<br />

Fifty-five leading experts from the ICC,<br />

the International Criminal Tribunal <strong>for</strong><br />

the Former Yugoslavia, academia, nongovernmental<br />

organizations, the military,<br />

religious communities, and the federal<br />

court system attended the conference.<br />

Keynote addresses were delivered by<br />

Samantha Power, Harvard University’s<br />

Anna Lindh Professor of Practice of<br />

<strong>Global</strong> Leadership and Public Policy, Luis<br />

Moreno-Ocampo, chief prosecutor <strong>for</strong> the<br />

International Criminal Court, John Prendergast,<br />

director of the ENOUGH Project,<br />

Prince Zeid Ra’ad Zeid Al-Hussein,<br />

Jordan’s Ambassador to the United States<br />

and the <strong>for</strong>mer President of the Assembly<br />

of States Parties of the ICC, and US<br />

Army General Wesley Clark (ret.), <strong>for</strong>mer<br />

NATO Supreme Allied Commander.<br />

The goal of the conference was to <strong>for</strong>mulate<br />

recommendations on how the United<br />

States should take steps domestically and<br />

with other governments and international<br />

institutions to advance the R2P principle<br />

through the work of the ICC. Within this<br />

framework, the conference focused on<br />

three issues:<br />

1. The Political Strategy <strong>for</strong> American<br />

Cooperation/Participation re ICC<br />

2. The Military Strategy <strong>for</strong> American<br />

Cooperation/Participation re ICC<br />

3. The Political and Military Strategy <strong>for</strong><br />

Development of an International Marshals<br />

Service<br />

This report is the outcome of the conference.<br />

It [sets] out specific recommendations<br />

on how to raise awareness on the<br />

international justice elements of R2P, develop<br />

constructive support <strong>for</strong> US participation<br />

in the ICC, and lay the foundations<br />

<strong>for</strong> an institutional en<strong>for</strong>cement mechanism<br />

<strong>for</strong> the Court.<br />

I. Laying the Foundations <strong>for</strong> Ending<br />

Atrocity Crimes [history]<br />

II. Building Political Support <strong>for</strong> the<br />

International Criminal Court<br />

2.1 Understanding the Common<br />

Threads of R2P and the ICC<br />

The Responsibility to Protect Doctrine is<br />

a moral and ethical imperative that seeks<br />

to end atrocity crimes. While R2P offers<br />

a full range of measures <strong>for</strong> dealing with<br />

crimes against humanity, war crimes, and<br />

genocide, there has been no significant<br />

policy discussion on the punishment and<br />

accountability aspects of R2P. The doctrine<br />

significantly changed expectations<br />

at all levels about what is and is not acceptable<br />

conduct by States, and yet it is<br />

important to recognize that justice and the<br />

rule of law are significant components of<br />

the R2P matrix.<br />

27 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

The United States should strengthen its<br />

relationship with international and hybrid<br />

criminal justice institutions so that it can<br />

cooperate quickly and effectively with<br />

courts and tribunals in preventing mass<br />

atrocities. In particular, the ICC merits<br />

greater support from the United States if<br />

R2P is to be constructively advanced by<br />

the US Government. International consensus<br />

<strong>for</strong> the ICC is still growing, and<br />

the R2P concept can help build this consensus.<br />

As R2P is a mechanism concerned<br />

with prevention, protection, and rebuilding<br />

in situations of wide-spread atrocities,<br />

so too is the ICC focused on deterrence,<br />

hostility, cessation, and reconciliation in<br />

those same kinds of situations. Furthermore,<br />

R2P’s requirement to defer first to<br />

State sovereignty and then act if and when<br />

that State fails to demonstrate good faith<br />

in ending the violence, is also a critical<br />

element of the Rome Statute. By signing<br />

the ICC’s founding Rome Statute, a State<br />

agrees to the principle of complementarity,<br />

in which the ICC assumes jurisdiction<br />

over a case only when the State is unwilling<br />

or unable genuinely to carry out the<br />

investigation or prosecution.<br />

As a new and emerging framework in interstate<br />

relations, R2P is grounded in the<br />

rule of law that builds on the international<br />

legal and judicial systems. It is not, however,<br />

a legal construct that imposes legal<br />

responsibility on States or international<br />

organizations that fail to uphold R2P criteria.<br />

Rather, it shares with the ICC a moral<br />

commitment to ending atrocity crimes.<br />

2.2 Changing US Foreign Policy<br />

Perspectives<br />

The American public is justifiably concerned<br />

about America’s and the international<br />

community’s continued failure to<br />

deal effectively with atrocity situations.<br />

Darfur’s nightmare and the violence in<br />

the Democratic Republic of the Congo,<br />

Uganda, and the Central African Republic<br />

continue. Iraq and Afghanistan remain<br />

hostile and complex and US conduct at<br />

detention centers in Guantánamo, Iraq,<br />

Afghanistan and elsewhere, as well as<br />

the conduct of US contractors [such as]<br />

Blackwater and DynCorp, all point to the<br />

need to re-think US strategies <strong>for</strong> engaging<br />

in and ending wide-scale conflict.<br />

With the US presidential elections approaching,<br />

America is in a moment of serious<br />

political self-reflection. The United<br />

States should seek to re-cast its image<br />

both at home and abroad in order to distance<br />

itself from the perception (however<br />

ill-conceived) that America is the rudderless<br />

(even lawless) superpower and begin<br />

to conduct itself as the leading global<br />

power advancing global interests <strong>for</strong> the<br />

betterment of humankind. This trans<strong>for</strong>mation<br />

would emphasize cooperation,<br />

multilateralism, respect <strong>for</strong> rule of law,<br />

and a concerted ef<strong>for</strong>t to join the fight<br />

against impunity <strong>for</strong> atrocity crimes.<br />

In the aftermath of September 11, 2001,<br />

America’s leaders have seemed determined<br />

to wage a war against terrorism<br />

that leaves the impression, if not the reality,<br />

that the US is prepared to circumvent<br />

international law. A step in the right<br />

direction would be to move away from


this posture of hostility to international<br />

commitments and bring the United States<br />

back inside a pragmatic and yet still principled<br />

framework of international law.<br />

The United States can be a ‘good neighbor’<br />

to the Court even if it does not yet<br />

become a State Party. At a time when respect<br />

in the international community <strong>for</strong><br />

America is at an all-time low, positive<br />

re-engagement with the Court is a winning<br />

proposition <strong>for</strong> the United States.<br />

Through its role on the Security Council,<br />

it can refer, under UN Charter Chapter VII<br />

authority, the cases that it agrees the ICC<br />

should investigate and prosecute, [such]<br />

as the situation in Darfur. The US also can<br />

participate as an observer in the Court’s<br />

oversight body — the Assembly of States<br />

Parties — to influence the Court’s development.<br />

For example, many conferees<br />

strongly believe that America needs to be<br />

at the table in some capacity during discussions<br />

on the crime of aggression.<br />

2.3 Advancing a New Foreign Policy<br />

Agenda<br />

A majority of the American public believes<br />

that the United States should play<br />

an active role in addressing international<br />

issues through multilateral processes.<br />

Moreover, public opinion polls consistently<br />

show strong American support <strong>for</strong><br />

US membership in the ICC. This level<br />

of emotional support is broad but passive,<br />

and an awareness-raising campaign<br />

is needed to turn public opinion into a<br />

driving <strong>for</strong>ce in the political process. A<br />

campaign to build broad-based American<br />

support <strong>for</strong> greater participation in the international<br />

judicial intervention aspects<br />

of R2P, and specifically in the ICC, must<br />

address a wide variety of political, legal<br />

and attitudinal issues. In developing an<br />

in<strong>for</strong>mation campaign strategy, the following<br />

factors should be considered:<br />

• It is essential to get the public message<br />

right, because the costs of poorly devised<br />

and implemented <strong>for</strong>eign and domestic<br />

policies choices will ultimately have to be<br />

borne by the American public. The R2P<br />

and ICC plat<strong>for</strong>m lies on the power of<br />

good argument to convince the public that<br />

a <strong>for</strong>eign policy [that is both] right and …<br />

just is … in their personal interest.<br />

• Digital communication services, such<br />

as e-mail, blogs, and text messaging, are<br />

critical tools <strong>for</strong> advocacy in the 21st century.<br />

In order to respond to these trends,<br />

specific measures should be simple even<br />

in the face of complexities: <strong>for</strong> example,<br />

“war criminals should be brought to justice”<br />

or “justice leads to peace” or “R2P<br />

ends atrocity crimes”.<br />

• When crafting the campaign message,<br />

advocates must capitalize on the dynamic<br />

of “change” taking place in the current<br />

US political environment by communicating<br />

that R2P and the ICC are wholesale<br />

changes in the standard policies and<br />

practices of protecting innocent civilians<br />

and preventing atrocities from occurring.<br />

The message needs to illustrate that the<br />

new way of thinking means a new way<br />

of protecting. The high-level adoption of<br />

R2P in the UN General Assembly’s World<br />

Summit Outcome Document in 2005, <strong>for</strong><br />

instance, was greeted by experts as a<br />

“turning point” that removed “some of<br />

the classic excuses <strong>for</strong> doing nothing”.<br />

• Public endorsements of R2P and the<br />

ICC by key politicians, civil servants, and<br />

government officials are a good way to<br />

increase visibility and recognition with<br />

the American public, especially where the<br />

proponents are well-regarded public figures<br />

with a clear personal commitment to<br />

the norm.<br />

• Getting the public to accept R2P as a<br />

principle is one thing; garnering support<br />

<strong>for</strong> a commitment to greater participation<br />

in the ICC it is quite another. The message<br />

there<strong>for</strong>e must recognize the strength and<br />

the resonance of the key common denominator<br />

— moral argument <strong>for</strong> ending<br />

atrocity crimes. The message must also<br />

clearly convey to the public that adherence<br />

to international justice and the rule<br />

of law are a critical component of R2P<br />

and that the ICC can put those elements<br />

of the doctrine into operation.<br />

2.4 Carrying the New Agenda Forward<br />

There is clear need <strong>for</strong> serious research<br />

and thoughtful policy analysis <strong>for</strong> government<br />

officials, academics, civil society<br />

and others concerned with advancing<br />

the issues of R2P and the ICC, as well as<br />

28 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

broad community dialogue and engagement.<br />

Key US <strong>for</strong>eign policy stakeholders<br />

must be engaged to further an in<strong>for</strong>mation<br />

campaign and help develop strategies to<br />

advance R2P and the ICC nationally and<br />

internationally. The target audience <strong>for</strong><br />

such a campaign should be a broad selection<br />

of the following audiences:<br />

• Engaged Organizations: … [D]edicated<br />

advocates from civil society, government<br />

officials, and international organizations<br />

are actively seeking ways to address<br />

atrocity crimes, and that developing alliance<br />

and intellectual capacity should be a<br />

focus on which to build a national policy<br />

program that advances R2P and the ICC.<br />

A core group of international NGOs in<br />

New York and Washington, DC — AM-<br />

ICC, International Crisis Group, Human<br />

Rights Watch, Human Rights First,<br />

the World Federalist Movement, and the<br />

Stimson Center — are working on ICC<br />

and R2P-related issue areas. At the domestic<br />

level, the R2P Coalition has been<br />

working to convince the American people<br />

and its leaders to embrace the norm of<br />

R2P as a domestic and <strong>for</strong>eign policy priority.<br />

The <strong>Global</strong> Centre <strong>for</strong> the Responsibility<br />

to Protect recently was created by<br />

key supporters from government, NGOs,<br />

and academia to ensure that R2P doctrine<br />

is understood and put into practice by<br />

governments and at the United Nations.<br />

• Special Task Forces: The Genocide Prevention<br />

Task Force, comprised part[ly] of<br />

<strong>for</strong>mer top US officials, seeks to develop<br />

practical recommendations to enhance<br />

the US government’s capacity to respond<br />

to emerging threats of genocide and mass<br />

atrocities.<br />

• New Allies: New civil society allies<br />

should be enlisted to promote R2P and<br />

the ICC, including faith and religious organizations,<br />

student groups, labor unions,<br />

<strong>for</strong>eign affairs institutes, journalists, and<br />

political party institutes.<br />

• Congress: Advocates must develop outreach<br />

strategies at the federal level that<br />

raise awareness of the ICC and assist with<br />

the process of accession to and domestic<br />

implementation of the Rome Statute.<br />

With support of key members of Congress,<br />

several measures can be advanced,<br />

including:


o Launching … hearings in Congress to<br />

support measures <strong>for</strong> a greater understanding<br />

of the work and jurisdiction of<br />

the Court and participation in the ICC;<br />

o Adopting a “sense of Congress” resolution<br />

that puts the federal legislature behind<br />

R2P and the ICC and identifies specific<br />

implementation measures;<br />

o Capitalizing on the progress being made<br />

in Congress to modernize the federal<br />

criminal code through the enactment of<br />

the Genocide Accountability Act of 2007<br />

and with the positive developments of<br />

such key legislation as the Child Soldiers<br />

Accountability Act and the Trafficking in<br />

Persons Accountability Act. Further work<br />

is required in this regard to amend Titles<br />

10 and 18 of the U.S. Code so that the full<br />

range of crimes against humanity and war<br />

crimes can be prosecuted in federal and<br />

military courts without any question as to<br />

the ability of such courts to exercise complete<br />

subject matter jurisdiction over such<br />

international crimes.<br />

• Executive Level: In order to influence<br />

the executive branch, ef<strong>for</strong>ts should focus<br />

on getting R2P and the ICC into the plat<strong>for</strong>ms<br />

of presidential candidates in a very<br />

general manner. A focused discussion on<br />

the issues surrounding greater participation<br />

in the ICC could very likely create<br />

an opportunity <strong>for</strong> some candidates to<br />

inject popular prejudices and false claims<br />

in order to gain power. The better focus<br />

would be to talk about accountability,<br />

ending atrocity crimes and re-establishing<br />

America’s moral leadership in the world<br />

through multilateral initiatives, beginning<br />

with international commitments such as<br />

the Rome Statute of the ICC and the Kyoto<br />

Protocol (and/or successor treaty).<br />

III. The Military Strategy <strong>for</strong> Greater<br />

US Engagement in the ICC<br />

3.1 Justifying U.S. Participation in the<br />

ICC with the Military<br />

American re-engagement with the ICC<br />

would have potential implications in<br />

a number of areas <strong>for</strong> the US military.<br />

These areas include but are not limited to<br />

national security decision making, training,<br />

support roles, and rules of engagement.<br />

While many officials at the Department<br />

of Defense have feared exposing<br />

US military personnel and officials to the<br />

jurisdiction of the ICC, multiple possible<br />

avenues <strong>for</strong> moving beyond the current<br />

thinking within military circles to a more<br />

constructive engagement with the ICC<br />

exist and should be explored further.<br />

The current US political leadership has<br />

been the driving <strong>for</strong>ce behind military<br />

opposition to the ICC. Building a consensus<br />

on ICC-supportive positions within<br />

the military will facilitate the process of<br />

advancing the merits of ICC-related policies<br />

at the federal and executive levels of<br />

government. To achieve this consensus,<br />

the military community must recognize<br />

that the ICC is now a reality and, rather<br />

than acting to undermine the work of the<br />

ICC, the United States can advance national<br />

interests (and the interests of US<br />

military personnel) by joining the Court<br />

and helping it fulfill its stated purpose —<br />

prosecuting individuals who commit the<br />

most egregious international crimes. Critics<br />

must also realize that under international<br />

law, military officials can already<br />

be prosecuted by any country, wherever<br />

they are captured (unless a Status of Forces<br />

Agreement requires or permits US en<strong>for</strong>cement);<br />

thus, the jurisdictional reach<br />

of the ICC should appear less <strong>for</strong>eboding<br />

and uniquely omnipotent. Also, under one<br />

reading of the Rome Statute there remains<br />

the risk that it theoretically would be possible<br />

<strong>for</strong> a US national to be prosecuted<br />

be<strong>for</strong>e the ICC while the United States<br />

is a non-party State to the Rome Statute<br />

if he or she is an alleged perpetrator of a<br />

crime falling within the jurisdiction of the<br />

ICC and such crime occurs on the territory<br />

of a State Party to the ICC.<br />

3.2 Defining the Issues – Making<br />

the ICC a National Interest Issue<br />

29 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

Many within the military community believe<br />

that the ICC cannot assist the United<br />

States in addressing a strategic military<br />

problem or meeting US military goals.<br />

There<strong>for</strong>e, the most effective way to enhance<br />

military confidence in the ICC is by<br />

educating troops, military experts, and individuals<br />

within the military justice community<br />

on what the ICC was established<br />

to do and how it works on an operational<br />

level. The ICC’s complementarity provisions<br />

provide an opportunity <strong>for</strong> demanding<br />

that US authorities — not the ICC —<br />

have the opportunity to investigate and<br />

prosecute alleged crimes committed by<br />

American military personnel. Moreover,<br />

by making the necessary changes to US<br />

law, America demonstrates to its skeptics<br />

that it can and will investigate and<br />

prosecute such allegations. Securing international<br />

support is increasingly important<br />

<strong>for</strong> advancing US security interests.<br />

America’s ability to maintain its place as<br />

a credible and effective leader in the 21st<br />

century hinges in no small measure on its<br />

willingness to lead with and through other<br />

nations. Consequently, US military power<br />

is more effectively employed when its actions<br />

are endorsed as consistent with international<br />

norms and when US <strong>for</strong>ces act<br />

in coalition and in conjunction with other<br />

nations and international institutions.<br />

There<strong>for</strong>e, it is in this broader context that<br />

the current military objections toward the<br />

ICC should be reconsidered.<br />

The current Administration’s position to<br />

require full exemption from the ICC’s jurisdiction<br />

<strong>for</strong> officials, agents, and citizens<br />

of the United States and of other governments<br />

as long as they are not party to the<br />

Rome Statute contravenes basic axioms<br />

of fairness and reciprocity. The Rome<br />

Statute imposes important checks and<br />

restrictions on its own behavior. These<br />

include the provision of complementarity,<br />

which provides <strong>for</strong> repeated opportunities<br />

<strong>for</strong> the State of primary jurisdiction to<br />

preempt and challenge ICC proceedings,<br />

and enhanced due process protections <strong>for</strong><br />

the accused. The most important restraint<br />

on the power of the ICC is the principle<br />

of reciprocity itself. Any State that joins<br />

the ICC, and thereby shapes its direction<br />

through the selection of judges and prosecutors,<br />

understands that it makes its own<br />

citizens and leaders subject to the Court’s<br />

prosecution. Member States of the ICC<br />

understand that unscrupulous procedures<br />

which they may tolerate in the treatment<br />

of other countries’ citizens become precedents<br />

that may end up being used against<br />

their own citizens.<br />

3.3 Gradually Engaging the Military<br />

As the work of the ICC moves <strong>for</strong>ward<br />

and as US armed <strong>for</strong>ces operate in diffi-


cult places such as Afghanistan and Iraq<br />

where insurgents do not necessarily heed<br />

international humanitarian law or the laws<br />

of war, the US military must better understand<br />

how it can relate to the ICC. Many<br />

from the senior leadership and from lower<br />

ranks of the military have only a rudimentary<br />

understanding of how the ICC is designed<br />

to operate. Even within the legal<br />

and educational communities, knowledge<br />

about the ICC is scant and basic. A gradual<br />

engagement program is needed to ensure<br />

that concepts of the ICC are being taught<br />

and that a general attitudinal com<strong>for</strong>t with<br />

the Court emerges.<br />

The US military is a well-defined, hierarchical<br />

structure; decision-making is rigid<br />

and leader-oriented. Because most of the<br />

major decisions are taken at the highest<br />

levels of command and then transmitted<br />

down to the lower levels, leaders must be<br />

convinced that participation with the ICC<br />

is not anathema to US interests. The arguments<br />

that previously have been offered<br />

to US military personnel generally have<br />

not addressed issues that directly concern<br />

military leaders. A clear strategic argument<br />

that reduces the fear and anxiety of<br />

American military leadership and provides<br />

an obvious service internationally<br />

is needed. A better understanding must<br />

be articulated about the real vulnerabilities<br />

that the military might face be<strong>for</strong>e the<br />

ICC and how compliance with US laws,<br />

including the Uni<strong>for</strong>m Code of Military<br />

Justice, and conduct consistent with rules<br />

of engagement in any particular conflict<br />

would address their concerns about being<br />

exposed to the jurisdiction of international<br />

courts such as the ICC.<br />

More in<strong>for</strong>mation is also needed during<br />

lower-level troop training. War college<br />

curriculums must integrate more detail<br />

about the ICC, and larger parts of lectures<br />

on the laws of war and international<br />

humanitarian law must be devoted to<br />

the ICC. To further a military education<br />

ef<strong>for</strong>t, an ‘educational tool kit’ should<br />

be developed to shape the training that<br />

troops receive. Such a tool kit would be<br />

offered to Judge Advocate General (JAG)<br />

schools, war colleges and officials responsible<br />

<strong>for</strong> training programs in the Department<br />

of Defense with the goal of building<br />

a broader and uni<strong>for</strong>m understanding of<br />

the work of the ICC and its limitations.<br />

Individuals within the JAG community,<br />

professors, and <strong>for</strong>mer officers that have<br />

expertise in the ICC should be resources<br />

<strong>for</strong> developing educational materials.<br />

An independent, high-level panel should<br />

be established to more evaluate the military<br />

concerns with the ICC and how the<br />

United States should proceed in light of<br />

these concerns. This panel should have a<br />

mandate to recommend how the United<br />

States should relate to the ICC and what<br />

role it should play in advancing the work<br />

of the Court.<br />

IV. The Political and Military Strategy<br />

<strong>for</strong> Development of an<br />

International Marshals Service<br />

4.1 The Problems of En<strong>for</strong>cing ICC<br />

Judgments<br />

The current ICC investigations underway<br />

have highlighted a number of difficulties<br />

faced by the Prosecutor, Luis Moreno Ocampo,<br />

and his staff. The greatest problem<br />

<strong>for</strong> the ICC currently is how to ensure the<br />

arrest and surrender of individuals sought<br />

by the Court. The difficulties faced by<br />

the Office of the Prosecutor (OTP) are<br />

immense and real. OTP staff must arrest<br />

criminals in the context of ongoing conflict<br />

or seek fugitives who enjoy sanctuary<br />

in vast wilderness terrain, enjoy the<br />

protection of armies or militias, or are<br />

shielded by members of governments<br />

complicit in the conflict.<br />

The credibility of international humanitarian<br />

law demands that the ICC hold<br />

accountable those responsible <strong>for</strong> committing<br />

atrocity crimes. The ICC, as currently<br />

conceived, lacks a standing mechanism<br />

dedicated to ensuring compliance<br />

with its judgments. Rather, it relies on the<br />

governments in the countries in which it<br />

is investigating to provide <strong>for</strong> the en<strong>for</strong>cement<br />

assistance it needs, which includes<br />

protecting its investigators and witnesses,<br />

collecting evidence, and arresting suspects.<br />

When State compliance fails, the<br />

ICC requires support from the international<br />

community and Security Council.<br />

As we have witnessed during the ICC investigations<br />

in Uganda, the DRC, and the<br />

30 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

Darfur region of Sudan, states have failed<br />

to meet their international obligations to<br />

search <strong>for</strong> and arrest war criminals in the<br />

context of crimes within the jurisdiction<br />

of the ICC. Some kind of mechanism<br />

should be available to facilitate government<br />

cooperation to ensure that the ICC<br />

can <strong>for</strong>ge ahead in the pursuit of justice.<br />

Conferees undertook a serious examination<br />

of issues that would arise in developing<br />

such a mechanism. In creating an<br />

international framework akin to an International<br />

Marshals Service, the following<br />

factors were considered ~<br />

State Responsibility Principles to Arrest<br />

and Handover - Determining procedurally<br />

what must be considered <strong>for</strong> the<br />

arrest or surrender of a fugitive does not<br />

have to be a complex exercise. Principles<br />

of international cooperation in detecting,<br />

arresting, extraditing, and punishing<br />

of persons guilty of atrocity crimes exist<br />

that can aid in understanding the rules and<br />

modalities of the arrest and surrender of<br />

fugitives. These include the principles defined<br />

in the Nuremberg Charter, Universal<br />

Declaration of Human Rights, UN Charter,<br />

Geneva Conventions, Rome Statute,<br />

and the various ad hoc tribunal statutes.<br />

Entities that can effect an arrest - When<br />

it comes to wide-spread atrocity crimes,<br />

the ICC is virtually the last resource between<br />

accountability and impunity. There<br />

should be no safe haven <strong>for</strong> fugitives of<br />

justice, especially when those criminals<br />

are masterminds of the world’s worst<br />

crimes. To ensure that the ICC meets its<br />

moral duty within the international criminal<br />

law system, the complex challenge of<br />

en<strong>for</strong>cing the law can be surmounted. A<br />

variety of institutional possibilities currently<br />

exist that can serve <strong>for</strong> determining<br />

an appropriate kind of ICC police <strong>for</strong>ce<br />

or International Marshals Service. These<br />

entities have some level of knowledge<br />

and expertise in effecting arrests and apprehending<br />

criminals.<br />

On the military front, the international<br />

community can look to domestic military<br />

and law en<strong>for</strong>cement <strong>for</strong>ces, regional<br />

models like NATO and the African Union,<br />

and international operations such as UN<br />

peacekeeping missions. To gather the<br />

necessary political support <strong>for</strong> a <strong>for</strong>mal


means of en<strong>for</strong>cement, policymakers, advocates,<br />

and government officials should<br />

consult with members of the UN Security<br />

Council, the Member States of the ICC,<br />

INTERPOL, and regional organizations<br />

that have a security mandate or an obvious<br />

political interest in the conflict.<br />

Challenges Ahead - To function effectively,<br />

international courts such as<br />

the ICC, the International Criminal Tribunals<br />

<strong>for</strong> the Former Yugoslavia and<br />

Rwanda, and the Special Court <strong>for</strong> Sierra<br />

Leone rely primarily upon States’ and<br />

other stakeholders’ readiness to cooperate.<br />

Yet the international community has<br />

witnessed States failing to meet their international<br />

legal obligations to take the<br />

necessary measures to cooperate in the<br />

detection, arrest, and extradition of persons<br />

suspected of crimes that fall within<br />

the jurisdiction of these courts. It is highly<br />

likely there<strong>for</strong>e that the negotiation and<br />

approval of potential substantive and procedural<br />

mechanisms that might influence<br />

States to give effect to their international<br />

obligations will also encounter a number<br />

of challenges in many State capitals.<br />

The international community increasingly<br />

is endorsing the practice of cooperation<br />

through incentive, particularly when the<br />

benefits of entering or complying with<br />

an international agreement have to be<br />

weighed against higher perceived costs.<br />

Depending upon the institutional arrangement<br />

envisioned, States will have to perceive<br />

that the benefits outweigh the costs<br />

and that the option of simply neglecting to<br />

en<strong>for</strong>ce the rule of law is not available. To<br />

accomplish this goal, the chosen mechanism<br />

could create incentives <strong>for</strong> governments<br />

to en<strong>for</strong>ce the rule of law, create<br />

political costs <strong>for</strong> their failure to do so, or<br />

minimize the role of political externalities<br />

in an en<strong>for</strong>cement process. Furthermore,<br />

an en<strong>for</strong>cement mechanism must overcome<br />

governmental inaction caused by a<br />

lack of political will and resolve.<br />

Another challenge <strong>for</strong> the creation of an<br />

en<strong>for</strong>cement mechanism <strong>for</strong> the ICC concerns<br />

the issue of consent. In the territory<br />

of one State, the general rule is that a second<br />

State or entity cannot take en<strong>for</strong>cement<br />

measures, that is, it cannot search<br />

<strong>for</strong> and arrest suspected war criminals,<br />

without the consent of the territorial State.<br />

The exercise of criminal jurisdiction by<br />

one State within the sovereign territory<br />

of another State is a highly controversial<br />

issue in international law. The arrest and<br />

trial of a person suspected of an atrocity<br />

crime who is in a State that fails to either<br />

prosecute or extradite, there<strong>for</strong>e, poses<br />

especially difficult problems because that<br />

State is likely not going to consent to en<strong>for</strong>cement<br />

measures by an international<br />

or regional legal body.<br />

Any international police <strong>for</strong>ce or marshals<br />

service will also have to determine a process<br />

<strong>for</strong> intelligence-sharing with States<br />

involved in the ICC’s investigations. In<br />

many instances during the course of ICC<br />

investigations in Uganda and the DRC,<br />

OTP staff have relied on States’ cooperation<br />

to provide intelligence vital to investigations<br />

that ultimately was not <strong>for</strong>thcoming.<br />

There<strong>for</strong>e an intensified focus on<br />

cooperation <strong>for</strong> an International Marshals<br />

Service in the collection and exchange of<br />

in<strong>for</strong>mation will contribute to the detection,<br />

arrest, extradition, trial and punishment<br />

of persons guilty of war crimes and<br />

crimes against humanity. An en<strong>for</strong>cement<br />

mechanism also will be tasked with providing<br />

assistance in non-permissive environments,<br />

either because the territorial<br />

State does not give consent or the Court’s<br />

investigations will be underway during<br />

complex humanitarian emergencies.<br />

4.2 Schemes <strong>for</strong> ICC En<strong>for</strong>cement<br />

The International Criminal Court’s …<br />

practice already testifies to the limitations<br />

it faces because it lacks a mechanism that<br />

will induce compliance. A variety of compliance<br />

mechanisms were considered during<br />

this conference. Conferees discussed<br />

what the implications would be if the status<br />

quo remained, if the capacity to arrest<br />

w[ere] en<strong>for</strong>ced under UN Security Council<br />

Chapter VII authority; if a regional alliance<br />

or organization like NATO or the<br />

African Union would provide a feasible<br />

solution, or if a purely international marshals<br />

service, functioning in the same capacity<br />

as the US Marshals Service, would<br />

most effectively serve the ICC. Also under<br />

consideration was a permanent or ad hoc<br />

task <strong>for</strong>ce expert on a range of technical,<br />

procedural and legal matters that would<br />

31 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

provide assets necessary to intervene and<br />

deal with situation, permissively or nonpermissively.<br />

Finally, the group identified<br />

and discussed other possible mechanisms<br />

such as reward systems, sealed indictments,<br />

and States that would commit in<br />

advance to an en<strong>for</strong>cement regime. …<br />

V. Next Steps and Conclusion<br />

Several steps, outlined in this report, still<br />

need to be taken to complete the strategy<br />

<strong>for</strong> engaging the American public, its<br />

leadership, and US military personnel on<br />

R2P and the ICC. Specific tasks <strong>for</strong> refining<br />

the strategy include ~<br />

Political Issues on ICC and R2P<br />

• Develop serious research and thoughtful<br />

policy analysis <strong>for</strong> government officials,<br />

academics, civil society, and others concerned<br />

with advancing the issues of R2P<br />

and the ICC, and engage in broad community<br />

dialogue.<br />

• Design an advocacy campaign to build<br />

broad-based American support <strong>for</strong> greater<br />

participation in the international judicial<br />

intervention aspects of R2P, and specifically<br />

in the ICC. The message needs to<br />

illustrate that the new way of thinking<br />

means a new way of protecting.<br />

• Identify the measures needed within the<br />

United States to prevent the commission<br />

of atrocity crimes against civilian populations.<br />

These measures include determining<br />

ratification, implementation, and<br />

compliance with relevant international<br />

legal instruments, including the Rome<br />

Statute.<br />

• Advocate that the USA in some way<br />

must participate in the anticipated 2010<br />

Review Conference of the Rome Statute,<br />

and in particular in the Special Working<br />

Group on the Crime of Aggression.<br />

Addressing Military Concerns<br />

• Develop a gradual engagement program<br />

with US military personnel to ensure that<br />

ICC concepts are understood.<br />

• Focus education strategies initially on<br />

high-level commanders. These strategies


must provide a better understanding of<br />

what are the real vulnerabilities that the<br />

military might face in being brought be<strong>for</strong>e<br />

the ICC and how compliance with<br />

US laws may address their concerns about<br />

being subject to international courts such<br />

as the ICC.<br />

• Evaluate the secondary effects of US<br />

non-party status and any sustained push<br />

<strong>for</strong> Article 98(2) agreements world-wide<br />

and identify adverse ramifications in areas<br />

vital to US national interests and in<br />

America’s ability to conduct military operations.<br />

Creating an ICC En<strong>for</strong>cement<br />

Mechanism<br />

• Consider the following aspects in the<br />

development of an international framework<br />

akin to an International Marshals<br />

Service:<br />

1) State responsibility principles<br />

to arrest and handover;<br />

2) entities that can effect an arrest;<br />

and<br />

3) challenges ahead (cost vs. benefits,<br />

political will, State consent,<br />

intelligence sharing, nonpermissive<br />

environments and<br />

US engagement).<br />

• The recommended approach <strong>for</strong> the<br />

problem of en<strong>for</strong>cement <strong>for</strong> the ICC is a<br />

specialized international task <strong>for</strong>ce either<br />

standing or ad hoc, composed of military<br />

and law en<strong>for</strong>cement personnel from<br />

States, including those party to the Rome<br />

Statute and perhaps non-party States. The<br />

task <strong>for</strong>ce would trade expertise on arrest<br />

means and explore which State(s) might<br />

have the interest, capability, and political<br />

will to assist in effectuating arrest of particular<br />

indicted fugitives in accordance<br />

with the procedures established by the<br />

task <strong>for</strong>ce.<br />

The December 2007 conference on “The<br />

Responsibility to Protect and the International<br />

Criminal Court: America’s New<br />

Priorities” focused on how R2P can be<br />

advanced with greater American participation<br />

in the ICC. The conference also<br />

examined the development of an international<br />

framework to empower the ICC<br />

with a mechanism to en<strong>for</strong>ce its judgments,<br />

namely an International Marshals<br />

Service or a special task <strong>for</strong>ce serving the<br />

similar objective of achieving arrest of indicted<br />

fugitives of the ICC.<br />

The conference achieved its objectives in<br />

addressing these issues. Its most visible<br />

contribution lies in this report: a strategy<br />

<strong>for</strong> engaging the America public, its leadership,<br />

and the military community on the<br />

criticality of the ICC in the overall R2P<br />

challenge, and how to begin to devise an<br />

en<strong>for</strong>cement mechanism <strong>for</strong> the ICC. The<br />

emerging strategy needs to be completed<br />

and refined, building on past successful<br />

outreach ef<strong>for</strong>ts, so that current ef<strong>for</strong>ts to<br />

bring the ICC into American public, political,<br />

and military discourse are further<br />

strengthened. The conferees “activated”<br />

the judicial arm of R2P with pragmatic<br />

and effective proposals <strong>for</strong> US engagement<br />

with the ICC, but much more work<br />

is required to realize this initial achievement.<br />

Conferees expressed the hope that<br />

they could be reconvened <strong>for</strong> future meetings<br />

to continue the ef<strong>for</strong>t. The Center <strong>for</strong><br />

International Human Rights at Northwestern<br />

University School of Law and the<br />

Responsibility to Protect Coalition intend<br />

to follow through with further working<br />

sessions.<br />

When we talk of intervention, people<br />

think of the military. But under R2P,<br />

<strong>for</strong>ce is a last resort. Political and diplomatic<br />

intervention is the first mechanism.<br />

And I think we’ve seen a successful<br />

example of its application [in Kenya].<br />

- Kofi Annan,<br />

March <strong>2008</strong><br />

But there is still a big distance to go<br />

be<strong>for</strong>e we can be com<strong>for</strong>table that<br />

emerging R2P situations will be understood<br />

as such; that there will be a reflex<br />

international response – both among<br />

governments and publics – supportive<br />

of the need to respond appropriately,<br />

both preventively be<strong>for</strong>e the event and<br />

reactively after it, even when no national<br />

interests can be directly called in aid;<br />

and that the necessary policy tools and<br />

mechanisms will be in place, able and<br />

ready to be quickly mobilised.<br />

- Gareth Evans<br />

<strong>32</strong> • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


This letter in support of establishing a<br />

United Nations Emergency Peace Service<br />

(UNEPS) was sent to Members of<br />

the US Congress on 3 December 2007.<br />

For more in<strong>for</strong>mation:<br />

<br />

The letter was signed by:<br />

3D Security Initiative<br />

American Public Health Association<br />

Americans <strong>for</strong> Democratic Action, Inc (ADA)<br />

Americans <strong>for</strong> In<strong>for</strong>med Democracy<br />

Amnesty International USA<br />

Better World Campaign<br />

Center <strong>for</strong> American Progress<br />

Center <strong>for</strong> International Policy<br />

Center <strong>for</strong> War/Peace Studies<br />

Centre <strong>for</strong> Development of International Law<br />

Church Women United<br />

<strong>Citizens</strong> <strong>for</strong> <strong>Global</strong> <strong>Solutions</strong><br />

Civitatis International<br />

CivWorld<br />

COLEAD<br />

Community of Christ<br />

Council <strong>for</strong> a Livable World<br />

Democracy Coalition Project<br />

Earth Action<br />

ENOUGH<br />

Evangelical Lutheran Church in America<br />

Foreign Policy in Focus<br />

Fund <strong>for</strong> Peace<br />

Genocide Intervention Network<br />

<strong>Global</strong> Action to Prevent War<br />

<strong>Global</strong> Associates <strong>for</strong> Health Development<br />

<strong>Global</strong> Exchange<br />

<strong>Global</strong> Ministries of the Christian Church<br />

& United Church of Christ<br />

<strong>Global</strong> Security Institute<br />

Human Rights First<br />

Human Rights Watch<br />

International Crisis Group<br />

International Rescue Committee<br />

Lawyers’ Committee on Nuclear Policy<br />

Maryknoll <strong>Global</strong> Concerns<br />

NAACP<br />

National Association of Social Workers<br />

National Peace Corps Association<br />

National Priorities Project<br />

NETWORK: A Catholic Social Justice Lobby<br />

Nuclear Age Peace Foundation<br />

Peace Action<br />

Physicians <strong>for</strong> Human Rights<br />

Presbyterian Church, (USA) - Washington<br />

Rainbow/PUSH Coalition<br />

Refugees International<br />

Save Darfur<br />

Union of Concerned Scientists<br />

Unitarian Universalist Association<br />

of Congregations<br />

United Church of Christ, Justice & Witness Ministries<br />

United Methodist Church, General Board<br />

of Church & Society<br />

United Nations Association of the USA<br />

Universal Human Rights Network<br />

Women’s Action <strong>for</strong> New Directions<br />

United Nations Emergency Peace Service<br />

We, the undersigned organizations, write in support of H. Res. 213, the resolution<br />

calling <strong>for</strong> the establishment of a United Nations Emergency Peace Service (UNEPS)<br />

capable of intervening in the early stages of crimes against humanity or other humanitarian<br />

crises. We urge you to co-sponsor and work <strong>for</strong> passage of the resolution with its<br />

champions, Representatives Albert Wynn (D-MD) and James Walsh (R-NY).<br />

In recent years, the international community has been increasingly called upon to respond<br />

rapidly and effectively to emerging crises, yet lacks the tools to consistently<br />

answer this call. We believe the time has come <strong>for</strong> a permanent emergency response<br />

service, designed to complement the capacity of the United Nations to provide stability,<br />

peace, and relief in deadly emergencies.<br />

As envisioned, UNEPS would individually recruit, train and employ 12,000–18,000<br />

personnel with a wide range of skills, including civilian police, military, judicial experts<br />

and relief professionals. This ensures that missions would not fail due to a lack of<br />

skills, equipment, cohesiveness, experience in resolving conflicts, or gender, national<br />

or religious imbalance. The Service could have special expertise in peacekeeping, conflict<br />

resolution, environmental crisis response and emergency medical relief. Upon Security<br />

Council authorization, UNEPS would be immediately available to respond to a<br />

crisis, with first in–first out capabilities.<br />

By intervening in the early stages of urgent situations, UNEPS could help prevent their<br />

escalation into national or regional disasters. It is a tool that the international community<br />

desperately needs in order to fulfill its “responsibility to protect.” Last spring,<br />

Chad’s government requested a U.N. deployment of peacekeepers to slow the spillover<br />

of violence from Darfur. However, while the U.N. struggled to prepare the mission,<br />

Chad’s government backed away from the request.<br />

UNEPS would also help to create a climate of stability so that confidence building<br />

measures can take place. For example, on July 31, 2007 the United Nations Security<br />

Council unanimously authorized the deployment of an African Union–U.N. hybrid<br />

peacekeeping <strong>for</strong>ce (UNAMID). Un<strong>for</strong>tunately, reports indicate the UNAMID will not<br />

be fully operational until well after its December 31, 2007 deadline. If UNEPS were<br />

currently in existence, peacekeepers could have been on their way in days rather than<br />

months after the agreement, bringing greater stability to the region and perhaps <strong>for</strong>estalling<br />

a change of heart in Khartoum.<br />

The job of building support and raising funds <strong>for</strong> each new U.N. peacekeeping mission<br />

has been compared to that of a volunteer fire chief who is <strong>for</strong>ced to raise funds, find<br />

volunteers and secure a fire truck <strong>for</strong> each new fire. The U.N.’s goals <strong>for</strong> “rapid deployment”<br />

are 30 days <strong>for</strong> a “traditional” peacekeeping mission (where all parties agree to<br />

allow in peacekeepers) and 90 days <strong>for</strong> “complex” missions (where spoilers attempt to<br />

derail a peace agreement). Un<strong>for</strong>tunately the U.N. usually lacks the resources to meet<br />

these modest goals and will to need set the bar much higher to make an appreciable<br />

difference to the civilians caught in the crossfire of today’s conflicts.<br />

A United Nations Emergency Peace Service could save millions of lives and billions<br />

of dollars, prevent small conflicts from growing into full-scale wars, and keep fragile<br />

states from becoming failed states. It will also reduce the need to expend U.S. lives and<br />

resources while effectively allowing others to share the burden. More than two-thirds<br />

of the American public supports the U.N. having this capacity. We urge your serious<br />

consideration of this important proposal and hope you will join us in support of H.<br />

Res. 213.<br />

33 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


International Justice and the<br />

Challenge of En<strong>for</strong>cement<br />

Fatou Bensouda<br />

The Honorable Mrs Fatou Bensouda,<br />

Deputy Prosecutor of the International<br />

Criminal Court, made these remarks in a<br />

workshop at the 26 April <strong>2008</strong> Annual<br />

General Meeting of Amnesty International<br />

USA. The unofficial transcript,<br />

provided to <strong>Minerva</strong> by AIUSA, has<br />

been edited lightly.<br />

Sixty years ago, we all remember that, with the Nuremberg trials, those who committed<br />

mass atrocities were held accountable be<strong>for</strong>e the international community. Nuremberg<br />

was a landmark, but the world un<strong>for</strong>tunately was not yet ready to trans<strong>for</strong>m this<br />

landmark into a lasting institution. In the end, the world would wait <strong>for</strong> almost a half<br />

century, in which we would see genocide again being committed — genocide committed<br />

in Yugoslavia and genocide committed in Rwanda — be<strong>for</strong>e the … UN Security<br />

Council created the International Criminal Tribunal <strong>for</strong> Yugoslavia (ICTY) and the<br />

International Criminal Tribunal <strong>for</strong> Rwanda (ICTR), thus again connecting peace with<br />

international justice. The contribution of the ad hoc tribunals, however, is yet to be<br />

fully recognized and measured. They have developed the law; they have prosecuted the<br />

worst perpetrators — some were generals, some were members of the government; and<br />

they have in their own way, albeit maybe a limited way, contributed to restoring lasting<br />

peace to these conflict-torn regions.<br />

The ad hoc tribunals of Rwanda and <strong>for</strong>mer Yugoslavia have paved the way <strong>for</strong> establishment<br />

of a permanent, international court, the International Criminal Court (ICC).<br />

What we should, I think, recall here is that, <strong>for</strong> centuries, conflicts have been resolved<br />

through negotiations. We used to negotiate without legal constraints. In Rome, in 1998,<br />

a new and entirely different approach was taken by the international community. The<br />

international community decided that lasting peace requires justice. This was the position<br />

that was taken in Rome by 120 states. The states in Rome committed to ending<br />

the impunity <strong>for</strong> the most serious crimes of concern <strong>for</strong> the international community<br />

and they committed to contribute to the prevention of such crimes from happening<br />

again. These states created the International Criminal Court and gave it jurisdiction to<br />

try genocide, war crimes and crimes against humanity. We see here that international<br />

justice in 1998 was no longer – is no longer – a moment in history; it is neither an<br />

ad hoc or post-conflict solution. It has become an institution. This is what happened.<br />

What was created in Rome was more than a court. It is a comprehensive and global<br />

international criminal justice system. […]<br />

(Photo courtesy of Amnesty International)<br />

For more in<strong>for</strong>mation about AIUSA’s<br />

international justice work, please watch<br />

Justice Without Borders, AIUSA’s documentary<br />

film released in late 2007. One<br />

may watch the film online, take related<br />

action, and sign up to host a local screening<br />

at .<br />

Substantial law has now been codified in one detailed text. The content of different<br />

international conventions such as the Genocide Convention [and] the Geneva Convention<br />

& its Protocols has been incorporated into the Rome Statute. We have elements of<br />

crimes that have now been meticulously defined and built on the experience of the ad<br />

hoc tribunals. … The definitions of sexual violence have been further elaborated in the<br />

Rome Statute. Special emphasis has been placed on crimes against children.<br />

Another example I can give you <strong>for</strong> why I said that we have created a comprehensive<br />

global system is that different legal and prosecutorial traditions have been integrated<br />

into a new international model. Victims have been given the right to participate in the<br />

proceedings. This is happening <strong>for</strong> the first time at the international level. The voices<br />

of the victims and their interests have been <strong>for</strong>mally included in different stages of the<br />

proceedings. A Trust Fund … <strong>for</strong> the reparation and the compensation of victims … has<br />

been created in parallel with the International Criminal Court.<br />

Another example is that the scope of the ICC jurisdiction now reaches beyond national<br />

or even regional boundaries. The predecessors to the ICC, the ICTY and the ICTR<br />

and the Special Court of Sierra Leone, were limited in scope to particular territory<br />

or jurisdiction. The ICC is worldwide. It is a worldwide criminal justice system. Our<br />

34 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


jurisdiction will extend over crimes that<br />

are committed over the territory or by the<br />

nationals of over 100 states parties. I can<br />

even say that it would extend to the entire<br />

world because the UN Security Council<br />

can refer a case anywhere in the world to<br />

the International Criminal Court.<br />

But even more important was the decision<br />

by states to give the Prosecutor the ability<br />

to trigger the jurisdiction of the Court.<br />

Certain provisions allow the Court to act<br />

without an additional trigger, meaning the<br />

Prosecutor does not have to wait <strong>for</strong> the<br />

states to refer a case to him, neither does<br />

he have to wait <strong>for</strong> the UN Security Council<br />

to refer a case to him, but the Prosecutor<br />

on his own, where the Court has<br />

subject matter jurisdiction, can move in,<br />

collect in<strong>for</strong>mation and try the case. Why<br />

this is important is that if the Prosecutor<br />

uses this power, it is purely a judicial decision<br />

by the Prosecutor; not by the state;<br />

not by the UN Security Council. This is<br />

the first time that an international tribunal<br />

is able to do that. This is why I think this<br />

is a very defining provision <strong>for</strong> the new<br />

legal framework that we have created <strong>for</strong><br />

ourselves.<br />

Let me again emphasize that the Rome<br />

Treaty was not defined or drafted overnight.<br />

I think that the Rome Statute is a<br />

strong and consistent body of law. The<br />

drafters of the Rome Statute were very<br />

well aware [that] justice in the context of<br />

conflict or peace negotiation would definitely<br />

present difficulties, and they have<br />

prepared the institution well to meet these<br />

challenges. They have made very careful<br />

decisions. For instance, there is a very high<br />

threshold of gravity <strong>for</strong> the jurisdiction of<br />

the Court [where its] jurisdiction was established.<br />

They have created a system of<br />

complementarity which was designed so<br />

that the Court would intervene as a court<br />

of last resort, in that when a state where<br />

the Court has jurisdiction is not able or is<br />

not willing to take action, then the Court<br />

can take action. Again, this is why I said<br />

that a very comprehensive international<br />

criminal justice system was created; it<br />

is not just the Court that we are talking<br />

about. States, I think, have demonstrated<br />

their understanding and have given very<br />

firm support of the Court by the tremendous<br />

speed in which the ICC was ratified.<br />

Within four years … the Rome Statute entered<br />

into <strong>for</strong>ce. For international treaties,<br />

I think this is a precedent.<br />

It is the law. It is the new law. The issue<br />

now that we have is no longer whether we<br />

disagree or we agree with the pursuit of<br />

justice in moral or even in practical terms.<br />

The ICC, the Court, is the law.<br />

In the last 5 years, we have opened investigations,<br />

four investigations in fact. This<br />

is in the Democratic Republic of Congo<br />

(DRC), in Northern Uganda, in Darfur in<br />

the Sudan and in the Central African Republic<br />

(CAR). All of these countries un<strong>for</strong>tunately<br />

are still engulfed in conflicts<br />

of various degrees. We have also analyzed<br />

the situation in Venezuela and we have<br />

analyzed the activities of nationals of 25<br />

states parties that are involved in Iraq. We<br />

are currently monitoring … situations on<br />

three different continents, including Colombia,<br />

Afghanistan, Kenya and in Côte<br />

d’Ivoire in West Africa. In all of these<br />

cases, we have collected evidence and the<br />

Court has protected the witnesses and victims,<br />

and the victims have started participating<br />

in the proceedings. As of today, …<br />

the judges of the International Criminal<br />

Court have issued ten arrest warrants.<br />

After five years, the Rome System is in<br />

motion. It has become an operational tool<br />

to end impunity <strong>for</strong> the crimes that are<br />

committed in violent conflicts all around<br />

the world. The challenge now is how the<br />

decisions of the International Criminal<br />

Court will be implemented by the politicians,<br />

the international community. This<br />

is the challenge that we face. The Prosecutor<br />

often surprises diplomats in The<br />

Hague and in New York and elsewhere<br />

by telling them that the law and international<br />

justice is not just <strong>for</strong> the judges. It<br />

is also not just <strong>for</strong> the prosecutors and the<br />

defense counsel. This is also the law <strong>for</strong><br />

political leaders, military and even the<br />

negotiators. This is the law. We’re saying<br />

that because it is only with their full<br />

commitment that we really can all work<br />

together to prevent the crimes and especially<br />

to consolidate the judicial ef<strong>for</strong>ts<br />

that we are doing now.<br />

35 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

We the Prosecutors, we the lawyers, will<br />

do our part, but we will do it in the courtroom.<br />

It is the political leaders who have<br />

the responsibility to ensure that the law<br />

will be respected by all actors. That is<br />

important. They have a responsibility, I<br />

think, to actively and consistently support<br />

and en<strong>for</strong>ce the decisions of the Court.<br />

The law cannot adjust to political needs;<br />

it is not possible. Others have to adjust. It<br />

is the challenge that we face to show that<br />

we are consistent, especially in the commitment<br />

that we have all made in Rome to<br />

end impunity <strong>for</strong> the massive crimes that<br />

are being committed.<br />

The Prosecutor and we at the Court have<br />

a judicial mandate. The role that we have<br />

is to prosecute those who bear the greatest<br />

responsibility <strong>for</strong> the most serious crimes<br />

where, as I said, based on complementarity,<br />

the national authorities are either<br />

failing to act or are failing to act genuinely,<br />

as we know of sham proceedings<br />

— this is something that can happen. The<br />

aim of our Office is to contribute to the<br />

prevention of such crimes by ending impunity,<br />

by strengthening the rule of law,<br />

especially by highlighting the sufferings<br />

of the victims, and by marginalizing the<br />

most violent leaders that we have today.<br />

What we do, we do in the courtroom and<br />

in the field. But as I said, other actors<br />

have to adjust. What we have to stop doing<br />

is offering impunity to war criminals<br />

or people who may have committed war<br />

crimes, genocide or crimes against humanity<br />

in exchange <strong>for</strong> security, because<br />

when you offer them immunity, you offer<br />

them security. In the framework of the<br />

Rome Statute, these crimes can definitely<br />

no longer be ignored, neither can they be<br />

rewarded.<br />

Sometimes [peace] negotiators … say<br />

that we have taken away from their toolkit<br />

instruments such as amnesty or immunity,<br />

and we always remind them that<br />

such tools at least in most cases did not<br />

work. The Rome Statute was built based<br />

on the failures and the lessons that we<br />

have learned in the past. This was when<br />

the international community failed to prevent<br />

genocide. We also remind them that<br />

the Rome Statute has offered a new tool,<br />

and this is the law. It is the law <strong>for</strong> one; it<br />

is the law <strong>for</strong> all. This is a new law that I<br />

think we all can use to be able to manage<br />

the violence. It is an independent, impar-


tial court that will en<strong>for</strong>ce the law where<br />

the states fail to do so. The responsibility<br />

of our Office is to prove criminal responsibility<br />

of the persons charged. As I said,<br />

this is our part, and this is our part that we<br />

will do in court. The culture of impunity<br />

must stop.<br />

This is the challenge; this is the major<br />

challenge that not only the ICC faces,<br />

but that the international community also<br />

faces. Some of the international organizations<br />

… involved in the management of<br />

international conflicts should better respect<br />

this new framework that we have.<br />

The criminals that are sought by the Court<br />

should be isolated and surrendered. This<br />

is what we all have to do and I think that<br />

we should all commit to it. Dealing with<br />

this new reality is difficult; it is not easy.<br />

The individuals that we seek today are<br />

enduring the protection of armies, sometimes<br />

they are enduring the protection of<br />

militias and some of them are even members<br />

of the government, as seen in the case<br />

of Ahmad Harun. So the difficulties that<br />

we face I will not underestimate. They<br />

are real difficulties that we all face. What<br />

we need to do, I think, is show leadership<br />

now. It is time that we have some clear<br />

activity to overcome these difficulties. If<br />

the political leaders give up, I think the<br />

very system that was created in Rome is<br />

undermined. That’s the bottom line.<br />

We see how the international community<br />

is today addressing the problems that we<br />

have in Uganda and in Darfur — where<br />

in Darfur, <strong>for</strong> instance, the government<br />

of Sudan is denying the crimes, denying<br />

the reality, and labeling the destruction<br />

of communities in Darfur as intertribal<br />

clashes. We know they are not intertribal<br />

clashes. It is organized; it is happening.<br />

We try to urge the political leaders and I<br />

think this is not only <strong>for</strong> the ICC to do; you<br />

have your role in it. We have to remind<br />

the political leaders of [Rome] 1998: that<br />

was a unique political opportunity that we<br />

had and it is time that we also rise to that<br />

challenge. The law that we have today<br />

makes the distinction between a soldier, a<br />

terrorist, a policeman or a criminal.<br />

One of the remarkable achievements of<br />

Rome is that the armies around the world<br />

… today are adjusting their regulations.<br />

This is, I think, a direct consequence of<br />

the Rome Statute. They are adjusting their<br />

regulations to avoid the responsibility or<br />

the possibility of committing acts under<br />

the ICC jurisdiction. I think this is one of<br />

the ways to stop crimes.<br />

We also need citizens and political leaders<br />

from all over the world requesting the<br />

arrest of Ahmad Harun and Joseph Kony<br />

as a first step. This is a first step <strong>for</strong> any<br />

agreement and I think it will make a difference<br />

<strong>for</strong> peace. It will make a difference<br />

<strong>for</strong> the Ugandans, <strong>for</strong> the Darfuris.<br />

What is simply at stake is the life or death<br />

of millions … .<br />

We cannot let the victims continue to wait.<br />

These are people who took risks. They<br />

took risks in situations of ongoing conflicts,<br />

where you still have militias running<br />

around, where you have brutal people<br />

running around. We have to discreetly<br />

work and talk with these people to get<br />

their evidence and be able to present it in<br />

court. I think these people deserve justice.<br />

The perpetrators of these crimes continue<br />

to threaten to resume the violence if<br />

they are not given one <strong>for</strong>m of amnesty<br />

or another. … This is blackmail; really,<br />

this is blackmail. They cannot commit all<br />

these crimes <strong>for</strong> all these years and then<br />

today say if you do not give me this, I<br />

will continue. This is blackmail. They are<br />

blackmailing the international community<br />

and we need to really look into ourselves;<br />

can we break the system? Can we?<br />

That is what we need to ask ourselves.<br />

I always say, of course we can. In 1830,<br />

… those who were proposing to end slavery<br />

were called different names. Some<br />

said they were dreamers, some said they<br />

were naïve, some even called them troublemakers<br />

<strong>for</strong> proposing to end slavery.<br />

But they succeeded. And I think we can<br />

also.<br />

“Justice as an Essential<br />

Component of Peace”<br />

[I]n recent years the marriage between<br />

[the] two fundamental pillars of the United<br />

Nations — peace and justice — has become<br />

increasingly strenuous. More and<br />

more the international community is<br />

struggling to find a balance … . This has<br />

become more pronounced as the judicial<br />

work of the ICC begins to take shape,<br />

amidst increased ef<strong>for</strong>ts by the United<br />

Nations to achieve peaceful political<br />

solutions to … internal armed conflicts<br />

around the world. The recurrent question<br />

has been: should perpetrators of grave<br />

crimes such as genocide, war crimes and<br />

crimes against humanity enjoy amnesty as<br />

a trade-off <strong>for</strong> cessation of conflict? …<br />

The challenge <strong>for</strong> negotiators is finding<br />

solutions that are compatible with rules<br />

of international law. The grim reality in<br />

many peace negotiations is that negotiators<br />

have to face the very leaders who<br />

participated in the commission of grave<br />

crimes and who will often seize the opportunity<br />

to demand non-judicial alternatives<br />

to prosecution as a precondition <strong>for</strong><br />

peace. Should the international community<br />

give in to such blackmail?<br />

… Peace and justice are not mutually<br />

exclusive; they are in fact complementary<br />

… . To sacrifice justice on the altar<br />

of peace would be tantamount to giving a<br />

new lease of life to impunity, and will, in<br />

the long run, lead to more crimes. Justice<br />

is an essential component to sustainable<br />

peace.<br />

- Karen Odaba Mosoti, of the<br />

International Criminal Court Liaison<br />

Office in New York, at a United Nations<br />

University <strong>for</strong>um, 6 February <strong>2008</strong><br />

36 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


The Economics of Insecurity<br />

Caroline Thomas<br />

October 2007<br />

Professor Caroline Thomas is the<br />

Deputy Vice Chancellor at the University<br />

of Southampton, one of the UK’s leading<br />

research universities, and a Professor of<br />

<strong>Global</strong> Politics. Her research, publications<br />

and teaching have been in the broad<br />

area of South/North relations, global environmental<br />

politics and human security,<br />

with a particular focus on globalization<br />

and inequality. Professor Thomas has<br />

published prolifically in these areas, and<br />

enjoyed the support of a range of sponsors<br />

such as the Ford and MacArthur<br />

Foundations and the UK’s Economic and<br />

Social Research Council. She also has<br />

held a number of research fellowships,<br />

such as at the Royal Institute of International<br />

Affairs, London, which culminated<br />

in the publication of a book, The<br />

Environment in International Relations,<br />

to mark the 1992 UNCED in Rio.<br />

This paper was developed <strong>for</strong> the International<br />

Women Leaders <strong>Global</strong> Security<br />

Summit, a project of the Annenberg<br />

Foundation Trust at Sunnylands in partnership<br />

with The White House Project,<br />

the Council of Women World Leaders<br />

and the Women Leaders Intercultural Forum.<br />

The views expressed in this paper<br />

are the author’s alone, and do not express<br />

those of the Summit or its partners. The<br />

author would like to acknowledge the<br />

very helpful comments of conference<br />

partners, especially Elizabeth Mackin,<br />

Heather Grady and Ursula Oswald<br />

<strong>Spring</strong>, and critical friends in the UK,<br />

notably Mary Morrison,<br />

Steve Morris and Pat Usher.<br />

EXECUTIVE SUMMARY<br />

The development successes of the past 60 years have been significant in raising the living<br />

standards of millions of people and trans<strong>for</strong>ming the economies of many nations.<br />

Yet despite these achievements, the economic insecurity of many individuals, communities,<br />

states and arguably even entire regions, is growing. The rewards of economic<br />

growth and global economic integration are spread unevenly, with many excluded<br />

from their benefits. Factors of discrimination based on gender, ethnicity and migration<br />

status, <strong>for</strong> example, further disempower particular individuals and groups.<br />

Links among economic stagnation or decline, low incomes, inequality and conflict are<br />

being established by researchers across the world, and often they are further linked<br />

with environmental degradation and poor governance. In turn, economic insecurity is<br />

not only an affront to human dignity, but poses a threat to state security and regional<br />

stability. The political failure to deal effectively with exclusion from systems of wealth<br />

and asset creation is already contributing to conflict within and among states. This is<br />

seen most graphically in Sub-Saharan Africa, where people and states are caught in a<br />

“poverty-conflict-poverty” trap.<br />

The current two-track response of “pro-poor growth” advocated by G8 governments,<br />

the International Monetary Fund (IMF) and the World Bank, and the Millennium Development<br />

Goals advocated by the United Nations (UN), while well-intentioned, are<br />

too limited to meet the scale of the challenge.<br />

A new approach to development is needed, based on different priorities and values:<br />

meeting the basic needs of all humanity, respecting the environment and supporting<br />

sustainable solutions. Women leaders have the necessary experience and commitment<br />

to articulate an alternative vision and to play strategic roles in developing strategies<br />

and mechanisms needed to move us beyond the important but limited Millennium Development<br />

Goals (MDGs) and pro-poor economic re<strong>for</strong>ms toward deeper, sustainable<br />

global trans<strong>for</strong>mation. Women need to take the lead in:<br />

• Articulating a new vision of global security that rein<strong>for</strong>ces the concepts of protection<br />

and empowerment of those who are vulnerable, as well as the link between this and the<br />

stability of states and the international order;<br />

• Redefining development approaches to focus more directly on generating sustainable<br />

and decent work opportunities, especially <strong>for</strong> those in insecure sectors such as agriculture<br />

and in the in<strong>for</strong>mal economy;<br />

• Championing the legal empowerment of the poor by identifying specific measures<br />

through which their voices and identity (as citizens and workers, <strong>for</strong> example) can be<br />

strengthened, and their protection and opportunities can be enhanced;<br />

• Promoting the notion of global citizenship and shared responsibility that leads to<br />

partnership, collective action and consumer awareness on fair distribution of wealth,<br />

environmental sustainability, respect <strong>for</strong> cultural diversity and representative and responsive<br />

governance;<br />

• Rebalancing the relationship between state and market, particularly increasing the<br />

ability and authority of governments to protect vulnerable citizens against marketinduced<br />

insecurity;<br />

37 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


• Influencing the G8 and other OECD<br />

countries to honour existing aid commitments,<br />

and scaling up those that incorporate<br />

a focus on broad-based employment<br />

that takes into account the specific priorities<br />

and needs of women;<br />

• Scaling up aid <strong>for</strong> low-income, lowgrowth,<br />

post-conflict countries; and<br />

• Promoting equitable trade policies<br />

through stronger pressure on World Trade<br />

Organization members to overcome the<br />

current mercantilist approach to trade negotiations,<br />

and ensuring the needs of the<br />

poorest states are met and their vulnerable<br />

populations protected.<br />

BACKGROUND<br />

The development successes of the past<br />

60 years have been significant in raising<br />

the living standards of millions of people<br />

and trans<strong>for</strong>ming the economies of many<br />

nations. Yet despite these achievements,<br />

the economic insecurity of many individuals,<br />

communities, states and arguably<br />

even entire regions, is growing. One<br />

of the most marked changes in people’s<br />

lives is the increasing in<strong>for</strong>malization of<br />

labour, both in developing and developed<br />

countries. At the same time, the very concepts<br />

of social security and social safety<br />

nets have become open to debate and far<br />

more complex to sustain given the trends<br />

in labour markets as well as other factors<br />

such as migration or aging populations in<br />

numerous countries. Due partly to these<br />

changes and partly to an increasing concentration<br />

of wealth and market power,<br />

the rewards of economic growth and<br />

global economic integration are spread<br />

unevenly, with many excluded from their<br />

benefits. Discrimination based on factors<br />

such as gender, ethnicity and migration<br />

status further disempower particular individuals<br />

and groups.<br />

Economic insecurity provides one lens<br />

through which to view the reality of daily<br />

life <strong>for</strong> the half of humanity living in<br />

chronic poverty. Generally it refers to the<br />

lack of consistent access to and control<br />

over the means to achieve economic wellbeing,<br />

and lack of power to change the<br />

situation. Individuals have limited ability<br />

to move beyond a subsistence livelihood<br />

and begin to accumulate skills and assets<br />

to combat economic marginalization. Individual<br />

and community insecurity is affected<br />

by national and global policies that<br />

may prioritise open markets, competitive<br />

investment regimes, price stability and financial<br />

liberalisation over the well-being<br />

of individuals. In addition, governments<br />

can pose a threat to human security by<br />

instituting policies that inadvertently fuel<br />

instability or by investing in military expenditure<br />

rather than creating jobs or providing<br />

social security. 1<br />

The people whose existence is defined by<br />

routine economic insecurity include the<br />

one billion, 20% of the global population,<br />

living at or below the internationally<br />

identified poverty line of US$1 per day,<br />

and the further two billion living on US$2<br />

per day. 2 It is estimated that fully 70% of<br />

these are women and girls. 3<br />

Viewed through their employment status,<br />

there are some 550 million working poor<br />

earning less than US$1 per day, most of<br />

whom work in the in<strong>for</strong>mal economy. 4 It<br />

is estimated that about half of these are<br />

self-employed, while the other half earn<br />

wages working <strong>for</strong> in<strong>for</strong>mal enterprises,<br />

<strong>for</strong>mal enterprises, or households. As<br />

the Commission on the Legal Empowerment<br />

of the Poor has pointed out, <strong>for</strong><br />

wage workers, their labour – their human<br />

capital – is often their only asset, and <strong>for</strong><br />

many self-employed workers their labour<br />

is their main asset. Yet labour rights and<br />

labour regulations have been an overlooked<br />

or highly debated area of development<br />

policy, particularly in framing<br />

such rights and regulations in ways that<br />

include agricultural workers and those in<br />

the in<strong>for</strong>mal economy whose livelihoods<br />

are most insecure.<br />

40% of people existing below US$1 a day<br />

live in South Asia (30% of the population<br />

there), but it is Sub Saharan Africa where<br />

the problem of poverty is worsening. Sub<br />

Saharan Africa accounts <strong>for</strong> nearly 30%<br />

of the world’s extreme poor now, compared<br />

with accounting <strong>for</strong> less than 12%<br />

of the extreme poor in 1981. 5<br />

For most of those facing economic insecurity,<br />

lack of representation in organisations<br />

and lack of identity as citizens,<br />

workers, entrepreneurs and asset holders<br />

38 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

perpetuate their impoverishment. Moreover,<br />

the direct experience of poverty is<br />

often linked to significant horizontal inequalities<br />

of a social, economic and political<br />

nature, and is related to gender, race,<br />

other social characteristics or geography.<br />

For example, there are 5 million internally<br />

displaced people in Sudan, of whom 2.3<br />

million are from Darfur where social differences<br />

are exacerbated by environmental<br />

pressures. These horizontal inequalities<br />

add to income inequalities and lack<br />

of opportunities and may continue over<br />

many generations. 6<br />

Even where governments are committed<br />

to the wellbeing of all their citizens<br />

– which is not always the case – the nature<br />

of globalisation over the last 25 years<br />

has often limited the policy space governments<br />

have to craft economic and social<br />

policies that address insecurity. The<br />

combined effects of economic insecurity<br />

at multiple levels have often worked to<br />

mutually rein<strong>for</strong>ce inequality, human suffering<br />

and fragile states.<br />

Food Insecurity and Precarious<br />

Employment in Supply Chains<br />

An illustration of this process can be seen<br />

in food insecurity. Food insecurity is a<br />

fact of life <strong>for</strong> many of the world’s poor.<br />

Three-quarters of poor people live in rural<br />

areas. Yet rural livelihoods in agriculture,<br />

always difficult, are being undermined<br />

further by the unfolding of global economic<br />

integration, with inadequate alternative<br />

work opportunities created in urban<br />

areas. The progress of trade liberalisation<br />

<strong>for</strong> many countries has meant that heavily<br />

subsidized food from rich countries such<br />

as the US and the EU finds its way to markets<br />

in poor countries (often as food aid)<br />

where it negatively affects the market opportunities<br />

<strong>for</strong> local farmers.<br />

In Ghana, <strong>for</strong> example, local farmers have<br />

faced competition from imports and neither<br />

market <strong>for</strong>ces nor government intervention<br />

has helped farmers to adequately<br />

withstand the competition. Without employment<br />

alternatives and the means to<br />

purchase imported foodstuffs, households<br />

and communities are disrupted. Potential<br />

economic benefits of rural-urban migration<br />

are offset by the personal risks faced


y those who move, especially women,<br />

who face precarious employment opportunities<br />

in towns and cities. An example<br />

is girls from <strong>for</strong>mer rice-producing villages<br />

in northern Ghana (where much of<br />

the rice consumed now comes from the<br />

US and China), who go unaccompanied<br />

to Ghana’s second city of Kumasi to eke<br />

out a living as load carriers.<br />

There is the other side of the trade coin,<br />

of course. Africans have said in the WTO<br />

and elsewhere that import controls, particularly<br />

on cotton, are holding them back.<br />

Cotton producers in West and Central Africa<br />

have called <strong>for</strong> an end to domestic<br />

and export subsidies on cotton. In effect,<br />

they want free trade but two-way trade,<br />

not the dumping of subsidized products<br />

from abroad.<br />

A second example that illustrates today’s<br />

economic insecurity is the value chain of<br />

the coffee sector. About 25 million small<br />

farmers depend directly on coffee production<br />

in over 50 countries. This chain<br />

usually extends from poor farmers facing<br />

insecurity through a series of middlemen<br />

to global commodity traders in financial<br />

centres and international coffee<br />

companies to those who consume coffee<br />

regularly in developed countries. During<br />

the 1980s, export production increased,<br />

partly fuelled by policy advice of the IMF<br />

and the World Bank to gain <strong>for</strong>eign exchange<br />

to repay mounting external debt.<br />

As several countries pursued the same advice<br />

simultaneously, oversupply of coffee<br />

resulted so that since the early 1980s the<br />

nominal coffee price has declined about<br />

70%, reaching a 30-year low in 2001.<br />

At the same time, institutions in developing<br />

countries that support farmers, such<br />

as agricultural extension services and<br />

production and marketing facilities, are<br />

often poorly resourced or were decimated<br />

through imposed limits on government<br />

intervention and expenditure. In many<br />

places, the impact of volatile market <strong>for</strong>ces<br />

and institutional changes on the lives<br />

of smallholder peasant farmers and plantation<br />

workers has been devastating. And<br />

women’s central role — both productive<br />

and reproductive — in these households<br />

ensures that they bear the brunt of economic<br />

downturns.<br />

The experience of the coffee sector illustrates<br />

a much wider problem: Commodity<br />

price volatility and a long-term decline<br />

in trade <strong>for</strong> primary products affect millions<br />

of households in the poorest countries,<br />

often those countries also wracked<br />

by conflict (see below). And the difficulty<br />

facing coffee producers is mirrored by<br />

the experiences of other farmers such as<br />

those who grow cotton and tea.<br />

Growing Inequality and<br />

Links with Conflict<br />

Despite the significant economic gains of<br />

the last 60 years, inequality is increasing<br />

within and among states and the world’s<br />

regions. 7 Prevailing economic models<br />

have tended to favour capital over labour,<br />

and increasingly favour those with education<br />

and digital access over those without.<br />

This is perpetuating chronic poverty<br />

and exclusion. Factors of discrimination<br />

based on gender, ethnicity and migration<br />

status, <strong>for</strong> example, further disempower<br />

particular individuals and groups. Deepening<br />

divides are evident in GDP growth<br />

and per capita GDP growth over a similar<br />

period across a range of states and regions.<br />

This economic divergence poses a<br />

threat to security at many levels: human,<br />

state, regional and global.<br />

The Human Security Commission (2004)<br />

noted the links among deprivation and<br />

violence, and war, poverty, crime and<br />

economic slowdown. 8 A growing body<br />

of research confirms the links among<br />

poverty, inequality, low/no growth, low<br />

income, high military expenditure and<br />

violent conflict. 9 Poverty feeds insecurity<br />

and insecurity feeds poverty, both at the<br />

level of the state and the individual. The<br />

UNDP has summed this up in noting that,<br />

“the conflict trap is part of the poverty<br />

trap”. 10 Poverty causes more deaths than<br />

armed conflict. And the poorer the country,<br />

the greater the likelihood of its people<br />

experiencing civil war. Un<strong>for</strong>tunately the<br />

poorest countries often also suffer from<br />

three other “traps”: bad governance, landlocked<br />

status and the natural resources<br />

trap. These seem to be mutually rein<strong>for</strong>cing<br />

and magnify the challenge of moving<br />

out of Least Developed Country (LDC)<br />

status. 11<br />

39 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

Among the LDCs, 12 those with an income<br />

of US$600 or more per capita are half as<br />

likely to experience civil war as countries<br />

with one of US$250 or less. The majority<br />

of the 50 countries listed by the UN<br />

as least developed are in Sub-Saharan Africa,<br />

which correlates with the high levels<br />

of poverty and conflict prevalent in that<br />

region: “Almost every country across the<br />

middle belt of the continent — from Somalia<br />

in the east to Sierra Leone in the<br />

west, from Sudan in the north to Angola<br />

in the south — remains trapped in a volatile<br />

mix of poverty, crime, unstable and<br />

inequitable political institutions, ethnic<br />

discrimination, low state capacity and<br />

the ‘bad neighbourhoods’ of other crisisridden<br />

states - all factors associated with<br />

increased risk of armed conflict.” 13<br />

Economic divides on a global scale can<br />

fuel insecurity by, <strong>for</strong> example, encouraging<br />

flows of economic migrants or creating<br />

groups of disaffected people with a<br />

very deep sense of injustice.<br />

The threat posed by economic divergence<br />

is part of a broader challenge: the significant<br />

gains of economic growth experienced<br />

in much of the world have come<br />

about through careless disregard <strong>for</strong> the<br />

natural environment. The environmental<br />

cost of much of the world’s economic<br />

growth (<strong>for</strong> example, the effects of global<br />

warming on rainfall patterns) will fuel<br />

insecurity as already vulnerable communities<br />

face increasing challenges in<br />

agriculture and an increasing number of<br />

natural disasters like famine and floods.<br />

The populations at economic risk from<br />

environmental effects are the very people<br />

who are least able to protect themselves.<br />

It is a cruel irony that vulnerable people<br />

who are “energy poor,” are more at risk<br />

of flood, famine and despair, in part because<br />

the “energy rich” are fuelling global<br />

warming. 14<br />

ACTORS AND PROCESSES<br />

Has insecurity been addressed<br />

by development policy?<br />

In recent decades, international development<br />

policy and action have been driven<br />

by the continued push <strong>for</strong> a globalized<br />

economy through liberalisation and de-


egulation, albeit with a “pro-poor” orientation,<br />

and the adoption of the Millennium<br />

Development Goals, specific quantifiable<br />

targets to be met by 2015.<br />

The <strong>for</strong>mer, of course, has roots going<br />

back to the end of World War II when the<br />

rules governing the international economy<br />

(drawn up largely by the US and UK)<br />

suggested a particular balance between<br />

state and market. But at that time, while<br />

the direction was toward liberalisation,<br />

there was a clear acknowledgment that<br />

national governments needed to be able to<br />

respond to social issues such as universal<br />

education and the need <strong>for</strong> full employment.<br />

As <strong>for</strong>mer colonies gained their independence<br />

as states, the role of the state<br />

in promoting growth and development<br />

was accepted.<br />

But this changed significantly in the early<br />

1980s in favour of market-based solutions<br />

to development challenges. This<br />

was a direct result of policy choices in the<br />

developed Western nations, both <strong>for</strong> ideological<br />

reasons and because of perceived<br />

capacity problems in developing country<br />

institutions. Moving away from the<br />

broader based, open UN framework of<br />

the 1970s, policy advice from the International<br />

Financial Institutions (the IMF and<br />

the World Bank) became dominant. The<br />

scope of individual government authority<br />

was reduced, and the space <strong>for</strong> the market<br />

to operate unhindered was expanded.<br />

Advocates of this rebalancing of state and<br />

market expected both the maximisation<br />

of global welfare (i.e. that wealth generated<br />

would reach the bottom), and the<br />

repayment of Third World debt, which<br />

was regarded as a problem of temporary<br />

liquidity rather than insolvency. <strong>Global</strong><br />

economic integration became synonymous<br />

with development policy and was<br />

championed by an increasingly coordinated<br />

set of public international institutions,<br />

UN conferences and private actors.<br />

In all of this the question of economic insecurity<br />

facing individuals and their communities<br />

was left largely unexamined.<br />

What was not addressed sufficiently was<br />

the crucial problem: public policies did<br />

not allow governments to respond to their<br />

citizens’ economic insecurity other than<br />

through rudimentary palliative measures.<br />

Policies failed to address the risks inherent<br />

in an increasingly globalized economy<br />

and institutions of global governance<br />

have not prioritized securing livelihoods<br />

<strong>for</strong> people living on the margins of an<br />

economy. As a result, little was done to<br />

help fragile states and regions become<br />

stronger and more able to deliver <strong>for</strong> their<br />

citizens. For example, policies failed to<br />

address the need to halt the continuous<br />

decline in market share of farmers in the<br />

poorest and most conflict-prone countries<br />

that rely on the export of primary commodities.<br />

15<br />

Coming after and alongside the push <strong>for</strong><br />

aggregate and speedy economic growth<br />

was the launch of a campaign <strong>for</strong> addressing<br />

fundamental social issues - the<br />

Millennium Development Goals, the<br />

quantifiable targets set out to measure<br />

progress on development by 2015. Clearly,<br />

achievement of the MDGs depends on<br />

a real partnership between governments<br />

of developed and developing countries,<br />

not only in terms of additional aid but also<br />

debt relief policies and policy space <strong>for</strong><br />

achieving the specific targets <strong>for</strong> poverty<br />

and hunger, education, gender equality,<br />

maternal health and child mortality, HIV/<br />

AIDS and environmental sustainability.<br />

But while these laudable MDG goals address<br />

the shortcomings of development<br />

policies in the 1980s and 1990s, they say<br />

too little about what is required to develop<br />

meaningful economic opportunities and<br />

economic security <strong>for</strong> women and men.<br />

While important, the MDGs are limiting.<br />

On poverty, <strong>for</strong> example, the challenge<br />

is not simply to reduce the proportion of<br />

global citizens living in extreme poverty<br />

by 2015, but also to reorient our vision<br />

and strategies <strong>for</strong> sustainable development<br />

so that no one is living in extreme<br />

poverty and gender and other inequalities<br />

are overcome.<br />

Fundamental solutions that were obvious<br />

to many of those living in poverty around<br />

the world – that farmers and those in the<br />

in<strong>for</strong>mal economy most need greater<br />

power and representation within markets<br />

– were left untried. Important priorities<br />

<strong>for</strong> developing country governments, such<br />

as greater price stability in international<br />

markets, were considered impractical.<br />

40 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

Nevertheless, there is growing recognition<br />

that the status quo in addressing international<br />

development and poverty reduction<br />

is inadequate, and that although<br />

universal access to education and health<br />

has been revitalized in development aims,<br />

too little is done to address the precarious<br />

livelihoods of much of the world’s poor.<br />

Moreover, as inequality and un-addressed<br />

social issues have increased, so has solidarity.<br />

From consumer awareness campaigns<br />

to the World Social Forum, the unintended<br />

impacts of globalisation remain<br />

of deep concern. OECD countries and the<br />

international financial institutions have<br />

modified their policies to some extent to<br />

address social priorities defined within<br />

poorer states themselves, by a combination<br />

of government and civil society engagement.<br />

And to a limited degree, the<br />

appropriate balance between state and<br />

market has been re-examined to acknowledge<br />

what is needed to enable a government<br />

to fulfill its duties to its citizens.<br />

A role <strong>for</strong> women<br />

Building on the contextual background<br />

above, the relevant policy and content<br />

areas <strong>for</strong> women leaders to address include:<br />

• Articulating a new vision of global security<br />

that rein<strong>for</strong>ces the concepts of protection<br />

and empowerment of those who are<br />

vulnerable, as well as the link between<br />

this and the stability of states and the international<br />

order;<br />

• Finding ways to reverse growing inequalities;<br />

• Redefining development approaches to<br />

focus more directly on generating sustainable<br />

and decent work opportunities, especially<br />

<strong>for</strong> those in insecure sectors such as<br />

agriculture and the in<strong>for</strong>mal economy;<br />

• Championing the legal empowerment of<br />

the poor by identifying specific measures<br />

through which their voices and identities<br />

(as citizens and workers, <strong>for</strong> example)<br />

can be strengthened and their protections<br />

and opportunities enhanced;<br />

• Promoting the notion of global citizenship<br />

and shared responsibility that leads<br />

to partnership, collective action and consumer<br />

awareness on fair distribution of


wealth, environmental sustainability, respect<br />

<strong>for</strong> cultural diversity and representative<br />

and responsive governance;<br />

• Rebalancing the relationship between<br />

state and market, particularly increasing<br />

the ability and authority of governments<br />

to protect vulnerable citizens against market-induced<br />

insecurity;<br />

• Influencing the G8 and other OECD<br />

countries to honour existing aid commitments,<br />

and scaling up those that incorporate<br />

a focus on broad-based employment<br />

that takes into account the specific priorities<br />

and needs of women;<br />

• Scaling up aid <strong>for</strong> low-income, lowgrowth,<br />

post-conflict countries; and<br />

• Promoting equitable trade policies<br />

through stronger pressure on WTO members<br />

to overcome the current mercantilist<br />

approach to trade negotiations, and<br />

ensuring the needs of the poorest states<br />

are met and their vulnerable populations<br />

protected.<br />

THE IMPORTANCE<br />

OF WOMEN’S LEADERSHIP<br />

Women leaders can play an important role<br />

in reorienting development policies to address<br />

root causes of economic insecurity.<br />

While strong leadership is needed by both<br />

women and men, if women leaders take<br />

on this challenge individually and collectively<br />

it is more likely to catalyze fresh<br />

and focused approaches that are sustained<br />

over time. In the last decade women leaders<br />

have regularly championed the experiences<br />

of women and men whose livelihoods<br />

are buffeted by <strong>for</strong>ces beyond their<br />

control.<br />

Women leaders can take a cue from political<br />

leaders who have led in such a way in<br />

their own countries, like President Ellen<br />

Johnson Sirleaf of Liberia who has taken<br />

bold action domestically and with international<br />

actors to help her country recover<br />

from decades of strife and chronic poverty.<br />

They can demonstrate the kind of leadership<br />

shown by Nobel Laureate Wangari<br />

Maathai whose Green Belt Movement in<br />

Kenya 16 has shown how women can work<br />

in the face of government opposition to<br />

improve their own condition and address<br />

threats to the natural environment.<br />

There is much to learn from direct action<br />

by and <strong>for</strong> women in South Asia. 17 Perhaps<br />

the best-known example there is SEWA, 18<br />

the Self-Employed Women’s Association,<br />

which has worked since 1972 to support<br />

the invisible self-employed women<br />

workers who depend <strong>for</strong> their survival on<br />

their own labour (e.g. as manual labourers,<br />

porters and vendors). Founded under<br />

the leadership of Ela Bhatt, SEWA grew<br />

and championed work, income, food and<br />

social security <strong>for</strong> members and self-reliance<br />

in decision-making and economics.<br />

SEWA has worked in partnership with the<br />

WHO, the Indian government and various<br />

NGOs and spawned similar initiatives in<br />

Yemen, Turkey, and elsewhere.<br />

Latin America also has many success stories<br />

of direct grassroots action by women<br />

to address their economic insecurity. 19<br />

There are interesting examples of senior<br />

leaders nurturing women as change<br />

agents, e.g., in Brazil, both to ensure their<br />

representation in politics and to increase<br />

their influence as advocates <strong>for</strong> justice<br />

and equality. 20<br />

A powerful example of women based in<br />

the <strong>Global</strong> North engineering change <strong>for</strong><br />

women everywhere is the Women’s Environment<br />

and Development Organisation<br />

(WEDO), 21 founded in advance of the<br />

UN’s 1992 Conference on Environment<br />

and Development by Bella Abzug, which<br />

has organised women’s contributions to<br />

international policymaking, the Women’s<br />

Caucus at the UN, and facilitates the coming<br />

together of women from around the<br />

world to take action.<br />

CONCLUSION<br />

This Summit provides a unique opportunity<br />

<strong>for</strong> inspirational women leaders to<br />

initiate work on a renewed vision of global<br />

security. Promoting economic security<br />

is an important aspect of this. The vision<br />

will be instrumental in catalyzing leaders<br />

of developed countries to adopt policies<br />

that bring balanced benefits to women and<br />

men no matter where they live. And it will<br />

be important to influence the public not<br />

only in developed countries but also the<br />

opinion shapers and decision-makers in<br />

countries like China and Brazil, convincing<br />

them that the well-being of all rests<br />

41 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

on concern <strong>for</strong> all. Women could be at the<br />

<strong>for</strong>efront of a groundswell of public support<br />

<strong>for</strong> a vision like the one articulated by<br />

UNDP in 2003: quality economic growth,<br />

supportive of human development, is that<br />

which is job creating, poverty reducing,<br />

participatory, culturally enshrined and<br />

environmentally friendly. 22 This would be<br />

a significant contribution to addressing<br />

economic insecurity.<br />

We are witnessing a growth in the numbers<br />

of women working at the highest levels<br />

across all sectors, complemented by a<br />

vast community of women organising at<br />

the grassroots level in support of change.<br />

Their experiences have raised awareness<br />

of barriers to change and lessons are being<br />

learned about how to counter resistance<br />

and <strong>for</strong>m strategic alliances and supportive<br />

networks. At the political level, there<br />

is growing recognition of the importance<br />

of nurturing women change agents to ensure<br />

female representation and advocacy<br />

<strong>for</strong> justice and equality. 23<br />

Many leaders at this Summit are already<br />

experts in engineering coalitions <strong>for</strong><br />

change across political, social and business<br />

spheres. Many have been involved<br />

in pressing <strong>for</strong> change in the policies of<br />

multilateral organisations on areas such<br />

as gender, development, environment,<br />

security or rights. Others have built coalitions<br />

within their own states in difficult<br />

circumstances and have enjoyed policy<br />

successes (e.g. domestic violence laws in<br />

Brazil and family courts in Egypt). 24<br />

At the global level, champions are needed<br />

to provide and sustain direction at the<br />

highest institutional levels. Many women-led<br />

regional groupings already exist<br />

and can be built upon. These leaders will<br />

be important in working publicly and behind<br />

the scenes. Such champions need to<br />

rely on a supportive infrastructure – other<br />

stakeholders who share their vision and<br />

act as change agents at different organisational<br />

levels, raising awareness, following<br />

through, rein<strong>for</strong>cing messages and<br />

becoming involved on specifics in their<br />

respective domains.<br />

This agenda is more than a lifetime’s<br />

work. It is time <strong>for</strong> women, as leaders, to<br />

take the next step together.


Footnotes:<br />

1 UNDP (2005), Human Development Report 2005 (New York: United Nations), p. 160.<br />

2 Data from the World Bank, 2002. The World Bank, “<strong>Global</strong> Economic Prospects 2006: The<br />

Economic Implications of Remittances and Migration”, 2006, pgs. 8-9.<br />

3 UN Dept. of Public In<strong>for</strong>mation, Backgrounder, Gender Equality and the Millennium Development<br />

Goals, 2003, http://www.un.dk./temp/IWDBackgrounder.pdf.<br />

4 International Labour Organization, “World Employment Report 2004–05: Employment,<br />

Productivity, and Poverty Reduction”, December 2004, p. 24.<br />

5 Data from the World Bank, 2002. Shaohua Chen and Martin Ravallion, “How have the<br />

world’s poorest fared since the early 1980s?” The World Bank, June 2004.<br />

6 UNDP (2005), Human Development Report 2005 (New York: United Nations), p. 163.<br />

7 UNCTAD (2006) Trade and Development Report (Geneva: UNCTAD), pp. 46-7.<br />

8 Human Security Commission (2004) Final Report, http://www.humansecurity-chs.org/finalreport/index.html.<br />

9 For example: Centre <strong>for</strong> International Cooperation and Security (2005), The Impact of<br />

Armed Violence on Poverty and Development (Brad<strong>for</strong>d University: Centre <strong>for</strong> International<br />

Cooperation and Security, www.brad<strong>for</strong>d.ac.uk/cics), pp. 1-98; Control Arms Campaign<br />

(Amnesty International, International Action Network on Small Arms, Oxfam International)<br />

(2006), Arms Without Borders: Why a globalised trade needs global controls; Nafziger, E. W.<br />

and Auvinen J. (2002), “Economic Development, Inequality, War and State Violence”, World<br />

Development, 30 (2): 153-163; Stewart, F. (2003), “Conflict and the Millennium Development<br />

Goals”, Journal of Human Development, 4(3): <strong>32</strong>5-351.<br />

10 UNDP (2005), Human Development Report 2005 (New York: United Nations), p.157.<br />

11 Collier, P. (2007), The Bottom Billion (Ox<strong>for</strong>d: Ox<strong>for</strong>d University Press).<br />

12 In 2006, 50 Least Developed Countries were identified, each exhibiting a per capita income<br />

under US$750, human resource weakness (poor health, nutrition, education, adult literacy),<br />

and economic vulnerability. 16 were landlocked and 12 were small islands. Such low-income<br />

countries accounted <strong>for</strong> over half of the countries experiencing violent conflict 1990-2003.<br />

13 Human Security Centre (2005), Human Security Report 2005, www.humansecuritycentre.<br />

org/images/stories/HSReport2005, p. 4.<br />

14 See Litovsky, A. (2007), “Energy Poverty and Political Vision” at http://www.opendemocracy.net/node/2551/print.<br />

15 UNCTAD (2006), Trade and Development Report (Geneva: UNCTAD), p. 20.<br />

16 See www.greenbeltmovement.org.<br />

17 For example, the Chipko Movement demonstrates how direct action by grassroots groups<br />

can contribute to environmental and economic sustainability. While not built exclusively<br />

around women, women came to play the most significant role in the movement [preventing<br />

loggers from felling trees]. Another South Asian success story is provided by the Grameen<br />

Bank, … provid[ing] microcredit to poor women. … See http://www.grameen-info.org.<br />

18 See www.sewa.org.<br />

19 See Oswald, U. (2007), “Bottom-up Capacity Building: Women and family business”.<br />

20 See Cornwall, A. (2007), in “Addressing the Preconditions: Women’s Rights and Development”,<br />

at www.pathwaysofempowerment.org.<br />

21 See http://www.wedo.org.<br />

22 UNDP (2003), Human Development Report: Millennium Development Goals: A compact<br />

among nations to end human poverty, www.undp.org, p. 23.<br />

23 Cornwall, A. (2007), “Pathways of Women’s Empowerment”, posted 30 July 2007 at<br />

www.opendemocracy.net/node/34188/print.<br />

24 On the implementation of the Maria da Penha Law on Domestic Violence in Brazil, see<br />

http://www.pathways-of-empowerment.org/research_building_projects.html#Maria. On<br />

Egypt’s family courts, see M. Al Sharmani at www.opendemocracy.net/article/democracy_<br />

power/5050/egypt_family_law.<br />

From the International Women<br />

Leaders <strong>Global</strong> Security Summit<br />

Call to Action:<br />

To address the economics of insecurity,<br />

we will partner with other leaders to<br />

• Clearly and consistently articulate that<br />

poverty is an affront to human dignity, is<br />

a source of global instability, disproportionately<br />

affects women, and is a violation<br />

of human rights <strong>for</strong> which states and nonstate<br />

actors must be held accountable.<br />

• Set international standards of reporting<br />

on corporate responsibility that incorporate<br />

human rights and environmental<br />

standards.<br />

• Restructure economic and development<br />

priorities to end unfair trade rules and<br />

focus more directly on generating productive<br />

and decent work opportunities,<br />

especially <strong>for</strong> the poor — the vast majority<br />

of whom are women — in insecure sectors<br />

such as agriculture and the in<strong>for</strong>mal<br />

economy.<br />

• Promote core labor standards and decent<br />

work, including labor rights <strong>for</strong> in<strong>for</strong>mal<br />

workers, business rights <strong>for</strong> in<strong>for</strong>mal<br />

entrepreneurs, and property rights<br />

and social protection <strong>for</strong> all.<br />

• Press donors to honor their <strong>for</strong>eign assistance<br />

commitments without conditionalities,<br />

especially <strong>for</strong> fragile states and<br />

Least Developed Countries, to build longterm<br />

capacity and market access, while<br />

addressing urgent threats to livelihoods,<br />

life and human dignity.<br />

42 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


The global water crisis is<br />

evident. We need a global<br />

solution in <strong>for</strong>m of a United<br />

Nations covenant on water.<br />

A UN Covenant on the Right to Water:<br />

An Idea Whose Time Has Come<br />

Maude Barlow<br />

Maude Barlow is Chair of the Council<br />

of Canadians and author of Blue Covenant,<br />

The <strong>Global</strong> Water Crisis and the<br />

Coming Battle <strong>for</strong> the Right to Water.<br />

She posted this essay on 18 February<br />

<strong>2008</strong> on the website of The Movement<br />

Vision Lab, which “brings together<br />

grassroots organizers and social justice<br />

advocates to share and debate long-term,<br />

visionary ideas <strong>for</strong> the future”.<br />

Its reprinting is authorized under a<br />

Creative Commons license by the Center<br />

<strong>for</strong> Community Change, founded in 1968<br />

“to honor the life and values of Robert<br />

F. Kennedy” and build “a new politics<br />

based on community values”<br />

The right to water is a concern <strong>for</strong> the global community. How do we support the right<br />

to water <strong>for</strong> everyone and ensure that no future generation has to suffer from living<br />

without clean water?<br />

All over the world, groups who are fighting <strong>for</strong> local water rights are championing an<br />

international instrument on the right to water. Due to over-development and climate<br />

change, fresh water is becoming increasingly scarce. In addition, in many communities<br />

across the globe, people cannot get access to whatever clean water does exist without<br />

paying private corporations.<br />

The global water crisis is evident. We need a global solution in <strong>for</strong>m of a United Nation<br />

Covenant on Water.<br />

For the past 15 years, the World Bank and the other regional development banks have<br />

promoted a private model of water development in the global South. This model has<br />

proven to be a failure. High water rates, cut-offs to the poor, reduced services, broken<br />

promises and pollution have been the legacy of privatization.<br />

At the March 2006 4th World Water Forum in Mexico City, the UN cited the failure of<br />

privatization and called <strong>for</strong> governments to re-enter the water services arena. Calls <strong>for</strong> a<br />

UN Covenant to re-assert the crucial role of government in supplying water to the poor<br />

increased dramatically at the Forum and new impetus was given to this campaign.<br />

Why a UN Covenant?<br />

The fact that water is not now an acknowledged human right has allowed decisionmaking<br />

over water policy to shift from the UN and governments toward institutions<br />

and organizations that favour the private water companies and the commodification<br />

of water. These institutions include the World Bank and other regional development<br />

banks, the World Water Council, the <strong>Global</strong> Water Partnership and the World Trade<br />

Organization.<br />

Not only have these institutions vigorously promoted the interests of the private water<br />

companies in the global South, they have ceded much political control over water policy<br />

to them. Many nations-state governments have gone along with this trend, allowing<br />

creeping privatization with little or no government oversight or pubic debate.<br />

Behind the call <strong>for</strong> a binding instrument are questions of principle that must be decided<br />

soon as the world’s water sources become more depleted and fought over:<br />

• Is access to water a human right or just a need?<br />

• Is water a common good like air or a commodity like Coca Cola?<br />

• Who is being given the right or the power to turn the tap on or off – the people? Governments?<br />

Or the invisible hand of the market?<br />

• Who sets the price <strong>for</strong> a poor district in Manila or La Paz – the locally elected water<br />

board or the CEO of Suez?<br />

[continued]<br />

43 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


What is the Practical Use of a Covenant?<br />

Would a Covenant on water solve the world’s water crisis? Of course not. Almost two<br />

billion people now live in water stressed parts of the world and the situation is getting<br />

worse, not better. But it would set the framework of water as a social and cultural asset,<br />

not an economic commodity. As well, it would establish the indispensable legal<br />

groundwork <strong>for</strong> a just system of distribution.<br />

A Covenant on the right to water would serve as a common, coherent body of rules <strong>for</strong><br />

all nations and clarify that it is the role of the state to provide clean, af<strong>for</strong>dable water to<br />

all of its citizens. Such a Covenant would also safeguard already accepted human rights<br />

and environmental principles.<br />

It would also set principles and priorities <strong>for</strong> water use in a world destroying its water<br />

heritage. The Covenant I envisage would include language to protect water rights <strong>for</strong><br />

the earth and other species and would address the urgent need <strong>for</strong> reclamation of polluted<br />

waters and an end to practices destructive of the world’s water sources.<br />

At a practical level, a right to water Covenant gives citizens a tool to hold their governments<br />

accountable in their domestic courts and the “court” of public opinion, as well<br />

as seeking international redress.<br />

A Covenant could also include specific principles to ensure civil society involvement<br />

<strong>for</strong> conversion into national law and nation action plans. This would give citizens an<br />

additional constitutional tool in their fight <strong>for</strong> water.<br />

Why should activists in the United States care?<br />

No country needs to be held more accountable to this crisis than the United States.<br />

Many of the companies privatizing water are based in the United States and the US is<br />

among the chief backers of the privatization strategy through the World Bank and other<br />

mechanisms. If we are to stop this crisis, the United States government must become<br />

part of the solution, not the problem.<br />

In addition, water privatization is encroaching in US communities, being fought back<br />

at every turn by citizens insisting that water is a basic right and should be free <strong>for</strong> everyone.<br />

A UN Covenant will help advance these struggles in the U.S. as well.<br />

More broadly, it is essential that American activists push <strong>for</strong> greater recognition of international<br />

law and treaties in the United States. In the long run, this will not only help<br />

advance causes in the United States where the international community is leading and<br />

domestic lawmakers are lagging behind, but it will also help shift the political center of<br />

gravity away from the US alone. US policies should not be dictating the world’s fate.<br />

We need robust international standards and communities of action so that the world’s<br />

diverse peoples may, together, identify key problems and enact viable solutions.<br />

Support among civil society groups around the world is growing rapidly and we are<br />

collecting the names of these groups <strong>for</strong> reference in the near future. For instance, a<br />

right to water convention has been adopted by Red Vida, the network of grassroots<br />

groups fighting <strong>for</strong> water justice all through the Americas.<br />

The right to water is an idea whose time has come. Let us make sure no future generation<br />

ever again has to suffer from the horrors of living without clean water.<br />

Ms Barlow invites anyone wishing to<br />

become involved in this movement to<br />

visit the Blue Planet Project at the Council<br />

of Canadians’ website .<br />

44 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


BOOK REVIEW<br />

<strong>Global</strong> Environmental Governance,<br />

Perspectives on the Current Debate<br />

edited by Lydia Swart & Estelle Perry<br />

Marquita K. Hill<br />

March <strong>2008</strong><br />

Marquita Hill, retired to Virginia from<br />

the University of Maine’s Department<br />

of Chemical Engineering, presented in<br />

<strong>Minerva</strong> #28 (February 2005) an overview<br />

of some of the many transboundary<br />

pollution problems that cannot be<br />

solved without international cooperation,<br />

based on the second edition of her book,<br />

Understanding Environmental Pollution,<br />

published in 2004 by Cambridge University<br />

Press. Her review of several books<br />

on biological warfare appeared in<br />

<strong>Minerva</strong> #24 (November 2002).<br />

Lydia Swart is Executive Director of<br />

the Center <strong>for</strong> UN Re<strong>for</strong>m Education and<br />

Estelle Perry is its President.<br />

<strong>Global</strong> Environmental Governance,<br />

Perspectives on the Current Debate was<br />

published by the Center <strong>for</strong> UN Re<strong>for</strong>m<br />

Education in May 2007.<br />

In the Introduction, Swart and Perry point out that global climate change is not the<br />

only “inconvenient truth”. Another is that “global environmental problems require<br />

global solutions”. However, “the institutional deficiencies of global environmental<br />

governance … hamper global ef<strong>for</strong>ts to effectively address climate change” and many<br />

other environmental issues. This book’s intent is to identify shortcomings in the United<br />

Nations system <strong>for</strong> handling environmental issues and examine recommendations to<br />

overcome them. These problems “revolve around a lack of authority, institutional capacity<br />

and resources”. “There is growing realization that unless global environmental<br />

governance is dramatically improved, the goal of providing environmental security <strong>for</strong><br />

the world’s peoples cannot be achieved.”<br />

The problem: Ninety million people are added to the world population each year and<br />

yet, already with our current population, one in three persons lacks enough fresh water;<br />

greenhouse gases continue to accumulate; ecosystems necessary to our survival continue<br />

to be degraded; and land degradation threatens food security, especially in Africa.<br />

Humans have not been able to stop this trend despite the United Nations Environment<br />

Program (UNEP). This program, founded in 1972, is weak, under-funded, and, thus,<br />

ineffective in the functions assigned to it.<br />

Possibly, we could improve this situation by strengthening UNEP. To this end, a chapter<br />

is devoted to “Moving Forward by Looking Back: Learning from UNEP’s History”.<br />

The UNEP was not purposefully established as a “weak, underfunded, overloaded, and<br />

remote organization”. There was great hope that it would “serve as the world’s ecological<br />

conscience”. It would also acquire and disperse reliable environmental in<strong>for</strong>mation,<br />

set goals and standards, and provide technical assistance as well as education & training<br />

and public in<strong>for</strong>mation. Too, it would speed up actions on urgent environmental<br />

problems.<br />

Un<strong>for</strong>tunately, UNEP is a Program. Within the UN hierarchy, a Program has the least<br />

independence and authority, and must rely on voluntary financial contributions <strong>for</strong> its<br />

operations. Moreover, environmental responsibilities are spread throughout many UN<br />

organizations. Worse, there is no database that would allow one to find which organizations<br />

are active in a specific environmental activity. This statement leads to a conclusion<br />

as to the biggest weakness of the current global environmental governance: there<br />

is a lack of coordination.<br />

Overall, there is “a disconnect between the magnitude of environmental problems on<br />

the one hand and the ability of contemporary institutions to effectively address them<br />

on the other”. Even worse, the “challenges of environmental governance are huge and<br />

still growing”.<br />

Despite this pessimistic assessment, there is progress, sometimes amazing. Advanced<br />

industrialized countries now spend 2–3% of their GNP on the environment. Some of<br />

the many treaties enacted through UNEP have been effective. The best known, in terms<br />

of its effectiveness, is the reduction of stratospheric ozone reduction. Others are re-<br />

45 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


ductions in European acid rain and in the<br />

number and volume of oil spills into the<br />

oceans.<br />

The last chapters of this book offer ideas<br />

<strong>for</strong> and progress toward policy and institutional<br />

options <strong>for</strong> the future <strong>Global</strong><br />

Environmental Governance. There is general<br />

agreement that just strengthening<br />

UNEP is not enough to allow it to cope<br />

with all the environmental challenges facing<br />

humanity. A new agency is required.<br />

One possibility is to upgrade UNEP into<br />

a Specialized Agency, the World Environment<br />

Organization (WEO), analogous<br />

to the World Health Organization or the<br />

Food and Agriculture Organization. This<br />

would improve coordination of global environmental<br />

governance, enhance recognition<br />

of environmental problems among<br />

governments, and assist in developing the<br />

capacities <strong>for</strong> environmental improvement<br />

in Africa, Asia and Latin America.<br />

An alternative approach first proposed by<br />

the European Union is to trans<strong>for</strong>m UNEP<br />

into the United Nations Environment Organization<br />

(UNEO). Again, this would be<br />

a Specialized Agency with a budget most<br />

probably based on assessed (not voluntary)<br />

contributions. It would be established on<br />

the basis of an international treaty, which<br />

would give it some autonomy from the<br />

UN. Not being a subsidiary of the UN, it<br />

would have political clout and the ability<br />

to develop a strengthened scientific base.<br />

It would also give developing countries<br />

the opportunity to have meaningful influence<br />

on the UNEO’s work.<br />

Whatever system of global environmental<br />

governance is envisioned, and despite<br />

the “urgency of environmental problems<br />

facing the world”, the governance will<br />

not work to prevent further environmental<br />

degradation unless UN Member States<br />

fully commit themselves to making the<br />

system work. This is our greatest challenge.<br />

Political <strong>Global</strong>ization: A New Vision of<br />

Federal World Government<br />

by James A. Yunker<br />

(Lanham MD: University Press<br />

of America, Inc., 2007)<br />

BOOK REVIEW<br />

Political <strong>Global</strong>ization: A New Vision<br />

of Federal World Government<br />

by James A. Yunker<br />

Ronald J. Glossop<br />

17 January <strong>2008</strong><br />

Ronald J. Glossop is Professor Emeritus<br />

at Southern Illinois University-Edwardsville<br />

(SIUE), a member of the national<br />

board of <strong>Citizens</strong> <strong>for</strong> <strong>Global</strong> <strong>Solutions</strong><br />

Education Fund, Chair of <strong>Citizens</strong> <strong>for</strong><br />

<strong>Global</strong> <strong>Solutions</strong> of Greater St. Louis,<br />

Vice-President of UNA of Greater St.<br />

Louis, Coordinator of the St. Louis<br />

Coalition <strong>for</strong> the ICC, and President of<br />

the American Association of Teachers<br />

of Esperanto. He has taught a course on<br />

“<strong>Global</strong> Problems & Human Survival”<br />

<strong>for</strong> twenty years. Dr Glossop is the<br />

author of World Federation? (1994) and<br />

Confronting War (4th edition, 2001).<br />

This book aims to be a wake-up call both to world federalists and non-world federalists.<br />

To world federalists the message is: adjust the details of your objective so that<br />

you can overcome the obstacles that stand in the way of achieving your goal. To the<br />

non-world federalists the message is: the world community needs a world government<br />

just as local and national communities do, and global problems such as ever-moredestructive<br />

wars, the spread of nuclear weapons, the deterioration of the environment,<br />

and the growing gap between rich and poor need to be addressed by a real government<br />

with a legislature, police <strong>for</strong>ces, and the power to tax rather than the governance system<br />

which now exists.<br />

Professor Yunker’s proposed solutions are the same as he put <strong>for</strong>th in his earlier book,<br />

Rethinking World Government, namely, that the world community very much needs (1)<br />

a limited but real world federation, a Federal Union of Democratic Nations [FUDN] to<br />

resolve conflicts non-violently and without military threats as well as to deal with other<br />

community problems just as is routinely done within most nations and (2) a systematic<br />

plan (a World Economic Equalization Program [WEEP] or global Marshall Plan) to<br />

gradually equalize the economic status of people in all countries. He also repeats the<br />

view that proponents of world government must consider why their view is so readily<br />

dismissed by most people and modify their proposal in order to overcome these objections.<br />

46 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


The main two reasons <strong>for</strong> opposition to<br />

the creation of a world government are:<br />

(1) the fear that such an all-powerful global<br />

government could become a worldwide<br />

tyranny from which there is no escape and<br />

(2) the fear that a democratic world government<br />

controlled by the majority poor<br />

of the world would use its power to require<br />

what Yunker calls “Crude Redistribution”<br />

of the world’s wealth in order to<br />

get more equality. To nullify these fears,<br />

Yunker proposes that the world federation<br />

to be created (a) would allow participating<br />

nations to maintain whatever kind of<br />

military <strong>for</strong>ce they wish (including having<br />

nuclear weapons) and (b) would allow<br />

nations to leave the federation at any<br />

time without penalty. Additionally, in the<br />

world legislature there would be (c) a<br />

dual voting system. Separate votes would<br />

be taken on a material basis (where the<br />

number of votes a country has depends<br />

on its wealth) and on a population basis<br />

(where the number of votes a country has<br />

depends on its population. This system<br />

means that no measure could be adopted<br />

that doesn’t have the support of the rich<br />

countries, but also that no measure could<br />

be adopted that doesn’t have the support<br />

of the poor countries. Yunker believes that<br />

such a limited world government would<br />

dispel the fears which now cause opposition<br />

to a world government in the rich<br />

countries. It would also address the fears<br />

in poor countries that a world government<br />

would be a way <strong>for</strong> the rich countries to<br />

maintain and even solidify their control<br />

over the poorer, weaker countries.<br />

The other part of his proposal is the<br />

program — described and persuasively<br />

argued <strong>for</strong> in chapters 4, 5, and 6 — to<br />

gradually decrease the gap between the<br />

rich and the poor. Yunker, an economics<br />

professor at Western Illinois University,<br />

uses computer simulations to show that<br />

there is good reason to believe that over<br />

several decades the economic situation in<br />

poor countries could be substantially improved<br />

while economic growth would be<br />

slowed only slightly in rich countries. He<br />

emphasizes that both the establishment of<br />

a world government and WEEP should<br />

be viewed as experimental ef<strong>for</strong>ts which<br />

would be ended if it became apparent that<br />

they were not achieving their goals.<br />

Yunker’s argumentation <strong>for</strong> his WEEP is<br />

much more persuasive than his argumentation<br />

<strong>for</strong> world government, although he<br />

is eager to show that both are needed and<br />

that they are somewhat dependent on one<br />

another. His basic argument <strong>for</strong> world<br />

federation is that the world community<br />

has been gradually moving toward more<br />

cooperation <strong>for</strong> a long time (pp. 297-301<br />

and 307-<strong>32</strong>5) and concern about national<br />

sovereignty has been declining (p. 287).<br />

The fact that the trans<strong>for</strong>mative move to<br />

world government has not yet been made<br />

does not show that it can’t or shouldn’t be<br />

made. Yunker displays a readiness to discuss<br />

the weaknesses in his argument <strong>for</strong><br />

world federation, admitting that the world<br />

has not had many successful experiences<br />

of creating federations out of previously<br />

existing nation-states and that in a fair<br />

number of cases federations have disintegrated<br />

(pp. 289-296). But, he argues, if<br />

government is a good thing at the local<br />

level, the national level, and the regional<br />

level, why would it not be a good thing at<br />

the global level (p. 335)?<br />

Yunker’s book is full of repetitions. He<br />

admits this (p. 337), but says that it is<br />

necessary to “break through the encrusted<br />

prejudice against world government” (p.<br />

337) which has come about because of the<br />

unlimited character of the world government<br />

put <strong>for</strong>th by its previous proponents.<br />

What is needed to counter this prejudice<br />

is the recognition that the more limited<br />

kind of world government being proposed<br />

by Yunker will not arouse the fears fed by<br />

the traditional views of what a world government<br />

would be. People will see that it<br />

is possible to have the benefits of world<br />

government without arousing such fears.<br />

But there are questions that need to be addressed.<br />

Probably the most obvious one<br />

is how the Federal Union of Democratic<br />

Nations (FUDN) is any more of a government<br />

than the League of Nations or the<br />

existing United Nations. Yunker criticizes<br />

these confederal organizations <strong>for</strong> their<br />

ineffectiveness, which he blames on their<br />

not having their own military <strong>for</strong>ces, their<br />

not being able to levy taxes, and their officials<br />

being appointed by the national<br />

governments rather than being elected<br />

(p. 309). But in his proposed FUDN the<br />

national governments will be allowed to<br />

maintain their own military <strong>for</strong>ces, even<br />

with nuclear weapons, and would be free<br />

to leave the union whenever they wanted,<br />

which they would be likely to do if the<br />

FUDN ever decided to use military <strong>for</strong>ce.<br />

Consequently, the military <strong>for</strong>ces of the<br />

FUDN are likely to be virtually powerless<br />

against the more powerful nations.<br />

How would the FUDN be any less helpless<br />

than the League of Nations was? The<br />

FUDN might be able to levy taxes, but<br />

its financial resources would probably be<br />

very limited compared to those of larger,<br />

richer national governments. With regard<br />

to the election of FUDN officials, Yunker<br />

does not seem to appreciate how difficult<br />

that would be to carry out. Could laws<br />

about exactly who could vote, how much<br />

money could be spent on campaigning,<br />

and so on be en<strong>for</strong>ced throughout the<br />

whole world?<br />

The United Nations has coercive power<br />

when the Security Council approves a<br />

given course of action. Military <strong>for</strong>ce can<br />

be used against nations that attack other<br />

nations or that refuse to abide by Security<br />

Council resolutions. It is true that the<br />

permanent five have a veto, so no action<br />

can be taken against them or other nations<br />

which they support. But would the situation<br />

be any different with the FUDN as<br />

long as the individual powerful national<br />

governments are allowed to keep their<br />

military <strong>for</strong>ces and nuclear weapons?<br />

Yunker, as is so often the case with proposers<br />

of world government, fails to deal<br />

with the question of how we proceed from<br />

where we are now to the desired goal.<br />

How might the move toward the FUDN<br />

get started? Might the UN General Assembly<br />

call a conference to address the<br />

issue? Might NATO members or the European<br />

Union or some particular national<br />

governments (e.g. Australia, Brazil, Canada)<br />

take the lead in calling a conference to<br />

consider the proposal? Could anything be<br />

done if the government of the USA were<br />

opposed? Maybe Yunker thinks that his<br />

proposal is the kind that the US government<br />

could support, but un<strong>for</strong>tunately it<br />

is not easy to find a way to persuade those<br />

with great power to share their power (or<br />

their wealth) with others.<br />

47 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


OVERVIEW<br />

INSIDE VIEW<br />

CRITIQUE<br />

RESPONSE<br />

BOOK DISCUSSION<br />

<strong>Global</strong> Democracy<br />

The Struggle <strong>for</strong> Political and Civil Rights in the 21st Century<br />

by Didier Jacobs<br />

Claude Buettner, Didier Jacobs, Joseph Schwartzberg<br />

March & April <strong>2008</strong><br />

Claude Buettner wrote this introductory<br />

review <strong>for</strong> the newsletter of the Minnesota<br />

Chapter of <strong>Citizens</strong> <strong>for</strong> <strong>Global</strong><br />

<strong>Solutions</strong>, of which he is president. It is<br />

reprinted with his permission.<br />

I - OVERVIEW (Claude Buettner)<br />

… One proposition of this brilliant book is that the United Nations, the International<br />

Monetary Fund, the World Bank, and the World Trade Organization together <strong>for</strong>m our<br />

current global government, albeit an ineffective one. But it is the global government<br />

that the permanent members of the Security Council want: a “weak confederation”,<br />

with veto and opt-out privileges <strong>for</strong> a select group of powerful nations, the so-called<br />

P-5, and a “federation”, with no veto and no opt-out privileges, <strong>for</strong> all others.<br />

Mr Jacobs asserts, only slightly tongue-in-cheek, that the global government we already<br />

have is characterized as a system of apartheid, in which one’s position in the<br />

pecking order is determined by the color of one’s passport.<br />

Among the take-away points in <strong>Global</strong> Democracy’s conclusion are:<br />

• Institutions are essential (“Governance without government” is, at best,<br />

nonsense).<br />

• “<strong>Global</strong> democracy is a big idea that is astonishingly easy to communicate:<br />

‘We believe all people should have equal say in decisions that affect all of them’;<br />

‘The World Trade Organization is not democratic and that is not OK’; …‘The Security<br />

Council does not have proper checks and balances; that’s bad in national politics,<br />

it’s also bad in world politics.’”<br />

• In our everyday conversation we can promote global democracy by referring<br />

to the UN or the WTO as “our global government”. But this is not enough; eventually<br />

ordinary citizens will rightfully expect to elect their representatives in that government.<br />

• The peace movement needs to <strong>for</strong>m and promote a long-term strategy <strong>for</strong><br />

change (even in between unpopular wars) instead of abdicating that role to nationalist<br />

and benevolent imperialist think tanks.<br />

Didier Jacobs, Special Advisor to the<br />

President at Oxfam America, holds a<br />

Masters degree in Public Policy from the<br />

Kennedy School of Government, Harvard.<br />

He has been a researcher at the London<br />

School of Economics and Catholic University<br />

of Louvain, as well as an aid<br />

worker <strong>for</strong> Médecins Sans Frontières in<br />

Liberia. He serves on the Steering Committee<br />

of the World Federalist Institute of<br />

<strong>Citizens</strong> <strong>for</strong> <strong>Global</strong> <strong>Solutions</strong>.<br />

This essay is an adaptation of a presentation<br />

he made at the annual meeting of<br />

<strong>Citizens</strong> <strong>for</strong> <strong>Global</strong> <strong>Solutions</strong> in<br />

Minneapolis, October 2007.<br />

FMI: <br />

Reframing the <strong>Global</strong> <strong>Solutions</strong> debate in this way is worth considering in spite of the<br />

risk that it will be seen by some as excessively ambitious. As we slide well into the 21st<br />

century, it’s time to reframe our stand on how we can solve such seemingly intractable<br />

global problems as environmental degradation and nuclear arms, among others, that<br />

are beyond the capacity of the currently undemocratic “global government” to manage<br />

effectively.<br />

II - INSIDE VIEW (Didier Jacobs)<br />

I initially came to the United States <strong>for</strong> graduate studies in public policy. I recall that<br />

it was in my second class that I learned about the concept of framing an issue. Framing<br />

a policy issue is to communicate about it from the perspective that is most attractive<br />

to the people you try to convince. The arguments that are most persuasive to you<br />

are not necessarily the most persuasive to others. Reframing an issue is there<strong>for</strong>e like<br />

talking about it in a <strong>for</strong>eign language: it is the same subject, but it sounds very different.<br />

Reframing an issue is like wearing tinted glasses: you look at the same thing,<br />

48 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


ut it has different colors. One could say<br />

that this book is all about reframing world<br />

federalism in a way that is most relevant<br />

to Americans today.<br />

The title is <strong>Global</strong> Democracy. It could<br />

have been World Federalism instead, but I<br />

chose not to use that title <strong>for</strong> the same reasons<br />

that the World Federalist Association<br />

changed its name to <strong>Citizens</strong> <strong>for</strong> <strong>Global</strong><br />

<strong>Solutions</strong>. The sub-title gives the new<br />

frame through which I write about world<br />

federalism. It is: The Struggle <strong>for</strong> Political<br />

and Civil Rights in the 21st Century.<br />

World federalism is a civil rights issue.<br />

The usual frame <strong>for</strong> world federalism is<br />

the creation of a world government. But<br />

very few people think they want a world<br />

government. To most people, world government<br />

sounds scary, overbearing, authoritarian.<br />

On the other hand, everybody<br />

supports civil rights. Nobody is going to<br />

argue against them. So if we manage to<br />

frame world federalism as a civil rights<br />

issue, we have made a major breakthrough.<br />

How do I manage to frame world federalism<br />

as a civil rights issue? It is very easy:<br />

I assert that we already have world government.<br />

World government is not utopia. It is reality.<br />

World government is not futuristic. It is<br />

history; it is a part of our historical heritage.<br />

How come we have not noticed? We have<br />

not noticed the existence of our world<br />

government because the United Nations<br />

system does not quite look like other governments<br />

we are familiar with. There are<br />

many kinds of governments.<br />

Our world government is not a communist<br />

regime like Cuba. It is not an absolute<br />

monarchy cum theocracy like Saudi Arabia.<br />

It is not a medieval empire, although<br />

it has some resemblance to that: it has a<br />

Byzantine structure. Its authority is contested<br />

in many parts of the world. And its<br />

geographic boundaries are not clear, as<br />

some countries are members of one international<br />

institution but not the other.<br />

Our world government is not a liberal<br />

democracy either, although again it has<br />

some resemblance to it: the UN system<br />

respects freedom of speech and association.<br />

It consists of modern bureaucracies.<br />

The United Nations system is none of the<br />

above and yet it is a government in the<br />

simple sense that it is an organization that<br />

does public policy. That is my definition<br />

of a government anyway: an organization<br />

that does public policy.<br />

The World Trade Organization, <strong>for</strong> instance,<br />

has adopted 30,000 pages of legal<br />

text, which its member-states must respect<br />

in their entirety. These pages contain very<br />

precise economic regulations that greatly<br />

influence national economies. The WTO<br />

even has a quasi-judicial body to arbitrate<br />

disputes of implementation, and can take<br />

sanctions against states that do not respect<br />

the rules. Why on earth don’t we call that<br />

a federal world government? Or a branch<br />

of it, anyway.<br />

I suggest the following thought experiment.<br />

Let us imagine a moment that the<br />

United Nations General Assembly was<br />

directly elected by the people. And let’s<br />

assume that it had co-decision power on<br />

all matters currently dealt with by the UN<br />

Security Council, the WTO, the IMF and<br />

the World Bank. So all the decisions that<br />

these bodies now make would also need<br />

to be approved by the directly-elected<br />

General Assembly.<br />

I think that if that were the case most<br />

people in the streets would agree that, of<br />

course, we have a world government, and<br />

Joe Blogh is my representative. Everything<br />

else in the UN system could remain<br />

the same. If only there were elections,<br />

people would recognize their world government,<br />

because the concept of elections<br />

is very closely associated with the concept<br />

of government.<br />

But of course, not all governments are<br />

elected. What we have is a world government<br />

that is not democratic. It is an apartheid<br />

regime. We live under global apartheid.<br />

Americans and Europeans make<br />

decisions, and the rest of the world must<br />

follow the rules, without voice. That is<br />

plainly unfair, and here is where the civil<br />

49 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

and political rights frame comes into the<br />

picture.<br />

So my book is about the struggle <strong>for</strong> political<br />

equality in the 21st century. The<br />

struggle <strong>for</strong> nationals of poor nations to<br />

have equal say in decisions that affect all<br />

humankind. There are global policies on<br />

trade, on climate change, on nuclear proliferation<br />

and so on and so <strong>for</strong>th. I claim<br />

that these policies should be decided according<br />

to the “one person, one vote” rule.<br />

And I argue that it is realistic to expect<br />

that to happen by the end of this century.<br />

I compare this struggle with previous<br />

civil rights struggles, such as the movements<br />

<strong>for</strong> women’s suffrage in the 19th<br />

and early 20th centuries, or the working<br />

class movement <strong>for</strong> suffrage around the<br />

same period, or the struggle to end apartheid<br />

in South Africa.<br />

In the first part of the book, I criticize<br />

current political science on the subject of<br />

global governance. I discuss concepts like<br />

governance and government, democracy,<br />

federalism and confederalism, or sovereignty,<br />

and define them in ways that allow<br />

us to view the world through a whole new<br />

frame, the frame of global democracy.<br />

In the second part, I present a picture of:<br />

• how our world government could democratize<br />

incrementally in the coming<br />

century,<br />

• how that would improve its effectiveness<br />

to cope with this century’s global<br />

challenges,<br />

• and, last but not least, what political<br />

<strong>for</strong>ces could drive the democratization<br />

process.<br />

Tad Daley tells of the East Berliners who,<br />

back in 1983, imagined a future without<br />

wall a hundred years later. Back in 1983,<br />

it was impossible to discern the political<br />

<strong>for</strong>ces that would lead to the collapse of<br />

the Berlin Wall only six years later. But<br />

today, it is possible to discern the political<br />

<strong>for</strong>ces that might bring about global<br />

democracy, and that is the story I tell in<br />

the book.<br />

For sixty years, the goals of the world<br />

federalist movement have been the cre-


ation of a democratic and federal world<br />

government. We are half-way there: we<br />

have a federal world government, albeit<br />

not a democratic one. We can be proud of<br />

being half-way in our journey. That is one<br />

lesson from the book.<br />

A second lesson is that we should be<br />

careful about how we communicate. We<br />

should not talk about world government<br />

in the future tense; we should talk about it<br />

in the present tense. That way, we will no<br />

longer be perceived as utopians. We will<br />

be perceived as relevant.<br />

Here is another thought experiment. Let’s<br />

imagine that <strong>Citizens</strong> <strong>for</strong> <strong>Global</strong> <strong>Solutions</strong><br />

(CGS) convinced many other NGOs to<br />

call the UN, the WTO, the IMF, the World<br />

Bank etc. “our global government”. Then,<br />

soon enough, journalists will pick up that<br />

phrase. And then people will start reading<br />

about their global government in the daily<br />

paper: “Today, our global government decided<br />

X on climate change”; “Today, our<br />

global government failed to make any<br />

decision on Darfur”. Then people will<br />

start asking: “Wait a minute, did I vote<br />

<strong>for</strong> these guys? And the idea of global democracy<br />

will take root.<br />

The third lesson is that it is easier to mobilize<br />

people against an actual and current<br />

harm than in favor of some benefits that<br />

they may get in the future. It is easier to<br />

mobilize people against the global apartheid<br />

than in favor of a stronger global<br />

government.<br />

Because of the “creation of a world government<br />

frame”, CGS has so far focused<br />

its energy on extending the reach of our<br />

global government. It focuses on “more<br />

global government” rather than on “fairer<br />

global government”.<br />

The current CGS priorities — Law of the<br />

Sea, the International Criminal Court,<br />

and UNEPS — are all examples of “more<br />

global government”. (However, some<br />

issues are relevant to both “more” and<br />

“fairer” global government.)<br />

By contrast, there is a big movement out<br />

there — the so-called anti-globalization<br />

movement — that puts more emphasis<br />

on “fairer” global government. It challenges<br />

the legitimacy of the WTO, the<br />

IMF and the World Bank rather than trying<br />

to extend their reach. There is also the<br />

peace movement, which mobilizes people<br />

against the injustice in Iraq.<br />

Some Americans lose their jobs because<br />

of WTO rules. Some Americans lose their<br />

sons & daughters because of the American<br />

veto in the Security Council, without<br />

which the Security Council might have<br />

explicitly outlawed the war against Iraq,<br />

which might have prevented that war. Our<br />

global government does affect the lives of<br />

Americans a lot. In some cases, it hurts<br />

them. And they do take notice.<br />

No wonder then, that trade unions, environmental<br />

organizations, and NGOs like<br />

the one I work <strong>for</strong>, Oxfam, have managed<br />

to mobilize millions of Americans against<br />

unfair trade agreements. No wonder then,<br />

that the peace movement has mobilized<br />

millions of Americans against the war in<br />

Iraq, and has managed to have a real impact<br />

on Congressional elections.<br />

By contrast, it is very hard to mobilize<br />

Americans in favor of the Law of the Sea<br />

or UNEPS, or other good causes to expand<br />

the reach of our global government.<br />

And working on selected issues such as<br />

the ICC or UNEPS is a niche <strong>for</strong> a small<br />

organization with limited resources. UN-<br />

EPS is an issue <strong>for</strong> which CGS can actually<br />

exercise leadership within the NGO<br />

community. By contrast, CGS’ voice<br />

would be barely audible in the debate between<br />

free traders and protectionists.<br />

But think about it another way.<br />

50 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

The organization I work <strong>for</strong>, Oxfam, is<br />

one of the largest global campaigning<br />

groups. We advocate on international<br />

trade, international finance, climate<br />

change, human rights issues, and many<br />

conflicts around the world. Yet we do not<br />

have a vision <strong>for</strong> global governance in the<br />

21st century. We try to influence scores<br />

of global public policies, but we barely<br />

try to influence global decision-making<br />

processes. Amnesty International, Greenpeace,<br />

the AFL-CIO, Peace Action, and<br />

others: many large US or global advocacy<br />

organizations work daily on important<br />

global public policy issues, without<br />

a vision <strong>for</strong> our global government. It is<br />

hard to convince the Senate to ratify the<br />

Law of the Sea. But it could be easier to<br />

convince other progressive organizations<br />

that they ought to pay attention to global<br />

decision-making processes as well as to<br />

global public policies.<br />

With CGS at a critical strategic juncture,<br />

I take this opportunity to propose devoting<br />

some of resources to a program that<br />

would specifically target big, progressive<br />

campaigning organizations to:<br />

• teach them how to talk about our global<br />

government,<br />

• help them analyze how their current advocacy<br />

is likely to affect our global government,<br />

and<br />

• encourage them to develop a vision <strong>for</strong><br />

our global government in the 21st century.<br />

I believe NGOs ought to challenge the<br />

World Bank or the WTO. But the way<br />

they do it can be either constructive or destructive.<br />

It can point to global democracy<br />

or to a reversal to global anarchy. CGS<br />

could play a very positive role of bringing<br />

along other organizations to consider how<br />

advocacy on their pet issue can impact the<br />

broader project of building global democracy.<br />

And of course, my book provides<br />

the intellectual framework necessary to<br />

do this.<br />

The fourth and last lesson I propose <strong>for</strong><br />

<strong>Citizens</strong> <strong>for</strong> <strong>Global</strong> <strong>Solutions</strong> is that we<br />

ought to be more critical and aggressive<br />

toward our world government. So far,<br />

CGS has always adopted a quite ambiguous<br />

attitude toward the UN system. On<br />

the one hand, we are very supportive of<br />

the UN. On the other, we call <strong>for</strong> lots of<br />

re<strong>for</strong>ms to strengthen both its legitimacy<br />

and effectiveness.<br />

In theory, there is no contradiction here.<br />

We support global solutions to global<br />

problems. So we support the current global<br />

institutions that can deliver such solutions,<br />

and at the same time, we call <strong>for</strong><br />

re<strong>for</strong>m, or <strong>for</strong> new institutions to promote<br />

solutions where current institutions fail.<br />

In practice, however, there often is a contradiction.<br />

It is hard to call <strong>for</strong> re<strong>for</strong>m of


an institution, and at the same time shield<br />

it and cocoon it. If you want to re<strong>for</strong>m an<br />

institution, it is better to create a sense of<br />

crisis around it. We should not fear another<br />

showdown at the Security Council.<br />

We should look <strong>for</strong>ward to it. Instead,<br />

whenever the UN is seriously challenged<br />

by nationalists, we run to the rescue. The<br />

antagonists of the UN have been very assertive,<br />

and they have scared us, but they<br />

are a minority. They are reactionaries.<br />

They are not the mainstream. They have<br />

much less influence on the second Bush<br />

Administration than they had on the first<br />

one. And they are likely to be even more<br />

marginalized or completely absent in the<br />

next administration. They will keep a<br />

blocking minority in the Senate <strong>for</strong> some<br />

time. But they are not powerful enough to<br />

bring the UN system down.<br />

Not only do we already have a world government,<br />

but that world government is<br />

here to stay. For it is backed by very powerful<br />

interests supporting the status quo in<br />

the UN system. I mentioned the 30,000<br />

pages of legal text of the WTO earlier.<br />

<strong>Global</strong> business stands squarely behind<br />

them. Think of more powerful interests<br />

than that!<br />

The United Nations is not about to collapse.<br />

Most if not all national governments<br />

want it to continue to play the roles<br />

it plays. The US public is also pro-UN by<br />

large margins. The next President of the<br />

United States just cannot ignore that. Even<br />

President Bush no longer ignores it.<br />

So the UN system does not need rescue;<br />

it needs re<strong>for</strong>m. And <strong>for</strong> that, <strong>Citizens</strong> <strong>for</strong><br />

<strong>Global</strong> <strong>Solutions</strong> should join other political<br />

<strong>for</strong>ces, like Oxfam and many other<br />

organizations that are part of the global<br />

movement <strong>for</strong> social justice. Together, we<br />

must challenge the legitimacy of the system,<br />

and challenge it hard.<br />

As long as the world federalist frame was<br />

to create a world government, it made<br />

sense to cocoon the global institutions that<br />

did exist. But if the world federalist frame<br />

becomes civil rights, we should challenge<br />

that government vigorously.<br />

If the powers that be eventually faced the<br />

choice between re<strong>for</strong>ming the UN or letting<br />

it collapse, I bet they would re<strong>for</strong>m<br />

it, because they need it, and know it. So<br />

let’s bring on the crisis that will <strong>for</strong>ce that<br />

choice!<br />

Joseph Schwartzberg, Professor Emeritus<br />

in Geography at the University of<br />

Minnesota and President of the Minnesopta<br />

Chapter of <strong>Citizens</strong> <strong>for</strong> <strong>Global</strong> <strong>Solutions</strong>,<br />

writes and lectures extensively<br />

on UN re<strong>for</strong>m and is writing a book titled<br />

Designs <strong>for</strong> a Workable World.<br />

III - CRITIQUE (Joseph Schwartzberg)<br />

Thanks to the originality of Didier Jacobs’ thinking, the logical organization of the text,<br />

the clarity and persuasiveness of his writing, and the excellent documentation of his<br />

sources, one can learn much from reading <strong>Global</strong> Democracy, especially in regard to<br />

the work of the WTO.<br />

I share his view that major global government re<strong>for</strong>ms are more likely to come about<br />

incrementally than via the wholesale process of UN Charter revision, though I would<br />

certainly not rule out the latter possibility.<br />

Also, I think his point is well taken that we already have some <strong>for</strong>m of “world government”,<br />

even though many people prefer to use the term “governance” instead, and I<br />

agree that we are likely to lose our intended audience if we insist on the need to “create”<br />

a world government where none exists.<br />

I am put off, however, by Mr Jacobs’ revisionist definitions of federalism and strong and<br />

weak confederalism. He uses the terms to relate not only to national governments,<br />

which is correct, but also to particular governmental institutions, which, in my view<br />

(following the work on federalism by the jurist K.C. Wheare) is incorrect. The key<br />

element of a federation in Wheare’s view is a constitutionally guaranteed division of<br />

powers between a central government and the constituent states (provinces, whatever)<br />

making up the nation over which the central government exercises some degree of<br />

authority. I am particularly critical of the notion that an institution such as the Security<br />

Council (among others) can be federal to some of its members and confederal to others.<br />

I know of no one else who uses the terms in the way that Didier Jacobs does. To his<br />

credit, he is consistent in his approach, but it is unconvincing.<br />

(Vanderbilt University Press, 2007)<br />

Another complaint is that I think he underestimates the lingering importance of assumptions<br />

about sovereignty. Admittedly, sovereignty — the ability of a nation to exert<br />

legal control over what takes place within its own borders — has been seriously compromised<br />

in most parts of the world, but nations continue to subscribe to the fiction that<br />

they are in control and conduct their international affairs accordingly.<br />

51 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


But to go to the heart of Didier Jacobs’ argument, I would agree that his recommendations<br />

are plausible and that, if they were to play out in the way that he advocates, the<br />

world would be a great deal better off than it is today. But “plausible” does not translate<br />

into “probable” or “most desirable”.<br />

Basically, what he seems to be arguing — although never stated explicitly — is <strong>for</strong><br />

by-passing the fundamentally flawed and insufficiently democratic UN system and<br />

strengthening and/or creating “second-tier” institutions, most notably NATO (renamed)<br />

and the WTO, under the leadership of mainly Western democracies, to per<strong>for</strong>m tasks<br />

that the UN is insufficiently capable of doing well. I believe that approach would tend<br />

to polarize the world, with a group of nations, led mainly by China, in one camp and<br />

another group, led mainly by the US, in the other. My sense is that the US has, in the<br />

last couple of decades (and especially in the G.W. Bush years), so badly compromised<br />

its own moral authority, brain-washed its own citizenry, and promoted a wildly inaccurate<br />

view of the rest of the world, that we have <strong>for</strong>feited whatever claim to leadership<br />

we once enjoyed. I think it will take decades to repair the damage. Moreover, I would<br />

<strong>for</strong>esee the process of building up communities of “democratic” membership in the<br />

second-tier institutions as being subject to perennial political pressures and the acceptance<br />

of double standards such that our friends will time and again be given the benefit<br />

of the doubt and be seen as democratic, whereas nations whose <strong>for</strong>eign and economic<br />

policies we don’t happen to like will be branded as despotic.<br />

My own preference would be to re<strong>for</strong>m and strengthen the existing organs, to create<br />

needed new organs under the UN umbrella, and to make all such organs, with the sole<br />

exception of the UN Human Rights Council, maximally inclusive. I would be prepared<br />

to give a voice to those with whom I now strongly disagree in the expectation that doing<br />

so is likely, over time, to lessen the gulf between their views and my own. The best<br />

way to move undemocratic nations in the direction of greater democracy, in my opinion,<br />

is to maintain polities, social systems and economies that much of the populations<br />

in the world’s less democratic societies will wish to emulate, just as they now emulate<br />

so much of Western culture. The process is not likely, in my view, to play itself out any<br />

more slowly than the one that Mr Jacobs recommends. Regrettably, neither he nor I<br />

has a crystal ball to ascertain whether future change will be more along the path that he<br />

recommends than along the one that I favor.<br />

<strong>Global</strong> democracy is, Didier Jacobs argues,<br />

an idea whose time has come – and<br />

he is surely right about that. Drawing on<br />

his extensive experience in economics,<br />

international affairs, and as a citizen of<br />

the European Union, Jacobs presents<br />

a concise, clear, and realistic case <strong>for</strong><br />

moving <strong>for</strong>ward on what is likely to be<br />

the great civil rights struggle of the 21st<br />

century. This is a book that everyone interested<br />

in creating a better world should<br />

read, discuss, and act upon.<br />

- Peter Singer,<br />

Princeton University.<br />

<strong>Global</strong> Democracy tackles one of the<br />

most important questions of our time:<br />

how to bring global governance under<br />

a modicum of democratic control. In<br />

the age of “governance without government”,<br />

Didier Jacobs reminds us that<br />

institutions matter, and that the concept<br />

of political equality is as relevant at the<br />

global level as it is at the national level.<br />

- David Held,<br />

London School of Economics<br />

IV - RESPONSE (Didier Jacobs)<br />

The world is changing, and I propose new definitions <strong>for</strong> familiar words to reflect that<br />

change. The boundaries between states and international institutions are increasingly<br />

blurred. Most analysts agree that international institutions engage in “global public<br />

policy”, and refer to them with increasingly convoluted terms such as “system of global<br />

governance”. Why not simply call them what they are: “our global government”? I<br />

believe in the power of ideas, and the power of words. If most activists referred to the<br />

UN, World Bank, WTO etc. as “our global government”, the media would soon take<br />

on that phrase, and people would question why they do not elect representatives to that<br />

government.<br />

“<strong>Global</strong> governance” is little more than a euphemism hiding the lack of democracy at<br />

the global level of government. Likewise <strong>for</strong> “federalism”. Joe Schwartzberg may be<br />

nostalgic of a neat definition of federalism that was useful in the past. But what is the<br />

essence of a federation and of a confederation? The essence of the difference is that the<br />

federated entities can escape the rules of a confederation (either by vetoing them or by<br />

opting out of them) but can be <strong>for</strong>ced to abide by them in a federation (no veto or optout<br />

right). By that simple definition, the WTO has de facto achieved world federalism<br />

by stealth. World federalism is no longer a utopia, it is reality! And the task is now to<br />

democratize our federal world government.<br />

The future that I advocate is one where<br />

the United Nations continues to play the<br />

roles it plays today, as well as it can, but<br />

where nations that are willing to cooperate<br />

more closely to build a better world do<br />

so in various international <strong>for</strong>ums. Two<br />

principles should guide those “secondtier”<br />

institutions: inclusiveness and sharing<br />

power. Inclusiveness means that all<br />

nations willing to respect more demanding<br />

rules of cooperation should be welcome<br />

to join: nations would stay out only<br />

because they are not willing to abide by<br />

the rules, not because they are not invited<br />

in the first place. Sharing power ultimately<br />

means applying majority voting with<br />

the “one person, one vote” rule, although<br />

there can be many intermediate steps to<br />

get there. So, contrary to Joe Schwartzberg’s<br />

understanding, this is not the old<br />

model of US-led alliance.<br />

52 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


BOOK REVIEW<br />

The Great Experiment:<br />

The Story of Ancient Empires, Modern States,<br />

and the Quest <strong>for</strong> a <strong>Global</strong> Nation<br />

by Strobe Talbott<br />

Ronald J. Glossop<br />

3 April <strong>2008</strong><br />

Ronald J. Glossop, Professor Emeritus<br />

at Southern Illinois University-Edwardsville<br />

(SIUE), is Chair of the Steering<br />

Committee of the World Federalist Institute<br />

of <strong>Citizens</strong> <strong>for</strong> <strong>Global</strong> <strong>Solutions</strong>. He<br />

is the author of World Federation?<br />

(1994) & Confronting War (4th ed., 2001).<br />

Strobe Talbott, president of the Brookings Institute, provides us an excellent overview<br />

of human political history enriched by personal experiences and comments, all organized<br />

to show how humanity is slowly but surely creating ever larger political units to<br />

the point where now the next step is a creation of a global nation, a politically unified<br />

community that encompasses the whole Earth. Talbott gave us his general viewpoint in<br />

his 1992 article in TIME when he said, “I’ll bet that within the next hundred years . . .<br />

nationhood as we know it will be obsolete; all states will recognize a single, global<br />

authority” (pp. 126-27). He now adds, “I have qualified my <strong>for</strong>ecast somewhat, but<br />

not in essence” (p. 127). The book’s vast historical sweep, apparent in the subtitle, is<br />

also evident in the three parts into which the 405-page survey is divided: “The Imperial<br />

Millennia” (roughly up to 1914), “The American Centuries” (roughly up to the end of<br />

the Cold War in 1990), and “The Unipolar Decades” (from 1991 to the present). There<br />

are also another 71 pages of notes in this carefully documented work.<br />

This book is a dramatic erudite narrative of human history told by a top-notch American<br />

scholar with an insider’s view of current events. Strobe Talbott and Bill Clinton<br />

shared a house while both were Rhodes Scholars at Ox<strong>for</strong>d University (p.17), and<br />

Talbott later was asked by Clinton to be his Deputy Secretary of State. Talbott’s own<br />

account of his life and career, which includes 21 years with TIME, is in the “Introduction”<br />

(page 11).<br />

World federalists will especially enjoy reading chapter 10 titled “The Master Builder”,<br />

which covers the end of World War II, the beginning of the UN, and the all-too-brief<br />

flourishing of the world federalist movement. Most readers will be surprised to learn<br />

that Harry Truman, from the time he graduated from high school in 1901, carried a<br />

scrap of paper in his wallet on which were written 12 lines of Alfred Lord Tennyson’s<br />

poem “Locksley Hall”, including the lines “Till the war-drum throbbed no longer, and<br />

the battle-flags were furl’d, In the Parliament of Man, the Federation of the World”.<br />

Talbott notes that “Truman recopied this text by hand as many as <strong>for</strong>ty times during<br />

his life” (p.184) and that in a 1951 conversation with author John Hersey Truman said,<br />

“Notice that part about universal law. … We’re going to have that someday. I guess<br />

that’s what I’ve really been working <strong>for</strong> ever since I first put that poetry in my pocket”<br />

(p. 210).<br />

The Great Experiment: The Story of<br />

Ancient Empires, Modern States, and the<br />

Quest <strong>for</strong> a <strong>Global</strong> Nation<br />

by Strobe Talbott<br />

(New York, London, Toronto, Sydney:<br />

Simon & Schuster, <strong>2008</strong>)<br />

The negative reaction of world federalists to the UN plus their arguments <strong>for</strong> a radical<br />

change are described in detail. One example is this quotation from Einstein’s September<br />

1945 letter to J. Robert Oppenheimer: “The wretched attempts to achieve international<br />

security, as it is understood today by our governments, do not alter at all<br />

the political structures of the world, do not recognize at all the competing sovereign<br />

nation-states as the real cause of conflicts. Our governments and the people do not<br />

seem to have drawn anything from past experience and are unable or unwilling to think<br />

the problem through. The conditions existing today <strong>for</strong>ce the individual states, <strong>for</strong> the<br />

sake of their own security based on fear, to do all those things which inevitably produce<br />

war. At the present state of industrialism, with the existing complete integration<br />

53 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


of the world, it is unthinkable that we can<br />

have peace without a real governmental<br />

organization to create and en<strong>for</strong>ce law on<br />

individuals in their international relations.<br />

Without such an over-all solution to give<br />

up-to-date expression to the democratic<br />

sovereignty of the peoples, all attempts to<br />

avoid specific dangers in the international<br />

field seem to me illusory” (p. 197).<br />

The book also contains several statements<br />

that suggest that world federalist<br />

ideas are having some influence in unexpected<br />

places. For example, Talbott notes<br />

that in the first edition of his 1948 classic<br />

Politics Among Nations prominent<br />

realist political theorist Hans Morgenthau<br />

observed that “the argument of the advocates<br />

of the world state is unanswerable.<br />

There can be no permanent international<br />

peace without a state coextensive with<br />

the confines of the political world [and]<br />

a radical trans<strong>for</strong>mation of the existing<br />

international society of sovereign nations<br />

into a supranational community of individuals”<br />

(p. 198). In 1992 Ronald Reagan<br />

said that he could <strong>for</strong>esee “a standing UN<br />

<strong>for</strong>ce — an army of conscience — that<br />

is fully equipped and prepared to carve<br />

out human sanctuaries through <strong>for</strong>ce if<br />

necessary” (p. 258). In his 2006 farewell<br />

address at the Truman Library and<br />

Museum in Independence, Missouri, UN<br />

Secretary-General Kofi Annan said, “The<br />

United States has given the world an example<br />

of a democracy in which everyone,<br />

including the most powerful, is subject<br />

to legal restraint. Its current moment of<br />

world supremacy gives it a priceless opportunity<br />

to entrench the same principles<br />

at the global level” (p. 391).<br />

Talbott provides interesting inside accounts<br />

of crucial events and international<br />

meetings during the years of the Clinton<br />

administration as well as an insightful<br />

analysis of the actions and views of individuals<br />

in the current Bush administration.<br />

His last chapter, “The Crucial Years,” focuses<br />

on the upcoming U.S. Presidential<br />

election and the policies Talbott believes<br />

the United States should adopt as well as<br />

the issues that must be addressed. “The<br />

next administration should . . . waste no<br />

time in demonstrating that respect <strong>for</strong> international<br />

law is once again part of the<br />

bedrock of U.S. <strong>for</strong>eign policy” (p. 393).<br />

There should be greater support <strong>for</strong> the<br />

United Nations, but beyond that “the UN<br />

needs to be incorporated into an increasingly<br />

variegated network of structures<br />

and arrangements — some functional in<br />

focus, others geographic; some intergovernmental,<br />

others based on systematic<br />

collaboration with the private sector, civil<br />

society, and NGOs” (p. 394). The United<br />

States should “encourage regional organizations<br />

to develop their own capacities<br />

as well as habits of cooperation with one<br />

another and with the UN itself” (p. 395).<br />

Also “ensuring a peaceful twenty-first<br />

century will depend in large measure on<br />

narrowing the divide between those who<br />

feel like winners and those who feel like<br />

losers in the process of globalization” (p.<br />

395).<br />

With regard to the most urgent problems<br />

to be tackled, Talbott points to “two clear<br />

and present dangers. One is a new wave<br />

of nuclear-weapons proliferation; the other<br />

is a tipping point in the process of climate<br />

change. These mega-threats can be<br />

held at bay in the crucial years immediately<br />

ahead only through multilateralism<br />

on a scale far beyond anything the world<br />

has achieved to date” (p. 395). Talbott<br />

concludes with this comment: “By solving<br />

[these] two problems that are truly<br />

urgent, we can increase the chances that<br />

eventually . . . the world will be able to<br />

ameliorate or even solve other problems<br />

that are merely very important. Whether<br />

future generations make the most of such<br />

a world, and whether they think of it as a<br />

global nation or just as a well-governed<br />

international community, is up to them.<br />

Whether they have the choice is up to<br />

us” (p. 401). It seems to this reviewer<br />

that Talbott strays from his own basic insights<br />

when he suggests that the nuclear<br />

proliferation problem might be resolved<br />

by multilateralism on a grand scale in the<br />

absence of a prior revolutionary change<br />

to the global nation system (that is, to a<br />

world federation) which would substantially<br />

restrict national sovereignty.<br />

54 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

Eva B. Olds<br />

5 November 1922 – 5 April <strong>2008</strong><br />

This issue is respectfully dedicated<br />

to the memory of Eva B. Olds, a<br />

friend of <strong>Minerva</strong>, whose life was<br />

devoted to pioneering multiple roles<br />

<strong>for</strong> women. “My mother comes from<br />

the Pleiades – all sparkle,” writes her<br />

daughter, Professor Linda Olds.<br />

Notes<br />

&<br />

Resources<br />

HUMAN SECURITY:<br />

STUDENT ATTITUDES<br />

In its early phases, Paul Evans’ University<br />

of British Columbia web-based<br />

course, “Human Security in the Emerging<br />

International System”, gathered more<br />

than 25 definitions of human security in<br />

many different languages, ranging “from<br />

those that are comprehensive and holistic<br />

to those that are narrow and focused. Using<br />

such a continuum, Lloyd Axworthy’s<br />

focus on humanitarian interventionism<br />

is considered biased towards the narrow<br />

side, while those interested in both<br />

conflict and development are considered<br />

broad.” As early as 2001, Evans reported<br />

(at a Harvard JFK School of Government<br />

workshop on “Measurement of Human<br />

Security”) “an interesting ‘generational<br />

gap’ appearing — students instinctively<br />

lean towards the comprehensive approach<br />

and are unbothered by challenges to traditional<br />

notions of sovereignty”.<br />

~<br />

GLOBAL HUMAN SECURITY<br />

REPORT<br />

At the same conference in 2001, Andrew<br />

Mack announced that he would shift from<br />

Harvard to the University of British Co-


lumbia to develop a “<strong>Global</strong> Human Security<br />

Report” focusing on violence (war,<br />

conflict, crime, genocide, human rights<br />

abuses). In his remarks on that occasion,<br />

he emphasized that understanding the<br />

concept of human security is “not purely<br />

an issue of analytics, but also of shared<br />

political and moral values”; however, “focus<br />

and coherence are necessary in any<br />

individual research activity if human security<br />

is not to be discredited, in the way<br />

that ‘structural violence’ was”, he commented.<br />

Mack asserted that the report was<br />

needed because the “UN does not have a<br />

research culture”, and “security-development-governance”<br />

need to be brought together.<br />

Although there would be data constraints,<br />

of course, the Report would try<br />

to develop a composite index, including<br />

ranking of countries, with a view toward<br />

prevention of violence.<br />

The first Human Security Report was issued<br />

in 2005. It was produced by the Human<br />

Security Report Project, then located<br />

at the University of British Columbia’s<br />

Human Security Centre, now (since May<br />

2007) at the School <strong>for</strong> International Studies,<br />

Simon Fraser University, Vancouver.<br />

FMI: www.humansecurityreport.info<br />

~<br />

HUMAN SECURITY UNIT<br />

The Human Security Unit (HSU) was<br />

established in May 2004 in the United<br />

Nations Office <strong>for</strong> the Coordination of<br />

Humanitarian Affairs (OCHA) “to integrate<br />

human security in all UN activities.<br />

By combining the management of the<br />

United Nations Trust Fund <strong>for</strong> Human<br />

Security (UNTFHS) with the dissemination<br />

and promotion activities on human<br />

security, the HSU plays a pivotal role in<br />

translating the concept of human security<br />

into concrete activities and highlighting<br />

the added value of the human security<br />

approach as proposed by the Advisory<br />

Board on Human Security (ABHS)”.<br />

~<br />

COPENHAGEN CONSENSUS<br />

(a) PEACEKEEPING<br />

A report claiming to be the first cost-benefit<br />

analysis of UN peacekeeping initiatives,<br />

based on a study of civil conflicts<br />

around the world over the past four decades,<br />

has been prepared <strong>for</strong> the Copenhagen<br />

Consensus, a project to analyze the<br />

costs and benefits of various solutions to<br />

world problems. It finds that “the international<br />

community would get better value<br />

<strong>for</strong> money from peacekeeping operations<br />

if it created a standing military <strong>for</strong>ce to<br />

come to the rescue of democracies threatened<br />

by coup or civil war. … It argues that<br />

peacekeeping is even more cost-effective<br />

when provided in the <strong>for</strong>m of an ‘over the<br />

horizon’ security guarantee — a commitment<br />

to send in <strong>for</strong>eign troops if needed”<br />

(Reuters, 22 April <strong>2008</strong>). In a telephone<br />

interview with Reuters, report co-author<br />

Paul Collier, professor at Ox<strong>for</strong>d University’s<br />

Centre <strong>for</strong> the Study of African<br />

Economies said: “It would be much better<br />

if it were just regularised as UN guarantees<br />

instead of … ad hoc, hit-and-miss<br />

<strong>for</strong>mer colonial (arrangements).”<br />

The Copenhagen Consensus Center<br />

“analyzes<br />

the world’s greatest challenges and<br />

identifies cost-efficient solutions to meeting<br />

these challenges. The Center works<br />

with multilateral organizations, governments<br />

and other entities concerned with<br />

mitigating the consequences of the challenges<br />

which the world is facing. With the<br />

process of prioritization, the center aims to<br />

establish a framework in which solutions<br />

to problems are prioritized according to<br />

efficiency based upon economic and scientific<br />

analysis of distinct subjects.”<br />

It was conceived and is headed by a controversial<br />

figure in studies of climate<br />

change amelioration, Bjørn Lomborg,<br />

author of The Skeptical Environmentalist<br />

and then-director of the Danish government’s<br />

Environmental Assessment Institute.<br />

The initial project was co-sponsored<br />

by the Denmark and The Economist newspaper.<br />

A book summarizing the Copenhagen<br />

Consensus 2004 conclusions, <strong>Global</strong><br />

Crises, <strong>Global</strong> <strong>Solutions</strong>, edited by Lomborg,<br />

was published in October 2004 by<br />

Cambridge University Press. After the<br />

project’s first two conferences of economists,<br />

the Center itself was established at<br />

the Copenhagen Business School, to organize<br />

the <strong>2008</strong> conference.<br />

55 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

(b) MALNUTRITION<br />

The <strong>2008</strong> Copenhagen Consensus results<br />

were issued on 30 May, reportedly after<br />

an expert panel assessed over two years<br />

of reseach by more than 50 economists to<br />

make a prioitized list of 30 specific solutions<br />

to “some of the biggest challenges<br />

facing the world”. Ranked #1: nutrition<br />

<strong>for</strong> the 150 million childrn who are undernourished.<br />

~<br />

FOOD<br />

Ahead of the World Bank meeting in April,<br />

with drastically rising food prices provoking<br />

unrest in developing countries, Bank<br />

head Robert Zoellick proposed <strong>for</strong> discussion<br />

“a massive, coordinated international<br />

plan to reduce hunger”, a “new deal” <strong>for</strong><br />

global food policy, according to Agence<br />

France-Presse. The International Monetary<br />

Fund, at its spring meetings in Washington,<br />

already had issued a dire warning about<br />

potential “terrible consequences” of the<br />

food crisis. At a closing news conference,<br />

IMF managing director Dominque Strauss-<br />

Kahn said that development gains made in<br />

the past five or 10 years could be “totally<br />

destroyed” and that resulting social unrest<br />

could lead to war.<br />

Thirty-seven countries currently face food<br />

crises, according to the Food and Agriculture<br />

Organization.<br />

~<br />

MANAGING CHANGE AT UN<br />

New publication from the Center <strong>for</strong> UN<br />

Re<strong>for</strong>m Education: Managing Change at<br />

the United Nations .<br />

~<br />

BULLETIN ON FEDERALISM<br />

The Centre <strong>for</strong> Studies on Federalism<br />

(Turin, Italy) announced in February a<br />

new issue (3/2007) of the Bibliographical<br />

Bulletin on Federalism, available at<br />

. The online Bulletin<br />

“provides a timely update on new articles<br />

on federalism and an archive useful<br />

to researchers all over the world”, cover-


ing “specific topics related to federalism,<br />

such as the theory and practice of federal<br />

states; multi-level systems of government<br />

and governance; the theory, practice and<br />

re<strong>for</strong>m of international organisations; processes<br />

of regional integration; federalism<br />

as a political idea. The specific policies of<br />

federal polities are not considered other<br />

than as case studies relevant to institutional<br />

and theoretical arguments, strictly<br />

related to federal ideas and structures.”<br />

~<br />

PUBLICATIONS ABOUT ICC<br />

In The Politics of Constructing the International<br />

Criminal Court: NGOs, Discourse,<br />

and Agency (May <strong>2008</strong>), Michael<br />

J. Struett of North Carolina State University<br />

writes: “It should be clear that the<br />

NGOs’ countless written and verbal interventions,<br />

in <strong>for</strong>mal and in<strong>for</strong>mal settings,<br />

decisively shaped the final result on virtually<br />

every provision of the statute. That<br />

outcome can only be explained through<br />

the logical <strong>for</strong>ce of the communicatively<br />

rational arguments put <strong>for</strong>th by NGOs.”<br />

Courting Conflict? Peace, Justice and the<br />

ICC in Africa (March <strong>2008</strong>), by Nicholas<br />

Waddell and Phil Clark, includes essays<br />

by individuals belonging to several CICC<br />

member organizations .<br />

The War Crimes Research Office (WCRO)<br />

at American University’s recent report<br />

(March <strong>2008</strong>), “The Gravity Threshold of<br />

the International Criminal Court”, reviews<br />

“the underlying purpose of the threshold<br />

as understood by the drafters of the Rome<br />

Statute, analyses the application of gravity<br />

in the situations and cases that have<br />

come be<strong>for</strong>e the Court thus far, and offers<br />

recommendations aimed at clarifying<br />

both the objectives of the threshold and<br />

the factors relevant to its satisfaction”<br />

.<br />

In his February <strong>2008</strong> briefing titled “The<br />

Justice Dilemma in Uganda”, United<br />

States Institute of Peace Rule of Law<br />

program adviser Scott Worden provides a<br />

background of the Ugandan conflict and<br />

offers recommendations on how to move<br />

<strong>for</strong>ward with a comprehensive justice<br />

plan .<br />

“Prosecuting Aggression”, Noah Weisbord’s<br />

article in the winter <strong>2008</strong> issue of<br />

the Harvard International Law Journal,<br />

puts the current negotiations on this issue<br />

in the context of past initiatives, begins to<br />

<strong>for</strong>ecast prosecutorial challenges created<br />

by alternative <strong>for</strong>mulations, and identifies<br />

the main prosecutorial challenges common<br />

to all <strong>for</strong>mulations to consider how a<br />

case against a political or military leader<br />

<strong>for</strong> the crime of aggression might look<br />

.<br />

“Puissances et impuissances de la Cour<br />

pénale internationale: des ambiguïtés de<br />

la notion de complémentarité”, an article<br />

by Benjamin Bibas & Emmanuel Chicon<br />

in the French online magazine Mouvements<br />

(13 April <strong>2008</strong> ),<br />

offers<br />

an assessment of the work of the ICC on<br />

the occasion of the tenth anniversary of<br />

the Rome Statute, focusing primarily on<br />

the principle of complementarity.<br />

According to the Coalition <strong>for</strong> the International<br />

Criminal Court, Dr Cenap Çakmak,<br />

in “Civil Society Actors in International<br />

Law and World Politics: Definition, Conceptual<br />

Framework, Problems” (International<br />

Journal of Civil Society Law, January<br />

<strong>2008</strong> ),<br />

explores “the relationship between transnational<br />

civil society organizations and<br />

the rise of a new, participatory, and pluralistic<br />

global governance. Dr Çakmak<br />

uses the CICC as an indicator of this phenomenon,<br />

pointing to the Coalition’s truly<br />

global nature, links with governmental<br />

authorities, and its position as a leading<br />

<strong>for</strong>ce behind adoption of the Rome Statute<br />

and the ICC.”<br />

~<br />

ICC GENDER REPORT CARD<br />

56 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong><br />

On 30 November 2007, the Women’s<br />

Initiatives <strong>for</strong> Gender Justice launched<br />

the Gender Report Card on the International<br />

Criminal Court <strong>for</strong> 2007 at the Assembly<br />

of States Parties in New York. It<br />

was the third year that the WIGJ Gender<br />

Justice Gender Report Card provided an<br />

overview and assessment of each of the<br />

situations where the ICC is conducting its<br />

investigations, the charges, major judicial<br />

decisions during the year, the developments<br />

in jurisprudence regarding victims’<br />

participation, and the institutional developments<br />

at the ICC regarding appointments<br />

and policies. The Gender Report<br />

Card 2007 and the speech given at the<br />

launch by the WIGJ Executive Director,<br />

Brigid Inder, are available at .<br />

~<br />

HUMAN TRAFFICKING REPORT<br />

The US Department of State released the<br />

<strong>2008</strong> Trafficking in Persons Report on 4<br />

June <strong>2008</strong>. This eighth annual report, covering<br />

the globe during the period of April<br />

2007 through March <strong>2008</strong>, serves as the<br />

US government’s “primary diplomatic<br />

tool to encourage partnerships and determination”<br />

in counteracting human trafficking.<br />

It may be downloaded at .<br />

~<br />

DRC DOCUMENTARY<br />

In Lisa F. Jackson’s film, “The Greatest<br />

Silence: Rape in the Congo” (Special Jury<br />

Prize, Sundance <strong>2008</strong>), she talks to survivors,<br />

caregivers, law en<strong>for</strong>cement officials,<br />

UN peacekeepers, and some rapists.<br />

~<br />

CHILD SOLDIERS REPORT<br />

The Coalition to Stop the Use of Child<br />

Soldiers issued its first report since 2004<br />

in May. It describes current patterns of<br />

child soldier use, early effects of bringing<br />

perpetrators be<strong>for</strong>e the ICC & the Special<br />

Court <strong>for</strong> Sierra Leone, and major shortcomings<br />

in programs to reintegrate child<br />

combatants. In addition to the important<br />

example of high-level prosecutions, “it is<br />

really important that recruiters face consequences,”<br />

said Coalition Director Victoria<br />

Forbes Adam.


~<br />

THE COUNCIL OF<br />

WOMEN WORLD LEADERS<br />

The Council is a network of current and<br />

<strong>for</strong>mer women prime ministers, presidents,<br />

and cabinet ministers whose mission<br />

is to “mobilize the highest level of<br />

global women leaders <strong>for</strong> collective action<br />

on issues of critical importance to<br />

women and equitable development”. It<br />

has ten years of experience convening<br />

women leaders and working with grassroots<br />

organizations and multilateral institutions.<br />

The Advisory Group of the<br />

Council includes six male <strong>for</strong>mer heads<br />

of state. FMI: www.cwwl.org<br />

~<br />

WOMEN LEADERS<br />

INTERCULTURAL FORUM<br />

WLIF, a program of Realizing Rights:<br />

the Ethical <strong>Global</strong>ization Initiative, is a<br />

network of women leaders of different<br />

generations, cultures and professional<br />

disciplines, committed to “bringing about<br />

a more secure and just world”. It aims<br />

to “increase the participation of women<br />

leaders in conflict resolution and in policy-making<br />

on security by supporting<br />

the ef<strong>for</strong>t of principled women leaders<br />

and coordinating diplomatic missions of<br />

women leaders to areas of acute crisis”.<br />

FMI: www.realizingrights.org<br />

Both The Council of Women World Leaders<br />

and the Women Leaders Intercultural<br />

Forum are working to support the International<br />

Colloquium on Women’s Empowerment,<br />

Leadership Development,<br />

International Peace and Security in Liberia<br />

in March 2009, to be co-convened by<br />

Liberian President Ellen Johnson Sirleaf<br />

and President Tarja Halonen of Finland.<br />

At a planning meeting in Liberia in January<br />

<strong>2008</strong>, WLIF organized workshops<br />

on “The Economics of Insecurity” and<br />

“Gender and Climate Change”. WLIF<br />

also is responsible <strong>for</strong> coordinating the<br />

Colloquium’s content on international<br />

peace and security. The Council of Women<br />

World Leaders is serving as Vice-Chair<br />

<strong>for</strong> North America, working closely with<br />

counterparts in Europe and Africa.<br />

~<br />

WOMEN’S LEARNING<br />

PARTNERSHIP<br />

& GLOBAL SECURITY SUMMIT<br />

At the November 2007 <strong>Global</strong> Security<br />

Summit, President Mahnaz Afkhami committed<br />

the WLP to support the outcomes<br />

by producing and distributing training<br />

materials <strong>for</strong> political participation that<br />

will emphasize “tran<strong>for</strong>mational leadership”<br />

and democratic processes. A manual<br />

translated into the 17 languages used by<br />

WLP’s partner organizations in 20 countries<br />

in the global south will document the<br />

experience and expertise of Palestinian<br />

women and women in Afghanistan, Iran,<br />

Kyrgyzstan, Lebanon, Nigeria, and Zimbabwe<br />

in peacebuilding & conflict resolution<br />

and present curricula <strong>for</strong> women<br />

activists to strengthen their organizations.<br />

The purposes are to “use technology <strong>for</strong><br />

advocacy and networking, engage young<br />

women and men in democratic leadership<br />

and human rights advocacy with curricula<br />

and trainings designed … <strong>for</strong> them, and<br />

connect women‘s organizations from the<br />

global south, especially Muslim majority<br />

countries, with women in the developed<br />

world so that they may collaborate, support<br />

and learn from one another”. FMI:<br />

www.learningpartnership.org<br />

~<br />

REAL SECURITY FILM<br />

Under the auspices of the Annenberg<br />

Foundation Trust at Sunnylands, Iris<br />

Films, a non-profit company “dedicated<br />

to making films that address social justice<br />

issues”, is producing a documentary,<br />

“Real Security”, observing the work of<br />

Betty Bigombe, <strong>for</strong>mer Minister of State<br />

from Uganda, Brazilian Minister of the<br />

Environment Marina Silva, a <strong>for</strong>est activist,<br />

and Sarah Sewall, director of the Carr<br />

Center <strong>for</strong> Human Rights at Harvard.<br />

~<br />

WOMEN’S EARTH ALLIANCE<br />

According to Melinda Kramer, founding<br />

director of the Women’s Earth Alliance<br />

(interviewed by Rhyen Coombs in World<br />

Pulse, 1 April <strong>2008</strong>), the Alliance is “a<br />

global organization that links women<br />

working in environmental sustainability<br />

from around the world. And we provide<br />

opportunities <strong>for</strong> women to exchange<br />

resources, share best practices, build alliances<br />

around various environmental<br />

issues, and really amplify the voices of<br />

women [on] environmental sustainability.<br />

In particular, we have a focus on water<br />

because women are so inextricably<br />

linked to issues of water.” The Alliance is<br />

working with GROOTS in Kenya, which<br />

specializes in women’s collectives & cooperatives;<br />

the Green Belt Movement; A<br />

Single Drop, based in the Philippines; and<br />

a small international organization called<br />

Crabgrass. An African-led continental<br />

training conference that the Alliance<br />

planned <strong>for</strong> March in Kenya had to be<br />

postponed because of the turmoil there.<br />

The Alliance also has a “Trans<strong>for</strong>mative<br />

Advocacy” project, linking women professionals<br />

in environmental justice law<br />

and other specialties with local women<br />

activists to collaborate on “a particular issue<br />

in a particular region based on a stated<br />

need” — beginning this month with Native<br />

American women in the southwest.<br />

FMI: www.womensearthalliance.org<br />

~<br />

INTERCULTURAL SPACES<br />

The Irish Royal Academy organized a<br />

symposium in 2003, calling <strong>for</strong> thought<br />

on the inextricable links between culture<br />

& language & identity as their “conflicts<br />

and synergies” shift in a “globalized”<br />

world with its “plethora of intercultural<br />

spaces”, featuring both intense cultural<br />

exchange and seemingly growing intolerance.<br />

In the recently resulting book, Intercultural<br />

Spaces: Language-Culture-Identity,<br />

edited by Aileen Pearson-Evans and<br />

Angela Leahy (New York, Peter Lang,<br />

2007, 301pp), various conference participants<br />

— from the worlds of politics, literature,<br />

education and the theater and from<br />

different geographical backgrounds — attempt<br />

to discern the characteristics of the<br />

cultural cross-currents in order to define<br />

and emphasize the positive and minimize<br />

the negative.<br />

57 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


~<br />

EXPLORATION FUND<br />

George Soros announced in March the<br />

creation of a $2million fund at the Open<br />

Society Institute to help prompt some<br />

risk-taking and entrepreneurship among<br />

scholars, journalists, and activists working<br />

on “national security; citizenship,<br />

membership and marginalization; authoritarianism;<br />

and new strategies and tools<br />

<strong>for</strong> advocacy”.<br />

~<br />

ROBOTS<br />

Fans of robots named “<strong>Minerva</strong>” will<br />

want to know, thanks to <strong>Minerva</strong> reader<br />

Mary Ellen Crowley, that there are several,<br />

including a <strong>Minerva</strong> robot that gave<br />

tours in the Smithsonian National Museum<br />

of American History, a <strong>Minerva</strong><br />

trans<strong>for</strong>mer robot (Japanese cartoon), a<br />

<strong>Minerva</strong> LEGO robot, and a robot system<br />

<strong>for</strong> neurosurgery named MINERVA!<br />

The Department of Public Affairs at<br />

JAXA, the Japan Aerospace Exploration<br />

Agency, believes <strong>Minerva</strong> readers will<br />

enjoy knowing more about their exploration<br />

rover as follows:<br />

“JAXA and IHI Aerospace have<br />

cooperatively developed the asteroid<br />

exploration rover ‘MINERVA’, which<br />

stands <strong>for</strong> MIcro Nano Experimental Robot<br />

Vehicle <strong>for</strong> Asteroid. MINERVA has<br />

the unique mobility by hopping, which is<br />

specialized in the micro-gravity environment.<br />

The weight of MINERVA is about<br />

0.6[kg]. MINERVA has 3 CCD cameras<br />

to observe the surface precisely and 6<br />

thermometers to measure the temperature<br />

of the surface. MINERVA has on-board<br />

computer with high per<strong>for</strong>mance to explore<br />

autonomously.<br />

“MINERVA is the first small<br />

body exploration rover in the world,<br />

which was taken to the asteroid 1998SF36<br />

by Japanese spacecraft “Hayabusa”. On<br />

12th November 2005, MINERVA was<br />

deployed by Hayabusa spacecraft. Un<strong>for</strong>tunately<br />

MINERVA could not arrive at<br />

the surface of the asteroid, but Hayabusa<br />

could communicate with MINERVA and<br />

confirm that the health of MINERVA was<br />

good.”<br />

<strong>Minerva</strong> photo courtesy of JAXA<br />

Back cover:<br />

A Grazing Encounter Between Two Spiral Galaxies<br />

(NGC 2207 and IC2163)<br />

Credit: NASA and The Hubble Heritage Team (STScI) - This image was created from<br />

3 separate pointings of Hubble. The Wide Field Planetary Camera 2 data sets were<br />

obtained by Debra Meloy Elmegreen (Vassar College), Bruce G. Elmegreen (IBM Research<br />

Division), Michele Kaufman (Ohio State Unniversity), Elias Brinks (Universidad<br />

de Guanajuato, Mexico), Curt Struck (Iowa State University), Magnus Thomasson<br />

(Onsala Space Observatory, Sweden), Maria Sundin (Goteborg University, Sweden),<br />

and Mario Klaric (Columbia, South Carolina).<br />

“Trapped in their mutual orbit around each other, these two galaxies will continue<br />

to distort and disrupt each other. Eventually, billions of years from now, they will<br />

merge into a single, more massive galaxy. It is believed that many present-day galaxies,<br />

including the Milky Way, were assembled from a similar process of coalescence of<br />

smaller galaxies occurring over billions of years.”<br />

58 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


59 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>


60 • <strong>Minerva</strong> #<strong>32</strong> • June <strong>2008</strong>

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