Minerva, Spring 2008 (Volume 32) - Citizens for Global Solutions
Minerva, Spring 2008 (Volume 32) - Citizens for Global Solutions
Minerva, Spring 2008 (Volume 32) - Citizens for Global Solutions
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
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>