Responsibility to Protect: A Break with the Past or More of the Same?on behalf of the international community” 15 and to ensure that such tragedies would never beallowed to happen again.A Break with the Past or More of the Same?Following four years of intensive dialogue, R2P was endorsed by all 192 UN member states atthe 2005 World Summit and was reaffirmed by the UNSC in a 2006 Resolution. However, theversion of R2P outlined by the ICISS and the version embraced by the international communitycontain some significant institutional and operational differences. These disparities havesignificantly curtailed the effectiveness of R2P and have limited its potential to make a cleanbreak from the intervention debates of the past.The original ICISS report published in December 2001 explicitly recognises that “there is nobetter or more appropriate body than the UNSC to authorise military intervention for humanprotection purposes.” 16 However, according to the report, if the UNSC fails to authorise actionin cases of blatant humanitarian need, “concerned states may not rule out other means tomeet the gravity and urgency of that situation,” 17 and if ad hoc coalitions or indeed individualstates choose to take this path and act without Security Council authorisation it may have“enduringly serious consequences for the stature and credibility of the United Nations itself.” 18This broad, somewhat threatening, statement seems to suggest that UNSC authorisation,though desirable, is not absolutely necessary for an intervention to take place under R2P.This notion did not sit well with the Permanent-5 (P-5) members of the UN Security Counciland though the World Summit Outcome Document of 2005 does endorse the R2P concept byclaiming that states have the responsibility “in accordance with Chapters VI and VIII of theCharter, to help to protect populations from genocide, war crimes, ethnic cleansing and crimesagainst humanity,” it contains the condition that this action must happen “through the SecurityCouncil, in accordance with the Charter, including Chapter VII, on a case-by-case basis.” 19As a consequence of this continued reliance on UNSC authorisation, R2P fails to remedy theproblem of politicisation that permeates UNSC decisions and debates.The sceptics claim that institutionalising a system for humanitarian intervention is nigh onimpossible given the ability of any of the P-5 to change the rules of the game at any time andthe role that geopolitical interests play in the decisions of the Security Council. Kofi Annanhimself stated that the hesitation to intervene in Rwanda in 1994 stemmed from UN membersreluctance “to pay the human and other costs of intervention, and by doubts that the use offorce would be successful,” rather than from “concerns about sovereignty.” 20 In an effort toremove obstacles to intervention, such as those raised by the Russians and Chinese in relationto Kosovo in 1999 and those of the US in relation to Rwanda in 1994, attempts were madeto institutionalise the belief that “one veto should not override the rest of humanity.” 21 R2Precommended a code of conduct for the P - 5; a policy of ‘constructive abstention’ in order15 Annan, K. (2000) Millennium Report of the Secretary-General of the United Nations, United Nations, New York.16 International Commission on Intervention and State Sovereignty (2001) p. XII.17 International Commission on Intervention and State Sovereignty (2001) p. XIII.18 International Commission on Intervention and State Sovereignty (2001) p. 55.19 2005 World Summit Outcome, GA Res. 60/1, UN GAOR, 60 th Sess., Supp. 49, UN Doc. A/60/49 (2005) 3, available: http://daccess-dss-ny.un.org/doc/UNDOC/GEN/N05/487/60/PDF/N0548760.pdf?OpenElement [Accessed 11 Jan <strong>2010</strong>]20 Annan, K. (1999) Report of the Secretary-General on the Work of the Organisation, Supplement No. 1 (A/54/1), available: http://www.un.org/Docs/SG/Report99/toc.htm[Accessed 16 Jan <strong>2010</strong>]21 United Nations University (2000) Public Lecture: Kosovo and the Challenge of Humanitarian Intervention by Thakur, R. and Schnabel, A. [Online],available: http://website1.wider.unu.edu/events/publiclecture-2000-1a.pdf [Accessed 12 Jan <strong>2010</strong>]39
<strong>Defence</strong> <strong>Forces</strong> <strong>Review</strong> <strong>2010</strong>to prevent them using their veto in times of humanitarian crisis. This fundamental change, designedto make the Security Council more effective in times of need, was also dropped at the WorldSummit negotiations following the displeasure expressed by the powerful Permanent 5. 22There is another point of difference to be noted here in relation to the issue of ad-hoc coalitionand individual states taking action without UNSC clearance; although the change here isnot between the ICISS document and World Summit Outcome Document, rather it is in theperspectives of the international community and how they have changed given recent events.This element of R2P suffered a serious blow in 2002 with the assembly of the American-led‘Coalition of the Willing’ to enter Iraq following the terrorist attacks of 9/11. When claimsabout weapons of mass destruction fell short of the mark to justify an invasion, the US begansearching for other ways to obtain the necessary UNSC resolution and landed on humanitarianconcerns. According to Kenneth Roth, executive director of Human Rights Watch, abusinghumanitarian intervention in this way “breeds cynicism about the use of military force forhumanitarian purposes”; something that “could be devastating for people in need of futurerescue.” 23 The fears of the Global South in relation to contemporary imperialism can bemore easily understood in light of the abusive use of humanitarian intervention as a coverfor aggression that is motivated by revenge. Equally as devastating for the normalisation ofR2P was the Russian invocation of its ‘responsibility to protect’ South Ossetians from theGeorgian military in 2008; another example of the misapplication of R2P as a thin disguisefor politically motivated military action.Crucial to the implementation of R2P is its advancement of a new norm which allows theSecurity Council to recognise and classify internal violations of human rights as a threatto international peace and security and, therefore, provide a basis for legal internationalintervention. Unfortunately, the advancement of this conceptual change does not necessarilymean there will be a corresponding operational change. Over the past fifteen years theinternational community has failed in its responsibilities in Darfur, Somalia, Srebrenica andthe Eastern Congo and Zimbabwe despite having the grounds upon which to intervene. TheUNSC’s reluctance to intervene in Darfur without the consent of the Sudanese government hasbeen accused of making “a farce of the international commitment to R2P given the fact thatthe Sudanese Government had been implicated in the very crimes that the Security Councilwas seeking to halt.” 24 What is more, there is the concern, as voiced by Kofi Annan, that byallowing the UNSC to authorise international interventions in domestic humanitarian crises,secessionist movements would commit atrocities solely to provoke their governments intocommitting violations of human rights in order to attract international attention and aid totheir cause. 2522 Bellamy, A. J. (2009) p. 74.23 Global Policy Forum (2004) War in Iraq: not a Humanitarian Intervention [Online], available: http://www.globalpolicy.org/component/content/article/154/26043.html [Accessed 16 Jan <strong>2010</strong>]24 United States House of Representatives Committee on Foreign Affairs (2009) Testimony of Ms. Erin A. Weir on the New Challenges for InternationalPeacekeeping Operations [Online], available: http://wwwinternationalrelations.house.gov/hearing_notice.asp?id=1106 [Accessed 17 Jan <strong>2010</strong>]25 Annan, K. (2000) p. 48.40