R2P can be a prod for effective humanitarian
intervention
By Seyom Brown & Ronald E. Neumann
Those who cheered “Benghazi One” as a validating
triumph of the Responsibility to Protect (R2P) doctrine and those who regard
“Benghazi Two” as its death-knell are both mistaken. The
first act of the Libyan drama in March 2011, when the international military
intervention arguably saved thousands of civilians in and around Benghazi from
Qaddafi’s murderous forces, was only a partial “success”, even according to R2P
principles. The second, on the eleventh anniversary of 9/11, when anti-American
jihadists with virtually free reign in the post-Qaddafi anarchy murdered the
U.S. Ambassador to Libya and three other officials, is not reducible simply to
the governance vacuum left by an R2P-driven intervention.
R2P
principles are only partially new, in any event, and they are more complex than
press quotes suggest. They are noticeably weak so far as a guide to action, yet
they are with us to stay. They may be fixable. It is therefore important to
understand the issues they pose in all their complexity.
R2P
principles were certainly a driver of the intervention that toppled the Qaddafi
dictatorship, and therefore also of its chaotic aftermath. But their role
should not be exaggerated, nor should they be expected to resolve the recurring
debates over the weight that humanitarian obligations should be given in U.S.
foreign policy, as distinct from geostrategic interests or non-intervention
norms. The choices facing the United States in Egypt, Syria and Mali, for
example, continue to be more complex than can be deduced from any abstract
doctrine, and these choices are themselves no less complex than the dialectic
between state-sovereignty and “justice” imperatives that recur throughout
history.
Viewed
in historical perspective, the R2P concept is a facet of the still-evolving
state system. It is not its antithesis, as both some of its champions and
detractors are wont to claim. Indeed, the concept is derived largely from
traditional just war criteria for employing military force.
What is
new is the “R”: Added to the widely asserted universal right of all
humans to be protected from acts of great brutality, the international
community is now purportedly bound by a responsibility to assure the
needed protection. The R2P concept broadly formulates those circumstances under
which national governments and/or international agencies have a moral and legal
responsibility to actively engage in the required efforts. It specifies rather
strictly, however, the just war criteria that must be satisfied in order for
the international community to intervene militarily.
That
said, the R2P concept has very large problems serving as a guide to action. It
is endlessly vague about the responsibilities of the interveners once their
intervention has begun. It notes the need for reasonable prospects of success
but leaves to others the questions of implementation on which success may
depend. To the extent that success almost invariably requires a presence of
some duration and incurring significant expenditure, domestic political support
is essential—a requirement that calls attention to the tradeoffs and
opportunity costs involved in such interventions. On all these issues the R2P
concept is very thin. It does not offer any guidance about how statesmen ought
to balance their responsibility to protect others against their obligations to
their own constituents. Nor does it suggest any means by which other
international imperatives, such as the employment of sovereign prerogatives to
counter threats to international peace and security, may be measured against
the putative responsibility to protect the citizens of other countries.
The R2P
concept has undergone something of a metamorphosis since it was advanced in a
December 2001 report by the Canadian government-appointed International
Commission on Intervention and State Sovereignty (ICISS). The ICISS report,
entitled “The Responsibility to Protect”, is still the founding document of the
movement, containing its fundamental philosophical assumptions and (thin)
guidance for practical application. Most subsequent UN endorsements of the
concept, while emphasizing or downplaying some aspects of it, are for the most
part consistent with the basic thrust of the original ICISS report.
The
ICISS retains the basic principles of international law enshrined in the UN
Charter—the sovereign equality of states and non-interference in one another’s
internal affairs as important for international order, stability and
predictability. But it then reminds governments that, in signing the Charter,
they have accepted additional obligations. There is no transfer of state
sovereignty, the Commission insists, but it does posit a “necessary
re-characterization . . . from sovereignty as control to sovereignty as
responsibility in both internal functions and external duties.” Such
responsible sovereignty includes, preeminently, the state’s obligation to
protect its own citizenry from terrible but avoidable harm and suffering. The
report makes clear that this obligation falls first and foremost on the legally
sovereign state itself.
The
ICISS move onto controversial terrain comes in its proposition that when a
state is unable or unwilling to resolve, contain or redress a situation of
avoidable suffering within its jurisdiction—and certainly when the state itself
is the agent of such suffering—“then interventionist measures by other members
of the broader community of states may be required.” These actions may be
coercive measures against an uncooperative or perpetrator state, including
military action in extreme cases. Indeed, the bulk of the Commission’s report
is about such extreme cases: the threshold conditions that need to be satisfied
before resorting to force, and the precautions that must be exercised to ensure
that the intervention remains legitimate both in principle and in practice. As
already noted, these preconditions and constraints are almost all derived from
traditional just war concepts.
The
ICISS report emphasizes that the acts to be prevented must be severe enough and
directed at enough people to qualify as a just cause for deploying
military forces across international borders to stop ongoing or impending harm.
Genocide would of course qualify, but so would other acts of commission—or
omission—causing “large-scale ethnic cleansing” or “large-scale loss of life.”
Strongly
echoing just war theory, the report gives prominence to the last resort
principle: “Military intervention can only be justified when every non-military
option for prevention or peaceful resolution of the crisis has been explored,
with reasonable grounds for believing lesser measures would not have succeed.”
And, crucially, there must be reasonable prospects for success in
halting or averting the suffering that justified the intervention. The
consequences of the actions, says the report in a very elastic phrase, should
be “not likely to be worse than the consequences of inaction.”
Finally,
the ICISS report maintains that the UN Security Council should authorize any
such intervention if possible, but if the Security Council rejects the
intervention or excessively delays the needed action, the Commission finds
other options acceptable. These include authorization by the General Assembly
under its “Uniting for Peace” procedure, or authorization by relevant regional
organizations, subject to their seeking subsequent authorization from the
Security Council. It does not absolutely rule out even essentially unilateral
or small-coalition authorization and action in “conscience-shocking” cases when
other governments are unwilling to share risks and costs.
To make
sure readers of the 90-page disquisition do not miss or misinterpret the
Commission’s responsibility-centered revision of traditional state
sovereignty concepts, the new premises are given pride of place in the synopsis
of “Core Principles” at the beginning of the report:
A:
State sovereignty implies responsibility, and the primary responsibility for
the protection of its people lies with the state itself.
B:
Where a population is suffering serious harm, as a result of internal war,
insurgency, repression or state failure, and the state in question is unwilling
or unable to halt or avert it, the principle of non-intervention yields to the
international responsibility to protect.
In
2005, UN Secretary General Kofi Annan, possibly tired of being blamed for the
UN failures to stanch the genocide in Rwanda when he was Under Secretary
General for Peacekeeping, asked the heads of state convening at the World
Summit to “embrace the ‘responsibility to protect’ as a basis for collective
action against genocide, ethnic cleansing and crimes against humanity.” This
formulation appeared in the World Summit Outcome document. Notably absent from
it, however, were the broad references in the 2001 ICISS report to other
large-scale and serious violations of humanitarian law.
This
World Summit’s list of absolutely prohibited acts replicates the list of
prosecutable crimes in the Statute of the International Criminal Court. The trimming
back came in response to complaints from Third World nationalists concerned
that the R2P doctrine was or could be used as a cover for U.S. and European
neo-imperialism. Employing slightly different language, others feared that the
Bush Administration might seize upon the doctrine to legitimize internationally
the President’s Freedom Agenda, interpreted as a license for hubristic Pax
Americana power-plays.
Much of
the debate over R2P among international lawyers and scholarly practitioners has
been over how frontally and fundamentally—even in its trimmed-back form—the
concept challenges the traditional state-sovereignty paradigm embedded in the
UN Charter and, if it does amount to an alternative paradigm, whether that’s a
good thing.
To
legal traditionalists, the thrust of R2P is subversive of the basic Westphalian
(1648) stipulation in Section 7, Article 2: “Nothing in the present Charter
shall authorize the United Nations to intervene in matters which are
essentially within the domestic jurisdiction of any state.” The Peace of
Westphalia accorded sacrosanct status to the borders established between the
states and to the sovereign control by each of the monarchs over whatever
happened within their respective jurisdictions. Although frequently violated,
the Westphalian norms of respect for borders and non-interference continue to
be invoked even by governments who transgress them, insisting that their
actions are only in retaliation for, and to rectify, an enemy state’s
transgressions. “Hypocrisy being the homage that vice pays to virtue”, as
François de La Rochefoucauld famously put it, the norms are reaffirmed even in
the breach—possibly the more because of the breaches—as the basis of
international and domestic law and order. The system, of course, has never been
fully maintained, although the reasons for violating it have shifted over time.
Early
challenges were mostly at the domestic level as the power of monarchs gave way
to the development of modern nation-states. Functions highly centralized in the
monarchy had to be adapted to emerging social and economic realities. In
England, the monarchy gradually was forced to share power with parliament. In
France, the monarchical elements of the Westphalian system were swept away by
the Revolution of 1789 and the rise of Napoleon Bonaparte.
Napoleon
blatantly violated Westphalian interstate norms by using the new ideology of
revolutionary self-determination to justify military intervention in the civil
conflicts of other countries. It took three decades for an alliance of European
continental monarchs and England to defeat Napoleon and restore the
conservative Westphalian interstate order. Ironically, however, in championing
the old order, the conservatives likewise violated its principles of
non-intervention in the domestic affairs of other countries. They did so both
in the objectives they sought and in the conduct of the wars they waged.
Numerous
other examples of the imperfect application of Westphalian principles can be
adduced. Kaiser Wilhelm’s confrontation with Czar Nicolas II over Russia’s
abetting Slavic revolts against the declining Ottoman and Hapsburg Empires;
Tokyo’s exploitation of anticolonial, antiracist grievances in Asia in the
1930s and 1940s; and Hitler’s “Anschluss” of Germanic Austria and absorption of
the Sudetenland in Czechoslovakia all exemplify that the system was often
violated and manipulated to serve other purposes.
During
the Cold War, both sides rhetorically embraced both Westphalian and counter-Westphalian
norms when it suited their purposes, and their behavior showed it. The
non-intervention principle had to contend against the growing strength of the
human rights movement and the competition between the United States and the
USSR for recognition as its champion—Washington supporting mainly political and
civil rights, Moscow mainly rights to economic equality. The Soviets aided
leftist “national liberation” movements in Africa and Latin America even as
they supported very repressive communist regimes in East Germany and Eastern
Europe, even to the point of using tanks to brutally suppress nationalist
dissidents. U.S. Presidents, meanwhile, in the name of human rights, cheered on
dissident movements in the Soviet sphere of influence and supported various
self-determination movements against colonial holdover regimes in Africa
(Washington’s early affection for Gamal Abdel Nasser in Egypt being a poignant
if misguided case in point); at the same time, however, they also engineered
various coups or insurrections against Third World regimes.
President
George H.W. Bush, disciple of realist statesman Henry Kissinger, worried
especially about the interstate instabilities that appeared to be loosed by the
breakup of the Cold War coalitions. America and its allies fought the Gulf War,
he averred, to ensure what he called the New World Order (actually the
Westphalian old world order) of inviolable interstate boundaries and
non-intervention commitments. He focused on limited goals, in part to maintain
the integrity of the multinational coalition, and resisted the opportunity to
invade Iraq to oust Saddam Hussein. However, at the end of the war, largely in
response to pressures from Congress and Turkey, he did authorize a no-fly zone
over Kurdish areas that Saddam was attacking. But consistent with his realist
worldview, the following year the President held back from contributing U.S.
military assets to the UN Protection Force in Bosnia to stanch the “ethnic
cleansing” going on, this in accord with Secretary of State James Baker’s view
that “we don’t have a dog in that fight.”
Near
the end of his presidency, however, the elder Bush uncharacteristically
deployed 28,000 troops to Somalia to prevent warlords and armed gangs from
blocking UN deliveries of food and medical supplies for starving communities.
The people of Somalia, especially the children, need our help, he explained.
The American military units involved in the mission were “doing God’s work.”
Still, the policy had limited goals and, since no effective state existed in
Somalia, it was questionable whether the intervention, while humanitarian, was
indeed a violation of Westphalian principles.
Bill
Clinton’s view of the U.S. role in the world tended to change in the opposite
direction during his presidency, but the change was erratic. Clinton’s goals
shifted from giving priority to human rights even if it entailed some breach of
sovereignty to building a global free market safe for American investments and
trade. Having castigated his predecessor during the 1992 election campaign for
not employing sanctions against China in response to Beijing’s violence in
Tiananmen Square, once in the Oval Office Clinton de-linked U.S.-China trade
from human rights issues. He similarly reversed himself with respect to Bush’s
policy of preventing Haitian refugees escaping the Cédras military dictatorship
from landing on U.S. shores, continuing to allow the Coast Guard to intercept
the refugees and send them back to Haiti. Clinton partly salvaged his
reputation for being on the side of human rights and democracy in Haiti by
coercing Cédras to cede power.
Clinton
abandoned his initial flirtation with the use of force against Serbian forces
battling the Bosnian Muslims amid the Wars of Yugoslav Succession when the NATO
allies refused to support the proposed policy of “lift (sanctions) and strike.”
In other places, as the popular refrain goes, when the going got tough, the
tough (the United States) got going (out of Somalia) or stayed out of harm’s
way (in Rwanda).
Subsequently
in Bosnia, of course, and later in Kosovo, Clinton did authorize the U.S.
military to take the leading role in NATO’s aerial bombing of Milosevic’s
military forces and facilities in response to the Serbian “ethnic cleansing”
attacks on the Muslim civilian populations in these provinces. Even then,
however, it is questionable if the revulsion at the Serbs’ ethnic cleansing
campaign would have prompted military intervention were it not for the
perception in Washington that at stake was NATO’s capacity to control the
post-Cold War chaos on its southern flank.
Early
in the presidency of George W. Bush, following the 9/11 terrorist attacks, U.S.
declaratory policy took a turn toward enlarging the R2P mandate to encompass a
responsibility to protect people from tyrannical dictatorships, by
regime-change military operations if necessary. Articulated as the principal
rationale for Operation Iraqi Freedom after the anti-WMD objective and the
alleged terrorist connections failed of proof, spreading democracy was elevated
to a high-priority U.S. objective. Thus in his Second Inaugural Bush intoned:
The
survival of liberty in our land increasingly depends on the success of liberty
in other lands. The best hope for peace in our world is the expansion of
freedom in all the world. America’s vital interests and our deepest beliefs are
now one. . . . So it is the policy of the United States to seek and support the
growth of democratic movements and institutions in every nation and culture.
But
like his predecessors who rhetorically elevated human rights and
democratization to the apex of U.S. foreign policy (both Carter and Reagan,
each in his own way), when Bush came to shove beyond Iraq, number 43 also
subordinated his world transformative vision to the geopolitical exigencies of
the moment. In situation after situation, even those involving mass
atrocities—Darfur, the Democratic Republic of the Congo, Sri Lanka—the
President ruled out direct U.S. intervention if acting in accord with R2P
principles might require putting substantial numbers of American soldiers in
harm’s way.
Barack
Obama seemed to indicate in his autobiographical writings that he is at heart
an R2P believer, even a supporter of its transformative, democracy-promoting
mode. But as President he has had to face the reality that the United States,
like all countries, has a range of high-value interests that cannot be ignored
and, while not necessarily “progressive”, are nevertheless entirely legitimate.
Take the so-called Arab Spring, and demands by U.S. human rights groups that
America “get on the right side of history.” The professedly democratic Egyptian
uprising wrecked a government whose cooperation has been vital for assuring the
free flow of oil crucial to the economic well-being of America, and for
preventing another major Arab-Israeli war for more than thirty years. R2P
principles do not tell us how to resolve the profound dilemmas of grand
strategy; nor do they provide guidance on how diplomatic or military engagement
may engage upheavals whose consequences are unknowable.
The
inescapable reality of conflicting objectives was evident in President Obama’s
initial reluctance to support Hosni Mubarak’s overthrow. Under Mubarak’s rule,
Egypt was America’s most reliable Arab partner for moderating and occasionally
managing the Israeli-Palestinian conflict and combating jihadi terrorists. But
Obama was also determined to show that the United States was universally
committed to democracy and human rights; so when the anti-Mubarak rebels gained
control of the Egyptian streets, Obama finally told the dictator that he must
step down. Worried, however, that under siege the Mubarak regime might try to
violently repress the demonstrators in Tahrir Square, Obama instructed Joint
Chiefs of Staff Chairman Mike Mullen to entreat the Egyptian military not to
resort to force. Luckily, Mubarak conceded before the conflict escalated; had
he decided to hang on to power, and had the military backed him up with major
assaults on the unarmed rebels, it is virtually certain that no international
military intervention would have been activated, or even threatened.
Nor was
an R2P military response seriously considered to deal with the Bahraini assault
on anti-regime demonstrations in Manama in March 2011. For one thing, however
odious the crackdown—arresting doctors and nurses trying to help the wounded,
for example—the number of deaths that resulted was too low to trigger an R2P
intervention. The Sunni-Shi‘a sectarian character of the Bahraini troubles that
grew increasingly bitter over time is very different from the
people-versus-government situation in Tunisia or Egypt. This problem could not
be resolved by a simple appeal to “democracy”, since in the Bahraini context
that translates into simply changing the domination of one community to
another. A sanctions regime was a non-starter, too, thanks to the presence of a
U.S. naval base in Bahrain that is vital for the U.S. Navy’s maintenance of the
free flow of oil through the Persian Gulf and would be essential should there
be a military confrontation with Iran. Even the mild and ineffectual pressures
brought by Washington caused enormous resentment from the other Gulf
Cooperation states with whom Washington has spent decades building a system of
alliances. Indeed, whether any externally sponsored resolution to the Bahraini
turmoil can work is questionable, let alone a full-fledged R2P-motivated
effort.
The
situation in Libya was very different. Five days after Mubarak stepped down, it
took only a few peaceful anti-regime protests in eastern Libya for Muammar
Qaddafi to unleash a heavy military crackdown. His draconian response brought
crowds into the streets demanding his ouster, some of them retaliating with
small arms. The rapid expansion of the conflict, even into Tripoli and other
Qaddafi strongholds, signaled an impending civil war as previously intimidated
tribal militias joined the rebels.
As with
Egypt, the Obama Administration was ambivalent during the early days of the
crisis. Although Libya was not as strategically important to Washington as
Egypt or Bahrain, Qaddafi had cooperated in covert actions against al-Qaeda and
had relinquished longstanding efforts to acquire nuclear weapons, in return for
which the United States provided some private assurances that it would not
incline to interfere in Libyan domestic affairs. Furthermore, Libya’s fractious
rebel groups inspired no confidence in their ability to mobilize a sufficiently
coherent force to bring down the Qaddafi regime or, if they did succeed, to
establish and sustain a legitimate and effective government. But other
countries with economic and geostrategic stakes in the region—France, Britain,
Saudi Arabia and friends in the Gulf Cooperation Council—prodded the United
States to join them in a multilateral operation to prevent the bloodbath
Qaddafi threatened.
Obama
eventually authorized UN Ambassador Susan Rice to co-sponsor and help
draft a UN Security Council Resolution asking member states “to take all
necessary measures . . . to protect civilians and civilian populated areas” in
Libya that were under threat of attack. This certainly had the feel of an
R2P-inflected policy. Adopted on March 17, 2011, the resolution called for “a
ban on all flights in the airspace of the Libyan Arab Jamahiriya.” But,
consonant with White House concerns about being drawn into another military
occupation of a Muslim country, Resolution 1973 specifically excluded “a
foreign occupation force of any form on any part of Libyan territory.”
President
Obama announced that the U.S. military was providing “unique capabilities” as
part of an international coalition, in which the British and French would take
the leading role in implementing the no-fly zone. He made clear that there
would be no U.S. boots on the ground and no effort at regime change. The no-fly
zone was consistent with the R2P concept, but Obama did not explicitly invoke
it despite voicing its “just cause” and “last resort” criteria. No matter, for
we soon witnessed the R2P version of mission creep. As he explained in his
major speech on the Libya intervention,
Qaddafi
declared he would show “no mercy” to his own people. He compared them to rats,
and threatened to go door to door to inflict punishment. In the past we have
seen him hang civilians in the streets, and kill over a thousand people in a
single day. . . . If we waited one more day, Benghazi, a city nearly the size
of Charlotte, could suffer a massacre that would have reverberated across the
region and stained the conscience of the world. It was not in our national
interest to let that happen. I refused to let that happen.
But it
very quickly became evident that the policy required a hefty, multi-pronged
military operation, far more robust than a no-fly zone, to prevent the siege of
Benghazi. Qaddafi’s planes and helicopters, and the bases from which they came,
had to be decimated; so did his forces on the ground, with their tanks and
equipment. To protect civilians in Benghazi and elsewhere required defeating
Qaddafi’s entire military machine, destroying its command centers, and, one way
or another, removing the top commander himself from power. Barring intervention
on the ground, the only way to do this was through air power combined with
support for the rebels. So this was regime change via a full-scale
civil war that could mean enormous civilian casualties—precisely the outcome
that R2P interventions are supposed to prevent.
Fortunately,
a gross breach of the just war criterion of proportional violence was averted
with the rebels’ capture and execution of Qaddafi. Nonetheless, it is clear
that while the U.S. motivation for the intervention was consistent
with R2P principles, the means were not. The UN Security Council had authorized
the use of force, albeit in a more limited way than actually transpired. The
most glaring deficiency was the failure to adequately assess the prospects for
success of the no-fly zone strategy for reducing the violence. That result was
achieved only with the overthrow of Qaddafi, to the considerable discomfort of
the Russian and Chinese governments, which had not authorized regime change.
That has made their cooperation in future R2P operations far less likely.
The
rapidity with which the Qaddafi government collapsed could not have been
predicted and was not part of the Administration’s R2P-generated rationale for
the intervention. The Administration may have hoped Qaddafi would fall, but
that it would result more from British and French bombing and military support
from Qatar than from the Administration’s own policy. That’s not what happened.
Stepped-up U.S. support toward the end of the military campaign, to compensate
for French and British weakness, allowed the effort to continue long enough so
that Qaddafi could be captured and killed. Aside from the initial motivation,
nothing about the Libya campaign accorded with the R2P paradigm, yet without
that motivating force it probably would not have happened—for better or for
worse, and that remains a matter of dispute.
If
Libya illustrates the fuzziness and unanticipated consequences of the R2P
impulse, the Syria conflagration reveals even more starkly its limitations as a
policy template. The United States, Israel, Egypt, Russia, Turkey, Jordan and
Hizballah, among others, all have strategic balance-of-power interests in
whether or not the Assad regime survives. Meanwhile, the massacres of civilians
Assad has countenanced or ordered have clearly crossed the threshold for
activating a military intervention to stop it. Yet proponents of intervention are
having difficulty with another R2P criterion: the ill-defined requirement that
the results of intervention are “not likely to be worse” than the consequences
of non-action. Opponents of intervention have been invoking another of the R2P
criteria: the probability of success. Appropriately, they point to the
deepening Sunni-Alawi divide, the growing evidence of Kurdish involvement, and
the emergence of Salafist fighters who in other conflicts have espoused the
massacre of Shi‘a. Hardly anyone is willing to bet either way on the outcome.
Uncertainties dominate: Will Assad’s overthrow lead to a reduction in deaths or
to a deepening of communal violence? If the latter, whom would an intervention
force have to disarm or kill in the name of protection? How large an
intervention would be required to produce high odds of success, and how long
would it have to last to obviate a relapse into violence? There are strong
reasons for and against intervention in Syria. The R2P concept helps call
attention to them, but such is its vagueness that it cannot resolve the
intervention dilemmas.
Mali
furnishes yet another example. R2P juices have been activated by the failure of
the state in Mali to prevent the country from becoming a cauldron of vicious
inter-ethnic and sectarian carnage. The French-led intervention, whether wise
or not, has been conducted in support of the (military coup-generated) Malian
government. Thus far, therefore, the action supports Westphalian
principles—keeping the Malian state from complete collapse—far more than it
compromises them. Mali shows that sometimes both good intentions and national
interests align with R2P principles and sometimes they do not.
The
increasing awareness of and revulsion against ethnic cleansing and other mass
atrocities in recent decades has produced widespread support for the
proposition that when the states in which the outrages are occurring are unable
or unwilling to counter them, international intervention is legitimate. The R2P
démarche has seized the day in its core concept of an international responsibility in
such situations, to protect the victims, even with force if necessary. It is
this translation of the right to intervene into an apparent duty to
intervene that has generated the most controversy. There is also considerable
controversy over the range of situations—previously assumed to be within the
sovereign jurisdiction of countries—deemed to be open to outside interference
under the R2P premise that state sovereignty is conditioned upon a government’s
fulfilling its obligation to protect the citizens.
The R2P
concept, like the Westphalian tradition (against which it is frequently posed),
raises these fundamental issues, but it cannot resolve them, even on its own
terms. Its interjection into the discourse over U.S. foreign policy can be
salutary insofar as it compels the United States and other powers to go beyond
simple rhetorical expressions of outrage at actions that “shock the conscience
of humankind”, and to consider specifically what can and should be done to
prevent or contain them before they reach horrendous proportions. Under the R2P
concept, these deliberations need to go beyond the determination of whether the
U.S. interests and values at stake provide a “just cause” for intervention. The
next step (prescribed in the ICISS report) is to apply the remaining just war
criteria of last resort, proper authorizing authority, less harm from the
intervention (including civilian casualties) than harm without it, and,
crucially, probability of success.
This
set of criteria for military intervention is considerably more complicated than
a bumper sticker exhortation to responsibility. If intervention has to produce
a better result than not intervening, then a lengthy stay may be necessary to
prevent the resumption of killing. As the wars in Iraq and Afghanistan show,
even when the American homeland has been attacked, nation-building abroad may
require longer direct involvement than the American public is willing to
support. This puts messy domestic political considerations squarely and
legitimately into the R2P debate. Politics, not simply being for or against a
set of principles, must be considered if the principles are to have a
reasonable chance of being served. Success also requires considerable attention
to how operations will be implemented. These necessary considerations augur
against the United States intervening militarily in Syria with sufficient force
to stanch the bloodletting and carnage. This hurts all people of conscience.
But the Obama Administration should be credited with acting responsibly in
insisting that there must be other than humanitarian reasons to justify taking
on R2P burdens in new cases.
This is
not to argue against having the R2P play a prominent role in U.S. foreign
policy. It probably should, and in any event it likely will. Rather it is to
argue for prudence in its application, and to recognize that it falls
considerably short of providing a sufficient doctrine for determining when and
how to intervene in the domestic affairs of other countries. Acts that shock
the conscience of humankind are, we believe, America’s business. So are acts
that breach established international borders and weaken the Westphalian norm
of state sovereignty, or violate important arms control agreements, or
dangerously alter the global climate, or disrupt international commerce, or
interfere with the free use of the international “commons” of the seas,
airspace or outer space. The policies required to deal with such acts will at
times be in tension with each other. No one doctrine can be expected to provide
a perfect or even adequate guide to the necessary trade-offs. To pose the issue
as a paradigmatic choice between Westphalia and an R2P world without borders is
to vastly oversimplify the dilemmas U.S. policymakers face. We do not live in
an either/or world, but rather one of difficult decisions about how to pursue
goals that are frequently in conflict.
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