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Lecture 11

Lecture 11 12-03-12.pdf

8 Pages

Political Science
Course Code
Jeffrey Kopstein

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Sovereignty and Intervention 2012-12-03 12:10 PM R2P: Canada as Norm Entrepreneur - Intervention Dilemmas: Rwanda, Bosnia, Kosovo, East Timor - Canadian Leadership - Macarthur Foundation support - International Commission on Sovereignty and Intervention, 2001 - R2P at the General Assembly. 2005: norm entrenchment - Problem with Kosovo, was intervened without approval of the UN Security council - The idea is that the UN is the exclusive legitimate franchiser for military intervention - If the UN approves military force, it is lawful, if not, it is not lawful - It was illegal under the law however most people believe it was legitimate - What was morally legitimate in order to save the lives of innocent people was not lawful in international law - There is a problem between legitimacy and legality, a separation - International Commission on Sovereignty and Intervention, 2001. Commission to unite how to intervene legally and morally - R2P: Responsibility to Protect - All sovereign states have a responsibility to protect their own civilians - When a sovereign state fails to do this (torture, massacre, ethnic cleansing) other states have a responsibility to protect them when the first state fails at this duty Language Matters - The Responsibility to Protect Versus The Right to Intervene - A responsibility is a duty and it is compulsory - A right is discretional, you can intervene or not - Responsibility says that states must act - States have a duty to protect their civilians while civilians must be protected from states Sovereignty in the UN Charter - 2.7: Nothing contained in the present Charter shall authorize the UN to intervene in matters which are essentially within the domestic jurisdiction of any state - Inviolability: Right to not be interfered with - 39: The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression - 42. It may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security Can the Circle Be Squared? Sovereignty as Inviolability and Control Versus Sovereignty as Responsibility - Inviolability is used to protect small states from big states - Sovereignty is equal for all countries in international law - Protects people’s own right to rule themselves the way they see fit - These rights go with duties: protection of people Whose Priorities? Human Security or National Security? - National Security: Responsibility of the state to protect it from external attacks - Human Security: Do your people have food, clothing, protection? When Can Intervention Be Justified? - Ethnic Cleansing, Actual or Apprehended - Widespread Massacre - Genocide, Actual or Apprehended - Deliberate Famine What about these cases? - Human Rights Abuses - Democratic Overthrow - Weapons of Mass Destruction - Environmental Disaster - Keep Military Intervention confined the extremely awful circumstances How Do You Decide? Just War Criteria - Right Authority: No legitimate authority unless authorized by the Security Council - Right Intention: Not conquest and occupation, but to protect civilians - Just Cause - Last Resort: Use force when all other means have failed, m
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