While the development of R2P as a concept has been the preserve of international relations theoreticians (albeit ones with large amounts of practical experience), its implementation rests on the practitioners of the day. And these practitioners deal in the world of realpolitik with all of its inconsistencies, relativities and competing national interests.
Because of the deep concern on the part of many UN member states that RtoP could give rise to a regime change agenda and the equally deep global opposition to such an agenda, it is incumbent on us to explore the relationship more deeply in order to ascertain whether there are ways of maintaining a clear distinction between RtoP and regime change without sacrificing the protection of civilians.
The problem with R2P is precisely that which rendered “Never Again!” and the Genocide Convention impotent, namely that its enforcement is conditional on the support of the permanent five members of the Security Council. Only the very naive imagine that the P5 honour Article 24.1 of the Charter and act on behalf of UN member states; each state’s respective national interest determines their position.
The UN was neither designed nor expected to be a pacifist organisation. Its origins lie in the anti-Nazi wartime military alliance amongst Britain, the United States and the Soviet Union. The all-powerful UN Security Council is the world’s duly, and only, sworn in sheriff for enforcing international law and order.
One of the most depressing, and distressing, realities we have to acknowledge has been our inability to prevent or halt the recurring horror of mass atrocity crimes.
Advancing human rights to the level of global justice requires more than the current circus of councils, commissions, and committees with tedious documents deliberated in lengthy meetings. Coming closer to people in their daily pursuit of liberties and livelihoods is the most productive perspective for progress in the 21st century.
Palestine now only requires a two-thirds majority in the General Assembly, or 129 votes, to be admitted as the 194th member of the United Nations. The long conflict between Israel and Palestine has shed enough blood. It is high time that the international community worked to support the peaceful future of two sovereign states.
On July 9th diplomats celebrated the birth of Africa’s newest country, South Sudan, like over-stimulated toddlers at a party. The media followed suit, with trivial and sometimes patronising stories about the new national anthem and flag, and the admittedly strange plan to create cities in the shapes of African animals. Sadly, those involved should have focused on the agenda items they failed to address before sending out the independence day invitations.
R2P has the potential to operate as a broader norm-based policy framework. As its normative weight increases and its normalization advances, it could enhance local and international institutional capacities to assess and address the risk of atrocities at an earlier stage through primary prevention, ensure robust measures are taken to halt R2P crimes in a more consistent manner, and rebuild societies emerging from conflict.
In the struggle for public justice, international human rights provide not just legal resources as based on positive law, but also political means anchored in public legitimacy. Additionally, human rights function not merely to protect people with regard to the freedoms and entitlements they have already acquired, but in their emancipatory struggles for socio-political transformation as well.
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