Alex J. Bellamy is professor of peace and conflict studies at the University of Queensland. His books include Kosovo and International Society (2002), Security Communities and Their Neighbours: Regional Fortresses or Global Integrators? (2004), Understanding Peacekeeping (edited with Paul D. Williams and Stuart Griffin, 2004), International Society and Its Critics (editor, 2004), Just Wars: From Cicero to Iraq (2006), and Fighting Terror: Ethical Dilemmas (2008), and Responsibility to Protect (2009). He serves on the editorial board of Ethics & International Affairs.

In this interview Professor Bellamy discusses the successes and failures of the Responsibility to Protect and the future of this doctrine.

Q. The Responsibility to Protect (R2P) is commonly understood to be a global political commitment, endorsed by all Member States of the United Nations at the 2005 World Summit, to prevent genocide, war crimes, ethnic cleansing and crimes against humanity. Since the endorsement of this concept in 2005, how successful do you feel the international community has been in honouring this commitment?

It all, of course, depends on what we mean by ‘success’. To text for underlying progress, I tend to use three measures:

1. Are states more or less likely to commit atrocities? Here we’ve seen a steady decline that, of course, predates R2P (the commitment to R2P itself being a manifestation of changing international commitment to norms) – there’s been a blip in the past couple of years owing largely to Syria and South Sudan but the overall trends are still downwards and the ‘norm’ is a much lower rate of atrocities than in any other decade since WWII.
2. Is the international community more, or less, willing to become engaged when atrocities are committed? For this, I’ve used the simple proxy of whether the UNSC passes a resolution in response to atrocity crimes (my dataset works on a threshold of 5,000 deliberately caused civilian deaths). Here we’ve seen clear progress linked to R2P – in the decade prior to R2P the council responded to around three quarters of all qualifying cases (itself up from two thirds in the 1990s), since 2005 that figure has climbed to 100%. In other words, the Council responds in some way or other to every major case of mass atrocity – that is quite a change from past practice.
3. When the international community responds, is protection a priority? Here the change is still more noticeable. Even when the UNSC did act in times of mass atrocity, until quite recently protection was not a priority. In only around a quarter of its responses to civil wars in the 1990s was some form of protection specifically mandated. That grew to around a half in the 2000s, but has now climbed to somewhere north of 90% – i.e. Since R2P not only is the UNSC likely to respond to atrocities, it is also likely to foreground protection in that response.

So, I think the underlying evidence is that R2P has been associated with positive shifts in international behaviour with respect to protection. That doesn’t, of course, mean that all of these responses are effective (in some senses since we are talking only of the world’s hardest and most difficult crises, we should expect a low success rate) – but if R2P is understood as a ‘responsibility to try’ to take measures at reasonable cost to protect civilians from atrocities then we have seen positive overall shifts.

Q. Looking at a specific case of a response by the international community to a humanitarian crisis, the 2011 intervention in Libya was, at the time, heralded as a successful first true test of the R2P. In this instance, the Security Council authorized an intervention to protect civilians citing the R2P. The intervention may have stopped the massacre of civilians, but since 2011 Libya has experienced serious instability. Do you feel that the Libyan case harmed the R2P norm?

First, I’d start with the caveat that the use of force is always controversial, whether in the name of R2P or not, and it was always going to be the case that the use of force connected to R2P would prove controversial.  Second, it is important to stress how significant Resolution 1973 was not just for R2P but for the UN Security Council – the first time in its history that it had authorised force against a de jure state for human protection purposes – this is an important precedent of principle. Third, that said, this was never going to be a precedent that would be followed very often – it was caused by a range of contingent factors unlikely to be repeated often.

I’d agree with your assessment of the campaign itself – the intervention prevented a massacre and shortened the civil war. By doing these things, it undoubtedly saved a lot of lives. We need only look at Syria to see what happens when a country falls into protracted civil war. As unstable as Libya is today, it is better than Syria.  The problems with Libya were twofold – first, the linking of R2P with regime change, which was done for understandable domestic political reasons, muddied the international normative waters. Second, the failure to sustain the peace raised questions about the efficacy of the intervention. On the latter point, it should be stressed that the UN developed plans for a follow-on mission but these were rejected by the Libyan authorities themselves. Certainly, however, more pressure should have been brought to bear to get peacekeepers on the ground.

As for the longer terms impacts on R2P, the effects were paradoxical. On the one hand, there was significant fallout and criticism of the campaign and the link with regime change. On the other hand and at the same time, the use of R2P has become much less controversial in the UN’s political organs. The UNSC has become much more willing to use R2P post-Libya than it was pre-Libya (in fact, subsequent to 1973, the Council issues two more resolutions on Libya itself that contained R2P) and it has even started writing R2P into mission mandates (UNMISS, MINUSMA). Other organs, such as the Human Rights Council and General Assembly have also become more actively engaged (look, for example, at the UNGA’s resolutions on Syria and DPRK).  So, what’s going on here? I think we need to distinguish R2P from the use of force. The former is, by itself, no longer considered controversial and is now a part of common working practice. The latter – whether it is related to R2P or not – remains controversial. What was controversial about Libya was not the invocation of R2P, but the manner in which force was employed. So we have some additional caution on the latter (though I firmly believe that Syria would have panned out exactly as it did had Libya not happened) – in a context where the bar was already set high – but that hasn’t stymied the progress of R2P short of coercive force.

Q. Obama has recently said that the biggest mistake of his presidency was the lack of planning for the aftermath of Gaddafi’s ouster in Libya. Obviously, effective exit strategies which allow a transition into peace are extremely difficult things to develop. But, aside from putting more pressure on the Libyan authorities to get peacekeepers on the ground, what work could the international community have done to build peace in Libya?

That’s a good question, that I’m not sufficiently well qualified to answer I’m afraid, being an expert on neither Libya nor peacebuilding. I would say two things, however. First, we need to be more modest in our expectations of what outsiders can achieve – incremental change is possible, but rapid development and political harmony was always going to be unlikely. Second, though, clearly the Western powers dropped the ball too rapidly and dramatically, and more could have been done to support the new authorities to establish and maintain order and facilitate political dialogue. Greater and more sustained political engagement might have helped produce better results. Also, the international community – through the UN or EU – could have looked at better options for civilian support for the new authorities.

Q. One of the most notable, and perhaps lamentable, changes to R2P since the 2001  International Commission on Intervention and State Sovereignty report, was the dropping of the ‘Responsibility to Rebuild’ – which focused on peacebuilding and exit strategies. Do you feel that getting this component of R2P back on the agenda might help avoid situations like those witnessed in Libya and, if so, how likely do you feel it would be for the international community to commit to this responsibility?   

Good question. First, I don’t think that Libya panned out the way it did because of the absence of a responsibility to rebuild – it wasn’t that relevant actors ‘forgot’ about peacebuilding, it was simply that the political commitment, strategy and resources from both sides (Libyan and international) were not present. Second, R2P is not a stand alone principle; it exists within a broader framework of international peace and security. The World Summit may not have included a ‘responsibility to rebuild’ but it did say quite a bit about peacebuilding and established an entirely new architecture within the UN system for it — the Peacebuilding Commission. Last year we had the system wide review of that architecture and there are signs that Member States are quite responsive to, for example, broadening the scope of the Peacebuilding Commission’s work.  In terms of understanding post-intervention Libya, I’d suggest that the best lessons to be learned are those from within this peacebuilding architecture and there does seem to be a sense that the key recommendations stemming from the review have purchase in that regard. So that gets me to the third point, which is about political capital. Since 2005, and especially since 2011, the international community’s deeper consensus on R2P has been prefaced on the precise configuration agreed in 2005. I think there’s no will to consider opening that up to include peacebuilding and doing so would, I think, help neither R2P not the peacebuilding architecture. Much better, I think, to see the two as aligned parts of a common whole agreed in 2005 and to focus on learning the lessons of Libya and reforming peacebuilding as fits that rather than trying to reverse engineer the concepts.

Q. Concerning the legacy of Libya, there have been some analyses that have argued that the Libyan case may have seriously affected the international community’s capacity to respond in a timely and effective fashion to the Syrian crisis. Do you feel that this is the case?

Simple answer; no. I think the international response to Syria would have been pretty much the same had Libya not happened.  That’s because the factors actually driving Russian thinking, Western thinking and the positions of relevant regional actors are very much driven by Syrian related concerns and interests that would have been in play irrespective of Libya.

Q. Looking to the future, what do you see as being the greatest challenges for R2P in the next 5-10 years?

1. Conceptual challenges – clarifying the relationship between R2P and non-state armed groups and the relationship between the R2P, counter-terrorism and countering violent extremism policy agendas.
2. Political challenges – the ongoing challenge of persuading states to comply with their obligations under international humanitarian law and also commit the resources and personnel needed to protect populations in need. This will be an ongoing political challenge requiring leadership and involves not just persuading cautious states to get on board but also working with committed states to deepen their engagement.
3. Practical challenges – a) fine tuning early warning and linking it to good understandings of effective early response, so policymakers can be advised of conditions and options with greater confidence; b) developing evidence based guidance on the steps that different sorts of actors (Int Orgs, states, civil society, private sector etc.) can and ought to take to prevent atrocities; c) developing and implementing better strategies for the protection of people from imminent harm, including better approaches to displacement that puts protection at the fore.

Two new reports surveying the strategic trends that are likely to shape the next few decades of global politics point very clearly to the prospect of a severely resource-constrained world. Released two days apart, both the new Chatham House report on Resource Futures and the US National Intelligence Council report on Global Trends 2030: Alternative Worlds raise a number of important questions relating to conflict and security.

According to the Chatham House report,

The spectre of resource insecurity has come back with a vengeance. The world is undergoing a period of intensified resource stress, driven in part by the scale and speed of demand growth from emerging economies and a decade of tight commodity markets. Poorly designed and short-sighted policies are also making things worse, not better. Whether or not resources are actually running out, the outlook is one of supply disruptions, volatile prices, accelerated environmental degradation and rising political tensions over resource access.

The report outlines what the authors refer to as volatility being “the new normal.” For this reason “High and fluctuating prices are spurring new waves of resource nationalism and making unilateral and bilateral responses more attractive.” This should be cause for concern, especially in relation to the ways in which the response of governments and other actors to scarcity (or at least perceptions of scarcity) can interact with existing tensions and conflicts between and within communities. As the report highlights, “In addition to efforts to reduce demand at home, governments and other actors have moved to ensure access to affordable resources, reshaping the landscape of international politics. The return to largely protectionist and beggar-thy-neighbour manoeuvres – often in reaction to short-term supply bottlenecks or perceptions of scarcities rather than actual ones – can act as fuel to the fire.”

As well as mapping the consumption and trade trends across a series of important resources, the report also discusses the impact of external variables such as population growth and climate change. These are “multiple stress factors” which “render countries vulnerable to different types of shocks such as environmental disasters, political unrest, violent conflict or economic crises – increasing both local and systemic risks. Such factors can create new tensions and flashpoints as well as exacerbating existing conflicts and divisions along ethnic and political lines.”

The report includes a section on resource conflict flashpoints (p. 114) which outlines fifteen different potential flashpoints relating to territorial/economic zone disputes in resource-rich areas, shared water resources and transboundary river systems and resource-related rebellion and insurgency. The report is also linked to an interactive website that maps some of these trends and potential flashpoints.

The day after this report was released, the US National Intelligence Council released their own on the key trends over the next twenty years that the United States will need to adapt to or try and shape in order to “think and plan for the long term so that negative futures do not occur and positive ones have a better chance of unfolding.”

Among other so-called mega trends such as urbanisation and changing demographics, the report echoes the Chatham House research by pointing to an increasingly complex situation in terms of global resources. The report argues that,

“We are not necessarily headed into a world of scarcities, but policymakers and their private sector partners will need to be proactive to avoid such a future. Many countries probably won’t have the wherewithal to avoid food and water shortages without massive help from outside. Tackling problems pertaining to one commodity won’t be possible without affecting supply and demand for the others.”

The key trend or ‘tectonic shift’ as the report calls it is that “demand for food is expected to rise at least 35 percent by 2030 while demand for water is expected to rise by 40 percent. Nearly half of the world’s population will live in areas experiencing severe water stress. Fragile states in Africa and the Middle East are most at risk of experiencing food and water shortages, but China and India are also vulnerable.”

While this may lead some towards overly pessimistic conclusions about a world defined by instability, human insecurity and geopolitical tensions, it is refreshing to see the NIC emphasising the importance of how the US can respond now. In his forward, the Council’s Chairman Christopher Kojm states that “We are at a critical juncture in human history, which could lead to widely contrasting futures. It is our contention that the future is not set in stone, but is malleable, the result of an interplay among megatrends, game-changers and, above all, human agency.” It is worth noting the deliberate use of the phrase ‘alternative worlds’ in the report.

While some degree of adaptation to these structural trends mapped out by both Chatham House and the National Intelligence Council will undoubtedly be necessary, the importance of both of these reports is that they remind us of the need for clear and far-sighted thinking on policy responses now. The worst case scenarios that these reports discuss are not inevitable and risks can be mitigated. National security policymakers will do well to study the scenarios outlined in these two impressive reports and to try and understand the drivers and ‘tipping points’ that lead to certain pathways. Both reports offer prescriptions for current decision makers (the Chatham House recommendations on ‘targeted resource dialogues’ and ‘coalitions of the committed’ are particularly worthwhile). While volatility and uncertainty might be the ‘new normal’ in global resource politics, one thing is entirely certain – inaction and ‘business-as-usual’ when facing “a critical juncture in human history” is a recipe for disaster.

Ben Zala is a Lecturer in International Politics at the University of Leicester.

Image source: Stayraw

The Responsibility to Protect (R2P) is a significant, if controversial, development in international affairs. China has proposed its own semi-official version of R2P called “Responsible Protection”.

Author’s Note: This article highlights issues discussed in more depth in various publications, including Andrew Garwood-Gowers, ‘China’s “Responsible Protection” Concept: Reinterpreting the Responsibility to Protect (R2P) and Military Intervention for Humanitarian Purposes’ (2016) 6 Asian Journal of International Law 89 and Andrew Garwood-Gowers, ‘R2P Ten Years after the World Summit: Explaining Ongoing Contestation over Pillar III’ (2015) 7 Global Responsibility to Protect 300.

Introduction

Over the last decade and a half the Responsibility to Protect (R2P) principle has emerged as a significant normative development in international efforts to prevent and respond to genocide and other mass atrocity crimes. Yet it has also been controversial, both in theory and in practice. R2P’s legal status and normative impact continue to be debated in academic and policy circles, while its implementation in Libya in 2011 reignited longstanding concerns among many non-Western states over its potential to be misused as a smokescreen for regime change. These misgivings prompted Brazil to launch its “Responsibility while Protecting” (RwP) concept as a means of complementing and tightening the existing R2P principle. China, too, has proposed its own semi-official version of R2P called “Responsible Protection” (RP). This contribution explores the key features and implications of the lesser known Chinese initiative.

The R2P Principle

Image by UN Photo via Flickr.

R2P first appeared in a 2001 report by the International Commission on Intervention and State Sovereignty (ICISS), a body set up by the Canadian government to consider how the international community should address intra-state humanitarian crises. However, after the initial concept proved contentious a modified version of R2P – labelled “R2P-lite” by one commentator – was unanimously endorsed by states at the 2005 World Summit. In its current form R2P consists of three mutually reinforcing pillars. The first is that each state has a responsibility to protect its populations from the four mass atrocity crimes (genocide, war crimes, crimes against humanity and ethnic cleansing). Pillar two stipulates that the international community should encourage and assist states in fulfilling their pillar one duties. Finally, pillar three provides that if a state is manifestly failing to protect its populations the international community is prepared to take collective action in a timely and decisive manner on a case-by-case basis, in accordance with Chapter VII of the UN Charter.

Action under pillar three can encompass non-coercive tools such as diplomacy and humanitarian assistance, as well as coercive means including sanctions and the use of force. The international community’s pillar three responsibility is framed in conservative terms, creating only a duty to consider taking appropriate action, rather than a positive obligation to actually respond to a state’s manifest failure to protect. Crucially, the UN Security Council remains the only body that can authorise coercive, non-consensual measures under pillar three. R2P does not grant states a right to undertake unilateral humanitarian intervention outside the Charter’s collective security framework. Overall, R2P is best characterised as a multi-faceted political principle based on existing international law principles and mechanisms.

The most well-known instance of pillar III action to date is the international community’s rapid and decisive response to the Libyan crisis in early 2011. The Security Council initially imposed sanctions and travel bans on members of the Gaddafi regime before passing resolution 1973 authorising the use of force to “protect civilians and civilian populated areas under threat of attack’’. China, Russia, Brazil and India each abstained on the vote to mandate military force against Libya. As the extent of NATO’s military targets and support for the Libyan rebels became apparent, many non-Western powers criticised the campaign for exceeding the terms of the Security Council resolution. For these states, the eventual removal of the Gaddafi regime confirmed their perception that R2P’s third pillar could be manipulated for the pursuit of ulterior motives such as the replacement of unfriendly governments.

The post-Libya backlash against R2P was at least partly responsible for Security Council deadlock over Syria. Russia and China have exercised their vetoes on four separate occasions to block resolutions that sought to impose a range of non-forcible measures on the Syrian regime. At the same time, there has been renewed debate about the strengths and weaknesses of R2P’s third pillar. In late 2011 Brazil’s RwP initiative proposed a series of decision-making criteria and monitoring mechanisms to guide the implementation of coercive pillar three measures. While RwP initially attracted significant attention and discussion, Brazil’s foray into norm entrepreneurship was short-lived and R2P has remained unaltered.

Reframing R2P as “Responsible Protection”

China’s traditional insistence on a strict interpretation of sovereignty and non-intervention has made it uncomfortable with the coercive, non-consensual aspects of R2P’s third pillar. As a result, Beijing has consistently emphasised the primacy of pillars one and two, while downplaying the scope for pillar three action. In this respect, its decision not to veto resolution 1973 on Libya came as something of a surprise.

China’s contribution to the post-Libya debate over R2P’s third pillar is less widely documented than Brazil’s efforts. In mid-2012 the notion of “Responsible Protection” was floated by Ruan Zongze, the Vice President of the China Institute for International Studies (CIIS),  which is the official think tank of China’s Ministry of Foreign Affairs. Although China has not explicitly adopted the concept as a formal policy statement on R2P, its implicit endorsement means it can be described as a “semi-official” initiative.

RP is primarily concerned with R2P’s third pillar and, in particular, providing a set of guidelines to constrain the implementation of non-consensual, coercive measures. It consists of six elements or principles, which are drawn from just war theory and earlier R2P proposals such as the 2001 ICISS report and Brazil’s RwP. In this respect, RP represents a repackaging of previous ideas, rather than an entirely original initiative. However, by reframing these concepts in stricter terms it reflects a distinctive Chinese interpretation of R2P that seeks to narrow the circumstances in which non-consensual use of force can be applied for humanitarian purposes.

The first element draws on the just war notion of “right intention”. It provides that the purpose of any intervention must be to protect civilian populations, rather than to support “specific political parties or armed forces”. This conveys Beijing’s concerns over the motives and objectives of those intervening under the banner of R2P, as expressed during the Libyan experience. Element two relates to the “right authority” criterion. It reiterates the longstanding Chinese position that only the Security Council can authorise the use of coercive measures, and that there is no right of unilateral humanitarian intervention granted to states.

RP’s third element is based on the traditional principle that military intervention should be a “last resort”. Its call for “exhaustion of diplomatic and political means of solution” is consistent with Beijing’s broader policy preference for diplomacy and dialogue over forcible measures. However, insisting on a strict, chronological sequencing of responses may deprive the international community of the flexibility needed to ensure timely and decisive action on humanitarian crisis. For this reason, some clarification or refinement of element three may be needed. The fourth element of RP draws on aspects of the just war principles of “right intention” (like element one) and “reasonable prospects”. In relation to the latter, it provides that “it is absolutely forbidden to create greater humanitarian disasters” when carrying out international action. This stipulation reflects Beijing’s position that external intervention often exacerbates humanitarian crises and can ultimately cause more harm than good.

Element five of RP provides that those who intervene “should be responsible for the post-intervention and post-protection reconstruction of the state concerned”. Although the notion of a responsibility to rebuild appeared in the original 2001 ICISS report it was not included in the text of the World Summit Outcome document in 2005 and therefore does not form a component of the current concept of R2P. It is unclear whether China’s RP concept is explicitly seeking to resurrect this dimension or whether this element is simply intended to emphasise Beijing’s broader perspective on peacebuilding and development in post-conflict societies. Finally, element six calls for greater supervision and accountability of those carrying out UN authorised civilian protection action. This is a similar demand to that made in Brazil’s RwP proposal, though little detail is given as to what form any such monitoring mechanism would take.

Conclusion

Overall, the Chinese notion of RP is an attempt to reinterpret and tighten the content of R2P’s third pillar so that it aligns more closely with Beijing’s own normative preferences and foreign policy objectives. Compared to RwP and the ICISS report, RP outlines a narrower set of circumstances in which military intervention for humanitarian purposes would be appropriate. Some aspects of the proposal would certainly benefit from clarification and refinement.

However, it is notable that despite strongly criticising the way R2P was implemented in Libya, China has chosen to engage with, and actively shape, the future development of the norm. This illustrates the extent to which China, as a permanent member of the Security Council, is enmeshed in the ongoing debate over R2P. In fact, RP is explicitly framed as an example of China “contributing its public goods to the international community”. In the future we can expect China and other non-Western powers to play increasingly influential roles in the development of international security and global governance norms.

Andrew Garwood-Gowers is a lecturer at the Faculty of Law at Queensland University of Technology (QUT) in Brisbane, Australia. He has written extensively on R2P and the law governing the use of military force, with publications in leading journals including Global Responsibility to Protect, the Asian Journal of International Law, Journal of Conflict and Security Law and the Melbourne Journal of International Law.