The International Politics of Human Rights: Rallying to the R2P Cause? PDF
Preview The International Politics of Human Rights: Rallying to the R2P Cause?
The International Politics of Human Rights Theresponsibilitytoprotect(R2P)isatacrossroads,thelatestinajourneythatis only 10 years old. This book presents debates on the prevention of mass atrocities toR2P’snormativeprospects. It addresses key questions as away to inform and drive on-going conversations aboutR2P.Movingbeyondwell-rehearseddebatesaboutthetensionsandmeanings around sovereignty in R2P practice, it focuses on advancing thecredibilityofthe preventivedimensionsofR2P,whilesimultaneouslyexamining the extent of R2P’s current value-added in state decision making—especially for the 2011 actions in Libya and Côte d’Ivoire. Questionsaddressedinclude: (cid:2) Did the 2005 World Summit’s R2P framework intend to remold sovereignty, andifsohow? (cid:2) CanR2Pbreakoravertcyclesofviolence? (cid:2) How can one determine the appropriate duration and timing of the preventive andprotectivephasesofR2P? (cid:2) Who/whatshouldbethetargetsofpreventiveaction,andhowdoesthishavean impactonR2Pdiplomacy? (cid:2) Underwhichconditionsareparticularpolicytoolslikelytobeeffective? (cid:2) Whichstateandregionalactorsarebestsuitedtousingthesetools? (cid:2) Whatarethebarrierstosuccessfulpreventiveaction—howcantheybeovercome? (cid:2) Whatcapacitiesneedtobebuilt(atthenational,regional,andinternationallevels)in ordertooperationalizeR2P’spreventiveagenda? Examining a wide range of countries, this work will be essential reading for students and scholars of international human rights, international organizations, peacekeeping, and conflict resolution. MónicaSerranoisProfessorofInternationalRelationsatElColegiodeMéxico,Senior ResearchAssociateattheCentreforInternationalStudies,UniversityofOxford,and a Senior Fellow at the Ralph Bunche Institute for International Studies, CUNY. ThomasG.WeissisPresidentialProfessorofPoliticalScienceatTheCUNYGraduate Center and Director of the Ralph Bunche Institute for International Studies. Routledge Global Institutions Series Edited by Thomas G. Weiss The CUNY Graduate Center, New York, USA and Rorden Wilkinson University of Manchester, UK About the series The Global Institutions Series has two “streams.” Those with blue covers offer comprehensive, accessible, and informative guides to the history, structure, and activities of key international organizations, and introductions to topics of key importance in contemporary global governance.Recognizedexpertsuseasimilarstructuretoaddressthegen- eral purpose and rationale for specific organizations along with histor- ical developments, membership, structure, decision-making procedures, key functions, and an annotated bibliography and guide to electronic sources. Those with red covers consist of research monographs and edited collections that advance knowledge about one aspect of global governance; they reflect awide variety of intellectual orientations, the- oretical persuasions, and methodological approaches. Together the two streams provide a coherent and complementary portrait of the pro- blems,prospects,and possibilities confrontingglobalinstitutionstoday. Related titles in the series include: Shaping the Humanitarian World (2009) by Peter Walker and Daniel G. Maxwell Responsibility to Protect (2011) edited by Rama Mani and Thomas G. Weiss Humanitarianism Contested (2011) by Michael Barnett and Thomas G. Weiss United Nations High Commissioner for Refugees (UNHCR) (2nd edition, 2012) by Gil Loescher, Alexander Betts, and James Milner Human Rights and Humanitarian Norms, Strategic Framing, and Intervention (2013) by Melissa Labonte The International Politics of Human Rights Rallying to the R2P cause? Edited by Mónica Serrano and Thomas G. Weiss RO Routledge U TLED Taylor & Francis Group G E LONDON AND NEW YORK Firstpublished2014 byRoutledge 2ParkSquare,MiltonPark,Abingdon,OxonOX144RN andbyRoutledge 711ThirdAvenue,NewYork,NY10017 RoutledgeisanimprintoftheTaylor&FrancisGroup,aninforma business ©2014MónicaSerranoandThomasG.Weissforselectionand editorialmatter;individualcontributorsfortheircontributions TherightofMónicaSerranoandThomasG.Weisstobeidentified astheeditorsofthisworkhasbeenassertedbytheminaccordance withtheCopyright,DesignsandPatentAct1988. Allrightsreserved.Nopartofthisbookmaybereprintedor reproducedorutilizedinanyformorbyanyelectronic, mechanical,orothermeans,nowknownorhereafterinvented, includingphotocopyingandrecording,orinanyinformation storageorretrievalsystem,withoutpermissioninwritingfromthe publishers. Trademarknotice:Productorcorporatenamesmaybetrademarks orregisteredtrademarks,andareusedonlyforidentificationand explanationwithoutintenttoinfringe. BritishLibraryCataloguinginPublicationData AcataloguerecordforthisbookisavailablefromtheBritish Library LibraryofCongressCataloginginPublicationData Theinternationalpoliticsofhumanrights:rallyingtotheR2P cause?/editedbyMónicaSerranoandThomasG.Weiss. pagescm.–(Globalinstitutions) Includesbibliographicalreferencesandindex. 1.Responsibilitytoprotect(Internationallaw)2. Humanitarianintervention.3.Atrocities–Prevention.4.Genocide– Prevention.5.Humanrights–Politicalaspects.I.Serrano,Mónica, editorofcompilation.II.Weiss,ThomasGeorge,editorof compilation. KZ4082.I582014 341.4'8–dc23 2013025943 ISBN:978-0-415-62633-0(hbk) ISBN:978-0-415-62634-7(pbk) ISBN:978-1-315-85142-6(ebk) TypesetinTimesNewRoman byTaylor&FrancisBooks Contents List of illustrations vii List of contributors viii Foreword by Edward C. Luck xiii Foreword by the series editor xx Acknowledgments xxii List of abbreviations xxiv Introduction: is R2P “cascading”? 1 MÓNICASERRANOANDTHOMASG.WEISS PARTI The responsibility to prevent: applying diverse tools 27 1 Mediation and the prevention of mass atrocities 29 EILEENF.BABBITT 2 From coercive to protective tools: the evolution of targeted sanctions 48 ALEXANDRADOSREISSTEFANOPOULOSAND GEORGEA.LOPEZ 3 Monitoring and fact finding by UN human rights mechanisms 67 EKKEHARDSTRAUSS 4 The International Criminal Court 87 MARTINMENNECKE vi Contents Part II The responsibility to react: value added in the first decade 105 5 Brazil and R2P: responsibility while protecting 107 MONICAHERZ 6 India and R2P’s burdens of dissent and accommodation 129 KUDRATVIRK 7 Is China like the other permanent members? Governmental and academic debates on R2P 148 LIUTIEWA 8 Nigeria and South Africa: on the concept “every African is his brother’s keeper” 171 ADEKEYEADEBAJO 9 Turkey and R2P: ambivalence in promoting human rights? 192 PHILIPROBINS 10 Flesh on doctrinal bones? The United States and R2P 208 TOMJ.FARERANDCLAUDIAFUENTESJULIO 11 R2P’s unfinished journey 228 MÓNICASERRANOANDTHOMASG.WEISS Index 254 Global Institution Series Illustrations Figures 7.1 R2P-related articles published, 2006–12 158 7.2 Attitudes toward R2P in published articles 158 Tables 1.1 Comparing human rights and mediation 30 2.1 Selection of Security Council sanctions on Libya 54 2.2 Selection of Security Council sanctions on Côte d’Ivoire 57 5.1 Brazil’s voting record on Security Council resolutions relevant to R2P 115 5.2 Brazil’s voting record on selected Human Rights Council resolutions 119 6.1 India’s voting positions on key UN resolutions 141 7.1 China’s voting record in main UN forums 153 7.2 Academic paperswith an affirmative attitude toward R2P 154 7.3 Academic paperswith a neutral attitude toward R2P 155 7.4 Academic paperswith a negative attitude toward R2P 157 7.5 Master’s theses related to R2P 159 Contributors Adekeye Adebajo is Executive Director of the Centre for Conflict Resolution in Cape Town, South Africa. A former Rhodes Scholar attheUniversityofOxford,hewastheDirectoroftheAfricanProgram at the International Peace Academy (now Institute) and also a staff memberforUNmissionsinSouthAfrica,WesternSahara,andIraq. He is the author of four books on African politics and multi- lateralism:Building PeaceinWestAfrica(2002);Liberia’sCivilWar (2002);TheCurseofBerlin:AfricaaftertheColdWar(2010);andUN Peacekeeping in Africa: From the Suez Crisis to the Sudan Conflicts (2011). He also has edited six books on topics linked to interna- tional peace and security ranging from managing global conflicts to the United Nations, the European Union, West African security, and South Africa’s and Nigeria’s foreign policies toward Africa. Eileen F. Babbitt is Professor of the Practice of International Conflict Analysis and Resolution, Director of the International Negotiation and Conflict Resolution Program, and Co-director of the Program on Human Rights and Conflict Resolution at Tufts University’s FletcherSchoolofLawandDiplomacy;sheisalsoaFacultyAssoci- ate of the Program on Negotiation at the Harvard Law School. Her quarter-century as a practitioner includes work in the Middle East and the Balkans employed by the UN, various US government agencies, regional organizations, and NGOs. In addition to numer- ousarticles and book chapters,sheistheco-editorofHumanRights and Conflict Resolution in Context: Colombia, Sierra Leone, and Northern Ireland (2009); and Negotiating Self-Determination (2007). Tom J. Farer is University Professor at Denver University and former Dean of the Josef Korbel School of International Studies. He pre- viouslywasPresidentoftheUniversityofNewMexicoandatwo-term member and Chair of the Inter-American Commission on Human Contributors ix Rights, and he served in the US Departments of State and Defense and as legal advisor to the UN Operation in Somalia. He was co- editor of Global Governance and is on the editorial boards of the American Journal of International Law, Human Rights Quarterly, Chinese Journal of International Law, and The International Spec- tator; he also founded the electronic journal Human Rights & Human Welfare. He has published 12 books, and his articles have appeared in such journals as the New York Review of Books, London Review ofBooks,World Politics,International Organization, Foreign Affairs, Foreign Policy, the Harvard and Columbia Law Reviews, and Human Rights Quarterly. Claudia FuentesJulio isaPhD candidateintheJosefKorbelSchoolof International Studies at Denver University. Earlier she worked for five years as a researcher at the Latin American Faculty of Social Sciences (FLACSO-Chile) on foreign policy, human rights and security, with a focus on Latin America. She has taught and lec- tured in universities in the United States, Latin America, and the Diplomatic Academy of Chile. Monica Herz is Associate Professorof Political Science at the Catholic University of Rio de Janeiro. She haswritten numerous articles and book chapters on Latin American security and Brazilian foreign policy in addition to authoring or co-authoring three books: Inter- nacionais: histórias e práticas (2004); Ecuador vs. Peru: Peace- making Amid Rivalry (2002); and The Organization of American States: Global Governance away from the Media (2011). She is currently working on abook about the BRICS. George A. Lopez holds the Hesburgh Chair in Peace Studies at the University of Notre Dame’s Kroc Institute. In 2010–11, he served on the UN Panel of Experts for monitoring and implementing UN sanctions on North Korea. His research focuses primarily on the problems of state violence, economic sanctions, violations of human rights, and ethics and the use of force. Working often with David Cortright,hehaswrittenmorethan25articlesandbookchaptersas well as six books on economic sanctions, including The Sanctions Decade: Assessing UN Strategies in the 1990s (2000). Their research detailing the unlikely presence of weapons of mass destruction in Iraq appeared in 2002 before the war, “Disarming Iraq” in Arms Control Today (2002), and was further substantiated in 2004 after the war, “Containing Iraq: The Sanctions Worked” in Foreign Affairs.
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