Notes from Chapter 8: The Search for Peace and Security in Margaret P. Karns and Karen A. Mingst "International org...
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K & M – Chapter 8: The Search for Peace and Security In: Margaret P. Karns and Karen A. Mingst (Eds.). International organizations: the politics and processes of global governance/ 2nd ed. Pp. 289 - 385.
Notes:
Changing nature of conflicts o Since the 1950s the nature of war changed along with meaning of concepts of security Changing nature of conflicts and humanitarian disasters o Sharp decrease of interstate wars o Sharp increase of intra-state (civil) conflicts Peaked between 1985 and 1995 Struggles for determination, collapse of week states Civil wars in Rwanda, Yugoslavia, Sudan, … Long-standing conflicts, which threaten to erupt in open violence unpredictably Palestinians, Tamils o Security In the Westphalian system it meant state security = security of borders, control of population, freedom and non-interference into government’s sovereignty Increasing stress on human rights over sovereignty human security Responsibility to protect = legitimacy for an armed intervention to protect people from violence and consequences of a state failure o Evolution of warfare Weapons of mass destruction (since the WWII) Terrorism (since 1950s) Pieces of security governance o Global IGOs o Norms on the use of force o International conventions o Regional security organizations o Enforcement mechanisms o Peaceful settlement mechanisms o Peacekeeping o Humanitarian intervention o Peace-building IGOs and security o The idea of IGOs protecting security came from the experience of WWI and II o The League of Nations and the UN Based on the concept of collective security as an alternative to balance of power Article 51: SC may authorize the use of force and to obligate members to undertake sanctions Article 53: No enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the SC
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Article 54: Regional organizations must inform about their actions towards peace and security SC often authorizes regional org. to undertake action; regional org. often cooperate with UN forces o Regional IGO venues for security Europe: EU, NATO, OSCE, CSTO Asia: ASEAN, ARF, SCO Middle East: Arab League, GCC Africa: ECOWAS, AU, SADC Latin America: OAS NGOs and security o NGOs vary by mode of functioning Think tanks, aid other organizations by research and provision of information (e.g. SIPRI) Channelling policy research and advice into IGOs (e.g. IPI) Mobilization of effective international action, crisis alert (e.g. ICG) Norms setting and specific issue monitoring (e.g. disarmament groups) Humanitarian relief operations (e.g. ICRC) Norms related to the use of force o Outlawing war UN charter bounds its signatories to refrain from the use of force for dispute settlement Use of force to annex territories is now widely accepted as illegitimate Use of force as self-defence is, however, an accepted principle and legitimized the military action in the aftermath of 2001 (but it must be proportional!) o Promoting human security and humanitarianism Four 1949 Geneva conventions + 2 additional protocols International refugee law, taboo on use of nuclear, chemical and bio weapons The Geneva conventions Designed to protect civilians, POWs, wounded soldiers as well as to restrict means of warfare Legal basis for defining ‘war crime’ International human rights law Universal Declaration of Human Rights Int’l Covenant on Political and Civil Rights Principle of non-discrimination enshrined in the UN charter ICC’s Rome statute Humanitarian intervention Evolution of international human rights and norms along with development of media led to increased demands on preventing atrocities without regards to borders The genocide convention (1948) – grounds for UN enforcement But does suffering of people justify recourse to armed invasion? ‘The rights to interfere’ 2
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‘International accountability’ But also a pretext for self-serving military intervention, deployed selectively and achieving ambiguous ends. o Undermined by the failure of missions in Rwanda and Kosovo o ICISS (2001) criteria for military intervention: right authority, just cause, right intention, last resort, proportional means, reasonable prospects o R2P issues Who may authorize intervention? Just the UN SC? Humanitarian intervention rejected by the G77 and the Nonaligned Movement Gender now as part of human rights – but idea of rights of genders not shared over the board Mechanism for the peaceful settlement of disputes o Hague Conferences 1899 and 1908 – Conventions for the Pacific Settlement of Int’l Disputes: Foundations of the mechanisms still in use today Acknowledgement of ‘dead-end streets’ – need for mediation International community’s stake in preventing war o Preventive diplomacy Intended to change the calculus of the involved parties and steer the situation towards peaceful settlement Studies suggest that it is possible to prevent conflicts from spinning out of control Therefore need for timely alert system (the UN + cooperating bodies) The rising prevalence of “culture of prevention” o Mediation May work only in situation of ‘ripeness’ = all parties see their cost in case of a conflict high enough to seek for alternatives Mediators: States, IGOs, NGOs, individuals + multiparty mediations Roles: organizer, educator, risk-taker, catalyst for change, conciliator, policymaker, discipliner (mediator with muscle) Distinct role of ad-hoc mediators and regional organizations Central role of the UN Secretary-general o Adjudication and arbitration Impartial third-party tribunals Finding the basis for settlement in the international law rather than in political negotiation and diplomacy The Hague peace conference Permanent Court of Arbitration Famous arbitrations: Argentina x Chile (Vatican), Israel x Egypt (Taba), Etiopia x Eritrea (PCA) But: issues may be deemed as inherently political and therefore inappropriate for arbitration by one or more sides Important case: The US x Nicaragua – the US contested the ICJ’s arbitration, withdrew from compulsory jurisdiction, contested its right to judge issues in the Americas. ICJ overruled and constituted a moral victory for Nicaragua Territorial and maritime disputes 3
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Collective security, enforcement and sanctions o The notion of collective security relies on the idea that peace is indivisible, and that aggression may be deterred by international organizations and pacts between nations o League of Nations already laid down the grounds for enforcing collective security, but failed to respond to Japanese invasion of Manchuria (1931) and Italians in Ethiopia (1935). o UN Charter provides legal means for collective security, but restricted during the Cold War Chapter VII provides the SC with the option to authorize the use of force Opportunities to invoke the Chapter VII expanded with the evolution of security threats o Collective security efforts involving armed force Korea; The Gulf War; Bosnia and Kosovo; Afghanistan; Anti-piracy enforcement o Enforcement and sanctions International forums enhanced opportunities to negotiate sanctions Growing use since the end of the cold war Used in 15 situations (1990 – 2001); 14 involved intra-state conflict, 4 terrorism, 3 proliferation Often also unilateral sanctions by the US – embargoes Cheap and effective, if comprehensive Flat or targeted Lifted when change of behaviour occurs, often accompanied by a restructuring plan; inducements for step-by-step development in the desired direction BUT: May trigger humanitarian crises (such as in Iraq in the 1990s), may bring about state failure, may bolster the popularity of sanctioned leaders Unsuitable in cases of failed states and armed factions. Unlikely to work unless it directly affects the leaders. Hence ‘smart sanctions’ (Iraq 2002) – targeting elites, alleviating the consequences of sanctions on civilians Requires intelligence to identify flows of goods and capital; success depends on its comprehensibility and monitoring Large-scale use of sanctions in the war on terrorism Difficult to evaluate effectiveness of sanctions Peace operations o Function: to maintain cease-fire agreements, to stabilize conflict situations, to create an environment conductive for a peaceful settlement, to help to implement peace agreements, to protect civilians o Enforcement/peacekeeping ‘Chapter VI and a half of the UN Charter’ Traditional peacekeeping/multidimensional peacekeeping/peacebuilding Peacekeeping: impartiality, military force as a last resort But, in contemporary inter-state conflicts it is often impossible to secure consent of the warring factions, and there is often no peace to monitor Therefore nowadays both chapters VI (peaceful resolution) and VII (intervention) are invoked Advantage of peacekeeping: no one is being identified as the aggressor o Organizing peacekeeping operations 4
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UN dept. of peacekeeping operations (DPKO) UN SG appoints a force commander and top officers Size of operation varies from small to major Realization relies on voluntary contribution of military and supporting personnel Middle powers preferred, especially in the context of the Cold War In early 2009 the UN had more than 90 000 deployed all over the world Traditional peacekeeping First used in the 1950 in Israel, still invaluable in the Middle East Mostly deployed in the context of inter-state conflicts Requires consent of the host state, which can be withdrawn Complex, multidimensional peacekeeping Intrastate conflicts, often accompanied with humanitarian crises Military, police and civilian components laying foundations of sustainable peace Involvement of other bodies and NGOs Repatriation of refugees, organizing elections, monitoring disarmament, disabling landmines, … Peace-building Namibia – the stress-test of peacebuilding. Administration of emancipation of Namibia from occupation by South Africa Cambodia (1993) – Peacekeeping and total reconstruction of institutions of governance by the UN. The whole country administered for a period of 18 months Former Yugoslavia (1991 – 1996) – Chapter VII invoked for the first time along with a peacekeeping mission, marking the beginning of the ambiguity of peace-making and enforcement DRC – “Africa’s First world war”. Messy situation, little political will, danger of “Somalia repeating itself”, country levitating on the brink of a state failure, Deployment of EU rapid reaction force Is it better to undertake a weak and insufficient operation or none at all? Kosovo and East Timor
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