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Chapter 5. The Responsibility to Rebuild Sayaka Yanagi.

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Presentation on theme: "Chapter 5. The Responsibility to Rebuild Sayaka Yanagi."— Presentation transcript:

1 Chapter 5. The Responsibility to Rebuild Sayaka Yanagi

2 Outline of Chapter 5 Post-Intervention Obligations Administration Under UN Authority Local Ownership and the Limits to Occupation

3 Post-Intervention Obligations: Peace Building If military intervention is taken, … there should be a genuine commitment to helping to build a durable peace, and promoting good governance and sustainable development. Partnership with local authorities: Transfer authority and responsibility to rebuild

4 Issues of the interventions in the past: Insufficient recognition of the responsibility to rebuild Poorly managed exit of the interveners Inadequate commitment to help with reconstruction Need for a post-intervention strategy for military intervention Post-Intervention Obligations: Peace Building

5 Reconciliation processes to be generated on ground level reconstruction efforts True reconciliation occurs when former adversaries join hands in rebuilding their community; repairing infrastructure rebuilding houses planting and harvesting

6 Post-Intervention Obligations: Peace Building Post-conflict peace-building: Actions undertaken at the end of a conflict to consolidate peace and prevent a recurrence of armed confrontation. Creation or strengthening of national institutions Monitoring elections Promoting human rights Providing for reintegration and rehabilitation programmes Creating conditions for resumed development Clear and effective post-intervention strategy The Causes of Conflict and the Promotion of Durable Peace and Sustainable Development in Africa report (Secretary-General, 1998)

7 Post-Intervention Obligations: Security Basic security and protection for all members of a population, regardless of ethnic origin or relation to the previous source of power in the territory. Revenge killings, Reverse ethnic cleansing Plan for this contingency before the entry No guilty minorities

8 Post-Intervention Obligations: Security Post-intervention phase Disarmament Demobilization Reintegration of local security forces

9 Post-Intervention Obligations: Security Rebuilding national armed force and police integrating formerly competing armed factions Too long-term for the intervening authorities Too expensive/ sensitive for international donors; fear later accusations Exit strategy for intervening troops

10 Post-Intervention Obligations: Justice and Reconciliation Non-corrupt or properly functioning judicial system may never have existed Importance of creating a functioning judicial system to prevent further human rights violation Justice packages by NGOs

11 Post-Intervention Obligations: Justice and Reconciliation Return of refugees and IDPs (=internally displaced persons) The legal rights of returnees from ethnic or other minorities E.g.) Croatia Difficulties in establishing tenancy rights over formerly socially owned property. E.g.) Yugoslavia

12 Post-Intervention Obligations: Justice and Reconciliation Return sustainability: creating the right social and economic conditions for returnees Access to health Education and basic services Eradication of corruption Promotion of good governance Long-term economic regeneration of the country

13 Post-Intervention Obligations: Development Encouraging economic growth, the recreation of markets and sustainable development Ending coercive economic measures Not prolonging comprehensive or punitive sanctions

14 Post-Intervention Obligations: Development Transfer of development responsibility and project implementation to local leadership/ actors Training the demobilized for new income generating activities Implementation of social and economic reintegration projects.

15 Administration Under UN Authority Chapter XII: International Trusteeship System Article 76 To promote the political, economic, social and educational advancement of the people of the territory in question; to encourage respect for human rights; to ensure the equal treatment of all peoples in the UN in social, economic and commercial matters; to ensure equal treatment in the administration of justice.

16 Administration Under UN Authority Article 76 (b): Self-determination R2P: Designed to respond to threats to human life, not a tool for achieving political goals Trusteeship Concept Non-interference in internal affairs Cf.) Somalia

17 Local Ownership and the Limits to Occupation: Sovereignty Intervention temporarily suspends the countrys sovereignty, but it must be de facto, not de jure. Objective of military intervention: Sustaining forms of government compatible with the sovereignty of the state

18 Local Ownership and the Limits to Occupation: Dependency and Distortion Treating the people as an enemy Not taking sufficient account of local priorities and excluding local personnel Dependency on the intervening authority Sudden influx of large sums of foreign currencies Highly distorting economic effects Creation of unrealistic expectations

19 Local Ownership and the Limits to Occupation: Dependency and Distortion Growing financial and material drain Reluctance on future exercise of responsibility to protect Balance between interests of the people and country where the intervention takes place and those of the interveners

20 Local Ownership and the Limits to Occupation: Achieving Local Ownership Balance between the responsibilities of international and local actors E.g.) Kosovo Risks 1. Ethnic hostility 2. Local actors completely dependent on international actors

21 Long-term aim: To do themselves out of a job. essential to maintaining the legitimacy of intervention itself. Local Ownership and the Limits to Occupation: Achieving Local Ownership

22 Intervening to protect human beings must not be tainted by any suspicion that is a form of neo-colonial imperialism. The responsibility to rebuild must be directed towards returning the society in question to those who live in it, and who must take responsibility together for its future destiny.

23 Key Points Financial drain on international community Balance between local actors and interveners Pre-intervention planning VS Urgent need

24 Chapter 6 The Question of Authority Yuri Koyama

25 Who has the responsibility? International responsibility to protect and react with military force (=huge damage, many casualties) Who decides where and when to intervene??? The United Nations Security Council

26 The Sources of Authority The non-intervention principal Article 2.4 -No state can use force against the territorial integrity inconsistent with the Purposes of the UN Article 2.7 - the UN is prohibited from intervene essentially within the domestic Jurisdiction of any state

27 The Sources of Authority (contd) Article 24 - The UNSC has the primary responsibility for maintenance of international peace and security. Article 39 - the SC may take action when it determines the existence of any threat to the peace, branch of the peace, or act of aggression

28 The Sources of Authority (contd) Article 51 - the inherent right of individual or collective self-defence if an armed attack occurs against a member of the UN (the action taken must be reported immediately to the UNSC) Chapter 8 - No enforcement action shall be taken under regional arrangement without the authorization of the UNSC some exceptions (in Liberia and sierra Leone)

29 The Sources of Authority (contd) The UNSC = primary sole, exclusive The UN General Assembly has a responsibility to maintain international peace (in the article 10, 11) - only allowed to make recommendations Uniting for Peace resolution of 1950 Used in Korea, Egypt, and Congo. = The GA does have some influence

30 The UN as the applicator of Legitimacy The UN = a representative international body = Mutual = legitimate

31 The responsibility for lives of citizens The order of the responsibility What if a state turns out to be Incapable or reluctant to protect citizens??? International organization Domestic Authority Sovereign State ˂˂

32 The UNSCs Role &Responsibility Paramount importance of the UNSC - To make hard decisions about overriding state sovereignties. - To mobilize effective resources(military resources) - To rescue population at risk

33 The UNSCs Role & Responsibility (contd) The UNSC authorization must in all cases be sought prior to any military intervention action being carried out. The UNSC should deal promptly with any request for authority to intervene

34 The UNSCs legal Capacity The UN Charter – The UNSC decides military measure if its necessary What else…? - no Judicial review of The UNSCs decisions no way to dispute over charter interpretation

35 Legitimacy and the Veto The UN – representatives of international society…?? - exclusive: Africa, Asia, and Latin America - not answerable, accountable - protected from judicial supervision less credibility

36 Legitimacy and the Veto (contd) The Veto by Permanent Five - one veto > the rest of the vote - capricious use - possibility to be used to pursuit one or more members interests - code of conduct: permanent members wouldnt use the veto to interfere what would be majoritys will

37 Political Will & Performance The UNSCs performance has often been irresponsible and failed to meet what they were expected. - lack of interest in issues (among permanent 5) - anxiety about influence on domestic politics What should have priority over respective interests is the responsibility to protect peoples lives > domestic interests

38 What if the SC Fails to Act…? The General Assembly Regional Organization

39 The General Assembly To seek support for military action from the UNGA in an Emergency Special Session under the established Uniting for Peace procedures. A decision be the UNGA in favor of action would provide a high degree of legitimacy for an intervention & encourage the UNSC to rethink its position

40 Regional Organization Neighboring states acting within the framework of the regional or sub-regional organizations are often better places to act - sensitive to the issues - familiar to the actors - interests

41 Key points Definition of the UNSCs Authority The UNSCs Legality The Structure and Veto Problem

42 Key points of Ch 5 & 6 Financial drain on international community Balance between local actors and interveners Pre-intervention planning VS Urgent need Definition of the UNSCs Authority The UNSCs Legality The Structure and Veto Problem

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