From Kosovo to Libya: NATO and the Responsibility to Protect (R2P) Brooke Smith-Windsor, Ph.D. (Canada) December 2016

Humanitarian Intervention in Context

Humanitarian Intervention (1) This wider mission for the world Organization will demand the concerted attention and effort of individual States, of regional …organizations and of all of the United Nations system. [These] could include treaty-based organizations, whether created before or after the founding of the United Nations, regional organizations for mutual security and defence, organizations for general regional development or for cooperation on a particular economic topic or function, and groups created to deal with a specific political, economic or social issue of current concern. -- UN Secretary General Agenda for Peace 1992 New hope security mandate of UN; UNSC congeniality.

Humanitarian Intervention (2) Rwanda 1994 Srebrenica 1995 UN peacekeeping not up to the task.

Humanitarian Intervention: (3) KOSOVO 1998 NATO surveillance mission endorsed by UNSCR 1203 1999 Operation Allied Force leading to the withdrawal of Yugoslav Forces from Kosovo without UNSCR; NATO Secretary General provides written notification to UN Secretary General of developments. NATO up to the task but without legitimacy of the UN. Justified but not legitimate. “Authorizes Member States and relevant international organizations to establish the international security presence in Kosovo … the international security presence with substantial North Atlantic Treaty Organization participation must be deployed under unified command and control and authorized to establish a safe environment for all people in Kosovo … --UNSCR 1244, 1999

A standard of appropriate behaviour for actors with a given identity. R2P (1) Norm: A standard of appropriate behaviour for actors with a given identity. -- Finnemore & Sikkink

R2P (2) Para. 138. Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means. We accept that responsibility and will act in accordance with it. The international community should, as appropriate, encourage and help States to exercise this responsibility and support the United Nations in establishing an early warning capability. -- World Summit Outcome 2005

R2P (3) Para. 139. The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and VIII of the Charter, to help protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the Charter, including Chapter VII, on a case-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities manifestly fail to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity. We stress the need for the General Assembly to continue consideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity and its implications, bearing in mind the principles of the Charter and international law … -- World Summit Outcome 2005

R2P (4) LIBYA Authorizes Member States, acting nationally or through regional organizations or arrangements … to take all necessary measures … to protect civilians and civilian populated areas under threat of attack in the Libyan Arab Jamahiriya, including Benghazi, while excluding a foreign occupation force of any form on any part of Libyan territory, and requests the Member States concerned to inform the Secretary-General immediately of the measures they take pursuant to the authorization conferred by this paragraph which shall be immediately reported to the Security Council … Decides to establish a ban on all flights in the airspace of the Libyan Arab Jamahiriya in order to help protect civilians … Calls upon all Member States, in particular States of the region, acting nationally or through regional organizations or arrangements, in order to ensure strict implementation of the arms embargo - UNSCR 1973, Mar 2011

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