The R2P
The R2P
Genocide:
source: Article II of the 1948 Convention on the Prevention and Punishment of the Crime of
Genocide
“Genocide means any of the following acts committed with intent to destroy, in
whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.”
War crimes:
Source: Article 8 of the 1998 Rome Statute of the International Criminal Court, and the 1949
Geneva Conventions (and 1977 Additional Protocols)
● Willful killing;
Source: Article 7 of the 1998 Rome Statute of the International Criminal Court
“Crimes against humanity means any of the following acts when committed as part
of a widespread or systematic attack directed against any civilian population, with
knowledge of the attack:
● Murder;
● Extermination;
● Enslavement;
● Torture;
Ethnic cleansing:
Source: Not formally defined in a treaty, but used in UN resolutions and tribunals. The UN
Commission of Experts (1993) defined it as:
● measures as sanctions, arms embargoes, or the threat to refer perpetrators to the ICC.
Should peaceful means be inadequate and the state be manifestly failing or unwilling to
protect its population, then-and only thenwould the UNSC consider use of military force.
● Use of military intervention is justified when:
1. Seriousness of harm. The threat of atrocities must be clear and extreme enough to justify
military force.
2. Proper purpose. The central purpose of the intervention must be to prevent or halt suffering;
3. Last resort. Military force must be the last resort, with every reasonable non-military option
having been explored;
4. Proportional means. The scale and duration of military action must be commensurate with the
ends sought.
5. Balance of consequences. Is there a reasonable chance of success in averting the threat of
atrocities without worsening the situation?
● R2p covers crimes occurring anywhere in the world, regardless of status or prestige of
power. In this way, states with great economic, diplomatic, logistical and military
capability have a great responsibility to intervene in mass atrocity crimes.
● Not a part of customary law but widely accepted as an international “norm” since
unanimously adopted at the 2005 world summit outcome (and in the document).
● The Secretary-General's 2009 report, entitled Implementing the Responsibility to
Protect, introduced a three-pillar strategy for R2P implementation.
The three pillars are:
Pillar 1: Every state has the Responsibility to protect its populations from the four mass atrocity
crimes.
Pillar 2: The wider international community has the responsibility to encourage and assist
individual states in meeting that responsibility.
Pillar 3: If a state is manifestly failing to protect its populations, the international community
must be prepared to take appropriate collective action in a timely and decisive manner and in
accordance with the UN Charter.
● Member states have directly engaged with the R2P dialogue in many ways. Since 2009,
more than 134 states and 6 regional organizations have participated in the UN General
Assembly’s interactive dialogues on R2P. States also discuss R2P in other human rights
forums, including in debates on the protection of civilians and at the Human Rights
Council (HRC).
● Group of friends of r2p???
● As of January 2021, R2P has been invoked in 91 UNSC resolutions, 25 General
Assembly resolutions, and 52 HRC resolutions. These resolutions have addressed
situations such as Central African Republic, Côte d’Ivoire, Libya, Mali, Democratic
Republic of the Congo, Somalia, South Sudan and Syria – as well as thematic issues
such as the Protection of Civilians, Prevention of Genocide, Small Arms and Light
Weapons, Threats to International Peace and Security Caused by Terrorist Acts, and the
Protection of Healthcare in Conflict.
● Challenges:
-The first is conceptual - to ensure that the scope, and limits, of the norm as it has evolved are
well understood in all parts of the world. As new mass atrocity risk situations arise, there needs
to be broad international consensus about how to respond in the context of R2P.
-The second challenge is institutional. There is a need to ensure that governments and
intergovernmental organizations have available all the diplomatic, civilian and, as a last resort,
military capability needed to ensure effective early warning and timely action. We need
international institutions with a capacity to provide essential assistance to those countries who
need it and to people desperately in need of protection.
-The third challenge is political. In every case where atrocities have occurred and R2P has been
invoked since 2005, the difference between success (Kenya, The Gambia, Cote d’Ivoire, etc.)
and failure (Syria, Myanmar, etc.) has depended upon political leadership and timely action by
the UNSC, working with a committed regional organization. We need to ensure that whenever
and wherever atrocity crimes are threatened, the necessary commitment will be there from
international decision-makers. This means having consensual international arrangements in
place for effective mobilization by both governments and civil society. It also requires that there
is consistency in the application of R2P.
Libya (2011): France was a leading advocate for NATO intervention in Libya under R2P, aiming
to protect civilians from Gaddafi's forces. However, the aftermath saw Libya descend into chaos,
raising questions about the doctrine's effectiveness and the scope of intervention.
Syria (2011–present): Despite clear evidence of mass atrocities, France has been vocal about
the need for R2P to be invoked. However, geopolitical complexities and vetoes in the UN
Security Council have hindered action.
France’s stance:
As a european union member, france is heavily involved in advocating for human rights and
international law within the union. It is also a permanent member of the unsc and has close ties
with NATO, united states, and other western powers, it has enough power to influence decsions
taken regarding the r2p.
1 Belgium 01-01-1958
2 France 01-01-1958
3 Germany 01-01-1958
4 Italy 01-01-1958
5 Luxembourg 01-01-1958
6 Netherlands 01-01-1958
7 Denmark 01-01-1973
8 Ireland 01-01-1973
9 Greece 01-01-1981
1
Portugal 01-01-1986
0
1
Spain 01-01-1986
1
1
Austria 01-01-1995
2
1
Finland 01-01-1995
3
1
Sweden 01-01-1995
4
1
Bulgaria 01-01-2007
5
1
Romania 01-01-2007
6
1
Cyprus 01-05-2004
7
1
Czechia 01-05-2004
8
1
Estonia 01-05-2004
9
2
Hungary 01-05-2004
0
2
Latvia 01-05-2004
1
2
Lithuania 01-05-2004
2
2
Malta 01-05-2004
3
2
Poland 01-05-2004
4
2
Slovakia 01-05-2004
5
2
Slovenia 01-05-2004
6
2
Croatia
7
● USE PUBLIC AND MEDIA STATEMENTS TO HIGHLIGHT FRANCE’S COMMITTMENT
TO HUMAN RIGHTS ADVOCACY (fance has consistently made efforts to give the r2p
more dialogue after the UN general assembly conferences)
● PAINT FRANCE AS A GAURDIAN OF INTERNATIONAL HUMAN RIGHTS
ADVOCACY
● COULD PROPOSE A FORMAL CODE OF CONDUCT FRAMEWORK FOR THE
COUNTRIES THAT HOLD VETO POWER: THE P5- CHINA, FRANCE, RUSSIA, UK,
USA
● FREINDS OF THE R2P: very important, could make this as a bloc
-clarify criteria for response and action
-adress BRICS (brazil, russia, india, china) criticism
-adress concerns of soveriegnity breach, selective interventions, and immediate military
intervention
-refernce past leadership and intervension very clearly
-since r2p is not a law, focus on strengthening laws that aid the r2p (such as proposing a
committee to overview the R2P proceedings every 4 months and producing an unbiased,
un-overlooking quarterly report )
the French proposal of a few years ago that the five permanent members of the
Security Council enter a voluntary self-restraint agreement not to exercise their veto in
mass atrocity cases, and the related proposal by the so-named Accountability,
Coherence and Transparency (ACT) Group for a Code of Conduct binding all Council
members when dealing with atrocity situations. Together, these parallel initiatives
have been signed by over 120 governments.
❖Australia, has in the past also played a major energising role on global public
goods issues – and has been a leading supporter of R2P from the beginning –
but we have unhappily tarnished our human rights reputation in recent years, in
particular with our treatment of asylum seekers, and the recent shocking
revelation of war crimes committed by our special forces in Afghanistan.
The main issue and possible solutions:
● The R2P doctrine is selectively applied often times when it benefits the state putting it
into use.
● Many states are unwilling to respond to various situations, perhaps due to economical
ties with the other state, which leads to inaction when the r2p doctrine is really needed
● Preventive strategies must be strengthened as military intervention is often a breach of
supremacy
● Strengthen definations and criteria so that misuse is minimised
● Focus on rebuiding (should be a legal obligation)
● There is a gap between the doctrine itself and its action
● Clarity is extremely important and the lack of it is what has mostly caused issues
● Emphasize need for accountability
● Emphasize the need for multilateral agreements and effective communication when it
comes to reactive intervention
● Utlise existing un bodies for aid (world food programme WFP, united nations high
comissioner for refugees UNHCR, central emergency response fund CERF), for
overview and monitoring (OHCHR Office of the High Commissioner for Human Rights,
UN Human Rights Council HRC, Security Council Sanctions Committees & Panels
of Experts -Monitors: Implementation of UN sanctions e.g., arms embargoes, asset
freezes. -Panels: Report on violations and enforcement in specific countries e.g.,
DPRK, Sudan. UN Peacekeeping Missions -Monitors: Ceasefire agreements, human
rights, and local political developments. IAEA International Atomic Energy Agency
(technically independent but reports to UN) -Monitors: Nuclear programs to ensure
peaceful use (e.g., Iran). -Tools: Inspections, verification, reporting. OPCW organisation
for the Prohibition of Chemical Weapons. OCHA UN Office for the Coordination of
Humanitarian Affairs)
What happened:
After protests in Libya in early 2011, the Gaddafi regime threatened violence against protestors
and was moving troops toward Benghazi, making statements about purging the
opposition.E-International Relations+2Taylor & Francis Online+2
UNSC passed Resolution 1970 (Feb 2011), recalling Libya’s responsibility to protect,
condemning violations, imposing sanctions and referring the situation to ICC.E-International
Relations+2Emerald+2
Then in March 2011, UNSC adopted Resolution 1973 authorising "all necessary measures" to
protect civilians (no-fly zones, etc.). NATO intervened, carried out air strikes, etc.E-International
Relations+1
Successes:
Swift action: Compared to earlier crises like Rwanda or Bosnia, UNSC moved
quickly.E-International Relations+2Emerald+2
Legitimacy of R2P boosted: first time a state was intervened against its wishes under R2P’s
framework for protection of civilians.E-International Relations+2Emerald+2
Beyond Protection → Regime Change: NATO and other interveners ended up pressing for
Gaddafi’s removal, which many saw as beyond the scope of R2P’s mandate (officially it was
about civilian protection). This shift eroded trust among some states.E-International
Relations+2Taylor & Francis Online+2
Post-intervention instability: After Gaddafi fell, Libya descended into political chaos, with
militias, lack of rule of law, security vacuum, factionalism, terrorism, and foreign interventions.
The “responsibility to rebuild” was weak.E-International Relations+2Emerald+2
(basically, they interveneved but took no responsibility of what happened to the country after the
intervention. They intervened for the sake of intervening and did not help ease the
consequences on the people. This is a major failure as the r2p is supposed to be for the people,
and here, intervention caused suffering to the poeple.)
Ambiguity in mandate / execution / oversight: What exactly “all necessary means” entailed
was not clearly defined; the rules of engagement, limitations, oversight of intervening forces, exit
strategy, etc., were murky.E-International Relations+2Emerald+2
(basically, criteria needs to be more well defined as to prevent chaos like the one ensued in
libiya 2011).
Lessons:
Speed is critical, but so is clarity: a strong UNSC resolution with clear limits, precise operational
framework, exit strategy and post-conflict plan is essential.
What happened:
Multiple attempts for UNSC resolutions. Russia and China frequently vetoed or blocked more
coercive [Link]+2Emerald+2
(this instance proves that veto power may be the reason r2p is unable to be applied at its fullest
potential- so a veto code of conduct framework may work here)
Challenges exposed:
Geopolitical power competition: Major Security Council members have differing interests
(Russia, Iran backing Assad; US, France, UK opposing). That prevents unified
[Link]+2Emerald+2
(this means that there is a lack of communication and cooperation in regards to applying the
r2p- what could help is making an emergency council absolutely necesarry when direct
intervention seems inevitable. This could increase cooperation and better decisions would be
made since more than one state would be involved in the intervention)
Sovereignty vs intervention / Legal and moral ambiguity: Without consensus that the state
has failed (depending on narrative), invoking R2P becomes contested. Also, the various rebel
and opposition groups complicate matters; who’s responsible, who’s
legitimate?openDemocracy+1
(basically the arguement that intervention may present itself as a breach of sovereintiy. In this
case it may help to stress the importance of interventon and prevention strategies that do not
resort to violence, think more laws, protective bodies, reviews and investigations)
Risk of escalation / unintended consequences: Concerns about intervener casualties,
spillover to neighboring states, extremist groups exploiting chaos, [Link] & Francis Online+1
(what could help here is to strengthen laws regarding consent and consequences)
Diplomatic pressure, humanitarianism (aid NGOs), limited sanctions. These are under-pillars of
R2P (pillars 1 & 2).openDemocracy
Lessons:
Without UNSC mandate, or with powerful veto-exercising states opposed, coercive action under
R2P is nearly impossible in some contexts.
Early preventive measures, pressure, diplomacy matter, but need to be more specifc so they
actually work. (means making these preventive measures stronger, so that forceful intervention
may not be needed at all. This would rule out the sovereignty issue too, and is more state
independent in the way that a lot can be done without use of actual economical or millitant
resources, but the use of media outlets, aid to NGOs and protestors, protection to states that
may reach out etc).
The expectation for regime change can overshadow or derail protection objectives, so instead of
an expectation we make use of public opinion. Utilise anonymous surveying systems, regular
reviews, utilising media outlets to bring awareness etc.
What happened:
The Sudanese government, often using proxy militias (Janjaweed), initiated widespread killings,
displacement, ethnic targeting. .Global Center for R2P+1
Slow, patchy, often reactive rather than preventive. The government often obstructed
[Link] Journals+1
(utlise preventive measures, ensure adequate communication through talks and use of media)
The protection of civilians was often partial, localized; many atrocities [Link]
Journals+1
Risk that military intervention, when considered, could lead to worse outcomes (like in libiya).
the question: when is intervention justified? What mandate? What about the cost?
(basically think of strengthening the criteria for intervention, define what “absolutely necessary”
means).
Lessons:
Pillars 1 & 2 (State responsibility & capacity, plus international assistance) are necessary
foundations. If these fail, Pillar 3 (coercive action) is hard to justify or implement.
What happened:
After disputed elections, large ethnic violence erupted. Thousands killed, many [Link]
Center for R2P+1
International community (Kenyan actors, AU, UN) mediated; Kofi Annan led process. Peace
agreements, national [Link] Center for R2P
Successes:
Rapid diplomatic intervention prevented escalation to full‑scale civil war.
The case is often cited as a positive example for early preventive action under [Link]
Center for R2P
Limitations:
Not a military intervention; so no coercive measures (which R2P allows only as a last resort, but
it worked well and we must use this as an example that military intervention isnt always
necesary).
Some blame that the prevention was incomplete and that grievances were not fully addressed,
leading to longer‑term ethnic tension still existing.
Lessons:
Non‑military responses can be extremely effective if timely, credible, and backed by legitimacy
and regional cooperation.
Early warning signs (hate speech, electoral fraud, political polarization) are as important to
respond to as actual violence.
What happened:
UNOCI (UN mission) plus French forces assisted; eventually resolved via international pressure,
recognition, use of UN & regional legal / diplomatic [Link]+1
Successes:
The combination of UN, regional organization (ECOWAS), and France’s involvement helped to
force peaceful transfer of power.
Civilian protection and mediation worked. (and frame got a good look).
Limitations:
The solution relied heavily on international force presence and political pressure; expensive and
controversial. (embrace contoversy because it can be resolved through representation and
communication, but physical consequences of military intervention cannot be resolved).
Some loss of life and violations occurred; the intervention was not perfect.
Lessons:
Force does not have to mean large-scale coercive military intervention; peacekeeping, legal
recognition, political leverage can do part.
General Debate at 25 Sep French Ministry Macron sets goal: by end of that
UNGA, Macron’s 2018 for Europe & year, two‑thirds of UN member
Speech Foreign Affairs states to support the suspension
official site. of right to veto in mass atrocities.
(France Reinforces France’s position that
Diplomacy) veto should not block action when
mass atrocity is happening. Also
ties R2P / veto restraint to
universal human rights, respect
for international humanitarian law.
(France Diplomacy)