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Analysis
Singing the tune of
sovereignty? India and the
responsibility to protect
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an
ostensible
commitment
to
calibrated
engagement
to
renewed
its
cautious
sceptical
interpretation,
Madhan Mohan Jaganathan is an Assistant Professor at the Centre for International Politics, Organisation and
Disarmament, School of International Studies, Jawaharlal Nehru University, New Delhi, India. He has an MSc and
MA from Madras Christian College, Chennai and an MPhil and PhD from Jawaharlal Nehru University, New
Delhi.
Gerrit Kurtz is a Research Associate with the Global Public Policy Institutes peace and security programme. His
main research interests are peace and conflict studies, international organisations, global norms and South
Asian politics.
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Introduction
In spite of being considered an emerging power, it is striking that India often abstains
from active diplomatic involvement in concrete crisis situations beyond its region. Equally,
Indias long-standing contribution to robust peacekeeping operations by the United
Nations contrasts with its lukewarm response to the principle of a responsibility to protect
(R2P) populations from atrocity crimes such as genocide and crimes against humanity.1
After a very prominent, though highly sceptical role, at the end of the negotiations on R2P
at the World Summit in 2005, India has expressed a very cautious attitude and pursued a
limited diplomatic practice concerning R2P. This puzzle is what the present paper seeks to
unravel and explain. Why has India refrained from actively engaging with R2P
diplomatically despite its peacekeeping practice? The existing literature on the subject is
deficient. One trend has been to solely attribute interest-driven motives and risk-averse
strategic culture to Indias behaviour.2 Another tendency is to characterise its position as
ambiguous,3 oscillating between strong criticism of Western interventionism and practices
of regional hegemony.
This paper provides an alternative explanation. A systematic examination of R2P cases,
notwithstanding the nuanced differences of each, is revealing: domestic sources through
the presence of the so-called regional and other political parties in coalition governments
and the role of individual decision-makers influence Indias foreign policy-making
process. In addition, India continues to privilege the principle of sovereignty and its
corollary, non-intervention in the internal affairs of states. Inherent in Indias respect for
sovereignty is the notion of morality,4 which echoes the value of sovereign equality. This
implies that India considers sovereignty to be a value worthy of respect and adherence.
Accordingly, non-intervention is construed not just as a foreign policy objective rooted in
rational considerations but a deeply ingrained moral value. This is not to suggest that
India has always refrained from intervention in the internal affairs of other states. Indias
insistence on the principle of sovereignty is, to a large degree, however, a result of its earlier
inferences in its South Asian neighbourhood. In addition, domestic and personality-based,
individual-level factors considerably influence the rhythm of Indias evolving position.
These propositions are useful in appreciating the manner in which India has perceived,
interpreted, deliberated upon and responded to R2P in recent times.
Based on a detailed analysis of statements, speeches and other policy pronouncements
as well as personal interviews with experts and policy-makers in New Delhi, London and
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Berlin, the paper identifies three phases in the evolution of Indias position on R2P. The
first phase began in the years before 2005, continued through the World Summit in 2005
and lasted until June 2009. This phase was characterised by deep scepticism towards the
institutionalisation of R2P. During this period, Indias R2P policy was divided between the
government in Delhi and the permanent representative of India to the United Nations in
New York.
It was only with the first debate at the UN General Assembly in July 2009 that India
began to positively engage with the concept of R2P;5 it recognised the notion of
sovereignty as responsibility.6 It was during this second phase, which lasted from July
2009 to February 2011, that Indias attitude towards R2P turned positive; its interpretation
of R2P included a limited scope with exclusive authority vested in the United Nations
Security Council. Indias decision to go along with the consensus with regard to UN
Security Council resolution 1970 in the wake of the crisis in Libya fits this interpretation.
With the unfolding of the crisis in Libya in 2011, especially in the wake of regime
change, India became less supportive and more apprehensive of R2P, signalling the third
phase. In this phase, which began in March 2011 and continues as of 2014, Indias support
for R2P has not faltered completely;7 its attitude is still positive but more sceptical towards
pillar three of R2P that includes coercive measures.8 This position was confirmed by
Indias embrace of the Brazilian proposal of a responsibility while protecting (RwP) in
2012, which demanded greater attention to the implementation of Security Council
mandates and criteria for the use of force by the Council.9
The article is structured in the following manner. First, it narrates the historical
experiences of India with an emphasis on recent Cold War history. Second, it examines
Indias policy after the end of the Cold War until 2004. Third, the analysis focuses on the
period from 2005 to date. These three phases are delineated, discussed and interlaced with
a number of concrete cases and multilateral debates, notably in the two years of Indias
non-permanent membership of the UN Security Council in 2011 and 2012. The article
explains Indias engagement with regard to the situations in Myanmar after cyclone Nargis,
the end of the war in Sri Lanka, the intervention in Libya and the humanitarian crisis in
Syria as well as its diplomatic interventions in UN debates. Fourth, an attempt is made to
provide an explanation for Indias stance on R2P. The conclusion elaborates the inferences
drawn from the study.
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worldview.18 In essence, from the very beginning Indias foreign policy has been linked to
the domestic theatre.
Indias intervention in East Pakistan in 1971 is often considered a textbook illustration
of humanitarian intervention by many Indian commentators as well as Wheeler.19 The
outbreak of civil war in East Pakistan in March 1971 resulted in the influx of millions of
refugees into the Indian state of West Bengal.20 India intervened in December 1971 to
contain this flow and liberate East Pakistan. India initially claimed that it was acting for
humanitarian reasons to halt the ongoing genocide in East Pakistan committed by
Pakistani troops and militias.21 This line of justification, however, was not accepted by the
international community. With the Security Council unable to reach a decision beyond
transferring the issue to the General Assembly, the latter passed a US-sponsored resolution
demanding an immediate ceasefire.22 All this prompted India to revert to the more
acceptable justification of self-defence,23 and to draw a relevant inference:24 the
international community would not accept humanitarian justifications for military
interventions.25 Indias intervention may also be attributed to the calculation by the Indira
Gandhi Government that projecting strength26 and diverting attention from a brewing
domestic economic crisis would enhance its popularity. Moreover, the very personality
and leadership style of Indira Gandhi seemed to have galvanised the state towards
intervention.27
The other significant instance of military intervention during the Cold War was the case
of Sri Lanka in the 1980s. Ostensibly aimed at protecting the Tamil population in Sri Lanka
suffering from an economic blockade against the rebels of the Liberation Tigers of Tamil
Eelam (LTTE),28 the initial Operation Poomalai consisted of the forceful delivery of
humanitarian assistance by airdrops on 4 June 1987.29 India described the Sri Lankan
actions as almost genocidal in their objective30 and India effectively stopped the Sri
Lankan offensive with the airdrop. The following negotiations between the Indian and Sri
Lankan governments yielded an agreement on a large-scale intervention, the Indian Peace
Keeping Force (IPKF), tasked with disarming the LTTE and ensuring a political conflict
resolution process. In essence, the mission to Sri Lanka turned out to be a failure; the IPKF
was mired in the fight with the Tamil Tigers, which it was not able to defeat even with more
than 50,000 troops deployed.31 India withdrew its troops in 1990 in an attempt to limit the
fiasco.
The operation ended up dissatisfying almost every group possible, including the Tamils
in Sri Lanka and those residing in the state of Tamil Nadu in India. It ended up fighting
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Tamils instead of saving them, alienated the Tamil Tigers from India (which had
previously trained and supported them), and significantly reduced Indias influence on the
island. The unpleasant experience of that endeavour rendered India much more risk averse
on matters of intervention. It reinforced pre-existing preferences for upholding the
sovereignty of states and adhering to non-intervention in the internal affairs as a matter of
prudence and principle.
As the cases of East Pakistan and Sri Lanka demonstrate, India has significantly deviated
from the proclaimed principle of sovereignty and non-intervention. For India, nonintervention referred to great powers refraining from interference in the South Asian
region, where India saw itself as the natural regional hegemon. In addition, domestic
considerations influenced Indian decision-makers in sending troops into East Pakistan
and Sri Lanka, responding to the refugee flows in West Bengal and South India.
Post-Sri Lanka, India has not undertaken major interventions in its neighbourhood.32
In fact, the Gujral Doctrinewhich derives its name from the former Prime Minister of
India, Inder Kumar Gujralreaffirms the centrality of sovereign territoriality, especially of
small states in Indias neighbourhood.33 Grounded normatively in non-reciprocity, the
doctrine implies that India shall not insist on reciprocity but give and accommodate what
it can in good faith and trust with its neighbours.34 The Gujral Doctrine was not just an
innovative foreign policy framework; it heralded change and translated into a visible
improvement in Indias relations with its neighbours including Pakistan, Bangladesh,
Nepal and Sri Lanka.35 As the IPKF left Sri Lanka, India encountered a turning point in its
domestic politics as well. The end of the 1980s marked the advent of coalition politics in
the Indian political system. Between 1989 and 2014, no political party has been able to
form a government on its own, and has had to rely on a host of other parties to form a
majority.
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Security Council Resolution 688, which was used by the US, the UK and France to justify
imposing no-fly zones on Iraq.37 India condemned the suffering and loss of life of
innocent people but reminded the council that it was not for the international community
to decide what should be done, for that would impinge on the internal affairs of States.38
It is the scale of Indias involvement in UN peacekeeping that is often highlighted and
compared with its cautious and reluctant support for R2P. These two practices are neither
contradictory nor antithetical. Indias participation in UN peacekeeping is conditional
upon the respect for sovereignty, the consent of the government and clear rules of
engagement. For example, India ascertained that there was no functioning government in
Somalia in 1993. In that case the question of overriding the sovereignty of the state did not
arise, and India waited until the United Nations was vested with authority to command the
peacekeeping operation.39 It supported the United Nations Security Council Resolution
794 and provided a large contingent to the peacekeeping mission.40
India cites the international failure in Rwanda to make the argument that, contrary to
conventional wisdom, it is not sovereignty that poses an obstacle for effective intervention.
There was no such impediment in Rwanda. Rather, effective intervention is hindered by
lack of political will and, more importantly, the absence of strategic interests for the great
powers to commit themselves. As part of a non-aligned proposal,41 India was ready to
commit troops to the UN mission in Rwanda during the genocide, but not without the
backing of the UN Security Council.42 In the same vein, India did not hesitate to criticise
the so-called safe-zones in the former Yugoslavia by the United Nations Protection Force,
which were not matched by an adequate mandate to defend them. According to the force
commander from India, Satish Nambiar, the massacre in Srebrenica, which was one of
these safe zones, was waiting to happen.43
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of the attendant consequences. It joined the consensus of the non-aligned movement and
reiterated its viewpoint that under international law there was no right to undertake
humanitarian action.46 It specifically rejected the moralist language of the proponents of
humanitarian interventions who asked can we stand by and let people die [ . . . ]?.47 That
was not the right question, India argued one year after the Kosovo war, because while
superior firepower could put an end to genocide by paramilitary gangs, fighting the
roots of the problem required a long-term international presence.48 This reflected its
strategic culture in terms of a sceptical attitude towards the utility of the use of force in
general.
It is therefore not surprising that a regional roundtable with non-governmental
organisations, held by the International Commission on Intervention and State
Sovereignty in June 2001, enlisted several criteria that would need to be established for
any intervention. These include the restriction of the scope of possible crimes covered to
the most heinous crimes, such as genocide, imminent or ongoing gross human rights
violations and mass murder; fulfilment of the precautionary principles later enumerated
in the final report (i.e. right intention, last resort, proportional means and reasonable
prospects);49 and the stipulation that if at all possible, intervention should occur on the
basis of the invitation of the government of the state in which the intervention is to
occur.50 These points summarise Indias priorities and concerns on the issue of
humanitarian intervention.
Under the government of the National Democratic Alliance (NDA) coalition led by the
Bharatiya Janata Party (BJP), India viewed R2P as interchangeable with humanitarian
intervention. It therefore concluded in 2002 that the concept has not found acceptance
among the vast majority of the membership of the United Nations and that [f]urther
discussion of this subject would, in our view, be infructuous.51 Nevertheless, the
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government also tried to present India as an upcoming major power and to improve its
relations with the United States, and even considered sending a sizable number of
peacekeeping troops to US-occupied Iraq in 2003.52 Indias relatively mild criticism of the
unilateral intervention indicated a more flexible view of international institutions and the
use of force, beyond the rhetoric of non-interventionism.53
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during the negotiations, pointing to the demands by Western civil society for a similar
restraint of the veto power. Once there was agreement on this issue, negotiators could have
moved forward; but not a single flag went up, not from Canada, not even from
Switzerland,58 Sen said. After this incident, our position really hardened.59
Consequently, Sen tried to put in as many qualifiers as possible.60 Sens campaign to
limit the applicability of R2P reached boiling point in the week before the vote on the final
draft of the outcome document.61 Calculating for maximum impact, he threatened Indias
objection to the document even as heads of government had already started to land on the
tarmac in New York. His main concern, he insisted, remained the restraint on the veto
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Assembly had not yet produced a common understanding of the concept in question,
particularly in the context of national sovereignty, the move was premature and lacking a
legitimate mandate.67 India also objected to the proposed renaming of the other related
Special Advisors title to Special Advisor on the Prevention of Genocide and Mass
Atrocities on the grounds that mass atrocities had not been defined by the General
Assembly or in the outcome document.68
Indias stance on R2P was reflected in its response towards the situation in Myanmar in
the context of a natural catastrophe. Indias soft and engaging approach, stressing capacitybuilding and closed-door diplomacy, yielded concrete results. It provided humanitarian
assistance to the afflicted population when cyclone Nargis struck Myanmar on 2 May
2008.69 This effort was in contrast to that of major Western donors and non-governmental
agencies, which were denied access by the ruling State Peace and Development Council
until 6 May 2008 and thereafter only with considerable restrictions.70 Bernard Kouchner,
the French Foreign Minister, had resorted to R2P when he called for the forceful delivery of
international aid to Myanmar.71 In contrast and demonstrating the fruits of its low-key
engagement policy, Indias aid was even delivered by Indian naval ships and a military
transport aircraft.72
Indias engagement in the final stages of the civil war in Sri Lanka is also symptomatic of
its larger attitude, interpretation and practice with regard to R2P. In its determined effort
to eliminate the LTTE, the Sri Lankan Government, headed by President Mahinda
Rajapakse, pursued an operation that killed thousands of civilians, especially Tamils, and
rendered many more homeless and internally displaced.73 India expressed a concern at the
humanitarian situation74 and reiterated that there is no military solution to the
conflict.75 In addition, it made clear that any solution will have to be achieved within the
political framework, i.e. the sovereign territory of Sri Lanka.76
Indias rhetoric became increasingly critical in its official pronouncements and
statements, declaring that a continuation of military strikes after the ceasefire would be
totally unacceptable.77 A stronger statement was made by the Minister for External
Affairs, who not only expressed unhappiness at the continued killing of innocent Tamil
civilians in Sri Lanka but also reminded the Sri Lankan Government that it has a
responsibility to protect its own citizens.78 The timing of this statement can be attributed to
the elections to the lower house of parliament in India which were held between 16 April
and 13 May 2009. This rhetoric also reflected significant domestic pressure for the UPA I
Government from its parliamentary ally DMK, a major political party in the state of Tamil
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Nadu. The pressure was further amplified by protests in the state that culminated in a brief
hunger strike by the chief minister, Muthuvel Karunanidhi from the DMK.79
Consequently, India pressed the Sri Lankan Government for three 48-hours unilateral
ceasefires and extracted a commitment in late April that the armed forces would stop using
heavy weapons.80
Still, India was playing a difficult game between domestic pressure and strategic
objectives in destroying the LTTE and retaining influence in its neighbourhood. India had
supported the Sri Lankan Government in fighting the LTTE long before, including with
radar equipment and a naval blockade.81 Subsequent developments suggest that India did
not want to antagonise Sri Lanka. In May 2009, at a special session of the UN Human
Rights Council, India aligned with the Government of Sri Lanka against a European draft
resolution,82 criticising the special session as an unfortunate development, thereby
politicising the work on reconciliation.83
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manoeuvrable space for the UPA coalition to move closer towards the United States,
solidify the civilian nuclear co-operation agreement and become more receptive to R2P;
change was indeed observable when Hardeep Singh Puri assumed office as the new
permanent representative of India at the United Nations. At the first General Assembly
debate on R2P, held in July 2009, Indias official statement delivered by Puri dispelled
apprehensions by stressing that it has been its consistent view that the responsibility to
protect its population is one of the foremost responsibilities of every state.89 However, the
statement continued to insist on several caveats, such as peaceful means, and the need for
extra vigilance in the context of application of R2P.90
A comparison with Indias earlier policies demonstrates that the 2009 statement
indicated a change in style and emphasis rather than in substance. For abstract multilateral
discussions about a political concept such as R2P, however, style and emphasis matter a lot.
India has come to see the state obligations under R2P as a long-established principle of
sovereignty as responsibility practised in democratic states such as its own. This insight
explains, in part, why India has not engaged with or contributed to the evolution of the
R2P norm conceptually. India contends that responsibility is inherent to sovereignty and
therefore does not perceive the need to coin a new international concept that entails
something already codified in democratic constitutions as basic state responsibility.
In August 2010, for the first time, India explicitly conceded that a state could fail or be
unable to protect its population for whatever reason and recognised that under those
circumstances the international community does not want to be an innocent bystander.91
However, it voiced scepticism regarding the efficacy of early warning mechanisms for the
implementation of R2P in so far as they did not involve member states.92 While accepting
that states are obliged to protect their citizens, India highlighted the predicament of the
state in dealing with militant groups.93 It underscored that under such situations states
cannot but take appropriate action,94 qualifying its support for the first and second pillars
of R2P. This point of view resonates with its rationale for the Armed Forces Special Powers
Act which allows wide-ranging discretion for the operation of armed forces in counterinsurgency operations. The Act continues to be operational despite pleas from several
quarters including members in the Union Cabinet for its repeal.95 With regard to the
protection of civilians, India emphasised that the response of the Security Council and the
international community must be proportional to the threat involved and maintained
that force is not the only way of protecting civilians.96
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Indeed, Indias support for pillars one and two of R2P echoes its long-standing
conviction that, except in very rare cases, states are best equipped to respond to crisis
situations. The task of the international community is therefore to assist and support the
building of the capacities of governments in fulfilling their obligations. Similarly, India
endorsed improving the analytical capacities of the UN Secretariat, including for early
warning. At the same time, it reminded its fellow member states that in the cases of
Rwanda and Srebrenica, which they cite frequently, missing information and analysis were
not the central problem; the problem was competing strategic, political or economic
considerations of those on whom the present international architecture had placed the
onus to act.97
Indias voting behaviour and statements during the crisis in Libya in early 2011
confirmed its cautious attitude towards R2P. Indias vote in favour of resolution 1970
could be seen in the context of its presence in the Security Council, which considerably
reduced its leeway for opting out of the exercise; rather, it was impelled to take a concrete
stance on the issue. India also felt it had to show solidarity with its traditional Arab and
African non-aligned partners, urging it to vote for the referral of the situation in Libya to
the International Criminal Court,98 despite its opposition to the Rome Statute.99 More
importantly, India was considerably influenced by the need to protect its own nationals
caught in the quagmire.100
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totally unacceptable and stressed the importance of political efforts to address the
situation.103 In addition, India said that the resolution authorises far reaching measures
under Chapter VII of the UN Charter and expressed its typical view that there should be
full respect for sovereignty, unity and territorial integrity of Libya.104 The use of the
expression all necessary measures in paragraph 4 of the resolution, amounting to a blank
cheque for the intervention, was not palatable and struck a jarring chord for India, which
decided at that point to not go along with the resolution.105 Several scholars make a link
between Indias abstention and domestic considerations such as the presence of a large
Muslim population within its territory.106 While it remains unclear to what extent Indian
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India continued to pursue diplomatic practices in support of R2P in Syria. India was
particularly wary of Western (and Arab) attempts to condemn regime violence, impose
sanctions, supply weapons to the rebel forces or even intervene militarily. India claims credit
for removing a stalemate in the Security Council (temporarily), as it took on a diplomatic
initiative in August 2011.117 Under its presidency, the Security Council issued its first
presidential statement on the crisis,118 something that had been fought over for months.
When its objections against the first Security Council draft resolution were removed, it joined
the consensus on the second draft resolution in February 2012. These objections referred to
the threat of sanctions or even (implied) military measures and avoiding selectivity in calling
for the renouncement of violence.119 In the summer of 2013, while criticising the Syrian
Government for the use of chemical weapons, India nonetheless insisted that any course of
action would have to be under the auspices of the UN and not outside its framework.120
In a slight turnaround, India voted in favour of two resolutions which were critical of Sri
Lankas record with regard to reconciliation and accountability for alleged war crimes and
crimes against humanity in 2012 and 2013 at the UN Human Rights Council
(UNHRC).121 The vote can be largely attributed to domestic demands from Tamil Nadu,
especially from the DMK.122 India did, however, help to tone down the language of the
2012 resolution and emphasise its core priority for state sovereignty: [a] democratic
country like Sri Lanka has to be provided time and space to achieve the objectives of
reconciliation and peace.123
However, at the UNHRC in March 2014, India abstained from the resolution that asked
the UN High Commissioner for Human Rights to undertake a comprehensive
investigation into alleged serious violations and abuses of human rights and related crimes
by both parties in Sri Lanka between 2002 and 2009.124 While domestic factors were
decisive for the decision,125 the abstention was in line with Indias long-standing rejection
of country-specific resolutions and its scepticism with regard to an international role in
criminal investigations.
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postulates. Indias position on R2P is grounded in its social and cultural roots, shaped by
its historical experiences and influenced by domestic and individual-level factors.
An identity-based understanding may be useful in shedding light on Indias perspective.
To a certain extent, India is overwhelmed by how other actors (i.e. states) perceive it
currently; a rising or an emerging power is the term in vogue. Accordingly, India is
conscious of its fluid identity in international society. The dilemma is whether to act
responsibly so as to satisfy the expectations or to carve out its own niche and become a
major power on its own terms. Unlike Brazil, which has promoted the idea of RwP, India is
merely responding to the discourse rather than fleshing out its own proposal.129 An
attitude of cautious support towards R2P amidst acute concerns such as the infringement
of sovereignty and the legitimacy of such enterprises probably echoes this tension.
Indias behaviour defies the description of the state as a unitary and rational actor.130
It would be futile to understand Indias perspective on R2P without recognising its internal
dynamics. The deliberation over R2P has been initiated and shaped during the coalition
era. Indias stance on Sri Lanka is a case in point. The pressure exerted by the DMKa
political party in Tamil Nadu with whom the INC, the prime constituent of the UPA
coalition government was keen to sustain the electoral alliancewas influential. India
shifted the scale and voted in favour of resolutions that were mildly critical of Sri Lanka at
the UNHRC in 2012 and 2013.131 Indias turnaround yet again at the UNHRC in 2014 by
deciding in favour of abstention demonstrates that domestic considerations are not just
influential but tied to electoral calculations and swing considerably, thereby vacillating
Indias foreign policy, especially on the issue areas of humanitarian intervention and R2P.
Another significant variable that can explain Indias practice with regard to intervention
and R2P is the personality and leadership of decision-makers. The priorities, preferences
and idiosyncrasies of leaders matter in the Indian context. Nirupam Sens leftist views
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contrasted those of Shyam Saran, the foreign secretary, at the World Summit, as well as
those of Sens successor as permanent representative to the UN, Hardeep Singh Puri.
Individual ambassadors at the United Nations can achieve such disproportionate
influence because of the very limited personnel capacities of the Ministry of External
Affairs,132 especially in terms of policy-planning and the UN divisions. This means that
tensions in Indias foreign policy are often not resolved officially. These individual
differences reflect larger debates within the Indian strategic community and the
administration. While decision-making in the Ministry of External Affairs is often
insulated from these debates, the political leaderships priorities also take into
consideration such strategic ideas, for example Indias strong support for the Brazilian
initiative of RwP may have been influenced by a priority for co-operation with other
emerging powers.
Indeed, in the last two decades or so, India has exercised very little norm
entrepreneurship in international politics in general, and concentrated instead on
ensuring favourable conditions for domestic development. This contrasts with Indias
earlier leadership at the United Nations, with Prime Minister Nehru championing a
foreign policy based on such moral principles as decolonisation, nuclear disarmament and
anti-racism.
Apart from the domestic and institutional factors, it is important to reflect on the social
and cultural moorings of India and analyse their probable influence in shaping the
discourse on R2P. Quite often, the notion of non-violence is invoked to highlight the
pacifist tradition that India seemingly adheres to in its conduct in international
relations.133 In the words of Mohandas Karamchand Gandhi, the doctrine of non-violence
is more natural for the people at large than that of violence.134 It needs to be stated that
within the social contours of the Indian landscape, non-violence is more rhetoric and less
an enduring social practice.135 As Ambedkar, a social and political leader, observed: the
perpetration of violence is a fact [ . . . ] though not many will readily believe this.136 The
social order in India is witness to violence along the lines of caste, religion, gender and
region in a regular and systematic fashion.137
Violence has become so common and a matter of almost everyday occurrence that it is
considered normal in the minds of people. In the extremely stratified society of India,
violence perpetrated towards minorities, women and the so-called lower caste groups,
viz. Scheduled Castes, Scheduled Tribes and Other Backward Classes has not been taken
seriously by policy-makers.138 It may be argued that decision-makers who are socialised in
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this matrix of violence do not just end up saying that the sovereign state is the final arbiter
of all issues but also insist firmly that the threshold level of violence, for sovereignty to be
trumped and external intervention to step in, ought to be very high, pointing to the
insistence on a narrow definition of the scope of R2P in terms of its four core crimes.
Nonetheless, a related point that deserves to be mentioned is that in the Gandhian
philosophical tradition, means do matter considerably and have to be justified on their
own terms irrespective of outcomes.139 In the context of the R2P debate, Indias stress on
peaceful means despite the ends may be seen as flowing from this tradition. It is
pertinent to note that while emphasising the means employed in any endeavour, the
Indian tradition simultaneously exhibits a preference for order. In the external sphere,
Indias preference for order is manifest in its defence of the sovereign state during the
course of the R2P debate; in the internal domain, it is evident in its continual quest for
maintaining domestic stability. It is this preoccupation with order that translates into
Indias fixation with sovereignty and its corollary, the principle of non-intervention in
the internal affairs of states.
Conclusion
The purpose envisaged in this study has been to explain Indias interpretation, attitude and
practice vis-a`-vis R2P and the change, if any, with respect to these parameters. The
preceding analysis makes it clear that Indias stance on R2P, notwithstanding the nuances,
has been cautious and calibrated. India is in agreement with pillar one and pillar two but
apprehensive about pillar three.
Indias respect for sovereignty underlies its basic position on R2P; the influence of
domestic factors explains the identification of three phases in the evolution of such a
position. It is important to stress that various factors contribute to Indias perspective on
R2P. While the notion of sovereignty is critical, it can be considered as a background
variable setting the tone of Indias position. This factor is modulated sufficiently by
domestic and individual-level factors. Indias practice on R2P and concrete stance during
an actual crisis situation depends on the interplay between these factors, where coalition
dynamics, public opinion and the preferences of individual policy-makers have to be taken
into account.
This paper has argued that Indias policy on R2P has evolved in three phases since 2005.
The first phase was marked by deep scepticism. The second phase was characterised by a
480
positive attitude. The third confirmed its apprehensions while not watering down the basic
support for R2P entirely. As a matter of principle, India has been forthright in stressing
that sovereignty is the cardinal principle in international relations, taking precedence over
the international responsibility to protect. Its dogged insistence on the consent of the state
before the entry of the international community manifests this in great clarity.
Indias emphasis on the authorisation of the United Nations Security Council
notwithstanding its unrepresentative characterfor applying R2P and undertaking
intervention makes it clear that legitimacy matters unequivocally. The idea is that if
sovereignty has to be overridden at all, in the rarest of rare circumstances, it ought to
command a robust mandate that emanates from the United Nations. In effect, these
caveats imply that, if ever questions pertaining to the application of R2P arise, India tends
to grant the state in question a reasonable benefit of the doubt. This is evidenced in Indias
stance on Sri Lanka, Libya and the ongoing crisis in Syria. In essence, this would mean
allowing considerable time and space for the erring sovereign state to make necessary
amends and fulfil its responsibility to protect its population.
In Indias worldview, sovereignty connotes the responsibility to protect its subjects;
therefore, there is no need to assign a new label such as responsibility to protect. That is
why India did not follow the style of Brazil (with RwP) in a conceptual contribution to
the global debate on R2P. However, much more deeply, India also might not have wanted
to consciously engage in a debate over a concept where it felt its core foreign policy
principles were at stake and was only gradually accepting R2P as a fundamentally different
idea than the long-rejected notion of humanitarian intervention.
Indias foreign policy does not preclude its participation in a global debate on R2P. Its
support for R2P is based on the premise that the sovereign state will not be circumvented
but rather rendered functional so as to discharge its duty in a responsible manner.
Ultimately, whether India will display more leadership or norm entrepreneurship on R2P
depends on the priorities of its leaders and how virtuously they manage to play the tune of
sovereignty.
Acknowledgements
The authors thank Gregor Hofmann, Benoy Khare, C.S.R. Murthy, Philipp Rotmann, Oliver Read
and the two anonymous reviewers for constructive comments and excellent feedback. This article is
part of a collaborative research project on Global Norm Evolution and the Responsibility to Protect
(www.globalnorms.net), generously funded by the Volkswagen Foundation through its Europe and
Global Challenges programme.
481
Endnotes
1. For an overview of the concept of R2P and its empirical
26. See Cohen, India: Emerging Power, 58, 84, 135 and 301.
issue.
Statement on Panchsheel.
15. See for example, Mansingh, Indias Search for Power, 14.
Policy
Coalitions, 25.
and
Performance
under
Democratic
Soviet Friendship.
April 2013.
43. Interview with Satish Nambiar, New Delhi, 19 April
2013.
44. Sharma, NATO Military Action.
482
48. Ibid.
2009.
58. Ibid.
59. Ibid.
60. Ibid.
61. Based upon extensive (but only Western) interviews,
Pollentine claims that Sen made his final demand in a
90. Ibid.
on Early Warning.
92. Ibid.
94. Ibid.
70. Ibid.
Keynote Address.
99. See UNSC, Meeting Records, 6491st Meeting, 2.
100. The Minister of External Affairs S.M. Krishna made a
categorical statement in Lok Sabha: There are around
18,000 Indians in Libya [ . . . ] we are putting in place
plans for possible evacuation by land, air and sea from
Libya [ . . . ]. See Krishna, Statement by Minister.
101. Hardeep Singh Puri appears to have used weary
instead of wary in his keynote address at Harvard. See
Puri, Keynote Address.
104. Ibid.
483
this issue.
113. Ibid.
114. Ibid.
2013.
130. Jaganathan and Sunmbul, Emerging Power?, 308;
Jaganathan, India in International Society.
131. UNHRC, Promoting Reconciliation, 2012; UNHRC,
Promoting Reconciliation, 2013.
Explanation of Vote.
120. UN Backing Must for Syria Action. The Statesman, 7
September 2013.
References
April 2014.
166 185.
125. The fact that the Congress party was bereft of any
drambedkarbooks.files.wordpress.com/2009/03/selected-
484
nic.in/hindixpsite/celdemo/panchsheel.pdf [Accessed 15
2013].
September 2013].
releases.htm?dtl/1589/IndiaSri
at: http://www.mea.gov.in/Speeches-Statements.htm?dtl/
Ahmedabad.
Gandhi, Mohandas Karamchand, 1947. India of My Dreams.
Navajivan Mudranalaya, Ahmedabad.
Gokhale, Nitin A., 2009. Sri Lanka. From War to Peace. HarAnand, New Delhi.
Gujral, Inder Kumar, 1996. Indias Foreign Policy: Challenges and Perspectives. Speech at a seminar at India
International Centre, New Delhi, 15 November.
Session%20on%20human%20rights%20situation%20
in%20Sri%20Lanka%20-%2026%20May%202009.pdf
9 November.
India, Permanent Mission of India to the United Nations,
New Delhi.
Mansingh, Surjit (ed.), 1988. Nehrus Foreign Policy: Fifty
4 February.
India, Permanent Mission of India to the United Nations in
549 580.
Mazumdar, Arijit, 2011. Indias Search for a Post-Cold War
UNHRC, 22 March.
485
165 182.
Mitra, Subrata K. and Jivanta Schottli, 2007. The New
Dynamics of Indian Foreign Policy and its Ambiguities.
Prevention, 11 September.
International Commission on Intervention and State
Sovereignty (ICISS), 2001. Regional Roundtable
www.mainstreamweekly.net/article2989.html [Accessed
19 July 2013].
Ottawa.
Jaganathan, Madhan Mohan, 2013. India in International
2014].
308 311.
of
Karnad,
Bharat,
2013.
The
Cultural
Context
191 250.
plibrary/ebooks/Jawaharlal%20Nehru/(sno%2012)
Important%20Speeches%20of%20Jawaharlal%20Nehru.
pdf [Accessed 15 May 2013].
486
http://www.un.int/india/2009/ind1584.pdf [Accessed 11
November 2013].
www.un.int/india/2010/ind1716.pdf [Accessed 14
November 2013].
Available
at:
http://www.hindu.com/nic/0046/
197 215.
Tharoor, Shashi, 2012. Pax Indica. India and the World of the
21st Century. Allen Lane, New Delhi.
Traub, James, 2006. The Best Intentions: Kofi Annan and the
www.un.int/india/2012/ind2058.pdf
[Accessed
November 2012].
17 December.
13 January 2013].
Raja Mohan, C., 2011. India, Libya and the Principle of NonIntervention. ISAS Insights, No. 122, National University of Singapore, Singapore, 13 April.
un.org/News/dh/infocus/Sri_Lanka/POE_Report_Full.
11/1, 27 May.
United Nations Human Rights Council (UNHRC), 2012.
Promoting Reconciliation and Accountability in Sri
Lanka. UN Doc A/HRC/RES/19/2, 22 March.
United Nations Human Rights Council (UNHRC), 2013.
International
Peace
and
Security.
Repertory
art2/english/rep_supp10_vol1-art2_7_e_advance.pdf
March.
United Nations Security Council (UNSC), 1990. Security
487
doc/RESOLUTION/GEN/NR0/575/28/IMG/NR057528.
www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-
6D27-4E9C-8CD3-CF6E4FF96FF9%7D/Libya%20S%
view_doc.asp?symbolS/RES/688(1991) [Accessed 13
April 2013].
GEN/N11/268/39/PDF/N1126839.pdf?OpenElement
PRO/N91/605/11/PDF/N9160511.pdf?OpenElement
[Accessed 13 April 2013].
United Nations Security Council (UNSC), 1999. Draft
Resolution. UN Doc. S/1999/328, 26 March.
S/PRST/2011/16, 3 August.
Virk, Kudrat, 2013. India and the Responsibility to Protect:
A Tale of Ambiguity. Global Responsibility to Protect 5
(1), 56 83.
Press, Oxford.