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Responsibility to Protect (R2P) was accepted as a global norm at the World Summit
Conference held at the United Nations in 2005. The Outcome Document of the
Conference in paragraphs 138 and 139 accepted that all states have the responsibility to
protect their populations from genocide, war crimes, ethnic cleansing and crimes
against humanity. It also empowered the international community, through the United
Nations, to use appropriate diplomatic, humanitarian and other peaceful means, in
accordance with Chapters VI and VIII of the Charter. They also expressed their
preparedness 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-bycase
basis
This principle and consensus came about after the International Commission on
Intervention and State Sovereignty, established by Canada in 2000, came out with its
report, commonly known as Responsibility to Protect, in December 2001. This was a
consequence of the massacres in Rwanda in 1994 of over 500,000 mainly Tutsis, and in
Srebrenica, former Yugoslavia in 1995 of 8,000 Muslim men. The respective states
were either helpless or collusive and the world stood by silently. This was a blot on
humanity. In turn it called for norms to legitimise humanitarian intervention to prevent
such
atrocities
in
future.
The norms set out under the Outcome Document are necessary commitments and no
nation in the 21st century can afford to take these responsibilities lightly.
Understandably, world leaders came to extend their support unanimously. But, some
doubts lingered regarding how these were to be implemented in practice. How would it
ensure that state sovereignty would not be trampled at will? In a world where national
interests generally seemed to trounce over genuine humanitarian concerns, would the
R2P be used to ride rough shod over sovereign states? Would R2P provisions be used to
bring
about
regime
change?
use of force under R2P should not be the first response and used only when all other
means
have
been
considered
and
exhausted.
Libya became a test case of the use of R2P, and UN Resolution 1973 laid down the
provisions of intervention. Regrettably, most of these were violated in practice;
particularly pursuit of ceasefire, arms embargo, and no-fly zone. Instead the focus was
on
bringing
about
regime
change.
this
has
led
to
an
active
international
debate.
Council.
China recently has expressed major reservations about R2P and has proposed
Responsible Protection as the means to ensure this mandate. The China Institute of
International Studies, its senior most think-tank reporting to the Foreign Ministry, called
a small international group of experts to consider this at a conference in Beijing in
October
2013
(at
which
this
author
was
participant).
It was clear that Chinas response is in the backdrop of the strong recommendation for
intervening in Syria, which Beijing and Moscow opposes. It is also important as China
is demonstrating its willingness to stand up to norms which are in the process of being
established by the West. It feels that as an emerging global player it needs now to set its
own norms or be actively involved in setting new terms. In the process, it recommends
four principles. Responsibility primarily vests in the government concerned, the concept
of R2P applies only to the four international crimes, intervention must be proportionate,
and
use
of
force
must
only
be
authorized
by
the
UNSC.
Amplifying this, Beijing recommends six principles that should be adhered to under
what
it
calls
Responsible
Protection:
Object of intervention must clearly be to protect the people of the target country
The
legitimacy
The
means
of
the
of
protection
protection
executors
must
must
be
be
established
strictly
limited
Purpose of protection must be clearly defined; the patient must not be killed as a
result
of
Protectors
must
be
responsible
intervention
for
post
intervention
reconstruction
The UN should establish mechanisms for supervision, outcome evaluation and postfactum
accountability.
This position of China on an issue of major international concern today reflects both
Chinas emerging thinking and its likely role in international issues in future; a concern
that the international community will be wise to take in to account.
Fonte:
BANERJEE,
Dipankar.
http://www.ipcs.org/article/china/responsibility-to-