静芸吧 关注:8贴子:87
  • 3回复贴,共1
Single Topic Area: Defining Legal
Standards for International
Intervention and Peacekeeping
Statement of the Problem
The responsibility to protect (or R2P) is one of the
most hotly contended issues in international affairs
.
8
At the center of this variance is the inconsistency
of the legal standards that determine the conditions
and circumstances of international intervention that
seek to resolve humanitarian crises. The imperative
for action, then, comes in formulating a set of clear
guidelines for intervention during instances of Melbourne Host Directorate PTY LTD | Office of Media and Design
10
humanitarian violations. As such, the problem can
be characterized as consisting of three components:
(i) identifying if an event warrants intervention; (ii)
determining the appropriate actions that constitute
such interventions; and (iii) achieving the international
consensus essential to realizing this course of action
in practice. A central challenge in framing these legal
benchmarks is achieving the breadth and depth that
will make for general applicability in the full range
of possible eventualities. This deliberate and holistic
process of evaluation will be crucial for avoiding the
paralysis that prompted the unacceptable inaction of
the global community during instances such as the
Rwandan genocide or the conflict in Darfur.9
Mass atrocities and genocides are the humancreated
disasters most often invoked in relation to
the responsibility to protect. The visceral repugnance
prompted by such atrocities fuels public calls for
action; yet a similarly compelling force restrains
governments and international organizations: the
restraining power of national sovereignty. The
dichotomy between protecting human rights and
respecting national sovereignty is a debate that
must be taken into account in any examination
of the topic. Kofi Annan delivered a similar task
to the world community during the controversy
surrounding NATO’s 1999 intervention in Kosovo:
he “challenged the world governments to develop
a way of reconciling the principles of sovereignty
and fundamental human rights in a way which could
protect individuals from arbitrary killing.”10
Central to the problem of conceiving the
responsibility to protect is therefore framing how
these two competing values – human rights and
sovereignty – should be weighed, and under what
circumstances – if any – one can be abrogated in favor
of the other. Significantly complicating the problem,
the definitions of these terms are not concretely
established but rather in a state of flux. Hence, an
important task for any resolving party is defining
these key concepts and resolving the nature of their
interaction. Defining the maintenance of human
rights as an integral component of sovereignty can
alter the nature of the debate and shift the focus
away from balancing the two competing principles
and toward determining when abuses have occurred.
Such a definition frames sovereignty as responsibility
and thus renders states legitimate only when they
sufficiently safeguard the basic human rights of
their people. A competing viewpoint holds that it is
inappropriate and paternalistic for other states to
discipline sovereign nations for perceived internal
infringements that purportedly violate a set of
foreign standards. Establishing a consensus on the
meaning and relative standing of these two terms –
sovereignty and human rights – is thus a critical task
for this legal committee.
Subsequent to this initial contention are several key
questions that must be resolved by the committee.
Importantly, there are two areas that require the
provision of a significant and comprehensive set of
standards. The first is in the area of standardizing what
constitutes an abuse; only by stipulating consistent
criteria for human rights abuses can the discussion
of potential solutions proceed in a meaningful way.
The challenge for this committee is thus to develop
a rubric for identifying not only the presence but also
the magnitude of human rights abuses. Moreover, the
committee must address the challenge of developing
the standards that dictate the type of intervention
that should be employed in response to different
humanitarian crises. This is a particularly difficult issue,
as a meaningful resolution must outline not only the
form of the intervention but also the key players that
will execute the mission. In particular, it is important
to clarify the scope and nature of the mandate under
which such interventionist actions can be taken.
Finally, this committee can offer prescriptions


1楼2015-10-31 16:42回复
    Importantly, there are two areas that require the
    provision of a significant and comprehensive set of
    standards. The first is in the area of standardizing what
    constitutes an abuse; only by stipulating consistent
    criteria for human rights abuses can the discussion
    of potential solutions proceed in a meaningful way.
    The challenge for this committee is thus to develop
    a rubric for identifying not only the presence but also
    the magnitude of human rights abuses. Moreover, the
    committee must address the challenge of developing
    the standards that dictate the type of intervention
    that should be employed in response to different
    humanitarian crises. This is a particularly difficult issue,
    as a meaningful resolution must outline not only the
    form of the intervention but also the key players that
    will execute the mission. In particular, it is important
    to clarify the scope and nature of the mandate under
    which such interventionist actions can be taken.
    Finally, this committee can offer prescriptions Melbourne Host Directorate PTY LTD | Office of Media and Design
    11
    on the best practices for combatting humanitarian
    crises. Important in this consideration are the options
    of prophylactic action and prevention. The degree
    to which preemptive action is included under the
    responsibility to protect thus determines one’s vision
    of this concept; a holistic resolution must therefore
    also include guidelines on how humanitarian disasters
    can be detected and prevented before they even
    happen. The form and degree of the intervention
    employed to realize this end must also be clarified
    and drafted into a set of legal standards. To this end,
    a key component of the problem is an inconsistent or
    unreliable flow of information; every set of standards
    requires the necessary body of information to reach
    a valid conclusion. A comprehensive solution should
    thus propose a method of maintaining channels of
    communication and information flow, even during
    times of crisis.
    The responsibility to protect is a difficult norm to
    realize, and it will be the task of this committee to
    grasp the complexities of this topic in its entirety.
    It is important that the solution reflect the goals
    and aspirations of the international community yet
    also retain a practical dimension that will permit its
    implementation in instances of crisis. Particularly
    important will be a consideration of the current
    situation and an awareness of the incentive structures
    that will motivate the implementation of these clear
    legal standards. Indeed, this problem is not merely
    of academic interest but rather pertains directly to
    the resolution of several pressing contemporary
    issues. Significantly, a meaningful resolution in this
    committee can elucidate a means of overcoming the
    international stasis that paralyzes any response to
    contemporary human rights crises like the massacres
    in Syria and other despotic crackdowns during the
    Arab Spring. Elucidating the responsibility to protect
    is far more than a scholarly detail; it has the potential
    to save lives and combat suffering.


    2楼2015-10-31 17:07
    回复
      History and Discussion of the Problem
      Origin and Evolution of the Problem
      The question of intervention presents a dilemma
      for any nation that must engage in a calculus that
      balances national interests with ideological principles.
      The problem is exacerbated by a shortage of
      resources that forces commitment to a certain course
      of action at the penury of the other. These conditions
      are especially important because they constitute the
      realities that shape the political will to action. This
      ability to muster political will ultimately determines
      the extent to which an ideal course of action can be
      realized. To understand this issue, delegates should
      consider the pressures, both internal and external,
      that influence the final decision to execute a certain
      international strategy.
      This ambiguity often gives rise to international
      stasis in the face of mass atrocities and genocides.
      Without international institutions – such as the
      United Nations – the costs involved in establishing
      a coalition to initiate international intervention may
      overpower the moral imperative of the action. The
      aftermath of WWII, and in particular the revelation
      of the Holocaust, created a powerful incitement
      to action. The formation of the United Nations can
      be viewed, in part, as an attempt to provide the
      necessary engagement with international actors to
      combat future atrocities via prevention and directed
      intervention. Indeed, the UN’s capability to engage
      in such matters was clearly envisioned via the
      establishment of the UN peacekeeping force.
      Distinguishable from both peace building and
      peacemaking, peacekeeping “is a unique and dynamic
      instrument developed by the [United Nations] as a way
      to help countries torn by conflict foster the conditions
      for lasting peace.”11,12 While it constitutes one of
      the prominent measures undertaken by the UN to
      maintain international peace and security throughout
      the world, the deployment of peacekeeping troops Melbourne Host Directorate PTY LTD | Office of Media and Design
      12
      does not constitute a comprehensive solution. Rather,
      it is a measure employed concurrently with other
      significant activities, including “conflict prevention
      and mediation, peacemaking, peace enforcement,
      and peace building.”13 In considering the viability of
      peacekeeping, it is important to remain cognizant
      of the evolving perceptions and capabilities of UN
      peacekeeping forces.
      Modern UN peacekeeping began in 1948 and has
      its origins in military observer missions to highly
      combustible or war-torn regions.14 The first missions
      occurred under the guise of the United Nations Truce
      Supervision Organization (UNTSO) and the United
      Nations Military Observer Group in India and Pakistan
      (UNMOGIP); both of these missions typified the UN”s
      form of military engagement contained within a force
      in the low hundreds, with a focus on observation and
      monitoring.15 The role of UN peacekeeping troops
      experienced a shift during the escalation of the
      Cold War, acquiring increased military capabilities
      to respond to a wider range of crises. The first
      armed peacekeeping operation, incorporating the
      deployment of the First United Nations Emergency
      Force (UNEF 1), took place in 1956 during the Suez
      Crisis.16
      Peacekeeping efforts were further intensified
      during the wars that precipitated from decolonization,
      primarily due to increased international solidarity
      over the issue of military intervention in developing
      nations. Indeed, the first large-scale mission occurred
      in 1960 in the Congo, and involved the launching of the
      UN Operation in the Congo (ONUC).17 With increasing
      commitment to bringing stability to war-torn
      regions, however, have come elevated risks to active
      personnel. Incorporating 20,000 active soldiers at its
      peak, ONUC experienced 250 UN personnel deaths as
      a direct consequence of service on the mission.18 The
      increasing human cost of large-scale peacekeeping
      operations is an important consideration during
      discussions of military intervention.
      Following the end of the Cold War, the magnitude
      and frequency of peacekeeping efforts surged,
      inspired by a newfound consensus among a less
      fractured international community. Between 1989 and
      1994, the Security Council authorized 20 operations,
      increasing the number of active peacekeepers
      from 11,000 to 75,000.19 These missions resulted in
      generally positive outcomes and were particularly
      successful in implementing peace agreements to
      long, drawn-out conflicts; these forces were able
      to help nations such as “Angola, Mozambique,
      Namibia, El Salvador, Guatemala and Cambodia”
      as they sought to “stabilize, re-organize, elect new
      governments and build democratic institutions.”20
      These achievements highlighted the newfound
      capacity of UN peacekeeping in its ability to deliver
      binding solutions when the Security Council could not
      generate a sufficiently robust mandate or provide the
      necessary resources for action.


      3楼2015-10-31 18:33
      回复
        The privileged position of the peacekeeping
        forces, however, was undermined by failures in
        highly unstable regions. Inadequate resources and
        flagging political support imperiled missions to
        Yugoslavia, Somalia, and Rwanda.21 The augmenting
        figure for civilian deaths and the intensification of
        hostilities during this period resulted in a dramatic
        decline in the reputation of United Nations
        peacekeeping. Perception of UN peacekeepers is
        a critical element that influences the effectiveness
        of this form of international intervention. Bad press
        during multinational intervention procedures can be
        particularly damaging to any process of international
        intervention. The polarization of the Security Council,
        fueled by a divide between East and West, can work
        to weaken the credibility and public perception of
        the UN. Equally, political apathy and ignorance can
        incapacitate a peacekeeping force, even if already
        located in the epicenter of war. As ideological shifts Melbourne Host Directorate PTY LTD | Office of Media and Design
        13
        occur and national rivalries exacerbate, delegates
        must consider how a framework can be applied to
        encompass these eventualities.
        During the 1990s, the Security Council moved to
        limit the number of new peacekeeping missions in
        order to reassess the efficacy and limitations of such
        military engagements. Key actors were particularly
        cognizant of the internal bureaucracy and a lack of
        guiding standards that had prompted the stasis that
        followed the establishment of the UN. Inaction from
        critical actors during crises in Yugoslavia, Somalia,
        and Rwanda demonstrated the paralysis that was
        sourced from incomplete information and ambiguous
        guidelines. In the wake of this, the UN reasserted its
        peacekeeping abilities via more complex operations
        in African countries such as the Democratic Republic
        of the Congo, Sierra Leone, Liberia, Burundi, Côte
        d’Ivoire, the Sudan (in the south of the country and
        in Darfur), Eritrea/Ethiopia, and Chad and the Central
        African Republic.22 Since 1948, 63 peacekeeping
        operations have been initiated by the United Nations.
        Hundreds of thousands of military personnel, as well
        as tens of thousands of UN police and other civilians,
        from more than 120 countries, have participated in
        UN operations.23 And the human toll has tallied more
        than 2,400 peacekeepers from 118 nations over the
        course of all missions.24 Currently, the Department
        of Peacekeeping Operations (DPKO) manages more
        than 110,000 uniformed and civilian personnel who
        are serving in 20 different peace operations.25
        The evolution of the UN peacekeeping force reflects
        significant changes to the issue of international
        intervention and has significant consequences for
        enacting the responsibility to protect. The dramatic
        changes in attitude that followed the end of the Cold
        War demonstrated the necessity of international
        cohesion in carrying out military intervention and
        implementing peace agreements. In particular,
        delegates should be aware of the active transition
        of peacekeeping forces as the UN expanded field
        operations from “strictly military tasks, to complex
        “multidimensional” enterprises designed to ensure
        the implementation of comprehensive peace
        agreements and assist in laying a foundation for
        sustainable peace.”26
        Furthermore, the responsibility to protect has
        shifted in focus to reflect changes to the nature of
        conflicts. Originally intended for the mediation of
        war across borders, peacekeeping is no longer solely
        concentrated on inter-State conflict but has also
        been re-oriented to address the problems associated
        with intra-State conflict and civil wars. Moreover,
        peacekeeping missions have expanded beyond their
        military foundations, now incorporating personnel
        from across the professional spectrum, including:
        “administrators and economists, police officers,
        legal experts, gender officers, de-miners, electoral
        observers, human rights monitors, specialists in civil
        affairs and governance, humanitarian workers, and
        experts in communications and public information.”27
        The makeup of peacekeeping forces has experienced
        a similar transition as military personnel are
        now largely sourced from South Asia (Pakistan,
        Bangladesh, India, Sri Lanka and Nepal) and Africa
        (Ghana, Nigeria) – a shift from the erstwhile dominant
        contributions of European nations. Indeed, women
        play an increasingly important role in peacekeeping
        operations; the first ever all-female contingent –
        the 125-strong Formed Police Unit from India – was
        deployed in Liberia in 2007.28


        4楼2015-10-31 19:48
        回复