Eurasia Review: Libya And The UN: Whose Responsibility To Protect?

[pampango]

http://www.eurasiareview.com/analysis/libya-and-the-un-whose-responsibility-to-protect-08032011/

This brings us to the UN doctrine of the “Responsibility to Protect”, or “RtoP” as it is generally known. It was adopted by world leaders at the UN World Summit in 2005 and is contained in paragraphs 138 and 139 of the “Outcome Document” adopted as a “reforms package”. RtoP rests on three principles: Firstly, each individual state has the responsibility to protect its population from genocide, war crimes, ethnic cleansing, and crimes against humanity. (These four elements are important and each was chosen after much careful debate and consideration). Secondly, 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 UN Charter) to protect the population (from the four catastrophies).

Thirdly, however, “should peaceful means be inadequate, and the national authorities manifestly fail (to act), then the international community can take collective action in a timely and decisive manner, through the Security Council, in accordance with the (UN) Charter, including Chapter VII, on a case-by-case basis, in cooperation with relevant regional organisations as appropriate”. Here, military intervention sanctioned by the UN is not precluded, but only as a last resort.

But the Libyan case is different. The efforts to bring about ‘regime change’ here need not be a ‘back–door’ endeavour. There is a crying need to do it now to end the excruciating human sufferings of the Libyan people. The Security Council has already agreed that war crimes are being committed in Libya by the ruling group. It is obvious that all peaceful means to resolve the crisis have proved futile, and the domestic authorities have manifestly failed in their responsibilities. If there ever was a time for collective action through the Security Council legally, morally, and in practical terms, it is now. If there ever was a situation ripe for the application of the principle of the RtoP, it is Libya.

What is required now is another back-to-back resolution. This one could include two things. The first is the proclamation of a ‘no-fly zone’ to prevent Gaddafi’s air force from striking at a protesters’ march upon Tripoli. The second is the issuance of “arrest warrants” against “war criminals” as the key personalities in the Gaddafi regime have been labeled.

But given the obvious sensitivity of all these punitive moves, especially over military intervention in the air or on the ground, the UN must be mindful of its limits. Nothing must be done to open itself up to accusations that it is taking Libyan sovereignty lightly — notwithstanding RtoP — or worse, it is promoting a neo-colonialist project. The UN has rightly taken upon itself the mantle of protector of the helpless, for that body alone represents the aspirations of the entirety of humanity. If the UN fails, it will also signal the failure of the international community.