+ Dr. Noel M. Morada 6 August 2014 Cambodia Institute for Peace and Cooperation Promoting Responsibility to Protect in ASEAN: What Role for Cambodia?

Slides:



Advertisements
Similar presentations
Confidence Building Measures and Preventive Diplomacy : ASEAN Perspectives By C.P.F. Luhulima.
Advertisements

Intervention, Law and Sovereignty “Humanitarian intervention both presupposes and subverts the statist manner of thinking” “The concept of humanitarian.
 Introduction to R2P  Historical context  ICISS & Canadian leadership  2005 World Summit Outcome &R2P  The Three Pillar Approach  The Libyan case.
INTERNATIONAL UNION FOR CONSERVATION OF NATURE. 2 Implemented in 12 countries of Africa, Asia, Latin America and the Middle East, through IUCN regional.
Critique and Alternatives to the Responsibility to Protect by RICHARD JACKSON The National Centre for Peace and Conflict Studies.
Human Security and R2P Bjørn Møller Presentation to the 2014 IPRA Conference.
Andrew Garwood-Gowers QUT Human Rights and Governance Colloquium November 2011.
RtoP-WPS Missed, and Open, Opportunities. RtoP-WPS Feminist and gendered critiques of the early development of RtoP Engendering RtoP and including women,
AFRICAN UNION A FRAMEWORK FOR HARMONISED LAND POLICIES IN WEST AFRICA: an LPI – ECOWAS partnership Presentation to the World Bank Conference on Land Land.
Introduction to International Relations Human Rights and Humanitarian Intervention Jaechun Kim.
UN Reform Jan-Jilles van der Hoeven - November 2005.
Political Dimension What are the forms of external intervention in conflicts?
It is known as Kuala Lumpur Declaration, signed by ASEAN Foreign Ministers on November This is the first initiative adopted by ASEAN to create peace.
Kofi Annan International Peacekeeping Training Centre (KAIPTC) Dr. Kwesi Aning, ‘Peacekeeping for the Long Term: Strengthening Effectiveness and Accountability’
THE ROLE OF CIVIL SOCIETY IN ADVANCING THE RESPONSIBILITY TO PROTECT YUYUN WAHYUNINGRUM SENIOR ADVISOR ON ASEAN AND HUMAN RIGHTS, HRWG INDONESIA The Responsibility.
UNIVERSAL HUMAN RIGHTS
Engaging the ASEAN Political-Security Community through existing progress on the Women, Peace and Security Agenda Prevention of Violence Against Women.
GIMAC network advocacy CÔTE D’IVOIRE FEMMES AFRICA SOLIDARITE.
Copyright 2014 CIIS. All rights reserved. R2P at 10 Focusing on pillar II- assist States to fulfill their R2P Yang Yi China Institute of International.
International Conflict The ‘Responsibility to Protect’ (R2P)
PEACEKEEPING, R2P AND CIVILIAN PROTECTION: ‘Third Pillar Contributions’ The Rationale for a UN Emergency Peace Service (UNEPS)
The United Nations. History The United Nations – Founded 24 October 1951 by 51 Nations – By 2006 membership was 192 All accept the United Nations Charter.
Providing Security to Forced Migrants and Humanitarian Operations Lydia Mann-Bondat.
Australia and the United Nations The primary objectives of the United Nations (UN), as laid down in its Charter, are to avoid the recurrence of violent.
UN Security Council Yin Fan Tan Hong You Liu Tingkai Ng Jun Da.
Sachiko Ishikawa Senior Advisor, Japan International Cooperation Agency 26 February 2015 Phnom Penh, Cambodia The Responsibility to Protect at 10: Progress,
Chapter 14 Option 5: World order. In this chapter, you will study the nature and concepts of world order. You will also look at the various responses.
SGTM 1 B: Peacekeepers’ Introduction to United Nations Peace Operations Slide 1 SGTM 1 B: Peacekeepers’ Introduction to United Nations Peace Operations.
Responsibility to Protect in the Middle East and North Africa R2P Timeline 1994 Rwandan Genocide 1995 Srebrenica Massacre 2000 Kofi Annan writes “We the.
Presentation on the revised White Paper on South African Participation in International Peace Missions Select Committee on Trade and International Relations.
From Right to Responsability
 International law governs relationships between states  The term “state” refers to a group that 1) is recognized as an independent country and 2) has.
PROGRESS IN NATIONAL UNITY AND RECONCILIATION PROCESS IN RWANDA By Ms Fatuma NDANGIZA Executive Secretary NURC.
WOMEN`S EFFORTS FOR PEACE BUILDING Presented By Betty Sharon Coast Women In Devellopment Kenya Peace Conference 2015 On 17 th - 18 th September 2015 At.
WORLD BANK SEMINAR LINKAGES BETWEEN PARLIAMENTS, THE AU AND NEPAD IN SADC 28 th TO 29 th JANUARY 2004.
The Principles Governing EU Environmental Law. 2 The importance of EU Environmental Law at the European and globallevel The importance of EU Environmental.
Presentation to the Symposium on the ICC that Africa Wants 9-10 November 2009 By Dr Athaliah Molokomme Attorney General of Botswana.
The Common Foreign and Security Policy. The developments leading up to the formulation of a CFSP The European Political Cooperation (EPC)- 1970; institutional.
Uniting Nations by Learning Together UPR as a process of accountability Regional Governance Week Social Accountability in a Changing Region Cairo,
The collective protection of human rights. R2P- sovereignty AND intervention International Commission on Intervention and State Sovereignty (ICISS) Report.
THE INTERNATIONAL CRIME COURT CzieglerSS2023. The Establishment of the ICC  The International Crime Court (ICC) came into practice on July 1, 
EU human rights policy on indigenous peoples International expert Dialogue on MDG7 8 April 2010.
The Responsibility to Protect (?) Paul Bacon SILS Waseda University.
International Law and the Use of Force (LG566)
The Responsibility to Protect: An idea whose time has come… and gone? (‘Does R2P matter?’) Dr Graham Melling Lincoln Law School, University of Lincoln.
THE RESPONSIBILITY TO PROTECT POLS 309. R2P doctrine  Canadian government sponsored the International Commission on Intervention and State Sovereignty.
SECURITY The 1325 family of resolution Why is it important that it is security council resolutions?
The 9 th Track II Network of ASEAN Defence and Security Institute (The 9 th NADI Annual Meeting) Present by: Nem Sowathey Assistant to Minister of National.
Humanitarian intervention. Humanitarian intervention refers to the threat or use of force across state borders by a state (or group of states) aimed at.
From Kosovo to Libya: NATO and the Responsibility to Protect (R2P)
1- Introduction ii-. Part ONE : foreign and security policy.
The Responsibility to Protect Doctrine (R2P)
Accomplishments and Failures of the United Nations
The Responsibility to Protect
International Law What.
Political Power and Globalization.
Human Rights and Humanitarian Intervention
Prof. Dr. Andreas Zimmermann, LL.M. (Harvard)
International Disaster Law- an issue of Sovereign or Human Rights?
PROTOCOL RELATING TO THE ESTABLISHMENT OF THE PEACE AND SECURITY COUNCIL OF THE AFRICAN UNION BRIEFING TO THE JOINT STANDING COMMITTEE ON DEFENCE AND THE.
International Criminal Court
13 February 2018 In search of a Remedy:
The Rationale for a UN Emergency Peace Service (UNEPS)
President of the Russian Association of International Law
Human Rights and Humanitarian Intervention
Post-Conflict Reconstruction After Ethnic Conflict
Human Rights Norms These are practises that have been established by countries and are now integrated into their culture and been accepted as the ‘NORM’.
RULE OF LAW Definition: all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly.
AFRICAN CHARTER ON DEMOCRACY, ELECTIONS AND GOVERNANCE
Presentation transcript:

+ Dr. Noel M. Morada 6 August 2014 Cambodia Institute for Peace and Cooperation Promoting Responsibility to Protect in ASEAN: What Role for Cambodia?

+ Responsibility to Protect: background Humanitarian crisis in the 1990s Rwanda, Uganda, former Yugoslavia (Bosnia-Herzegovina) Francis Deng: sovereign responsibility International Commission on Intervention and State Sovereignty (ICISS): 2001 Response to the challenge of UNSG Kofi Annan: how should the international community respond to humanitarian crisis and mass atrocities R2P version 1.0: Responsibility to Protect Report Responsibility to Prevent Responsibility to React Responsibility to Rebuild BUT the Report focused more on principles related to military intervention and operations, while acknowledging that prevention is also important.

+ Responsibility to Protect: background UN Summit of World Leaders 2005 R2P version 2.0: WSOD paragraphs R2P as primary responsibility of states Important role of UN and UNSC, and regional arrangements Authority of the UN derived from Chapters VI, VII and VIII of the UN Charter Importance of prevention as key to implementing R2P Importance of timely and decisive action if: Peaceful means are inadequate Failure of states to protect people Post-Libya Crisis in 2011 R2P version 3.0 Responsibility while Protecting (RwP) Brazilian initiative calls for transparency and accountability in implementing R2P under the third pillar (timely and decisive response) Informal Interactive Dialogues in the UNGA since (implementing R2P); 2010 (early warning); 2011 (role of regional arrangements); 2012 (timely and decisive response); 2013 (capacity and prevention)

UN Summit Outcome Document on R2P 138. Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means. We accept that responsibility and will act in accordance with it. The international community should, as appropriate, encourage and help States to exercise this responsibility and support the United Nations in establishing an early warning capability.

UN Summit Outcome Document on R2P 139. 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 Charter, to help protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared 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-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities manifestly fail to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity. We stress the need for the General Assembly to continue consideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity and its implications, bearing in mind the principles of the Charter and international law. We also intend to commit ourselves, as necessary and appropriate, to helping States build capacity to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity and to assisting those which are under stress before crises and conflicts break out.

+ R2P’s three pillars UN SG’s Report in 2009: Implementing R2P Three-pillar approach: Pillar 1—Prevention: the state has the primary responsibility to protect its population against the four crimes Pillar 2— Assistance: the international community has the responsibility to help states build capacity to prevent mass atrocity crimes Pillar 3—Timely and decisive response: if states are unwilling or manifestly fails to halt mass atrocities, the international community has the responsibility to take collective action, on case by case basis, under Chapter VII of the UN Charter and in cooperation with regional organizations/sub-regional arrangements

+ R2P Post-Libya Responsibility while Protecting (RwP) Brazilian initiative that calls for greater transparency and accountability in the use of force for protection of populations against mass atrocities R2P cannot be used for regime change Prudential principles: Right intention Last resort Proportionality Reasonable prospects for success

+ Promoting R2P in the Asia Pacific Consensus on R2P still a work in progress in the Asia Pacific Misconceptions about R2P as all about humanitarian (military) intervention: Humanitarian intervention does not need UNSC authorization, can be unilateral R2P needs authorization of UNSC based on 2005 WSOD Myanmar: Cyclone Nargis in 2008, some Western countries invoked R2P, but for wrong reason R2P covers only four crimes: genocide, ethnic cleansing, war crimes and crimes against humanity Not all humanitarian crises situations (e.g., natural disasters) are covered by R2P, although they could lead to commission of any of the the four crimes; difficult to justify R2P +

+ Promoting R2P in the Asia Pacific Asia Pacific Centre for the Responsibility to Protect (APCR2P) ( Based in the University of Queensland in Brisbane, Australia Supported by the Australian government as part of its contribution to building capacity of states in preventing genocide and mass atrocities States in ASEAN and East Asia remain cautious about the concept and would like to focus on: Prevention of mass atrocities (Pillar 1) Consent of state is necessary before international community could intervene Centre focus on research, outreach and building national and regional constituency on R2P

+ Promoting R2P in ASEAN R2P as a friend—not an enemy—of sovereignty Linked to good governance, rule of law, and respect for international norms on human rights, could enhance legitimacy of states R2P and regional norms and concepts in ASEAN: Comprehensive security Human security ASEAN as a community of caring societies (akin to African Union’s principle of non-indifference) People-oriented ASEAN Norm building under ASEAN Political Security Community APSC Blueprint: “…adherence to the principles of democracy, good governance, rule of law, respect for promotion and protection of human rights and fundamental freedoms as inscribed in the ASEAN Charter.”

+ What role for Cambodia? Important milestones in Cambodia: First in ASEAN to ratify of Rome Treaty (International Criminal Court), followed by the Philippines in 2011 Only ASEAN member that has a Genocide Museum Created the ECCC to try atrocities under the Khmer Rouge Pursuit of national reconciliation and peace Enacting a law against denial of atrocities committed by the Khmer Rouge Cambodia can take the lead in ASEAN in promoting R2P, particularly in Pillars 1 and 2 Value of confronting past atrocities (important issue in Indonesia) Encouraging other ASEAN members to ratify Rome Treaty Opportunities: appointing R2P Focal Point, participation in UNGA dialogue on R2P; capacity building in prevention of mass atrocities

+ Conclusion Promoting R2P in ASEAN needs regional champions, and Cambodia can and should take the lead in promoting mass atrocities prevention in Southeast Asia Cambodia’s experience in confronting past atrocities and efforts in peace and national reconciliation can serve as model for ASEAN on good practices in Pillars 1 and 2 (showcase for R2P Conference in February 2015) Cambodia can be a regional hub in ASEAN for capacity building of states in mass atrocities prevention through: Regional and international partnerships in education and training for peace and reconciliation, transitional justice, peacekeeping Development of early warning systems for mass atrocities prevention in ASEAN through cooperation with the UN and other international organizations