chapter 5. the responsibility to rebuild sayaka yanagi

Chapter 5. The Responsibility to Rebuild

Sayaka Yanagi

Outline of Chapter 5

Post-Intervention Obligations

Administration Under UN Authority

Local Ownership and the Limits to Occupation

Post-Intervention Obligations: Peace Building

“If military intervention is taken, … there should be a genuine commitment to helping to build a durable peace, and promoting good governance and sustainable development.”

Partnership with local authorities: Transfer authority and

responsibility to rebuild

Issues of the interventions in the past: Insufficient recognition of the

responsibility to rebuildPoorly managed exit of the

interveners Inadequate commitment to help

with reconstruction

Need for a post-intervention strategy for military intervention



Reconciliation processes to be generated on ground level reconstruction efforts

True reconciliation occurs when former adversaries join hands in rebuilding their community; repairing infrastructure rebuilding housesplanting and harvesting


Post-conflict peace-building: Actions undertaken at the end of a conflict to consolidate peace and prevent a recurrence of armed confrontation.

Creation or strengthening of national institutions Monitoring elections Promoting human rights Providing for reintegration and rehabilitation

programmes Creating conditions for resumed development

Clear and effective post-intervention strategy

The Causes of Conflict and the Promotion of Durable Peace and Sustainable Development in Africa report (Secretary-General, 1998)

Post-Intervention Obligations: Security

Basic security and protection for all members of a population, regardless of ethnic origin or relation to the previous source of power in the territory.

Revenge killings, “Reverse ethnic cleansing”Plan for this contingency before the

entry

No “guilty minorities”


Post-intervention phase

DisarmamentDemobilizationReintegration of local security forces


Rebuilding national armed force and police integrating formerly competing armed factions　　　　　　　　　　　　　　↓Too long-term for the intervening

authoritiesToo expensive/ sensitive for

international donors; fear later accusations

Exit strategy for intervening troops

Post-Intervention Obligations: Justice and Reconciliation

Non-corrupt or properly functioning judicial system may never have existed

Importance of creating a functioning judicial system to prevent further human rights violation

“Justice packages” by NGOs


Return of refugees and IDPs (=internally displaced persons)

The legal rights of returnees from ethnic or other minorities E.g.) Croatia

Difficulties in establishing tenancy rights over formerly socially owned property. E.g.) Yugoslavia


Return sustainability: creating the right social and economic conditions for returnees Access to health Education and basic services Eradication of corruption Promotion of good governance Long-term economic regeneration of

the country

Post-Intervention Obligations: Development

Encouraging economic growth, the recreation of markets and sustainable development

Ending coercive economic measures

Not prolonging comprehensive or punitive sanctions

Post-Intervention Obligations: Development

Transfer of development responsibility and project implementation to local leadership/ actors

Training the demobilized for new income generating activities

Implementation of social and economic reintegration projects.

Administration Under UN Authority Chapter XII: International Trusteeship

System Article 76

To promote the political, economic, social and educational advancement of the people of the territory in question; to encourage respect for human rights; to ensure the equal treatment of all peoples in the UN in social, economic and commercial matters; to ensure equal treatment in the administration of justice.

Administration Under UN Authority Article 76 (b): Self-determination

R2P: Designed to respond to threats to human life, not a tool for achieving political goals

“Trusteeship” Concept ⇔ Non-interference in internal affairs

Cf.) Somalia

Local Ownership and the Limits to Occupation:Sovereignty

Intervention temporarily suspends the country’s sovereignty, but it must be de facto, not de jure.

Objective of military intervention: 　 Sustaining forms of government compatible with the sovereignty of the state

Local Ownership and the Limits to Occupation:Dependency and Distortion

Treating the people as an “enemy”Not taking sufficient account of local

priorities and excluding local personnelDependency on the intervening

authority

Sudden influx of large sums of foreign currenciesHighly distorting economic effects Creation of unrealistic expectations

Local Ownership and the Limits to Occupation:Dependency and Distortion

Growing financial and material drain

Reluctance on future exercise of responsibility to protect

Balance between interests of the people and country where the intervention takes place and those of the interveners

Local Ownership and the Limits to Occupation:Achieving Local Ownership

Balance between the responsibilities of international and local actors E.g.) Kosovo

Risks1. Ethnic hostility2. Local actors completely

dependent on international actors

Long-term aim: “To do themselves out of a job.”

essential to maintaining the legitimacy of intervention itself.

Local Ownership and the Limits to Occupation:Achieving Local Ownership

Local Ownership and the Limits to Occupation:Achieving Local Ownership“Intervening to protect human

beings must not be tainted by any suspicion that is a form of neo-colonial imperialism.”

“The responsibility to rebuild must be directed towards returning the society in question to those who live in it, and who must take responsibility together for its future destiny.”

Key Points

Financial drain on international

community

Balance between local actors and

interveners

Pre-intervention planning VS Urgent need

Chapter 6The Question of Authority

Yuri Koyama

Who has the responsibility?

International responsibility to protect and reactwith military force (=huge damage, many casualties)

Who decides where and when to intervene???

→ The United Nations Security Council

The Sources of AuthorityThe non-intervention principal Article 2.4

-No state can use force against the territorial integrity inconsistent with the Purposes of the UN

Article 2.7 - the UN is prohibited from intervene

essentially within the domestic Jurisdiction of any state

The Sources of Authority (cont’d)Article 24

- The UNSC has the primary responsibility for maintenance of international peace and security.

Article 39- the SC may take action when it determines the existence of any threat to the peace, branch of the peace, or act of aggression

The Sources of Authority (cont’d)

Article 51- the inherent right of individual or collective self-defence if an armed attack occurs against a member of the UN

(the action taken must be reported immediately to the UNSC)

Chapter 8 - No enforcement action shall be taken under

regional arrangement without the authorization of the UNSC

→ some exceptions (in Liberia and sierra Leone)

The Sources of Authority (cont’d)

The UNSC = primary ≠ sole, exclusive

The UN General Assembly has a responsibility to maintain international peace(in the article 10, 11) - only allowed to make recommendations

→ Uniting for Peace resolution of 1950Used in Korea, Egypt, and Congo.

= The GA does have some influence

The UN as the applicator of Legitimacy

The UN = a representative international body = Mutual = legitimate

The responsibility for lives of citizens The order of the responsibility

What if a state turns out to be Incapable or reluctant to protect citizens???

International organization

Domestic Authority

Sovereign State

˂ ˂

The UNSC’s Role &ResponsibilityParamount importance of the UNSC

- To make hard decisions about overriding state sovereignties.

- To mobilize effective resources(military resources)- To rescue population at risk

The UNSC’s Role & Responsibility (cont’d)The UNSC authorization must in all cases be

sought prior to any military intervention action being carried out.

The UNSC should deal promptly with any request for authority to intervene

The UNSC’s legal Capacity The UN Charter – The UNSC decides military

measure if it’s necessary What else…?

- no Judicial review of The UNSC’s decisions→ no way to dispute over charter interpretation

Legitimacy and the VetoThe UN – representatives of international

society…?? - exclusive: Africa, Asia, and Latin

America - not answerable, accountable - protected from judicial supervision

↓

less credibility

Legitimacy and the Veto (cont’d) The Veto by Permanent Five - one veto > the rest of the vote

- capricious use- possibility to be used to pursuit one or more member’s interests- “code of conduct”:

permanent members wouldn’t use the veto to interfere what would be majority’s will

Political Will & PerformanceThe UNSC’s performance has often been

irresponsible and failed to meet what they were expected.- lack of interest in issues (among permanent 5)- anxiety about influence on domestic politics

What should have priority over respective interests is

the responsibility to protectpeople’s lives > domestic interests

What if the SC Fails to Act…?→　 The General Assembly→　 Regional Organization

The General AssemblyTo seek support for military action from the

UNGA in an Emergency Special Session under the established “Uniting for Peace” procedures.

A decision be the UNGA in favor of action would provide a high degree of legitimacy for an intervention

& encourage the UNSC to rethink its position

Regional OrganizationNeighboring states acting within the

framework of the regional or sub-regional organizations are often better places to act- sensitive to the issues- familiar to the actors - interests

Key pointsDefinition of the UNSC’s Authority The UNSC’s Legality The Structure and Veto Problem

Key points of Ch 5 & 6

Financial drain on

international community

Balance between local

actors and interveners

Pre-intervention planning

VS Urgent need

Definition of the UNSC’s

Authority

The UNSC’s Legality

The Structure and Veto

Problem

chapter 5. the responsibility to rebuild sayaka yanagi

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