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11 - Law, ethics, and the responsibility to protect

Published online by Cambridge University Press:  05 June 2014

Michael W. Doyle
Affiliation:
Columbia University
Don E. Scheid
Affiliation:
Winona State University, Minnesota
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Summary

The events in Libya in 2011 and Syria in 2012 have severely tested the balance between emerging global norms and the pushback they have generated, a contest between global and local, with outcomes as yet unclear.

Some established great powers, particularly Russia and China, suffered “buyer’s remorse” for the global principle of “responsibility to protect” peoples from massacres, when that responsibility was seen as authorizing regime change in countries such as Libya. This remorse occurred just a few short years after they and the entire rest of the United Nations member states unanimously endorsed the principle at the World Summit in 2005 and reaffirmed it in 2009.

The international community has answered the most fundamental sovereign questions of who rules and what rules in evolving ways. In the nineteenth century, European states, the United States, and just a few other powerful states such as Japan constructed high walls about their sovereign domestic jurisdiction. No foreign interference was allowed. Governments treated their subjects poorly or well according solely to local whims, laws, or constitutions. Other political societies, in Africa, East and South Asia, or Latin America, had very low sovereign walls. The great powers ruled them as colonies or intervened at will to impose foreign rules and foreign interests, whether it was protecting foreigners, or collecting debts, or enforcing Christian morality.

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Publisher: Cambridge University Press
Print publication year: 2014

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References

D’Escoto Brockmann, Miguel, Concept Note on Responsibility to Protect Populations from Genocide, War Crimes, Ethnic Cleansing and Crimes Against Humanity (UN: Office of the President of the General Assembly, July 2009)Google Scholar
Damrosch, Lori F., Louis Henkin, Sean D. Murphy, and Hans Smit, International Law (St. Paul: West Group, 2001), 451–66Google Scholar
Gierycz, D., Responsibility to Protect: A Legal and Human Rights Based Perspective (Oslo: NUPI, 2008)Google Scholar
Damrosch, Lori F. (ed.), Enforcing Restraint: Collective Intervention in Internal Conflicts (New York: Council on Foreign Relations Press, 1993), 10–14Google Scholar
Dinstein, Yoram, War, Aggression, and Self-Defence, 4th edn. (Cambridge University Press, 2005), 324CrossRefGoogle Scholar
de Chazournes, Laurence Boisson and Condorelli, Luigi, “Common Article 1 for the Geneva Conventions Revisited: Protecting Collective Interests,” International Review of the Red Cross, 857 (March 31, 2000), 67–87Google Scholar
Holzgrefe, J.L., “The Humanitarian Intervention Debate,” in Holzgrefe, J.L. and Keohane, Robert (eds.), Humanitarian Intervention: Ethical, Legal, and Political Dimensions (Cambridge University Press, 2003), 15–52CrossRefGoogle Scholar
Walzer, Michael, Just and Unjust Wars (New York: Basic Books, 1977)Google Scholar
Weiss, Thomas G., Humanitarian Intervention (Cambridge: Polity Press, 2007)Google Scholar
Vincent, J., Nonintervention and International Order (Princeton University Press, 1974)Google Scholar
Graham, G., “The Justice of Intervention,” Review of International Studies 13 (1987), 133–46CrossRefGoogle Scholar
Tesón, Fernando R., Humanitarian Intervention: An Inquiry Into Law and Morality (New York: Transnational Publishers, 1997)Google Scholar
Abiew, F.K., The Evolution of the Doctrine and Practice of Humanitarian Intervention (The Hague: Kluwer Law International, 1999)Google Scholar
Garrett, S., Doing Good and Doing Well: An Examination of Humanitarian Intervention (Westport: Praeger, 1999)Google Scholar
Connor, R.W., Thucydides (Princeton University Press, 1984)Google Scholar
Cohen, Marshall, “Moral Skepticism and International Relations,” in Beitz, Charles R., Alexander, Lawrence A., and Scanlon, Thomas (eds.), International Ethics (Princeton University Press, 1985), 3–50Google Scholar
Doyle, Michael W., Ways of War and Peace (New York: W.W. Norton, 1997), 81–92Google Scholar
Gilbert, A., “Marx on Internationalism and War,” Philosophy and Public Affairs 7, no. 4 (1978), 353–54Google Scholar
Brzezinski, Z.K., The Soviet Bloc (Cambridge, Massachusetts: Harvard University Press, 1967)Google Scholar
Mill, John Stuart, “A Few Words on Non-Intervention” [Fraser’s Magazine, December 1859], in Essays on Politics and Culture by John Stuart Mill, edited by Himmelfarb, Gertrude (Garden City, New York: Doubleday Anchor Books, 1963)Google Scholar
Doyle, Michael W., “A Few Words on Mill, Walzer and Nonintervention,” Ethics & International Affairs 23, no. 4 (Winter 2009), 349–69CrossRefGoogle Scholar
Ullman, R., “Human Rights and Economic Power: The United States vs. Idi Amin,” Foreign Affairs 56, no. 3 (April 1978), 529–43CrossRefGoogle Scholar
Arkes, Hadley, First Things: An Inquiry into the First Principles of Morals and Justice (Princeton University Press, 1986)Google Scholar
Beitz, Charles, “The Reagan Doctrine in Nicaragua,” in Luper-Foy, Steven (ed.), Problems of International Justice (Boulder: Westview Press, 1988), 182–95Google Scholar
Luban, David, “Just War and Human Rights,” Philosophy & Public Affairs 9, no. 2 (Winter 1980), 160–81Google Scholar
Shue, Henry, Basic Rights: Subsistence, Affluence and US Foreign Policy, 2nd edn. (Princeton University Press, 1996)Google Scholar
Kofi, Annan, The Question of Intervention: Statements by the Secretary-General of the United Nations Kofi Annan (New York: United Nations, Department of Public Information, 1999), 4Google Scholar
Bellamy, Alex J., “Kosovo and the Advent of Sovereignty as Responsibility,” Journal of Intervention and Statebuilding 3, no. 2 (2009), 163–84CrossRefGoogle Scholar
Brownlie, Ian, Principles of Public International Law, 6th edn. (Oxford University Press, 2003), 712Google Scholar
Independent International Commission on Kosovo, The Kosovo Report (Oxford University Press, 2000)Google Scholar
Nordland, Rod, “Libya Counts More Martyrs than Bodies,” New York Times, (September 16, 2011), A1Google Scholar
Pelham, Nicolas, “Is Libya Cracking Up?The New York Review of Books (June 21, 2012), 66–69Google Scholar
Walzer, Michael, “The Case Against Our Attack on Libya,” The New Republic (March 20, 2011)Google Scholar
Johnstone, Ian, The Power of Deliberation (Oxford University Press, 2011)CrossRefGoogle Scholar
Kovanda, Karel, in “The Czech Republic on the UN Security Council,” Journal of Genocide Studies and Prevention (2010)Google Scholar

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