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Responsibility and obligation in the ‘Responsibility to Protect’

Published online by Cambridge University Press:  14 June 2011

WILLIAM BAIN
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Abstract

This article takes up Louise Arbour's claim that the doctrine of the ‘Responsibility to Protect’ is grounded in existing obligations of international law, specifically those pertaining to the prevention and punishment of genocide. In doing so, it argues that the aspirations of the R2P project cannot be sustained by the idea of ‘responsibility’ alone. The article proceeds in arguing that the coherence of R2P depends on an unacknowledged and unarticulated theory of obligation that connects notions of culpability, blame, and accountability with the kind of preventive, punitive, and restorative action that Arbour and others advocate. Two theories of obligation are then offered, one natural the other conventional, which make this connection explicit. But the ensuing clarity comes at a cost: the naturalist account escapes the ‘real’ world to redeem the intrinsic dignity of all men and women, while the conventionalist account remains firmly tethered to the ‘real’ world in redeeming whatever dignity can be had by way of an agreement. The article concludes by arguing that the advocate of the responsibility to protect can have one or the other, but not both.

Type
Research Article
Information
Review of International Studies , Volume 36 , Special Issue S1: Evaluating Global Orders , October 2010 , pp. 25 - 46
Copyright
Copyright © British International Studies Association 2010

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References

1 See Jackson, Robert, Quasi-States: Sovereignty, International Relations, and the Third World (Cambridge: Cambridge University Press, 1990)Google Scholar .

2 Deng, Francis et al. , Sovereignty as Responsibility: Conflict Management in Africa (Washington, DC: Brookings Institute, 1996), chap. 1Google Scholar .

3 UN General Assembly, World Summit Outcome Document, 15 September 2005, A/60/L.1, paras 138–9.

4 See Security Council Resolution 1674 (2006), Adopted by the Security Council as its 5430th Meetings, 28 April 2006, S/RES/1674 (2006); and Security Council Resolution 1706 (2006), Adopted by the Security Council as its 5519th Meetings, 31 August 2006, S/RES/1706 (2006).

5 See Gareth Evans, ‘The Responsibility to Protect: Meeting the Challenges’, Lecture to the 10th Asia-Pacific Programme for Senior Military Officers, S. Rajaratnam School of International Studies, Singapore (5 August 2008), available at: {www.crisisgroup.org}; and Bellamy, Alex, ‘Whither the Responsibility to Protect? Humanitarian Intervention and the 2005 World Summit’, Ethics and International Affairs, 20:2 (2006), pp. 143–169CrossRefGoogle Scholar .

6 Arbour, Louise, ‘The responsibility to protect in international law’, Review of International Studies, 34:3 (2008), p. 447CrossRefGoogle Scholar .

7 Arbour, ‘The responsibility to protect’, p. 448.

8 Ibid., pp. 448, 450.

9 Ibid., pp. 451–5.

10 Ibid., p. 453.

11 The ‘capricious’ threat or use of the veto was a central concern for the ICISS, which recommended the adoption of a code of conduct as to its use. Note, however, that Arbour's legal argument goes well beyond the political solution advocated by the Commission. See ICISS, The Responsibility to Protect (Ottawa: International Development Research Centre, 2001), pp. 51, 75Google Scholar .

12 Arbour, ‘The responsibility to protect’, p. 453.

13 Ibid., pp. 451–4.

14 Ibid., p. 448.

15 ICISS, The Responsibility to Protect, pp. 11–16Google Scholar .

16 On the distinction between ‘attributability’ and ‘accountability’ see Watson, Gary, ‘Two Face of Responsibility’, Agency and Answerability (Oxford: Oxford University Press, 2004), pp. 260–288CrossRefGoogle Scholar . The ICISS report confirms this much in noting that agents of states ‘are responsible for their actions; that is to say, they are accountable for their acts of commissions and omission’. See ICISS, The Responsibility to Protect, p. 13Google Scholar .

17 See Stern, Lawrence, ‘Freedom, Blame, and the Moral Community’, The Journal of Philosophy, 71:3 (1974), p. 84CrossRefGoogle Scholar ; and Strawson, Peter, ‘Freedom and Resentment’, Proceedings of the British Academy, 48 (1962), pp. 1–25Google Scholar .

18 On ‘prospective’ and ‘retrospective’ responsibility see Erskine, Toni, ‘Introduction: Making Sense of “Responsibility” in International Relations – Key Questions and Concepts’, Can Institutions Have Responsibilities? (Basingstoke: Palgrave, 2003), p. 8CrossRefGoogle Scholar .

19 See generally Glover, Jonathan, Responsibility (London: Routledge & Kegan Paul, 1970)Google Scholar ; Feinberg, Joel, Doing and Deserving: Essays in the Theory of Responsibility (Princeton: Princeton University Press, 1970)Google Scholar ; and Hart, H. L. A., Punishment and Responsibility: Essays in the Philosophy of Law (Oxford: Clarendon Press, 1968)Google Scholar .

20 Arbour, ‘The responsibility to protect’, p. 450.

21 Ibid., p. 449.

22 Ibid., p. 450.

23 d'Entreves, A. P., The Notion of the State (Oxford: Clarendon Press, 1967), pp. 1–3Google Scholar .

24 d'Entreves, , The Notion of the State, pp. 2–3Google Scholar .

25 Oakeshott, Michael, ‘The Authority of Governments and the Obligations of Subjects (1)’, in Nardin, Terry and O'Sullivan, Luke (eds) Lecture in the History of Political Thought (Exeter: Imprint Academic, 2006), pp. 428–429Google Scholar .

26 See Oakeshott, ‘The Authority of Governments’, pp. 427–30. On the distinction between objective and subject right see Tierney, Brian, The Idea of Natural Rights: Studies in Natural Rights, Natural Law, and Church Law, 1150–1625 (Grand Rapids, MI: William B. Eerdmans Publishing, 1997)Google Scholar ; and Brett, Annabel, Liberty, Right and Nature: Individual Rights in Later Scholastic Thought (Cambridge: Cambridge University Press, 2003)Google Scholar .

27 Pitkin, Hanna, ‘Obligation and Consent – I’, The American Political Science Review, 59:4 (1965), p. 993CrossRefGoogle Scholar .

28 Hart, H. L. A., The Concept of Law, (Oxford: Clarendon Press, 1961), pp. 219–220Google Scholar .

29 Pateman, Carole, The Problem of Political Obligation: A Critical Analysis of Liberal Theory (New York: John Wiley & Sons, 1979), pp. 24–30Google Scholar .

30 See Oakley, Francis, ‘Legitimation by Consent: The Question of the Medieval Roots’, Politics and Eternity (Leiden: Brill, 1999), pp. 98–100Google Scholar . On the difference between ‘final’ and ‘efficient’ causes see Dyson, R. W., Natural Law and Political Realism in the History of Political Thought, vol. 1 (New York: Peter Lang, 2005), pp. 68–69Google Scholar ; and Kurki, Milja, Causation in International Relations: Reclaiming Causal Analysis (Cambridge: Cambridge University Press, 2008), pp. 218–222CrossRefGoogle Scholar .

31 ICISS, The Responsibility to Protect, p. 13Google Scholar .

32 See Koskenniemi, Martii, From Apology to Utopia (Cambridge: Cambridge University Press, 2005), pp. 309–312Google Scholar .

33 Gillespie, Michael Allen, The Theological Origins of Modernity (Chicago: University of Chicago Press, 2008), pp. 22–29CrossRefGoogle Scholar .

34 d'Entreves, A. P., Natural Law: An Introduction to Legal Philosophy (London: Hutchinson University Library, 1952), p. 107Google Scholar .

35 Brierly, James Leslie, ‘The Basis of Obligation in International Law’, in Lauterpacht, Hersch (ed.), The Basis of Obligation in International Law and Other Papers (Oxford: Clarendon Press, 1958), p. 67Google Scholar .

36 Vaclav Havel, Address of His Excellency Vaclav Havel, President of the Czech Republic to both Houses of Parliament in the House of Commons Chamber, Ottawa, on Thursday, 29 April 1999, Government of Canada, Department of Foreign Affairs and International Trade (11 August 1999), p. 4.

37 Havel, Address of His Excellency, p. 5.

38 Brownlie, Ian, (ed.), ‘Universal Declaration of Human Rights’, Basic Documents on Human Rights, 3rd edition (Oxford: Oxford University Press, 1992), p. 22Google Scholar .

39 ICISS, The Responsibility to Protect, p. 16Google Scholar .

40 Deng, , Sovereignty as Responsibility, p. 19Google Scholar .

41 Dyson, R. W., Natural Law and Political Realism in the History of Political Thought, vol. 2 (New York: Peter Lang, 2007), pp. x–xiGoogle Scholar .

42 Dyson, , Natural Law, vol. 2, p. xGoogle Scholar .

43 See Schneewind, J. B., The Invention of Autonomy: A History of Modern Moral Philosophy (Cambridge: Cambridge University Press, 1998), pp. 22–25Google Scholar .

44 See D'Entreves, , Natural Law, p. 56Google Scholar ; Schneewind, , The Invention of Autonomy, pp. 18–36, 69–76Google Scholar ; and O'Donovan, Oliver and O'Donovan, Joan Lockwood (eds), From Irenaeus to Grotius: A Sourcebook in Christian Political Thought (Cambridge: William B. Eerdman's Publishing, 1999), pp. 787–792Google Scholar .

45 See Barbeyrac's commentary on Hugo Grotius, The Rights of War and Peace, vol. I, trans. Barbeyrac, Jean, ed. Tuck, Richard (Indianapolis: Liberty Fund, 2005), pp. 151–153Google Scholar .

46 Dyson, , Natural Law, vol. 2, p. 212Google Scholar . For a summary of the ‘new natural law’ and its critics see Kainz, Howard, Natural Law: An Introduction and Re-examination (Chicago: Open Court, 2004)Google Scholar .

47 Anscombe, G. E. M., ‘Modern Moral Philosophy’, in Geach, Mary and Gormally, Luke (eds), Human Life, Action and Ethics (Exeter: Imprint, 2005), pp. 169–182Google Scholar .

48 For an analysis of this distinction in the context of natural law see Dyson, , Natural Law, vol. 2, pp. 200–203, 222–224Google Scholar .

49 Schneewind, , The Invention of Autonomy, pp. 357–359Google Scholar .

50 See Hume, David, in Warner, Stuart and Livingston, Donald (eds), Political Writings (Indianapolis: Hackett Publishing, 1994), pp. 4–7Google Scholar .

51 Hume, , Political Writings, pp. 11–12Google Scholar , Schneewind, , The Invention of Autonomy, pp. 367–369Google Scholar .

52 Hume, , Political Writings, p. 12Google Scholar .

53 Bull makes specific reference to Hume in elaborating this argument. See The Anarchical Society (New York: Columbia University Press, 1977), pp. 4–5Google Scholar .

54 Schneewind, , The Invention of Autonomy, pp. 370–371Google Scholar .

55 See generally Berry, Christopher, Social Theory of the Scottish Enlightenment (Edinburgh: Edinburgh University Press, 1997), chap. 6Google Scholar .

56 Hume, , Political Writings, p. 11Google Scholar .

57 Schneewind, , The Invention of Autonomy, pp. 366, 373Google Scholar .

58 Quoted in Thornton, A. P., Doctrines of Imperialism (New York: John Wiley & Sons, 1965), p. 170Google Scholar .

59 As Dyson argues, ‘meaningful moral discourse depends not simply upon rationality, but upon the existence of shared values’. It is in respect of (unacknowledged) values or first premises that Rawls, like some modern natural law theorists, arrives at such a consensus. See Natural Law, vol. 2, pp. 100–106, 221Google Scholar .

60 Dyson, , Natural Law, vol. 2, pp. 212–221Google Scholar .

61 See ICISS, The Responsibility to Protect, p. 39Google Scholar ; Bain, William, Between Anarchy and Society: Trusteeship and the Obligations of Power (Oxford: Oxford University Press, 2003)CrossRefGoogle Scholar ; and Zaum, Dominik, The Sovereignty Paradox: The Norms and Politics of International Statebuilding (Oxford: Oxford University Press, 2007)CrossRefGoogle Scholar .

62 ICISS, The Responsibility to Protect, pp. 17, 40Google Scholar .

63 Gareth Evans, ‘The Responsibility to Protect: An Idea Whose Time Has Come…and Gone?’, Annual Lecture of the David Davies Memorial Institute, Aberystwyth University (23 April 2008), available at: {www.crisisgroup.org}.

64 See Dyson, , Natural Law, vol. 1, pp. xiiGoogle Scholar .

65 General Assembly, Third Session, Verbatim Record of the 180th Meeting, Held at the Palais de Chaillot, Paris (9 December 1948), A/PV 180, 62–3.

66 See Dyson, , Natural Law, vol. 2, chap. 8Google Scholar .

67 R. W. Dyson, ‘Natural Law as a Problem in Moral Philosophy’, Unpublished Paper (2005).

68 Green, Leslie, The Authority of the State (Oxford: Clarendon Press, 1988), pp. 89–90Google Scholar .

69 Ibid., p. 93.

70 Ibid., pp. 93–4, 118.

71 Ibid., p. 121.

72 Hume, , Political Writings, pp. 7–20Google Scholar .

73 Hume, , Political Writings, p. 17Google Scholar ; and Schneewind, , The Invention of Autonomy, pp. 368–373Google Scholar .

74 Hume, , Political Writings, p. 17Google Scholar .

75 Anand Gopal, ‘Some Afghans Live Under Taliban Rule – and Prefer It’ (15 October 2008), available at: {www.csmonitor.com}.

76 Pocock, J. G. A., ‘The History of Political Thought: A Methodological Inquiry (1962)’, Political Thought and History: Essays on Theory and Method (Cambridge: Cambridge University Press, 2009), pp. 5, 12–13, 17Google Scholar .

77 Arbour, ‘The responsibility to protect’, pp. 457–8.

78 ICISS, , The Responsibility to Protect, p. 71Google Scholar .

79 This thought is derived from Pocock, ‘The History of Political Thought’, p. 18.