Thursday, February 2, 2012 - 7:58 AM
In response to recent posts on the Security Council veto power, a number of smart folks were in contact to advance the notion of the "responsibility not to veto"--a concept that has been bubbling among Responsibility to Protect advocates for a number of years. (For a superb discussion of the concept and its roots, see this article by Ariela Blätter and Paul D. Williams.) The notion is that while a formal end to the veto power is not possible, the P5 can and should agree to a 'code of conduct' for its use. Specifically, the veto should not be used to oppose international action in the face of mass atrocities:
The use of the veto by the P5 to block rescue missions in cases of gencocide and mass attrocities, constitutes one of the main obstacles to the implementation of the Responsibility to Protect and rapid reaction by the international community to end mass violence against civilians. The principle of the Responsibility Not to Veto (RN2V) consitutes a means to enable more effective international actions to protect endangered civilian populations. It stipulates that the P5 should not use their veto power to block Security Council resolutions in response to genocide and mass atrocities which would otherwise pass by a majority. In addition, the P5 should provide a public justification to the use of veto against any such resolution.
The approach of altering Security Council practice through behavioral norms rather than formal rules or architectural modifications is eminently sensible. What's more, there's evidence that the P5 can be shamed in certain circumstances. Some members are obviously more susceptible to normative pressure than others, but the reports indicating that Russia may be ceding ground on Syria suggest that even the most obstinate can be pushed.
Profitable as generating a norm against the veto is, it has important limitations. Most important, I think it exaggerates the degree to which 'mass atrocity' situations can be parceled off from 'political' situations. There's a strong tendency in the advocacy community to think that when a situation involves atrocities it therefore sheds (or should shed) its political character. But states, even those sympathetic to the R2P cause, never stop thinking about the political and strategic realities (nor should they). And the idea that political actors will often be able to reach consensus on what constitutes a "mass atrocity" situation and should be dealt with as such seems illusory.
To take one recent example: Iraq in 2005-2006 was certainly a "mass atrocity" environment; the country was beset by frequent bombings aimed at civilians, and the toll was ghastly (probably greater than in Syria today). But few people spoke about it in the R2P or "mass atrocity" venacular. It was instead conceived of as a political and military problem. Why? Because U.S. troops were on the ground; because of the controversial background of the U.S. invasion; because of uncertainty about how to address the violence; because of the lack of credible Iraqi leaders. In short, because of the political and strategic context.
In important respects, R2P advocates want to decontextualize atrocity situations. They insist that the context doesn't matter, that the atrocities are unacceptable. It's a powerful and persuasive idea. But in a political world, it will always struggle.
Answer: no.
Apparently not, when the US is the only veto on a resolution against what even they acknowledge is the illegal settlements Israel builds on Palestineian land.
If the US feels no shame for it's hypocrisy then why should anyone else?
The real shame is the presence of the SC veto now present for nearly 70 years and there to be exercised by any of the empowered governments at will. Shame seldom disables government wills. Five nations have veto power and it could have been conferred with a sunset clause, based on realization that World War II wouldn't last forever; but it wasn't. it was one of the spoils of war.
And a very odd one. The US, the UK and France as much as they were during the latest word war. China isn't; the USSR went out of business about 20 years ago and Russia inherited the Soviet veto -- seemingly a courtesy. No veto holder in 2012 was alive when the power was granted. But, as all recognize, there is zero likelihood that this vermiform appendix of world rule will ever be revoked. Who could be expected to give up such a wonderful gift? Who could be expected to exercise it with perfect justice?
Bosco pointed earlier out why the P-5 have the veto power. There was no chance that any of them would ever agree to be part of a wide-ranging international organization unless they had reassurances that it would not be a serious threat to their interests. If the veto power didn't exist it's entirely possible that the U.S and Soviet Union would have left the U.N for being too constraining and a tool for the evil Western imperialists/Eastern Communists.
Yes, it could be easily argued that Iraq 2005-2006 was a mass atrocity of some kind. However, David, the fact of the matter is that the invasion of Iraq was illegal under international law (i.e. according to the Charter, specifically Articles 42 and 51, only self-defense and/or authorization of the UNSC allows for the use of force, and neither of these criteria were fulfilled in 2003) might have led the UNSC to teach the Americans a lesson of "if you want to go it alone, you will need to pay the price on your own".
Norm generation, as any constructivist worth their salt will tell you, isn't a cut-and-dry science or method. I certainly see the use of moral shaming to encourage consensus (indeed, that is almost the entire point of the Secretary-General's existence, given that Article 99 flat-out states that the Sec-Gen's "good offices" are to be used for just such a purpose); however, it's going to take a great deal of time, with hiccups and backtracking on the way.
The UNSC will have to adapt to the new world from 1945, or the UNSC will be pushed to the wayside.
(5)
HIDE COMMENTS LOGIN OR REGISTER REPORT ABUSE